by the King and Prince was as followeth WE Ratifying and confirming the aforesaid Treaty and all and every Capitulation contained and specified in the same do approve applaud confirm and ratifie of our certain knowledge all and every of these things in as much as they concern our Selves our Heirs or our Successors And we promise by these presents in the word of a King to kéep fulfil and observe the same and to cause them to be kept fulfilled and observed inviolably firmly well and faithfully effectually Bona fide without all exception and contradiction And we confirm the same with an Oath upon the Holy Evangelists in the presence of the Illustrious and Noble John de Mendoza Charls de Colona Ambassadors of the most Gratious Catholick â—ing residing in our Court. In Testimony and Witness of all and every the premises we have caused our Great Seal to be put to those Articles subscribed by our Hands there in the presence of the most Reverend Father in Christ George Archbishop of Canterbury Primate of all England and the Reverend Father in Christ John Bishop of Lincoln Lord Kéeper of the Great Seal of England Lionel Cranfield Cheif Treasurer of England Henry Uiscount Mandevil President of our Council Edward Earl of Worcester Kéeper of the Privy Seal Lewis Duke of Richmond and Lenox Lord Steward of our Houshold James Marquess Hamilton James Earl of Carlisle Thomas Earl of Kelly Oliver Uiscount Grandeson c. and George Calvert Knight one of our Cheif Secretaries of State and all of our Privy Council Given at our Palace of Westminster c. JACOBUS Rex After this the King did swear to certain private Articles in favor of Papists and for the advancement of the Roman Religion JAMES by the grace of God of Great Britain King Defender of the Faith c. To all to whom this present-writing shall come gréeting Inasmuch as among many other things which are contained within the Treaty of Marriage betwéen our most dear Son Charls Prince of Wales and the most renowned Lady Donna Maria Sister of the most renowned Prince and our welbeloved Brother Philip the Fourth King of Spain It is agréed That we by our Oath shall approve the Articles under-expressed to a word 1. That particular Laws made against Roman Catholicks under which other Vassals of our Realms are not comprehended and to whose observation all generally are not obliged as likewise general Laws under which all are equally comprised if so be they are such which are repugnant to the Romish religion shall not at any time hereafter by any means or chance whatsoever directly or indirectly be commanded to be put in execution against the said Roman Catholicks and we wil cause that our Council shall take the same Oath as far as it pertains to them and belongs to the execution which by the hands of them their Ministers is to be exercised 2. That no other Laws shall hereafter be made anew against the said Roman Catholicks but that there shall be a perpetual Toleration of the Roman Catholick Religion within private houses throughout all our Realms and Dominions which we will have to be understood as well of our Kingdoms of Scotland and Ireland as in England which shall be granted to them in manner and form as is capitulated decreed granted in the Article of the Treaty concerning the Marriage 3. That neither by us nor by any other interposed person whatsoever directly or indirectly privately or publikely will we treat or attempt any thing with the most renowned Lady Infanta Donna Maria which shall be repugnant to the Romish Catholick religion Neither will we by any means perswade her that she should ever renounce or relinquish the same in substance or form or that she should do any thing repugnant or contrary to those things which are contained in the Treaty of Matrimony 4. That We and the Prince of Wales will interpose our authority and will do as much as in us shall lie that the Parliament shall approve confirm and ratifie all and singular Articles in favor of the Roman Catholicks capitulated between the most renowned Kings by reason of this Marriage And that the said Parliament shall revoke and abrogate particular Laws made against the said Roman Catholicks to whose observance also the rest of our Subjects and Vassals are not obliged as likewise the general Laws under which all are equally comprehended to wit as to the Roman Catholicks if they be such as is aforesaid which are repugnant to the Roman Catholick Religion And that hereafter we will not consent that the said Parliament should ever at any time enact or write any other new Laws against Roman Catholicks MOreover I Charls Prince of Wales engage my self and promise that the most Illustrious King of Great Britain my most honored Lord and Father shall do the same both by word and writing That all those things which are contained in the foregoing Articles and concern as well the suspension as the abrogation of all Laws made against the Roman Catholicks shall within thrée years infallibly take effect and sooner if it be possible which we will have to lie upon our Conscience and Royal honor That I will intercede with the most illustrious King of G. Britain my father that the ten years of the education of the children which shall be born of this marriage with the most illustrious Lady Infanta their mother accorded in the 23 Art which term the Pope of Rome desires to have prorogued to twelve years may be lengthened to the said term And I promise fréely and of my own accord and swear That if it so happen that the entire power of disposing of this matter be dâ—volved to me I will also grant and approve the said term Furthermore I Prince of Wales oblige my self upon my faith to the Catholick King That as often as the most illustrious Lady Infanta shall require that I should give ear to Divines or others whom her Highness shall be pleased to employ in matter of the Roman Catholick religion I will hearken to them willingly without all difficulty and laying aside all excuse And for further caution in point of the frée exercise of the Catholick religion and the suspension of the Law above-named I Charls Prince of Wales promise and take upon me in the word of a King that the things above promised and treated concerning those matters shall take effect and be put in execution as well in the Kingdoms of Scotland and Ireland as of England The Privy-Councellors Oath was this I A.B. do swear That I will truly and fully observe as much as belongeth to me all and every of the Articles which are contained in the Treaty of Marriage betwéen the most gracious Charls Prince of Wales and the most gracious Lady Donna Maria Infanta of Spain Likewise I swear that I will neither commit to execution nor cause to be executed either by my self or by any inferior Officer serving me any
aside and that Consideration might be had how their Priviledges may be preserved unto posterity And the House was put into a Committee for the freer Debate thereof and afterwards resumed And it was ordered That the House be adjourned till to morrow and all businesses to cease The 26. of May the Lord Keeper delivered this Message from the King to the House of Lords viz. THat his Majesty hath willed him to signifie unto their Lordships That he doth marvel his meaning in his last Answer should be mistaken And for the better clearing of his intention hath commanded him to signifie unto their Lordships his further Answer which is That their Lordships last Petition was so acceptable to his Majesty that his intent was then and is still to satisfie their Lordships fully in what they then desired Whereupon it was ordered That all businesses be adjourned till that day seven night At the same time the Duke of Buckingham signified unto their Lordships his desire to have the Kings Council allowed him to plead his cause But the Lords would not hear him because they would entertain no business And so the House was adjourned to the second of Iune At which time the House sitting again the Lord Keeper delivered this Message from the King to the House of Lords viz. HIs Majesty hath commanded me to deliver unto your Lordships a Message touching the Earl of Arundel That his Majesty hath thought of that business and hath advised of his great and pressing affairs which are such as make him unwilling to enter into dispute of things doubtful And therefore to give you clear satisfaction touching that Cause whereby you may more cheerfully proceed in the business of the House he hath endeavored as much as may be to ripen it but cannot yet effect it but is resolved that at the furthest by Wednesday sevennight being the fourteenth of Iune he will either declare the Cause or admit him to the House And addeth further upon the word of a King That if it shall be sooner ripe which he hath good cause to expect he will declare it at the soonest And further That if the occasion doth enforce to stay to the time prefixed yet he doth not purpose to set such a short end to the Parliament but that there shall be an ample and good space between that and the end of the Sessions to dispatch affairs This Message being delivered the House was adjourned ad libitum and put into a Committee And being resumed it was agreed That all businesses should cease but this of the Earl of Arundel's concerning the Priviledges of the House and the House to meet thereon to morrow morning and to be put into a Committee to consider thereof And so the House was adjourned to the next day Then the Lord Keeper delivered this Message from the King Viz. THat in the matter concerning the Earl of Arundel his Majesty hath been very careful and desirous to avoid all jealousie of violating the Priviledges of this House that he continueth still of the same mind and doth much desire to find out some Expedient which might satisfie their Lordships in point of Priviledge and yet not hinder his Majesties service in that particular But because this will require some time his Majesty though his great affairs are urgent and pressing is unwilling to urge their Lordships to go on therewith till his Majesty hath thought on the other And therefore hath commanded him to signifie his pleasure That his Majesty is contented their Lordships adjourn the House till Thursday next and in the mean time his Majesty will take this particular business into further consideration Hereupon the Lords agreed That the Lord Keeper do render unto his Majesty from the House their humble thanks for his gracious respect unto their Priviledges Then the Lord Keeper demanded of the Lords whether their Lordships would adjourn the House till Thursday next Whereupon it was agreed by the Lords and the House was so adjourned On Thursday Iune 8. the Lord Keeper delivered this Message to the Lords from his Majesty viz. THat on Saturday last his Majesty sent word to the House That by this day he would send them such an Answer concerning the Earl of Arundel as should satisfie them in point of Priviledge And therefore to take away all dispute and that their Priviledges may be in the same estate as they were when the Parliament began his Majesty hath taken off the restraint of the said Earl whereby he hath liberty to come to the House The Earl of Arundel being returned to the House did render his humble thanks unto his Majesty for this gracious favor towards him and gave their Lordships also most hearty thanks for their often intercessions for him unto the King and protested his Loyalty and faithful service unto his Majesty Much about this time Mr. Moor a Member of the House of Commons having spoken some words which seemed to reflect upon his Majesty they were reported to the House viz. That he said We were born free and must continue free if the King will keep his Kingdom Adding these words Thanks be to God we have no occasion to fear having a just and pious King The House for these words committed Mr. Moor to the Tower of London And his Majesty shortly after sent a Message That he had passed by his offence Whereupon he was released While the Duke stood charged in the Parliament the Chancellorship of Cambridge became void by the death of the Lord Howard Earl of Suffolk who died on Whitsonday the 28. of May 1626. The University having understood by several hands That it was the Kings express will and pleasure that the Duke should be chosen in his stead were ambitious and forward to express their obedience to his Majesty in that behalf well knowing that in regard of their multitude and worthy Judgment and wisdom that is esteemed and ought to be in those Electors this was one of the most honorable Testimonies of Worth and Integrity that the Nation can afford And that whereas all other the Dukes Honors did but help the rather to sink him with their weight this would seem to shoar and prop him up Letters were pretended to be sent from his Majesty to the intent to disencourage all opposers But though the pretence of Letters served mainly to effect their ends yet the producing of them would have prejudiced the chief intendment of the Election namely the honor of the Testimony in it which chiefly lying in the freedom of the Votes had by Letters been cut off Many Heads of Houses bestirr'd themselves according to their several power and interest in their respective Societies and Trinity-Colledge alone the Master whereof was Doctor Maw one of the Kings Chaplains supplied the Duke with Forty three Votes the third part of those which served the turn for he had in all One hundred and eight He was chosen the Thursday following the
in Parliament The Right Honorable Vicount Dunbar Deputy Justice in Oyer to the Earl of Rutland from Trent Northward and a Commissioner of Sewers and a Deputy Lieutenant within the East-Riding of Yorkshire his Lordship is presented to be a Popish Recusant and his Indictment removed into the Kings-Bench and his Wife Mother and the greatest part of his Family are Popish Recusants and some of them convicted William Lord Eury in Commission for the Sewers in the East-Riding a convict Popish Recusant Henry Lord Abergaveney John Lord Tenham Edward Lord Wotton in Commission for Sewers justly suspected for Popery Henry Lord Morley Commissioner of Sewers in Com. Lanc. himself suspected and his wife a Recusant Iohn Lord Mordant Commissioner of the Peace Sewers and Subsidie in Com. Northampton Iohn Lord St Iohn of Basing Captain of Lidley Castle in Com. Southampton indicted for a Popish Recusant Em. Lord Scroop Lord President of his Majesties Council in the North Lord Lieutenant of the County and City of York Com. Eborac Ville Kingston super Hull presented the last time and continuing still to give suspition of his ill-affection in Religion 1. By never coming to the Cathedral Church upon those dayes wherein former Presidents have been accustomed 2. By never receiving the Sacrament upon Common dayes as other Presidents were accustomed but publickly departing out of the Church with his servants upon those dayes when the rest of the Council Lord Major and Aldermen do receive 3. By never or very seldom repairing to the Fasts but often publickly riding abroad with his Hawkes on those dayes 4. By causing such as are known to be firm on those dayes in the Religion established to be left out of Commission which is instanced in Henry Alured Esquire by his Lordships procurement put out of the Commission of Sewers or else by keeping them from executing their places which is instanced in Dr. Hudson Doctor in Divinity to whom his Lorship hath refused to give the Oath being appointed 5. By putting divers other ill-affected persons in Commission of the Council of Oyer and Terminer and of the Sewers and into other Places of Trust contrary to his Majesties gracious Answer to the late Parliament 6. In October last 1625. being certified of divers Spanish ships of War upon the Coasts of Scarborough his Lordship went thither and took with him the Lord Dunbar Sir Thomas Metham and William Alford and lay at the house of the Lord Eury whom he knew to be a convict Recusant and did notwithstanding refuse to disarm him although he had received Letters from the Lords of the Council to that effect and did likewise refuse to shew the Commissioners who were to be imployed for disarming of Popish Recusants the original Letters of the Privy-Council or to deliver them any Copies as they desired and as his Predecessors in that place were wont to do 7. By giving Order to the Lord Dunbar Sir William Wetham and Sir William Alford to view the Forts and Store of Munition in the Town of Kingston upon Hull who made one Kerton a convict Recusant and suspected to be a Priest their Clerk in that service 8. By denying to accept a Plea tendred according to the Law by Sir William Hilliard Defendant against Isabel Simpson Plaintiff in an Action of Trover that she was a convict Popish Recusant and forcing him to pay costs 9. By the great increase of Recusants since his Lordships coming to that Government in Ianuary 1619. It appearing by the Records of the Sessions that there are in the East-Riding onely One thousand six hundred and seventy more convicted then were before which is conceived to be an effect of his favor and countenance towards them William Langdale Esquire convict of Popish Recusancy Iordan Metham Henry Holm Michael Partington Esquires George Creswell Thomas Danby Commissioners of the Sewers and put in Commission by procurement of the Lord Scroop Lord President of the North and who have all Popish Recusants to their wives Ralph Bridgeman a Non-Communicant Nicholas Girlington whose wife comes seldom to Church Sir Marmaduke Wycel Knight and Baronet presented the last Parliament his wife being a convict Popish Recusant and still continuing so Sir Thomas Metham Knight Deputy Lieutenant made by the Lord Scroop in Commission of the Council of the North and of Oyer and Terminer and other Commissions of Trust all by procurement of the same Lord President since the Kings Answer never known to have received the Communion his two onely Daughters brought up to be Popish and one of them lately married to Thomas Doleman Esquire a Popish Recusant Anthony Vicount Montague in Commission of the Sewers in Com. Sussex his Lorship a Recusant Papist Sir William Wray Knight Deputy Lieutenant Colonel to a Regiment his wife a Recusant Sir Edw. Musgrave Sir Tho. Lampleigh Justices of Peace and Quorum Sir Thomas Savage Deputy Lieutenant and Justice of Peace his wife and children Recusants Sir Richard Egerton a Non-Communicant Thomas Savage Esquire a Deputy Lieutenant a Recusant and his wife indicted and presented William Whitmore Commissioner of the Subsidy his wife and children Recusants Sir Hugh Beeston Commissioner of the Subsidy his Daughter and many of his Servants Recusants Sir William Massie Commissioner for the Subsidy his Lady indicted for Recusancy and his children Papists Sir William Courtney Knight Vice-Warden of the Stannery and Deputy Lieutenant a Popish Recusant Sir Thomas Ridley Knight Justice of the Peace his wife a Popish Recusant and eldest son Sir Ralph Conyers Knight Justice of Peace his wife a Popish Recusant Iames Lawson Esquire a Justice of Peace and one of the Captains of the Trained-band his children Popish Recusants and servants Non-Communicants Sir Iohn Shelley Knight and Baronet a Recusant William Scot Esq a Recusant Iohn Finch Esquire not convict but comes not to Church in Commission of the Sewers These are all convicted Recusants or suspected of Popery Sir William Mollineux Deputy Lieutenant and Justice of Peace his wife a Recusant Sir Richard Honghton Knight Deputy Lieutenant his wife and some of his daughters Recusants Sir William Norris Captain of the general Forces and Justice of Peace a Recusant Sir Gilbert Ireland Justice of Peace a Recusant Iames Anderton Esquire Justice of Peace and one of his Majesties Receivers his wife a Non-Communicant his son and heir a great Recusant and himself suspected Edward Rigby Esquire Clerk of the Crown Justice of Peace himself a good Communicant but his wife and daughters Popish Recusants Edward Criswell Esquire Justice of Peace his wife a Popish Recusant Iohn Parker Gentleman Muster-Master for the County suspected for a Popish Recusant George Ireland Esquire Justice of Peace his wife a Popish Recusant Iohn Preston Esquire Bow-bearer for his Majesty in Westmorland Forest a Recusant Thomas Covill Esquire Jaylor Justice of Peace and Quorum his Daughter a Recusant married Sir Cuthbert Halsal Justice of Peace his wife a Recusant Richard Sherborn Esquire Justice of Peace himself
well-beloved Sir VVilliam Balfoure Knight and Iohn Dolbier Esquire or either of them for levying and providing certain numbers of Horses with Armes for Horse and Foot to be brought over into this Kingdome for our service viz. for the levying and transporting of one thousand Horse fifteen thousand pounds for five thousand Muskets five thousand Corslets and five thousand Pikes ten thousand five hundred pounds and for one thousand Curaseers compleat two hundred Corslets and Carbines four thousand five hundred pounds amounting in the whole to the said summe of thirty thousand pounds And this our letter shall be your sufficient warrant and discharge in this behalf Given under our Privy Seal at our Palace of Westminster the 30th of Ianuary in the third year of our Reign Iune the seventh the King came to the Lords House and the House of Commons were sent for And the Lord Keeper presented the humble Petition of both Houses and said MAy it please your most excellent Majesty the Lords Spiritual and Temporal and Commons in Parliament assembled taking into consideration that the good intelligence between your Majesty and your people doth much depend upon your Majesties answer unto their Petition of Right formerly presented With unanimous consent do now become most humble Suitors unto your Majesty that you would be pleased to give a clear and satisfactory answer thereunto in full Parliament Whereunto the King replyed The answer I have already given you was made with so good deliberation and approved by the judgements of so many wise men that I could not have imagined but it should have given you full satisfaction But to avoid all ambiguous interpretations and to shew you there is no doublenesse in my meaning I am willing to pleasure you as well in words as in substance read your Petition and you shall have an answer that I am sure will please you The Petition was read and this answer was returned Soit droit fait come il est desire C. R. This I am sure said his Majesty is full yet no more then I granted you in my first Answer for the meaning of that was to confirm your liberties knowing according to your own Protestations that ye neither meane nor can hurt my Prerogative And I assure you my Maxime is That the Peoples Liberties strengthen the Kings Prerogative and the Kings Prerogative is to defend the Peoples Liberties You see how ready I have shewed my self to satisfie your demands so that I have done my part Wherefore if this Parliament have not a happy conclusion the sin is yours I am free from it Whereupon the Commons returned to their own House with unspeakable joy and resolved so to proceed as to expresse their thankfulnesse and now frequent mention was made of proceeding with the Bill of subsidies of sending the Bills which were ready to the Lords of perfecting the Bill of Tunnage and Poundage and Sir Iohn Strangeâ—â—ies also expressed his joy at the answer and further added Let us perfect our Remonstrance King Iames was wont to say He knâ—w that by Parliaments which otherwise he could never have known After the granting of the Petition of Right the House ordered that the Grand Committees for Religion Trade Grievances and Courts of Justice to sit no longer but that the House proceed only in the consideration of Grievances of most moment And first they fell upon the Commission for Excise and sent to the Lord Keeper for the same who returned answer that he received Warrant at the Councel Table for the sealing thereof and when it was Sealed he carried it back to the Councel Table The Commission being sent it was read in the House viz. CHarles By the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To Sir Thomas Coventry Knight Lord Keeper of the Great Seale of England To James Earl of Malburg Lord High Treasurer or England Henry Earl of Manchester Lord President of our Councel Edward Earl of Worcester Lord Keeper of our Privy Seal George Duke of Buckingham Lord high Admiral of England William E. of Pembrook Lord Steward of Our Houshold Philip Earl of Mountgomery Lord Chamberlain of Our Houshold Theophilus Earl of Suffolk Edward Earl of Dorset William Earl of Salisbury Thomas Earl of Exeter John Earl of Bridgwater James Earl of Carlisle Henry Earl of Holland William Earl of Denbigh George Earl of Totnes Sir George Hay Kt. Lord Chancellor of Scotland William Earl of Morton Thomas Earl of Kelley Thomas Earl of Mellers Edward Uiscount Conway one of our principal Secretaries of State Edward Uiscount Wimbleton Oliver Uiscount Grandison Henry Falkland Lord Deputy of Ireland To the Lord Bp. of Winchester Wil. Lord Bp. of Bath and Wells Fulk Lo. Brook Dudley Ash Lord Carlton Uice Chamberlain of Our Houshold Sir Thomas Edmonds Treasurer of our Houshold Sir John Savil Controler of Our Houshold Sir Robert Nanton Master of the Court of Wards Sir John Cook one of the principal Secretaries of State Sir Richard Weston Chancellour and under Treasurer of our Exchequer Julius Caesar Master of the Rolls and Sir Humphrey May Kt. Chancellour of Our Dutchy of Lancaster Greeting Whereas the presâ—nt Conjuncture of the general affairs of Christendom and our own particular interest in giving assistance unto our oppressed Allies and for providing for the defence and safety of our own Dominions and People do call upon Us to neglect nothing that may conduce to those good ends And because Monies the principal sinâ—ws of War and one of the first and chiefest movers in all great Preparations and Actions are necessary to be provided in the first place and We are carefull the same may be raised by such ways as may best stand with the State of Our Kingdoms and Subjects and yet may answer the pressing occasions of the present times We therefore out of the experience We have had and for the trust we repose in your wisdoms fidelities and dutifull care of your service And for the experience we have of all great Causes concerning us and our State both as they have relation to Foraine parts abroad and as to our Common-wealth and People at home Ye being persons called by us to be of Our Privy Councel have thought sit amongst those great and important matters which so much concern us in the first and chiefest place to recommend this to your special care and diligence And we do hereby authorise and appoint and strictly will and require you that speedily and seriously you enter into consideration of all the best and speediest ways and means ye can for raising of Monies for the most Important occasions aforesaid UUhich without extreamest hazard to Us our Dominions and People and to our Friends and Allies can admit of no long delay the same to be done by Impositions or othâ—rwise as in your wisdoms and best Iudgments ye shall find to be most convenient in a case of this inevitable necessity wherein Form â—nd
well performed would require the time and industry of the ablest men both of Counsel and Action that your whole Kingdome will affoard especially in these times of common danger And our humble desire is further that your most excellent Majesty will be pleased to take into your Princely consideration whether in respect the said Duke hath so abused his power it be safe for your Majesty and your Kingdom to continue him either in his great Offices or in his place of nearness and Councel about your sacred Person And thus in all humility aiming at nothing but the honour of Almighty God and the maintenance of his true Religion the safety and happiness of your most excellent Majesty and the preservation and prosperity of this Church and Common-wealth We have endeavoured with faithfull hearts and intentions and in discharge of the duty we owe to your Majesty and our Countrey to give your Majesty a true Representation of our present danger and pressing calamities which we humbly beseech your Majesty graciously to accept and take the same to heart accounting the safety and prosperity of your people your greatest happiness and their love your Richest Treasure A rufull and lamentable spectacle we confess it must needs be to behold those Ruines in so fair an House So many diseases and almost every one of them deadly in so strong and well tempered a body as this kingdom lately was But yet we will not doubt but that God hath reserved this Honor for your Majesty to restore the safety and happiness thereof as a work worthy so excellent a Prince for whose long life and true felicity we daily pray and that your fame and never dying Glory may be continued to all succeeding Generations HEreupon a Message was sent to his Majesty desiring access to his Person with the Remonstrance and the Speaker was appointed to deliver it who much desired to be excused but the House would not give way thereunto The House also sent up the Bill of Subsidy unto the Lords Soon after the King sends a Message by Sir Humphrey May that he means to end this Session on the 26. of Iune whereupon the Commons fall upon the Bill of Tunnage and Poundage In the mean time this ensuing Order concerning the Duke was made in the Starchamber upon the signification of his Majesties pleasure In Interiori Camera Stellatâ 16. Junii Anno quarto Caroli Reg. FOrasmuch as his Majesty hath been graciously pleased to signifie unto his Highness Atturney General that his Royal pleasure is that the Bill or information Exhibited into this Court against the Right Honourable George Duke of Buck. for divers great offences and misdemeanours objected against him for that his Majesty is fully satisfied of the innocency of that Duke in all those things mentioned in the said information as well by his own certain knowledge as by the proofs in the Cause shall therefore together with the said Dukes Answer thereunto and all other proceedings thereupon be taken off the File that no memory thereof remain of Record against him which may tend to his disgrace It is therefore Ordered that the said Information or Bill the Answer thereunto and all other Proceedings thereupon be forthwith taken from the File by his Majesties said Atturney General according to his Majesties pleasure therein to him signified under his hand and now remaining in the custody of the Register of this Court Dated this present 16. day of Iune 4. Caroli Exam. per Jo. Arthur 16. Iunii 1628. ON this very day the Duke signified unto the House that he is informed that one Mr. Christopher Eukener of the House of Commons hath affirmed that his Grace did speak these words at his own Table Viz. Tush it makes no matter what the Commons or Parliament doth for without my leave and authority they shall not be able to touch the hair of a Dogg And his Grace desired leave of their Lordships that he might make his Protestation in the House of Commons concerning that Speech And to move them that he which spake it of him being a Member of that House might be commanded to justifie it and his Grace heard to clear himself Their Lordships considering thereof ordered that the Duke shall be left to himself to do herein what he thinks best in the House of Commons Whereupon the Duke gave their Lordships thanks and protested upon his Honour that he never had those words so much as in his thoughts Tho which Protestation the Lords Commanded to be entred that the Duke may make use thereof as need shall be The Duke also charged one Mr. Melvin for speaking words against him Viz. First That Melvin said That the Dukes plot was that the Parliament should be dissolved and that the Duke and the King with a great Army of Horse and Foot would war against the Commonalty and that Scotland should assist him so that when war was amongst our selves the Enemy should come in for this Kingdom is already sold to the Enemy by the Duke 2. That the Duke had a stronger Councel then the King of which were certain Jesuites Scotishmen and that they did sit in Councel every night from one of the clock till three 3. That when the King had a purpose to do any thing of what consequence soever the Duke could alter it 4. That when the Ordnance were shipt at St. Martins the Duke caused the Souldiers to go on that they might be destroyed 5. That the Duke said he had an Army of 16000. Foot and 1200. Horse 6. That King Iames his blood and Marquess Hamiltons with others cries out for vengeance to heaven 7. That he could not expect any thing but ruine of this Kingdom 8. That Prince Henry was poisoned by Sir Thomas Overbury and he himself served with the same sauce and that the Earl of Somerset and others could say much to this 9. That he himself had a Cardinal to his Uncle or near Kinsman whereby he had great intelligence About the same time the Lord Keeper reported to the House of Lords what his Majesty said touching the Commission of Excise Viz. That their Lordships had reason to be satisfied with what was truly and rightly told them by the Lords of the Councel that this Commission was no more but a warrant of advice which his Majesty knew to be agreeable to the time and the manifold occasions then in hand but now having a supply from the loves of his people he esteems the Commission useless and therefore though he knows no cause why any jealousie should have risen thereby yet at their desires he is content it be cancelled and he hath commanded me to bring both the Commission and Warrant to him and it shall be cancelled in his own presence The day following the Lord Keeper reported that his Majesty had cancelled the Commission and the Warrant for putting the Seal thereunto and did there openly shew it and a Message was sent to the Commons to
see his Children dispossessed of their Hereditary Rights and hopes his Son in Law will make Overtures of Peace which if slighted by the Emperor he will not lose the season to prepare for the defence of the Palatinate But if his Son will not hearken to his advice he shall be inforced to leave him to his proper Counsels Notwithstanding this open wary and tender proceeding with all care and patience to observe the Spanish humors our State Ministers that were most addicted to Spain discerned their trifling with us which they did not spare to censure and resolved to use a freer Language yet still discovered a willingness to wait their further leisure for the English Patience seemed invincible In the mean time the Privy Council having an eye to the support of the Palatinate began the raising of Moneys by way of free gift and directed Letters of the tenor following to divers Earls Viscounts Bishops and Barons the same Letter being sent to each respectively YOu may formerly have heard how the Palatinate being the ancient Heritage of the Count Palatine his Majesties Son in Law and to discend to his Majesties Grand-children is now invaded by a Foreign Enemy many principal Towns are surprised a great part of the Countrey in the possession of strangers and the inhabitants forced to take an Oath against their Natural Prince Whereupon his Majesty out of considerations of Nature Honor and State hath declared himself in the course of an Auxiliary War for the defence and recovery of the same the occasion being so weighty and pressing hath moved his Majesty by the general advice of us his Council to think of some course for provision of that nature as may serve as well to the maintenance and preserving of the present succors already sent as for the reinforcing them out of those Countries as the occasion of the War shall require And for that the swiftness of the occasion would not permit a supply by other means for the present so readily as was needful we have all concurred to begin with our selves in offer of a voluntary gift unto his Majesty for the advancement of the present occasion nothing doubting but that your Lordship being a Peer of the Kingdom will chearfully and readily follow the example of us begun And if there were much alacrity and readiness found in the Nobility and others to contribute at the motion of his Majesties Sons Ambassador at what time the Palatinate was not invaded neither had his Majesty declared himself you will much more and in a better proportion do it now these two weighty Motives do concur and so nothing doubting of your Lordships readiness herein we bid c. To the Marquess of Winchester To the Earl of Cumberland To the Earl of Darby To the Earl of Northumberland c. Also a Letter of the same form was written to the Lord Major of London But the short Reign of King Frederick was near its period The Imperial Forces under Bavaria Buquoy and D. Balthazar advance towards Prague and the Bohemians quit their Garrisons to make their Army the more compleat Yet neither Count Mansfield nor the English Forces were there On the Eighth day of November being the Lords day both Armies met for the fatal decision of the great Controversie The Bohemians stood upon the advantage-ground betwixt the Imperialists and Prague But the Enemy breaking through scattered and ruined their whole Army and pursued the Victory The King and Queen surprised with this Discomfiture among a wavering people in a City not very defensible were constrained to â—lie the next morning Diminution of Honor was added to the Calamity of this Prince because he suffered his Soldiers to mutiny for Pay when he had a mass of Money by him which was left behind to augment the Enemies Conquest Neither was Anhalt the General a fit person for the high trust reposed in him who not long after the Defeat sought and obtained the Emperors favor and was made one of his Generals to debel the Protestant cause and party But Count Mansfield whom Anhalt slighted and closed not with him to bring him up to this Fight made good his fidelity and with his Flying Army became a continual vexation to the Emperor harasing his Countries and forcing Contribution King Iames upon the news of the Palsgrave's overthrow and upon a Narration of the state of Affairs in those parts made unto His Majesty by the Earls of Oxford and Essex newly returned from the Palatinate was pleased to call a full Council together to consider of this great and weighty affair The Order ensuing relates the particulars At the Court at Whitehall Jan. 13. 1620. Present Lord Archbishop of Canterbury Lord Chancellor Lord Treasurer Lord Privy Seal Lord Steward Lord M. Hamilton Lord Chamberlain Earl of Arundel Earl of Kelly Lord V. Doncaster Lord V. Falkland Lord Carew Lord Digby Mr. Treasurer Mr. Secr. Naunton Mr. Secr. Calvert Mr. Chanc. of the Exchequer Master of the Rolls Master of the Wards HIs Majesty being resolved to make some Royal preparations for the Recovery and Protection of the Palatinate being the antient Inheritance of his Majesties Son in law and Grandchildren did in his high wisdom think méet to appoint some persons of knowledge and experience in the Wars to consider of and give their Advice in such Propositions as shall be made unto them by the Board for the better expediting of that service To which purpose the Earl of Oxford and the Earl of Essex the Earl of Leicester the Lord Uiscount Wilmot the Lord Danvers the Lord Calfield Sir Edward Cecyl Sir Richard Harrison Knights and Captain Danbingham were called to the Table and made acquainted with His Majesties pleasure That they or any Five or more of them together with Sir Horace Vere and Sir Edw. Conway Knights if they return into England while this Committee doth continue shall undertake this service and have their méetings and assemblies in the whole Council-chamber here in Whitehall touching the affairs above-mentioned And that for their better assistance they call unto them such others of experience whose advice and opinion they shall think fit to make use of in their several Consultations upon such things as shall be so referred unto them from the Board Which they are to prosecute without intermission or delay And they shall make Report of their Opinions which is to be done in writing under Five of their hands at least The Particulars offered to their Consideration are these First What proportion or number of men as well Horse as Foot with Munition Victuals Shipping and Treasure will be sufficient for that Enterprise And secondly By what time it will be meet that their Forces be in readiness And where the Arms Munition and Victuals may best be provided with such other Circumstances as are incident to any of these Heads For the better direction herein Mr. Secretaries will acquaint them with such Intelligences as they have received touching the
of all such as should serve their Princes with the like loyalty had sent him a Blank signed by himself wherein he might set down his own Conditions both in point of Title and Fortune And this he did in no wise to oblige another Princes Subject but only to give encouragement to honest and faithful proceedings And therefore he would not make these offers in private but open and justifiable to all the world and would accompany all that he should do with a Declaration or Patent That what he had done for the Earl of Bristol was for the fidelity wherewith he had served his own Master Hereunto the Earl made answer That he was sorry and much afflicted to hear such language And desired that they should understand that neither this King nor Spain were beholding to him For whatsoever he had done he thought the same to be fittest for his Masters service and his own honor having no relation to Spain and that he served a Master from whom he was assured both of justice and due reward And nothing doubted but his own Innocencie would prevail against the wrong intended by his powerful Adversaries And were he sure to run into imminent danger he had rather go home and cast himself at his Masters feet and mercy and therein comply with the duty and honor of a faithful Subject though it should cost him his head then be Duke or Infantado of Spain And that with this resolution he would imploy the utmost of his power to maintain the Amity between the two Kings and their Crowns and to serve his Catholick Majesty After he had taken his leave and was ready to come away he had another Profer made unto him in private of Ten thousand Crowns to take with him in his purse to make his way and go through with his troubles if haply his own monies might be seised upon And it was told him no body should know it Yes said he one would know it who he was assured would reveal it to his Majesty viz. the Earl of Bristol himself and it would make him not so clear in his own heart as now he was and so he refused the offer The Match was now truly broken but as yet the breach was not declared nor the Treaty quite fallen to the ground but continued after a languishing manner in the hands of Sir Walter Aston The Spaniards by all Advertisements from England were advised to expect a War and accordingly they went seriously to work and prepared themselves for what might happen And Aston being there upon the place conceived it high time that King Iames should resolve upon some course to allay the storm arising or to go hand in hand with them in equal preparations All that was left alive of the Marriage-business was no more then that those Jewels which the Prince had left at his Farewel were not yet returned But if the Letter then expected from England brought no better Answer to their last Offer concerning the Palatinate then such as they had hither to received they will return the Jewels and declare the Marriage broken For by this time they had received intelligence of the Princes treating a Marriage with a Daughter of France the Lady Henrietta Maria. And so it was that King Iames had lately sent the Lord Kensington afterwards Earl of Holland to enquire covertly whether the Match were feasible before he would enter into a Publick Treaty The Lord Kensington returned this Accompt of his Negotiation That there appeared in the face of that Court an extraordinary sweetness smoothness and clearness towards an Alliance with England The Princess herself was observed seldom to have put on a more cheerful countenance then she had done the first night of his appearance in that Court The Queen though a Daughter of Spain wished this Match more then that intended with her own Sister And the Queen-mother who will have the chief stroke in the business expressed her good will and favor as much as might stand with her Daughters honor For the French observe the aspiring of the King of Spain to the Monarchy of Christendom and his approaches to the Kingdom of France and his encompassing it on all sides And they discern that an Alliance with England is the surest way to oppose the mightiness of that King And upon the same accompt they promised brave assistance to the United Provinces gave great encouragement to Count Mansfield and Duke Christian of Brunswick A Gentleman of the Religion was sent to Liege to offer them the Kings protection if that Town will seek it Nevertheless they have not directly embraced this Overture of Marriage because we have not as yet wholly abandoned the Treaty with Spain lest they should lose the Friendship of a Brother-in-law to gain another which may possibly fail them But they say that their hearts are not capable of more content then to see this Motion upon a Publick Commission and all that may touch upon the way of Spain dissolved Neither are they like to strain us to unreasonable Conditions in favor of the Roman Catholicks in his Majesties Dominions For in that matter their Pulse beats so temperately as to promise a good Crisis therein And in case his Majesty be drawn to banish the Priests and Jesuites and to quicken the Laws against other Catholicks to keep a good Intelligence with his Parliament yet they say they hope he will not tie his hands from some moderate favor to flow hereafter from the mediation of that State which is all they pretend unto for the saving of their honor who otherwise would hardly be reputed Catholicks Thus the Lord Kensington having rendred an accompt of his diligence advised to go on roundly with the Match lest otherwise though never so well affected they be altered with the Arts of Spain For saith he undoubtedly the King of Spain will resolve if possible to oblige one side And as the French do think he may please England with the restitution of the Palatinate so we may think he will please the French with rendring of the Valtoline But without the assistance of Parliament and compliance with the people the King could not go through with those weighty works which he was now to take in hand Now the things which troubled the People were set forth to the King in three particulars As That for the Subsidies granted in the two last Parliaments they received no retributions by Bils of Grace That some of their Burgesses were proceeded against after the Parliament was dissolved And that when they have satisfied the Kings demands he will nevertheless proceed to the conclusion of the Spanish Match Hereupon some of his nearest Council perswaded him to begin the work by removing the peoples Jealousies and to cast away some crums of his Crown amongst them and those crums would work miracles and satisfie many thousands And whereas the aim of the former Treaties was the setling of an universal peace in Christendom
Temporalty with the Judges opinions 35. An Act for the Kings General Pardon Private Acts. 36. An Act for the Confirmation of Wadham-Colledge in Oxon and the Possessions thereof 37. An Act for the Naturalizing of Philip Burlemacchi 38. An Act for the Naturalizing of Giles Vandeput 39. An Act to enable William Earl of Hereford and Sir Francis Seymor Knight to sell Lands for the paiments of Debts and establishing other Lands 40. An Act for the Naturalizing of Sir Robert Anstrother Sir George Abercromy Knights and Iohn Cragge Doctor of Physick 41. An Act to confirm the Copiholders Estates of Stepney and Hackney according to a Decree in Chancery between the Lord of the Manor and the said Copiholders 42. An Act to confirm an assurance of Lands sold by Sir Thomas Beaumont Knight and his wife to Sir Thomas Cheek Knight 43. An Act to erect a Free-school and Alms-house and House of Correction in Lincolnshire 44. An Act to enable Martin Calthorp to sell Lands for preferment of younger Children and paiment of Debts 45. An Act for setling the Manor of Goodneston and other Lands of Sir Edward Ingram Knight 46. An Act to enable Dame Alice Dudley wife of Sir Robert Dudley Knight to assure the Manor of Killingworth and other Lands to Prince Charls 47. An Act to confirm an Exchange of Lands between Prince Charls and Sir Lewis Watson Knight and Baronet 48. An Act for the setling of the Lands of Anthony Vicount Montague for paiment of his Debts and raising of Portions 49. An Act to enable Sir Richard Lumley Knight to sell Lands for the paiment of his Debts and preferment of Children 50. An Act to confirm a Decree in Chancery made by the consent of the Lord of Painswick in Com. Glouc. and his Customary Tenants there 51. An Act for the Naturalization of Sir Francis Steward Knight Walter Steward James Maxwell William Car and Iames Levingston Esquires 52. An Act for the Naturalization of Iohn Young Doctor of Divinity 53. An Act for the Naturalizing of Iane Murrey Widow and William Murrey Esquire 54. An Act to make good a Conveyance of Little Munden made from Sir Peter Vanlore Knight and Sir Charls Caesar Knight unto Edmond Woodhall Esquire and his heirs 55. An Act to enable Vincent Low to sell Lands for paiment of his Debts 56. An Act to enable Toby Palyvicine to sell Lands for the paiment of Debts and preferment of Children 57. An Act for Naturalizing of Sir Robert Car Knight 58. An Act to confirm the Manor of New-Langport and Seavans and other Lands late being the Inheritance of Sir Henry James Knight in a Premunire convicted unto Martin Lumley Lord Mayor of London Alice Woodriff widow and Edward Cropley c. 59. An Act for Naturalizing of Sir Stephen Leisure 60. An Act for Naturalizing of Iames Marquis of Hamilton 61. An Act for Naturalizing of Sir William Anstrother Knight Doctor Balcanqual and Patrick Abercromy 62. An Act to confirm the Sale of Lands made by Sir Edward Heron Knight unto Bevel Moulsworth Esquire and to enable the said Sir Edward to sell other Lands for paiment of Debts and to settle other Lands upon Robert and Edward Heron. 63. An Act for the Naturalizing of Abigal Little and William Little her son 64. An Act for the etablishing of Lands upon Iohn Mohun Esquire son of Sir Rowland Mohun Knight and Baronet according to the Agreements made between them 65. An Act to enable Edward Alcoâ—k to fell the Manor of Rampton and other Lands 66. An Act to explain a Statute made Anno 13 Eliz. for assuring of Eighty two pounds ten shillings per annum to the Bishop of Coventry and Lichfield for ever out of Manors and Lands thereby assured to Edmund Fisher and his heirs 67. An Act for the establishing of Three Lectures in Divinity according to the Will of Thomas Wettenhall Esquire 68. An Act for the repairing of the River running to Colchester and paving of the Town there 69. An Act to enable Francis Clerk Knight to sell Lands for the paiment of Debts and raising of Portions 70. An Act for altering of Gavelkind-Lands being late the Lands of Thomas Potter Esquire Sir George Rivers Knight and Sir Iohn Rivers Baronet and to settle the Inheritance of them upon Sir Iohn Rivors and his heirs 71. An Act to make the Lands of Thomas Earl of Middlesex subject to the paiment of his Debts 72. An Act for the Sale of the Manor of Abbots-Hall late the Possessions of Sir Iames Pointz deceased that the Monies thereby raised may be distributed amongst his Creditors according to his Last Will. 73. An Act for the Naturalizing of Elizabeth Vere and Mary Vere the Daughters of Sir Horatio Vere Knight This Summer Four Regiments of Foot were raised for the service of the United Provinces to be imployed against the Emperor under the Command of four Noble Colonels the Earls of Oxford Essex and Southampton and the Lord Willougby The Town of Frankendal having been sequestred into the hands of the Archduchess Isabella Clara Eugenia Infanta of Spain for the term of Eighteen moneths and that time now growing to an end being to expire about the middle of October next The King commanded those Lords and others that were Commissioners in that Treaty between his Majesty and the Archduchess to assemble and deliberate what was fit to be done concerning the remanding receiving and ordering of that Town The Commissioners unanimously were of opinion That it was fit for his Majesty both in Honor and Interest to remand it and according to the Capitulation to place therein a Garrison of Fifteen hundred Foot and Two hundred Horse with sufficient Victuals for six moneths and a sufficient quantity of all Munition The Infanta having accorded in the Treaty to give them a passage through the King of Spain's Low-Countries The King approved and resolved to follow the Advice and gave Order to the Council of War to consider and discuss the manner of demanding the Town and the way and means of raising the men and conducting them thither and of maintaining and supplying the Garrison with Munition and all things necessary On the day that Frankendal was to be redelivered Spinola with his Forces marcheth out of the Town and finding none of the King of Great Britains Forces ready to enter it instantly re-enters and takes possession pulls down the King of England's Arms and sets up the King of Spain's Yet did the Noble Spaniard leave standing the Monument of two Brothers fighting and stout Enemies of theirs in opposition of whose valor the Spaniard had gained much honor but overcame them at last The Monument is standing in the Dutch Church in Frankendal upon a fair Tomb with this Inscription In beatissimam memoriam Dom. Generosi Gulielmi Fairfax Anglo-Britanni Honoratissimi Domini Thomae Fairfax de Denton in Com. Ebor. Equitis Aurati filii Cohortis Anglicani Ducis insignis Qui annis natus circiter XXVI post animi plurima edita
attended by all the Servants in Ordinary The day following the Privy-Counsellors to the late King with all the Lords Spiritual and Temporal then about London were in the Council Chamber at Whitehall by Eight of the Clock in the morning ready to go together and present themselves to his Majesty but there came in the mean a Commandment from the King by the Lord Conway and Sir Albertus Morton Principal Secretaries of State to the deceased King that the Lord Keeper of the Great-Seal should be sworn of his Majesties Privy-Council and that he should give the Oath to the Lord President by whom all the rest of the late Kings Council should be sworn Counsellors to his present Majesty The Lord Keeper of the great Seal the Lord President the Lord Arch-bishop of Canterbury the Lord Treasurer of England the Lord Privy-Seal the Duke of Buckingham Lord Admiral of England the Earl of Pembrook Lord Chamberlain the Earl of Montgomery the Earl of Kellye the Earl of Arundel Earl Marshal of England the Lord Viscount Grandison the Lord Conwey the Lord Brook Mr Treasurer Mr Comptroller the Master of the Wards Mr Secretary Morton Mr Chancellor of the Exchequer and the Master of the Rolls were this day sworn accordingly the Lord Keeper did take an Oath apart as Lord Keeper of the Great Seal the Lord Treasurer as Lord Treasurer of England the Lord President as Lord President of the Kings Privy-Council and the Lord Conwey and Sir Albertus Norton as principal Secretaries of State the Lords which were not of his Majesties Privy-Council repaired by themselves to St Iames's and presented themselves to the King and kissed his hand The Council sat immediately and advised of the most important and pressing matters to be offered to the King for his present service and resolved upon these particulars That a Commission be granted to authorize the Great-Seal Privy-Seal and Signet till new ones be prepared also Commissions for authorizng of Judges Justices of Peace Sheriffs and other such Officers for Government that there be a general Proclamation for continuation of Proceedings preservation of Peace and administration of Justice that Letters be prepared for the Ambassadors with foreign Princes to authorize their services to the King that special Messengers be sent unto foreign Princes that the like Proclamations to those of England be sent into Scotland that Commissions be renewed into Ireland to the Deputy and Officers there that the Mint for Coyning of money go on and all things be mannaged by the Officers as then they stood till the Kings pleasure be further known that a Parliament be summoned when the King shall appoint that the Kings pleasure be known concerning the time of his Fathers Funeral and where the Corps shall rest in the mean time as also the time of his Majesties Coronation This being done the whole Council attended the King at St Iames's where the Lord Keeper in the name of all the rest presented their humble thanks that it had pleased his Majesty to have affiance in those that had been Counsellors to his Father to receive them all to be of his Privy-Council the Lord President represented to the King the matters before mentioned which the King allowed and gave order that those of them which required speed should be put in execution and most of the powers he signed presently And first because by the death of the late King the Authorities and powers of the greatest number of Offices and places of Government did cease and fail by the failing of the Soveraign Person from whom the same were derived a Proclamation issued forth signifying his Majesties pleasure that all persons whatsoever who at the decease of the late King were invested in any Office or Place of Government Civil or Martial within the Realms of England and Ireland and namely Presidents Lieutenants Vice-Presidents Judges Justices Sheriffs Deputy Lieutenants Commissaries of Musters Justices of Peace shall continue in their several Offices till his Majesties pleasure were further known In another Proclamation of the same date the King took notice of his Fathers death and that he being his onely Son and undoubted Heir is invested and established in the Crown Imperial of this Realm and all other his Majesties Realms Dominions and Countries with all the Royalties Preeminencies Stiles Names Titles and Dignities to the same belonging and he declared That as he for his part shall by Gods grace shew himself a most benign and gracious Soveraign Lord to all his good Subjects in all their lawfull Suits and Causes so he mistrusteth not but that they on their parts will shew themselves unto him their natural Liege Lord most loving faithfull and obedient Subjects The Council resolved to move the King that his Fathers Funeral might be solemnized within five weeks and within a few dayes after the Ceremonial Nuptials in France and before the Parliament began in England These Resolves the Lord President represented unto the King who accepted of the advices and said he would follow them Moreover he summoned a Parliament to begin the seventeeth of May but by the advice of his Privy-Council Prorogued it to the one and thirtieth of May afterwards to the thirteenth of Iune and then to the eighteenth of the same moneth which Prorogations were occasioned by the Kings going to Dover to receive the Queen April 23. The Body and Herse of King Iames was brought from Theobalds to London being conducted by the Officers of the Guard of the Body all in Mourning every one having a Torch and attended by all the Lords of the Court and great numbers of other persons of quality and was placed in Denmark-House in the Hall of the deceased Queen Anne The seventh of May was the day of Burial the Body and Herse were taken from the said Hall of State and brought in great Pompe and Solemnity to Westminster where the Kings of England use to be interred The new King to shew his Piety towards his deceased Father was content to dispense with Majesty he followed in the Rear having at his right hand the Earl of Arundel at his left the Earl of Pembrook both Knights of the Garter his Train was born up by twelve Peers of the Realm So King Iames who lived in Peace and assumed the title of Peace-maker was peaceably laid in his Grave in the Abby at Westminster King Charles in his Fathers life time was linked to the Duke of Buckingham and now continued to receive him into an admired intimacy and dearness making him Partaker of all his Counsels and Cares and Chief Conductor of his Affairs an Example rare in this Nation to be the Favorite of two succeding Princes The Publick State of Religion and the steering of Church-matters had an early inspection and consultation in the Cabinet Council Bishop Laud who in King Iame's life time had delivered to the Duke a little book about Doctrinal Puritanism now also delivered to the Duke a
sorts of persons might partake of the Publick Joy Prisoners for Debts were set at liberty and Pardon was granted to several Criminals as an earnest of the Kings respect and love to his Sister after this new Alliance The Duke of Buckingham was sent into France to his Christian Majesty to send away the Wife to the King of Great Britain and to be her Convoy He arrived at Paris the 24. of May with the Earl of Montgomery and other English Lords and was lodged in the Palace of the Duke of Chevereux who with his Lady was to conduct the Queen into England there to render her to the King her Husband During the seven days stay which the Duke made at Park the Feastings and Rejoicings were renewed and multiplied Bonfires shining and Canons playing but none did equalize the Feast that was made by the Cardinal of Richelieu The Second of Iune was the time appointed for our Queens departure The King of France sent to the Towns in her way to render her Majesty all due honors as if it were to himself The King of England having notice that the Queen was gone from Amiens sent a Royal Navy to Boloign to transport her the Fleet saluted the Town with a hundred peece of Canon Among other great Ladies the Duchess of Buckingham was sent to kiss the Queens hands as from the King her Husband desiring her to take her own time of coming over with most conveniencie to her own person The 22. of Iune New Stile the Queen imbarqued at Boloign and within Twenty four hours arrived at Dover And as the King was preparing to receive her she sent to his Majesty to desire him not to come till the morrow because she had been somewhat indisposed at Sea She passed that night at Dover and the next day about Ten of the clock the King was there with the Flower of the Nobility and after some Complements past caused every-body to retire and they were half an hour together in the Closet Thence his Majesty conducted the Queen to Canterbury and the same evening the Marriage was there consummated Then the Queen in testimony of her respect and love to the King her Husband made it her first suit as afterwards the King made known That he would not be angry with her for her faults of Ignorance before he had first instructed her to eschew them For that she being young and coming into a strange Country both by her years and ignorance of the Customs of the Nation might commit many Errors And she desired him in such cases to use no Third person but by himself to inform her when he found she did ought amiss The King granted her request and thanked her for it desiring her to use him even as she had desired him to use her which she willingly promised The Knights and Gentlemen of Kent together with the Trained Bands were by Order of the Council commanded to attend and receive the Queen at the most convenient places as she passed in such solemn manner and equipage as beseemed the dignity of his Majesty and the quality of her person Likewise the Magistrates of the Cities and Towns were commanded to attend at her passage in such Formalities as are used in principal and extraordinary Solemnities On the Sixteenth of Iune the King and Queen came both to London Great preparations were made and intended for her Majesties reception but the Plague then increasing those Ceremonies were laid aside A Chappel at Somerset-house was built for the Queen and her Family with Conveniencies thereunto adjoining for Capuchin-Friers who were therein placed and had permission to walk abroad in their Religious habits Thence-forward greater multitudes of Seminary-Priests and Iesuites repaired into England out of Forein parts This Summer the Pestilence raged in London At the entrance of the late King there was a great Plague in the City but this was far greater and the greatest that ever was known in the Nation For which cause a great part of Trinity-Term was adjourned from the First Return to the Fourth by the advice of the Privy-Council and the Justices of the Courts at Westminster and some few days in the beginning and ending thereof were holden for the better expediting and continuing of Causes and Suits and the returning and suing out of Processes and such like business as might be done in the absence of the Parties by their Attornies On the Eighteenth day of Iune the Parliament began at Westminster The King being placed in his Royal Throne the Lords sitting in their Robes the Commons also being present his Majesty spake thus I Thank God that the Business to be treated on at this time is of such a nature that it needs no Eloquence to set it forth For I am neither able to do it neither doth it stand with my Nature to spend much time in words It is no new business being already happily begun by my Father of blessed memory who is with God therefore it needeth no Narrative I hope in God you will go on to maintain it as freely as you advised my Father to it It is true He may seem to some to have been slack to begin so just and so glorious a work but it was his wisdom that made him loth to begin a work until he might find a means to maintain it But after that he saw how much he was abused in the confidence he had with other States and was confirmed by your Advice to run the Course we are in with your Engagement to maintain it I need not press to prove how willingly he took your Advice for the Preparations that are made are better able to declare it then I to speak it The assistance of those in Germany the Fleet that is ready for action with the rest of the Preparations which I have only followed my Father in do sufficiently prove that he entred into this Action My Lords and Gentlemen I hope that you do remember that you were pleased to imploy me to advise my Father to break off those two Treaties that were on foot so that I cannot say that I came hither a free unengaged man It 's true I came into this business willingly and freely like a Young man and consequently rashly but it was by your interest your engagement So that though it were done like a Young man yet I cannot repent me of it and I think none can blame me for it knowing the love and fidelity you have borne to your King having my self likewise some little experience of your affections I pray you remember that this being my first Action and begun by your Advice and intreaty what a great Dishonor it were to you and me if this Action so begun should fail for that Assistance you are able to give me Yet knowing the constancie of your love both to me and this Business I needed not to have said this but only to shew what care and sense I have
require of you by these Presents is Which we do promise in the name of Us our Heirs and Successors to repay to you or your Assigns within Eighteen moneths after the paiment thereof unto the Collector The person whom we have appointed to collect it is To whose hands we do require you to send it within Twelve days after you have received this Privy-Seal which together with the Collectors Acquittance shall be sufficient Warrant unto the Officers of our Receipt for the repaiment thereof at the time limited Given at c. The Collectors of this Loan were appointed to pay into the Exchequer the Sums received and to return the Names of such as discovered a disposition to delay or excuse the paiment of the Sums imposed Amidst the preparations for War with Spain the Privy-Council issued out Warrants for the disarming of Popish Recusants grounding their Order upon the Petition of the late Parliament HIs Majesty and we of his Council having received information from so many several parts of the bold and impudent spéeches used by many Romish Catholicks of this Realm declaring how much they are offended with the gracious satisfaction given by his Majesty to the Lords and Commons in Parliament in the points concerning the Conservation of true Religion as it is at this day by Authority preached in the Church of England And having just cause to doubt that many violent Papists through the instigation of Iesuited Priests may be inclined to take part with such as we well understand at this time practise with the Kings Subjects to raise stirs and tumults which they do not only foment by perswasions and instigations but with promise of assistance and seconding them with Arms their pretext being Religion but their ends Conquest pushed thereunto by an unlimited Ambition to a General Monarchy of which we have too large and clear proof And although we do not misjudge and condemn all his Majesties Subjects Romish Catholicks but believe that many of them will imploy their Arms and lives in his service Yet because we are not able to distinguish betwéen the well and worse-affected We have seconded with one Advice his Majesties Princely inclination following the example of his wiâ—e Predecessors of happy memory and government to take out of the possession of all Romish Recusants convicted or justly suspected according to the Acts of State heretofore expressed all such Martial Ammunitions Arms and Weapons as shall be found in their houses or discovered to be in the houses of any other persons belonging by right to any of the said Romish Recusants But so that the said Arms be only taken to be safely kept and the Property to be reserved to the Owners according to the former Presidents in like Cases This Design proceeded and the Council directed their Letters to these Lords Recusants viz. The Marquis of Winchester and the Lord St. John his son Lord Viscount Mountague Lord Viscount Colchester Lord Peter the Earl of Castlehaven Lord Morley Lord Vaux Lord Eures Lord Arundel of Warder Lord Tenham Lord Herbert Lord Windsor requiring them to render their Arms and Furniture thereunto belonging together with all their Habiliments of War to be removed into places convenient and to remain there till the King shall determine otherwise Moreover the Privy-Council having received information from the Lords-Lieutenants in divers parts of the Kingdom That there was great and unaccustomed Resort to the houses of Papists and that other Courses justly to be suspected were held among them Authorised the Lords-Lieutenants to examine the truth and reason of such Assemblies and Entertainment and of the conveyance and intercourse of Letters as also to enquire and search if there were any preparation of Men or Arms or Practice of Arms or endeavors of Alteration among persons discontented with the present Government In the mean time the Fleet was ready and Ten brave Regiments were designed for this Expedition The Duke not going in person Sir Edward Cecil was created Lord Viscount Wimbleton and made Commander in Chief In the Choice of the Officers for this service Sir Robert Mansel an experienced Sea-Commander was neglected which much disgusted the Mariners The Common Censure that passed both upon the Duke and this Enterprise may be known by the Lord Cromwels free language to the Duke in this Letter THey offer to lay wagers the Fleet goes not this year And that of necessity shortly a Parliament must be which when it comes sure it will much discontent you It is wondred at that since the King did give such great Gifts to the Duchess of Chevereux and those that then went how now a small Sum in the Parliament should be called for at such an unseasonable time And let the Parliament sit when it will begin they will where they ended They say the Lords of the Council knew nothing of Count Mansfield's Iourney or this Fleet which discontents even the best sort if not all They say it is a very great burden your Grace takes upon you since none knows any thing but you It is conceived that not letting others bear part of the burden you now bear it may ruine you which Heaven forbid Much discourse there is of your Lordship here and there as I passed home and back And nothing is more wondred at then that one Grave man is not known to have your ear except my good and Noble Lord Conway All men say if you go not with the Fleet you will suffer in it because if it prosper it will be thought no act of yours and if it succeed ill they say it might have been better had not you guided the King They say your undertakings in the Kingdom will much prejudice your Grace And if God bless you not with goodness as to accept kindly what in duty and love I here offer questionless my freedom in letting you know the discourse of the world may much prejudice me But if I must lose your favor I had rather lose it for striving to do you good in letting you know the talk of the wicked world then for any thing else so much I heartily desire your prosperity and to see you trample the ignorant multitude under foot All I have said is the Discourse of the World and when I am able to judge of Actions I will freely tell your Lordship my mind Which when it shall not always incline to serve you may all Noble thoughts forsake me But whilst the English Fleet was preparing for this Voyage great Reports were given out that the Spaniard would land Forces upon the Coast of Essex Wherefore the Earl of Warwick was commanded with Three thousand of the Trained Bands of Essex to secure the Port of Harwich and Langer-Point which service he performed with much readiness But upon the Blocking up of Dunkirk with Ships belonging to the English and to the States of the United Provinces his Lordship was ordered to dismiss his men Presently after Advertisements came to
Lordships according to the unanimous Advice of all the Iudges of England and his Majesties pleasure signified therein That the First Article propounded viz. You shall do all your pain and diligence to destroy and make to cease all manner of Heresies and Errors commonly called Lollaries within in your Bayliwick from time to time to all your power and assist and be helping to all Ordinaries and Commissioners of the Holy Church and favor and maintain them as oftentimes as you shall be required shall be left out in the Oath to be given to Sir Edward Cook and shall ever hereafter be left out in all Oaths to be given to the High Sheriffs of Counties hereafter And their Lordships do likewise Order according to the unanimous Advice of all the Iudges of England That the other thrée Articles doubted of shall stand in the said Oath to be ministred to the said Sir Edward Cook and to all other High Sheriffs as heretofore hath béen accustomed and that the Lord Keeper do give order to such Officers and Clerks in the Court of Chancery to whom it appertained to make out the Oath for the time to come according to present Order The expectation of a Parliament gave encouragement to the Bishop of Lincoln who yet retained the name of Lord Keeper notwithstanding his Sequestration several moneths before from the presence of the King the Council Table and the custody of the Seal to make an Address to his Majesty for a favorable interpretation of his actions But his carriage towards the Duke at the Parliament at Oxford was fresh in memory where the Bishop told the Duke in Christ-Church upon the Dukes rebuking him for siding against him That he was engaged with William Earl of Pembroke to labor the Redress of the Peoples Grievances and was resolved to stand upon his own Legs If that be your resolution said the Duke Look you stand fast and so they parted and shortly after that he was sequestred though the Seal was not disposed from him till the Thirtieth of October at which time it was given to Sir Thomas Coventry at Hampton-Court who was that day sworn of the Privy Council and sate there and sealed some Writs and afterwards came to the Term at Reading and sate there as Lord Keeper and heard Causes The King being pressed with his own Necessities and the Cry of the Nation against the Fruitless Voyage of Cadiz summoned a Parliament to meet in February and before the time of meeting his Majesty enjoyned the Archbishops and Bishops in both Provinces to proceed against Popish Recusants by Excommunication and other Censures of the Church and not to omit any lawful means of bringing them to Publick Justice especially he recommended to their vigilant care the unmasking and repressing of those who were not professed Papists yet disaffected to the true Religion and kept close their evil and dangerous affection and by secret means and slights did encourage and advance the growth of Popery This Command was seconded by a Proclamation requiring That all Convicted Papists should according to the Laws of this Realm remain confined to their dwelling places or within five miles thereof unless upon special Licences first obtained in Cases necessary Immediately before the Parliament Bishop Laud procured the Duke of Buckingham to sound the King concerning the Cause Books and Tenets of Mr. Richard Montague and understanding by what the Duke collected That the King had determined within himself to leave him to a Tryal in Parliament he said I seem to see a Cloud arising and threatning the Church of England God for his Mercy dissipate it About the same time the King declared his purpose to celebrate the Solemnity of his Coronation on Candlemas-day at the Palace of Westminster and required all persons who by reason of their Offices and Tenures were bound to perform any Duties at the Solemnitie to give their attendance and to be furnished in all respects answerable to an action of so high State according to their places and dignities Wherefore by a Commission under the Great Seal of England Sir Thomas Coventry Lord Keeper of the Great Seal Iames Lord Say High Treasurer of England Edward Earl of Worcester Keeper of the Privy Seal Thomas Earl of Arundel and Surrey Earl Marshal of England William Earl of Pembroke Lord High Chamberlain Edward Earl of Dorset and Sir Randol Crew Cheif Justice of the Common Pleas were authorised to receive and determine the Claims exhibited by any Person concerning Services to be performed at the approaching Coronation And the more to credit the Solemnity the King resolving to make certain of his Servants and other Subjects in regard of their Birth good Service and other Qualities Knights of the Bath Authorised Thomas Earl of Arundel and Surrey and Earl Marshal of England William Earl of Pembroke Lord Chamberlain to perform in his Majesties Name and behalf all the Rites and Ceremonies belonging thereto At the same time Writs were directed to all Sheriffs in the Realm of England and Dominions of Wales commanding them to make Proclamation That all such as had Forty pounds a year or more of Lands or Revenues in their own hands or the hands of Feoffees for their use for the space of Three years and are not yet Knights do at their perils prepare to present themselves in his Majesties Presence by the One and thirtieth of Ianuary to receive the Order of Knighthood Upon the asswaging of the great Pestilence through the Mercy and Goodness of God in withdrawing and almost removing the Scourge the King by His Royal Authority ordained a Publick and General Thanksgiving to be celebrated upon the Nine and twentieth of Ianuary being the Lords day in the Cities of London and Westminster and the places adjacent and on the Nineteenth of February in all other places of the Kingdom the manner and form whereof was prescribed by a Book composed by the Bishops according to his Majesties special Direction The Contagion ceasing the restraint enjoyned to the Citizens of London from resorting to Fairs for a time was taken off The number of those that died this year within and without the Walls of the City of London and in the Liberties and Nine out Parishes from the Sixteenth of December 24. to the Fifteenth of December 25. Was in Total Fifty four thousand two hundred sixty and five whereof of the Plague Thirty five thousand four hundred and seventeen On Candlemas-day King Charls was Crowned Bishop Laud had the cheif hand in compiling the Form of the Coronation and had the honor to perform this Solemnity instead of the late Lord Keeper Williams who through the Kings disfavor was sequestred from this Service which belonged to his place as he was Dean of Westminster Mr. Iohn Cosens as Master of the Ecclesiastical Ceremonies kneeled behinde the Bishop when the Prayers were read and directed the Quire when to answer The Ceremony in going to and all the
Coronation was briefly thus THe King went that day from Westminster-Hall to the Abbey Church attended by the Aldermen of London Eighty Knights of the Bath in their Robes the Kings Serjeants at Law Solicitor and Attorney Generals the Judges Barons Bishops Viscounts and such of the Earls who bore no particular Office that day in their Parliament Robes going two by two before the King all uncovered and after them followed his Officers of State being Eight Earls and one Marquess those persons according to their respective places and offices carried the Swords the Globe the Scepter the Crown and the Lord Major of London carried the short Scepter two Bishops carried the one the Golden Cup and the other the Plate for the Communion Next before his Majesty went the Earl of Arundel as Earl-Marshal of England and the Duke of Buckingham as Lord High-Constable of England for that day The King being cloathed in White Sattin went under a rich Canopy supported by the Barons of the Cinque Ports the King having on each hand a Bishop and his Train of Purple-Velvet was carried up by the Master of the Robes and the Master of the Wardrobe At the entring into the Church Bishop Laud delivered into the Kings hands the Staff of King Edward the Confessor with which the King walked up to the Throne then the Archbishop of Canterbury presented his Majesty to the Lords and Commons there present East West North and South who gave their consent to his Coronation as their lawful Soveraign After Sermon was done the King went to the Altar where the Old Crucifix amongst other Regalia stood as also the Ointment consecrated by a Bishop to take the Coronation Oath which as is said was performed in this manner viz. SIS says the Archbishop will You grant and kéep and by Your Oath confirm to the People of England the Laws and Customs to them granted by the Kings of England Your Lawful and Religious Predecessors and namely the Laws Customs and Franchises granted to the Clergy by the glorious King St. Edward Your Predecessor according to the laws of God the true Profession of the Gospel established in this Kingdom agréeable to the Prerogative of the Kings thereof and the Antient Customs of the Realm I grant and Promise to keep them Sir will You kéep Peace and Godly Agréement according to Your Power both to God the Holy Church the Clergy and the People I will keep it Sir will You to Your Power cause Law Justice and Discretion to Mercy and Truth to be executed to Your Judgment I will Sir will You grant to hold and kéep the Laws and Rightful Customs which the Communalty of this Your Kingdom have and will You defend and uphold them to the honor of God so much as in you lyeth I grant and promise so to do Then one of the Bishops read this Passage to the King Our Lord and King we beseech You to Pardon and to Grant and to Preserve unto us and to the Churches committed to Your Charge all Canonical Priviledges and do Law and Iustice and that You would Protect and Defend us as every good King to His Kingdoms ought to be Protector and Defender of the Bishops and the Churches under their Government The King answereth With a willing and devout Heart I promise and grant my Pardon and that I will preserve and maintain to you and the Churches committed to your Charge all Canonical Priviledges and due Law and Justice and that I will be your Protector and Defender to my Power by the assistance of God as every good King in his Kingdom in right ought to protect and defend the Bishops and Churches under their Government Then the King arose and was lead to the Communion Table where he takes a Solemn Oath in sight of all the People to observe all the Premisses and laying his hand upon the Bible said The things which I have here promised I shall perform and keep So help me God and the Contents of this Book After the Oath the King was placed in the Chair of Coronation and was Anointed by the Archbishop with a costly Ointment and the Antient Robes of King Edward the Confessor was put upon him and the Crown of King Edward was put upon his Head and his Sword girt about him and he offered the same and two Swords more together with Gold and Silver at the Communion Table He was afterwards conducted by the Nobility to the Throne where this Passage was read to his Majesty Stand and hold fast from henceforth the place to which You have been Heir by the Succession of Your Forefathers being now delivered to You by the Authority of Almighty God and by the hands of us and all the Bishops and Servants of God And as You see the Clergy to come nearer to the Altar then others so remember that in all places convenient You give them greater honor that the Mediator of God and Man may establish You in the Kingly Throne to be a Mediator betwixt the Clergy and the Laity and that You may Raign for ever with Iesus Christ the King of Kings and Lord of Lords Afterwards the Nobility were swâ—rn to be Homagers to the King and some other Ceremonies were performed which being done the Lord Keeper by the Kings command read a writing unto them which declared the Kings free Pardon to all his Subjects who would take the same under the Great Seal The Ceremonies of the Coronation being ended the Regalia were offered at the Altar by Bishop Laud in the Kings Name and then reposited The Bishop of Lincoln faln into disgrace by the displeasure of the Duke of Buckingham had not received his Writ of Summons which he represented to the King with Submission to his Majesties pleasure denied as he said to no Prisoners or condemned Peers in his Fathers Reign to enable him to make his Proxy if his Personal attendance be not permitted Likewise he besought his Majesty That he would be pleased to mitigate the Dukes causless anger towards him who was so little satisfied with any thing he could do or suffer that he had no means left to appease him but his Prayers to God and his Sacred Majesty Also that in his absence in this Parliament no use might be made of his Majesties Sacred Name to wound the Reputation of a poor Bishop who besides his Religion and Duty to that Divine Character which his Majesty beareth hath affectionately honored his very person above all Objects in this World as he desired the Salvation of the World to come And he craveth no Protection against any other Accuser or Accusation whatsoever On Monday the Sixth of February began the Second Parliament of the Kings Reign The King being placed in his Royal Throne the Lords in their Robes and the Commons below the Bar it pleased his Majesty to refer them to the Lord Keeper for what he had to say The Lord Keepers Speech My Lords ANd you the Knights
thereupon their Lordships will be pleased to take care that the Grand-Iury men either by Evidence or their own Knowledge indict them which are not already indicted before the end of the Assises and that their Lordships admit no Traverse unless the Persons convicted have first yeilded their bodies into the custody of the Sheriff as their Lordships know well all the Iudges with one voice resolved the Law to be 3 That there be special care taken of Schoolmasters and Teachers of any kinde who are Popish that they be presented and proceeded against 4. That their Lordships give knowledge to the Counties where they sit that the married Women who are Popish Recusants convicted by the Law ought to be committed to the Common-Goal without Bail unless their husbands redeem their liberty by the constant payment of 10 l. a moneth and that it must be executed Your Lordships ready to be commanded ROB. HEATH Inner-Temple Mar. 7. 1625. The Commons proceeded in the Examination of Grievances and had a Report made unto them That the reason wherefore our Merchants Ships and Goods were seised in France was by reason of Sir Iames Bagg Vice-Admiral for Cornwal and other mens dealings towards the French in seising upon their goods in several Ports in England and particularly the seising of the Ship called the Peter of New-haven and brought into Plymouth by order from the Lord Duke after the King and Council had ordered this Ship to be restored upon a just Claim and that the Court of Admiralty had also released her That till this action the French did not begin to seise any English Goods or Ships That twenty and three bags of silver and eight bags of gold were by Sir Francis Steward delivered to the Lord Duke the Duke having notice hereof said he would justifie the stay of the Ship by order from the King The Council of War appointed to manage the business for the relief of the Palatinate were called into the House of Commons and this Question was propounded unto them Whether their Advice was followed which they gave for the four Ends mentioned in the Act of Parliament 21 Iacobi for which the moneys given by that Act were to issue Lord Carey Earl of Totnes and Lord Brook desired to be excused from answering the Lord Vere said He had been much absent in the Low-Countries and could say little the Lord Grandison said that since Iuly last they had seldom met Sir Robert Mansel and Sir Iohn Oyle desired a Copy of the Question and that they might all confer together before they gave Answer to a Question of this Concernment Afterwards the same persons except the Lord Vere were called in again who gave unsatisfactory answers when they were pressed to deal clearly and fully in the business It was answered by some of them That they conceived by the Act of Parliament they were bound to make no other Answer then what they had done Others desired before they answered that they might have the Kings consent first That obtained and a special Order of the House requiring an Answer Sir Robert Mansel declared his readiness to give a cleer and full Account While matters were thus debated Mr Secretary Cook delivered a Message from the King to the Commons declaring his Majesties occasion for Supply This Message was strengthened by a Conference which the Lords desired with the Commons where William Earl of Pembrook represented the Affairs of Christendom how they stood before the breach of the Treaties with Spain and how at that present shewing That the condition of the Palatinate was nothing bettered That Count Mansfiels Army was raised for the diversion of the League Catholick in Germany That the King of Denmark had thereupon engaged himself to stand or fall in this Quarrel in case of Supplies That the Swedes were forward and lastly That his Majesty had made a strict Alliance with the Hollander upon these terms That they shall bear a fourth part of the expence of our Navy and onely have a fourth part of the spoils the Lands and Cities conquered to be the Kings The fruits of all rich advantages will be lost if a speedy Assistance be not resolved on The Commons not thinking fit to take into consideration the matter of Supply at present call for a Report from the Committee appointed to consider of the Causes and Remedies of Evils which being made by Mr Wandesford it was resolved That the Diminution of the Kingdom in strength and honor is a general Evil which we suffer under a second the increase and countenancing of Papists a third the not guarding of the narrow Seas a fourth Plurality of Offices in one hand a fifth sales of Honors and places of Judicature a sixth delivery up of Ships to the French a Seventh misimployment of three Subsidies and three fifteens c. And they further ordered That the Duke whom these Misdemenors especially reflected on have notice that the Commons House intend suddenly to resume the debate of these things and Mr Clement Cook said openly That it were better to die by an Enemy then to suffer at home The Lords at that time more readily complying with the Kings desires appointed a Committee to consider of the safety and defence of the Kingdom in general and particularly of the safeguard of the Seas the store of Ammunition and Arms and all things incident thereunto and of strengthening the Forts for this the King gave them thanks and desired them to proceed with alacrity The Committee of Lords made haste and reported their advice to the House That one Fleet be presently set to Sea against the King of Spain to annoy him and to prevent the Invasion of this Kingdom That another be set out to defend our own Coasts and the Merchants from Pirats and that consideration be had of maintaining the Armies under the King of Denmark and Count Mansfield but the House would give no opinion thereupon till they had Conference with the House of Commons which was desired upon this occasion To which Message the Commons onely returned this Answer That they desire to have a good correspondency with their Lordships and will be ever carefull of the safety and defence of the Kingdom and maintain their own priviledges as is fitting and immediately proceed with the debate concerning the Duke which was a little interrupted as well by a Letter of the Kings to the Speaker as by a Message delivered by Sir Richard Weston touching Supply King Charles to the Speaker Trusty and Welbeloved c. HAving assembled the Parliament early in the beginning of the year for the more timely help and advice of our People in our great and important Affairs and having of late not onely by Message but also of our self put our House of Commons in minde of our pressing occasions and of the present Estate of Christendom wherein they have equal interest with us as well in respect of their own former engagements
not but to give you an honest accompt of all my Actions herein And if I shall first to my grave I desire if you find me cleer the reputation of an Honest man and an English-man may attend me thereunto Thus I rest Your dutiful and humble Servant SAMUEL TURNER To the Honorable Sir Henage Finch Speaker of the House of Commons The Monday following Sir W. Walter if the Name be not miswritten in our Collections represented to the House That the Cause of all the Grievances was for that according as it was said of Lewis the Eleventh King of France All the Kings Council rides upon one horse And therefore the Parliament was to advise his Majesty as Iethro did Moses to take unto him Assistants with these qualities 1. Noble from among all the People not Upstarts and of a Nights growth 2. Men of Courage such as will execute their own Places and not commit them to base and undeserving Deputies 3. Fearing God who halt not betwixt two opinions or incline to False worship in respect of a Mother Wife or Father 4. Dealing truly for Courtship Flattery and Pretence become not Kings Councellors but they must be such as the King and Kingdom may trust 5. Hating Covetousness No Bribers nor Sellers of Places in Church or Commonwealth much less Honors and Places about the King and least of all such as live upon other mens ruines 6. They should be many set over Thousands Hundreds Fifties and Tens one Man not ingrossing all Where there is abundance of Counsel there is Peace and Safety 7. They must judge of small matters the greater must go to the King himself not all to the Council much less any one Counsellor must alone manage the whole weight but Royal actions must be done only by the King 8. Lastly Moses chose them Elders not Young men Solomon by miracle and revelation was wise being young but neither his Son nor his young Counsellors had that priviledge No more is it expected in any of our Counsellors until by age and experience they have attained it Sir Iohn Elliot continued the Debate and thus spake WE have had says he a representation of great fear but I hope that shall not darken our understandings There are but two things considerable in this business First the Occasion of our Meeting and secondly the present State of our own Country The first of these we all know and it hath at large been made known unto us and therefore needeth no dispute The latter of these we ought to make known and draw and shew it as in a Perspective in this House For our wills and affections were never more clear more ready as to his Majesty but perhaps bauk'd and check'd in our forwardness by those the King intrusts with the affairs of the Kingdom The last Action was the Kings first Action and the first Actions and Designs of Kings are of great observance in the eye of the World for therein much dependeth the esteem or disesteem of their future proceedings And in this Action the King and Kingdom have suffered much dishonor We are weakned in our strength and safety and many of our men and ships are lost This great Design was fixed on the person of the Lord General who had the whole Command both by Sea and Land And can this great General think it sufficient to put in his Deputy and stay at home Count Mansfield's Actions were so miserable and the going out of those men so ill managed as we are scarce able to say they went out That handful of men sent to the Palatinate and not seconded what a loss was it to all Germany We know well who had then the Kings ear I could speak of the Action of Algier but I will not look so far backward Are not Honors now sold and made despicable Are not Judicial Places sold and do not they then sell Justice again Vendere jure potest emerat ille prius Tully in an Oration against Verres notes That the Nations were Suitors to the Senate of Rome that the Law De pecuniis repetundis might be recalled Which seems strange that those that were Suitors for the Law should seek again to repeal it but the reason was it was perverted to their ill So it is now with us besides inferior and subordinate persons that must have Gratuities they must now feed their great Patrons I shall to our present Case cite two Presidents The first is 16 H. 3. The Treasure was then much exhausted many Disorders complained on the King wronged by some Ministers many Subsidies were then demanded in Parliament but they were denied And then the Lords and Commons joined to desire the King to reassume the Lands which were improvidently granted and to examine his great Officers and the Causes of those Evils which the People then suffered This was yielded unto by the King and Hugo de Burgo was found faulty and was displaced and then the Commons in the same Parliament gave Supply The second President was in the Tenth year of Richard the Second Then the Times were such and Places so changeable that any great Officer could hardly sit to be warmed in his Place Then also Monies had been formerly given and Supply was at that Parliament required but the Commons denied Supply and complained that their Monies were misimployed That the Earl of Suffolk then overruled all and so their Answer was They could not give And they petitioned the King that a Commission might be granted and that the Earl of Suffolk might be examined A Commission at their request was awarded and that Commission recites all the Evil then complained of and that the King upon the Petition of the Lords and Commons had granted that Examination should be taken of the Crown-Lands which were sold of the Ordering of his Houshold and the Disposition of the Jewels of his Grandfather and Father I hear nothing said in this House of our Jewels nor will I speak of them but I could wish they were within these walls We are now in the same case with those former Times we suffer alike or worse And therefore unless we seek redress of these great Evils we shall find disability in the wills of the People to grant I wish therefore that we may hold a dutiful pursuance in preparing and presenting our Grievances For the Three Subsidies and Three Fifteens which are proposed I hold the proportion will not suit with what we would give but yet I know it is all we are able to do or can give and yet this is not to be the stint of our affections but to come again to give more upon just occasions In the heat of these Agitations the Commons notwithstanding remembred the Kings Necessities and took the matter of Supply into consideration and Voted Three Subsidies and Three Fifteens to be paid the last day of Iune and the last of October next following and that the Act be brought in as soon as Grievances are
Peace as they doubted he would not be brought to enter into War But Count Mansfield procured the King of France to Contract to receive our Troops with promise to enter into the War upon condition it might be regulated by the Council of the French King and England This favor to Count Mansfield That France agreed that his Armies should joyn with the Kings Troops wrought the Princes of Germany to believe that the King would enter into a War Thereupon the Imperialists left their Dyet and sent Tilly to Friezland and to take up the River of Embden which if he had obtained they would have trampled the Low-Countreys under foot and would have become Governors of the Sea Upon this the King of Denmark sent to our King and offered to raise an Army of Thirty thousand men if our King would allow Thirty thousand pounds a Moneth and said He would admit no time of respite for if Tilly had not been presently met and headed all had been lost Whereupon our King called a Counsel and appointed Commissioners and from that time all the Warrants for the issuing of the Moneys were all under the Kings own hand to the Council of War and from them to the Treasurers and the Warrants were from the Lords of the Council for the Levying of Men and for Coats and Conduct-Money A List whereof is hereunder specified Thereupon the Duke asked the Question Whether any thing was done by single Council To which the Lord Conway answered No. For the Treaty of Denmark Project of Count Mansfield Treaties with France and the business of the Navy were done all by the King himself and who can say it was done by single Council when King Iames commanded it whose Council every man ought to reverence especially in matters of War whereunto that King was not hasty The Total of Moneys paid by Warrants of the Treasurers of the Subsidy Money IN Toto for the Four Regiments of the Low-Countries from the Thirtieth of Iune 1624. till the One and twentieth of Iuly 1624. 99878 l. 00 s. 06 d. For the Navy from the Thirteenth of Iuly 1624. till the Three and twentieth of December 37530 l. 08 s. 04 d. For the Office of the Ordinance and Forts in England from the Twentieth of Iuly 1624. till the Fifteenth of Iune 1625. 47126 l. 05 s. 05 d. To defray Charges for Forts in Ireland about October 1624. 32295 l. 18 s. 04 d. For the Service under Count Mansfield for Provisions of Arms transporting of Soldiers from the Fourth of October 1624. till the Tenth of December 1624. 61666 l. 13 s. 04 d. Sum Total 278497 l. 04 s. 11 d. MEmorandum That over and above the several Services before specified and the several Sums issued and to be issued by our Warrants for the same We did long since resolve and order accordingly that out of the Moneys of the Second and third Subsidies these further Services should be performed and Moneys issued accordingly viz. In full of the Supply of all the Forts and Castles before-mentioned Surveyed per Sir Richard Morison Sir Iohn Ogle Sir Iohn Kay in September 1613. with all sorts of Munitions according to several Proportions and Warrants for the same 4973 l. In full for the Reparations of all the said Forts and Castles according to the said Survey 10650 l. 06s 08 d. But the said Subsidies being not like to afford means to perform these so necessary Works We humbly commend the supply of what shall be wanting for the same unto your Majesties Princely consideration Whilest the Commons were inquiring into Publick Grievances the Lords represented to the King a Grievance to their own Order in this following Petition To the Kings most Excellent Majesty The Petition of your ever Loyal Subjects the Lords Spiritual and Temporal now in Parliament Assembled In all humility sheweth THat whereas the Péers and Nobility of this Your Kingdom of England have heretofore in Civility yeilded as to strangers Precedency according to their several degrées unto such Nobles of Scotland and Ireland as being in Titles above them have resorted hither Now divers of the natural born Subjects of those Kingdoms resident here with their Families and having their cheif Estates among us do by reason of some late created Dignities in those Kingdoms of Scotland and Ireland claim Precedency of the Péers of this Realm which tends both to the disservice of Your Majesty and these Realms and to the great disparagement of the English Nobility as by these Reasons may appear I. It is a novelty without president that men should inherit Honors where they possess nothing else II. It is injurious to those Countreys from whence their Titles are derived that they should have a Uote in Parliament where they have not a foot of Land III. It is a grievance to the Country where they inhabite that men possessing very large Fortunes and Estates should by reason of Foreign Titles be exempted from those Services of Trust and Charge which through their default become greater pressures upon others who bear the burthen IV. It is a shame to Nobility that Persons dignified with the Titles of Barons Viscounts c. should be obnoxious and exposed to arrest they being in the view of the Law no more then méer Plebeians We therefore humbly beséech your Majesty That you will be pleased according to the examples of the best Princes and times upon consideration of these inconveniencis represented to Your Majesty by the nearest Body of Honor to Your Majesty that some course may be taken and an order timely setled therein by Your Princely Wisdom so as the inconvenience to Your Majesty may be prevented and the prejudice and disparagement of the Péers and Nobility of this Kingdom be redressed To this Petition the King gave Answer That he would take order therein The Earl of Bristol who continued under Restraint and was debarred Access to his Majesty ever since his return out of Spain had been examined touching his Negotiation there by a Committee of Lords appointed by the King Certain Propositions were tendred unto him in order to his Release and composing of that Affair concerning which he had written to the Lord Conway and about this time received the ensuing Letter from him The Lord Conway to the Earl of Bristol My Lord I Received a Letter from your Lordship dated the Fourth of this Moneth written in Answer to a former Letter which I directed to your Lordship by his Majesties Commandment This last Letter according to my duty I have shewed unto his Majesty who hath perused it and hath commanded me to write back to you again That he findes himself nothing satisfied therewith The Question propounded to your Lordship from his Majesty was plain and clear Whether you did rather chuse to sit still without being questioned for any Errors past in your Negotiation in Spain and enjoy the benefit of the late gratious Pardon granted in Parliament whereof you may have the benefit Or
unfortunate mistaking of the Speeches I used to Mr. Clark I shall conclude by entreating your Lordships favor That I may understand from you as I hope for my comfort that this Letter hath given his Majesty satisfaction or if there should yet remain any scruple That I may have a clear and plain signification of the Kings pleasure which I shall obey with all Humility Your Lordships humble Servant BRISTOL The Earl of Bristol petitions the House of Lords shewing That he being a Peer of this Realm had not received a Summons to Parliament and desires their Lordships to mediate with his Majesty that he may enjoy the Liberty of a Subject and the Priviledge of his Peerage after almost two years restraint without being brought to a Tryal And if any Charge be brought in against him he prayeth that he may be tryed by Parliament The business is referred to the Committee of Priviledges and the Earl of Hartford reported from that Committee That it is necessary that their Lordships humbly beseech his Majesty that a Writ of Summons may be sent to the Earl of Bristol as also to such other Lords whose Writs are stopped except such as are made uncapable to sit in Parliament by Judgment of Parliament or some other Legal Judgment Hereupon the Duke signified to the House That upon the Earl of Bristols Petition to the King His Majesty had sent him his Writ of Summons And withal he shewed to the Lords the Copy of a Letter written from the King unto the said Earl being as followeth WE have received your Letter addressed unto us by Buckingham and cannot but wonder that you should through forgetfulness make request to us of favour as if you stood evenly capable of it when you know what you behaviour in Spain deserved of us which you are to examine by the observations we made and know you well remember how at our first coming into Spain taking upon you to be so wise as to foresee our intention to change our Religion you were so far from disswading us that you offered your advice and secresie to cocurre in it and in many other Conferences pressing to shew how convenient it was to be a Roman Catholick it being impossible in your opinion to do any great action otherwise And how much wrong disadvantage and disservice you did to the Treaty and to the Right and Interest of our dear Brother and Sister and their Children what disadvantage inconvenience and hazard you intangled us in by your Artifices putting off and delaying our return home the great estimation you made of that State and the low price you set this Kingdom at still maintaining that we under colour of friendship to Spain did what was in our power against them which you said they very well knew And last of all your approving of those Conditions that our Nephew should be brought up in the Emperors Court to which Sir Walter Ashton then said that he durst not give his consent for fear of his head you replying unto him that without some such great Action neither Marriage nor Peace could â—e had Upon the receipt of the Writ Bristol again Petitions the House of Lords and annexes to his Petition the Lord Keepers Letter and his own Answer thereto and desires to be heard in accusation of the Duke The humble Petition of Iohn Earl of Bristol Humbly shewing unto your Lordships THat he hath lately received his Writ of Parliament for which he returneth unto your Lordships most humble thanks but ioyntly with it a Letter from my Lord Keeper commanding him in his Majesties name to forbear his personal attendance and although he shall ever obey the least intimation of his Majesties pleasure yet he most humbly offereth unto your Lordships wise considerations as too high a point for him how far this may trench upon the Liberty and Safety of the Peers and the Authority of their Letters Patents to be in this sort discharged by a Letter missive of any Subject without the Kings hand And for your Lordships due information he hath annexed a Copy of the said Lord Keepers Letter and his Answer thereunto He further humbly Petitioneth your Lordships That having been for the space of two years highly wronged inpoint of his Liberty and of his Honor by many sinister aspersions which have been cast upon him without being permitted to answer for himself which hath been done by the power and industry of the Duke of Buckingham to keep him from the presence of his Majesty and the Parliament lâ—st he should discover many crimes concerning the said Duke He therefore most humbly beseecheth That he may be heard both in the point of his Wrong and of his Accusation of the said Duke wherein he will make it appear how infinitely the said Duke hath both abused their Majesties the State and both the Houses of Parliament And this he is most confident will not be denied since the Court of Parliament never refuseth to hear the poorest Subject seeking for redress of Wrongs nor the Accusation against any be he never so powerfull And herein he beseecheth your Lordships to mediate to his Majesty for the Suppliants coming to the House in such sort as you shall think fitting assuring his Majesty That all he shall say shall not onely tend to the Service of his Majesty and the State but highly to the Honor of his Majesties Royal Person and of his Princely vertues And your Suppliant shall ever pray for your Lordships prosperity The Lord Keeper to the Earl of Bristol March 31. 1626. My very good Lord BY his Majesties commandment I herewith send unto your Lordship your Writ of summons for the Parliament but withal signifie his Majesties pleasure herein further that howsoever he gives way to the awarding of the Writ yet his meaning is thereby not to discharge any former directions for restraint of your Lordships coming hither but that you continue under the same restriction as you did before so as your Lordships personal attendance is to be forborn and therein I doubt not but your Lordship will readily give his Majesty satisfaction And so I commend my service very heartily unto your Lordship and remain Your Lordships assured Friend and Servant THO. COVENTRY C.S. Dorset-Court March 31. 1626. His Answer to the Lord Keeper May it please your Lordship I Have received your Lordships Letter of the 31 of March and with it his Majesties Writ of Summons for the Parliament In the one his Majesty commandeth me that all excuses set aside upon my Faith and Allegiance I fail not to come to attend his Majesty And this under the Great Seal of England In the other as in a Letter missive his Majesties pleasure is intimated by your Lordship that my personal attendance should be forborn I must crave leave ingenuously to confess unto your Lordship that I want judgement rightly to direct my self in this Case as likewise that I am ignorant how far this may trench
upon the Priviledges of the Peers of this Land and upon mine and their safety hereafter For if the Writ be not obeyed the Law calleth it a Misprission and highly fineable whereof we have had late examples and a missive Letter being avowed or not is to be doubted would not be adjudged a sufficient discharge against the Great-Seal of England On the other side if the Letter be not obeyed a Peer may De facto be committed upon a Contempt in the interim and the Question cleared afterwards so that in this case it is above mine abilities I can onely answer your Lordship that I will most exactly obey and to the end I may understand which obedience will be in all kindes most suitable to my duty I will presently repair to my private Lodging at London and there remain until in this and other Causes I shall have petitioned his Majesty and understand his further pleasure For the second part of your Lordships Letter where your Lordship saith That his Majesties meaning is not thereby to discharge any former directions for restraint of your Lordships coming hither but that you continue under the same restriction as before so that your Lordships personal attendance here is to be forborne I conceive your Lordship intendeth this touching my coming to Parliament onely for as touching my comning to London I never had at any time one word of prohibition or colourable pretence of restraint but on the contrary having his late Majesties express leave to come to London to follow my affairs out of my respect to his Majesty then Prince and to the Duke of Buckingham I forbore to come until I might know whether my coming would not be disagreeable unto them whereunto his Majesty was pleased to answer both under the hand of the Duke and of Mr Secretary Conway That he took my respect unto him herein in very good part and would wish me to make use of the leave the King had given me since which time I never received any Letter or Message of restraint onely his Majesty by his Letter bearing date June the last commandeth me to remain as I was in the time of the King his Father which was with liberty to come to London to follow mine own affairs as I pleased as will appear unto your Lordship if you will afford me so much favor as to peruse them I have writ this much unto your Lordship because I would not through misunderstanding fall into displeasure by my coming up and to intreat your Lordship to inform his Majesty thereof And that my Lord Conway by whose Warrant I was onely restrained in the late Kings time of famous memory may produce any one word that may have so much as any colourable pretence of debarring my coming up to London I beseech your Lordship to pardon my desire to have things clearly understood for the want of that formerly hath caused all my troubles and when any thing is misinformed concerning me I have little or no means to clear it so that my chief labor is to avoid misunderstanding I shall conclude with beseeching your Lordship to do me this favor to let his Majesty understand that my coming up is onely rightly to understand his pleasure whereunto I shall in all things most dutifully and humbly conform my self And so with my humble service to your Lordship I recommend you to Gods holy protection and remain Your Lordships most humble Servant BRISTOL Sherborn April 12. 1626. Hereupon the Lord Keeper delivered this Message from the King to the House of Lords THat his Majesty hath heard of a Petition preferred unto this House by the Earl of Bristol so void of duty and respects to his Majesty that he hath great cause to punish him That he hath also heard with what duty and respectfulness to his Majesty their Lordships have proceeded therein which his Majesty conceiveth to have been upon the knowledge they have that he hath been restrained for matters of State and his Majesty doth therefore give their Lordships thanks for the same and is resolved to put the Cause upon the honor and justice of their Lordships and this House And therefore his Majesty commanded him the Lord Keeper to signifie to their Lordships his Royal pleasure That the Earl of Bristol be sent for as a Delinquent to answer in this House his Offences committed in his Negotiations before his Majesties being in Spain and his Offences since his Majesties coming from Spain and his scandalizing the Duke of Buckingham immediately and his Majesty by reflection with whose privity and by whose directions the Duke did guide his Actions and without which he did nothing All which his Majesty will cause to be charged against him before their Lordships in this House The Lords appointed a Committee to attend the King and to present their humble thanks to his Majesty for the trust and confidence he had placed in the honor and justice of their House About this time the Marshal of Middlesex petitioned to the Committee of the House of Commons touching his resistance in seising of Priests goods A Warrant was made by Mr Attorney General to Iohn Tendring Marshal of Middlesex and other therein named to search the Prison of the Clink and to seise all Popish and Superstitious matters there found A Letter also was directed to Sir George Paul a Justice of Peace in Surrey to pray him to take some care and pains to expedite that service On Good Friday April 7. Sir George Paul was ready by six a clock in the morning five or six Constables being charged and about an hundred persons to aid and assist them The Marshall being attended with the persons named in the Warrant and divers others of his own servants and the Aid being provided by Sir George Paul came to the Clink and finding a door open without any Porter or Door-keeper at all entred without resistance at the first appearing But immediately upon discovery of his purpose the Concourse of people without and his unexpected entrance giving occasion thereto the Porter steps up shuts the door and keeps the Marshal and some few that entred together with him within and his Aid without resisting them that would enter their Warrant being shewed notwithstanding until by force another door was broken open by which the other persons named in the Warrant the Marshals men with the Constables and others appointed for their assistance with Halberts did enter also leaving sufficient company without to guard the three several doors belonging to the House Being within the Marshall gave direction to his followers to disperse themselves into several parts of the House to the end that whilest he did search in one part the other parts and places might be safely guarded and so he proceeded in his search in the prosecution whereof he found four several Priests in the house viz. Preston Cannon Warrington Prator Preston was committed to the Clink about 16 years since and discharged of his imprisonment about
which though it do invite him to render unto you such a satisfaction that he hopes may acquit and restore him to your good opinion and might prevent your proceedings which otherwise by a Parliamentary course are like to follow Yet according to his duty having moved the Lords of the Upper House upon your notice given him they would by no means as things now stand give him leave to answer in regard he is not ignorant you are presently to enter into consideration of his Majesties Message and that by a delay therein your own purposes will be in some sort disappointed and the affairs of Christendome much prejudiced but for that upon a resolution you have deferred and respited that service until those things depending against him be first determined he out of fear that his necessary defence would spin out a great deal of time which is more precious is the willinger to obey their Lordships that so he might hasten without obstacle or interruption given unto him to keep day with his Majesty And this he doth as he conceives to his own infinite prejudice knowing how grievous it is to be transmitted as a Grievance by the voice of this House But he doth profess he will rather hazard the safety of his Fortunes Reputation and himself then to be the least occasion of any that may work dis-affection or mis-understanding between the King and his People And it is his Protestation that whatsoever interruption is made by his actions his endeavors shall be as long as he hath any favor with his gracious Master to take opportunity of doing good offices to this House and of rendring all that he can be able for the safety of the State and the general good of the Common-wealth And this he saith you may the easier beleeve because his Majesty can witness that he hazarded in his Fathers time the loss of the best affection of the best of Masters to obtain for them their desire In this zeal he was desirous to have appeared unto you ever since the beginning of this Parliament and in this zeal he doth now present himself unto you But to return to the main point he lest we should be mistaken gave us occasion in plain words to remember you that it is not he that doth refuse to answer but the Lords commanded him not to answer which he the cheerfullier obeyed in respect of his fidelity to prefer the Universal Weal before his own particular And in the mean time he desireth the charitable opinion of this Noble House until he be convinced that he shall appear not worthy of it which his own innocency maketh him confident that he shall not Whilst the Duke stood ready to be impeacht his Grace propounded to the Lords of the Council to have it moved to the King that in regard of the important services by Sea the usual pay to the Sailers might be raised from Fourteen to Twenty shillings a Moneth which was as much as they ordinarily received for Merchants wages The King being therein moved was consenting Nevertheless multitudes of the pressed Mariners ran away leaving his Majesties Ships unfurnished and his Service disappointed There was a great Debate in the House of Commons Whether the Committee of Twelve where Mr. Glanvile had the Chair shall consider of any new matter not heretofore propounded in the House against the Duke And it was resolved in the Affirmative Mr. Glanvile reports from the Committee the Examination concerning a Plaister and a Posset applied and given to King Iames in his sickness when the Kings sworne Physicians had agreed upon other Directions Hereupon it was resolved That this should be annexed to the Charge against the Duke as a transcendent Presumption of dangerous consequence Hereupon his Majesty sent this Message to the Commons THat he having given way to Enquiry about the Duke of Buckingham and hearing that there is new matter intended to be brought against him nevertheless leaveth the House to their own way to present the business to him or to the Lords withal adviseth them to consider of the season of the year and to avoid all loss of time It was Ordered That thanks should be returned to his Majesty for this Message On Monday the First of May the Gentleman-Usher brought the Earl of Bristol to the Bar according to their Lordships Order and the Lord Keeper acquainted him That the King had commanded his Attorney General to charge the Earl of Bristol before their Lordships with High Treason and other Offences and Misdemeanors of a very high nature that they might proceed in a Legal course against him according to the Justice and usual proceedings of Parliament I. Offences done and committed by the Earl of Bristol before His Majesties going into Spain when he was Prince I. THat the said Earl being trusted and employed by the said late King as his Ambassador to Ferdinando then and now Emperor of Germany and to Philip the Fourth then and now King of Spain in Annis 1621.22 and 23. And having Commission and particular and special Direction to Treat with the said Emperor and the King of Spain for the plenary restoring of such parts of the Dominions Territories and Possessions of the Count Palatine of Rhine who married with the most Excellent Lady Elizabeth his now Royal Consort the onely Daughter of the said late King Iames which were then wrongfully and in hostile manner taken and possessed with and by the Armies of the said Emperor and King of Spain or any other and for preserving and keeping such other parts thereof as were not then lost but were then in the protection of the said late King Iames and to the use of the said Count Palatine and his Children And also to Treat with the said King of Spain for a Marriage to be had between the most High and Excellent Prince Charls then Prince of Wales the onely Son and Heir Apparant of the said King Iames and now our most Soveraign Lord and the most Illustrious Lady Donna Maria the Infanta of Spain Sister to the now King of Spain He the said Earl contrary to his duty and Alleagiance and contrary to the trust and duty of an Ambassador at Madrid in the Kingdom of Spain to advance and further the designs of the said King of Spain against our said Soveraign Lord his Children Friends and Allies falsly willingly and traiterously and as a Traitor to our said late Soveraign Lord the King by sundry Letters and other Messages sent by the said Earl from Madrid in the years aforesaid unto King Iames and his Ministers of State of England did confidently and resolutely inform advise and assure the said late King That the said Emperor and King of Spain would really fully and effectually make restitution and plenary restauration to the said Count Palatine and his Children of the said Dominions Territories and Possessions of the said Count Palatine and of the said Electoral Dignity And that the said King of
the Princes hands might have been bound up and yet he neither sure of a Wife nor any assurance given of the Temporal Articles All which in his high presumption he adventured to do being an express breach of his Instructions and if the same had not been prevented by his late Majesties vigilancy it might have turned to the infinite dishonor and prejudice of his Majesty XI Lastly That he hath offended in a high and contemptuous manner in preferring a scandalous Petition to this honorable house to the dishonor of his Majesty of blessed memory deceased and of his sacred Majesty that now is which are no way sufferable in a Subject towards his Soveraign and in one Article of that Petition specially wherein he gives his now Majesty the Lye in denying and offering to falsifie that Relation which his Majesty affirmed and thereunto added many things of his own remembrance to both Houses of Parliament ROBERT HEATH The Earl of Bristol upon the Attorney Generals accusing him of high Treason thus exprest himself THat he had exhibited his Petition to the House April 19 that he might come up and be heard in his Accusation of the Duke of Buckingham and that thereupon he being a Peer of this Realm is now charged with Treason That he had heretofore inâ—ormed the late King of the Dukes unfaithfull service and thereupon the Duke labored that he might be clapt up in the Tower presently upon his return out of Spain That he importuned the late King that he might be heard before himself and his Majesty promised it I pray God said he that that promise did him no hurt for he died shortly after And for the Kings promise he vouched the Lord Chamberlain for a witness and he desired the Lords to take notice that their House was possessed already of his said Petition and of his Accusation of the said Duke And therefore desired first that they would receive his charge against the Duke and the Lord Conway and not to invalid his Testimony against them by the Kings Charge against him and that he might not be impeached till his Charge of so high a nature be first heard So he tendred to the House the Articles against the Duke which the Clerk received and he withdrew and his Petition exhibited the 19 of April was read and the Lords resolved upon the Question That the said Earls Charge against the Duke of Buckingham and the Lord Conway should be presently read The Earl being shortly after called in again to the Bar of the Lords House concerning his Articles against the Duke made this speech FIrst he craved pardon of their Lordships for his earnest Speeches the other day confessing them to have been in passion saying That unexpected accusation of Treason would warm any honest heart but would hereafter amend it Then he rendred their Lordships humble thanks for their manner of proceeding against him and desired to know from Mr Attorney whether that were his whole Charge or not Mr Attorney answered That he had Commandment to open no more against him peradventure upon the opening of the Charge some particulars might arise and be urged but no new matter should Then the Earl desired to know of Mr Attorney who was the Relator to his Charge and that he might understand who was his Accuser Mr Attorney answered That the King himself out of his own mouth had given him directions for his own Relation against him and corrected many things that were added Unto which the Earl answered That he would not contest with the King neither did it beseem him so to do neither esteemed he his life or his fortunes so much as to save them by contesting with his Soveraign and therefore would make no reply or answer were it not that his Religion and Honor were joyntly questioned with his life but this being to descend to his Posterity for their sakes he was an humble Suitor unto his Majesty that he would not take indignation at his own just defence yet would he be ready to make any humble submission to his Majesty and heartily desired some means might be made that he might make it personally to himself wherein he would submit himself most willingly to some such act of humiliation and submission not wronging his innocency that never Subject did towards his Soveraign And also That his Majesty would be pleased to set himself in his Throne of Justice and declare out of his Royal justice that he would have the Duke and him upon equal terms and that neither of their causes should be advanced before others These were his humble Petitions which he besought their Lordships to present unto his Majesty and to take into their considerations of how dangerous a consequence it would be if the King should be Accuser Judge Witness and should have the Confiscation As touching the Charge against him he said He had once answered it all except that of his Petition and he doubted not but to clear himself before their Lordships of every particular of it he said he expected not to have heard of this again having once answered it He rather expected to have been charged with some practise with Spain against the State or the receipt of Ten or Twenty thousand pounds for the perswading and procuring of the delivery up of some Town of which the Crown was in possession as might be the Town of Flushing the Brill or the like or for being the means of lending the Kings Ships to a Forein Nation and that against those of our own Religion or for revealing his Majesties highest Secrets which none above two or three dares know or for treating the greatest affairs as it were by his own Authority without formal Instructions in the points or for having taken Rewards or been corrupted by a Foreign Prince or to have broken his Instructions in any Ecclesiastical point or as the Law calleth it to have committed an overt Act of disloyalty and not to be charged after seven Ambassages with Discourses and Inferences Then he desired their Lordships that he might have a Copy of his Charge in writing and time allowed him for his Answer and Counsel assigned him to plead his Cause and said there was a great difference between the Duke of Buckingham and him for the Duke was accused of Treason and yet at large and in the Kings favour and he being accused but of that which he had long since answered was a Prisoner and therefore he moved that they might be put in equal condition And as touching the Lord Conway in as much as he had given in Articles against him he desired his Lordship might not meddle in that particular business nor use the Kings name against him ex officio he also besought their Lordships to be Suitors to his Majesty on his behalf that all the particular dispatches of his own Ambassages and Sir Walter Ashtons might be brought thither and that he might make use of them for his defence as his Evidence
then he desired their Lordships not to think it tedious for him to proceed and lay open his Case unto them which being granted he began as followeth HE said that he had the honor to serve the late King his Master of happy memory for the space of twenty years and a long time as a Counsellor and in seven Forein Ambassages In all which time in point of his Negotiation he had never received one check or rebuke until the return of the Duke of Buckingham out of Spain and therefore from thence he would begin his present Narration The very day that his Majesty departed from Spain he was pleased to tell him That he had no wayes offended him but did him the honor to trust him with the custody of the powers for his Marriage and after his return into England wrote unto him some Letters which did in no kinde express any distrust or displeasure against him About the same time he wrote unto his Majesty several Letters as in duty he was bound not for any earthly respect whatsoever to conceal from him the true state of his Affairs in which Letter he set down truly and honestly That he conceived that the distastes grown there betwixt the King of Spain and his Ministers and the Duke of Buckingham would disorder and utterly overthrow all his affairs if his wisdom prevented it not hinc illae lacrymae The Duke of Buckingham got a sight and knowledge of the Letters and fearing lest the Earl at his return should discover unto his said late Majesty his practises and misdemeanors in Spain he resolved That his access to the King was no wayes to be admitted and therefore labored and endeavored that he might be committed to the Tower presently upon his arrival and conceiving That the Lord Maquess Hamilton in regard of his Friendship with the Earl and the Alliance which was then intended between them might oppose this course he earnestly pressed him therein and moved him to deal with my Lord Chamberlain to the same purpose vowing That there was no hurt intended to the Earl but onely that he feared that if he should be admitted to the King he would cross and disturb the Course of Affairs but they were so honorable that neither of them would condescend thereunto and so that intention of his took no effect and therein the Earl desired my Lord Chamberlain that he would be pleased upon his Honor to deliver his knowledge This Design of the Duke not taking he fell upon other things indeed to have frightened the Earl out of his Country and honor and thereupon laid some great and sinister aspersions upon him in both Houses of Parliament thinking thereby to have terrified him that he should not return saying That if he kept not himself where he was and laid hold of those great offers which he heard were made unto him in Spain it would be worse with him Then the Earl of Bristol proceeded and said That the knowledge of these aspersions cast upon him in the Parliament came first unto him at Burdeaux in France where he was coming home at leisure in the company of his wife and family having formerly sent a Post of purpose to the Lord Conway to know if his speedy return would be any way useful to his Majesties service Who answered him That he might very well return at leisure with his family And in the mean time he was fallen upon by the Duke of Buckingham in Parliament in such sort as your Lordships well remember of whose Declaration he said he would boldly affirm unto their Lordships that there was scarce any one thing concerning him in it which was not contrary to or different from the truth From Burdeaux the Earl took Post making haste for that he hoped to clear his Honor in Parliament before it should break up and being arrived at Calis he sent over to have one of the Kings Ships for which there was publick Order given but although both wind and weather were as fair as could be and the Kings Ships lay at Boloign having carried over Count Mansfield and might every day within three hours have been with him yet the Ship came not in eight days expectance so that the Earl fearing the Parliament would be dissolved was enforced to pass the Sea in a Boat with six Oars as he did having with him Thirty or Forty thousand pounds of the Kings Jewels Upon his landing at Dover hoping that if his Arrest should have been deferred until his coming to London he might have gotten directly to the Kings presence which the Duke resolved was by no means to be admitted The Earl was there by a Letter of the Lord Conway's delivered unto him by a Servant of his in his Majesties name commanded to retire himself to his House and not to come to the Court or the Kings presence until he should have answered to certain Questions which his Majesty would appoint some of the Lords of the Council to ask him Hereupon he sent presently to his Majesty who sent him word That his restraint was neither for any ill meaning unto him nor that it should last long but was intended for his good to keep the Parliament from falling violently upon him And the same reason the Duke alleadged to some of his Friends and all those his troubles which have followed upon his first restraint have been procured by the Dukes Art under colour of Favor But the Earl having received his Message from the King became a most humble Suitor unto his Majesty that he would expose him to the Parliament for that if he had not served him honestly in all things he deserved no favor but to be proceeded against with all severity And in this particular he pressed the King as far as could stand with duty and good manners but received answer from his Majesty That there should but few more days pass before he would put an end to his affairs And about this time the Parliament was dissolved He still continued his sollicitation to be admitted to the Kings presence Who sent him word and confirmed it by oath That as soon as he should have answered the Questions which the Commissioners were to propound to him he would both see him and hear him and wondred that he should so much doubt thereof He then sollicited with all earnestness to have the Questions sent unto him which was promised should be within few days In the interim his Majesty being desirous that the business should have been accommodated sent secretly to him by a Gentleman who is ready to depose it this Message That he should write a fair Letter to the Duke and leave the rest to Him Hereupon the Duke sent a Gentleman one Mr. Clark with fair Propositions offering to procure him whatsoever he could reasonably pretend only he must not be admitted to the Kings presence for some time and that the Duke would have the disposing of his Vice-chamberlains Place having been therein formerly
engaged The Earl told the Gentleman That to condescend to any such Course were jointly to confess himself faulty in some kind which he would not do for any respect in the world and let him know the great wrong that the Duke had already done him and therefore it would be more honorable for him to procure him some reparation then to press him further Moreover not by way of message but by way of information of the said Mr. Clark he let him know how fit it were for the Duke not to press these things who could not but be conscious of his own Faults and knew his Innocencie and withall shewed him a Paper that he had made ready for the King containing the Particulars wherein the Duke had disparaged him Mr. Clark making the Duke acquainted herewith the Duke wrote a Letter the next day to the Earl bearing date 7 Iulii telling him That he had willingly intended the accommodation of his affairs but by what he had now said to Mr. Clark he was disobliged unless he should be pleased to relent it Whereupon the Earl answered with that directness he thought befitting him in point of Honor. The Course of Mediation was interrupted and the Duke so far incensed that he swore he would have him questioned for his life In the interim which the Earl desired might be known to the Lords His late Majesty was so far from thinking him a Delinquent or any way dishonest that he was often heard to say and swear That he held him an honest man and that he would answer for him that he had neither committed Felony nor Treason And this divers are ready to depose The which he well confirmed for that he gave general leave to all Gentlemen of the Court Privy-Counsellors and to his Secretary of State to have free access unto him yea even so far as to admit of Visits and Entercourses with Spanish Ambassadors and the Padre Maestre as is best known to my Lord Conway by whose Letter he received his Majesties leave in that particular Then he resumed the state of his business where he left it which was in the hands of the Commissioners and they were to frame Interrogatories for him the which although he had promised should be sent him within a few days yet such art was used that six or seven weeks were spent in the framing of them to the end that his Majesties Progress beginning there might be no means for the further clearing of the business And so supposing that for the answering of the Twenty Interrogatories of so high a nature the Earl would take some time they caused the said Interrogatories to be delivered unto him within a few days before the beginning of the Progress but he used so much diligence that he made ready to answer in persona though it were in the nature of a Delinquent Unto which his Majesty answered most graciously That out of his favor and for that he would not do him wrong he would not admit of it but that he should send his Answer and he would instantly put an end to his businesses as will appear by Letters Hereupon the Duke was put into a great strait how to keep him any longer from his Majesty but desired that only a few Questions more might be asked of him which the King upon great urging and instance condescended unto so that the Questions might be presently sent him But herein were such Artifices used that the bringing of any was delayed until the King had begun his Progress and then within a day or two the Lord Conway sent him word That he had Order indeed for the sending of him some more Questions but out of his affection to him he forbore the sending of them unless he should press for them Whereupon the Earl instantly wrote unto him that they might be sent unto him My Lord Conway made him answer by his Letter That he wished rather the course of Mediation might be pursued for that would but further exasperate but if he would needs have the Questions they should be sent to him Whereupon he sent to sollicit his Lordship for them with all earnestness insomuch as to petition his late Majesty twice that the said Questions might be sent But when the turn was served of keeping him from the Kings presence the said Questions were never more heard of until this day So likewise the Earl having sent his Answer to all the Commissioners who most of them made not nice to declare that they were fully satisfied and when it was perceived that the Commissioners would certainly clear him and that he thereby should be restored unto his Majesties favor they were never more permitted to meet A proceeding which as he conceived their Lordships would think hardly to be parallel'd that a Commission should be appointed to condemn if there had been cause but not to clear After the Progress was ended he began again to sollicit his Majesty and wrote particularly unto the Duke of Buckingham Whereupon the Duke was pleased to send four or five Propositions which he desired he should acknowledge the which Propositions contained nothing but what had been already propounded and satisfied in the former Interrogatories And if he would make his acknowledgment he then promised to imploy his force and power with the King and Prince that he should be admitted to kiss their hands and be received into their gracious favor but otherwise in a menacing sort That he should lay his hands upon his breast and so that would be the best for him And in the preface of the said Propositions he writeth in these words which follow It is an assertion not granted that the Earl of Bristol by his Answer had satisfied either the King the Prince or me of his Innocencie A presumptuous commination for any Subject But these Propositions were so unjust that he wrote unto the Duke that in stead of an Acknowledgment he had sent him an Answer unto them unto which if either himself or any man living was able to reply he would submit himself to any thing that should be demanded But this no way satisfied the Duke although it did his late Majesty who in the Dukes presence said I were to be accounted a Tyrant to enjoin an Innocent man to confess faults of which he was not guilty And thereupon sent him word That he should make his Answer but acknowledge nothing he was not faulty in And although he received this Message from the Kings own mouth as will be deposed yet the Duke at the same time wrote unto him That the conclusion of all that had been treated with his Majesty was That he should make the Acknowledgment in such manner as was set down in this paper And at this time likewise it was that his Majesty sent him word That he would hear him concerning the Duke of Buckingham as well as he had heard the Duke concerning him And this was not long before his Majesties sickness And in the interim as
he had heard by several ways the King suffered much and was infinitely pressed by the Duke concerning the said Earl and his affairs and this he said was the suffering he had spoken of to their Lordships the other day The Earl craved leave of their Lordships to specifie some other particulars whereby it should appear that his Majesty was in no kind ill opinioned of him till his dying day viz. That several persons will depose that they have heard his Majesty say that he esteemed him an honest man And that he was pleased to accept of Toyes by way of Present from him graciously and in good part and at last was likewise pleased to give him leave to come to London and to follow his own affairs and that his pleasure was signified unto him by the Duke his own Letter Whereupon he determined to come to London intimated to the Duke his intention of going to his Lodging in Whitehall but the Duke was therewith incensed again and said he mistook the Kings meaning which was that he might privately follow his own business And this he said was the true State and Condition when it pleased God to take unto his mercy his late most gracious Majesty Upon his Majesties coming to the Crown he said he wrote a most humble Letter unto his Majesty imploring his grace and goodness and desiring the Dukes mediation But he was pleased to answer by his Letter of 7 Maii 1625. That the resolution was to proceed against him without a plain and direct Confession of the Point which he had formerly required him to acknowledge and in a Courtly manner of menace telleth him That he would take the freedom to advise him to bethink himself in time what will be most for his good But in the interim his Majesty was graciously pleased that his Writ of Parliament should be sent him and thereupon he wrote unto the Duke of the receipt of the said Writ but that he should do nothing but what he should understand to be most agreeable to his Majesties pleasure Whereunto the Duke answered in his Letters of May in this manner I have acquainted his Majesty with your requests towards him touching your Summons to the Parliament which he taketh very well and would have you rather make excuse for your absence notwithstanding your Writ then to come your self in person Whereupon he sent humbly to desire a Letter of leave under his Majesties hand for his Warrant but in stead thereof he received from the L. Conway an absolute Prohibition and to restrain and confine him in such sort as he hath been in the late Kings time And although he was indeed absolutely set free he could never get cleared by the Lord Conway though he sent him all the Papers to examine and when he could make no further reply he said he conceived he was under restraint and that his liberty expired with the late Kings death when indeed Restraint may expire but Liberty is natural After this he continued for the space of three quarters of a year in the Country without moving in which time he was removed from those Places and Offices he held during his late Majesties life and the greatest part of his Estate being laid out in their Majesties service by their particular appointment he could never be admitted so much as to the clearing of Accompts Yet hereof he never made the least complaint But against the time of his Majesties Coronation he thought it fit to lay hold of that occasion when Princes do Acts of grace and favor to be a most humble Suitor to his Majesty for his grace and goodness and addressed his Letters unto the Duke of Buckingham from whom he received a Letter all written in his own hand and therein a Letter inclosed from his Majesty so different from some gracious Message which he had received from his Majesty since the said Earl returned into England upon the occasion of a great sickness and likewise from his speeches several times delivered to his Wife to wit That he had never offended him and that for his faults he no ways held them criminal but to be expiated by any easie acknowledgment That he confessed he knew not what judgment to make of the said Letter neither hath presumed hitherto to make any Answer thereto although by reducing the occasions of speeches and circumstances to his Majesties memory he no ways doubteth but he shall be able to give unto his Majesty such satisfaction to every particular as his Majesty would not remain with the least scruple in any one point After this he said that his Writ of Parliament was detained whereupon he addressed himself to the Lord Keeper that he would be a Suitor to his Majesty for him in that behalf which diligences not taking effect by Petition he became a Suitor to their Lordships for their Honorable mediation to his Majesty and thereupon his Writ of Parliament was awarded But the Duke of Buckingham upon that took occasion as he had published Copies of the said Letter over all the Kingdom to read it likewise in that Honorable House as was best known unto their Lordships and the Writ was accompanied with a Prohibition from the Loâ—d Keeper whereupon he addressed himself for Justice to that Honorable House being possessed of his Cause by his Petition for both redress of his own wrongs and likewise of Complaints against the Duke for many Crimes And that Honorable House being possessed of his Cause by his Petition there is preferred against him a succeeding Complaint amounting as high as Treason as it is pretended although he for divers years hath not been questioned yet since his Complaint against the Duke he hath been fetcht up like a Prisoner and brought into that House as a Delinquent And the Duke of whom he hath complained for his great Crimes is admitted still to sit in the House as one of his Judges The which with all that he hath formerly said together with his Life Fortunes and Honor he did with all willingness humility and duty submit to the Justice and Honor of that House Then the Lords asked him When he would bring in his Answer He promised to answer as soon as might be but knew not how far he should have occasion to use his antient Dispatches The Lord Keeper told him that Mr. Attorney might help him by letting him know it The Attorney said that his Charge should in nothing look further back then to the year 1621. Which he desired might be recorded Whereupon the Earl thanking their Lordships for their patience he was carried away by Mr. Maxwell the Gentleman-Usher in whose house and custody he remained Then were read the Earls Articles against the Duke and the Lord Conway viz. Articles of the Earl of Bristol whereby he chargeth the Duke of Buckingham bearing Date the First day of May 1626. I. THat the Duke of Buckingham did secretly combine with the Conde of Gondomar Ambassador for the King of Spain before
his the said Ambassadors last return into Spain in the Summer An. 1622. To carry his Majesty then Prince into Spain to the end he might be informed and instructed in the Roman Religion and thereby have perverted the Prince and subverted the true Religion established in England From which misery this Kingdom next under Gods mercy hath by the wise religious and constant carriage of his Majesty been almost miraculously delivered considering the many bold and subtile attempts of the said Duke in that kind II. That Mr. Porter was made acquainted therewith and sent into Spain and such Messages at his return framed as might serve for a ground to set on foot this Conspiracie The which was done accordingly and thereby the King and Prince highly abused and their Consents thereby first gotten to the said Journey that is to say after the return of the said Mr. Porter which was about the end of December or the beginning of Ianuary 1622. whereas the said Duke had plotted it many moneths before III. That the said Duke at his arrival in Spain nourished the Spanish Ministers not only in the belief of his own being Popishly affected but did both by absenting himself from all Exercises of Religion constantly used in the Earl of Bristols house and frequented by all other Protestant English and by conforming himself to please the Spaniards in divers Rites of their Religion even so far as to kneel and adore their Sacrament from time to time give the Spaniards hope of the Prince his Conversion The which Conversion he endeavored to procure by all means possible and thereby caused the Spanish Ministers to propound far worse Conditions for Religion then had been formerly by the Earl of Bristol and Sir Walter Aston setled and signed under their Majesties hands with a Clause in the King of Spain's Answer of Decemb. 12. 1622. That they held the Articles agreed upon sufficient and such as ought to induce the Pope to the granting of the Dispensation IV. That the Duke of Buckingham having several times in the presence of the Earl of Bristol moved and pressed his late Majesty at the instance of the Conde of Gondomar to write a Letter unto the Pope and to that purpose having once brought a Letter ready drawn wherewith the Earl of Bristol by his Majesty being made acquainted did so strongly oppose the writing of any such Letter that during the abode of the said Earl of Bristol in England the said Duke could not obtain it yet not long after the Earl was gone he procured such a Letter to be written from his late Majesty unto the Pope and to have him stiled Sanctissime Pater V. That the Pope being informed of the Duke of Buckingham's inclination and intention in point of Religion sent unto the said Duke a particular Bull in parchment for to perswade and encourage him in the perversion of his Majesty then Prince VI. That the said Dukes behaviour in Spain was such that he thereby so incensed the King of Spain and his Ministers as they would admit of no reconciliation nor further dealing with him Whereupon the said Duke seeing that the Match would be now to his disadvantage he endeavored to break it not for any service to the Kingdom nor dislike of the Match in it self nor for that he found as since he hath pretended that the Spaniards did not really intend the said Match but out of his particular ends and his indignation VII That after he intended to cross the Marriage he put in practice divers undue courses as namely making use of the Letters of his Majesty then Prince to his own ends and not to what they were intended as likewise concealing divers things of high importance from his late Majesty and thereby overthrew his Majesties purposes and advanced his own ends VIII That the said Duke as he had with his skill and artifices formerly abused their Majesties so to the same end he afterwards abused both Houses of Parliament by his sinister Relation of the carriage of Affairs as shall be made appear almost in every particular that he spake unto the said Houses IX As for scandal given by his personal behaviour as also the imploying of his power with the King of Spain for the procuring of Favors and Offices which he bestowed upon base and unworthy persons for the recompence and hire of his Lust These things as neither fit for the Earl of Bristol to speak nor indeed for the House to hear he leaveth to your Lordships wisdom how far you will be pleased to have them examined It having been indeed a great infamy and dishonor to this Nation that a Person of the Dukes great quality and imployments a Privy-Counsellor an Ambassador eminent in his Masters favor and solely trusted with the Person of the Prince should leave behind him in a Forein Court so much scandal as he did by his ill behaviour X. That the Duke hath been in great part the Cause of the ruine and misfortune of the Prince Palatine and his Estates in as much as those Affairs had relation unto this Kingdom XI That the Duke of Buckingham hath in his Relations to both Houses of Parliament wronged the Earl of Bristol in point of his Honor by many sinister aspersions which he hath laid upon him and in point of his Liberty by many undue Courses through his power and practices XII That the Earl of Bristol did reveal unto his late Majesty both by word and letter in what sort the said Duke had disserved him and abused his trust And that the King by several ways sent him word That he should rest assured he would hear the said Earl but that he should leave it to him to take his own time And thereupon few days before his sickness he sent the Earl word that he would hear him against the said Duke as well as he had heard the said Duke against him Which the Duke himself heard And not long after his blessed Majesty sickned and died having been in the interim much vexed and pressed by the said Duke Articles of the Earl of Bristol against the Lord Conway bearing Date 1 Maii 1626. I. THat the Lord Conway is so great a Servant of the Duke of Buckingham's that he hath not stuck to send the Earl of Bristol plain word That if businesses could not be accommodated betwixt him and the Duke he must then adhere and declare himself for the said Duke and therefore unfit to be a Judge in any thing that concerneth the Duke or the Earl II. That the said Lord Conway professeth himself to be a Secretary of the Duke of Buckingham's creation and so acknowledgeth it under his own hand And although that he be the Kings Secretary of State and a Privy-Counsellor he usually beginneth his Letters to the Duke Most gracious Patron III. That as a Creature of the said Dukes the said Lord Conway hath been made the Instrument of keeping the Earl of Bristol from the Kings presence and
of imprisoning of him by Warrants only under his own hand for which he cannot as the Earl conceiveth produce any sufficient Warrant IV. That by the space of Twelve moneths last past the said Lord Conway hath been the Cause of the Earls restraint only by misinforming his Majesty and procuring a Letter of restraint upon undue grounds And when it was made apparent unto him that the said Earl was restored to his liberty freely to follow his own affairs by his late Majesty of blessed memory he replied That that liberty given him by his Majesty expired with the Kings death V. That the Earl of Bristols Mother lying sick upon her death-bed desired for her comfort to see her Son and to give him her last blessing Whereupon the Earl wrote to the Lord Conway to desire him to move the King for his leave which he putting off from day to day told the person imployed That by reason of the Dukes sickness he could not find opportunity to get the Dukes leave to move the King And having spoken with the Duke he made a Negative answer in the Kings name Wherewith the Earl acquainting the King by some of his Bedchamber his Majesty was in a very great anger swearing the Secretary had never moved him and that to deny the said Earl leave was a barbarous part and thereupon sent him presently free leave which the Secretary hearing of sent likewise afterwards a Letter of leave but with divers clauses and limitations differing from the leave sent him from the Kings own mouth VI. That having the businesses of the Earl of Bristols in his hands and the Earl being commanded by the King to address himself in his occasions unto his Lordship He would never deliver any Message from the said Earl without acquainting the said Duke and receiving his directions and in a noble manner of freeness stuck not to send him word VII That the Earl of Bristol having received from the Lord Conway Twenty Interrogatories in his late Majesties name drawn up by a Commission of the Lords appointed to search into the Proceedings and Imploiments of the said Earl in which search there was more then two moneths spent divers of the said Interrogatories involving Felony and Teason And his Majesty having been pleased to assure the said Earl both by Message and Letters that upon satisfaction given to himself and the Commissioners by his Answers he would presently put an end to the Earl of Bristol's Businesse The Earl of Bristol having so fully answered as would admit of no reply and that many of the Commissioners declared themseves to be fully satisfied The said Lord Conway being the Secretary in the Commission to whom it properly belonged to call the Lords to assemble perceiving the Earl of Bristol was like to be cleared never moved for any further meeting neither have they ever been permitted to meet until this day whereby the troubles of the Earl of Bristol have been kept on foot till this present and the said Earls Imprisonment hath been enlarged Twenty moneths And by the Artifices of the said Duke of Buckingham and the said Lord Conway as shall be made appear the said Earl hath been insensibly involved and stauked into the troubles he is now in which he doubteth not but your Lordships will judge to be a very considerable Case VIII That for a colour of keeping the Earl from his late Majesties presence it being pretended after the Answer to the twenty Interrogatories that there were some few Questions more to be added whereunto when he should have answered his Majesty swore solemnly that without any delay he should be admitted to his presence and that within two or three dayes he should have the said Questions sent unto him the Lord Conway notwithstanding he acknowledged under his hand that he had received his Majesties directions for the sending of the said Articles and was often thereunto sollicited on the behalf of the said Earl would never send the said Questions and at last answered That he had no more to do with the Earls businesses IX That the Earl of Bristol being set free by his late Majesty to come to London to follow his own Affairs as he pleased and thereupon having his Writ of Parliament sent unto him without any Letter of Prohibition but the Earl of Bristol out of his great desire to conform all his actions to that which he should understand would best please his Majesty sent to know whether his going or stay would be most agreeable unto his Majesty who was pleased to answer by a Letter from my Lord Duke of Buckingham That he took in veâ—â— good part the said Earls respect unto him but wished him to make some excuse for the present The which accordingly he did and moved That he might have a Letter under the Kings hand to warrant his absence but under colour of this Letter of leave upon the Earl of Bristol's own motion and desire the Lord Conway sent a Letter from his Majesty absolutely forbidding his coming to Parliament and therein likewise was inserted a Clause That the Earl should remain restrained as he was in the time of his late Majesty and so thereby a colour of restraint under his Majesties hand was gotten which could never be procured in his late Majesties time whereby the Earl of Bristol hath been unduly restrained ever since without being able to procure any redress or to make the Lord Conway willing to understand his Case although he sent him all the Papers whereby he might clearly see that the Earl was not under restraint in his late Majesties time but never other Answer could be procured from him but That he judged the said Earl to be under restraint and that his Liberty was expired by the late Kings death as is aforesaid X. That the Lord Conway knowing that the Match for the marrying of the King of Bohemia's eldest Son with the Emperors Daughter and being bred in the Emperors Court was allowed and propounded by his late Majesty And that his Majesty by his Letters unto his Son-in-law declareth That he thinketh it the fairest and clearest way for the accommodation of his Affairs and that he will take sufficient care for his breeding in true Religion And notwithstanding that the said Earl received a Copy of the said Letter by the late Kings order with other Papers setting down all that had been done in the said business and his Majesties assent thereunto from the Lord Conway himself yet hath he suffered all to be charged as a crime against the Earl of Bristol both in the twentieth Interrogatory and in his Majesties last Letter that he should consent to the breeding of the young Prince in the Emperors Court And further in the Interogatory he alledgeth it as an aggravation against the said Earl That the breeding of the said Prince in the Emperors Court inferred to the perversion of his Religion when he knew that his said breeding was never thought nor spoken of by the
King nor any other but with that express Clause and Condition That he should be bred in his own Religion and have such Tutors and Servants as his Father should appoint XI That the Lord Conway hath been the cause of all the Earl of Bristol's Troubles by his dubious and intrapping Dispatches and inâ—erring That the said Earl hath failed in his Directions when it shall be made appear that his Dispatches contained no such Directions as he hath alledged were given The House not being satisfied to commit the Earl to the Tower let him remain where he was before with the Gentleman Usher and further ordered That the Kings Charge against the Earl of Bristol be first heard and then the Charge of the said Earl against the Duke yet so that the Earls Testimony against the Duke be not prevented prejudiced or impeached The day following the Lord Keeper delivered a Message from the King to the House of Lords THat his Majesty taketh notice of the Articles exhibited against the Duke of Buckingham by the Earl of Bristol and he observeth that many of them are such as himself is able to say more of his own knowledge then any man for the Dukes sincere carriage in them That one of them touching the Narrative made in Parliament in the One and twentieth of King Iames trencheth as far upon himself as the Duke for that his Majesty went as far as the Duke in that Declaration and that all of them have been closed in the Earls own breast now for these two years contrary to his Duty if he had known any crime of that nature by the Duke and now he vents it by way of recrimination against the Duke whom he knows to be a principal Witness to prove his Majesties Charge And therefore That his Majesty gave them thanks that they gave no way to the Earl of Bristol's unreasonable motion of putting the Duke under the same restraint that they had put the Earl thereby eschewing what the Earl aimeth at to alter their dutifull Procedings toward his Majesty That thereby they had made his Majesty confident that as they have so they will put a difference between his Majesties Charge against one that appeareth as a Delinquent and the recrimination of the Earl of Bristol against his Majesties Witness and they will not equal them by a proceeding Pari Passu At this time there was an endeavor to take the Earls Cause out of the House and to proceed by way of Indictment in the Kings-Bench To which manner of proceeding why the Lords should not give way these ensuing Reasons were offered to consideration I. IT was ordered That in all Causes of moment the Defendants shall have Copies of all Depositions both pro and contra after publication in convenient time before hearing to prepare themselves and if the Defendants will demand that of the House in due time they shall have their learned Council to assist them in their defence And their Lordships declared That they did give their assents thereto because in all Cases as well Civil as Criminal and Capital they hold That all lawfull help could not before just Judges make one that is guilty avoid Justice and on the other side God defend that an Innocent should be condemned II. The Earl of Bristol by his Petition to the House complained of his restraint desiring to be heard here as well in points of his wrongs as in his accusations against the Duke whereof his Majesty taking consideration signified his pleasure by the Lord Keeper April the 20 That his Majesty was resolved to put his Cause upon the honor and justice of this House and that his pleasure was that the said Earl should be sent for as a Delinquent to answer the offences he committed in his Negotiation before his Majesties going into Spain whilest his Majesty was there and since his coming thence and that his Majesty would cause these things to be charged against him in this House so as the House is fully possessed of the Cause as well by the Earls Petition as by the Kings assent and the Earl brought up to the House as a Delinquent to answer his offences there and Mr. Attorney hath accordingly delivered the Charge against him in the House and the Earl also his Charge against the Duke And now if he be proceeded withal by way of Indictment in the Kings-Bench these dangerous inconveniences will follow viz. 1. He can have no Counsel 2. He can use no Witness against the King 3. He cannot know what the Evidences against him will be in a convenient time to prepare for his Defence and so the Innocent may be condemned which may be the Case of any Peer 4. The Liberties of the House will be thereby infrigned the Honor and Justice thereof declined contrary to the Kings pleasure expresly signified by the Lord Keeper All these things are expresly against the Order 5. The Earl being indicted it will not be in the power of the House to keep him from Arraignment and so he may be disabled to make good his Charge against the Duke Therefore the way to proceed according to the Directions and true meaning of the Order and the Kings pleasure already signified and preserve the Liberties of the House and protect one from injury will be First To have the Charge delivered into the House in writing and the Earl to set down his Answer to it in writing and that the Witnesses may be examined and Evidences on both sides heard by such course and manner of proceedings as shall be thought fit by the House and if upon full hearing the House shall finde it to be Treason then to proceed by way of Indictment if doubtfull in point of Law to have the opinion of the Judges to clear it if doutfull in matter of Fact then to refer it to a regal Fait And the rather for that 1. It appears that the Earl in the space of two years till now he complained hath not been so much as questioned for matter of Treason 2. He hath been examined upon twenty Interrogatories and the Commissioners satisfie that his Answer would admit of no Reply 3. The Lord Conway by several Letters hath intimated That there was nothing against him but what was pardoned by the Parliament Pardon of 21 Iac. And signified his Majesties pleasure That he might rest in that security he was and sit still His Majesty hath often declared both to the Countess of Bristol and others That there was neither Fellony nor Treason against him nor ought else but what a small acknowledgment would expiate Some Cases happened in Parliament 1 2 Caroli wherein the Judges opinions were had viz. THis Question was put to all the Justices Whether a Peer impeached for Treason shall be tried in Parliament And the chief Justice in the name of all the Justices delivered his opinion that the course by Law was Indictment and this to be signified in Parliament before the Lord Steward vide 10
Edward 4.6 or by Bill and an Act of Parliament to attaint the Party An Order was made in the Upper-House of Parliament 21 Iac. That any Peer shall have Counsel in case Criminal or Capital and upon the Accusation of the Earl of Bristol in Parliament he made a motion for Counsel which matter was commended to the King by the Lords with voucher of the said former Order The King returned Answer that this was contrary to the Fundamental Laws of the Realm but inasmuch as it was for his Benefit and Prerogative with which he may dispence therefore out of his grace he would allow the Earl of Bristol to have his Counsel with protestation that he would advise in the general and the same Order was made without his privity and without hearing the Justices or his Counsel And upon the Trial of the Lord Middlesex in a Case Criminal and not Capital afterward that is to say Friday after upon the assembly of all the Justices the Attorney of the King by commandment of the King demanded their opinion and they with one voice agreed That where the Trial is upon Indictment no Counsel in Fellony or Treason is to be allowed unless a matter of Law happen or upon the Indictment or upon Plea of the Defendant or upoâ— Evidence and in such Cases the Prisoner may have Counsel but not otherwise The Lords by Order referred to the Justices this Question Whether the King may be a Witness in case of Treason Secondly Admit that this be for Treason done when he is privy Whether in this case he may be a Witness or not and before the Resolution this Message and Command came from the King to the Justices that in this general Question they do not deliver any opinion but if any point come in particular they upon mature deliberation may give their advice And this was declared by the Cheif Justice in the Upper House of Parliament and the said Matter surceased Sitting this Parliament the Duke of Buckingham was deputed Procurator by several Peers whose Votes on any occasion he had power to make use of viz. By the Earls of Bath Exeter Cumberland Northumberland Lord Teinham Colchester Tunbridge Evers Darcy Meynel Noel St. John of Basing Mansfield and Roberts Whereupon the House of Peers made an Order That after this Session no Lord of this House shall be capable of receiving above two Proxies nor more to be numbred in any Cause voted About a fortnight after the Charge was given in against the Earl of Bristol the Earl gave in his Answer which we have chosen to insert here for the Readers more conveniency though a little out of time And having the Answer in his hand ready to deliver to their Lordships he did crave leave that by way of Introduction he might speak a few words and began thus I Am not insensible upon what disadvantages I come to tryal in this Cause For first I am faln into this Majesties heavy displeasure and am to encounter with a potent Adversary highly in favor and am accused for Treason for which all Counsel and Friends abandon me as a man infected with the Plague I am become bound and under restraint whereas a man who is to encounter for his life and honor and with a strong Adversary had need to come upon equal terms But as to the Matter I finde my self charged with divers Articles of High Treason but looking into them with the eyes of my best understanding with the opinion also of my Council lately assigned me and taking them apart one Article from another I finde not any thing in them like Treason or that hath so much as the shew or countenance of a fault either in act or words onely by laying all things together and by wresting the wrests with a strained Construction directly contrary to the true sence and meaning of them and the occasion whereupon they were spoken it is informed and that by way of inference onely That the intent was evil and the matter to prove the intent to be evil depends upon two props viz. Ill affection to Religion and too much affection to Spain which if I shall clear the Inference grounded upon these props will fall of it self Therefore I crave leave of your Lordships before I give my Answer to the Charge that I may give you an account of these two particulars and I humbly beseech you that what I shall speak in my just defence may not be conceived to proceed of vain ostentation And first for Religion I was in my Childhood bred in the Protestant Religion and rather after the stricter manner then otherwise When I grew in years fit I travelled into France Italy and Rome it self In all which Travels I can produce some that I consorted withal who will witness with me that I ever constantly used the Religion I professed without the least prevarication no man being able to charge me that so much as out of curiosity I ever was present at any of the exercises belonging to the Roman Religion or did the least act of Conformity to any of their Rites or Ceremonies Secondly After my return home I was received into the service of his late Majesty of Blessed Memory whom I served some years as a Gentleman of his Privy Chamber and Carver in which time none of his Majesties Servants received the Holy Sacrament frequented Sermons and other exercises of our Religion more then I. Thirdly In that time of my youth not to avoid idleness but out of affection to Religion I translated that excellent Book of our Faith and great Points of our Religion Written by Monsieur Moulins which his late Majesty having sometimes after seen approved so well that he would needs have it Printed which accordingly was Printed in the name of Mr. Sampford my Chaplain to whom I gave the honor But it was my own act as Mr. Sampford will not deny though to this hour I had never before spoken of it Fourthly About Seven or eight and twenty years of my age I was employed Ambassador into Spain in that great business of the Treaty of the Marriage and whereas others before me carried with them but one Chaplain I had two viz. Mr. Sampford and Mr. Boswel and at my arival at the Court of Spain I caused it to be published that such a day God willing I purposed to have a Communion to the end that such English as were in the Town might resort thither Whereat the Duke De Lerma and other the great Ministers of Spain took offence and told me they might well perceive I brought no good affection to the business I came about that would so publickly and avowedly in that Court where never the like was done proclaim there a Communion and with high expression perswaded me to decline it Whereunto I answered I came to do my Master service which I would heartily and effectually endeavor but would not omit my service to God no though my Master commanded And at
the Articles of several High Treasons and other great and enormous Crimes Offences and Contempts supposed to be committed by him against our late Soveraign Lord King James of Blessed Memory deceased and our Soveraign Lord the Kings Majesty that now is wherewith the said Earl is charged by his Majesties Attorney-General on his Majesties behalf in the most High and Honorable Court of Parliament before the King and the Lords there And not acknowledging any the supposed Treasons Crimes Offences and Contempts wherewith he is charged in and by the said Articles to be true and saving to himself all advantages benefit and exception to the Incertainty and Insufficiency of the said Articles and of the several Charges in them contained And humbly praying that his Cause may not suffer for want of Legal form whereunto he hath not been used but may be judged according to such real and effectual Grounds and Proofs as may be accepted from an Ambassador the ground of the Charge growing thence and that he may have leave to explain himself and his own meaning in any thing that may seem of a doubtful Construction For Answer saith as followeth I. THe First Article he denieth and because the Matters contained in the said Article consist of several parts viz. The loss of the said Palatinate and the Match with the said Lady of Spain and of the several Employments as of one Extraordinary Ambassage to the Emperor and another to the King of Spain in the years 1621.22 and 23. He humbly craves leave of this most Honorable Court to separate the businesses and distinguish the times And beginning with the Palatinate first to give an account of his Ambassage to the Emperor and so to make as brief a Deduction as he could of the whole carriage in that business from the beginning of his employment to the time he left it in his Ambassage to the Emperor he propounded all things faithfully according to his Instructions and the Answers which he returned to his late Majesty of Blessed Memory were the very same and no other then such as were given by the Emperor under his Hand and Imperial Seal the which according to his duty he faithfully sent unto his said Majesty and withal did honestly and truly advertise his said Majesty what he understood and thought then upon the place but was so far from giving to his Majesty any ill-grounded hopes in that behalf that he wrote unto the Lords of the Council here in England from Vienna 26 Iuly 1624. in such sort as followeth I Am further to move your Lordships That there may be a Dispatch made presently into Spain to his Majesties Ambassador and Mr. Cottington that they deal effectually for the repairing and ripening of the business against my coming that they use some plain and direct Language letting the Ministers there know That the late Letter sent by the King of Spain to the Emperor was colder and more reserved then his Master had reason to expect I shall conclude with telling your Lordships That although I dispair not of good success in that knotty business yet I hope his Majesty and your Lordships lay not aside the care of all fitting preparations for a War in case a Peace cannot be honorably had And amongst other things I most earnestly commend unto your Lordships by your Lordships unto his Majesty the continuing yet abroad for some small time of Sir Robert Mansels Fleet upon the Coasts of Spain which in case his Majesty should be ill used will prove the best Argument we can use for the Restitution of the Palatinate And this his Advice he saith was wholly intended by his Actions by being the cause as he returned homeward out of Germany to bring down Count Mansfield whereby the Town of Frankendale was relieved by supplying of his Majesties Army then in great distress with Moneys and Plate to the value of 10000 l. meerly out of his zeal and affection to the good of the King and his Children having no Warrant or Order but that his heart was ever really bent in effects more then in shews to serve the Kings Son-in-law and his cause as by the discourse of this business will appear And how acceptable these Services were will more appear by the Letters of the Queen of Bohemia in these words following My Lord HAving understood from Heidelburgh how you have shewed your affection to the King and me in all things and in the help of Money you have lent our Soldiers I cannot let so great Obligation pass without giving many thanks for it by these lines since I have no other means to shew my gratefulness unto you Howsoever assure your self that I will never be forgetful of the Testimonies you give me of your love which I intreat you to continue in doing the King and me all good Offices you can to his Majesty You have been an eye-witness of the miserable estate our Countreys are in I intreat you therefore to solicite his Majesty for our help you having given me an assurance of your affection I intreat you now to shew it in helping of us by your good endeavors to his Majesty and you shall ever binde me to continue as I am already Your very affectionate Friend ELIZABETH Which Letters were seconded with others about the same time both from the King of Bohemia and Council of Heidelburgh to the same effect And how much satisfaction his late Majesty received in that behalf and touching that business will plainly appear several ways and particularly by his Speech in Parliament And the said Earl likewise appealeth to both Houses of Parliament to whom by his late Majesties Order he gave a just and true accompt of that employment with what true zeal he proceeded and how he pressed that single Treaty and Promises no longer be relied on but that a fitting preparation for War might go along hand in hand with any Treaty of Accommodation And for a conclusion among many of his late Majesties approbations of his carriage in this employment he humbly desireth that a Letter of the Duke of Buckinghams under his own hand bearing date the Eleventh of October 1621. may be produced being as followeth My Lord I Am exceeding glad that your Lordship hath carried your self so well in this employment that his Majesty is infinitely pleased for your Service you have done for which he commanded me to give your Lordship thanks in his Name until he see you himself You of all men have cause to commend his Majesties choice of such a man that unless your heart had gone with the business you could never have brought it to so good a pass Amongst other things his Majesty liketh very well the care of clearing his Honor whereof he will advise further with your Lordship at your next coming over I hope you will not finde your Negotiation with the Infanta of such difficulty as you seem to fear in your Letter seeing my Brother Edward hath brought with him a Letter
from his Majesties Son in Law whereby he putteth himself solely to his Majesties advice and pleasure for his Submission as you will perceive by the Copy of the Letter it self which I here send your Lordship wherein though there be many things impertinent yet of that point you may make good use for the accomplishment of the business wherein I have written to the Spanish Ambassador to use his Means and Credit likewise which I assure my self he will effectually do especially seeing the impediments are taken away by Count Mansfields Composition and the Conformity of his Majesties Son in Law to this Submission For the Money your Lordship hath so seasonably laid forth his Majesty will see you shall sustain no loss holding it very unconscionable you should suffer by the care of his Service which you have shewed so much to his contentment to the great joy of your Lordships faithful Servant Geo. Buckingham Having given this Accompt of his employment with the Emperor he humbly craveth leave to make it known in what sort before this his employment he endeavored to serve the Prince Palatine and his Cause which will best appear by his Majesties own Testimony upon the going of Sir Francis Nethersole to the Prince Palatine at which time his Majesty being out of his Royal and just heart desirous to do a faithful Servant right commanded Sir Francis Nethersole to let the Prince Palatine understand how good a Servant the said Earl had been unto him and how Active in his Affairs as will best appear by a Dispatch of Sir Francis Nethersole written all with his own hand to Sir George Calvert dated in Prague August 11. 1620 and sent by his late Majesty to the said Earl for his comfort being as followeth Right Honorable THat you may be the better assured that I have neither forgotten nor neglected the Commandments received from his Majesty by your Honor you will be pleased to have the patience to hear me report what I said to this King upon the delivery of my Lord Deputies Letters to his Majesty which was That the King my Master whose Iustice is so renowned over the World did use to shew it in nothing more then in vindicating his Servants from wrongfull Opinions whereof he knew noble hearts more sensible then of Injuries done to their Persons or Fortunes That out of his Royal Disposition his Majesty having found my Lord Digby mistaken by some of his own people at home by occasion of his being by him employed in the Affairs with Spain having thereupon conceived a jealousie that the same noble Lord might be also misreported hitherto his Majesties hands in that respect gave me a particular commandment to assure his Majesty he had not a more truly affectionate Servant in England And for proof thereof to let his Majesty understand That whereas the Baron of Doncaster now his Majesties Ambassador for England had since his coming hither obtained but three great Boons for his Majesties service viz. The Loan of Money from the King of Denmark the Contribution in England of the City and Countries and the sending Ambassadors to the contrary parties that my Lord Digby had been the first propounder of all those to the King my Master before his Majesties Ambassador or any other of his servants in England although his Lordship were contented that others who were but set on should carry away the thanks and prayers because his Lordship being known to be the first mover therein might possibly weaken the credit he hath in Spain and to render himself the more valuable to serve both his own Master and his Majesty in which respect I humbly prayed his Majesty to keep this to himself By which testimony it may appear as the said Earl conceiveth how he the said Earl bestowed himself before his Ambassage and in his said Ambassage with his said late Majesties approbation thereof Now he humbly craveth leave to give your Lordships accompt how he proceeded after his return from the Emperors Court Assoon as he came into England he discovered unto his Majesty and the Lords of the Councel in what great wants he had left the Forces in the Palatinate and sollicited the present sending away of money thereupon Thirty thousand pound was borrowed of Sir Peter Vanlore Sir Baptist Hicks and Sir William Cortine and presently sent unto the Palatinate besides the Ten thousand pounds which he lent for which he paid the interest out of his Purse for six moneths having also given not long before Five hundred pounds by way of benevolence to the service of the said Palatinate Now in the interim betwixt his return from the English Coasts which was in November 1621 and his going into Spain in May 1622 he first gave his Accompt as aforesaid of his Ambassage to both Houses of Parliament and moved them as effectually as was possible for the supplying of his Majesty and that the money might wholly be imployed for the Succor of the Palatinate The Parliament being dissolved he sollicited with great care and industry the setling of some Course for the supplying of the Palatinate and his Majesty was perswaded to maintain Eight thousand Foot and Sixteen hundred Horse under his own Standard and at his own purse in the Palatinate to establish a certain course for due payment of the said Army The Lord Chichester was upon the said Earls motion sent for out of Ireland and the said Earl by his Majesties command took order for his Dispatch In this estate the said Earl left his Affairs at his departure towards Spain in May 1622 nothing doubting but that all things would have effectually constantly been pursued according to the order which was setled and resolved on at his departure At his arrival at the Court of Spain he presently proceeded according to his Instructions pressing the business of the Palatinate as effectually as he could and faithfully labored and effected from time to time as far as to the point of Negotiation all particulars that were given him in charge as it will appear by his late Majesties Letters upon every particular occasion and if by the accidents of War for that Summer the Marquess of Baden the Count Mansfield and the Duke of Brunswick received each of them an overthrow the ordering of whose Affairs his Majesty so far complained of to his Son-in-law as to give order for the withdrawing of his Forces as will appear by his Majesties Letters on the third of Iune 1622 and also by his Letters unto Sir Horace Vere and the Lord of Chichester of the same date if there were not a speedy redress if by any of those accidents those businesses have miscarried the said Earl hopes he shall not be liable to the blame it having no relation to him or to his imployment having so far and so honestly with his best affections imployed his care and utmost services in the businesses as his Majesty was pleased by many several Letters upon several Actions to signifie
his late Majesty was pleased to give order to the Duke and Earl to proceed in the Business which his said Majesty would not have Treated till the said Marriage was concluded as will appear by a Letter of his said late Majesty joyntly to the Duke of Buckingham and the said Earl of the 23 Iuly 1623. Secondly It will appear by Letters of the said Lord Conway to the Duke of Buckingham bearing date September 4. 1623. That the said Duke had good assurance of the Conclusion of the said Match and upon this confidence were all things put in due execution in England as had been Capitulated And the Lord Conway and others faithfully agreed and setled all the Points of Immunity and Liberty for the Roman Catholicks for the use of their Religion as was set down in the Declaration August 9. 1623. hereafter mentioned in the Answers to the Fifth Article of this Charge Thirdly the very day his now Majesty and the Duke of Buckingham departed from the Escurial in Spain towards England the said Duke solemnly swore the Treaty of the said Marriage and the furtherance of it all that should be in his power upon the holy Evangelists in the presence of the said Earl and Sir Walter Aston Fourthly The Treaty of the said Marriage had been formerly signed sealed and solemnly sworne by the King of Spain And when his Majesty and that King took their leaves he did solemnly in the words of a King faithfully and punctually protest to perform all that had been capitulated in the Treaty of Marriage and thereupon imbraced his Majesty at his departure and sent the very next day a Letter written all with his own hand to his Majesty vowing and protesting to make all good that he had capitulated or promised unto his Majesty at his departure the day before So that if there were no true meaning on the part of Spain to make the Marriage as by Mr. Attorney is pretended yet certainly the Earl hath not been sleightly deceived neither can it be as he conceiveth any fault in him since not only his late Majesty but also his Majesty that now is and the Duke of Buckingham being then both upon the place did confidently believe and that upon other grounds then misinformations suggestions and perswasions of the said Earl that the Marriage was really intended And to that effect both his late Majesty of blessed memory and his most Excellent Majesty that now is after his return into England wrote unto him the said Earl several Letters assuring him that their intents and pleasures were to have the said Match proceeded in and thereupon the Proxies of his Majesty then Prince were again inrolled and sent unto the said Earl So that the said Earl having so many and so great causes to be assured that the Match was really intended on both sides he conceiveth it will be hard for Mr. Attorney to make good that part of his Charge wherein he affirmeth that the Earl should know the contrary or the Assurance to be upon false grounds as in the said Article is alleadged II. To the Second Article He directly denieth all the supposed Offences wherewith he stands charged by the said Article And for a clear declaration and manifestation of the truth and manner of his proceedings He saith First as to the continuing the Treaties upon Generalities That the Temporal Articles were by Agreements on both sides not to be treated or setled until such time as the Articles of Religion were fully agreed on For that it was held most proper and honorable for both sides first to see if the Difficulty of Religion might be removed before they passed to any further Engagements And the said Articles of Religion by reason of the Popes new Demands sent into England by Mr. Gage were not signed nor condescended unto by his late Majesty nor his Majesty that now is then Prince until Ian. 5. 1622. and were then sent away in Post out of England to the said Earl by Mr. Simon Digby who arrived with them at Madrid in Spain about the 25. of the same moneth But the Earls care was such to have no time spent in the setling of the Temporal Articles that before he would condescend so much as de bene esse unto the Articles of Religion that they should be sent back to Rome he procured the King of Spain to promise That within the time limited for procuring the Desponsories which was by March or April following the furthest all the Temporal Articles should be setled and agreed to the end that the Infanta might be delivered at the Spring as by the King of Spain his Answer in writing was declared to be the Kings intention And accordingly Sir Walter Aston and the said Earl did not deal in general but did most industriously labor to settle all in particular viz. That the Portion should be Two Millions it appearing that it was so agreed by the late King of Spain That the Dispensation coming the Desponsories should be within Forty days after And that Don Duarte de Portugal should be the man that should attend the Infanta in the Journey And all other Particulars necessary for the Conclusion of the said Treaties were by Sir Walter Aston and the said Earl and the Spanish Commissioners drawn up into heads in writing and after many Debates they were consulted with that King and 2 Martii 1623. stilo vet the Conde Gondomar and the Secretary Don Andreas de Prada were appointed to come home to the house of the said Earl to signifie unto Sir Walter Aston and himself as they did That the King of Spain had declared his resolution in all the Particulars and given them order to come to a speedy Conclusion with them in all things And that Kings Answer to that Conclusion the Earl saw and read all written with the King of Spain's own hand On the seventh day of the said moneth of March 1623. the Kings Majesty then Prince and the Duke of Buckingham arrived at Madrid And then the Spaniards took new laws and the Negotiation was put into a new form So that whereas it is objected against the Earl that he entertained and continued the Treaties so long upon Generalities He conceives it is not meant upon the Spiritual Articles for they were such as were sent from Rome into England and from thence they came to the Earl And for the Temporal Articles they were not to be setled and treated till the Articles of Religion were concluded He conceiveth it cannot be alleadged with any colour that his Majesty was entertained with Generalities since the time that the said Articles of Religion were brought unto the said Earl by Mr. Simon Digby being about the 25. of Ianuary There were but six weeks until March 7. following when his Majesty then Prince arrived in Madrid and in the interim all the above-mentioned Particulars were setled And the time that hath been spent in this Treaty hath not been through his the said Earls
his Majesties will and pleasure is that a Legal and Authentical Pardon shall be passed under the Great Seal wherein shall be freely pardoned all those Penalties Forfeitures and Seisures Indictments Convictments and Incumbrances whatsoever whereunto the Roman Catholicks are lyable or have been proceeded against or might be as well Priests as others for matters of Conscience onely and to which the rest of his Majesties Subjects are not liable And to the end his Majesty may make himself clearly understood where it shall happen that any of those Forfeitures and Pecuniary Mulâ—s have béen given away under his Majesties Great Seal his Majesty will not hide that it is not in his power so to make void those Letters Patents except they be voidable by Law and then his Majesty is well pleased that all Roman Catholicks may in these Cases plead in Law if they finde it good and shall have equal and legal Tryal And his Majesty is likewise pleased that his General Pardon shall remain in being Five years to the end all that will may in that time take it out and his Majesty will give order for the comfort of the poorer sort that the Pardon shall not be costly but such like course shall be taken as was in a like occasion at his majesties coming into England and that it shall be lawful to put as many as can be possible into one Pardon And we do further Declare That his Majesties will and pleasure is to the end the Roman Catholicks his Majesties Subjects may have a present and a frée fruition of as much as is intended them by the Articles of Treaty of Marriage to cause a present Suspension under his Majesties Seal of all those Penal Laws Charges and Forfeitures whereunto the Roman Catholick Subjects of his Majesty have heretofore béen subject and to which the rest of his Majesties Subjects have not béen liable and in the same Grant and under the same Seal to give a Dispensation and Toleration to all the Roman Catholicks his Majesties Subjects as well Priests as Temporal persons and others of and from all the Penalties Forfeitures Troubles and Incumbrances which they have béen or may be subject to by reason of any Statute or Law whatsoever to the observation whereof the rest of his Majesties Subjects are not bound We do likewise declare That his Majesty hath promised in his Royal Word that the execution shall be no ways burthensome or penal to the Roman Catholicks but that for the manner of priviledging and fréeing them from that he must confer with Bishops and Advocates into which he will presently enter and expedite by all means And we do further declare That his Majesties intention is presently to pursue his former Directions which had béen before executed if their Excellencies had so thought good to put under his Seal severally the said Pardon and Suspension and Dispensation and that his Majesties Attorney and learned Council shall have referred to them the charge to pen them with all those effectual words clauses expressions and reservations which may presently give fruition to the Roman Catholicks his Majesties Subjects and make them inviolable in the fruition of all that is intended and promised by his Majesty in the Articles of Marriage and his Majesties further Grace And we do declare That his Majesties further will and pleasure is for the better satisfaction and discharge of the care and endeavor of their Excellencies the Ambassadors that it shall be lawful to them to assign a discréet person to entertain such sufficient Lawyers as shall be thought sit to take care to the strength validity and security of the said Grants and his Majesties Attorney shall have charge to receive and admit the said Lawyers to the sight and judgment of the said Draughts and in any doubts to give them satisfaction or to use such legal necessary and pertinent words and phrases as he the said Lawyer shall propound for the security of the Roman Catholicks and sure making of the said Grants And we do further declare That his Majesties pleasure is to make a Dispatch into Ireland unâ—o his Deputy there by the hands of the Lord Treasurer and Secretary of State Sir George Calvert for the present confirming and sealing the things concerning the Roman Catholicks answerable to the Articles of Treaty his Royal Promise and Procéedings here And for Scotland That his Majesty according to the constitution of his Affairs there and regard to the Publick good and peace of that Kingdom and as soon as possible will do all that shall be convenient for the accomplishment of his Promise in Grace and Favor of the Roman Catholicks his Subjects conformable to the Articles of Treaty of Marriage But this Declaration the said Earl saith and affirmeth was the effect of the Duke of Buckinghams Negotiation and treated and concluded by the Lord Conway with the Spanish Ambassador here whilst the Prince was in Spain neither was his privity or advice in it For if he had known it he should have protested against it All which together with the difference betwixt the Conditions of Religion agreed at the Treaty of Madrid 12 December 1622. by the said Earl and the said Sir Walter Aston being by their Lordships considered the said Earl doubteth not but it will manifestly appear whose endeavor it was to advance the Romish Religion and the Professors thereof and judge the said Earl most unfortunate to be charged with an Article of this kinde VI. To the Sixth Article the Earl saith That the Assurances which he gave his late Majesty and his Majesty that now is concerning the Treaties were such That it had been dishonesty and breach of his duty and trust for him to have held them back being the same that were given him by the Emperor and the King of Spain and their Ministers upon as great Assurances as can pass between Ministers of Princes in the like case And for the Delays of Spain they could be never so ill and with so little colour complained of as at the time of his Majesties coming thither for that a certain time was before then prefixed for the coming of the Dispensation viz. in April 1623. at the furthest which was the next moneth after the Princes arival at Madrid the Desponsories were to be within four days following and the Infanta to begin her journey into England twenty days after So as three moneths patience longer would have shewed the issue of the business without putting of the person of the Prince being Heir-Apparant to the Crown in so eminent a hazard for the trying of an experiment And it is an argument of great suspition because the Spaniards were suspected to have dealt falsly and so the less to be trusted with the person of the Prince to be put into their hands to try conclusions But the truth is though that were made the pretended ground and the occasion of the journey it was neither the Assurances of the said Earl nor the Jealousies of Spain
complained of and what punishment it may deserve His fault consisteth in the unjust extorting and receiving the Ten thousand pounds from the East-India Company against their wills by colour of his Office Yet as offenders in this kinde have commonly some colour to disguise and mask their Corruptions so had he His colour was the Release of his pretended right to the Tenth part or some other share of the Goods supposed to be Piratically taken at Sea by the Captain and their Servants of the Company And though his Lordship may perhaps call his act therein a lawful Composition I must crave pardon of your Lordships to say thus That if his supposed right had been good this might peradventure have been a fair Composition The same pretence being unsound and falling away it was a meer naked Bribe and unjust extortion For if way should be given to take money by colour of Releases of pretended rights men great in power and in evil would never want means to extort upon the meaner sort at their pleasures with impunity It remains therefore that I should prove unto your Lordships onely two things First That a pretence of right by the Duke if he had none will not excuse him in this case and in the next place to shew by reason and good warrant That he had in Law no right at all to Release For the former I will relie upon the substance of two noteable presidents of Judgments in Parliament the one antient in the 10 Rich. 2. At which time the Commons preferred divers Articles unto the Lords in Parliament against Michael de la Pool Earl of Suffolk Lord Chancellor of England accusing him amongst other things by the first Article of his Charge That while he was Lord Chancellor he had refused to give Livery to the cheif Master of St. Anthonies of the profit pertaining to that Order till he had security from them with Sureties by Recognisance of Three thousand pounds for the payment of One hundred pounds per annum to the Earl and to Iohn his Son for their lives The Earl by way of Answer set forth a pretended Title in his Son to the cheif Mastership of that Order and that he took that One hundred pound per annum as a Composition for his Sons right The Commons replied shewing amongst other things That the taking of Money for that which should have been done freely was a selling of the Law and so prayed Judgment In conclusion the pretended right of his Son not being just or approved the offence remained single by it self a sale of Law and Justice as the Law termeth it and not a Composition for the Release of his Interest So the Earl for this amongst the rest was sentenced and greatly punished as by the Records appeareth The other President of like nature is more Modern in the Case of the Earl of Middlesex late Lord Treasurer of England who was charged by the Commons in Parliament and transmitted to your Lordships for taking of Five hundred pounds of the Farmers of the Great Customs as a Bribe for allowing of that Security for payment of their Rent to the late Kings Majesty which without such reward of Five hundred pounds he had formerly refused to allow of The Earl pretended for himself That he had not onely that Five hundred pound but Five hundred pounds more in all One thousand pounds of those Farmers for a Release of his Claim to Four of Two and thirty parts of that Farm But upon the proof it appearing to your Lordships That he had not any such part of that Farm as he pretended it was in the Thirteenth day of May in the Two and twentieth year of his late Majesties reign Adjudged by your Lordships in Parliament which I think is yet fresh in your Memories That the Earl for this amongst other things should undergo many grievous Censures as appeareth by the Records of your Lordships house which I have lately seen and perused And now being to prove that the said Duke had no title to any part of the Goods by him claimed against the East-India Company I shall easily make it manifest if his Lordships pretence by his own Allegation in the Admiralty were true That the Goods whereof he claims his share were Piratically taken From which Allegation as he may not now recede so is it clear by Reason and Authority That of such Goods no part or share whatsoever is due to the Lord Admiral in right of his Office or otherways 1. For that the parties from whom the same were taken ought to have restitution demanding it in due and reasonable time and it were an injury to the intercourse and Law of Nations if the contrary should be any way tolerated 2. Secondly by Law for so are the Statutes of this Kingdom and more especially in 27 Edw. 3.13 whereby it was provided That if any Merchant privy or stranger be robbed of his Goods upon the Sea and the same come afterwards into this Realm the owner shall be received to prove such Goods to be his and upon proof thereof shall have the same restored to him again Likewise 1 2 3 Edw. 6.18 in the Act of Parliament touching Sir Thomas Seymour Great Admiral of England who therein amongst divers other things is charged with this That he had taken to his own use Goods Piratically taken against the Law whereby he moved almost all Christian Princes to conceive a grudge and displeasure and by open War to seek remedy by their own hands And therefore for this amongst other things he was attainted of High Treason as appeareth by that Act wherein the Law is so declared to be as before is expressed But if it should be admitted that the Duke had a right in this case for which he might compound yet the manner of his seeking to try and recover such his right is in it self an high Offence and clearly unlawful in many respects whereof I will touch but a few As in making the most Honorable House of Parliament an Instrument to effect his private ends for his profit In proceeding to arest and stay the Ships of men not apt to flie but well able to answer and satisfie any just Suits which he might have against them though their Ships had gone on in their Voyage In prosecuting things so unseasonably and urging them so extreamly by his Advocate for bringing in of so great a sum of money upon the sudden and formally under colour of Justice and Service of the State In reducing that Company into that straight and necessity that it was as good for them to compound though the Duke had no title as to defend their own just right against him upon these disadvantages which by his power and industry he had put upon them Then he read the Seventh and Eighth Articles which he handled joyntly as being not two Charges but two sevearl parts of one and the same Charge and when he had read them he went on speaking further to
memory did procure of the said King the Office of High Treasurer of England to the Lord Vicount M. now Earl of M. Which Office at his procurement was given and granted accordingly to the Lord Vicount M. And as a Reward for the said procurement of the same Grant he the said Duke did then receive to his own use of and from the said Lord Vicount M. the sum of 20000 l. of lawful money of England And also in or about the moneth of Ianuary in the sixteenth year of the Reign of the said late King did procure of the said late King of famous memory the Office of Master of the Wards and Liveries to and for Sir L. C. afterward Earl of M. which Office was upon the same procurement given and granted to the said Sir L.C. And as a reward for the same procurement he the said Duke had to his own use or to the use of some other person by him appointed of the said Sir L.C. the sum of Six thousand pounds of lawful money of England contrary to the Dignity of our Soveraign Lord the King and against the duty that should have been performed by the said Duke unto him These as also the Eleventh Article were enlarged and aggravated by Mr. Pym in this manner My Lords ALthough I know that I shall speak to my own disadvantage yet I shall labor to speak with as little disadvantage to the matter as I can I have no learning or ornament whereby I might shew my self and I shall think it enough plainly to shew the matter For all that I aim at is that I may lose nothing of the Cause And therefore my Lords I shall apply my self with as much convenient brevity as one that knows that your Lordships time is much more precious then my words Your Lordships being such Judges as will measure things by true and natural proportions and not by the proportion of the action or expression The first entrance into my service must be reading the Articles My Lords This Charge for matter of Fact is so notorious and apparent that it needs no proof that these Honors have been procured And therefore I will only insist upon the Consequence First I will shew That by this fact the Duke hath committed a great Offence And secondly That this Offence hath produced a great Grievance to the Commonwealth And I will conclude in strengthening the whole by some Presidents of former times that Parliaments have proceeded in that course in which your Lordships are like to proceed First to prove it a fault or an offence I must prove that there was a duty for every fault presupposeth a duty And in this case the first work is to shew that the Duke was bound to do otherwise For which I need to alleage nothing else then that he is a sworne Servant and Counsellor to the King and so ought to have preferred his Majesties honor and service before his own pride in seeking to Ennoble all that Blood that concerned him And it is not enough to say that it is not questionable For there have been Great men questioned in the like cases There be some Laws made that are particular according to the temper and occasions of several States There are other Laws that be coessential and collateral with Government and if those Laws be broken all things run to disorder and confusion Such is that Rule observed in all States of suppressing Vice to encourage Vertue by apt Punishment and Rewards And this the fittest Law to insist upon in a Court of Parliament when the Proceedings are not limited either by the Civil or Common Laws but matters are adjudged according as they stand in opposition or conformity with that which is suprema lex Salus populi 2. By this late Law whoever moves the King to bestow Honor which is the greatest reward binds himself to make good a double proportion of Merit in that Party who is to receive it The first of value and excellence the second of continuance and durableness And as this Honor sets men up above others so they should be eminent in vertue beyond others As it is perpetual not ending with their persons but descending upon their posterity so there ought to be in the first root of this Honor some such active merit in the service of the Commonwealth as might transmit a vigorous Example to his Successors whereby they may be raised to an Imitation of the like Vertues He said he would for bear to urge this point further out of a modest respect to those persons whom it did collaterally concern professing his Charge to be wholly against the Duke of Buckingham 3. From the consideration of Honor together with the price of Money The which being compared together may be reduced to two heads may it please your Lordships The one being earthly and base may be bought with a proportionable price of white and red earth Gold and Silver The other which is spiritual which is sublime to which Money cannot be a proportionable price Honor is transcendent in regard it was held a sacred and divine thing insomuch that there was a Temple dedicated to her by the Romans And so I conclude by prescription that Honor is a divine thing for the Scripture calls Kings Gods and then those that are about Kings must needs be resembled to those Powers and Principalities that attend next to the Throne And if Honor be such a divine thing it must not then be bought with so base a price as Money 4. Lastly Honor is a Publick thing it is the reward of Publick Deserts And thus your Lordships have seen that the sale of Honor is an offence unnatural against the Law of Nature Now what an offence this is your Lordships may discern considering the kinds of the offence and the Adjuncts which I now fall upon 1. It extremely deâ—lowers the Flowers of the Crown for it makes them cheap to all beholders 2. It takes from the Crown the most fair and frugal Reward of deserving Servants For when Honor comes to be at so mean a rate as to be sold there is no Great man will look after it 3. It is the way to make a man more studious for lucre and gain then of sufficiencie in Vertue when they know that they shall be preferred to Titles of Honor according to the heaviness of purse and not for the weightiness of their merit 4. It introduceth a strange confusion mingling the meaner with the more pure and refined metal 5. Lastly It is a prodigious scandal to this Nation as the House of Commons think For Examples and Presidents I am confident there are none and your Lordships can look for none because it is not parallel'd to any President But certainly it is now a fit time to make a President of this man this great Duke that hath been lately raised to this transcendent height in our Sphere who thinketh he cannot shine enough unless he dim your Lordships Honors in
ever blessed Father in these words That he was commanded by the House concerning the Plaister applied to the King That he did forbear to speak further in regard of the Kings Honor or words to that effect this his Majesty conceiveth to be to his dishonor as if there had been any underhand dealing by his Majesty in applying of the Plaister and this may make his Subjects jealous of his doings In this Point his Majesty is assured that the House did not warrant him Now for that which is excepted against Sir Iohn Elliot his over bitterness in the Aggravation upon the whole Charge and specially upon some of the heads of it For if you please to remember when I moved for putting of the St Peter of Newhaven out of the Charge against the Duke of Buckingham and shewed my reasons for that purpose you know how tender Sir Iohn Elliot was of it as if he had been a child of his own and so carefull in the handling thereof by a Stranger that he would not suffer it to be touched though with never so tender a hand for fear it might prove a Changeling which did manifest how specious soever his pretences were that he had occulum in Cauda And I must confess I was heartily sorry when he delivered his Aggravation to the Lords to see his Tartness against the Duke when as he had occasion to name him he onely gave him this Title of This man and The man whereas the other observed more respect and modesty in their Charges against so great a Person as the Duke is considering that then he was not convicted but stood rectus in Curia Lastly for pressing the death of his late Majesty you know that the Sense of the House concluded That it is only an Act of Presumption nay some of them expresly said Nay God forbid that I should lay the death of the King to his Charge If he without warrant from the House insisted upon the Composition of the Plaister as if there were Aliquid latet quod non patet This was beyond his Commission from our House and this is that which his Majesty doth except against And this I say drew his Majesty with other insolent Invectives to use his Regal authority in committing them to the Tower Sir Dudley Diggs being charged for saying in the matter of applying the Plaister to his late Majesty That he did forbear to speak further of that in regard of the Kings honor or words to that effect There passed a Protestation of every man in particular for himself and it was Ordered in the House That they that were sick in the Town should have three of the House sent to them to take this Protestation likewise I Protest before Almighty God and this House of Parliament That never gave consent that Sir Dudley Diggs should speak these words that he is now charged withall or any words to that effect And I have not affirmed to any that he did speak such words or any to that effect Within few dayes after Sir Dudley being released out of Prison came into the House and made Protestation concerning the Passage whereat his Majesty had taken offence That speaking of the Plaister applied to the Body of the late King he said He would forbear to speak any further of it in regard of the Kings honor He protested that this was far from his words and that it never came into his thoughts And he gave the House great thanks for their respect unto him and said That he had received from his Majesty a gracious testimony of his satisfaction And the King himself signified to the House by the Vice-Chamberlain That he understood out of some Notes which were taken at the Conference that Sir Dudley Diggs had spoken the words wherewith he was charged but now was satisfied that he did not speak them nor any words to such effect Nevertheless the Duke affirmed to the House of Peers that some words were spoken at this late Conference by Sir Dudley Diggs which so far did trench upon the Kings Honor that they are interpreted Treasonable and that had he not been restrained by order of the House he would then have reprehended him for the same He therefore earnestly desired for that divers constructions have been made of those words and for that they have been diversly reported that every one of the said Reporters would be pleased to produce their Notes taken at the Conference This matter was much debated and the House of Peers often put into a Committee and reassumed again but they came to no resolution therein In fine these Lords following to the number of thirty six made this voluntary Protestation upon their Honors That the said Sir Dudley Diggs did not speak any thing at the said Conference which did or might trench on the Kings Honor and if he had they would presently have reprehended him for it The Lord President affirmed That he had reported the words in the same sence they were delivered unto him by the party himself and though the connexion of them require to be explained yet he agreed with the rest of the Lords for the Parties good meaning and made the same Protestation The Lords who Protested were these viz. The Earl of Mulgrave Earl of Cleveland Earl of Westmerland Earl of Bullingbrook Earl of Clare Earl of Denbigh Earl of Cambridge Earl of Devon Earl of Warwick Earl of Northampton Earl of Bridgewater Earl of Montgomery Earl of Nottingham Earl of Lincoln Earl of Essex Earl of Herâ—ford Earl ef Kent Earl of Oxon. Lord Grey of Warke Lord Noell Lord Montague Lord Russel Lord North. Lord Cromwell Lord Vaux Lord Dudley Lord Morley Lord Piercy Lord Bishop oâ— Sarum Lord Bishop of Landaffe Lord Bishop of Chester Lord Bishop of Cov. and Lich. Lord Bishop of Worcester Lord Bishop of Norwich Lord Vicount Say and S. Lord Vicount Rocheford Not long after Sir Iohn Elliot also was released out of the Tower and sent for to come into the House Then the Vice-Chamberlain stood up and by way of Explanation of his former Speech said That he intended not to charge him but to give him an occasion to discharge himself First That all the others had used respective words in the Conference but for the manner of his Speech he conceived it was too tart and harsh to the person of the Duke and that in representing a Character of his minde by comparing him with a strange beast he had out-gone his Commission Secondly That contrary to the sense of the House as if they were ignorant of the return of the ships out of France he said They say they are come but I know it not when the House knew it full well That speaking of the Duke he said That man which phrase in all Languages is accounted a great indignity to persons of Honor That he made scandalous comparisons between the Duke and Sejanus and the Bishop of Ely which was
likewise besides his Charge That he brake off ambiguously and abruptly with a Sentence of Cicero as if something else might be which was not yet discovered Sir Iohn Elliot thanked the Vice-Chamberlain for dealing so plainly with him and giving him occasion to clear himself And to the particular charged against him he answered First considering the Dukes plurality of great and different Offices together with his deceit and fraud in perswading the Merchants to go to Diep there to entrap them in colouring the Designs to the King which he had plotted to serve against those of his Religion in abusing the Parliament at Oxford and disguising his purpose as if the ships were to go to Rochel These particulars being so various and of such a nature he called by the name of Stellionatus from a beast discoloured uncertain and doubtfull that they knew not by what name to call it or by what colour to describe it and these he called a Character of the minde because they lie in the heart and were deceits to abuse the King and Parliament Secondly as to his saying He knew not the ships were come he answered he did not know it then and as yet he knew it not though it was true that he had heard it Thirdly he denied not that speaking of the Duke he sometimes used this word that man though at other times he was not wanting to give him his due titles and said That the Latines speaking of Caesar call him Ille Caesar and that the same is usual in all Languages nor did he think the Duke to be a God Fourthly he conâ—â—ssed That he paralleled him with the Bishop of Ely and Sejanus and though there were many particular censures of that Bishop yet he produced none but such as were within the compass of his Charge nor did he apply the Veneries and Venefices of Sejanus to the Duke but excluded them Lastly touching the Physick of the King he said he brake off so abruptly in aggravation of the Dukes offence who not content with the injury of Justice the wrong of Honor the prejudice of the State nor that of the Revenue his attempts go higher even to the person of the King making on that his practice in such a manner to such an effect that he said he feared to speak nay he doubted to think in which regard he left it as Cicero did another thing Ne gravioribus c. It was then resolved on the Question That Sir Iohn Elliot hath not exceeded the Commission given him in any thing that passed from him in the late Conference with the Lords The like for Sir Dudley Diggs both passed without a Negative the like Vote did pass for Mr Selden Mr Herbert Mr Glanvile Mr Sherland Mr Pym and Mr Wandesford who were also managers at that Conference The King in the time of this Parliament had committed the Earl of Arundel to the Tower but the cause of his Commitment was not expressed yet it was conceived to be about the Marriage of the Lord Maltravers the Earls eldest son to the young Duke of Lenox his sister which was brought about by the contrivance of the Countess of Arundel and the old Dutchess of Lenox The Lords were highly discontented at his commitment in time of Parliament concerning whose Liberties and their own Priviledges they had presented several Petitions to his Majesty but receiving no satisfactory answer thereto agreed on this ensuing Petition occasioned by the release of Sir Dudley Diggs May it please your Majesty THe cause that moves us now to attend your Majesty as at first we did is because we observe that the House of Commons have speedily received a Member of theirs who was committed We the Peers ambitious to deserve of your Majesty and to appear to the eye of the world as much respected in our Rights and Priviledges as any Peers or Commons have ever been acknowledging you a King of as much goodness as ever King was do now humbly beseech that the Earl of Arundel a Member of our House may be restored to us it so much concerning us in point of Priviledge that we all suffer in what he suffers in this Restraint In March last when the Earl of Arundel was committed the House of Lords purposed to take the same into their considerations and so to proceed therein as to give no just cause of offence to his Majesty and yet preserve the Priviledges of Parliament The Lord Keeper of the Great-Seal thereupon signified unto the House that he was commanded to deliver this Message from his Majesty unto their Lordships viz. That the Earl of Arundel was restrained for a misdemeanor which was personal to his Majesty and lay in the proper knowledge of his Majesty and had no relation to matters of Parliament Whereupon the House was put into a Committee and being resumed The Lords Committees for Priviledges c. were appointed to search for Presidents Concerning the commitment of a Peer of this Realm during the time of Parliament and the Lord Chief Justice Mr Justice Doderidge and Mr Justice Yelverton were appointed to attend their Lordships in that behalf The day following the Lord Teasurer delivered another Message from the King in haec verba WHereas upon a Motion made by one of your Lordships the Lord Keeper did yesterday deliver a Message from his Majesty that the Earl of Arundel was restrained for a misdemeanor which was personal to Majesty and lay in the proper knowledge of his Majesty and had no relation to matters of Parliament His Majesty hath now commanded him to signifie to your Lordships that he doth avow the Message in sort as it was delivered to have been done punctually according to his Majesties own Direction and he knoweth that he hath therein done justly and not diminished the Priviledges of that House And because the Committee appointed yesterday to search for Presidents c. had not yet made any Report to the House therefore the directions for this business were suspended for that time Not long after the Earl of Hertford made report to the House That the Lords Committees for Priviledges met on Monday last The first Question that arose amongst them was Whether those Proxies were of any validity which are deputed to any Peer who sitteth not himself in Parliament And it was conceived that those Votes were lost Whereupon the Committee found this House to be deprived of five suffrages by the absence of the Earl of Arundel unto whom they were intrusted And the Committee finding by the Journal Book that the Sub-Committee which was appointed to â—earch Presidents for Priviledges concerning the Commitment of a Peer in the time of Parliament had not yet made report to the House and then considering together their Notes of Presidents whereof they had made search found That no one Peer had been committed the Parliament fitting without trial of Judgement of the Peers in Parliament and that one only President of the Bishop of Winchester
in the Book-Case in the Third year of Edw. 3. which was here urged cannot be proved to be in Parliament time and this the Lords of the Grand-Committee thought fit to offer to the consideration of the House Hereupon the House was moved to give power to the Lords Sub-Committees for Priviledges c. to proceed in the search of Presidents of the Commitment of a Peer of this Realm during the time of Parliament and that the Kings Council might shew them such Presidents as they have of the said Commitment And that the said Sub-Committee may make the Report unto the House at the next access All which was granted and agreed unto and these Lords were called unto the said Sub-Committee viz. The Lord Treasurer Lord President Duke of Buckingham Earl of Dorset Earl of Devon The Earl of Clare The Vicount Wallingford Vicount Mansfield Lord North. And the Kings Council were appointed to attend the Lords The Lord President reported the Proceedings of the said Sub-Committees for Priviledges c. upon Commitment of the Earl of Arundel viz. That the Kings Council had searched and acquainted the Lords Sub-Committees with all that they had found in Records Chronicles and Stories concerning this matter Unto which the said Lords Sub-Committees had given full Answer and also shewed such Presidents as did maintain their own Rights The Presidents being read which for the length we forbear to mention It was resolved upon the Question by the whole House Nemine dissentiente That the Priviledge of this House is That no Lord of Parliament the Parliament sitting or within the usual times of Priviledges of Parliament is to be imprisoned or restrained without Sentence or Decree of the House unless it be for Treason or Felony or refusing to give Surety of the Peace And it was thereupon ordered That the said Lords Sub-Committees for Priviledges c. or any five of them shall meet this afternoon to consider of a Remonstrance and Petition of the Peers concerning the Claim of their Priviledges from Arrests and Imprisonments during the Parliament Which was conceived by the Lords Sub-Committees for Priviledges according to the Order of the House and was read openly viz. May it please your Majesty WE the Péers of this your Realm assembled in Parliament â—inding the Earl of Arundel absent from his place that sometimes in this Parliament sate amongst us his presence was therefore called for But thereupon a Message was delivered unto us from your Majesty by the Lord Kéeper That the Earl of Arundel was restrained for a misdemeanor which was personal to your Majesty and had no relation to matters of Parliament This Message occasioned us to enquire into the Acts of our Ancestors and what in like cases they had done that so we might not erre in any dutiful respect to your Majesty and yet preserve our right and priviledge of Parliament And after diligent search both of all Stories Statutes and Records that might inform us in this case We find it to be an undoubted right and constant priviledge of Parliament That no Lord of Parliament the Parliament sitting or within the usual times of Priviledge of Parliament is to be imprisoned or restrained without Sentence or Order of the House unless it be for Treason or Felony or for refusing to give Surety for the Peace And to satisfie our selves the better we have heard all that could be alleaged by your Majesties Council learned at the Law that might any way weaken or infringe this claim of the Peers And to all that can be shewed or alleaged so full satisfaction hath been given as that all the Peers of Parliament upon the Question made of this Priviledge have una voce consented That this is the undoubted Right of the Peers and hath unviolably been enjoyed by them Wherefore we your Majesties Loyal Subjects and humble Servants the whole body of the Peers now in Parliament assembled most humbly beseech your Majesty that the Earl of Arundel a Member of this Body may presently be admitted with your gracious favor to come sit and serve your Majesty and the Commonwealth in the great Affairs of this Parliament And we shall pray c. This Remonstrance and Petition to this Majesty was approved by the whole House who agreed that it should be presented by the whole House to his Majesty and it was further agreed That the Lord President the Lord Steward the Earl of Cambridge and the Lord Great-Chamberlain should presently go to the King to know his Majesties pleasure when they shall attend him These Lords returning the Lord President reported that his Majesty had appointed that day between two and three of the clock for the whole House to attend him with the said Remonstrance and Petition in the Chamber of Presence at Whitehall And it was agreed That the Lord Keeper should then read the same to the King and present it unto his Majesty The Twentieth of April the Lord President reported the Kings Answer unto the Remonstrance and Petition of the Lords to this effect That their Lordships having spent some time about this business and it being of some consequence his Majesty should be thought rash if he should give a sudden Answer thereto and therefore will advise of it and give them a full Answer in convenient time The 21. of April 1626. It was ordered That the House should be called on Monday next being the 24. of April Which was done accordingly And the Earl of Arundel being called the Lord Keeper signified unto the House That his Majesty had taken into consideration the Petition exhibited by their Lordships the 19. of April concerning the Earl of Arundel and will return an Answer thereunto with all expedition The 2. of May it was ordered That the Lord Keeper should move his Majesty from the House for a speedy and gracious Answer unto the Petition on the Earl of Arundels behalf The 4. of May 1626. the Lord Keeper signified unto their Lordships That according to the Order of the 2. of May he had moved his Majesty from the House on the behalf of the Earl of Arundel Who answered It is a Cause wherein he hath had a great deal of care and is willing to give their Lordships satisfaction and hath it in his consideration how to do it and hath been interrupted by other business wherein Mr. Attorney hath had occasion of much conference with him as their Lordships are acquainted But will with all conveniencie give their Lordships satisfaction and return them an Answer The 9. of May 1626 the House being moved to petition the King touching the Earl of Arundel certain Lords were appointed to set down the form of the said Petition who reported the same in writing as followeth viz. May it please your Majesty WHereas the whole body of the Peers now assembled in Parliament did the 19 day of April exhibit to your Majesty an humble Remonstrance and Petition concerning the Priviledge of Peers
in Parliament and in particular touching the Earl of Arundel whereupon we received a gracious Answer That in convenient time we should receive a fuller Answer which we have long and dutifully attended And now at this time so great a business being in handling in the House we are pressed by that business to be humble suitors to your Majesty for a gracious and present Answer Which being read was approved of by the House and the said Committee appointed to present the same unto his Majesty from the House at such time as the Lord Chamberlain shall signifie unto them that his Majesty is pleased to admit them to his presence The 11 of May the Lord President reported the Kings Answer to the said Petition That he did little look for such a Message from the House That himself had been of the House and did never know such a Message from the one House unto the other Therefore when he received a Message fit to come from them to their Soveraign they shall receive an Answer The Lord President further Reported That the Lords Committees appointed to deliver the Petition to the King did thereupon withdraw and required him humbly to desire his Majesty to be pleased to let them know unto what point of the said Petition he takes this Exception and that his Majesty willed him to say this of himself viz. The Exception the King taketh is at the peremptoriness of the Term To have a Present Answer And the King wonders at their impatience since he hath promised them an answer in convenient time Hereupon the House altered their former Petition leaving out the word Present and appointed the former Committee humbly to deliver the same to his Majesty The 13 of May the Lord President reported the Kings Answer to the Petition viz. It is true the word Present was somewhat strange to his Majesty because they did not use it from one House to another but now that his Majesty knows their meaning they shall know this from him that they shall have his Answer so soon as conveniently he can And this his Majesty will assure them it shall be such an Answer as they shall see will not trench upon the Priviledges of the House The Lords having agreed on another Petition to the King wherein they acknowledged him to be a Prince of as much goodness as ever King was The 19 of May the Lord Chamberlain signified to their Lordships That his Majesty being acquainted therewith is pleased that this House attend him at two of the Clock this day in the Afternoon at Whitehall On which day the Lords delivered the Petition to his Majesty who upon the 20 May returned this Answer My Lords I See that in your Petition you acknowledge me a King of as much goodness as ever King was for which I thank you and I will endeavor by the Grace of God never to deserve other But in this I observe that you contradict your selves for if you believe me to be such as you say I am you have no reason to mistrust the sincerity of my Promises For whereas upon often Petitions made by you unto me concerning this business I have promised to give you a full Answer with all convenient speed by this again importuning of me you seem to mistrust my former promises But it may be said there is an Emergent cause for that I have delivered a Member of the Lower-House In this My Lords by your favour you are mistaken for the Causes do no way agree for that he that was committed of the House of Commons was committed for words spoken before both Houses which being such as I had just cause to commit him yet because I found they might be words onely misplaced and not ill meant and were so conceived by many honest men I was content upon his interpretation to release him without any suit from the Lower-House whereas my Lord of Arundel's fault was directly against my self having no relation to the Parliament yet because I see you are so impatient I will make you a fuller Answer then yet I have done not doubting but that you will rest contented therewith It is true I committed him for a cause which most of you know and though it had been no more I had reason to do it yet my Lords I assure you that I have things of far greater importance to lay to his charge which you must excuse me for not no tell you at this time because it is not yet ripe and it would much prejudice my service to do it and this by the word of a King I do not speak out of a desire to delay you but as soon as it is possible you shall know the cause which is such as I know you will not judge to be any breach of your Priviledges For my Lords by this I do not mean to shew the power of a King by diminishing your Priviledges This Answer being read it was ordered That the Committee for Priviledges should meet and consider how farther to proceed with dutifull respect to his Majesty and yet so as it may be for the preservation of the Priviledges of the Peers of this Land and the Liberties of the House of Parliament The 24 of May the Lord President reported the Petition agreed on by the Lords Committees for Priviledges c. to be presented to the King which was in haec verba May it please your most Excellent Majesty WHatever our care and desire is to preserve our right of Péers yet it is far from our thoughts either to distrust or to press any thing that stands not with the affection and duty of most dutiful and loyal Subjects And therefore in all humility we cast our selves before your Majesty assuring our selves in the word of a King that with all conveniencie possible your Majesty will please either to restore the Peer to his place in Parliament or express such a cause as may not infringe our Priviledges The Petition was generally approved and ordered to be presented to his Majesty by the whole House and the Earl of Carlisle and the Lord Carlton to go presently to know the Kings pleasure when they shall attend his Majesty Who being returned reported That his Majesty hath appointed that Afternoon at two of the clock for the same The 25. of May the Lord Keeper delivered the Kings Answer unto the said Petition to be read in haec verba viz. My Lords YOur often coming to me about this matter made me somewhat doubt you did mistrust me But now I see you rely wholly on me I assure you it shall prevail more upon me then all importunities And if you had done this at first I should have given you content And now I assure you I will use all possible speed to give satisfaction and at the furthest before the end of this Session of Parliament This being read the House was moved the second time That all businesses might be laid
death of his Predecessor namely the fourth day after the Vacancie notwithstanding fourteen days are allowed by the University-Statute His chief strength consisted in the Doctors whereof seventeen were for him and onely one against him and in the Non-Regents who are Masters of Art of five years standing and upward Among the Regents who are Masters under five years thirty more were against him then for him and four whole Colledges were entire against the Duke For notwithstanding all the industry that could be imployed on his behalf there was a Party so diligent and resolute that the same morning the Choice was made they jointly pitch'd upon the Lord Thomas Howard second Son to the late deceased Chancellor and Earl of Berkshire though they had no Head appearing for him nor one man in the Uniuersity that was known to have any reference to him excepting one Mr. Granado Chester who was either his Chaplain or otherwise interessed in him And notwithstanding all disadvantages they lost it for the said Earl but by five Voices for the Duke had but One hundred and eight and the Earl had One hundred and three besides that two of the Dukes were void by Statute as being given to the Vice-Chancellor by compromise to dispose of as he should think fit The Earl of Berkshire being afterwards acquainted with the intentions of the University towards him wrote this Letter to Mr. Chester a Divine related to his Lordship Mr. CHESTER THe infinite obligation which I owe to the University of Cambridge for the late most ample Testimony of their great love and affection towards me imboldens me to borrow your help to make known unto them my unfained thankfulness Wherein I confess that the love and favor which they have expressed unto me joined with the fashion of it doth far exceed the weak expression of so feeble a Stile as mine is For they have been pleased out of their abundant affection to name me to one of the greatest Honors of this Kingdom without any suit or means of mine which was the Chancellorship of the University The Voting whereof in this noble fashion I account as much as could befall me and do receive it with as much thankfulness as if I were in full possession of the Place I must therefore intreat you to disperse this my thankful Acknowledgment to all my worthy Friends there who have so freely bestowed their Voices and unsought for Favors upon me And this labor I do the rather lay upon you because you know I put you to no making means for me which I should undoubtedly have done if I had preconceived any intention of standing for this Dignity so often wedded by men of high Places and Noble Families of this Realm whereof my honored Father deceased enjoyed the last Testimony and my Uncle before him and not ceasing there it was expressed unto me by an hereditary affection Thus much I pray you make known for me with this further assurance That as I had my first Breeding to my great Honor in Cambridge so I will live and die The true Servant of the University Bershire S. James 2 Junii 1626. The Commons being informed of the aforesaid Proceedings in Cambridge directed a Letter to be written to that University to signifie the Houses dislike thereof Whereupon the King signifieth to the House his pleasure by Sir Richard Weston that they forbear to send any such Letter for that the Election had been made by the power of the Charters according to the Rules and Liberties of the University and that if there have been any Error in the form of the Election it belongeth unto his Majesty to examine and reform it and not unto the House To which Message the Commons return this Answer THat they do acknowledge they were about to Write to the University because that the very Election it self whereby the University is committed to the Government of one that is charged and publickly complained of by the Commons in Parliament whereof the Electors are a part is in it self a very great Grievance and prejudicial in example whereof they have Reason to be the more sensible because they are informed that in the manner of the Election there were many passages likewise done in contempt of the House And do humbly beseech his Majesty to believe That neither in this nor any other thing this House did or shall intend to enlarge their own Power and Jurisdiction to the Diminution of his Majesties Right or Prerogative Whereunto his Majesty replied by the said Sir Richard Weston HIs Majesty saith That Cambridge and all Corporations derive there right and priviledge from him and that he hath reason to esteem the Universities above any other and is resolved to defend them against any which either wilfully or by chance shall go about to infringe their Liberties Concerning the Election it self his Majesty is far from conceiving it a Grievance for he never heard that Crimes objected were to be taken as proved or that a man should lose his Fame or good Opinion in the World upon an Accusation onely But whereas you say in the manner of carriage of the Election there were many passages done in it to the contempt of the House His Majesty is well pleased that you enquire and punish the Offenders if there be any that have mis-behaved themselves in that respect But for the Election it self or the Form of it his Majesty doth avow his first Message The Duke returned this Acknowledgment to the University MAster Vice-Chancellor and Gentlemen of the University of Cambridge There is no one thing that concerneth me more near then the good opinion of Good and Learned honest Men Amongst which number as you have ever held the first rank in the estimation of the Common-wealth and fame of the Christian World so in conferring this honor of Chancellorship upon me I must confess you have satisfied a great ambition of mine which I hope will never forsake me and that is To be thought well of by men that deserve well and men of your Profession Yet I cannot attribute this Honor to any desert in me but to the respect you bear to the Sacred memory of my Master deceased the King of Schollars who loved you and honored you often with his presence and to my Gratious Master now living who inherits with his Blessed Fathers Vertues the affection he bore to your University I beseech you as you have now made your choice with so many kinde and noble Circumstances as the Manner is to me as acceptable and grateful as the Matter so to assure your selves That you have cast your Votes upon your Servant who is as apprehensive of the time you have shewed your affection in as of the Honor you have given him And I earnestly request you all that you would be pleased not to judge me comparatively by the success and happiness you have had in your former choice of Chancellors who as they knew better perhaps by
see them earthed before me My Answer to the several points in Charge I shall crave leave to deliver in brief and in form of Law but as naked as truth loves to be and so I leave my self and my cause to your Lordships Justice The humble Answer and Plea of George Duke of Buckingham to the Declaration and Impeachment made against him before your Lordships by the Commons House of Parliament THe said Duke of Buckingham being accused and sought to be impeached before your Lordships of the many Misdemeanors Misprisions Offences and Crimes wherewith he is charged by the Commons House of Parliament and which are comprised in the Articles preferred against him and were aggravated by those whose service was used by that House in the delivery of them Doth finde in himself an unexpressible pressure of deep and hearty sorrow that so great and so worthy a Body should have him suspected of those things which are objected against him whereas had that Honorable House first known the very truth of those particulars whereof they had not there the means to be rightly informed he is well assured in their own true judgments they would have forborn to have charged him therewith The Charge touching Plurity of Offices To the first which concerneth Plurality of Offices which he holdeth he answereth thus That it is true that he holdeth those several Places and Offices which are enumerated in the preamble of his Charge whereof onely three are worthy the name of Offices viz. The Admiralty the Wardenship of the Cinque Ports and Mastership of the Horse the other are rather titulary and additions of Honor. For these Offices he humbly and freely acknowledgeth the bounty and goodness of his most Gratious Master who is with God who when he had cast an Eye of Favor upon him and had taken him into a more near place of service about his Royal Person was more willing to multiply his Graces and Favors upon him then the Duke was forward to ask them and for the most part as many honorable persons and his now most Excellent Majesty above all others can best testifie did prevent the very desires of the Duke in asking And all these particular places he can and doth truly affirm his late Majesty did bestow them of his own Royal motion except the Wardenship of the Cinque Ports onely and thereto also he gave his approbation and encouragement And the Duke denieth that he obtained these places either to satisfie his exorbitant ambition or his own profit or advantage as is objected against him And he hopeth he shall give good satisfaction to the contrary in his particular Answers ensuing touching the manner of his obtaining the places of the Admiralty and the Wardenship of the Cinque Ports whereunto he humbly desireth to refer himself And for the Mastership of the Horse to his Majesty he saith it is a meer domestick office of attendance upon the Kings person whereby he receiveth some profit yet but as a conveniency to render him more sit for his continual attendance and in that place the times compared he hath retrenched the Kings annual charge to a considerable value as shall be made apparent And for the number of places he holdeth he saith That if the Commonwealth doth not suffer thereby he hopeth he may without blame receive and retain that which the liberal and bountiful hand of his Master hath freely conferred upon him And it is not without many Presidents both in Antient and Modern times That one man eminent in the esteem of his Soveraign hath at one time held as great and as many Offices But when it shall be discerned That he shall falsly or corruptly execute those places or any of them or that the Publick shall suffer thereby he is so thankful for what he hath freely received that whensoever his Gratious Master shall require it without disputing with his Soveraign he will readily lay down at his Royal Feet not onely his Places and Offices but his whole Fortunes and his life to do him service But the integrity of his own Heart and Conscience being the most able and most impartial witnesses not accusing him of the least thought of disloyalty to his Soveraign or to his Country doth raise his spirits again to make his just defence before your Lordships of whose Wisdom Justice and Honor he is so well assured That he doth with confidence and yet with all humbleness submit himself and his cause to your Examinations and Judgments before whom he shall with all sincerity and clearness unfold and lay open the secrets of his own actions and of his heart and in his Answer shall not affirm the least Substantial and as near as he can the least Circumstantial point which he doth not believe he shall clearly prove before your Lordships The Charge consisteth of Thirteen several Articles whereunto the Duke saving to himself the usual benefit of not being prejudiced by any words or want of form in his Answer but that he may be admitted to make further explanation and proof as there shall be occasion and saving to him all Priviledges and Rights belonging to him as one of the Peers of the Realm doth make these several and distinct Answers following in the same order they are laid down unto him For his buying of the Admirals place the said Duke maketh this clear and true Answer That it is true that in Ianuary in the Sixteenth year of his late Majesties Raign his late Majesty did by his Letters Patents under the Great Seal of England grant unto the Duke the Office of Admiralty for his life which Grant as he well knoweth it was made freely and without any Contract or Bargain with the late Lord Admiral or any other and upon the voluntary Surrender of that Noble and wel-deserving Lord so he is advised it will appear to be free from any defect in Law by reason of the Statute of 5 Edw. 6. mentioned in this Article of his Charge or for any other cause whatsoever For he saith the true manner of his obtaining this Office and of all the passages thereof which he is ready to make good by Proof was thus That Honorable Lord the late Earl of Nottingham the Lord Admiral being grown much in years and finding that he was not then so able to perform that which appertained to his place as in former times he had done to his great Honor and fearing lest his Majesties service and the Commonwealth might suffer by his defect became an humble and earnest Petitioner to his late Majesty to admit him to surrender his Office His late Majesty was at the first unwilling unto it out of his Royal Affection to his Person and true Judgment of his worth But the Earl renewed his Petitions and in some of them nominated the Duke to be his Successor without the Dukes privity or fore-thought of it And about that time a Gentleman of good place about the Navy and of long experience
of himself came to the Duke and earnestly moved him to undertake the place The Duke apprehending the weight of the place and considering his yong years and want of experience to manage so great a charge gave no ear unto it but excused it not for form but really and ingenuously out of the apprehension of his then unfitness for it This Gentleman not thus satisfied without the Duke applied himself to the late King and moved his Majesty therein and offered Reasons for it That the Duke was the fittest man at that time and as the State of the Navy then stood for that place for he said it was then a time of peace That the best service that could be done for the present was to repair the Navy and Ships Royal which then were much in decay and to retrench the Kings charge and to employ it effectually and that before there was like to be personal use of service otherwise the Duke being yong and active might gain experience and make himself as fit as any other and that in the mean time none was so fit as himself having the opportunity of his Majesties Favor and Means to his Person to procure a constant assignment and payment of moneys for the Navy the want whereof was the greatest cause of the former defects These Reasons perswaded his late Majesty and upon his Majesties own motion perswaded the Duke to take the charge upon him And thereupon the Earl voluntarily freely and willingly and upon his own earnest and often suit surrendred the place without any President Contract or Promise whatsoever which might render the Duke in the least degree subject to the danger of the Law which was not then so much as once thought upon and upon that Surrender the Grant was made to the Duke But it is true That his Majesty out of his Royal bounty for recompence of the long and faithful service of the said Earl and for an honorable memory of his deserts to him and the Crown of England did grant him a Pension of One thousand pounds per annum for his life which in all Ages hath been the Royal way of Princes wherewith to reward antient and well-deserving Servants in their elder years when without their own faults they are become less serviceable to the State And the Duke also voluntarily and freely and as an argument of his noble respect towards so honorable a Predecessor whom to his death he called Father whose Estate â—s he then understood with his late Majesties privity and approbation did send him Three thousand pounds in money which he hopeth no person of worth and honor will esteem to be an act worthy of blame in him And when the Duke had thus obtained this place of great trust he was so careful of his duty that he would not relie upon his judgment or ability but of himself humbly besought his then Majesty to settle a Commission of fit and able persons for the Affairs of the Navy by whose Council and assistance he might manage that weighty business with the best advantage for his Majesties service which Commission was granted and yet continueth and without the advice of those Commissioners he hath never done any thing of moment and by their advice and industry he hath thus husbanded the Kings money and furthered the service that where before the ordinary charge of the Navy was Fifty four thousand pounds per annum and yet the Ships were very much decayed and their Provisions neglected the charge was returned to Thirty thousand pounds per annum and with that charge the Ships all repaired and made serviceable and two new Ships builded yearly and for the two last years when there were no new Ships built the ordinary charge was reduced to Twenty one thousand six hundred pounds per annum And now he dare boldly affirm that his Majesties Navy is in better state by much then ever it was in any precedent time whatsoever For his buying the Wardenship of the Cinque Ports he maketh this plain ingenuous and true Answer That in December in the Two and twentieth year of his late Majesties Raign he obtained the Office of Lord Warden of the Cinque Ports and Constable of the Castle of Dover being one entire Office upon the Surrender of the Lord Zouch then Lord Warden The manner of obtaining whereof was thus The Lord Zouch being grown in years and with his almost continual lameness being grown less fit for that place he discovered a willingness to leave it and made several offers thereof to the Duke of Richmond and Richard Earl of Dorset deceased but he was not willing to part with it without recompence Notice whereof coming to the Duke by an offer made from the Lord Zouch he finding by experience how much and how many ways both the Kings service might and many times did suffer and how many inconveniences did arise to the Kings Subjects in their Goods Ships and Lives by the intermixture of the Jurisdictions of the Admiralty and Wardenship of the Cinque Ports by the emulation disaffection and contention of their Officers as clearly appear by these particulars amongst many others which may be instanced 1. Where the Admiral-Jurisdiction extends generally to all the Narrow Seas the Warden of the Cinque Ports hath and exerciseth Admiral-Jurisdiction on all the Sea Coasts from Show-Beacon in Essex to the Red Noor in Sussex and within those Limits there have been continual differences between the Lord Admiral and the Lord Warden whether the Lord Wardens Jurisdiction extends into the main Sea or onely as far as the low Water Mark and so much further into the Sea as a man on Horsback can reach with a Launce which occasioneth Questions between those cheif Officers themselves 2. There are many and continual differences in executing of Warrants against offenders the Officers of the one refusing to obey or assist the Authority of the other whereby the offenders protected or countenanced by either easily escapeth 3. Merchants and Owners of Goods questioned in the Admiralty are often enforced to sue in both Courts and often enforced for their peace to compound with both Officers 4. The Kings service is much hindred for the most usual and ordinary Rendevouz of the Kings Ships being at the Downs and that being within the Jurisdiction of the Lord Warden the Lord Admiral or Captains of the Kings Ships have no Power or Warrant to press men from the shore if the Kings Ships be in distress 5. When the Kings Ships or others be in danger on the Goodwins and other places within the view of the Portsmen they have refused to help with their Boats lest the Kings Ships should command them on board whereby many Ships have perished and much Goods have been lost 6. When Warrants come to press a Ship at Road for the Kings service the Officers take occasion to disobey the Warrants and prejudice the Kings service For if the Warrant come from the Lord Warden they will pretend
to the Acts and Law of State in that behalf A Committee was appointed to prepare an Answer to his Majesties Letter which was ingrossed and allowed of but the Copy thereof we cannot finde yet the Substance was delivered by the Speaker Sir Henage Finch in these words Most gracious and dread Soveraign ACcording to that liberty of access and liberty of speech which your Majesty and your Royal Progenitors have ever vouchsafed to your House of Commons your Majesties most humble and Loyal Subjects the Commons now assembled in Parliament have been Suitors for this access to your Royal Throne And out of their consideration of the nature and of the weight and importance of the business they have thought the attendance of the whole house with their Speaker not too solemn and yet they have not thought fit barely to commit those words which express their thoughts to the trust of any mans Speech but are bold to present them in writing to your gracious hands that they may not vanish but be more lasting then the most powerfull words of a more able Speaker like to be I have much to read and shall therefore as little as I can weary your Majesty with Speeches This Parchment contains two things the one by way of Declaration to give your Majesty an accompt and humble satisfaction of their clear and sincere endeavors and intentions in your Majesties service and the other an humble Petition to your Majesty for the removal of that great person the Duke of Buckingham from access to your Royal presence For the first They beseech your most excellent Majesty to beleeve that no earthly thing is so dear and precious to them as that your Majesty should retain them in your grace and good opinion and it is a grief to them beyond my expression that any misinformation or misinterpretation should at any time render their words or proceedings offensive to your Majesty It is not proper for any to hear the Eccho of a voice that hears not the voice and if Eccho's be sometimes heard to double and redouble the Eccho of the Eccho is still fainter and sounds not lowder I need not make the Application words misreported though by an Eccho or but an Eccho of an Eccho at a third or fourth hand have oft a lowder sound then the voice it self and may sound disloyalty though the voice had nothing undutifull or illoyal in it Such misinformations they fear have begot those interruptions and diversions which have delayed the ripening and expediting of those great Counsels which concern your Majesties important service and have enforced this Declaration I pass from that to the Petition in which my purpose is not to urge those Reasons which your Majesty may hear expressed in their own words in the language of the people I am onely directed to offer to your great wisdom and deep judgement that this petition of theirs is such as may stand with your Majesties honor and justice to grant Your Majesty hath been pleased to give many Royal Testimonies and Arguments to the world how good and gracious a Master you are and that which the Queen of Sheba once said to the wisest King may without flattery be said to your Majesty Happy are those Servants which stand continually before you But the Relations by which your Majesty stands in a gracious aspect towards your people do far transcend and are more prevalent and binding then any relation of a Master towards a Servant and to hear and satisfie the just and necessary desires of your people is more honorable then any expression of grace to a servant To be a Master of a Servant is communicable to many of your Subjects to be a King of people is Regal and incommunicable to Subjects Your Majesty is truly stiled with that name which the greatest Emperors though they borrowed names and titles from those Countries which they gained by conquest most delighted in Pater Patriae and desires of children are preferred before those of servants and the servant abideth not in the house for ever but the son abideth ever The Government of a King was truely termed by your Royal Father a Politick Marriage between him and his People and I may safely say there was never a better union between a married Pair then is between your Majesty and your People Afterwards the Commons made what haste they could to perfect a Remonstrance or Declaration against the Duke and concerning Tonage and Poundage taken by the King since the death of his Father without consent in Parliament which was no sooner finished but they had intimation the King would that day dissolve the Parliament whereupon they ordered every Member of the House to have a Copy of the Remonstrance And at the same time the Lords prepared this ensuing Petition to stay his purpose in dissolving the Parliament May it please your Excellent Majesty WE your faithfull and loyal Subjects the Peers of this Kingdom having received this morning a Message from your Majesty intimating an intention to dissolve this Parliament remembring that we are your Majesties hereditary great Council of the Kingdom do conceive that we cannot deserve your Majesties gracious opinion expressed in this Message unto us nor discharge our duty to God your Majesty and our Country if after expression of our great and universal sorrow we did not humbly offer our loyal and faithfull advice to continue this Parliament by which those great and apparent dangers at home and abroad signified to us by your Majesties command may be prevented and your Majesty made happy in the duty and love of your people which we hold the greatest Safety and Treasury of a King for the effecting whereof our humble and faithfull endeavor shall never be wanting The Lords sent the Vicount Mandevile Earl of Manchester Lord President of his Majesties Council the Earl of Pembrook the Earl of Carlile and the Earl of Holland to intreat his Majesty to give audience to the whole House of Peers But the King returned Answer That his Resolution was to hear no motion to that purpose but he would dissolve the Parliament and immediately caused a Commission to pass under the Great-Seal to that purpose in haec verba CAROLUS Dei gratia Angliae Scotiae Franciae Hiberniae Rex Fidei Defensor c. Reverendissimo in Christo Patri fideli Consiliario nostro Georgio Archiepisc. Cantuar. totius Angliae Primati Metropolitano Ac perdilecto fideli Consiliar nostro Thomâ—e Coventry militi Dom. Custod Magni Sigilli nostri Angliae Ac etiam Reverendiss in Christo Patri Tobiae Archiep. Ebor. Angliae Primati Metropolitano Nec non charissimis Consanguineis Consiliariis nostris Iacobo Comiti Marlborough Thesaurario nostro Angliae Henrico Comiti Manchester Dom. Presidenti Consilii nosâ—ri Edwardo Comiti Wigorn. Custod Privati Sigilli nostri Georgio Duci Buckingham Magno Admirallo nostro Angliae Willielmo Comiti Pembroke Camerario Hospitii nostri Ac etiam
end will be only rapine and ruine of all is worthy a prudent and preventing care I have thus far delivered with that freedom you pleased to admit such Difficulties as I have taken up amongst the Multitude as may arrest if not remove Impediments to any Supply in Parliament Which how to facilitate may better become the care of your Judgments then my Ignorance Only I could wish to remove away a personal distaste of my Lord Duke of Buckingham amongst the people He might be pleased if there be a necessity of a Parliament to appear first Adviser thereunto and of the satisfaction it shall please his Majesty of grace to give at such time to his people which I would wish to be grounded by president of his best and fortunate Progenitors And which I conceive will satisfie the desires and hopes of all if it may appear in some sort to be drawn down from him to the people by the zealous care industry that my Lord of Buckingham hath of the publick unity and content By which there is no doubt but he may remain not only secure from any further quarrel with them but merit a happy memory amongst them of a zealous Patriot For to expiate the passion of the people at such times with sacrifice of any of his Majesties Servants I have found it as in Ed. 2. Rich. 2. Hen. 6. no less fatal to the Master then to the Ministers in the end These and such like Considerations being represented to the King Ian. 29. A Resolution is taken at the Council-Table to call a Parliament to meet the 17. of March following And now Warrants are sent according to a preceding Order made in this moneth to all parts to release the Imprisoned Gentry and confined Gentlemen for the business of the Loan-money And as fast as Writs came to the Counties and Boroughs to choose Members for Parliament those Gentlemen who suffered for the Loan were chiefly in the Peoples eye to be elected to serve for them in the ensuing Parliament to present their Grievances and assert their Liberties The Names of the Gentry who about the time that Writs issued out for a Parliament were released out of Restraint and Confinement appear by the ensuing Order and List. At Whitehall Present The Kings Majesty Lord Treasurer Lord President Lord Admiral Lord Steward Lord Chamberlain Earl of Suffolk Earl of Dorset Earl of Salisbury Earl of Morton Lord Viscount Conway Lord Bishop of Durham Lord B. Bath and Wells Mr. Treasurer Mr. Comptroller Master of the Wards Mr. Secretary Cook Mr. Chancellor of the Exchequer Mr. Chancellor of the Duchy IT is this day Ordered by His Majesty being present in Council That the several persons hereunder written shall from henceforth be discharged and set at liberty from any Restraint heretofore put upon them by His Majesties Commandment And hereof all Sheriffs and other Officers are to take notice Knights Sir Iohn Strangewayes Sir Thomas Grantham Sir William Armin Sir William Massam Sir William Wilmore Sir Erasmus Drailon Sir Edward Aiscough Sir Nathanael Barnardiston Sir Robert Poyntz Sir Beacham St. Iohn Sir Oliver Luke Sir Maurice Berkley Sir Thomas Wentworth Sir Iohn Wray Sir William Constable Sir Iohn Hotham Sir Iohn Pickering Sir Francis Barrington Sir William Chancey Esquires William Anderson Terringham Norwood Iohn Trigonwell Thomas Godfrey Richard Knightley Thomas Nicholas Iohn Hampden George Ratcliffe Iohn Dulton Henry Pool Nathanael Coxwell Robert Hatley Thomas Elmes Gent. Thomas Wood Iohn Wilkinson William Allen Thomas Holyhead All these remained confined to several Counties Knights Sir Walter Earl Sir Thomas Darnell Sir Harbotle Grimston Esquire George Catesby Londoners Edward Hooker George Basset Londoners Iames Wooldrond Londoners Henry Sanders Londoners All Prisoners in the Fleet. Knights Sir Iohn Corbet Sir Iohn Elliot Esquire William Coriton Londoners Iohn Stevens Thomas Deacon Iohn Potter In the Gate-house Knight Sir Iohn Heveningham Londoners Samuel Vassal William Angel In the Marshalsey Londoners William Savage Mathanael Manesty In the New-Prison Londoners Robert Lever Iohn Peacock Edward Ridge Iohn Oclabery Andrew Stone William Spurstow Roger Hughes Iohn Pope Iames Bunch Thomas Garris Iames Waldron Iohn Bennet Ambrose Aylot Thomas Sharp Thomas Totham Augustine Brabrook Robert Payne Edward Talston Iohn Whiting Thomas Webb Iohn Ferry All in the Custody of a Messenger Orders issued also from the Council to the Lord Major and Aldermen of London To use moderation in the demanding of the Loan-money from those of the City of London who deferred paiment And now Archbishop Abbot the Earl of Bristol and the Bishop of Lincoln notwithstanding the cloud they were under are had in consideration by the King and Council and Writs are ordered to be sent unto them to sit in the House of Peers the ensuing Parliament After the Writs of Summons went forth the King gave direction for a Commission to raise monies by Impositions in nature of an Excise to be levied throughout the Nation to pass under the Great Seal And at the same time ordered the Lord Treasurer to pay Thirty thousand pounds to Philip Burlemac a Dutch Merchant in London to be by him returned over into the Low-Countries by Bill of Exchange unto Sir William Balfour and Iohn Dalbier for the raising of a Thousand Horse with Arms both for Horse and Foot The supposed intent of which German Horse was as was then feared to inforce the Excise which was then setting on foot The Council also had then under consideration the Levying of Ship-money upon the Counties to raise the King a Revenue that way But now that a Parliament was called the Council held it unfit and unseasonable to debate these matters any further at that time A little before the Parliament assembled a Society of Recusants was taken in Clerkenwell Divers of them were found to be Jesuites and the House wherein they were taken was designed to be a Colledge of that Order Among their Papers was found a Copy of this Letter written to their Father Rector at Bruxels discovering their Designs upon this State and their Judgment of the temper thereof with a Conjecture of the success of the ensuing Parliament Father Rector LEt not the damp of Astonishment seise upon your ardent and zealous soul in apprehending the sudden and unexpected Calling of a Parliament We have not opposed but rather furthered it So that we hope as much in this Parliament as ever we feared any in Queen Elizabeth's days You must know the Council is engaged to assist the King by way of Prerogative in case the Parliamentary way should fail You shall see this Parliament will resemble the Pelican which takes a pleasure to dig out with her beak her own bowels The Election of Knights and Burgesses hath been in such confusion of apparent Faction as that which we were wont to procure heretofore with much art and industry when the Spanish Match was in Treaty now breaks out naturally as a botch or boil and
and other Lands to the said Title of Earl of Arundel 11. An Act to assure the Joynture of the Lady Francis Nevil and to enable the Lord Abergavenny to sell Lands 12. An Act concerning the Lands of William Earl of Devon 13. An Act to confirm the Estates of the Lord Morlies Tenants in Tatham and Gressingham 14. An Act for reestating of Lands of William Morgan Esq and discharging the trust concerning them 15. A Declararation of the Commons against Doctor Manwaring 16. An Act to enable Dutton Lord Gerrard to make a Joynture to any Wife that he shall hereafter marry and to provide for younger children and the securing of Portions for Alice Frances and Eliz. Gerrard sisters of the said Lord Gerrard 17. An Act for restitution in blood of Carew Rawleigh Esq and to confirm Letters Patents made to the Earl of Bristol by King James 18. An Act for the Naturalizing of Isaac Ashley Henry Ashley Thomas Ashley and Bernard Ashley sons of Sir Jacob Ashley Knight 19. An Act for Naturalizing of Samuel Powel 20. An Act for the naturalizing of Alexander Levingston Gent. 21. An Act for the naturalizing of John Trumbal and of William Beere Edward Beer and Sidney Beere and Samuel Wentworth 22. An Act for the amendment of a word miswritten in an Act made An. 21. Iac. R. to enable Vincent Lowe Esq. to sell Lands c. 23. An Act for naturalizing of Sir Robert Ayton Knight 24. An Act for confirmation of Letters Patents made by King James to John Earl of Bristol 25. An Act for naturalizing of John Aldersey Mary Aldersey Anne Aldersey Eliz. Aldersey and Margaret Aldersey c. 26. An Act for the naturalizing of Daniel Delingue Knight 27. An Act for the naturalizing of Sir Robert Dyel Kt. and George Kirk Esquire 28. An Act for the naturalizing of James Freese In the Interval between the two Sessions there happened many remarkable passages DOctor Manwarings Sermons intituled Religion and Allegiance were suppressed by Proclamation the King declaring that though the grounds thereof were rightly laid to perswade obedience from Subjects to their Sovereign and that for conscience sake yet in divers passages inferences and applications thereof trenching upon the Laws of this Land and proceedings of Parliaments whereof he was ignorant he so far erred that he had drawn upon himself the just censure and sentence of the High Court of Parliament by whose judgement also that Book stands condemned Wherefore being desirous to remove occasions of scandal he thought fit that those Sermons in regard of their influences and applications be totally suppressed Then a Proclamation came forth declaring the Kings pleasure for proceedings with Popish Recusants and directions to his Commissioners for making compositions for two parts of three of their Estates which by Law were due to his Majesty neverthelesse for the most part they got off upon easie tearms by reason of compositions at undervalues and by Letters of Grace and protection granted from time to time to most of the wealthiest of them This was seconded with another Proclamation commanding that diligent search be made for all Priests and Jesuites particularly the Bishop Calcedon and others that have taken Orders by authority from the See of Rome that they be apprehended and committed to the Goale of that County where they shall be found there to remaine without Bayle or Mainprize till they be tryed by due course of Law and if upon trial and conviction there shall be cause to respit the execution of any of them they shall not lie in the Common Goals much lesse wander about at large but according to the example of former times be sent to the Castle of Wisbitch or some other safe prison where they shall remain under strait and close custody and be wholly restrained from exercising their function and spreading their superstitious and dangerous doctrines Hereupon the Privy Councel wrote to the Bishop of Ely a Letter of the tenour following WHereas his Majestie hath beene informed that the Romish Priests Jesuites and Seminaries lurking in this Kingdome do obstinately and maliciously continue their wonted practises to supplant the true Religion established and to seduce his people from obedience stirre up sedition and subvert the State and Government so far as it lieth in their power his Majesty hath therefore commanded us to signifie unto your Lordship that it is his expresse will and pleasure according to his Declaration in Parliament and his Royal Proclamation since published you shall forthwith prepare and make ready the Castle of Wisbitch in the Isle of Ely to receive and lodge all such Priests Jesuites and Seminaries and other prisoners as shall be hereafter sent thither and there treat and governe them according to such instructions and directions as shall be prescribed by this board The Jesuites taken in Clarken-well being then in several prisons it was ordered by the Councel they should all be removed to Newgate and such of them as were not as yet convicted and condemned should be proceeded against untill they were condemned and then that they all should be sent to the Castle of VVisbitch according to the Proclamation in that behalf and the Attorney General was required to take course to entitle the King to the goods taken in the house which was designed for a Colledge and accordingly they were proceeded against and but onely one convicted which proceeding was questioned in the ensuing Session of Parliament And upon Information that there was a greater concourse of Recusants in or near London then had been usual at other times the Privy Councel sent to the Lord Mayor to require him to cause diligent search to be made within the City and Liberties thereof and to finde out what Recusants did inhabit or remaine there as House-keepers Inmates or Lodgers or in any manner and to return a certificate to the board both of their names and qualities distinguishing which were Trades-men that were there by occasion of their Trades according to to the Statute in that behalf and which were of no Trade but resorted thither from other parts of the Kingdom Iuly 15. being St. Swithins day Sir Richard VVeston Chancellor of the Exchequer was made Lord Treasurer of England and the same day was Bishop Laud translated to the Bishoprick of London About the same time Master Montague formerly mentioned was designed to the Bishoprick of Chichester upon the decease of Bishop Carleton Neverthelesse his Appello Caesarem was thought fit to be called in the King declaring that out of his care to maintain the Church in the unity of true Religion and the bond of peace to prevent unnecessary disputes he had lately caused the Articles of Relgion to be reprinted as a rule for avoiding diversities of opinions and considering that a Book written by Richard Montague now Bishop of Chichester intituled Apello Caesarem was the first cause of those disputes and differences which since have much troubled the quiet
of the Church he would take away occasion by commanding all persons that had any of those Books in their hands to deliver them to the Bishop of the Diocesse or if it be in either Universities to the Chancellor and Vice-Chancellor thereof who were commanded to suppresse them And if any by preaching reading or making of Books pro and contra concerning those unnecessary questions shall revive the difference he was resolved to take such order with them and those Books as they shall wish they had never thought upon those needlesse Controversies But ere this Proclamation was published the Books were for the most part vented and out of danger of seasure and the suppressing of all writing and preaching in Answer thereunto was it seems by some the thing mainly intended for the several answers made by Doctor Featly and Doctor Goad in their parallels by Master Burton Master VVard Master Yates Master VVotton as also by Francis Rows Esq in a Book called King Iames his Religion were all suppressed and divers of the Printers questioned in the high Commission Moreover Bishop Montague and Doctor Manwaring procured a Royal pardon of all Errors heretofore committed by them either in speaking writing or printing for which they might be hereafter questioned And Doctor Manwaring censured by the Lords in Parliament and perpetually disabled from future Ecclesiastical preferments in the Church of England was immediately presented to the Rectory of Stamford-Rivers in Essex and had a dispensation to hold it together with the Rectory of St. Giles in the fields The Town of Rochel was at this time straitly beleagured by the French King and the King of England had prepared a Fleet to relieve it under the Command of the Duke of Buckingham who being advanced as farre as Portsmouth on Saturday August 23. being Bartholomew Eve was suddenly slain in his own Lodgings there by one Leivtenant Felton about nine in the morning who with one blow having got a knife for the purpose struck the Duke under the left rib and up into the heart leaving the knife in his body and got away undiscovered In the fall to the ground the Duke was heard to say The villaine hath killed me Company coming presently in found him weltring in his blood and each person looking upon another marvelled who should do so horrid an act a jealousie was presently had of Monsieur Sobeez who was then there labouring for speedy relief to be sent to Rochel but he protesting his innocency Felton immediately stept out and said I am the man that did the deed let no man suffer that is innocent whereupon he was immediately apprehended sent to London and there imprisoned The King was within four miles of Portsmouth when the news was brought him of the death of the Duke he bid secure the murderer and Bishop Laud had advertisement of his death the 24th of August being then at Croiden with Bishop Neal and other Bishops consecrating Bishop Montague for Chichester Notwithstanding the death of the Duke the King pursued the design of relieving Rochel and again set out a Fleet with provision and fire-ships to put relief into the Town the Fleet went from Plymouth the beginning of September did several times attempt the Barricado but in vaine and so was enforced to give over any further attempt which the Rochellers perceiving gave themselves for lost and immediately came to a capitulation upon very mean tearmes as to themselves yet Lowes King of France was careful by Articles had they been performed that those outrages should not be committed upon the entry of the Town which the few remaining inhabitants were much afraid of and afterwards felt and so mixt mercy with his conquest yet presently after high outrages were committed and great was the persecution of the Reformed Churches which constrained them again to send to the King of England to implore aid with these expressions that what they writ was with their teares and their blood but the treaty being shortly after made between the two Crowns all things were setled in peace between the King and those of the reformed Religion Concerning the state of Rochel at the surrender we have seen a Relation to this purpose that the misery of the besieged was almost incredible having lived long upon Horse-flesh Hides and Leather Dogs and Cats hardly leaving a Horse alive still in hopes that the relief promised from England would prove effectual to them they held it so long till they were but about four thousand left alive of fifteen thousand souls most of them died with famine and when they begun to be pinched with the extremity of hunger they died so fast that they usually carried their Coffins into the Church-yard and other places and there laid themselves in and died great numbers of them being unburied when the forces of the King of France entred the Town and many corps eaten with Vermin Ravens and Birds The Fleet which thus put to sea for the Relief of Rochel was defective both in victuals which was tainted and in tackling and other materials insomuch as at the return thereof information being given to the King and Council of divers defaults and defects in the said ships victuals and provision of this and the former expedition to Rochel and in the discipline and performance of Commands and resolutions taken in that action to the great prejudice of the service it was ordered that the Earls of Denbigh Linsey and Morton and the Lord Wilmott and Master Secretary Cook should forthwith meet together and consider of the Relation made by the Earl of Linsey and inform themselves of defaults in the particulars before mentioned and make report thereof to the Board The Scots under the command of the Earl Morton and some Irish also were sent to quarter in the Isle of VVeight which Island was unacquainted with the quartering of Forreigners In Essex many robberies and outrages wâ—re committed by the Souldiers then returned from Sea Whereupon the Privy Councellors required the Justices of Peace in that County to choose a Provost Marshal for the apprehending of all such as wandred up and down the Country or behaved themselves dissorderly that they might be punished according to Law and to cause strong guards and watches to be kept in all passages And upon advertisement of some hostile preparations from forraign enemies the Privy Councel taking care for securing the coasts in Kent Sussex Hampshire Dorcetshire and Devonshire renued their directions to the Lords of those Counties for the careful watching of Beacons c. About the time the Fleet went last to the relief of Rochel the King being solicited by the Ambassadours of the King of Denmark and the united Provinces to send shipping to secure the Elbe and men for the defence of Lackstat resolved upon the sending of five Ships accordingly but first to dispatch the men for the relief of the Town the preservation whereof did mainly impart
called to the Councel-board at Hampton Court about some things which were complained of in reference to the Customs did then and there in an insolent manner in the presence or hearing of the Lords and others of his Majesties Privy Council then sitting in Counsel utter these undutiful seditious and false words That the Merchants are in no part of the World so skrewed and wrung as in England That in Turky they have more incouragement By which words he the said Richard Chambers as the Information setteth forth did endeavor to alienate the good affection of his Majesties Subjects from his Majesty and to bring a slander upon his just Government and therefore the Kings Attorney prayed process against him To this Mr. Chambers made answer That having a Case of silk Grogerams brought from Bristol by a Carrier to London of the value of 400. l. the same were by some inferior Officers attending on the Custome-house seized without this Defendants consent notwithstanding he offered to give security to pay such Customs as should be due by Law and that he hath been otherwise grieved and damnified by the injurious dealing of the under-Officers of the Custome-house and mentioned the particulars wherein and that being called before the Lords of the Council he confesseth that out of the great sence which he had of the injuries done him by the said inferior Officers he did utter these words That the Merchants in England were more wrung and screwed then in forreign Parts Which words were onely spoken in the presence of the Privy-Council and not spoken abroad to stir up any discord among the people and not spoken with any disloyal thought at that time of his Majesties Government but onely intending by these words to introduce his just Complaint against the wrongs and injuries he had sustained by the inferiour Officers and that as soon as he heard a hard construction was given of his words he endeavoured by petition to the Lords of the Council humbly to explain his meaning that he had not the least evil thought as to his Majesties Government yet was not permitted to be heard but presently sent away prisoner to the Marshalsea and when he was there a prisoner he did again endeavour by petition to give satisfaction to the Lords of the Council but they would not be pleased to accept of his faithful explanation which he now makes unto this honourable Court upon his Oath and doth profess from the bottom of his heart That his speeches onely aimed at the abuses of the inferiour Officers who in many things dealt most cruelly with him and other Merchants There were two of the Clerks of the Privy-Council examined as Witnesses to prove the words notwithstanding the Defendant confessed the words in his Answer as aforesaid who proved the words as laid in the Information And on the sixth of May 1629. the Cause came to be heard in the Star-Chamber and the Court were of opinion that the words spoken were a comparing of his Majesties Government with the Government of the Turks intending thereby to make the people believe that his Majesties happy Government may be tearmed Turkish Tyranny and therefore the Court fined the said Mr. Chambers in the sum of 2000 l. to his Majesties use and to stand committed to the prison of the Fleet and to make submission for his great offence both at the Council-board in Court of Star-Chamber and at the Royal Exchange There was a great difference of opinion in the Court about the Fine and because it is a remarkable Case here followeth the names of each several person who gave sentence and the Fine they concluded upon viz. Sir Francis Cottington Chancellour of the Exchequer his opinion was for 500 l. Fine to the King and to acknowledge his offence at the Council-board the Star-Chamber-Bar and Exchange Sir Tho. Richardson Lord chief Justice of the common pleas 500 l. Fine to the King and to desire the Kings favour Sir Nicholas Hide Lord chief Justice of the Kings Bench 500 l. and to desire the Kings favour Sir Iohn Cook Secretary of State 1000 l. Sir Humphry May Chancellour 1500 l. Sir Thomas Edmons 2000 l. Sir Edward Barret 2000 l. Doctor Neal Bishop of Winchester 3000 l. Doctor Laud Bishop of London 3000 l. Lord Carlton principal Secretary of State 3000 l. Lord Chancellour of Scotland 2000 l. Earl of Holland 1500 l. Earl of Doncaster 1500 l. Earl of Salisbury 1500 l. Earl of Dorset 3000 l. Earl of Suffolk 3000 l. Earl of Mountgomery Lord Chamberlain 1500 l. Earl of Arundel Lord High Marshal 3000 l. Lord Montague Lord Privy Seal 3000 l. Lord Connoway 2000 l. Lord Weston Lord Treasurer 3000 l. Lord Coventry Lord Keeper of the Great Seal 1500 l. So the fine was setled to 2000 l. And all except the two Chief Justices concurred for a submission also to be made And accordingly the copy of the submission was sent to the Warden of the Fleet from Mr. Atturny General to shew the said Richard Chambers to perform and acknowledg it and was as followeth I Richard Chambers of London Merchant do humby acknowledge that whereas upon an Information exhibited against me by the Kings Atturney General I was in Easter Term last sentenced by the Honourable Court of Star-Chamber for that in September last 1628. being convented before the Lords and others of his Majesties most Honourable Privy-Council Board upon some speeches then used concerning the Merchants of this Kingdom and his Majesties well and gracious usage of them did then and there in insolent contemptuous and seditious manner falsly and maliciously say and affirm That they meaning the Merchants are in no parts of the world so skrewed and wrung as in England and that in Turky they have more incouragement And whereas by the sentence of that Honorable Court I was adjudged among other punishments justly imposed upon me to make my humble acknowledgment and submission of this great offence at this Honorable Board before I should be delivered out of the Prison of the Fleet whereto I was then committed as by the said Decree and Sentence of that Court among other things it doth and may appear Now I the said Richard Chambers in obedience to the Sentence of the said Honorable Court do humbly confess and acknowledg the speaking of these words aforesaid for the which I was so charged and am heartily sorry for the same and do humbly beseech your Lordships all to be Honorable intercessors for me to his Majesty that he would be graciously pleased to pardon that graet error and fault so committed by me When Mr. Chambers read this draught of submission he thus subscribed the same All the abovesaid Contents and Submission I Richard Chambers do utterly abhor and detest as most unjust and false and never to death will acknowledge any part thereof Rich. Chambers Also he under-writ these Texts of Scripture to the said Submission before he returned it That make a man an offender
Articles of Marriage p. 86. The Oath taken by him p. 88. Swears to private Articles p. 88 89. And afterwards findes delays in Spain p. 102. Resolves to depart thence and leave a Proxy with Bristol p. 103. Feasts the Spanish Dons aboard his Ship p. 104. Arrives safe in England ibid. Left private Instructions with Bristol to contradict the Proxy ibid. Attests the Dukes Narrative in Parliament p. 119 Is Proclaimed King p. 169. New swears the old Privy Council ibid. Pursues their Advice p. 170. Puts forth a Proclamation of Government p. 171. Attends in person his Fathers Funeral ibid. Continues the Duke intimately in favor ibid. Levies Soldiers for the Palatinate p. 172. Signs the Articles of Marriage with France ibid. The Marriage solemnised in France p. 173. Sends the Duke of Buckingham into France to attend the Queen into England p. 174. And meets the Queen at Dover ibid. The Marriage consummated at Canterbury ibid. Brings her to London ibid. His first Speech in Parliament p. 175. The Lord Keepers Speech by his direction p. 176. Owns Montague as his servant p. 178. Adjourns the Parliament to Oxford ibid. His Ships employed against Rochel ibid. His Speech at the Parliament in Oxford p. 181. Seconded by the Lord Conway and Secretary Cook p. 182. He Answers the Commons Petition against Recusants p. 185. Sends a Message for supply p. 194. The Commons insisting still upon grievances he dissolves the Parliament p. 195. And follows his design of War ibid. Sends out Privy Seals for money p. 196. Disarms Recusants p. 198. Sends out his Fleet and Army under command of Viscount Wimbleton p. 198 199. Their unsuccessful Voyage p. 200. He now prohibites trade with Spain p. 201. Takes the Seal from Lord Keeper Williams p. 202. Calls a Parliament ibid. Prepares for his Coronation p. 203. Commands all of Forty pound per annum to appear and receive the Order of Knighthood ibid. The manner of his Coronation p. 204. The King is present at the opening of the second Parliament p. 206. And commands the Lord Keeper Coventry to speak what he intended himself to have said ibid. Forbids resort to hear Mass p. 216. The Kings Letter to the Commons to hasten supply p. 218. Seconds it with a Message p. 219. To which the Commons sent an Answer p. 220. The Kings Reply ibid. And sends another Message concerning Mr. Cook and Doctor Turner p. 222. Three Subsidies and three Fifteens Voted to be given him p. 225. And hot Debate against the Duke ibid. Whereupon the King speaks to the Parliament ibid. And refers to the Lord Keeper to speak further p. 225 226 c. And speaks again himself p. 229. His Speech explained by the Duke ibid. Receives a Petition touching Nobility p. 237. His Letter to Bristol p. 241. His Message concerning Bristol p. 243. Receives a Remonstrance from the Commons concerning the Duke p. 247. Adjourns the Parliament for a week p. 250. He is attended by some Bishops concerning the Duke p. 251. Leaves the House at liberty to present the matter concerning the Duke p. 252. His Message on behalf of the Duke against Bristol p. 260. His Speech on behalf of the Duke p. 361. Commits Sir Dudley Diggs and Sir John Elliot p. 362. Releases them p. 364. His Message concerning the Earl of Arundel p. 368. His Answer to the Lords Petition p. 371 372. His further Answer concerning the Earl of Arundel p. 373. Another Message from the King concerning the said Earl p. 374 375. The Earl of Arundel set at liberty p. 375. His Message to the Parliament that they hinder not the Election of the Duke as Chancellor of Cambridge p. 376 377. His Letter to that University on the Dukes behalf p. 378. His Letter to the Speaker concerning Supply p. 394. The Commons Petition him against Recusants p. 395. A Speech made to him by Sir Hennage Finch concerning the Duke p. 401. His Commission to dissolve the Parliament p. 403 The Parliaments Remonstrance to him p. 404 405 c. His Proclamation against the said Remonstrance p. 415. And another against disputing about Arminian Controtroversies p. 416. Causes an Information to be preferred against the Duke p. 417. Prohibites the Book of Bounty ibid. Takes the Forfeiture arising from Recusants ibid. Grants a Commission to compound with Recusants p. 418. His Proclamation to make his Revenue certain ibid. Sends to his Nobles to lend him money ibid. Demands of the City of London the Loan of One hundred thousand pounds p. 419. Requires Port Towns to furnish Ships ibid. Which the Ports in Dorsetshire dispute ibid. The City of London the like and are checked ibid. Issues forth Privy Seals p. 420. Requires inhabitants in Port Towns to repair to their Houses ibid. Sends Ships to the River Elbe ibid. Declares the King of Denmarks overthrow to be one ground of the Loan p. 422. Puts forth a Declaration concerning the Loan ibid. Gives private Instructions concerning the Loan ibid. Grants a Commission for Martial Law p. 423. Displaces Sir Randal Crew about the Loan and makes Sir Nicholas Hide Chief Iustice p. 424. Sends Six thousand English into the Netherlands pag. 425. Makes Sir Charles Morgan General of them ibid. Causes refusers of Loan money to be pressed for Soldiers p. 426. Dissatisfied with the French about the Queen p. 427. and dismisses them p. 428. His Declaration concerning a War with France p. 429. Makes the Duke of Buckingham Admiral and General and gives him a Commission ibid. Secures several Gentlemen for not paying the Loan money p. 433. Grant a Commission to sequester Archbishop Abbot p. 435. Appoints a supply to be sent to the Duke under the Earl of Holland p. 466. A List of the Debt the King owes for Fraights of Ships upon the two Expeditions to Cadize and Rhee p. 470. Calls a Parliament p. 476. Set at liberty the imprisoned Gentlemen about the Loan money p. 477. A List of those Gentry imprisoned by the King about Loan money ibid. His Commission for an Imposition in nature of an Excise considered of p. 478. His Privy Seal to pay Thirty thousand pound for raising of German Horse ibid. His Speech at the opening of the Third Parment p. 480. Lord Keepers Speech by his direction p. 481. The Speakers Speech to him p. 484. Petition to him for a Fast p. 494. His propositions for supply p. 502. His Propositions touching supply again mentioned p. 509. His Answer to the Petition against Recusants p. 511. His Propositions debated p. 525 526. His Message concerning words said to be spoken p. 529. Another Message to secure Liberties by Bill p. 530 531. Subsidies resolved to be presented unto him ibid. The Kings Answer concerning the same ibid. The Dukes Speech concerning the Commons liberal gift to the King ibid. A Message from him against a Recess at Easter p. 543. A Message from the King to hasten supply p. 544. The Speakers Speech unto him at the delivery of the Petition against Billeting
Moneys disbursed for the War delivered to the Commons p. 236. The Commons present a Remonstrance to the King p. 247. And send a Message to the Duke p. 251. Afterwards prefer an Impeachment against him p. 307. Managed at a Conference by Eight Members p. 306 307 308 c. Their Message to secure the Duke p. 361. Discontented at the Commitment of Sir John Elliot p. 362. Their Protestation concerning him and Sir Dudley Diggs p. 364 365. A great contest in the House of Peers concerning the imprisonment of the Earl of Arundel p. 367 368 c. The Commons dissatisfied that the Duke is chosen Chancellor of Cambridge p. 376 377. The Lords Petition to the King to stay the dissolving of the Parliament p. 402. A Commission to dissolve the Parliament p. 403. The Commons Remonstrance p. 404 405 c. The Kings Declaration against the Commons Remonstrance Appendix p. 1. A Speech to the Parliament without doors p. 485. A Grand Committee setled p. 494. Debates in Parliament as to grievances p. 496. The Parliament Debates the business of the Habeas Corpus p. 502. Arguments about it p. 503 504 c. A Conference about the Petition of Right p. 533. Their petition about the Billeting of Soldiers p. 548. Archbishop Abbot his Speech concerning the Petition of Right p. 552. Propositions tendered by the Lords instead of the Petition of Right p. 553. The Commons dissatisfied with the Propositions p. 554. They meet the 20 of January p. 655. Make enquiry about the Petition of Right and the violation thereof ibid. A Report from the Committee concerning Religion p. 658. The Vow of the House of Commons p. 666. Several debates about Tonnage and Poundage ib. The King commands the Speaker not to put the Question p. 670. Debates thereupon ibid. The Speaker held in the Chair ib. The King sends the Usher of the Black-Rod and he is not admitted ibid. The King grants Warrants to apprehend several Members of Parliament p. 671. His Speech at the dissolution of the Parliament p. 672. Members of Parliament are examined before the Lords of the Council ibid. Questions propounded by the Iudges concerning the imprisoned Members ibid. Paul Sir George p. 244 Pembroke Earl p. 217 Pennington Captain p. 179 334 335 Petition of right p. 597 598 Perrot Sir James p. 55 Phillips Sir Robert p. 55 498 505 543 559 655 Plague increaseth in London p. 175 Number of them who died Anno 1625. Popes assent to the Match p. 66. His Letter to the Duke of Buckingham p. 80. His Dispensation comes clogged p. 84. Pope Urban to King James p. 93. To Prince Charls p. 98 Preachers directions concerning them p. 64 65. Proclamation against Preaching and Disputing p. 416 Privy-Seals p. 420 Projects for raising money App. 12 Proxies in the House of Peers p. 273 Puritans p. 22 a. 171. Described by Sir Jo. Lamb p. 424 425 Pym Mr. p. 55 339 531 568 604 Q. QUeen Anne dieth p. 10 R. RAwleigh Sir Walter his life sought by Gundomar p. 4. And is Sacrificed to satisfie Spain p. 9. A Letter concerning him ibid. Romish Recusants Immunities granted to them p. 14. The King sollicited for favor to them p. 36 37. A Petition and Remonstrance against them p. 40 41. The Kings Answer thereunto p. 46. The King shews further favor to them p. 52. Excused p. 53. Articles in favor of them p. 89. Pope Urbans Letter on behalf of the Romish Religion p. 95 98. They promote the Match with Spain p. 102 103 King James his Letter concerning a Petition against them p. 140. The Petition it self p. 141. The Kings Answer to the Petition p. 143. Recusants taken at Clerkenwell p. 478. A Conference against them p. 510. Debates in Parliament against them and Priests arraigned at Newgate p. 668. Petition of Right p. 597 598. Rhee Island p. 431 466. Several Passages there p. 467 468 469. Richardson Sir Thomas p. 23. Richâ—â—â— Sir Nathaniel p. 55 361 614 Rochel p. 178 411 430 467 594 595 647 648 Rolls Merchant p. 654 665 666 Rous Mr. p. 593. His Speech concerning Religion p. 657. Rudyard Sir Benjamin p. 497 557 629 S. SAckvile Sir Edward p. 15 16 31 Sectaries p. 22 a. Selden Mr. p. 55 314 528 536 569 615 631 640. Brought upon a Habeas Corpus p. 689 692. Seymor Sir Francis p. 495. Sherborne Mr. Sherland Master p. 345 346 c. Sheriffs Oath excepted against pag. 201. Ship Vantguard employed against Rochel p. 178. Ships to be set out by Port Towns pag. 419. Ships Arrears for Fraight pag. 470. Sibthorp Dr. complains against the Puritans p. 424. His Sermon concerning Loan p. 426. See 440 448. Smith Richard Bishop of Calcedon sent into England p. 158 159 645. Soveraign Power p. 50 a. 567 568 569 570 571 572 573 c. Spain vide Digby Speaker vide Crew Sir Thomas Finch Sir Hennage Finch Sir John Spinola p. 14 15. Stafford Captain p. 15. Star Blazing appears p. 8. Opinion thereupon ibid. Star-Chamber Informatiâ—â— against Members of Parliament p. 675. Order there concerning the Duke p. 638. Stroud Mr. brought upon a Habeas Corpus p. 675. Appendix p. 18. T. TErm adjourned to Reading p. 201. Turner Dr. A Physitian his Queries ibid. His explanation p. 222 226. V. VAlentine Mr. his Case Append 49 Vassal Mr. his Goods seised on about Custom p. 653. Proceeded against in Star-Chamber ibid. His Plea to the Information ibid. Votes for Reparation Appendix 56 57 Vere Sir Horatio p. 14 15 40. Villers Sir Edward p. 23. Undertakers ibid. W. WAlter Sir William pag. 223. Wandesford Mr. p. 356 546 615. Warwick Earl sent to secure Langor-point p. 199. Wentworth Sir Thomas p. 496 527 529 544 560 568. Weston Sir Richard p. 12 f. 23 56 66 129 219. Made Lord Treasurer p. 646. Williams Dr. Sworn Keeper of the Great Seal p. 36 39 52. Excuses the Kings favor to Recusants p. 61 62 63 151 164 176. Refuses to proceed against the Puritans p. 424. A Passage of the Information in Star-Chamber against him p. 425. Wilmot Captain p. 15 Wimbleton Viscount p. 198 Y. YElverton Sir Henry accused by the Commons pag. 31. His Speech thereupon ibid. At which King James is offended p. 32. His particular Answer in Serie Temporis ibidem King James again offended with him p. 33. His Sentence and Restauration p. 34. Z. ZUinga Don Balthazar pag. 38 59. FINIS A CATALOGUE of such BOOKS as are Printed for and sold by Mr. George Thomason at the Rose and Crown in St. Pauls Church-yard SAncti Johannis Chrysostomi opera Graecè octo voluminibus Etonae Folio Purchas his Pilgrimage or Relations of the World and the Religions observed in all ages and places discovered from the Creation unto this present containing a Theological and Geographical History of Asia Africa and America with the Islands adjacent c. By Samuel Purchas Folio Hakluytus Posthumus or Purchas his Pilgrimes containing a History of the World in Sea
Soldiers commanded not to disband Trade prohibited with Spain Trained Bands exercised Part of Michaelmas Term adjourned The Term at Reading Hopes of a Parliament Sir Edward Cook High Sheriff his exceptions to the Sheriffs Oath The Seal taken from Bishop Willâ—ams sequestred formerly and given to Sir Thomas Coventry A Parliament Summoned Recusants to be Excommunicated The King resolved to leave Mr. Montague to the Parliament Preparations for the Kings Coronation A Proclamation for all that have Forty pound per annum to come and receive the Order of Knighthood A Thanksgiving for the Plagues ceasing Number of those who died of the Plague The Ceremonies at the Kings Coronation Archbish. P.P. The Kings Answer A Second Parliament meets The Lord Keepers Speech Sir Hennage Finch chosen Speaker His Speech Grievances taken into consideration Grievances laid open Articles against Mr Montague People prohibited for going to Mass at Ambassadors Houses The Atturney's Letter to the Judges concerning Recusants The Council of War for the Palatinate questioned in the House of Commons The Earl of Pembroke at a Conference presseth Supply Reports from the Committee concerning Evils and Remedies A Committee of the Lords House to consider of the safety of the Kingdom comunicated to the Commons Not well resented The Kings Letter to the Speaker Sir Richard Westons Message The Commons Answer to the Kings Message by Sir Richard Weston The Kings Reply Doctor Turners Queries against the Duke Another Message from the King by Sir Richard Weston Dr. Turners Explanation Dr. Turners Letter to the Speaker Sir W. Walters opinion of the Cause of Grievances Sir Iohn Eliot pursues the Argument against the Duke Three Subsidies and Three Fifteens Voted Debate concerning the Duke resumed The Kings Speech March 29. The Lord Keepers Speech The King proceeds The Duke at a Conference explains the Kings late Speech and the Lord Keepers Declaration The Duke renders an account of his Negotiation in the Low-Countreys The Lord Conway vindicates the Duke A List of Moneys disbursed for the War The Lords Petition touching Precedency chalenged by Scots and Irish Nobles The Lord Conways Letter to the Earl of Bristol The Earl of Bristols Letter to the Lord Conway The Earl of Bristol petitions the House of Lords The Petition referred to the Committee of Priviledges The Kings Letter to the Earl of Bristol The Earl of Bristol Petitions the Lords upon receipt of his Writ A Message from the King to the House of Lords The Marshal of Middlesex's Petition touching Priests The Commons Remonstrance to the King in Answer to his Majesties and the Lord Keepers Speech The House adjourned for a week Private advice given to the Duke The Bishops commanded to attend the King The Dukes answer to a Message from the Commons reported Glanviles report from the Committee The Kings Message touching new matter against the Duke The Earl of Bristol brought to the bar of the Lords House Articles against the Earl of Bristol The Earl of Bristols expressions at the time of his Accusation The Earl of Bristols speech at the Bar of the Lords House at the delivery of his Articles against the Duke He layes open his Case to the Parliament The Lord Chamberlain attests the truth of what the Earl had said The Earl proceeds The Earl of Bristols Articles against the Duke The Earl of Bristols Articles against the Lord Conway A Message from the King to the Lords concerning Bristol's Articles against the Duke The Reasons The Earl of Bristols Speech by way of Introduction before he gave in his Answer His Service to the Palatinate when he was Ambassador to the Emperor His Service to the Palatinate before his Ambassie to the Emperor His arrival in Spain and behavior there His carriage concerning the Match Means to shew that the Match was intended by the Spaniard Bristol not the cause of the Delays in Spain He never disswaded the King to take Arms. He advised both King and Prince to a Protestant Match He never moved his Majesty to set Priests at liberty A Declaration signed by my Lord Conway in behalf of Roman Catholicks He perswaded not the Prince to change his Religion He advised both King and Prince if they will Match with a Catholick rather to Spain then France but cheifly to a Protestant Princess He constantly professed the Protestant religion King Iames proposeth a Match to the Prince Palatine between his eldest son and the Emperors daughter The Earls Reasons why he was forward to consummate the Match til warrant came to the contrary The restitution of the Palatinate promised by the King of Spain and Olivarez The advantages of the Spanish Match to England The Commons Articles against the Duke His ingrossing many Offices Plurality of Offices His buying of Offices His buying the Cinque 〈◊〉 the Lord Zouch The first Article enlarged by Mr. Herbert The second and third enlarged by him His neglect of guarding the Seas His taking a Ship called St Peter of Newhaven The fourth Article enlarged by Mr Selden The Fifth Articles enlarged by Mr Selden His delivering Ships into the hands of the King of France Those ships to be used to his knowledge against Rochel Mr. Glanvile enlargeth the Sixth Article Mr. Glanvile inlarges the Seventh and Eighth Articles Mr. Pym enlargeth the 11. Article The 10. Article enlarged His imbezling and engrossing the Kings money and Lands Mr Sherland enlarges the Ninth Article He enlargeth the Twelfth Article The Thirteenth Article enlarged by Mr. Wandesford Sir Ioh â—llâ—â—â—â— speech concluding the Dukes Impeachment Sir Iohn Elliot and Sir Dudley Diggs committed to the Tower Private Suggestions to the King in behalf of the Duke Kings Speech concerning the Duke The Commons Message by Sir Nath. Rich to seeure the Duke The Dukes Speech against the Commons The Commons discontented at the imprisonment of their Members Sir Dudley Carleton's Speech The Commons Protestation touching words imputed to Sir Dudley Diggs Sir D. Diggs released out of prison protests he never spake the words charged on him The King is satisfied that the words were not spoken The Duke dissatisfied Thirty six Lords protest they heard not the words supposed to be spoken at a Conference Sâ—r Iohn Elliot is released out of the Tower Is charged by Sir Dudley Carlton for his Speech against the Duke He dischargeth himself The Lords Petition to the King about the Earl of Arundel imprisoned in the time of Parliament The Kings Message to the Lords touching the Earl of Arundel The Lords resolved to maintain their priviledges A Remonstrance and Petition of the Peers in behalf of the Earl of Arundel The Kings first Answer to the Remonstrance and Petition The King promiseth to answer the said Remonstrance The Lords are urgent for an Answer The King returns another Answer to the Lords touching the Remonstrance Another Petition to the King touching the Earl of Arundel The King takes exception at the Petition The Lords desire to know of his Majesty to what part of the Petition he takes
exception The Petition presented again and the word present left out The Kings answer to the Petition so ordered The Kings Answer to the Petition Another Petition of the Lords touchâ— the Earl of Arundel The Kings Answer to this Petition The Lords adjourn in disgust till the morrow His Majesties Message to the Lords Upon this Message the Lords adjourn for a seven-night Another Message to the Lords from his Majesty concerning the Earl of Arundel The Lords adjourn again Another Message from the King to the Lords concerning the Earl of Arundel Another Message to the Lords from his Majesty The Earl of Arundel released comes to the House The Duke chosen Chancellor of Cambridge during his Impeachment The Earl of Berk-shire's Letter to Mr. Chester touching Votes conferred upon him in the Choice of the Chancellor of Cambridge The Commons Answer His Majesties Reply The Dukes Letter of Acknowledgement to the University of Cambridge The Kings Letter to the said University The Duke of Buckinghams Speech to the Lords House before he gave in his Answer His Answer and Plea to the Impeachment of the House of Commons His Charge touching Plurality of Offices His Charge touching his buying the Admirals place The Charge touching his buying the Wardenship of the Cinque Ports The Charge touching his not guarding the Seas The Charge touching the unjust stay of the Ship of Newhaven called the St. Peter after Sentence The Charge touching his Extortion of Ten thousand pounds from the East-India Company with the abuse of the Parliament The Charge touching his putting the Ships into the hands of the French Since the Dukes Answer delivered into the House he hath himself openly declared to their Lordships That for the better clearing of his Honor and Fidelity to the State in that part of his Charge which is objected against him by this Seventh Article he hath been an earnest and humble Suiter to his Majesty to give him leave in his Proofs to unfold the whole Truth and Secret of that great Action and hath obtained his Majesties gratious leave therein and accordingly doth intend to make such open and clear Proof thereof that he nothing doubteth but the same when it shall appear will not onely clear him from blame but be a Testimony of his care and faithfulness in serving the State The Charge touching his practice of the employment of them against Rochel The Charge touching the compelling the Lord R. to buy Honor. The Charge touching his selling of places of Judicature The Charge touching his procuring of Honors for his poor Kinred The Charge touching his exhausting intercepting and mis-employing the Kings Revenue The Charge touching his transcendent presumption in giving Physick to the King The Kings Letter to the Speaker touching speedy supply to his Majesty The Commons Petition to the King concerning Recusants The Commons Answer to his Majesties Letter by the Speaker * Mr Glanvile The Kings Declaration of the Causes of assembling and dissolving the two last Parliaments The King takes notice of the intended Remonstrance in a Proclamation Another Proclamation against preaching or disputing the Arminian Controversies pro or con The King commands an Information to be preferred against the Duke in Star-Chamber The King forbids to solicite any Suit prohibited in the Book of Bounty The Council order all Customs to be paid And Forfeitures arising from Recusants A Commission to compound with Recusants A Proclamation to make the Kings Revenue certain The King sends to the Nobles to lend him liberally He demands of the City the Loan of One hundred thousand pounds The Port Towns are to furnish Ships The Ports of Dorsetshire send an excuse The City of London desire an Abatement of their Ships Are checkt by the Council Privy Seals issued out A Fast observed Commissions to Deputy Lieutenants to Muster Try and Array men Inhabitants withdrawn from Ports and Sea Towns required to return Ships sent to the River of Elbe A Fleet prepared The King of Denmarks Declaration why he takes up Arms against the Emperor A Battel between the Dane and the Emperor The overthrow of the King of Denmark an Inducement to the raising of Moneys by Loan A Declaration concerning Loan-Money Private Instructions to the Commissioners for the general Loan Billeting of Soldiers Commissions for Martial Law The Lords to advance the Loan Sir Randolph Crew removed from his place for not furthering the Loan Informations sent to the Council Table against the Bishop of Lincoln The Bishop refuses to proceed Ex Officio against the Puritans * Meaning the Petition against Recusants at Oxford Puritans described by Sir Iohn Lamb. Information in Star-Chamber against the Bishop of Lincoln Bishop Laud his Dream The interpretation thereof Six thousand English in the Service of the Vnited Provinces Sir Charls Morgan General of the English forces Some do refuse the Loan though others offered to lend the refusers money so they would but subscribe They are ordered to be pressed for Soldiers The Refusers to lend were severely deal with An. 1627. Dr. Sibthorps Sermon concerning the Loan Dr. Manwaring in two Sermons promotes the Loan Distastes and jealousies between England and France The French dismissed Ill resented in France Private Transactions to engage in a War against France The King of Great Britains Declaration concerning a War with France The Duke of Buckingham Admiral and General His Commission The Duke sets â—ail with the Fleet and Army The Rochellers are fearful to admit the English Yet call an Assembly and heard Sir William Beechers Message The Rochellers still timerous A well affected party in Rochel The Duke communicates his design to Sobiez The Duke lands his Army at the Isle of Rhee A â—ore â—ight at the landing The Army stays five days after the fight A Fort neglected to be taken in The French astonished at the landing of the English The Duke comes before the Fort at St. Martins Blocks up the Cittadel Gentlemen secured and confined for refusing to part with money upon the Loan Sir John Elliots Petition to the King concerning the Loan Archbishop Abbot in disfavor The Commission to Sequester Archbishop Abbot from all his Ecclesiastiâ—al Offices The Archbishops Narrative concerning his disgrace at Court His Age when this befel him His indisposition kept him from Court and exposed him to censure The Duke offended with the Archbishop for not stooping to him The Archbishop is foretold of the Dukes displeasure Sibthorps Sermon for Loan Money The Dukes design in having this Sermon sent to the Archbishop to Licence it Mr Murrey sent from the King with the Sermon to the Archbishop to have it Licenced by himself The discourse by way of Dialogue between the Archbishop and Mr. Murrey on that occasion The Archbishops Reasons why he could not Licence it His Majesty returns Answer by Mr. Murrey to those Reasons of the Archbishop The Archbishop desires Bishop Laud may be sent to him to treat of that Sermon The Archbishop sends his Objections to the Court
into my hands not as an Attorney onely for the Prince But the King of Spain having taken the substitution of them by his Secretary of State entred in Legal form whereby that King was then become interessed in them by their occupation as well as the Prince by granting of them And becoming the Instrumentum stipulatum wherein they were both interessed they were deposited in my hands as an indifferent person trusted between the King of Spain and the Prince with a Declaration of the Trust. And now the Duke was returned out of Spain he plotted my ruine and put it in execution in this manner He concealed that the powers were to expire at Christmas and procured his Majesty to write a Letter not a direct Commandment but expressing a desire that the Desponsories should not be till one of the days in Christmas intending thereby to draw me into a Dilemma That if I proceeded in the Match this Letter should as now it is have been inforced against me as a breach of Instructions If I had not proceeded then I had broken my trust between the Prince and King of Spain overthrown the Marriage so long sought and labored it being the main scope of my Ambassage contrary to express Warrant and that upon a Letter I must needs know to be a mistake And when I had written into England to have a direct Warrant in the point the Duke then seeing that Plot would not take he dealt with divers great Lords as was well known to some of their Lordships there present to have me upon my arival in England committed to the Tower before I should ever come to speak with the King which the Spanish Ambassador here in England having gotten private notice of gave advertisement thereof to that King Who thereupon foreseeing my danger and consulting with his Council and Divines what were fit for him in Honor and Conscience to do in that Case they resolved That seeing my Sufferings grew by being an honest man and endeavoring to perform the trust reposed in me by that King as well as the Prince That King was bound both in Honor and Conscience not onely to preserve me from ruine but to make me a reparation for any loss I should sustain by occasion of the Trust Whereupon at his departure going to Court to take his leave the Conde de Olivares told me what was plotted against me in England and in respect of the danger by reason of the greatness of my Adversary pâ—rswaded me to stay there and in his Masters Name made an offer not in secret but in the presence of Sir Walter Aston Here he repeated those offers of Reward Honor and Preferment which we have mentioned before in order of time and at present pass it by he then proceeded and said Upon what grounds and hope came I to encounter with those dangers Not upon hope of my greatness in Court and strength of Friends there to bolster out an ill Cause no sure my strength was too weak and my adversaries too powerful But I knew my Conscience was clear and my Cause was good and trusted in God Almighty And to him now and to their Lordships judgments recommended my self and my Cause And then he delivered his Answer desiring their Lordships it might be after Recorded in Parchment that it might remain to posterity which being read by one of his Council the Lord Keeper asked him Whether he desired to say any more then he had done he answered That he had something more to say but knew not the order or whether Mr. Attorney would speak first but he being desired to speak He desired their Lordships he might put them in minde of what he conceived they had already promised which was That the Duke whom he accused in that House of far higher offences then any with which he was charged might be proceeded with as he was and that they might be upon equal Conditions And that such heads as he had delivered against the Duke being of such Matters as he met withal in his Negotiation as an Ambassador and which he had according to his duty acquainted the State withal might by their Lordships care and order be put into Legal form and prosecuted for so was the use when he had the honor to sit at the Council Table He said He conceived he had already done his part to inform and would be ready to make it good it concerning their Lordships to see it prosecuted it not being to be expected that he should solicit it or if he would he could not being under restraint And he desired likewise that the Judges might deliver their opinions Whether the matter charged against him were Treason that if it should not so be in their opinions he might not lie under so heavy a burthen He put their Lordships in minde that it was a strange manner of proceeding that upon a displeasure a Peer of the Kingdom complaining of those that had practised against him and had been the causers of his Sufferings should then and never but then be charged with Treason He told them it was not his case alone but it equally concerned them and their Posterity and it might be some others hereafter more then him now For he said he thanked God he had some experience in the World and thereby and by those things he had kept was able to make his innocency appear which perhaps would not be every mans hereafter and so many an honest heart in a good cause distracted with fears and abandoned of Friends might perish through the malice of a potent Adversary The Lords again asked him whether he had any thing more to say he answered No but desired leave onely to explain himself in two things one in his Speech now spoken and the other when he was first brought to the House That in his Speech this day was where he affirmed he had like to have been ruined in his Negotiation First For being a Puritan and now for being a Papist and both by one hand he explained it to be by the hand of the Duke of Buckingham And the other when he first came to the House saying there For Redress of former sufferings and meeting on the sudden with Treason charged upon him he spake in Passion expressing the Wrongs and Injuries done him by the Duke and told their Lordships he had used means to convey part of his Sufferings to the late King his Master who in the Dukes hearing sware he would after he had heard the Duke against him hear him also against the Duke for which his Majesty suffered much or to some such purpose Now he understandeth this Speech to reflect upon what was in Agitation in the Lower House but he said although he could not well excuse the Dukes indiscretion in that point yet he spake it not any ways to corroborate that opinion For howsoever the Duke were his enemy yet he could not think so dishonorably of him The Answer of the Earl of Bristol to
Subjects by being secure from all undue Charges be the more incouraged chearfully to proceed in their course of Trade by the increase whereof your Majesties Profit and likewise the strength of the Kingdom would be very much augmented But not being now able to accomplish this their desire there is no course left unto them without manifest breach of their duty both to your Majesty and their Countrey save onely to make this humble Declaration That the receiving of Tunnage and Poundage and other Impositions not granted by Parliament is a breach of the Fundamental Liberties of this Kingdom and contrary to your Majesties Royal answer to the said Petition of Right And therefore they do most humbly beseech your Majesty to forbear any further recieving of the same and not to take it in ill part from those of your Majesties loving Subjects who shall refuse to make payment of any such Charges without Warrant of Law demanded And as by this forbearance your most excellent Majesty shall manifest unto the world your Royal Iustice in the observation of your Laws So they doubt not but hereafter at the time appointed for their coming again they shall have occasion to express their great desire to advance your Majesties Honor and Profit MR. Noy after the reading hereof moved the House that his Majesty might be requested that the Merchants might ship their goods without a Cocket otherwise they do forfeit their goods Iune 26. The Speaker being sent for to the King at Whitehall came not into the House till about nine a clock And after Prayers the Remonstrance concerning Tunnage and Poundage being ingrossed was a reading in the House and while it was a reading the King sent for the Speaker and the whole House and the King made a Speech as followeth IT may seem strange that I came so suddenly to end this Session before I give my assent to the Bills I will tell you the cause though I must avow that I owe the account of my actions to God alone It is known to every one that a while ago the House of Commons gave me a Remonstrance how acceptable every man may judge and for the merit of it I will not call that in question for I am sure no wise man can justifie it Now since I am truly informed that a second Remonstrance is preparing for me to take away the profit of my Tunnage and Poundage one of the chiefest maintenances of my Crown by alleadging I have given away my right thereto by my Answer to your Petition This is so prejudicial unto me that I am forced to end this Session some few hours before I meant being not willing to receive any more Remonstrances to which I must give a harsh Answer And since I see that even the House of Commons begins already to make false constructions of what I granted in your Petition least it be worse interpreted in the Countrey I will now make a Declaration concerning the true intent thereof The profession of both Houses in the time of hammering this Petition was no ways to trench upon my Prerogative saying they had neither intention or power to hurt it Therefore it must needs be conceived that I have granted no new but only confirmed the Antient Liberties of my Subjects Yet to shew the clearness of my intentions that I neither repent nor mean to recede from any thing I have promised you I do here declare my self that those things which have been done whereby many have had some cause to expect the Liberties of the Subjects to be trenched upon which indeed was the first and true ground of the Petition shall not hereafter be drawn into example for your prejudice and from time to time in the word of a King ye shal not have the like cause to complain But as for Tonnage and Poundage it is a thing I cannot want and was never intended by you to ask nor meant by me I am sure to grant To conclude I command you all that are here to take notice of what I have spoken at this time to be the true intent and meaning of what I granted you in your Petition But especially you my Lords the Judges for you only under me belongs the interpretation of Laws for none of the Houses of Parliament either joint or separate what new Doctrine soever may be raised have any Power either to make or declare a Law without my consent After this Speech ended the Bill of Subsidie was delivered to the Speaker standing at the Bar in the Lords House who made a short Speech and shewed that it was the greatest gift that ever was given in so short a time And so craving pardon for the errors of the House and his own which he knew to be very many he desired the King to give his Royal Assent The King came so suddenly and unexpectedly to the House that the Lords were not in their Robes and the Commons had given no direction or Order for the Speaker to deliver the Bill of Subsidies Neither was it brought down to the Commons House as it was used but the Bills were read and the Bill for the Sabbath for Recusants children for Alehouse-keepers for continuance of Statutes for the Clergies Subsidie for the Lay of Subsidie all passed But for the Bill for explanation of the Statutes 3. Iac. about Leases of Recusants Lands The King said that in this short time he had not time sufficient to consider thereof but he said he found many Errors therein though the Title be faire and if at the next meeting they would amend those Errors it should pass Many private Bills passed also and after they were all read their Titles and the Kings Answer to them which to the publique Bills was Le Roy le veult to the private Soit fait come il est desire The Lord Keeper said it is his Majesties pleasure that this Session now end and that the Parliament be prorogued till the twentieth of October next At this Parliament which begun at Westminster the 17. of March Anno Regni R. Caroli 3. These Acts were passed FIrst An Act for further reformation of sundry Abuses committed on the Lords day called Sunday 2. The Petition exhibited to his Majesty by the Lords Spiritual and Temporal and Commons in this present Parliament Assembled concerning divers Rights and Priviledges of the Subject with the Kings assent thereunto in full Parliament 3. An Act for repressing of all unlicenced Alehouses 4. An Act to restrain the sending over of any to be popishly bred beyond the Seas 5. An Act for establishing of Suttons Hospital c. 6. An Act for the Establishing of the Tenants Estates of Bromfield and Yale in the County of Denbigh c. 7. An Act for the continuance and repeal of divers Statutes c. 9. An Act for five entire Subsidies granted by the Clergy 10. An Act concerning the Title c. of Earl of Arundel and for the annexing of the Castle of Arundel