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 âlie 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
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
lending of the Ships and received fair Answers from them both But the King sent an express and strict Order to Pennington requiring him without delay to put his former Command in Execution for the consigning of the Ship called the Vantguard with all her furniture into the hands of the Marquess D' Effiat assuring the Officers of the Ships that he would provide for their Indempnity and further commanding him to require the Seven Merchants Ships in his name to put themselves into the Service of the French King and in case of backwardness or refusal to use all means to compel them thereunto even to their sinking Upon this Pennington went back to Deep and put the Vantguard into the absolute Power and Command of the French King to be employed in his Service at pleasure and commanded the rest of the Fleet to the like Surrender At the first the Captains Masters and owners refused to yield weighed Anchor and were making away but when Pennington shot they came in again but Sir Ferdinando Gorge came away with the Ship called the Neptune The Companies unanimously declined the Service and quitted the Ships all but one Man who was a Gunner and Pennington hasted to Oxford where the Parliament was Reassembled but as was voiced was there concealed till the Parliament was dissolved On the First of August the Parliament Reassembled at Oxford whether the news of the Ships lent to the French against the besieged Rochellers did quickly flie and exasperate the spirit of that great Assembly against the Duke of Buckingham The Grievances insisted upon were the mis-spending of the Publick Treasure the neglect of guarding the Seas insomuch that the Turks had leisure to land in the Western parts and carry away the Subjects Captives The Commons appointed a Committee to consider of secret Affairs and to examine the Disbursements of the Three Subsidies and the Three Fifteens given to King Iames for the Recovery of the Palatinate and they prepared to assault the Duke Also Mr. Richard Montague was summoned to appear according to the Condition of his Bond and a Committee was appointed to proceed in the further Examination of that business Mr. Montagues Cause was recommended to the Duke by the Bishops of Rochester Oxford and St. Davids as the Cause of the Church of England They shew that some of the Opinions which offended many were no other then the resolved Doctrine of this Church and some of them are curious Points disputed in the Schools and to be left to the liberty of Learned Men to abound in their own sense it being the great fault of the Council of Trent to require a Subscription to School Opinions and the approved Moderation of the Church of England to refuse the apparent Dangers and Errors of the Church of Rome but not to be over-busie with Scholastical Niceties Moreover in the present case they alleage that in the time of Henry the Eighth when the Clergy submitted to the Kings Supremacy the Submission was so resolved That in case of any difference in the Church the King and the Bishops were to determine the Matter in a National Synod and if any other Judge in Matters of Doctrine be now allowed we depart from the Ordinance of Christ and the continual practice of the Church Herewithal they intimated That if the Church be once brought down below her self even Majesty it self with soon be impeached They say further That King Iames in his rare wisdom and judgment approved all the Opinions in this Book and that most of the contrary Opinions were debated at Lambeth and ready to be published but were suppressed by Queen Elizabeth and so continued till of late they received countenance at the Synod of Dort which was a Synod of another Nation and to us no ways binding till received by Publick Authority And they affirm boldly That they cannot conceive what use there can be of Civil Government in the Common-wealth or of External Ministry in the Church if such fatal Opinions as some are which are opposite to those delivered by Mr. Montague be publickly taught and maintained Such was the Opinion of these forenamed Bishops but others of Eminent Learning were of a different Judgment At Oxford in a late Divinity Disputation held upon this Question Whether a Regenerate Man may totally and finally fall from Grace The Opponent urging the Appeal to Caesar the Doctor of the Chair handled the Appellator very roughly saying He was a meer Grammarian a Man that studied Phrases more then Matter That he understood neither Articles nor Homilies or at least perverted both That he attributed he knew not what vertue to the sign of the Cross Dignus Cruce qui asserit and concluded with an Admonition to the Juniors That they should be wary of reading that and the like Books On the Fourth of August the Lords and Commons were commanded to attend his Majesty in Christs-Church Hall in Oxford where he spake unto them in manner following MY Lords and you of the Commons We all remember that from your Desires and Advice my Father now with God brake off those two Treaties with Spain that were then in hand Well you then foresaw that as well for regaining my dispossessed Brothers Inheritance as home defence a War was likely to succeed and that as your Councils had led my Father into it so your assistance in a Parliamentary-way to pursue it should not be wanting That aid you gave him by Advice was for succor of his Allies the guarding of Ireland and the home part supply of Munition preparing and setting forth of his Navy A Council you thought of and appointed for the War and Treasurers for issuing of the Moneys And to begin this Work of your Advice you gave Three Subsidies and as many Fifteens which with speed were levied and by direction of that Council of War in which the preparation of this Navy was not the least disbursed It pleased God at the entrance of this Preparation by your Advice begun to call my Father to his Mercy whereby I entred as well to the care of your Design as his Crown I did not then as Princes do of Custom and Formality Reassemble you but that by your further Advice and Aid I might be able to proceed in that which by your Counsels my Father was engaged in Your love to me and forwardness to further those Affairs you expressed by a Grant of Two Subsidies yet ungathered although I must assure you by my self and others upon credit taken up and aforehand disbursed and far short as yet to set forth that Navy now preparing as I have lately the estimate of those of care and who are still employed about it whose particular of all expences about this preparation shall be given you when you please to take an accompt of it His Majesty having ended his Speech commanded the Lord Conway and Sir Iohn Cook more particularly to declare the present state of Affairs which
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 swârn 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
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 âe 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 lâst 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
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
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 veââ 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 inâerring 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
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
of future Actions the Copy whereof is this as followeth SIR THe Opinion which I have ever presumed humbly to offer unto his Majesty concerning your Highness Marriage hath been that both in regard of Conscience and satisfaction unto his Majesties People and Alleys likewise for the security and quiet of your Majesties estates Your Highness might take for Wife some Protestant Princess although she neither were Daughter to a King nor had so ample a Portion as might relieve the Kings present Necessities and Wants for then there might be many ways found to help the Kings wants either by some few years providence and frugality or by winning the affections of the people to the supplying of his Majesty by way of Subsidies in Parliament whereas contrariwise if the number and power of the Papists shall be increased as undoubtedly they will be by your Highness matching with any Catholick Princess through the Concession which must be of necessity for the exercise of her Religion for her self and Family within your Highness Courts and thereby by degrees these two different Religions shall grow to an equality of power it will be of great hazard and disquiet to the State and not to be redressed without great danger and courses of more violence then is usual for this State to put in practice But in case his Majesty out of his wisdom and consideration best known to himself hold it fittest that your Majestie match with France or Spain or any other Catholick either for that the present time affordeth no Protestant Princess who is for years or Blood suitable for your Highness or that can in any considerable measure by the portion supply his Majesties present wants I then conceive that the Match by which this State shall suffer least inconveniency and cumbers and whereby his Majesties necessities shall by the greatness of the Portion be the most relieved is with Spain is such a Match may be made with such Conditions of Religion as other Catholick Princes will contract themselves withall Thus much I thought sit humbly to present unto your Highness for that I see my Imployment liable to the Censure of many worthy Persons with whom though I concur in my Opinion yet I seem much to differ from them many ways For that it is more proper to me to be true to my Masters ends and services then by declaring this to procure their satisfaction Only to your Highness I thought fit to make this Declaration and shall be a Suitor to you for your favor as you shall see me really labor to put this in effect And if his Majesty shall either upon motion of Parliament or any other Proposition that can be made unto him think it fit to proceed with a Protestant Match as I shall wish as well unto it as any man living so I hope in such sort to manage the present business that I have in hand that it shall rather much further then any way cross or hinder it But in case his Majesty shall not be drawn to any Proposition for a Protestant Match I then conceive that your Highness both doth and will approve that I really and effectually labor to procure a Match for your Highness in Spain upon such Conditions in point of Religion and Portion as to his Majesty shall seem fit Besides which Declaration of his Opinion He hath all the days of his life and in all places lived and allowed himself to be a Protestant never having done any the least act that was not suitable to that Profession And in all his former Imployments for the space of Fourteen years of more then Five hundred persons of all qualities that attended on him there was never any perverted in his Religion saving two Irish Footmen who in Ireland had been bred Papists And he humbly desireth the Testimony of Doctor Mason and Doctor Wren his Majesties Chaplains who were with his Majesty in Spain and of Master Sampford one of the Prebends of Canterbury Master Boswell Parson of S. Laurence in London and Master Frewen Divinity-Reader in Magdalen-Colledge in Oxford and now one of his Majesties Chaplains who were his Majesties Chaplains in Spain as well for the frequent use of the Sacrament as constant profession and exercises of Religion and the testimony of such Catholicks as are known to have been his antient Acquaintance and Friends to examine them upon oath Whether publickly or privately in Spain or in England they had known him in any kind to make shew or so much as to forbear upon all occasions to declare the Religion he professeth And that the said Mr. Frewen and Mr. Wake may be also examined Whether in extremity of several sicknesses whereinto he hath of late years fallen he hath not ever setled his Conscience withthem towards God and made a Confession of his Faith resolving as be-fitting a Protestant or good Christian. VIII To the Eighth Article the Earl saith That he did not at any time or in any place endeavor to perswade the Prince touching his religion to become a Roman Catholick and to be obedient to the usurped authority of Rome Neither did the said Earl to that end and purpose or otherwise use unto his Majesty then Prince the words in the Article mentioned But the said Earl acknowledgeth that upon occasion of a Letter that came to his Majesty then Prince putting his Majesty in mind of the great actions of his Royal Progenitors in the Holy War that the great Kings of those times did not only imploy their Forces but in their persons went into the Holy Land The Earl believeth that by way of discourse only and not otherwise he may have said That in regard of the difference in Religion it was of more difficulty to undertake such great actions now then in former Ages and it might well be instanced in the present Treaty of the Marriage wherein the Popes consent was to be obtained And to this effect and upon the like grounds he is confident there were very many that have nay few of neerness about his late Majesty that have not often heard his Majesty say That he was the true Martyr that suffered more for his Religion then all the Princes of Christendom besides instancing in divers particulars but especially in this That he could not match his Children with Kings of his own rank without the Popes leave But the said Earl saith He never alleaged any such thing to any other purpose then to shew that only Conscience and love to Truth in which regard Protestants suffered much not any temporal respects made men constant and zealous to the profession of our Religion By which discourse he ever attributed much to the honor and security of Protestant religion but never used it as an argument to perswade to the contrary as in the Accusation is insinuated Besides he conceiveth by way of Answer thereunto the said Question may be asked which his Majesty was pleased to ask of the Earl in the Seventh Article viz.
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
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 conââssed 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 âearch 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 âinding 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
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
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
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 Thomâe 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 nosâri Edwardo Comiti Wigorn. Custod Privati Sigilli nostri Georgio Duci Buckingham Magno Admirallo nostro Angliae Willielmo Comiti Pembroke Camerario Hospitii nostri Ac etiam
expectation to have run the least hazard through their defaults This Parliament after some Adjourment by reason of his Majesties unavoidable occasions interposing being assembled on the Eightéenth day of June It is true that his Commons in Parliament taking into their due and serious Consideration the manifold Occasions which at his first entry did press his Majesty and his most important Affairs which both at home and abroad were then in action did with great readiness and alacrity as a pledge of their most bounden duty and thankfulness and as the first fruits of the most dutiful affections of his loving and loyal Subjects devoted to his service present his Majesty with the frée and cheerful gift of two entire Subsidies which their gift and much more the freeness and heartiness expressed in the giving thereof his Majesty did thankfully and lovingly accept But when he had more narrowly entred into the consideration of his great affairs wherein he was imbarqued and from which he could not without much dishonor and disadvantage withdraw his hand he found that this sum of money was much short of that which of necessity must be presently expended for the setting forward of those great Actions which by advice of his Council he had undertaken and were that Summer to be pursued This his Majesty imparted to his Commons house of Parliament but before the same could receive that debate and due consideration which was fit the fearful Uisitation of the Plague in and about the Cities of London and Westminster where the Lords and the principal Gentlemen of quality of his whole Kingdom were for the time of this their service lodged and abiding did so much increase that his Majesty without extreme peril to the lives of his good Subjects which were dear unto him could not continue the Parliament any longer in that place His Majesty therefore on the eleventh day of July then following adjourned the Parliament from Westminster until the first day of August then following at the City of Oxford And his Highness was so careful to accommodate his Lords and Commons there that as he made choice of that place being then the fréest of all others from the danger of that grievous Sickness so he there fitted the Parliament-men with all things convenient for their entertainment And his Majesty himself being in his own heart sincere and frée from all Ends upon his people which the Searcher of hearts best knoweth he little expected that any misconstruction of his actions would have béen made as he there found But when the Parliament had béen a while assembled and his Majesties affairs opened unto them and a further Supply desired as necessity required he found them so slow and so full of delays and diversions in their Resolutions that before any thing could be determined the fearful Contagion daily increased and was dispersed into all the parts of this Kingdom and came home even to their doors where they assembled His Majesty therefore rather preferred the safety of his people from that present and visible danger then the providing for that which was more remotâ but no less dangerous to the State of this Kingdom and of the affairs of that part of Christendom which then were and yet are in friendship and alliance with his Majesty And thereupon his Majesty not being then able to discern when it might please God to stay his hand of Uisitation nor what place might be more secure then other at a time convenient for their re-assembling his Majesty dissolved that Parliament That Parliament being now ended his Majesty did not therewith cast off his Royal care of his great and important affairs but by the advice of his Privy-Council and of his Council of War he continued his preparations and former resolutions And therein not only expended those monies which by the two Subsidies aforesaid were given unto him for his own private use whereof he had too much occasion as he found the state of his Exchequer at his first entrance but added much more of his own as by his credit and the credit of some of his servants he was able to compass the same At last by much disadvantage by the retarding of provisions and uncertainty of the means his Navy was prepared and set to Sea and the Designs unto which they were sent and specially directed were so probable and so well advised that had they not miscarried in the execution His Majesty is well assured they would have given good satisfaction not only to his own people but to all the world that they were not lightly or unadvisedly undertaken and pursued But it pleased God who is the Lord of Hosts and unto whose providence and good pleasure his Majesty doth and shall submit himself and all his endeavors not to give that success which was desired And yet were those Attempts not altogether so fruitless as the envy of the Times hath apprehended the Enemy receiving thereby no small loss nor our party no little advantage And it would much avail to further his Majesties great affairs and the Peace of Christendom which ought to be the true end of all Hostility were these first beginnings which are most subject to miscarry well seconded and pursued as his Majesty intended and as in the judgment of all men conversant in Actions of this nature were fit not to have béen neglected These things being thus acted and God of his infinite goodness beyond expectation asswaging the rage of the Pestilence and in a manner of a suddain restoring health and safety to the Cities of London and Westminster which are the fittest places for the resort of his Majesty his Lords and Commons to meet in Parliament His Majesty in the depth of winter no sooner descried the probability of a safe assembling of his people and in his princely wisdom and providence foresaw that if the opportunity of seasons should be omitted preparations both defensive and offensive could not be made in such sort as was requisite for their common safety but he advised and resolved of the summoning of a new Parliament where he might freely communicate the necessities of the State and by the Council and advice of the Lords and Commons in Parliament who are the Representative body of the whole Kingdom and the great Council of the Realm might proceed in these enterprises and be enabled thereunto which concern the common good safety and honor both of Prince and people and accordingly the sixth of February last a new Parliament was begun At the first meeting his Majesty did forbear to press them with any thing which might have the least appearance of his own interest but recommended unto them the care of making of good Laws which are the ordinary Subject for a Parliament His Majesty believing that they could not have suffered many days much less many weeks to have passed by before the apprehension and care of the common safety of this Kingdom and the true Religion professed and maintained therein and of
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
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
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 Willâams 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 ãâã 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 âllââââ 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 Sâr 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 âail 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 âore âight 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 Ecclesiastiâal 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
express command to Bristol to deliver his thanks to the King of Spain for the high entertainment personal kindness respect and favor received by his Son the Prince who was returned so well satisfied as that he was not able to magnifie it sufficiently And further to let him know That to make a firm and indissoluble union between their Families Nations and Crowns and withal not to abandon his own Honor nor at the same time to give joy to his only Son and to give his onely Daughter her Portion in Tears he had by the advice of that Kings Ambassadors entred into a Treaty for the Restitution of the Palatinate that he always understood and expected that upon the effecting of this Marriage he should obtain the restoring of his Son-in-law both to his Countrey and Dignity and that the Emperor either by sinding out some great Title or by increasing the number of the Electoral Stiles might satisfie the Duke of Bavaria And for these Reasons the King commanded Bristol instantly to procure from that King a punctual Answer touching the course he resolves to take for the restitution of the Palatinate and Electorate and what assurance shall be given for his contentment if the Emperor or Duke of Bavaria should oppose any part of the expected restitution Moreover he gave direction and signified his special desire that the Espousals should be made in one of the Christmas Holidays because that holy and joyful time would best become an action so notable and blessed The Earl of Bristol with the Concurrence of Sir Walter Aston took boldness to demur upon these new Instructions and yet again to represent to his Majesty the state of these affairs they inform him that by deferring the Epousals till Christmas the powers were made altogether useless and invalid there being a Clause in the body of them That they shall remain in force till Christmas and no longer And the suspending of the execution of the powers till the validity of them be expired is an effectual revoking of them Besides the pretexts of this delay are no new but old matters which were often under debate but never insisted on to retard the main business And it will be thought that they should rather have hindered the Grant of these powers then the execution of them being granted Surely a staggering in the former resolutions will be suspected and the clearing thereof between Spain and England will cost much time As concerning the Prince Palatine it was the care of the Spanish Ministers that that business might be well compounded before the Infanta's coming into England For they say that otherwise they might give a Daughter and a War presently follow Besides the Instructions given under his Majesties hand were indeed to insist upon the restoring of the Prince Palatine yet not so to annex it to the Treaty as thereby to hazard the Match For he seemed to be confident that the one would never grow to a conclusion without a setled resolution to effect the other And the Prince and Duke during their being in Spain observed the same course Moreover the Palatinate affairs have relation to many great Princes interessed therein and cannot be ended but by a formal Treaty which will require a great length of time and if the conclusion of the Match should depend thereon the Prince may be long enough unmarried for the advancement of their interest who desire he should so continue or not match with Spain The preparations for the Marriage go on chearfully the Popes Dispensation is hourly expected with an intention to demand the powers immediately and upon what pretext shall they be detained Shall we alledge his Majesties pleasure that the solemnity be performed in the Christmas Holidays But that is impossible for the powers are then expired Shall we urge the restoring of the Palatine This was not made a condition but was treated as a business a part The delay of the Desponsario's will put a scorn upon the Infanta and upon the King of Spain who hath called himself the Infanta's Desponsado And this cannot stand with that exact and honorable dealing which his Majesty hath hitherto used Now upon these Inducements in the result and close of all the Ambassador humbly advised the King to return to the former state of the Treaty and to nominate a day for the delivery of the Proxies and resolved somewhat to protract the time for the receiving of his Majesties further direction Thus did the Earl of Bristol endeavor to restore the business and the better to bring it on Sir Walter Aston labored to reconcile the Duke to Spain by this manner of Insinuation He believed that his Grace was infinitely provoked to be an enemy to this Match and might have many Reasons suggested how much it concerned him to break it with all the force he hath yet he could not believe that the Error of one Man can make him an enemy to that which carries in it so much content to the King and Prince nor that his judgment can be led by these Arguments which under colour of safety would bring him into a dangerous labyrinth For the most prosperous War hath misfortune enough to make the Author of it unhappy and how innocent soever his Grace might be yet the occasions which have been given him will make him liable to such an aspersion But if the Match proceed and take effect he will have the honor thereof and the Infanta being duly informed must needs acknowledge him to be the person unto whom in that behalf she is most obliged But these Motions incensed Buckingham And now having the Prince linked to him he could over-rule the King and bear down all his Adversaries The Prince and the Duke began to take a popular way and to close with those of the Privy Council and the Nobility that were opposite to Spain and best liked of by the Puritan party They projected also the calling of a Parliament to consult the Nation and to clear the Kings integrity and to gain to themselves a great esteem in the hearts of the people And some there were that suggested to the King that the Dukes design was to prevent the Princes Marriage not onely with Spain but any where else that his own greatness might still be absolute For say they were it love to his Countrey that led him to a breach and War with Spain there was as much reason for a breach of the Match and Peace when the Parliament urged it as now there is And they said That the approaching Parliament was to marry the Duke to the Commonwealth that he might stand not onely by the King but by the people and popular humor which of late he hath courted earnestly and so they warned the King to have more special care of his own preservation But the Earl of Bristol was straightly commanded to follow the new Instructions namely before he deliver the Powers or move to the Contract to procure from
better dealing then was used to the deposed House of Saxony by Charls the Fifth an Emperor not worse then this the heir of which House being one of the worthiest Princes in Germany is now in hard conditions before the eyes of the exiled Palatine Unto the second point the exclusion of the Palsgraves person and the setling upon his Son it was thus replied That Spain had always given hope and the Earl of Bristol great assurance even when the Marriage was not so far advanced as now it is That in case of the Emperors refusal they would assist his Majesty and compel the Emperor to an intire Restitution Besides there is little ground of hope from these Treaties as they are managed and wire-drawn by the House of Austria from whom we have ever new Overtures in Winter and new Ruptures in Summer For the Emperor wanteth but two or three years leisure which he will easily gain by a Treaty of Marriage to establish in Germany the Translation of the Electorate and Palatinate without any hope of Recovery Therefore sufficient Assurances should ever precede the Treaties For the present Season did offer a very fair opportunity of recovering the Estate and Dignity The Palatines pretentions were not prejudiced by a long interposition of time the memory of the undue proceedings in the Ban and the Translation and the seisure of his Inheritance are fresh in the mindes of the Princes who by their own Interests are moved to a greater compassion As for the hope of Restitution from the Match with Spain there is little reason to put a difference between the Spaniards and the Imperialists who have with joynt consent conspired the ruine of the Palatinate with the same Forces Counsels and Designs And whilest things have been some times upon terms and always in talk of an Accommodation the Electorate is given to the Duke of Bavaria and avowed by a Congratulatory Message from the Arch-Dutchess the Upper Palatinate is setled in the Bavarians possession and a Portion allowed the Duke of Newburgh for his contentment A principal part of the Lower Palatinate is given to the Elector of Mentz by the consent of those at Bruxels and the rest is promised to be parcelled among other Princes Now for the hopes of a surer way to regain an happy settlement by the Concurrence of the King his Allies and Confederates and the whole Protestant party in Europe let these Matters be weighed in the Ballance of Common Judgment The Electors of Saxony and Brandenburgh and all the Princes save those of the Catholick League have declared That the Peace of Germany depends upon the restoring of the Palatine Besides the Levies which they made in the beginning of the last Summer though by the unfortunate accident of Duke Christian of Brunswick they were soon dismissed do testifie the same affections still remaining in them and the same Resolutions to embrace any good occasion for recovering the liberty of Germany The number of those that have this conjoyned Interest is great and mighty yea the greater part of the people both Horse and Foot which marched under the Catholick Banner were of a contrary Religion and Affection and more inclined to the ruine then preservation of the Catholick League All that is wanting is the concurrence and conduct of some great Prince that may support them against the House of Austria The King of Denmark being a Prince full of circumspection and being unwilling to enter into play alone made answer to all instances That as other Princes have their eyes on him so he hath his eyes on the King of Great Britain Wherefore although for these two or three years past Affairs on this side have gone in a continual decadence and a final ruine be now threatned unless it be withstood by some Princely resolution not of petty but of great Princes yet there is no such despondency in the good party but sufficient vigor yet remaining not onely to subsist but to rise and flourish again And one of those Kingdoms which are in his Majesties possession having wrought great effects in the affairs of Europe even when counter-ballanced by the other two doth demonstrate what may be done by the joynt forces of all three together especially when the peoples affections are raised to the enterprise Thus did the Palsgraves Counsels dissent from our Kings Proposals And there were not wanting both of the Kings Counsel at home and of his Agents in Foreign parts such as frequently warned him of the disappointment and dishonor that would follow those ways of Treating with implacable though flattering Enemies and shewed him the sure and honorable way of reestablishing his Children in their Patrimony not by their Enemies curtesie but by the united strength of the Protestant Arms in all parts of Christendom of which party the King might have made himself the Head and great Commander In the languishing and almost expiring Condition of the Spanish Treaty the United Provinces in the Netherlands appeared ready to embrace the opportunity of renewing the antient Union with England in all mutual confidence and strong assurance And the King was moved to return to those old Confederates the surest supports of his Crowns and Family For it hapned that in latter times a distrust and strangeness had grown betwixt them Bernevelt and the Arminian Faction had drawn the States to new Alliances and commonly procured Answers to be given to King Iames and his Ministers in a harsh and peremptory stile In like manner the King did not care to own them fully esteeming them an evil example for a Monarch to cherish Nevertheless he did them many good turns worthy of acknowledgment and particularly in opposing the Faction of Arminius and Vorstius and the rest of that sort who caused great distractions in the Belgick Church and State Nay he was thought to have done more then requisite in rendring the Cautionary Towns and in conniving with too much patience at the insolencies and misdemeanors of their Mariners But the Prince of Orange expressed good will to an intire friendship with England and assured the English Resident at the Hague That whensoever the King would be to those Provinces as Queen Elizabeth was in her time they would be the same to him as they had been to Queen Elizabeth But as yet they keep themselves reserved because they suspect that the Introductions and Tentatives to a Union with them have been to no other end but to indear the English Merchandize and to inhaunce its price to the King of Spain For they conclude that Spain will never Match with England but for hope or fear hope of reducing those Provinces by the Match or fear if the Match proceed not that the King will joyn with the Provinces in opposition to Spain and in either of these cases they hold the Match as made As for themselves they represent this assurance of a firm Conjunction for that instead of giving an ear to Overtures and Concessions which from day
ever so much as written a Letter of Complement to the Lady but that he had still before his eyes as his Cynosure the Promise made by the Coâde for the Restitution of the Palatinate To hasten the Delivery of the Lady the Duke presented unto the Conde how his Master was now in years the Prince his onely Son and he would suffer in Honor and Reputation to return home without his Wife The Conde consented hereunto and desired the Prince would name a day for his departure This news came to the Infanta who seemed to be Apprehensive of the Princes going away and prevailed with his Highness to return this Complement unto her That rather then he would give her Alteza any disgust he would stay for her seven years By this time Sir Francis Cottington is arived with all things perfected by the King and Letters from the Ambassadors of full satisfaction and a command from the King to his Highness to make his return within one moneth Now began the Conde to enter into the Treaty for the Restitution of the Palatinate saying The Lady should by no means go to England before that business was accommodated And it was projected That there should be a Restitution of the Land to the Prince Palatine upon a Condition of Marriage with the Emperors Daughter and that he should be bred in the Emperors Court The Prince demanding of the Conde whether in case the Emperor proved refractory the King his Master would assist him with Arms to reduce him to reasonable terms The Conde answered Negatively because they had a Maxim of State that the King of Spain must never fight against the Emperor for they would not employ their forces against the House of Austria Hereupon his Highness made his Protestation to the Conde Look to it Sir for if you hold your self to that there is an end of all for without this you may not relie upon either Marriage or Friendship By this time the Prince is grown cheap and vulgar in the Court of Spain so that they will scarce bestow a visit upon him and the Conde came very seldom to him And two Letters came to the Dukes hands which shewed that all that the Conde did was nothing but slashes and lightning notwithstanding he seemed at this time to be in a good humor and told the Duke That now certainly it must be a Match and the Devil could not break it The Duke replied He thought so and the Match had need be very firm and strong it had been seven years in Soadering The Conde denied and said plainly it had not been really intended seven moneths and said I will fetch that out of my Desk that shall assure you thereof and so produced two Letters the first was written with the King of Spains own hand Dated the Fifth of November 1622. And the other from the Conde Olivares of the Eighth of November 1622. Both which Letters are mentioned before IV. The Princes return from Spain ANd now the Prince returning for England being engaged to leave his Proxy did deâosite the same in the hands of the Earl of Bristol who was to keep it and use it as his Procurator that is As he should receive his Highness Direction from time to time His words for the present were said the Duke That if the Confirmation came from Rome clear and intire which it did not then within so many days he should deliver it to the King of Spain The second Direction sent to him was by a Letter which his Highness sent him between his departure from the Escurial and coming to the Sea side to this effect That for fear a Monastery should rob him of his Wife he should stay the delivery of the Powers until the doubts were cleared and that his Highness would send him in the Premisses some further Directions Here because my Lord of Bristol in his Letter of the First of November 1623. doth press so vehemently the Prince his Highness concerning this Proxy and the Prince vowed openly before both Houses that he had never by Oath or Honor engaged himself not to revoke the Powers more then by the clause De non revocando Procuratore inserted in the Instrument it self and that he conceived the clause to be matter of Form and although Essentially of no binding power yet usually thrust into every such Instrument and that the Civilians do hold That it is lawful by the Civil and Canon Law for any man to revoke his Proxy of Marriage notwithstanding it hath the clause De non revocando Procuratore inserted in it Therefore as to this point the Duke concluded That the Earl of Bristol in charging this matter so highly on the Prince had much forgot himself V. The Subsequent proceedings of his Majesty in both the Treaties since the return of his Highness THe Prince by the Mercy of God came to Royston and made his Relation to the King of all that had passed His Majesty was glad and told him That he had acted well the part of a Son and now the part of a Father must come upon the Stage which was to provide with all circumspection That his onely Son should not be married with a Portion of Tears to his onely Daughter And therefore his Majesty commanded by an express dispatch the stay of the Proxy in the Earl of Bristols hands until he had some better assurance of the Restitution of the Palatinate Then was read his Majesties Letter to the Earl of Bristol dated the Eighth of October 1623. wherein the Earl of Bristol was positively required by the King That before he deliver the Powers or move to the Contract to procure from the King of Spain a direct Restitution of the Palatinate and the Electoral Dignity or to assist with Arms within a time limited You would perceive that by this Dispatch Bristol would lay hold on all hints and emergent occasions to put off the Desponsorios without this required Assurance by Arms first obtained but the truth is he did not so For first the Confirmation came from Rome clogged and mangled and instead of challenging thereupon he labors with no small strength of wit to hide and palliate the same Secondly In the Temporal Articles the Portion was altered Six hundred thousand pounds in ready cash to some Eighty thousand pounds in money and a few Jewels and a Pension of Two thousands pounds per annum Instead of quarrelling this main alteration he seems to approve and applaud the payment Thirdly For the Assurance of Restitution of the Palatinate the main Foundation both of Match and Friendship he is so far from providing for it before which was the Method prescribed him by the King that he leaves it to be mediated by the Infanta after the Marriage Lastly Instead of putting off the Contract as any man in the world upon the Dispatch from Royston would have done he comes to prefix a precise day for the Desponsorios Now from this rash fixing of the day for the
remember that in my first Speech unto you for proof of my love to my People I craved your Advice in this great and weighty affair But in a matter of this weight I must first consider how this Course may agree with my Conscience and Honor and next according to the Parable uttered by our Saviour after I have resolved of the Necessity and justness of the Cause to consider how I shall be enabled to raise Forces for this purpose As concerning the Cause of my Children I am now old and as Moses saw the Land of Promise from an high mountain though he had not leave to set his foot in it so it would be a great comfort to me that God would but so long prolong my days as if I might not see the Restitution yet at least I might be assured that it would be That then I might with old Simeon say Nunc dimittis Servum tuum Domine c. Otherwise it would be a great grief unto me and I should die with a heavy and discomforted heart I have often said and particularly in the last Parliament and I shall ever be of that mind That as I am not ambitious of any other mens Goods or Lands so I desire not to enjoy a Furrow of Land in England Scotland or Ireland without Restitution of the Palatinate And in this mind I will live and die But let me acquaint you a little with the Difficulties of this Cause He is an unhappy man that shall advise a King to War and it is an unhappy thing to seek that by Blood which may be had by Peace Besides I think your intentions are not to engage me in War but withal you will consider how many things are requisite thereunto I omit to speak of my own Necessities they are too well known Sure I am I have had the least help in Parliament of any King that ever reigned over you these many years I must let you know that my Disabilities are increased by the Charge of my Son's journey into Spain which I was at for his honor and the honor of this Nation By sending of Ambassadors by maintaining of my Children and by assisting of the Palatinate I have incurred a great Debt to the King of Denmark which I am not able yet to pay The Low-Countries who in regard of their nearness are fittest to help for the Recovery of the Palatinate are at so low an ebb that if I assist them not they are scarce able to subsist The Princes of Germany that should do me any good are all poor weak and disheartned and do expect assistance from hence For Ireland I leave it to you whether that be not a back-door to be secured For the Navy I thank God it is in a better case then ever it was yet more must be done and before it can be prepared as it ought to be it will require a new Charge as well for its own strength as for the securing of the Coasts My Children I vow to God eat no bread but by my means I must maintain them and not see them want In the mean time my Customs are the best part of my Revenues and in effect the substance of all I have to live on All which are farmed out upon that condition That if there be War those Bargains are to be disannulled which will enforce a great defalcation Subsidies ask a great time to bring them in Now if you assist me that way I must take them up beforehand upon credit which will eat up a great part of them This being my Case To enter into War without sufficient means to support it were to shew my teeth and do no more In the mean time I heartily thank you for your Advice and will seriously think upon it as I pray you to consider of those other parts My Treasurer to whose Office it appertains shall more at large inform you of those things that concern my Estate Thus freely do I open my heart unto you And having your hearts I cannot want your helps for it is the heart that openeth the purse not the purse the heart I will deal frankly with you Shew me the Means how I may do what you would have me and if I take a Resolution by your Advice to enter into a War then your selves by your own Deputies shall have the disposing of the Money I will not meddle with it but you shall appoint your own Treasurers I say not this with a purpose to invite you to open your Purses and then to slight you so much as not to follow your Counsel nor engage you before I be engaged my self Give me what you will for my own means but I protest none of the Monies which you shall give for those uses shall be issued but for those ends and by men elected by your selves If upon your offer I shall find the means to make the War honorable and safe and that I resolve to embrace your Advice then I promise you in the word of a King That although War and Peace be the peculiar Prerogatives of Kings yet as I have advised with you in the Treaties on which War may ensue so I will not treat nor accept of a Peace without first acquainting you with it and hearing your advice and therein go the proper way of Parliament in conferring and consulting with you And happily the Conditions of Peace will be the better when we be prepared for War according to the old Proverb That Weapons bode Peace Your kind carriage gives me much content And that comforts me which my Lord of Canterbury said That there was not a Contrary voice amongst you all like the Seventy Interpreters who were led by the breath of God I am so desirous to forget all rents in former Parliaments that it shall not be in my default if I am not in love with Parliaments and call them often and desire to end my life in that entercourse between me and my people for the making of good Laws reforming of such Abuses as I cannot be well informed of but in Parliament and maintaining the good Government of the Commonwealth Therefore go on cheerfully and advise of these Points and my Resolution shall then be declared Hereupon the House of Commons immediately took into consideration the matter of Supply And Sir Edward Sackvile afterwards Earl of Dorset spake thus to that Subject SInce Supply unto his Majesty is now in question of which I hope there will be no question I humbly ask leave of this Honorable Assembly to speak my Opinion assuring you That when a Treaty of Grievances shall be on foot it shall appear I will not sit silent if I find my self able to say any thing that may lend a hand to unload my Country of that heavy burthen it now groans under by reason of the innumerable number of Monopolies which like so many Incubusses and Succubusses exhaust the Vital spirits and so press down those Parts which ought to enjoy
to confirm an Agreement between the King and the Copy-holders of Macclesfield in Com. Cestr. c. 9. An Act for he settlement of an Agreement of the Tenants of Chelvenham and Ashby alias Charleton between the King and Sir Giles Grival Knight The Parliament being dissolved the King followed his Design of War and resolved that the Fleet should speedily put out to Sea he also entered into a League with the United-Provinces against the Emper or and King of Spain for restoring the Liberties of Germany the States by their Ambassadors sought this Union and the Duke of Buckingham with the Earl of Holland were sent to the Hague to conclude the same as also to comfort the Kings distressed Sister with hopes of a Restitution Soon after his Majesty issued forth a Proclamation whereby he commanded the return within limitted time of all such children of Noblemen and others his natural Subjects who were now breeding up in Schools and Seminaries and other houses of the Popish Religion beyond the Seas That their Parents Tutors and Governors take present order to recal them home and to provide that they return by the day prefixt at the utmost severity of his Majesties Justice and he commanded further That no Bishop Priest or any other person having taken Orders under any Authority derived from the Sea of Rome do presume to confer Ecclesiastical Orders or exercise Ecclesiastical Function or Jurisdiction towards any of his natural Subjects in any of his Dominions and that all Statutes in force be put in due execution against Jesuites Seminaries and others in Popish Orders prefixing a day for their departure out of his Dominions not to return again upon the severest penalties of the Law In the time of the late King very many of the natural Subjects of these Dominions had by publick permission betaken themselves to the service of the Emperor the King of Spain and Archdutchess of the Low-Countries and by this means they fought against others of their Country-men that were imployed by the States of the United-Provinces and on the behalf of the exiled Palatine But now the King foreseeing how improper and unnatural it were that his own natural Subjects should upon any occasion or accident draw their swords one against the other or any of them against their own Soveraign did by advice of his Privy-Council straitly command all those his Subjects who were under the pay of the Emperor the King of Spain or Archdutchess speedily to return to their Native Countries where they should be received and imployed as occasion served according to their several qualities The dissolution of the Parliament preventing the Act of Subsidies the King drew Supplies from the people by borrowing of persons able to lend such competent sums of money as might discharge the present occasions accordingly he directed Letters of the following Tenor to the Lords-Lieutenants of the Counties Right Trusty and Welbeloved c. IT hath been so usual a thing for Kings and Princes of this Realm to make use of their Subjects good affections by borrowing some such competent Sums of Money of Persons able to lend as might supply those present occasions for Publick Service which cannot attend that length of time wherein it can be raised by contribution by the generality of our Sujects As we have not onely present occasion to make the like Trial by borrowing from some private Gentlemen and others but also of your sincerity and endeavors in furtherance of the service that is to say in taking some course either out of your own knowledg and experience or by any other Means or Instruments which you like best to make Collection of as many Persons Names within the County wherein you are Lieutenant as may be of ability to furnish us with several Sums at this time and therefore to return in a Book both the Names of the Persons their Dwellings and what Sums you think they may spare that we may thereupon direct our Privy-Seals unto them according to the form of this inclosed And for your further instruction in this Case on whose Trust we do so much repose we wish you to advise herein with your Deputy Lieutenant as those from whom we have special cause to promise our selves all good Offices of duty and affection To which we must add thus much further That we do not intend at this time to deal with any Nobleman neither are you to deal with any of the Clergy because we have reserved that Direction to the Metropolitans of the several Provinces to proceed onely with some special persons that are known to be men of wealth and ability and not meerly subsisting upon those Livings which in most places are far inferior to that Maintenance we could wish them By which course and consideration of ours though you may perceive how much we desire to procure this Loan without inconvenience to any which is only intended for the service of the Publique yet must we assure you that we had no greater cause at any time then now to make use of your integrity and industry in respect of your election of the Lenders and of your constant demonstration both of diligence and affection to the service Having now delivered unto you as much as for the present can be expected from us We will refer you for any further direction unto our Privy-Council as hereafter occasion shall require To whom our pleasure is you do return your Certificates in manner and form as is aforesaid at the most within Twenty days after the Receipts of these our Letters Given at c. The Comptroller of the Kings Houshold by the Councils Order issued forth Letters in the Kings name under the Privy-Seal to the several persons returned for the Loan of Money in form as followeth Trusty and Welbeloved c. HAving observed in the Presidents and Customs of former Times that all the Kings and Queens of this Realm upon extraordinary occasions have used either to resort to those Contributions which arise from the generality of Subjects or to the private helps of some well-affected in particular by way of Loan In the former of which courses as we have no doubt of the love and affection of our People when they shall again assemble in Parliament so for the present we are enforced to proceed in the latter course for supply of some portions of Treasure for divers Publick services which without manifold inconveniences to us and our Kingdoms cannot be deferred And therefore this being the first time that we have required any thing in this kind we doubt not but we shall receive such a testimony of your good affection from you amongst other of our Subjects and that with such alacrity and readiness as may make the same so much the more acceptable especially seeing we require but that Sum which few men would deny a Friend and have a mind resolved to expose all our Earthly fortune for preservation of the General The Sum which we
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
Spain did really fully and effectually intend the said Marriage between the said Lady his Sister and the said Prince our now Soveraign Lord according to Articles formerly propounded between the said Kings Whereas in truth the said Emperor and King of Spain or either of them never really intended such restitution as aforesaid And whereas the said King of Spain never really intended the Marriage according to those Articles propounded but the said Emperor and King of Spain intended onely by those Treaties to gain time to compass their own ends and purposes to the detriment of this Kingdom of all which the said Earl of Bristol neither was nor could be ignorant The said late King Iames by entertaining those Treaties and continuing them upon those false Assurances given unto him by the said Earl as aforesaid was made secure and lost the opportunity of time and thereby the said Dominions Territories and Possessions of the said Count Palatine and the Electoral Dignity became utterly lost and some parts thereof were taken out of the actual possession of the said King Iames unto whose protection and safe keeping they were put and committed by the said Count Palatine and the most Excellent Lady Elizabeth his Wife and their Children are now utterly dispossessed and bereaved thereof to the high dishonor of our said late Soveraign Lord King Iames to the disherison of the said late Kings Children and their Posterity of their Antient Patrimony and to the disadvantage and discouraging of the rest of the Princes of Germany and other Kings and Princes in Amity and League with his Majesty II. That the said Earl of Bristol being Ambassador for his late Majesty King Iames as aforesaid in Annis supradictis and having received perfect plain and particular Instructions and Directions from his said late Majesty That he should put the King of Spain to a speedy and punctual Answer touching the Treaties aforesaid And the said Earl well understanding the effect of those Instructions and Directions so given unto him and taking precise knowledge thereof and also knowing how much it concerned his late Majesty in honor and safety as his great Affairs then stood to put these Treaties to a speedy conclusion Yet nevertheless he the said Earl falsly willingly and traiterously contrary to his Alleagiance and contrary to the trust and duty of an Ambassador did continue those Treaties upon Generalities without effectual pressing the said King of Spain unto particular Conclusions according to his Majesties Directions as aforesaid and so the said Earl intended to have continued the said Treaties upon Generalities and without reducing them to Certainties and to direct Conclusions To the high dishonor of his said late Majesty and to the extream danger and detriment of his Majesties person his Crown and Dominions Confederates and Allies III. That the said Earl of Bristol being Ambassador for his said late Majesty as aforesaid in the years aforesaid to the intent to discourage the said late King Iames for the taking up of Arms entring into Hostility with the said King of Spain and for resisting him and his Forces from attempting the Invasion of his said late Majesties Dominions and the Dominions of his said late Majesties Confederates Friends and Allies the said King of Spain having long thirsted after an Universal Monarchy in these Western parts of the World hath many times both by words and Letters to the said late King and his Ministers extolled and magnified the greatness and power of the said King of Spain and represented unto his said late Majesty the supposed dangers which would ensue unto him if a War should happen between them and affirmed and insinuated unto his said late Majesty That if such a War should ensue his said late Majesty during the rest of his life must expect neither to Hunt nor Hawk nor eat his Meat in quiet Whereby the said Earl of Bristol did cunningly and traiterously strive to retard the Resolutions of the said late King to declare himself an enemy to the said King of Spain who under colour of Treaties and Alliances had so much abused him and to resist his Arms and Forces to the loss of opportunity of time which cannot be recalled or regained and to the extream danger dishonor and detriment of this Kingdom IV. The said Earl of Bristol upon his dispatch out of this Realm of England in his Ambassage aforesaid having communication with divers persons in London within this Realm of England before his going into Spain in and about his Ambassage concerning the said Treaty For the Negotiating whereof the said Earl purposely was sent and he the said Earl being then told That there was little probability that these Treaties would or could have any good success he the said Earl acknowledged as much and yet nevertheless contrary to his duty and alleagiance and to the faith and truth of an Ambassador he the said Earl said and affirmed That he cared not what the success thereof would be for he would take care to have his Instructions and to pursue them punctually and howsoever the business went he would make his Fortune thereby or used words at that time to such effect whereby it plainly appeareth That the said Earl from the beginning herein intended not the Service or Honor of his late Majesty but his own corrupt and sinister ends and for his own advancement V. That from the beginning of his Negotiation and throughout the whole managing thereof by the said Earl of Bristol and during his said Ambassage He the said Earl contrary to his faith and duty to God the true Religion professed by the Church of England and the Peace of this Church and State did intend and resolve that if the said Marriage so treated of as aforesaid should by his Ministry be effected that thereby the Romish Religion and Professors thereof should be advanced within this Realm and other his Majesties Realms and Dominions and the true Religion and Professors thereof discouraged and discountenanced And to that end and purpose the said Earl during the time aforesaid by Letters unto his late Majesty and otherwise often counselled and perswaded his said late Majesty to set at liberty the Jesuites and Priests of the Romish Religion which according to the good Religious and Politick Laws of this Kingdom were imprisoned or restrained and to grant and to allow unto the Papists and Professors of the Romish Religion free Toleration and silencing of all the Laws made and standing in force against them VI. That by the false Informations and Intelligence of the said Earl of Bristol during the time aforesaid unto his said late Majesty and to his Majesty that now is being then Prince concerning the said Treaties and by the Assurances aforesaid given by the said Earl his said late Majesty and the Prince his now Majesty being put into hopes and by the said long delay used without producing any effect their Majesties being put into jealousies and just suspition that there was no such sincerity
used towards them as they expected and with so many Answers from the Earl had on their part been undertaken the said Prince our now gratious Soveraign was inforced out of his love to his Countrey to his Allies Friends and Confederates and to the peace of Christendom who all suffered by those intolerable delays in his own person to undertake his long and dangerous journey into Spain that thereby he might either speedily conclude those Treaties or perfectly discover that on the Emperors and King of Spains part there was no true and real intention to bring the same to conclusion upon any fit and honorable terms and conditions and did absolutely and speedily break them off By which journey the person of the said Prince being then Heir-Apparant to the Crown of this Realm and in his person the peace and safety of this Kingdom did undergo such apparant and such inevitable danger as at the very remembrance thereof the hearts of all good Subjects do even tremble II. Offences done and committed by the said Earl during the time of the Princes being in Spain VII THat at the Princes coming into Spain during the time aforesaid the Earl of Bristol cunningly falsly and traiterously moved and perswaded the Prince being then in the power of a foreign King of the Romish Religion to change his Religion which was done in this manner At the Princes first coming to the said Earl he asked the Prince for what he came thither the Prince at first not conceiving the Earls meaning answered You know as well as I. The Earl replied Sir Servants can never serve their Master industriously although they may do it faithfully unless they know their meanings fully Give me leave therefore to tell you what they say in the Town is the cause of your coming That you mean to change your Religion and to declare it here And yet cunningly to disguise it the Earl added further Sir I do not speak this that I will perswade you to do it or that I will promise you to follow your example though you will do it but as your faithful Servant if you will trust me with so great a secret I will endeavor to carry it the discreetest way I can The Prince being moved at this unexpected motion again said unto him I wonder what you have ever found in me that you should conceive I would be so base and unworthy as for a Wife to change my Religion The said Earl replying desired the Prince to pardon him if he had offended him it was but out of his desire to serve him Which perswasions of the said Earl was the more dangerous because the more subtile whereas it had been the duty of a faithful Servant to God and his Master if he had found the Prince staggering in his Religion to have prevented so great an error and to have perswaded against it so to have avoided the dangerous consequence thereof to the true Religion and to the State if such a thing should have hapned VIII That afterwards during the Princes being in Spain the said Earl having conference with the said Prince about the Romish Religion he endeavored falsly and traiterously to perswade the Prince to change his Religion and to become a Romish Catholick and to become obedient to the usurped Authority of the Pope of Rome And to that end and purpose the said Earl traiterously used these words unto the said Prince That the State of England never did any great thing but when they were under the obedience of the Pope of Rome and that it was impossible they could do any thing of note otherwise IX That during the time of the Princes being in Spain the Prince consulting and advising with the said Earl and others about a new offer made by the King of Spain touching the Palatinates Eldest Son to marry with the Emperors Daughter but then he must be bred up in the Emperors Courts the said Earl delivered his opinion That the Proposition was reasonable whereat when Sir Walter Aston then present falling into some passion said That he durst not for his head consent to it the Earl of Bristol replied That he saw no such great inconvenience in it for that he might be bred up in the Emperors Court in our Religion But when the extream danger and in a manner the impossibility thereof was pressed unto the said Earl he said again That without some great Action the Peace of Christendom would never be had which was so dangerous and so desperate a Counsel that one so near the Crown of England should be poysoned in his Religion and become an unfriend to our State that the consequences thereof both for the present and future times were infinitely dangerous and yet hereunto did his disaffection to our Religion the blindness in his Judgment misled by his sinister respects and the too much regard he had to the House of Austria lead him III. Offences done and committed by the said Earl after the Princes coming from Spain X. THat when the Prince had clearly found himself and his Father deluded in these Treaties and hereupon resolved to return from the Court of Spain yet because it behoved him to part fairly he left the powers of the Desponsories with the Earl of Bristol to be delivered upon the return of the Dispensation from Rome which the King of Spain insisted upon and without which as he pretended he would not conclude the Marriage The Prince foreseeing and fearing lest after the Desponsories the Infanta that should then be his Wife might be put into a Monastery wrote a Letter back to the said Earl from Segovia thereby commanding him not to make use of the said Powers until he could give him assurance that a Monastery should not rob him of his Wife which Letter the said Earl received and with speed returned an Answer thereto into England perswading against this Direction yet promising Obedience thereunto Shortly after which the Prince sent another Letter to the said Earl into Spain discharging him of his farther command But his late Majesty by the same Messenger sent him a more express direction not to dispatch the Desponsories until a full Conclusion were had of the other Treaty of the Palatinate with this of the Marriage for his Majesty said That he would not have one Daughter to laugh and leave the other Daughter weeping In which Dispatch although there were some mistaking yet in the next following the same was corrected and the Earl of Bristol tyed to the same Restriction which himself confessed in one of his Dispatches afterwards and promised to obey punctually the Kings command therein yet nevertheless contrary to his Duty and Alleagiance in another Letter sent immediately after he declared That he had set a day for the Desponsories without any Assurance or so much as treating of those things which were commanded to him as Restrictions and that so short a day that if extraordinary diligence with good success in the Journey had not concurred
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 Loâd 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
his gracious acceptance of his service as in his Letters of November 24. 1622. written as followeth Viz. Your Dispatches are in all points so full and in them we receive so good satisfaction as in this we shall not need to inlarge any further but onely tell you we are well pleased with this diligent and discreet imployment of your endeavors and all that concerneth our service so are we likewise with the whole proceedings of our Ambassador Sir Walter Aston Thus we bid you heartily farewel Newmarkeâ Novemb. 24 1622. And afterwards his Majesty was likewise pleased in his Letters of 8 Ianuary 1622. a little before our gracious Soveraign Lord the King then Prince his coming into Spain Viz. as followeth Concerning that knotty and unfortunate Affair of the Palatinate to say the truth as things stand I know not what you could have done more then you have done already And whereas it is objected the Palatinate should be lost by the hopes he the said Earl gave by his Letters out of Spain it is an Objection of impossibility for there was nothing left but Mainheim and Frankendale when his first Letters out of Spain could possibly come to his late Majesties hands for he did not begin to Negotiate that business until August 1622. and about that time Heidelberg and all but Mainheim and Frankendale was lost and Mainheim he had saved by his industry had it not been so suddenly delivered as is by his Majesty acknowledged by Letters of 24 November 1622. written thus Viz. And howsoever the Order given to the Infanta for the relief of Mainheim arrived too late and after the Town was yielded to Tilly yet must we acknowledge it to be a good effect of your Negotiation and an Argument of that Kings sincere and sound intention And Frankendale being by the said Earls means once saved was again the second time saved meerly by the said Earls industry and procuring a Letter from the King of Spain dated the second of February 1623. whereupon followed the Treaty of Sequestration which hath since continued And he the said Earl was so far from hindring Succors by any Letter or Counsel of his that he was the Sollicitor and in great part the procurer of most of the Succors that had been sent thither as is formerly set down And when his Royal Majesty that now is and the Duke of Buckingham arrived at the Court of Spain they found the Business of the Palatinate in so fair a way that the Spanish Ministers told them the King should give his late Majesty a Blank in which we might frame our own Conditions and the same he confirmeth unto us now and the like touching this Blank was likewise acknowledged by the Duke of Buckingham in his Speech in Parliament after the return of his Majesty out of Spain And it will appear by the Testimony of Sir Walter Aston and by his and the said Earls Dispatches that the said Earl wanted not industry and zeal in the business insomuch as the last Answer the said Earl procured herein from the King of Spain was fuller then he the said Earl was ordered by his late Majesties latest Letters to insist upon So as by that which hath been alledged the said Earl hopeth your Lordships will be satisfied not onely that he wanted neither will nor industry but that he hath with all true zeal and affection and with his own means faithfully served their Majesties and the Prince Palatine in this Cause And for assurance in that Affair he had all that could be between Christian Princes and if in the said Assurances there hath been any deceit as by the said Article is intimated which he never knew nor believed he referred it to God to punish their wickedness For betwixt Princes there can be no greater Tye then their Words their Hands and Seals all which he procured in that behalf and both the said Earl and Sir Walter Aston were so confident that the business would be ended to his late Majesties satisfaction that in a joynt Dispatch to his late Majesty of 24 November 1623. after his now Majesties return into England they wrote as followeth Viz. We hope that your Majesty may according to your desire signified to me the Earl of Bristol by the Letters of October 8 give to your Majesties Royal Daughter this Christmas the comfortable news of the near expiring of her great troubles and sufferings as unto the Prince your Son the congratulation of being arrived to a most excellent Princess And having thus given your Lordships an Accompt of his Proceedings touching the Palatinate he will by your Lordships good favors proceed to the other part of that Charge concerning the Marriage And first touching his hopes and assurances that he is charged to have given to his late Majesty and Ministers of State here in England of the Spaniards real proceedings in the said Match when he said he knew they never meant it He saith he never gave any hopes of their proceedings but such and the very same that were first given to him without adding or diminishing neither could he have done otherwise either with honesty or safety And he further saith That the hopes he gave were not upon any Intelligence but as well in that of the Match as the other of the Palatinate his Advertisements were grounded upon all the Assurances both of Words and Writing that could possibly pass between Christians as will be made evidently appear by his Dispatch of 9 September 1623 which he humbly desires may be read if the length of it may not displease The substance being to shew all the Engagements and Promises of the King of Spain that he really intended the Match And the causes why the Conde Olivares pretended to the Duke of Buckingham that the Match was not formerly meant was onely thereby to free himself from Treating any longer with the said Earl to the end that he might treat for larger Conditions in point of Religion with the said Duke The said Conde Olivares taking advantage of having the Person of his Majesty then Prince in his hands And with this Dispatch the said Earl acquainted his Majesty that now is in Spain before he sent it And by this Dispatch the Earl doubteth not but that it will appear to this Honorable Court that whilest the Treating of this business was in hand he proceeded in that not onely with care and industry but with some measure of vigilancy And for clearing an Objection that hath been alleadged that the Match was never meant before the Dukes coming into Spain nor after the Earl craveth leave to set down some few Reasons of many which caused him to believe that the said Match was and had been really meant and that it was so conceived by both their Majesties and the King of Spain and their Ministers on both sides For first The Duke of Buckingham certified his late Majesty that the business of the Marriage was brought to a happy Conclusion whereupon
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
default in continuing upon Generalities without pressing to Particulars but hath been caused as well by Difficulties which the business brought with it as also with exterior Accidents viz. The Wars of Bohemia the death of two Popes and of the late King of Spain without the least fault of the said Earl as is acknowledged by his late Majesty of blessed memory in the said Earl his Instructions on the 14. of March 1621. Neither could any delay herein be attributed unto him the said Earl For he was imployed in those times into Germany and Flanders and Sir Walter Aston and Sir Francis Cottington for the space of three or four years were resident in Spain from whence the hopes they gave were upon all the discreet grounds that Ministers can expect from a State But the Earl reassumed this business six moneths before his Majesties coming into Spain and he was so desirous to see his Majesty then Prince bestowed that he pressed nothing so much both to the King and Prince as that the Prince might lose no more time and rather to break the Match with Spain then suffer any further delays as will appear by his Dispatches from his first arrival at the Court of Spain until his Majesties then Prince his coming For in his Letters of Iune 20. 1622. being the first he wrote after his first Audience he was so desirous that no time might be lost that in them he craveth leave of his Majesty that in case he should find any Delays in Spain he might without expecting any Order take his leave and come home Upon the return of Sir Francis Cottington in September following he wrote both to the King and his Majesty then Prince To the King as followeth I Shall presume to add to that which Mr. Cottington shall deliver unto your Majesty by word of mouth of the present estate of the Match what I conceive to be the right way to bring it to a speedy issue That your Majesty will be pleased positively to declare what you will do in point of Religion and that you will appoint me a certain limited time by which this King should procure the Dispensation or conclude the Match without it And in case there shall be any further delay therein that I may then declare your Majesty to be free and disengaged to bestow the Prince in such sort as you shall judge most convenient And to the Prince at thesame wrote in these subsequent words viz. THat which will be necessary for his Majesty presently to do on his Majesties part is to declare himself how far he will be pleased to yield in point of Religion as Mr. Cottington will approve unto your Highness And that he set a prefixed time to break or conclude the Match either with the Dispensation or without the same For the rest it may be left to my Negotiation But your Highness may be pleased to hasten his Majesties resolution with all possible speed And the said Earl saith That having received from his said late Majesty his resolution in point of Religion and a limited time according to his desire he was so precise and punctual therein that although the making or breaking of the Marriage depended upon it he would not give one moneths respite longer time for the procuring of the Dispensation until he had first acquainted his late Majesty therein and received his Directions under his own hand as will appear by his Majesties Letters of Octob. 25. 1622. as followeth RIght Trusty and welbeloved Cousin and Counsellor We greet you heartily well Whereas by your last Letter written to our Secretary dated Sept. 29. you are desirous to have our pleasure signified unto you under our own hand Whether we will be content or not to grant a Moneths time longer for the coming of the Dispensation from Rome then we have already limited unto you in case they shall there conclude all things else to our contentment with a Resolution to send the Infanta hither the next Spring We do hereby declare unto you that in that case you shall not break with them for a Moneths longer delay We also wish you not to trouble your self with the rash Censure of other men in case your business should not succeed resting in that full assurance of our Iustice and Wisdom that we will never judge a good and faithful Servant by the effect of things so contingent and variable And with this assurance we bid you heartily farewell And he further saith That when he had agreed to the Articles of Religion and that a certain time was set for the coming of the Dispensation and a Conclusion of the Match although he would bind himself to nothing without his Majesties approbation yet for that no time might be lost he agreed to the Propositions De bene esse sent by Mr. Porter Decemb. 10. 1622. to the end the Articles might immediately be sent to Rome without losing so much time as to hear first from England And humbly moved that in case his Majesty should like of the said Articles he would send his Approbation directly to Rome for the gaining of time which his Majesty was pleased to do And at the same time he wrote both to his said late Majesty and his Majesty then Prince as followeth viz. To his Majesty This is the true state of the business as it now standeth If your Majesty approve of what is done I hope it will be a happy and a short Conclusion If your Majesty think it not fit to allow and condescend to the said Articles I have done the uttermost of my endeavors and shall humbly perswade your Majesty not to lose a day longer in the Treaty so much it importeth your Majesty and your Kingdoms that the Prince were bestowed And to the Prince in Letters of the like date in this sort I have presumed to write to his Majesty that which I think my duty to say to your Highness That in case you shall not approve of what is now conditionally agreed you permit not a day more to be lost in this Treaty For it is of so great consequence that your Highness were bestowed that it importeth almost as much that you were speedily as âitly matched But I hope his Majesty and your Highness will in such sort approve of this last Agreement as you will speedily bring this long Treaty to a happy conclusion I am out of hope of bringing things to any better terms therefore I deal clearly with your Highness and do not only most humbly perswade but on my knees beg it of you that you either resolve to conclude this Match as you may or speedily to break it and bestow your self elswhere for no less then the happiness of your Kingdom and the security of the King your Father and your self depend upon it All which things being considered the Earl most humbly submitteth himself to the Judgment of that most high and honorable Court whether the Delays which accidents have brought forth in
this business can be attributed to his fault since on the one side it will evidently appear to your Lordships that be never moved his Majesty and the Prince to admit of delays but rather to think of some other course and it will on the other side appear by all the Dispatches that he pressed things with the Ministers of Spain to as speedy a conclusion as the uttermost terms of fair Negotiation and good manners would bear And whereas it is pretended that the Spaniards should take occasion by entertaining the said Treaties to abuse his said late Majesty which he knoweth not yet he saith he used all the vigilancie and industry that a careful Minister could do and had from the Spaniards all the assurances by oaths words and writings which could be expected from Christians the which without adding or diminishing he faithfully presented unto his said late Majesty and his said late Majesty was pleased in those times to conceive upon those assurances that they dealt really with him And he conceiveth that his Majesty that now is then Prince and the Duke of Buckingham were pleased to write as much to the late Kings Majesty at their first coming into Spain and that all which the said Earl had written touching that imploiment was there avowed by the Conde Olivarez and Conde Gondomar to the said Prince and Duke at their arrival at Madrid and he hopeth that if that Dispatch may be perused it will as well appear and be adjudged that he served his Majesty with some measure of vigilancie as well as fulness of fidelity III. To the Third Article the said Earl saith That he did not either by words or by Letters to his late Majesty or his Ministers extol or magnifie the greatness and power of the King of Spain nor represented to his late Majesty the supposed dangers that might ensue unto him if a War should happen between him and the King of Spain nor affirmed nor insinuated the same as in the said Article is mentioned but if he did at any time speak or write of the power and greatness of the King of Spain or represented any danger to his said late Majesty that might ensue by entring into Hostility with the said King of Spain it was as a faithful Counsellor and Servant to his Majesty by way of his advice and opinion which he ever delivered sincerely faithfully and truly according to the present occasion and in no wise with such as intent as in the said Article is mentioned nor to any other evil intent and purpose whatsoever But he hath been so far from disswading his late Majesty to take Arms that he hath upon all just occasions advised that all fitting preparations for War might be made as beginning with the year 1621. from which time he is onely charged will appear by his Speech in Parliament presently after his return out of Germany and that he hoped his Majesty would no longer relie upon single Treaties but make all fitting preparations for War and that the Parliament would enable his Majesty thereunto and by the care he took before his going again upon his Ambassage into Spain that the establishment of an Army under his Majesties own Standard of Horse and Foot and under his own pay might be setled and provided for as likewise his advice to the Lords of the Council that his Majesty might have a curb upon the King of Spain upon all occasions by continuing of Sir Robert Mansfields Fleet upon the Coasts of Spain as will appear by his Letter written from Vienna 26 Iuly 1621. mentioned in the Answer to the first Article By all which it appeareth That he labored and endeavored as much as in him lay that his Majesty might be well prepared for any occasions of War that should happen And he no way remembreth to have discouraged or to have spoken or written any thing that might have been understood to have tended to the discouraging of his said late Majesty for the taking of Arms and entring into hostility with Spain or for resisting of him and his Forces from attempting the Invasions of his late Majesties Dominions or the Dominions of his late Majesties Confederates Friends or Allies as by the said Article is charged against him neither remembreth that he had any cause so to do But if he have in any kinde spoken or written of Spain or the power thereof it may have been to his late Majesty or his Majesty that now is by way of discourse speaking of the solidness of the Spanish proceedings of their serious and deliberate debating of business before they resolve on them of the constant pursuing of them when they are once resolved wishing that England and other Nations would therein imitate them For he supposeth the right way to impeach their greatness was to grow as wise as they and to beat them at their own Weapons But otherwise he is confident never to have been heard to speak or write any thing that might give any terror or discouragement to his late Majesty or his cheif Ministers knowing that England well-ordered need to take little terror at the power of Spain having almost in all attempts and enterprises won honor upon them And as for the preventing of dangers that might ensue upon a War though he knew not what is aimed at in that particular yet he is most confident out of the Integrity of his own Conscience That he neither said nor advised any thing but what befitted a faithful Counsellor and an Ambassador which was truly to deliver his opinion as he understood it upon the present occasion And as for affirming that his Majesties quiet should be disturbed and he not to be permitted to Hawk or to Hunt he remembreth not what discourse he may have had or written to any person how fit it might be upon the being broiled in a great War seriously to intend it and to make it our whole work But as he is confident it will appear that what discourse soever it might have been it wanted not true zeal and affection which he hath ever borne to the Kings service And he hopeth it will not be found to want due respect and reverence on his part which he ought to shew to so gratious a Master Neither can it be conceived that the considerations of Hunting and Fowling should be considerations worthy so great and prudent a King to withhold from a War for the good of Christendom and his Kingdom if he should have been justly provoked thereunto IV. To the Fourth Article the said Earl saith That he did not any thing contrary to his duty and alleagiance or contrary to the faith and duty of an Ambassador as by this Article is alleaged but did intend the service and honor of his late Majesty and no corrupt and sinister ends of his own advancement as by this Article is also alleaged And as for the Conferences which is pretended he should hold concerning the Treaty That being told there was little
probability that the said Treaties would or could have good success he should acknowledge as much and yet said he cared not what the success thereof might be but that he would take care to have his Instructions perfect and to pursue them punctually and would make his Fortune thereby or words to that effect he doth not ever remember to have held such discourse Though it be true the time hath been many years since when he thought the Match very unlike to be effected in regard unequal Answers were given in Prince Henries days and of the unlikelihood of accommodating the differences of Religion And saith further That the reviving of the Treaty of the said Match for his Majesty that now is was not by his means for he ever declared his opinion clearly both to his late Majesty and to his Majesty that now is That in the first place he wished and advised a Protestant Match but in the duty of a Servant understanding that both their Majesties desired the Match really with Spain he did really and faithfully intend the service and honor of their Majesties and effectually endeavored to procure their ends And it is very likely he might say he would get his Instructions perfect and pursue them punctually as he conceiveth was lawful and fit for him but the latter part of this Conference that he should say he would make his fortune by it or any other words to that effect he was in Anno 1621. and ever since of that rank and quality both in regard of his Imployments Fortunes and his Majesties favors that he assureth himself he did not and dares Answer so far for his discretion That it was impossible for him to hold so mean and unworthy discourse V. To the Fifth Article he saith That what is therein alleaged is so far from being so that contrarily upon all occasions to the uttermost of his power he did labor to prevent all the inconveniences in point of Religion that might come by matching with a Princess of a different Religion as well appeareth by the Paper of his opinion that his Majesty should marry with a Lady of his own Religion hereafter mentioned in his Answer to the Seventh Article And for further proof thereof he saith That in the whole Treaty with Spain he stood more strict in points of Religion then by his Instructions he needed to have done as will appear by the Testimony of Sir Walter Aston and his Dispatches of the Twelfth of December 1622. and other Dispatches which he desireth may be read And as for concealing or perswading to set at liberty the Priests or Jesuits he utterly denieth to have done any such thing as before he hath answered Although it be true that the Ambassage in Spain be far different from the employment in other places where there is a Body of our Reformed Religion and whereby his Majesty hath Kinred and Allies whereby his Majesties Ministers may be informed of the necessary Occurrents of State without the helps of Priests or Jesuites But in Spain there being none but Roman Catholicks nor any manner of correspondency or intelligence but by them the Ambassadors must make use of all sorts of people especially of Jesuites and Priests and to that end Ambassadors sent thither have a large and particular Warrant under the Kings hand to treat and make use of Priests and Jesuites and all other sorts of men unless it be such as are proclaimed Rebels And divers times the Ministers employed in Spain to gratifie some whom there they employed for the Kings service have as he believeth at their partiticular Suit moved his Majesty to extend Grace and Favor to some parcular Friend and Kinsman of his being a Roman Catholick and imprisoned in England and that he remembreth to have hapned to others but doth not remember himself to have written to his late Majesty in that kinde And as concerning his advice and counsel to set at liberty Jesuites and Priests and the granting to the Papists a Toleration or the silencing of the Laws against them he said that his late Majesty was engaged by the Treaty of Madrid 1617. in divers matters concerning Religion likewise by promise to Conde Gondomar and his Letters to the King of Spain 17 April 1620. wherein he is pleased to promise some particulars in favor of Roman Catholicks as by the said Letters will appear And notwithstanding the said Earl had sufficient Warrant under the Kings own hand to assure the King of Spain whatsoever was agreed in the said Article or in the said Letters his Majesty would sincerely perform yet the said Earl was so cautious in that point that when for the conclusion of the Match the other Articles of Religion being allowed it was pressed by the Spanish Ministers that a Clause of Convenience might be inserted with Protestation That the form and way thereof should be wholly left to his Majesties wisdom and clemency and that his Majesties Roman Catholick-Subjects should acknowledge this Grace to have come from the Kings Majesties mercy and goodness Yet the said Earl would not condescend hereunto De bene esse as by his Letters to Master Secretary Calvert 8 October 1622. will appear hereby to give his Majesty time to have recourse unto his second Consultation and to take it into consideration before he would engage or binde himself in this point But his late Majesty and his Majesty that now is were pleased to condiscend hereunto by signing the said Articles with their own hands and likewise by writing their private Letters of the Eight of Ianuary 1622. to that effect to the King of Spain as by the said Letters will appear Neither did the said Earl by Letters or otherwise ever counsel or perswade his late Majesty to grant or allow unto the Papists or Professors of the Roman Religion a free Toleration and Silencing of the Laws made and standing in force against them but ever protested against any such Toleration and when any such Provision hath been offered to be made in Spain he ever refused so much as to give ear to it or to suffer it to be propounded although it be true that he hath since seen a Paper touching Pardons Suspensions and Dispensations for the Roman Catholicks bearing date the Seventh of August 1623. signed by the Lord Conway and others which in effect is little less then a Toleration which Paper is that which followeth Salisbury 7 August 1623. The Declaration touching the Pardons Suspensions and Dispensations of the Roman Catholicks FOr the satisfaction of their Excellencies the Marquess of Ynojosa and Don Carlos de Colonia the Lord Ambassadors for the King of Spain and to the end it may appear that his Majesty of Great Britain will presently and really put in execution the Grace promised and intended to the Roman Catholicks his Majesties Subjects and of his own Grace more then he is tyed to by the Articles of Treaty of Marriage We do declare in his Majesties Name That
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 Mulâs 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 unâo 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
but other Motives that were the original cause of his Majesties said journey as shall be sufficiently made apparent in due time And the said Earl having got an inkling of it by something that was let fall from the Conde Gondomar to that purpose instantly dispatched away Mr. Grisley to his late Majesty to have this journey prevented who upon the Confines of France met with his Majesty and the Duke of Buckingham on his journey towards Spain and told them as much So that although he confesseth what is laid in the Charge to be true viz. That by the said journey the person of the Prince the peace and safety of the Kingdom did undergo further danger at the remembrance thereof the hearts of all good Subjects do tremble yet the blame is due to the Authors and Advisers of the same journey and not to the said Earl And although it pleased God to the exceeding great joy and comfort of the said Earl and of all good men to send his gratious Majesty home with safety yet never was the person of any Prince upon such grounds exposed to so great an hazard and in such Cases not the Success but the Counsellors are considerable VII To the Seventh Article the said Earl saith That he did not move or perswade his Majesty then Prince to change his Religion neither in the manner in the said Article mentioned nor in any other manner whatsoever Neither doth he conceive that the charge in it self as it is laid will in any reasonable construction bear any such inference as is made therein so as he conceiveth he needeth not make any further or other Answer thereunto Yet that it may appear that the manner he used to the said Prince was not traiterously falsly or cunningly nor without ground or to any such intent as in the said Article is supposed And to manifest unto this most high and honorable Court how far he was from all such intention he saith That he doth acknowledge that within few days after his Majesties coming into Spain whilst he had that great honor to have his Majesty lodged in his House and to have so Royal a Guest finding by the Spanish Ministers That there was a general opinion that his Majesties coming thither was with an intention to become a Roman Catholick and the Conde Gondomar having that very morning pressed the Earl not to hinder so pious a work as he termed it of his Majesties Conversion and seeming to be assured of the Duke of Buckinghams assistance therein his Majesty being all alone in a withdrawing Room in the said Earl his House the said Earl kneeled unto him and told him That he had a business to impart unto him which highly imported his Majesty to know so that he might be assured his boldness therein might be pardoned which his Majesty gratiously promised And thereupon the said Earl told his Majesty That the general opinion of that Court was that his Majesties coming into Spain was with an intention to be a Roman Catholick and there to declare it And he confesseth That at the same time in regard of those things he had heard he humbly besought his Majesty to deal freely with him as a Servant of whose fidelity he might be confident or words to that effect But he was so far from perswading his Majesty to be a Roman Catholick that without respecting his Majesties Answer he declared himself to be a Protestant and so should always continue yet he said he should always serve his Majesty and labor to advance his and the King his Fathers affairs with as much fidelity and honesty as any Catholick whatsoever And his Majesty was pleased then to make unto the said Earl a full and clear Declaration of his Religion and of his constant resolution therein and seemed to be much displeased that any should have so unworthy an opinion of him as to think he would for a Wife or any other Earthly respect whatsoever so much as waver in his Religion Whereupon the said Earl besought his Majesty to pardon his boldness and then intreated him not to suffer his business to be overthrown by permitting that conceit of his Conversion any longer to remain in the Spaniards nor do any thing that might give them hope therein alleaging That it was impossible the Marriage could be without a Dispensation and so long as the Spaniards who were to procure the Dispensation should have hope of his Majesties Conversion they would never content themselves with a part to which they were tied by the Articles agreed upon with the said Earl and Sir Walter Aston At which time his Majesty was pleased to approve of his opinion and said he would expect the Dispensation and did thereupon afterwards send Mr. Andrews to Rome to hasten it and the next day the said Earl dealt very roundly with the Conde Olivares and Gondomar telling them it was a discourteous manner of proceeding to press his Majesty to further Conditions then were formerly agreed upon in point of Religion and to make his Conditions the worse for the great Obligation he had put upon them by putting himself into their hands whereat they took such great offence that they estranged themselves from him for a long time after And that the said Earl did thus proceed with the said Condes and that it was not a new framed Answer to satisfie present Objections but that which really and indeed passed will really appear by his Dispatches unto his late Majesty of Blessed Memory and before his Majesty that now is came out of Spain they were there shewed unto his Majesty bearing date the Nineth of September 1623. So that although it be true That he the said Earl did not disswade his Majesty for that there was no cause for it yet without expecting his Majesties Answer he first made a clear and true Profession of his own Religion And when his Majesty had declared to him his zeal and constancy he humbly besought him That the Spaniards might not for any respect be longer held in hopes of that point And because point of Religion is that which all men of honor and honesty should cheifly desire to clear especially having an imputation of that nature laid upon them as the said Earl hath in the said Article He humbly beseecheth your Lordships that he may not seem to digress from his Charge intending your Lordships satisfaction in that particular not by the aforesaid verbal discourse onely which he professeth was in much zeal to Religion and dutiful care to the Prince in that kinde but by some written Testimony of his former Opinion both of the Match and Religion When he was first employed into Spain for the Treaty of this Marriage 1617. his late Majesty having commanded him to give an accompt thereof unto his Majesty that now is he at his departure towards Spain presumed to give unto his Majesty that now is his opinion in Writing signed with his own hand to be kept as a testimony
What the said Earl saw in his Majesty that he should think him so unworthy as to change his Religion for a Wife or any earthly respect whatsoever So why should it be thought that being more fit to undertake great actions in the world being a meer moral and temporal respect should be an argument to perswade in conscience so religious and wise a Prince and so well instructed as his Majesty is as though the soul of a Christian Prince was to be wrought upon in point of Truth and Belief by temporal and worldly respects of Conveniencies and Greatness It were necessary for the proving that the said Earl perswaded his Majesty touching Religion to produce some arguments that he used out of Scripture to satisfie him in point of Conscience in some Tenents of the Roman Church or that he produced any Conference with Learned men for his satisfaction in point of Religion Otherwise the Articles used in this against the said Earl do as he conceiveth caâry little strength to prove the Charge of perswading his Majesty either in regard of it self or in regard of his Majesties piety IX To the Ninth Article the said Earl saith That there was a Discourse in Spain of the way of accommodating the Prince Palatine his affairs and by way of discourse it was moved That the Marriage of his eldest Son with a Daughter of the Emperor and his Son to be bred in the Emperors Court would be the fairest way for the pacifying of and accommodating those businesses And the Earl by way of discourse and not otherwise did say That he thought his late Majesty could not be adverse either to the said Match or to the breeding of the Prince Palatine his Son with the Emperor so as thereby the whole Patrimonial Estate of the Prince Palatine and the Dignity Electoral might be fully restored and that his Son might be bred in his own Religion and have such Preceptors and such a Family as his late Majesty and his Father meaning the Prince Palatine should appoint and they to have free exercise of Religion For so his late Majesty hath often declared himself to the said Earl and wished him to lay hold on any occasion for the entertaining of any such Proposition And otherwise then so and upon the terms aforesaid and by that way of Conference and discourse only he delivered not any Opinion to his Majesty at his Majesties being in Spain For the said Earl is very confident that his Majesty was returned out of Spain before any Proposition was made for the said Marriage other then by way of discourse as aforesaid The same as the said Earl believeth being first moved and debated on by way of Proposition between Mr. Secretary Calvert and the Ambassador of the King of Spain Octob. 2. 1628. His late Majesty upon a relation made unto him by a Letter of Mr. Secretary Calvert approved of the said Proposition and declared the same to be the onely way as he conceived to accommodate with honor those great businesses And wrote to that purpose to his Son-in-law the Prince Palatine by his Letters dated 9 Novemb. 1623. A Copy of which he together with Mr. Secretary Calverts Relation and the Lord Conway by his late Majesties commandment sent unto the said Earl the Tenor of which translated out of French is as followeth WE have thought good that we may provide best and most soundly for your Affairs not only to procure but also to assure your Peace were to cut up by the very roots that Evil which hath been setled in the heart of the Emperor by the great displeasure and enmity he hath conceived against you For the removing and quite extinguishing of which it seemeth to us no better or more powerful means can be used then a good Alliance which may be proposed by us between your eldest Son and the Daughter of the said Emperor upon the assurance we have we shall not be refused in this nature if you on your part will give your consent And for the more surety of the good success thereof we are determined before any such Proposition be made to the Emperor to interess the King of Spain with us in the business who we trust will lend us his helping hand as well for the effecting of it and bringing it to a good conclusion as in procuring likewise that the Conditions be duly observed Amongst which Conditions if it happen that the Emperor should demand that your Son during his minority should be brought up in his Court We shall tell you that we for our own part see no reason why you should stick at it upon such Conditions as he might be tied unto to wit That the young Prince should have with him such Governor as you should please to appoint him although he be no Roman Catholick And that neither he nor any of his should be any way forced in matter of their Conscience And our meaning is so to order our proceeding in this Treaty that before your said Son be put into the hands of the Emperor we will have a clear and certain assurance of an honorable entire and punctual restitution of all whatsoever belonging to you As also we will take care to provide accordingly as fully and exactly for the Assurances requisite for the Liberty of Conscience for him and his Domesticks as they have done here with us touching those that have been granted them for the Infanta And therefore seeing there is no Inconvenience at all that may cause your aversness or backwardness in this business which we for our parts think to be the best shortest and most honorable way that you can take for the compassing of the entire Restitution and making your Peace sure with the Emperor We hope your opinion will concur with us herein and shall intreat you by the first to send us your Answer By which Letter after his Majesties coming out of Spain it appeareth to your Lordships that there was no Proposition of the Marriage betwixt the Son of the Prince Palatine and the Emperors Daughter when that Letter was written For therein his Majesty saith he was determined to interess the King of Spain in the business before any such Proposition should be made to the Emperor And it will also thereby appear that his late Majesties opinion was of the Conveniencie thereof which the said Earl hopeth will acquit him if by way of discourse only he declared what his Majesties inclination was which with honesty he could not have concealed And the said Earl saith he doth not remember what answer Sir Walter Aston made upon that discourse which he then delivered nor what replies the said Earl made but sure he is whatsoever the said Earl said or what answer or reply soever was made as it was by way of discourse and not otherwise so it was according to that which he truly conceived to be the best and easiest way to accommodate the business and to be his Majesties pleasure which the
said Sir Walter Aston may be ignorant of as he is confident that he was and not out of any disaffection to our Religion or for any sinister respect or regard to the House of Austria as by the said Article is intimated For he did not conceive the breeding of the Prince Palatine's Son with the Emperor having a Governor appointed by his late Majesty and his Father and he and his Domesticks to have free use of their own Religion to be a matter of impossibility or such dangerous consequence in point of Religion as to imply his Conversion as by the Article is intimated well knowing that in the Emperors Court all Princes there though his Prisoners and others his Counsellors and Servants about his person and of great Command in his Armies being avowed Protestants have the free use of their Religion And it is not to be supposed the Son of the Prince Palatine Grandchild to the King of Great Britain should be matched and no care taken to capitulate for the use of his Religion being ever granted to the meanest Prince that is bestowed And his Majesties special care in this point is fully seen in the said Letter X. To the Tenth Article he saith That by comparing of this Article of his too much Forwardness with the Second Article whereby he is charged with continuing the Treaty upon Generalities without reducing them to Certainties and direct Conclusions Your Lordships will perceive how impossible it was for him to avoid an Exception But for direct Answer to the present Charge he saith That he did not presumptuously nor yet to his knowledge break his Instructions nor set any day at all for the Desponsories but was therein meerly passive in admitting the day nominated by the King of Spain according to the Capitulation before made Nor did he presumptuously wilfully or willingly disobey any Commandment or Direction of his Majesty that now is then Prince which he could understand not to be countermanded either by present or future Instructions otherwise explained And for the better manifestation of the truth of his proceedings in and concerning the same he saith That on the day of the departure of his Majesty then Prince from the Escurial in Spain his Highness delivered unto him in presence of the Commissioners his Proxies powers with publick Declaration taken in writing by the Secretary to the King of Spain of the Prince his pleasure and how the said Earl should use them viz. That he should deliver them to the King of Spain upon the coming of the Dispensation cleared from Rome according to that which had been agreed which was to be within ten dayes after the coming of the Dispensation And he further saith That it is true that the Prince afterwards by his Letters sent by one Mr Clark commanded him the said Earl not to deliver the said Proxies till he should have received security that the Infanta after her being betrothed should not enter into any Religious Order and that before he proceeded he should send to his Majesty then Prince such securities as should be offered that he might judge whether it were sufficient or not Whereupon the said Earl as became a faithfull Servant presented unto his Majesty that now is then Prince such Assurances as were offered unto him for securing of that point together with such Reasons as he conceived were fit to be offered to their considerations which gave unto his late Majesty and his Majesty that now is then Prince such satisfaction as they were pleased to dispatch a Post presently unto him absolutely discharging him of that Commandment as by their several Letters dated October 8. 1623. will appear as followeth We have received your Letters by Grisley and the copy of them to our dear Son and we cannot forbear to let you know how well we esteem the dutifull discreet and judicial Relation and humble advice to our Son Whereupon having ripely deliberated with our-self and communicated with our dear Son we have resolved with the good liking of our Son to rest upon that security in point of doubt for the Infanta's taking a Religious Order which you in your judgement shall think meet And by that other Letter of his Majesty that now is then Prince as followeth Viz. Your Letters to the King and me concerning that doubt I made after I came from St Laurence hath so satisfied us both that we think it fit no longer to stick upon it but leave it to your discretion to take what security you shall think fitting Whereby he was absolutely freed of that command and being so freed thereof he then remained under the Order which his Majesty then Prince had left with him at his departure which was to proceed according to the Capitulations and his Highness Declaration when he delivered the said Proxies unto him And so he intended to have done till by his Highness's Letters November 13. 1623. he was directly commanded the contrary which Commandment he most readily and punctually obeyed And for such his intentions till he was countermanded he conceiveth he had not onely sufficient warrant but had highly offended if he had done otherwise For first for his proceedings to consummate the Match he had warrant and instruction under his late Majesties hand Secondly It was the main scope of his Ambassage Thirdly He was injoyned by the King and Prince his Commission under the Great Seal Fourthly He had positive Order under his Majesties hand by Letters since Fifthly It was agreed by Capitulation that it should be within so many dayes after the coming of the Dispensation Sixthly His late Majesty and his Majesty that now is then Prince signified by their Letters unto him at the same time when they discharged him of his Commandment touching the Infanta's entring into Religion that they intended to proceed in the Marriage as by his Majesties Letters October 8. 1623. will appear Seventhly The Proxies were to that end left in his hands and after again renewed after his Majesties return into England Eighthly He had overthrown the Marriage without order For although Sir Walter Aston and himself used all possible means for the gaining of time and deferring the Desponsories yet the King of Spain caused it to be protested that in case he the said Earl should insist upon the deferring of the Desponsories he would free himself from the Treaty by the said Earls infringing of the Capitulations And in truth although the King of Spain should have condescended to have prolonged the Desponsories until one of the dayes of Christmas as by the Letter was required yet the Prince's Proxies had been before that time expired and he durst not without a precise Warrant put such a scorn upon so noble a Lady whom he then conceived was likely to have been the Prince his wife as to nominate a day of marriage when the Proxies were out of date and he was himself sworn to the Treaty And lastly he could not in honor and honesty but endeavor to perform
that publick Trust reposed in him when the Proxies were deposited in his hands with publick and legal Declaration with an instrument by a Secretary of State to the King of Spain leading and directing the use of them and the same being then instrumentum stipulatum wherein as well the King of Spain was interessed by the acceptation of the substitution as the Prince by granting of the Proxies he could not in honesty fail the publick Trust without clear and undoubted warrant which as soon as he had he obeyed So as the Case standing thus the said Earl is very confident that the supposed Countermands Directions and Restrictions when they should be perused and considered of will appear to have been very slender and insufficient warrant against the aforesaid Orders and Reasons before specified And is also as confident That what is assured out of his the said Earls Dispatches will also appear to be misunderstood and that if he had proceeded to the execution of the Desponsories before he received direct and express commandment to the contrary by the aforesaid Letters November 13. 1623. which he readily and punctually obeyed he had not under favor broken his Instructions or deserved any blame for lack of assurance of the restitution of the Palatinate and Temporal Articles And first of the Palatinate his said Majesty did not send to the said Earl express Directions not to dispatch the Desponsories until a full conclusion were had of the other Treaty of the Palatinate together with that of the Marriage as by the said Article is alledged onely his late Majesty by the aforesaid Letters of October 8. required the said Earl so to endeavor that his Majesty might have the joy of both at Christmas Whereas his Instructions of May 14. 1621. were express that he should not make the business of the Palatinate a condition of the Marriage And his late Majesties Letters of December 30. 1623. were fully to the same effect Yet did the said Earl according to what was intimated by the said Letters of October 8. so carefully provide therein as that before the Proxies were to be executed he had an absolute answer in the business of the Palatinate the same should be really restored according to his late Majesties desire and the Conde Olivarez both in his Majesties name and in his own desired the said Earl and Sir Walter Aston that they would assure his Majesty of the real performance of the same and intreated if need were they should engage their honor and life for it as by their joynt Dispatches of November 23. 1623. will appear and so much the said Sir Walter Aston and the said Earl agreed should be delivered to them in writing before they would have delivered their Proxies and so the said Earl declared it the which Answer in writing should have been the same which since was given them of Ianuary 8. 1623. And both Sir Walter Aston and the said Earl were confident therein as they by their said Letters of November 23. wrote to his late Majesty as followeth Viz. That his Majesty might according to his desire signified to the said Earl by his Letters of October 8. give as well to his Majesties Daughter that Christmas the comfortable news of the expiring of her great troubles and sufferings as to his Son the Prince the Congratulation of being married to a most worthy and excellent Princess By which it will evidently appear he meant not to leave the business of the Palatinate loose when he intended to proceed to the Marriage but he confessed that he was ever of opinion that the best pawn and assurance his late Majesty could have of the real proceedings of the Palatinate was That they proceeded really to the effecting of the Match and of the same opinion was his late Majesty also and the Lords Commissioners here in England as appeareth by his Instructions dated March 14. 1621. which opinion still continued in them as appeareth by his late Majesties Letters of Ianuary 7. 1622. And as for the Temporal Articles the said Earl saith when the Desponsories were formerly appointed to have been as he remembreth on Friday August 29. before the departure of his Majesty then Prince out of Spain which was onely hindred by the not coming of the Dispensation the Prince appointed him and Sir Walter Aston to meet with the Spanish Commissioners and they drew up the heads of the Temporal Articles wherewith the Prince and the Duke of Buckingham were acquainted and in case the Dispensation had come and the Desponsories been performed on that day there had been no other provision made for them before the Marriage but presently upon the Prince his departure he the said Earl caused them to be drawn into form and sent them to his late Majesty September 27. 1623. desiring to understand his Majesties pleasure with all speed especially if he disapproved any thing in them but never received notice of any dislike thereof until the aforesaid Letters of November 13. 1623. which put off the Desponsories So as it appeareth the said Earl was so far from breaking his Instructions or from having any intention to have proceeded to the execution of the Desponsories before his Majesty and the Prince were satisfied of this point of the Infanta entring into Religion or before convenient assurance as well for the restitution of the Palatinate as performance of the Temporal Articles that he deserveth as he conceiveth under favor no blame so much as in intention but if he had erred in intention onely as he did not the same being never reduced into Act the Fault as he conceiveth was removed by his obedience before the intention was put into execution For so it is in Cases towards God And as to the matter of aggravation against him that he appointed so short a time for the Desponsories as that without extraordinary diligence the Prince had been bound he thereto saith as he said before that he set no day at all thereunto nor could defer it after the Dispensation came from Rome without a direct breach of the Match so long labored in and so much desired yet he and Sir Walter Aston having used all possible industry to discover how the motion of deferring the Match would be taken and finding an absolute resolution in the King of Spain to proceed punctually and to require the Proxies according to the Capitulations within ten dayes after the coming of the Dispensation and that time also getting advertisement from Rome that the Dispensation was granted and would presently be there he the said Earl to the end in so great a Cause he might have a clear and undoubted understanding of his late Majesties pleasure sent a Dispatch of November 1. with all diligence unto his Majesty letting his Majesty know that it could not be possible for him to protract the Marriage above four dayes unless he should hazard the breaking for which he had no warrant But that this was no new Resolution nor the
King so straitned in time as by the said Article is pretended will appear by the said Earls Dispatch of September 28. 1623. In which upon scruple that was then made of the Infanta's entring into Religion he wrote to the same effect Viz. That if the Dispensation should come he knew no means how to detain the Proxies above twenty or twenty four dayes So that although difficulty happened until the middest of November 1623. yet it was foreseen that it must of necessity happen whensoever the Dispensation should come and then was warning of two moneths given thereof viz. from September 24. until November 29. which was the time appointed for the Desponsories So as he most humbly submits himself unto your Lordships which of the two wayes was the safer or dutifuller for him to take whether upon inferences and conjectures to have overthrown so great a business or on the otherside first to have presented unto his Majesty the truth and sincerity as he did the true estate of his Affairs with his humble opinion therein with an intimation that if his Majesty should resolve to break the Match that for the said Earl his honest discharge of the publick Trust reposed in him when the Proxies were deposited in his hands and for his sufficient warrant in so great a cause his Majesty would be graciously pleased to give him clear and express order which he had not and in the interim whilest his Majesty might take into consideration the great inconveniences that might ensue the said inconveniences might be suspended and the business kept upon fair terms that his Majesty might have his way and choice clear and unsoiled before him And as to the evil Consequences which are pretended would have followed if the said Earl had proceeded to the consummation of the Match before he had express order and warrant to the contrary he supposeth his Majesty should speedily have seen the Marriage which he so long sought to have effected that the Prince should have had a worthy Lady whom he loved that the Portion was much greater then ever was given in money in Christendom that the King of Spain had engaged himself for restitution of the Palatinate for which the said Earl conceived a daughter of Spain and Two Millions had been no ill pawn besides many other additions of advantage to the Crown of England Whereas on the contrary side he foresaw that the Prince would be kept a year longer unmarried a thing that so highly concerneth these Kingdoms he doubteth that the recovery of the Palatinate from the Emperor and Duke of Bavaria by force would prove a great difficulty and that Christendom was like to fall into a general Combustion So that desiring that his Majesty should have obtained his ends and have had the honor and happiness not onely to have given peace plenty and increase unto his own Subjects and Crowns but to have compounded the greatest differences that had been these many years in Christendom And by his Piety and Wisdom to have prevented the shedding of so much Christian Blood as he feared would ensue if these businesses were disordered These Reasons he confesseth and the zeal unto his Majesties service made him so earnestly desire the effecting of this business and cannot but think himself an unfortunate man his Majesties affairs being so near setling to his Majesties content as he conceived they were and hoping to have been unto his Majesty not onely a faithful Servant but a successful Servant to see the whole estate of his affairs turned up-side down without any the least fault of his and yet he the onely Minister on the English and Spanish side that remained under disgrace XI To the Eleventh Article the said Earl saith That the Article is grounded upon a Petition by him preferred to this Honorable House supposed to be scandalous which your Lordships as he conceiveth according to the Customs and Priviledges of the House of Peers would have been pleased first to have adjudged so to have been either for matter appearing in it self or upon hearing the said Earl for if the matter appearing in the Petition it self be not to be excepted unto it cannot as he conceiveth by Collateral accidents be taken for a Scandal till it be examined and found false For a plain and direct Answer thereunto he saith That the said Petition is such as will not warrant any such inference as by the said Article is inforced And that he hopeth to justifie the Contents of the said Petition in such sort as shall not displease his Majesty nor deserve that expression which is used in the Charge but contrarily what he hath said or shall say therein in his defence shall in all things tend to the Honor and Service of his Majesty by reducing into his Memory divers Circumstances and laying before him the passages of divers particulars which by undue practices have been either concealed from his Majesty or mis-related to him Having thus offered to this High and Honorable Court such Proofs and Reasons as he hopeth shall in your Lordships Wâsdom and Justice clearly acquit him of any capital Crime or wilful Offence if it shall appear that out of Errors of Judgment too much ferventness of zeal to his Majesties service or the ignorance of the Laws of this Realm wherewith he hath not been able to be so well acquainted as he ought by reason of Foreign Employments by the space of many years or by any other ways or means he hath faln into the danger of the Laws for any thing pardoned in the General Pardon made in the Parliament holden at Westminster Anno Vicesimo primo Regni Imp. Iacobi Angliae c. of Blessed Memory he humbly prayeth allowance of the Pardons and the benefit thereof with this Clause That he doth and will aver that he is none of the persons excepted out of the same although he is very confident he shall not need the help of any pardon having received many significations as well from his Majesties own mouth that he had never offended his Majesty as lately by several Letters from the Lord Conway that he might rest in the security he was in and sit still and should be no further questioned But he hopes your Lordships will not onely finde him so far from blame but that he hath served his late Majesty of Blessed memory and his most gratious Son the Kings Majesty that now is with that fidelity care and industry that your Lordships will take such course as you in your wisdoms shall think fit not onely for the upholding the Honor and Reputation of a Peer of this Realm after so many employments but likewise become humble and earnest Suitors to his Majesty on his behalf which he humbly prayeth That he may be restored to his Majesties most gratious Favor which above all worldly things he most desireth The Eighth of May the Commons brought up their Charge against the Duke which was delivered at a Conference of both Houses
in the chief Court of Admiralty in the name of the said late King and of the Lord Admiral against them for Fifteen thousand pound taken Piratically by some Captains of the said Merchants ships and pretended to be in the hands of the East India Company and thereupon the Kings Advocate in the name of Advocate for the then King and the said Lord Admiral moved and obtained one Attachment which by the Serjeant of the said Court of Admiralty was served on the said Merchants in their Court the sixteenth day of March following whereupon the said Merchants though there was no cause for their molestation by the Lord Admiral yet the next day they were urged in the said Court of Admiralty to bring in the Fifteen thousand pounds or go to prison wherefore immediately the Company of the said Merchants did again send the Deputy aforesaid and some others to make new suit unto the said Duke for the release of the said Ships and Pinaces who unjustly endeavoring to extort money from the said Merchants protested that the Ships should not go except they compounded with him and when they urged many more reasons for the release of the said Ships and Pinaces the Answer of the said Duke was That the then Parliament must first be moved The said Merchants therefore being in this perplexity and in their consultation the three and twentieth of that moneth even ready to give over that Trade yet considering that they should lose more then was demanded by unlading their ships besides their voyage they resolved to give the said Duke Ten thousand pounds for his unjust demands And he the said Duke by the undue means aforesaid and under colour of his Office and upon false pretence of Rights unjustly did exact and extort from the said Merchants the said Ten thousand pounds and received the same about the 28. of April following the discharge of those Ships which were not released by him till they the said Merchants had yielded to give him the said Duke the said Ten thousand pounds for the said Release and for the false pretence of Rights made by the said Duke as aforesaid VII Whereas the Ships of our Soveraign Lord the King and of his Kingdoms aforesaid are the principal strength and defence of the said Kingdoms and ought therefore to be always preserved and safely kept under the command and for the service of our Soveraign Lord the King no less then any the Fortresses and Castles of the said Kingdoms And whereas no Subject of this Realm ought to be dispossessed of any his Goods or Chattels without order of Justice or his own consent first duly had and obtained The said Duke being Great Admiral of England Governor-General and Keeper of the said Ships and Seas and thereof ought to have and take a special and continual care and diligence how to preserve the same The said Duke in or about the end of Iuly last in the first year of our Soveraign Lord the King did under the colour of the said Office of Great Admiral of England and by indirect and subtile means and practices procure one of the principal Ships of his Majesties Navy-Royal called the Vantguard then under the Command of Captain Iohn Pennington and six other Merchants Ships of great burden and value belonging to several Persons inhabiting in London the Natural Subjects of his Majesty to be conveyed over with all their Ordnance Munition Tackle and Apparel into the parts of the Kingdom of France to the end that being there they might the more easily be put into the hands of the French King his Ministers and Subjects and taken into their possession command and power And accordingly the said Duke by his Ministers and Agents with menaces and other ill means and practices did there without order of Justice and without the consent of the said Masters and Owners unduly compel and inforce the said Masters and Owners of the said six Merchants Ships to deliver their said Ships into the said possession command and power of the said French King his Ministers and Subjects and by reason of his compulsion and under the pretext of his power as aforesaid and by his indirect practices as aforesaid the said Ships aforesaid as well the said Ship Royal of his Majesty as the others belonging to the said Merchants were there delivered into the hands and command of the said French King his Ministers and Subjects without either sufficient security or assurance for redelivery or other necessary caution in that behalf taken or provided either by the said Duke himself or otherwise by his direction contrary to the duty of the said Offices of Great Admiral Governor-General and Keeper of the said Ships and Seas and to the faith and trust in that behalf reposed and contrary to the duty which he oweth to our Soveraign Lord the King in his place of Privy-Counsellor to the apparent weakening of the Naval strength of this Kingdom to the great loss and prejudice of the said Merchants and against the liberty of those Subjects of our Soveraign Lord the King that are under the Jurisdiction of the Admiralty VIII The said Duke contrary to the purpose of our Soveraign Lord the King and his Majesties known zeal for the maintenance and advancement of the true Religion established in the Church of England knowing that the said Ships were intended to be imployed by the said French King against those of the same Religion at Rochel and elswhere in the Kingdom of France did procure the said Ship Royal and compel as aforesaid the said six other Ships to be delivered unto the said French King his Ministers and Subjects as aforesaid to the end the said Ships might be used and imployed by the said French King in his intended War against those of the said Religion in the said Town of Rochel and elswhere within the Kingdom of France And the said Ships were and have been since so used and imployed by the said French King his Ministers and Subjects against them And this the said Duke did as aforesaid in great and most apparent prejudice of the said Religion contrary to the purpose and intention of our Soveraign Lord the King and against his duty in that behalf being a sworne Counsellor to his Majesty and to the great scandal and dishonor of this Nation And notwithstanding the delivery of the said Ships by his procurement and compulsion as aforesaid to be imployed as aforesaid the said Duke in cunning and cautelous manner to mask his ill intentions did at the Parliament held at Oxford in August last before the Committee of both Houses of Parliament intimate and declare that the said Ships were not nor should they be so used and imployed against those of the said Religion as aforesaid in contempt of our Soveraign Lord the King and in abuse of the said Houses of Parliament and in violation of that Truth which every man should profess These three Articles were aggravated by Mr. Glanvile
to an Admiral of England and a true English man And he doth deny that by menace or compulsion or any other indirect or undue practice or means he by himself or by any others did deliver those Ships or any of them into the hands of the French as is objected against him That the Error which did happen by what direction soever it were was not in the intention any ways injurious or dishonorable or dangerous to this State or prejudicial to any private man interested in any of those Ships nor could have given any such offence at all if those promises had been observed by others which were professed and really performed by his Majesty and his Subjects on their parts To this Article wherewith he is taxed to have practised for the employment of the Ships against Rochel he answereth That he was so far from practising or consenting that the said Ships should so be employed that he shall make it clearly to appear that when it was discovered that they would be employed against those of the Religion the Protestation of the French King being otherwise and their pretence being That there was a Peace concluded with those of the Religion and that the French King would use those Ships against Genoa which had been an action of no ill consequence to the Affairs of Christendom The Duke did by all fit and honorable means endeavor to divert that course of their employment against Rochel And he doth truly and boldly affirm That his endeavors under the Royal care of his most Excellent Majesty hath been a great part of the means to preserve the Town of Rochel as the Proofs when they shall be produced will make appear And when his Majesty did finde that beyond his intention and contrary to the faithful Promises of the French they were so misemployed he found himself bound in honor to intercede with the most Christian King his good Brother for the Peace of that Town and of the Religion lest his Majesties Honor might otherwise suffer Which intercession his Majesty did so sedulously and so successfully pursue that the Town and the Religion there do and will acknowledge the fruits thereof And whereas it is further objected against him That when in so unfaithful a manner he had delivered those Ships into the power of a foreign State to the danger of the Religion and scandal and dishonor of our Nation which he utterly denieth to be so That to mask his ill intentions in cunning and cautelous manner he abused the Parliament at Oxford in affirming before the Committees of both Houses That the said Ships were not nor should be so used or employed he saith under the favor of those who so understood his words That he did not then use those words which are expressed in the Charge to have been spoken by him but there being then a jealousie of the mis-employing of those Ships the Duke having no knowledge thereof and knowing well what the promises of the French King were but was not then seasonable to be published he hoping they would not have varied from what was promised did say That the event would shew it was no undertaking for them but a Declaration of that in general terms which should really have been performed and which his Majesty had just cause to expect from them That the Duke did compel the Lord R. to buy his Title of Honor he utterly denieth and he is very confident that the Lord R. himself will not affirm it or any thing tending that way Neither can he nor any man else truly say so but the said Duke is able to prove that the Lord R. was before willing to have given a much greater sum but could not then obtain it and he did now obtain it by solicitation of his own Agents For the selling of places of Judicature by the Duke which are specially instanced in the Charge he answereth That he received not or had a penny of either of those sums to his own use but the truth is the Lord M. was made Lord Treasurer by his late Majesty without contracting for any thing for it and after that he had the Office conferred upon him his late Majesty moved him to lend him Twenty thousand pounds upon promise of repayment at the end of a year the Lord M. yielded to it so as he might have the Dukes word that it should be repayed unto him accordingly The Duke gave his word for it the Lord M. relied upon it and delivered the said sum to the hands of Mr. Porter then attending upon the Duke by the late Kings appointment to be disposed as his Majesty should direct And according to the Kings direction that very money was fully paid out to others and the Duke neither had nor disposed of a penny thereof to his own use as is suggested against him And afterwards when the Lord M. left that place and his money was not repayed unto him he urged the Duke upon his promise whereupon the Duke being jealous of his Honor and to keep his word not having money to pay him he assured Lands of his own to the Lord M. for his security But when the Duke was in Spain the Lord M. obtained a promise from his late Majesty of some Lands in Fee-farm to such a value as he accepted of the same in satisfaction of the said money which were afterwards passed unto him and at the Dukes return the Lord M. delivered back unto him the security of the Dukes Lands which had been given unto him as aforesaid And for the Six thousand pounds supposed to have been received by the Duke for procuring to the Earl of M. the Mastership of the Wards he utterly denieth it but afterwards he heard that the Earl of M. did disburse Six thousand pounds about that time and his late Majesty bestowed the same upon Sir Henry Mildmay his Servant without the Dukes privity and he had it and enjoyed it and no penny thereof came to the said Duke or to his use To this Article the Duke answereth That it is true that his late Majesty out of his Royal Favor unto him having honored the Duke himself with many Titles and Dignities of his bounty and as a greater argument of his Princely Grace did also think fit to honor those who were in equal degree of Blood with him and also to ennoble their Mother who was the Stock that bare them The Title of the Countess of Buckingham bestowed upon the Mother was not without President and she hath nothing from the Crown but a Title of Honor which dieth with her The Titles bestowed on the Viscount P. the Dukes Elder Brother were conferred on him who was a Servant of the Bed-chamber to his now Majesty then Prince by his Highness means the Earl of A. was of his late Majesties Bed-chamber and the Honors and Lands conferred on him was done when the Duke was in Spain The Earl of D. hath the Honors mentioned in the
gracious Pardon of his now Majesty granted to the said Duke and vouchsafed in like manner to all his Subjects at the time of his most happy Inauguration and Coronation Which said Pardon under the Great Seal of England granted the said Duke beareth date the 10. day of February now last past and here is shewn forth unto your Lordships on which he doth most humbly rely And yet he hopeth your Lordships in your Justice and Honor upon which with confidence he puts himself will acquit him of and from those misdemeanors offences misprisions and crimes wherewith he hath been charged And he hopeth and will daily pray that for the future he shall by Gods grace so watch over his actions both publick and private that he shall not give any just offence to any The Duke having put in this Answer earnestly moved the Lords to send to the Commons to expedite their Reply and the Commons did as earnestly desire a Copy of his Answer The next day his Majesty wrote this Letter to the Speaker TRusty and Welbeloved We greet you well Our House of Commons cannot forget how often and how earnestly we have called upon them for the speeding of that Aid which they intended us for our great and weighty affairs concerning the safety and honor of us and our Kingdoms And now the time being so far spent that unless it be presently concluded it can neither bring us Money nor Credit by the time which themselves have prefixed which is the last of this Moneth and being further deferred would be of little use we being daily advertised from all parts of the great preparations of the Enemy ready to assail us We hold it necessary by these our Letters to give them our last and final admonition and to let them know that we shall account all further delays and excuses to be express denials And therefore we will and require you to signifie unto them that we do expect that they forthwith bring in their Bill of Subsidy to be passed without delay or Condition so as it may fully pass the House by the end of the next week at the furthest Which if they do not it will force us to take other resolutions But let them know if they finish this according to our desire that we are resolved to let them sit together for the dispatch of their other affairs so long as the season will permit and after their recess to bring them together again the next Winter And if by their denial or delay any thing of ill consequence shall fall out either at home or abroad We call God and man to witness that We have done our part to prevent it by calling our People together to advise with us by opening the weight of our occasions unto them and by requiring their timely help and assistance in these Actions wherein we stand engaged by their own Councels And we will and command you that this Letter be publickly read in the House About this time there happened at three a clock in the afternoon a terrible storm of Rain and Hail in and about the City of London and with it a very great Thunder and Lightening The graves were laid open in S. Andrews Church-yard in Holborn by the sudden fall of the Wall which brought away the Earth with it whereby many Coffins and the Corps therein were exposed to open view and the ruder sort would ordinarily lift up the lids of the Coffins to see the posture of the dead Corps lying therein who had been buried of the Plague but the year before At the same instant of time there was a terrible Storm and strange Spectacle upon Thames by the turbulencie of the waters and a Mist that arose out of the same which appeared in a round Circle of a good bigness above the waters The fierceness of the Storm bent it self towards York-House the then habitation of the Duke of Buckingham beating against the stairs and wall thereof And at last this round Circle thus elevated all this while above the water dispersed it self by degrees like the smoke issuing out of a Furnace and ascended higher and higher till it quite vanished away to the great admiration of the beholders This occasioned the more discourse among the Vulgar in that Doctor Lamb appeared then upon Thames to whose Art of Conjuring they attributed that which had happened The Parliament was then sitting and this Spectacle was seen by many of the Members out of the windows of the House The Commons agreed upon this ensuing Petition to his Majesty concerning Recusants To the Kings most Excellent Majesty YOur Majesties most obedient and loyal Subjects the Commons in this present Parliament assembled do with great comfort remember the many Testimonies which your Majesty hath given of your sincerity and zeal of the true Religion established in this Kingdom and in particular your gracious Answer to both Houses of Parliament at Oxford upon their Petition concerning the Causes and Remedies of the Increase of Popery That your Majesty thought fit and would give order to remove from all Places of Authority and Government all such persons as are either Popish Recusants or according to direction of former Acts of State justly to be suspected which was then presented as a great and principal cause of that mischief But not having received so full redress herein as may conduce to the peace of this Church and safety of this Regal State They hold it their duty once more to resort to your Sacred Majesty humbly to inform you that upon examination they find the persons underwritten to be either Recusants Papists or justly suspected according to the former Acts of State who now do or since the first sitting of the Parliament did remain in places of Government and Authority and Trust in your several Counties of this your Realm of England and Dominion of Wales The Right Honorable Francis Earl of Rutland Lieutenant of the County of Lincoln Rutland Northampton Nottingham and a Commissioner of the Peace and of Oyer and Terminer in the County of York and Justice of Oyer from Trent Northwards His Lordship is presented to be a Popish Recusant and to have affronted all the Commissioners of the Peace within the North-Riding of Yorkshire by sending a Licence under his Hand and Seal unto his Tenant Thomas Fisher dwelling in his Lordships Mannor of Helmsley in the said North-Riding of the said County of York to keep an Alehouse soon after he was by an Order made at the Quarter-Sessions discharged from keeping an Alehouse because he was a Popish convict Recusant and to have procured a Popish Schoolmaster namely Roger Conyers to teach Schollers within the said Mannor of Helmsley that formerly had his Licence to teach Schollers taken from him for teaching Schollers that were the children of Popish Recusants and because he suffered these children to absent themselves from the Church whilest they were his Schollers for which the said Conyers was formerly complained of
charissimo Consanguineo nostro Edwardo Comiti Dorset nec non charissimo Consiliar nostro Philippo Comiti Mountgomery charissimóque Consanguineo nostro Willielmo Comiti Northampton Presidenti Consilii nostri infra Principalitatem Marchias Walliâe ac chariss Consanguineo Consiliar nostro Iacobo Comiti Carlol Nec non charissimis Consanguineis nostris Iohanni Comiti de Clare Thomae Comiti Cleveland Edmundo Comiti de Mulgrave Nec non charissimo Consanguineo Consiliar nostro Georgio Comiti de Totnes charissimóque Consanguineo nostro Henrico Vicecomiti Rochford Ac etiam Reverendis in Christo Patribus Georgio Episcopo London Richardo Episc. Dunclm Reverendóque in Christo Patri sideli Consiliar nostro Lanceloto Episc. Winton Nec non Reverendis in Christo Patribus Samueli Episc. Norwicen Willielmo Episc. Meneven Ac perdilecto fideli Consiliario nostro Edwardo Dom. Conway uni primorum Secretarium nostrum Ac etiam perdilecto fideli nostro Samueli Dom. Scroop Presidenti Consilii nostri in partibus Borealibus perdilectóque fideli Consiliar nostro Fulconi Dom. Brook Salutem Cùm nuper pro quibusdam arduis urgentibus negotiis Nos statum defensionem Regni nostri Angliae Ecclesiae Anglicanae concernentibus praesens hoc Parliamentum nostrum apud Civitatem nostram Westmonasterii sexto die Februar Anno Regni nostri primo inchoari teneri ordinaverimus à quo die idem Parliamentum nostrum usque ad instantem decimum quintum diem Iunii continuatum fuerat Sciatis quòd nos pro certis urgentibus causis considerationibus nos specialiter moventibus idem Parliamentum nostrum hoc instanti decimo quinto die Iunii duximus dissolvendum De fidelitate igitur prudentia circumspectione vestris plurimum confidentes de avisamento assensu Consilii nostri assignavimus vos Commissionarios nostros dantes vobis aliquibus tribus vel pluribus vestrum tenore praesentium plenam potestatem authoritatem hoc instanti decimo quinto die Iunii ad dictum Parlamentum nostrum nomine nostro plenariè dissolvendum ideo vobis mandamus quòd vos vel aliqui tres vel plures vestrum idem Parliamentum nostrum hoc instante decimo quinto die Iunii virtute harum Literarum nostrum patent plenariè dissolvatis determinetis Et ideo vobis mandamus quòd praemissa diligenter intendatis ac âa in forma praedicta effectualiter expleatis exequamini Damus autem universis singulis Archiepiscopis Ducibus Marchionibus Comitibus Vicecomitibus Episcopis Baronibus Militibus Civibus Burgensibus ac omnibus aliis quorum interest ad dictum Parliamentum nostrum conventurum tenore praesentium firmiter in mandat quod vobis in praemissis faciend agend exiquend pariant obediant intendant in omnibus prout decet In cujus rei testimonium has literas nostras âieri fecimus patentes Teste meipso apud Westm. decimo quinto die Iunii Anno Regni nostri secundo EDMONDS This Commission being read and the Commons present the Parliament was dissolved on the Fifteenth day of Iune 1626. The intended Remonstrance was as followeth Most Gracious Soveraign WE your loyal and faithful Subjects the Commons assembled by your Majesties most Royal authority in this present Parliament having with all dutiful affection from the time of our first méeting earnestly endeavored to procéed spéedily in those affairs that might best and soonest conduce to our dispatch of the intended supply of your Majesties great designs to the enlargement of your support and to the enabling of our selves and them whom we represent to the full and timely performance of the same have notwithstanding by reason of divers informations interruptions and other preventions béen hitherto so retarded in the prosecution of these affairs that we now thought it a necessary part of our most humble duties thus to declare both those interruptions and preventions with the true original and continual cause of them as also our most earnest devotion of the Parliamentary service of your most excellent Majesty and of the careful safety and defence of your Dominions Crown and Dignity And we most humbly therefore beséech your most excellent Majesty to be graciously pleased here to cast your eye on some particulars that have relation as well to your first Parliament as to this out of which we cannot doubt but that your great Goodness may receive an ample satisfaction touching our most loyal and faithful intentions In the first Parliament of the first Year of your Majesties most happy Reign over us the Commons then assembled after they had cheerfully presented to your Majesty as the first-fruits of their affections Two entire Subsidies were excéedingly pressed by the means of the Duke of Buckingham and for his own ends as we conceive to enlarge that Supply which when he conceived would not be there effected he procured for the same ends from your Majesty an Adjournment of the Parliament to the City of Oxford where the Commons then taking into just consideration the greatest mischiefs which this Kingdom variously hath suffered and that chiefly by reason of the exorbitant power and frequent misdoings of the said Duke were entring into a Parliamentary course of examination of those mischiefs power and misdoings But no sooner was there any mention made of his Name to this purpose but that he fearing lest his Actions might so have béen too much laid open to the view of your most excellent Majesty and to the just Censure that might then have followed presently through his misinformations to your Majesty of the intentions of your said Commons as we have just cause to believe procured a dissolution of the said Parliament And afterwards also in the same year through divers misreports made to your Majesty in his behalf touching some Members of the said Commons who had more particularly drawn his Name into just question and justly professed themselves averse to his ends there procured as we cannot but conceive the said Members to be made the Sheriffs of several Counties for this year that followed to the end that they might have all béen precluded from being chosen Members of the present Parliament lest they should again have therein questioned him and by the like practice also as we are perswaded he procured soon after the said dissolution another Member of the said House because he had justly professed himself against his Ends to be sent as Secretary of your Majesties last Fleet hereby indeed to punish him by such drawing him from his practice of the Law which was his Profession under colour of an honorable Imployment It pleased your Majesty afterwards in February last to call this present Parliament wherein though none of those whom the said Duke had so procured to be made high Shiriffs have sit as Members yet we finding in our selves the like affection first to the Service of your Majesty and next to the good of the Commonwealth
a manner to engross to himself the administration of your Affairs of the Kingdom which by that means is drawn into a Condition most miserable and hazardous Give us then leave most dear Soveraign in the name of all the Commons of this your Kingdom prostrate at the féet of your Sacred Majesty most humbly to beséech you even for the Honor of Almighty God whose Religion is directly undermined by the practice of that Party whom this Duke supports For your Honor which will be much advanced in the relieving of your people in this their great and general grievance For the honor safety and welfare of your Kingdom which by this means is threatned with almost unavoidable dangers And for the love which your Majesty as a good and loving Father bears unto your good people to whom we profess in the presence of Almighty God the Searcher of all hearts you are as highly estéemed and beloved as ever any of your Predecessors were That you would be graciously pleased to remove this Person from access to your sacred presence and that you will not ballance this one man with all these things and with the Affairs of the Christian world which do all suffer so far as they have relation to this Kingdom chiefly by his means For we protest to your Majesty and to the whole world That until this Great person be removed from intermedling with the Great Affairs of State we are out of hope of any good success and do fear that any money we shall or can give will through his misimploiment be turned rather to the hurt and prejudice of this your Kingdom then otherwise as by lamentable experience we have found in those large Supplies we have formerly and lately given But no sooner shall we receive redress and relief in this which of all others is our most insupportable grievance but we shall forthwith proceed to accomplish your Majesties own desire for Supply and likewise with all cheerfulness apply our selves to the perfecting of divers other great things such as we think no one Parliament in any Age can parallel tending to the stability wealth and strength and honor of this your Kingdom and the support of your Friends and Allies abroad And we doubt not but through Gods blessing as you are the best so shall you ever be the best beloved and greatest Monarch that ever sate in the Royal Throne of this famous Kingdom The Grounds and Causes which the King held forth for dissolving of this and the former Parliament appear in the ensuing Declaration THe Kings most Excellent Majesty since his happy access to the Imperial Crown of this Realm having by his Royal Authority summoned and assembled two several Parliaments the first whereof was in August last by Adjournment held at Oxford and there dissolved and the other begun in February last and continued until the Fiftéenth day of this present moneth of June and then to the unspeakable grief of himself and as he believeth of all his good and well-affected Subjects dissolved also Although he well knoweth that the Calling Adjourning Proroguing and Dissolving of Parliaments being his great Council of the Kingdom do peculiarly belong unto himself by an undoubted Prerogative inseparably united to his Imperial Crown of which as of his other Regal actions he is not bound to give an Accompt to any but to God only whose immediate Lieutenant and Uicegerent he is in these his Realms and Dominions by the Divine providence committed to his charge and government Yet forasmuch as by the assistance of the Almighty his purpose is so to order himself and all his Actions especially the great and publck Actions of State concerning the weal of his Kingdoms as may justifie themselves not only to his own Conscience and to his own People but to the whole World His Majesty hath thought it fit and necessary as the Affairs now stand both at home and abroad to make a true plain clear Declaration of the Causes which moved his Majesty to assemble and after enforced him to dissolve these Parliaments That so the mouth of malice it self may be stopped and the doubts and fears of his own good Subjects at home and of his Friends and Allies abroad may be satisfied and the deserved blame of so unhappy Accidents may justly light upon the Authors thereof When his Majesty by the death of his dear and Royal Father of ever blessed memory first came to the Crown he found himself engaged in a War with a potent Enemy not undertaken rashly nor without just and honorable grounds but enforced for the necessary defence of himself and his Dominions for the support of his Friends and Allies for the redéeming of the antient Honor of this Nation for the recovering of the Patrimony of his dear Sister her Confort and their Children injuriously and under colour of Treaties and Friendship taken from them and for the maintenance of the true Religion and invited thereunto and encouraged therein by the humble Advice of both the Houses of Parliament and by their large promises and protestations to his late Majesty to give him full and real assistance in those Enterprises which were of so great importance to this Realm and to the general peace and safety of all his Friends and Allies But when his Majesty entred into a view of his Treasure he found how ill provided he was to proceed effectually with so great an Action unless he might be assured to receive such Supplies from his loving Subjects as might enable him to manage the same Hereupon his Majesty being willing to tread in the steps of his Royal Progenitors for the making of good and wholsom Laws for the better Government of his people for the right understanding of their true Grievances and for the Supply of monies to be imployed for those publick services he did resolve to summon a Parliament with all convenient spéed he might And finding a former Parliament already called in the life of his Father he was desirous for the the spéedier dispatch of his weighty affairs and gaining of time to have continued the same without any alteration of the Members thereof had he not beacute en advised to the contrary by his Iudges and Council at Law for that it had béene subject to question in Law which he desired to avoid But as soon as possibly he could he summoned a new Parliament which he did with much confidence and assurance of the love of his people that those who not long before had with some importunity won his Father to break off his former Treaties with Spain and to effect it had used the mediation of his now Majesty being then Prince and a Member of the Parliament and had promised in Parliament their uttermost assistance for the enabling of his late Majesty to undergo the War which they then foresaw might follow would assuredly have performed it to his now Majesty and would not have suffered him in his first Enterprise of so great an
have of late faln out You say well saith the Secretary Would you that I should tell the King so much Yea said I if you please I hold it not unfit that his Majesty should know it What he reported therein I do not know but matters proceeded in the former course as if there were no regard had of any such thing The Lord Conway being gone from me for two or three days I expected to hear the resolution to what place in Kent I should betake my self and receiving no news I tossed many things in my minde as perhaps that the King desired to hear somewhat from the Duke how he sped in his journey or that peradventure he might alter his purpose upon report of my ready obeying or that it might so fall out that some of the Lords at the Court understanding upon the Secretaries return from Croyden that which was formerly concealed from them might infuse some other Councils into the King These thoughts I revolved at last not forgetting the courses of the Court and imprinting that into my heart That there was no good intended towards me but that any advantage would be taken against me I sent a man to Whitehal whether the King was now come for a night or two and by him I wrote to the Lord Conway in these words My very good Lord I Do not forget the Message which you brought unto me on Thursday last and because I have heard nothing from you since that time I send this Messenger on purpose to know what is resolved touching the House or Houses where I must remain there belong to the Archbishoprick three Houses in Kent one at Canterbury another Five Miles beyond called Foord and a third on the side of Canterbury but two Miles of the name whereof is Becksburn I pray your Lordship to let me know his Majesties pleasure Whether he will leave the choice of any of those Houses to me to reside in I have reason to know the resolution hereof because I must make my Provision of Wood and Coals and Hey for some definite place and when I shall have brewed it is fit I should know where to put it or else it will not serve the turn It is an unseasonable time to Brew now and as untimely to cut Wood being green in the highest degree and to make Coals without all which my House cannot be kept But when I shall know what must be my Habitation I will send down my Servants presently to make the best Provision that they can And so expecting your Lordships Answer I leave you to the Almighty and remain Your Lordships very loving Friend G. Cant. Croyden Iuly 10. 1627. He made my Servant stay and when he had gone up to know the Kings further pleasure he returned me the Answer following May it please your Grace I Am ashamed and do confess my fault that I wrote not to your Grace before I received your Reproof though a Gratious one but in truth I did not neglect nor forget But the continual oppression of business would not permit me to advertise to your Grace the Kings Answer His Majesty heard seriously your Professions and Answers and commanded me to signifie unto you That he knew not the present differences between you and the Town and if he had he would not have cast you into that inconvenience He was well pleased you should go to your house at Foord and said He did not expect when the Question was ended between your Grace and the Town that you should go to Canterbury And he further said He would not tye you to so short a time as might be any way inconvenient but doth expect that your Grace will govern it so as his Majesty shall not need to warn you a second time I will not fail to move his Majesty to give you Liberty to chuse either of your Houses you name and give you knowledge of his pleasure and in all things be ready to obey your Commandments or take occasion to serve you in the condition of Your Graces most humble Servant Conway Whitehal Iuly 10. 1627. I could not but observe therein that passage That the King doth expect that your Grace will govern it so as his Majesty shall not need to warn you a second time I needed no Interpreter to expound those words and therefore did take order that one of my Officers was presently dispatched unto Foord to see the House ready While Necessaries were caring for and I lay for some days at Croyden and afterwards at Lambeth the City of London was filled with the Report of my confining for so they did term it and divers men spake diversly of it I will not trouble my self to mention some idle things but some other of them require a little consideration A main matter that the Duke was said to take in ill part was the resort which was made to my House at the times of Dinner and Supper and that oftentimes of such as did not love him My Answer unto that is That by Nature I have been given to keep a House according to my Proportion since I have had any means and God hath blessed me in it That it is a property by Saint Paul required in a Bishop That he should be given to Hospitality that it is another of his Rules Let your Conversation be without Covetousness and those things I had in mine eyes Besides I have no Wife nor Childe and as for my Kinred I do that for them which I hold fit but I will not rob the Church nor the Poor for them Again It is so rare a fault in these days that men not feeding on the Kings Meat but of their own charge should frankly entertain their Friends when they come unto them that I deserve to be pardoned for it But this is not all When King Iames gave me the Bishoprick he did once between him and me and another time before the Earl of Salisbury charge me that I should carry my House Nobly that was his Majesties word and live like an Archbishop which I promised him to do And when Men came to my House who were of all civil sorts I gave them friendly entertainment not sifting what exceptions the Duke made against them for I knew he might as undeservedly think ill of others as he did of me But I meddled with no mans quarrels and if I should have received none but such as cordially and in truth had loved him I might have gone to Dinner many times without company There frequented me Lords Spiritual and Temporal divers Privy Counsellors as occasion served and Men of the highest rank where if the Duke thought that we had busied our selves about him he was much deceived Yet perhaps the old saying is true That a Man who is guilty of one Evil to himself thinketh that all men that talk together do say somewhat of him I do not envy him that happiness but let it ever attend him As for
the Queen should commend unto him and make some suit on his behalf That if the Queen afterwards being ill intreated should complain of this Dear one he might make his answer It is long of your self for you were the Party that commended him unto me Our old Master took delight strangely in things of this nature That Noble Queen who now resteth in Heaven knew her Husband well and having been bitten with Favorites both in England and Scotland was very shie to adventure upon this request King Iames in the mean time more and more loathed Somerset and did not much conceal it that his affection increased towards the other But the Queen would not come to it albeit divers Lords whereof some are dead and some yet living did earnestly sollicit her Majesty thereunto When it would not do I was very much moved to put to my helping hand they knowing that Queen Anne was graciously pleased to give me more credit then ordinary which all her Attendants knew she continued to the time of her death I laboured much but could not prevail The Queen oft saying to me My Lord You and the rest of your Friends know not what you do I know your Master better then you all For if this Young man be once brought in the first persons that he will plague must be you that labor for him yea I shall have my part also The King will teach him to despise and hardly intreat us all that he may seem to be beholden to none but himself Noble Queen how like a Prophetess or Oracle did you speak Notwithstanding this we were still instant telling her Majesty that the Change would be for the better For George was of a good nature which the other was not And if he should degenerate yet it would be a long time before he were able to attain to that height of evil which the other had In the end upon importunity Queen Anne condescended and so pressed it with the King that he assented thereunto Which was so stricken while the Iron was hot that in the Queens Bed-chamber the King Knighted him with the Rapier which the Prince did wear And when the King gave order to swear him of the Bed-chamber Somerset who was near importuned the King with a message that he might be only sworne a Groom But my self and others that were at the door sent to her Majesty that she would perfect her work and cause him to be sworne a Gentleman of the Chamber There is a Lord or two living that had a hand in this atchievement I diminish nothing of their praise for so happy a work But I know my own part best and in the word of an honest man I have reported nothing but truth George went in with the King but no sooner he got loose but he came forth unto me into the Privy-gallery and there embraced me He professed that he was so infinitely bound unto me that all his life long he must honor me as his Father And now he did beseech me that I would give him some lessons how âe should carry himself When he earnestly followed this chace I told him I would give him three short lessons if he would learn them The first was That daily upon his knees he should pray to God to bless the King his Master and to give him George grace studiously to serve and please him The second was That he should do all good offices between the King and the Queen and between the King and the Prince The third was That he should fill his Masters ears with nothing but Truth I made him repeat these three things unto me and then I would have him to acquaint the King with them and so tell me when I met him again what the King said unto him He promised me he would and the morrow after Mr. Tho. Murrey the Princes Tutor and I standing together in the Gallery at Whitehall Sir Geo. Villeirs coming forth and drawing to us he told Mr. Murrey how much he was beholden unto me and that I had given him certain Instructions which I prayed him to rehearse as indifferently well he did before us yea and that he had acquainted the King with them who said They were Instructions worthy of an Archbishop to give to a Young man His countenance of thankfulness for a few days continued but not long either to me or any other his Welwishers The Roman Historian Tacitus hath somewhere a note That benefits while they may be requited seem courtesies but when they are so high that they cannot be repaid they prove matters of hatred Thus to lie by me to quicken my remembrance I have laid down the Cause and the Proceedings of my sending into Kent where I remain at the writing of this Treatise Praying God to bless and guide our King aright To continue the prosperity and welfare of this Kingdom which at this time is shrewdly shaken To send good and worthy men to be Governors of our Church To prosper my mind and body that I may do nothing that may give a wound to my Conscience and then to send me patience quietly to endure whatsoever his Divine Majesty shall be pleased to lay upon me Da quod jubes jube quod vis And in the end to give me such a happy deliverance either in life or death as may be most for his glory and for the wholsom example of others who look much on the Actions and Passions of Men of my Place AMong those many Gentlemen who were imprisoned throughout England for refusing to lend upon the Commission for Loans only Five of them brought their Habeas Corpus viz. Sir Thomas Darnell Sir Iohn Corbet Sir Walter Earl Sir Iohn Heveningham Sir Edward Hampden In Michaelmas Term 3 Caroli a Return was made of their several Commitments To instance only in one all the rest being in the same form The Warden of the Fleet made this Return That Sir Walter Earl Knight named in the Writ is detained in the Prison of the Fleet in his Custody by special Command of the King to him signified by Warrant of several of the Privy-Council in these words Whereas Sir Walter Earl Knight was heretofore committed to your Custody These are to will and require you still to detain him letting you know that both his first Commitment and direction for the continuance of him in Prison were and are by his Majesties special commandment From Whitehall Novemb. 7. 1627. Tho. Coventry c. Sir Thomas Darnell was the first that was brought to the Bar upon that Writ where the Kings Attorney-General Sir Robert Heath did inform the Court that his Majesty told him He heard that some of the imprisoned Gentlemen for the Loan did report That the King did deny them the Course of Justice And therefore his Majesty commanded him to renew the Writ of Habeas Corpus lest they should not move for another themselves by reason the Warden of the Fleet had not returned the first according
proceeded and said You have heard his Charge made up by his own words and withall I doubt not but you seem to hear the voice of that wicked one Quid dabitis what will you give me and I will betray this State Kingdom and Commonwealth But there are two Observations I might adde a third which is like unto a threefold Cord which cannot be easily broken will draw the Charge more violently upon him The first is of the Time when this Doctrine of destruction was set forth it was Preached in the heart of the Loan and it was Printed in the beginning of that Term which ended in a Remittitur So that you might guess there might be a double Plot by the Law and Conscience to set on fire the frame and estate of this Commonwealth And one of these intailed Foxes was Mr. Manwaring Another note may be taken of the time that is the unseasonableness of it for this Doctrine of the Loan in case of necessity was the year after an assent in Parliament to four Subsidies and three Fifteens which might serve for a sufficient stopple for the Doctors mouth to keep in his Doctrine of Necessity A second observation may be of the Means by which he seeks to destroy this Commonwealth his means are Divinity yea by his Divinity he would destroy both King and Kingdom The King for there can be no greater mischief to a Prince then to put the opinion of Deity into his ears for if from his ears ti should have passed to his heart it had been mortal You know how Herod perished Now this man gives a participation of Divine Omnipotence to Kings and though a part may seem to qualifie yet all doth seem again to fill up that qualification and very dangerously if we remember that God saith of himself I am a jealous God He goes about to destroy the Kingdom and Commonwealth by his Divinity but do we finde in Scripture such a destroying Divinity Surely I finde there that God is a God of order and not of confusion and that the Son of God came to save and not to destroy By which it seems he hath not his Divinity from God nor from the Son of God And that we may be sure he went to Hell for Divinity he names sundry Jesuits and Fryers with whom he consulted and traded for his Divinity But not to belye Hell it self the Jesuits are honester then he for if he had not brought more hell unto them then he found with them he had not found this Divinity in them which he hath brought forth yea in his quotations he hath used those shifts and falshoods for which Boyes are to be whipt in Schools and yet by them he thinks to carry the Cause of a Kingdom But for a conclusion to give the true Character of this man whom I never saw I will shew it you by one whom I know to be contrary to him Samuel we know all to be a true Prophet now we read of Samuel that he writ the Law of the Kingdom in a Book and laid it up before the Lord. And this he did as one of Mr. Manwarings own Authors affirms that the King may know what to command and the People what to obey But Mr. Manwaring finding the Law of this Kingdom written in Books tears it in pieces and that in the presence of the Lord in a Pulpit that the King may not know what to command nor the People what to obey Thus Mr. Manwaring being contrary to a true Prophet must needs be a false one and the Judgement of a false Prophet belongs to him I have shewed you an evil Tree that bringeth forth evil fruit and now it rests with you to determine whether the following sentence shall follow Cut it down and cast it into the fire ABout this time the Mayor of Plimouth certified to the Burgesses serving for that Town in Parliament the Examination of Le Brun a Frenchman Captain of the Mary of Rotchel taken the 16 of May 1628. viz. The Examinate saith That on Sunday being the 17 of April last past he departed from Plimouth Harbor in company with the English Fleet whereof the Earl of Denbigh is General and on the first day of May then following the said Fleet arrived and came at Anchor at Charleboy in the Rode of Rotchel about four of the Clock in the afternoon where at the said arrival they found twenty sail of the King of France his Ships whereof six were Ships of about 300 Tuns and the rest were small Shâps and forthwith with the said French Ships put themselves to sail and went in nearer to the fortifications where they also anchored within two Canon shot of the English Fleet and saith That one of his Majesties Ships shot off one piece of Ordinance and no more and that the said French Ships as they returned from the English Fleet shot off oftentimes to them and that the same Fleet remained there until the eighth day of the said moneth of May in which time there was a Wherry sent from the Fleet into Rotchel wherein there were two English and one Frenchman to inquire the state of the said Town and that if they were there safe arrived they should make a fire upon one of the Towers of the Town to give notice thereof which accordingly they did and also to make so many fires more on the Walls of the said Town as they have moneths victuals there but they made not any answer thereof whence it was collected that they had but a small quantity of victuals and said That the said English as he hath heard promised to sink the said French Ships when the waters did increase and the wind came at West-north-west it being then Neap-tides and about two days after the waters did increase and the winds came accordingly and being then intreated to fight with them yet did not but came away without fighting or relieving the Town and saith That on the eighth day of May the said English Fleet weighed Anchor and set sail to depart and four of the French great Ships weighed Anchor also and came after them and shot divers times at the said Fleet and the said Fleet shot at them again and the said Examinate came in company with the said Fleet as far as Bell Isle where he departed from them on the tenth of this instant and lastly saith That during all the time the English Fleet was there the Town of Rotchel shot to the King of France his Ships and Fort but chiefly upon the arrival of the said Fleet there This Examination being communicated to the Councel Table it procured this ensuing Letter from the Privy Councel to the Duke dated the 30 of May 1628. viz. WHereas it is his Majesties pleasure that the Earl of Denbigh shall return back to relieve the Town of Rotchel with the Fleet under his Charge We do therefore pray your Grace to signifie this his Majesties pleasure unto the said Earl and to give him
and with bleeding hearts and bended knees to crave your speedy Redresse therein as to your own wisdome unto which we most humbly submit our selves and our desires shall seeme most meet and convenient What the multitude and Potency of your Majesties enemies are abroad What be their malicious and ambitious ends and how vigilant and constantly industrious they are in pursuing the same is well known to your Majesty Together with the dangers threatned thereby to your sacred Person and your Kingdomes and the calamities which have already fallen and do daily encrease upon your Friends and Allies of which we are well assured your Majesty is most sensible and will accordingly in your great wisdome and with the gravest and most Mature Councel according to the exigencie of the times and occasions provide to prevent and help the same To which end we most humbly intreat your Majesty first and especially to cast your eyes upon the miserable condition of this your own Kingdome of late so strangely weakened and dejected that unlesse through your Majesties most gracious Wisdom Goodnesse and Iustice it be speedily raised to a better condition it is in no little danger to become a sudden Prey to the Enemies thereof and of the most happy and flourishing to be the most miserable and contemptible Nation in the World In the discoveries of which dangers mischiefs and inconveniences lying upon us we do freely protest that it is far from our thoughts to lay the least aspersion upon your sacred Person or the least scandal upon your Government For we do in all sincerity of our hearts not only for our selves but in the Name of all the Commons of the Realme whom we represent ascribe as much duty as a most loyal and affectionate people can do unto the best King for so you are and so have been pleased abundantly to expresse your self this present Parliament by your Majesties clear and satisfactory answer to our Petition of Right For which both our selves and our posterity shall blesse God for you and ever preserve a thankful memory of your great goodnesse and Iustice therein And we do verily believe that all or most of these things which we shall now present unto your Majesty are either unknown unto you or else by some of your Majesties Ministers oâfered under such specious pretences as may hide their own ill intentions and ill consequences of them from your Majesty But we assure our selves according to the good example of your Majesties Predecessors nothing can make your Majesty being a wise and Iudicious Prince and above all things desirous of the welfare of your people more in love with Parliaments then this which is one of the principal ends of calling them that therein your Majesty may be truely informed of the State of all the several parts of your kingdome and how your Officers and Ministers do behave themselves in the trust reposed in them by your Majesty which is scarce able to be made known unto you but in Parliament as was declared by your blessed Father when he was pleased to put the Commons in Parliament assembled in minde that it would be the greatest unfaithfulnesse and breach of duty to his Majesty and of the trust committed to them by the Countrey that could be if in setting forth the grievances of the people and the condition of all the parts of this Kingdome from whence they come they did not deal clearly with him without sparing any how near and dear soever they were unto him if they were hurtful or dangerous to the Common-Wealth In confidence therefore of your Majesties gracious acceptation in a matter of so high importance and in faithful discharge of our duties We do first of all most humbly beseech your Majesty to take notice that howsoever we know your Majesty doth with your soul abhor that any such thing should be imagined or attempted Yet there is a general fear conceived in your people of secret working and combination to introduce into this kingdome innovation and change of our holy Religion more precious unto us then our lives and whatever this world can afford And our fears and jealousies herein are not meerly conjectural but arising out of such certain and visible effects as may demonstrate a true and real Cause For notwithstanding the many good and wholesome Laws and provisions made to prevent the increase of Popery within this kingdome and notwithstanding your Majesties most gracious and satisfactory answer to the Petition of both Houses in that behalfe presented to your Majesty at Oxford We finde there hath followed no good execution nor effect but on the contrary at which your Majesty out of the quick sense of your own religious heart cannot but be in the highest measure displeased those of that Reliligion do finde extraordinary favors and respect in Court from persons of great quality and power whom they continually resort unto and in particular to the Countesse of Buckingham who her self openly professing that Religion is a known favourer and supporter of them that do the same which we well hoped upon your Majesties Answer to the aforsaid Petition at Oxford should not have been permitted nor that any of your Majesties Subjects of that religion justly to be suspected should be entertained in the service of your Majesty or your royal consort the Queen Some likewise of that Religion have had Honours Offices and places of Command and Authority lately conferred upon them But that which striketh the greatest terror into the hearts of your Loyal Subjects concerning this is that Letters of Stay of legal proceedings against them have been procured from your Majesty by what indirect meanes we know not And Commissions under the great Seale granted and executed for composition to be made with Popish Recusants with Inhibitions and restraints both to the Ecclesiastical and temporal Courts and Officers to intermeddle with them which is conceived to amount to no leââe then a toleration odious to God full of dishonour and extreame disprosit to your Majesty of great scandal and griefe to your good people and of apparent danger to the present State of your Majesty and of this Kingdome their numbers power and insolency daily increasing in all parts of your Kingdome and especially about London and the Subburbs thereof Where exceeding many Families do make their abode publiquely frequent Masse at Denmark House and other places and by their often meetings and conferences have opportunities of combining their Councels and Strength together to the hazard of your Majesties safety and the State and most especially in these doubtful and calamitous times And as our fear concerning change or subversion of Religion is grounded upon the daily increase of Papists the open and professed Enemies thereof for the Reasons formerly mentioned So are the hearts of your good Subjects no lesse perplexed when with sorrow they behold a daily growth and spreading of the faction of the Arminians that being as your Majesty well knows but a cunning way to
the security of the River wherefore the Regiments then remaining in several of the States Garrison Towns which were reformed out of four Regiments under the Command of Sir Charles Morgan and supposed to consist of two thousand men were designed for this employment But in regard that by the capitulations at the rendring of Stoade these souldiers were first to touch in England before they could engage in War against the Emperour they were appointed to come to Harwitch and to saile thence to Luckââaâ under the command of their former General and by reason of the absence of the English Fleet upon the service of Rotchel the States and the Prince of Orange were desired to accommodate them with Ships of convoy in crossing the Seas But a while after the King considering that the six months wherein that Regiment was bound not to serve against the Emperour were near expiring and the Winter approaching which by foul weather and contrary winds might expose both men and Ships to great danger in their crossing the Seas to England and cause unnecessary charge commanded Sir Charles Morgan to forbear to touch at Harwitch but to shape his course by the nearest straightest way from Holland to Luckstat and to stay at the place of imbarquing so many days as with the time which will be taken up in their passage may accomplish the full six months Moreover these Reformed Regiments brought from Stoade being found upon their mustering fourteen hundred the King made a supply of six hundred more by borrowing six or eight men out of every Company serving in the States pay under the conduct of the Lord Vere the season of the year not permitting to rely upon new recruits from England for which he engaged his royal word to the States and the Prince of Orange that for every man they lent him he would send them two as soon as his forces return from Rochel Touching the Horse levied in Germany and intended as was said to be transported into England about the last Session of Parliament the Privy Councel now wrote to Dalbeere upon certain overtures made by the King of Sweden and the Duke of Savoy to receive them into their pay and service that he might dispose of the said Cavalry to those Princes being his Majesties friends and Allies with condition that his Majesty be no further charged with their pay transportation or entertainment in any manner whatsoever After the death of the Duke the King seemed to take none to favour so much as Dr. Laud Bishop of London to whom he sent many gracious messages and also writ unto him with his own hand the which contained much grace and favour and immediately afterwards none became so intimate with his Majesty as the said Bishop BY Orders from the Bishop there were then entred in the Docket Book several Conge D'esliers and Royal assents for Dr. May to be Bishop of Bath and Wells for Doctor Corbet to be Bishop of Oxford and for Samuel Harsenet then Bishop of Norwitch to be Arch-Bishop of York In the University of Oxford Bishop Laud bore the sway The Lord Chancellour VVilliam Earl of Pembrook commiting his power into his hands And this year he framed the Statutes for the reducing and limiting the free Election of Proctors which before as himself said were Factious and Tumultuary to the several Colledges by course The meeting of the Parliament appointed to be the 20. of Octob. was by Proclamation the first day of that moneth Prorogued to the 20. of Ianu. following VVhilst Felton remained a Prisoner at London great was the resort of people to see the man who had committed so bold a murder others came to understand what were the Motives and Inducements thereunto to which the man for the most part answered That he did acknowledge the Fact and condemned himself for the doing thereof Yet withall confessed he had long looked upon the Duke as an evil Instrument in the Common-wealth and that he was convinced thereof by the Remonstrance of Parliament VVhich considerations together with the instigation of the Evil One who is always ready to put sinfull motions into speedy Actions induced him to do that which he did He was a person of a little Stature of a stout and revengeful spirit who having once received an injury from a Gentleman he cut off a piece of his little finger and sent it with a challenge to the Gentleman to fight with him thereby to let him know that he valued not the exposing of his whole body to hazard so he might but have an opportunity to be revenged Afterwards Felton was called before the Councel where he confessed much of what is before mentioned concerning his Inducement to the Murder the Councel much pressed him to confesse who set him on work to do such a bloody act and if the Puritans had no hand therein he denyed they had and so he did to the last that no person whatsoever knew any thing of his intentions or purpose to kill the Duke that he revealed it to none living Dr. Laud Bishop of London being then at the Councel Table told him if he would not confess he must go to the rack Felton replyed if it must be so he could not tell whom he might nominate in the extremity of torture and if what he should say then must go for truth he could not tell whether his Lordship meaning the Bishop of London or which of their Lordships he might name for torture might draw unexpected things from him after this he was asked no more questions but sent back to prison The Council then fell into Debate whether by the Law of the Land they could justifie the putting him to the Rack The King being at Councel said before any such thing be done let the advice or the Judges be had therein whether it be Legal or no and afterwards his Majesty the 13. of Novemb. 4. Car. propounded the question to Sr. Tho. Richardson Lord Chief Justice of the Common Pleas to be propounded to all the Justices Viz. Felton now a prisoner in the Tower having confessed that he had killed the Duke of Buckingham and said he was induced to this partly for private displeasure and partly by reason of a Remonstrance in Parliament having also read some Books which he said defended that it was lawful to kill an Enemy to the Republique the question therefore is whether by the Law he might not be Racked and whether there were any Law against it for said the King if it might be done by Law he would not use his Prerogative in this Point and having put this Question to the Lord chief Justice the King commanded him to demand the resolution of all the Judges First the Justices of Serjeants Inn in Chancery Lane did meet and agree that the King may not in this case put the party to the Rack And the fourteenth of November all the Justices being assembled at Serjeants Inn in Fleetstreet
per Annum by raising a certain value upon their Lands and some other impositions which requiring a long Discourse by it self I will omit it here setting it down in my Instructions it will save your Majesty at least One hundred thousand pounds per Annum to make it pain of death and confiscation of goods and lands for any of the Officers to cousen You which now is much to be feared they do or else they could not be so rich and herein to allow a fourth part benefit to them that shall find out the cousenage Here is not meant Officers of State as the Lord Treasurer c. being Officers of the Crown The summe of all this account amounteth unto two Millions or Twenty hundred thousand pounds per Annum Suppose it be but one Million and a Half as assuredly your Majesty may make by these courses set down yet it is much more then I promised in my Letter for your Majesties service Besides some sums of mony in present by the courses following Imprimis By the Prince's Marriage to make all the Earls in England Grandees of Spain and Principi with such like priviledges and to pay twenty thousand pounds apiece for it 2. As also if you make them Foeditaries of the Towns belonging to their Earldoms if they will pay for it besides as they do to the King of Spain in the Kingdom of Naples And so likewise Barons to be made Earls and Peers to pay ninteen thousand pounds a piece I think might yield five hundred thousand pounds and oblige them more sure to his Majesty 3. To make choice of two hundred of the richest men of England in estate that be not Noble-men and make them Titulate as is used in Naples and paying for it that is a Duke thirty thousand pounds a Marquis fifteen thousand pounds an Earl ten thousand pounds and a Baron or Viscount five thousand pounds It is to be understood that the antient Nobility of Barons made Earls are to precede these as Peers though these be made Marquesses or Dukes this may raise a Million of pounds and more unto your Majesty To make Gentlemen of low quality and Francklines and rich Farmers Esquires to precede them would yield your Majesty also a great sum of mony in present I know another course to yield your Majesty at least three hundred thousand pounds in mony which as yet the time serveth not to discover untill your Majesty be resolved to proceed in some of the former courses which till then I omit Other courses also that may make present mony I shall study for your Majestie 's service and as I find them out acquaint you withall Lastly to conclude all these discourses by the application of this course used for your profit That it is not onely the means to make you the richest King that ever England had but also the safety augmented thereby to be most secure besides what shewed in the first part of this Discourse I mean by the occasion of this Taxation and raising of monies your Majesty shall have cause and means to imploy in all places of the Land so many Officers and Ministers to be obliged to you for their own good and interest as nothing can be attempted against your Person or Royall State over land but some of them shall in all probability have means to find it out and hinder it Besides this course will detect many disorders and abuses in the publick Government which were hard to be discovered by men indifferent To prohibite gorgeous and costly apparell to be worn but by persons of good quality shall save the Gentry of the Kingdom much more mony then they shall be taxed to pay unto your Majesty Thus withall I take my leave and kiss your gratious hands desiring pardon for my error I may commit herein Pasc. 5. Caroli Regis B. R. The Reports of the following Arguments were taken by Mr. Widdrington of Gray's-Inn UPon the Habeas Corpus out of this Court to bring here the body of one William Stroud Esq with the cause of his imprisonment to the Marshall of the Kings Bench it was returned in this manner That William Stroud Esq was committed under my custody by vertue of a certain Warrant under the hands of twelve Lords of the Privy Councill of the Lord the King the tenour of which Warrant followeth in these words You are to take knowledge that it is his Majesties expresse pleasure and commandment that you take into your custody the body of William Stroud Esq and keep him close-prisoner untill you shall receive other order either from his Majesty or this Board for so doing this shall be your Warrant Dated the 2 d of April 1629. And the Direction thereof was To the Marshall of the King's Bench or his Deputy He is likewise held in prison by vertue of a certain Warrant under the hand of the King himself the tenour of which Warrant followeth in these words Carolus Rex Whereas you have in your custody the body of William Stroud Esq committed by the Lords of Our Privy Councill by Our speciall command you are to take notice that his commitment was for notable contempts by him committed against Our Self and Our Government and for stirring up of Sedition against Us For which you are to detain him in your custody and keep him close-prisoner untill Our pleasure be further known concerning his deliverance Given at Greenwich the 7 th of May 1629. in the 5 th year of Our Reigne And the direction was To Our Marshall for Our Bench for the time being And these are the causes of the taking and detaining of the foresaid William Stroud c. And upon another Habeas Corpus to the Marshall of the Houshold to have the body of Walter Long Esq he made the same Return as above Ask of the Inner Temple of Counsell with Mr. Stroud moved That the Return was insufficient The Return consists upon two Warrants bearing severall Dates which are the causes of the taking and detaining of the Prisoner For the first Warrant which is of the Lords of the Councill that is insufficient because no cause is shewn of his commitment which is expresly against the resolution of the Parliament and their Petition of Right in the time of this King which now is to which he had likewise given his assent so his taking by vertue of the said Warrant is wrongfull And for the second Warrant it is insufficient also and that notwithstanding that it be the Kings own for the King himself cannot imprison any man as our Books are to wit 16 H. 6. F. Monstrance de faits 1 H. 7.4 Hussey reports it to be the opinion of Markham in the time of Edw. 4. and Forrescue in his Book de laudibus Legum Angliae cap. 18. And the reason given is because no action of false imprisonment lies against the King if the Imprisonment be wrongfull and the King cannot be a wrong doer The Statute
stirring of sedition Seditio as an approved Author saies imports discordiam to wit when the members of one body fight one against another The Lord of St. Albans who was lately the Lord Chancellor of England and was a Lawyer and great States-man likewise and well knew the acceptation of this word Sedition in our Law hath made an Essay of Sedition and the Title of the Essay is Of Seditions and Tumults the whole Essay deserves the reading And there is a Prayer in the Letany From sedition and heresie c. So that there Sedition is taken as a kind of Sect. This being the naturall signification of the word then the next labour shall be to see if any thing in our Law crosse this exposition And it seems clearly that there is not 2 H. 4. cap. 15. And it is in the Parliament-Roll numb 48. against Lollards who at that time were taken as hereticks saies That such Preachers which excite and stir up to sedition shall be convented before the Ordinary c. There sedition is taken for dissention and division in doctrine And this is not made treason by the said Statute although the said Statute be now repealed by the Statute of 25 H. 8. c. 4. 1 and 2 Phil. Mar. c. 3. which is in Rastall Newes 4. which is an act against seditious words and newes of the King and Queen which is a great misdemeanor and yet the punishment appointed to be inflicted by the said Statute is but the Pillory or a Fine of 100 l. And the said Statute by the Statute of 1 Eliz. c. 16. was extended to her also which Statute now by her death is expired which I pray may be observed 13 Eliz. cap. 1. against those who seditiously publish who are the true heirs of the Crown that they shal be imprisoned for a year c. And 13 Eliz. c. 2. the seditious bringing in of the Pope's Buls is made treason which implies that it was not so at the Common Law 23 Eliz. c. 2. If any person shal devise write or print any book containing any fals seditious and slanderous matter to the stirring up or moving of any rebellion c. every such offence shal be adjudged Felony And in an Indictment upon the said Statute which see Cook 's Entries f. 352.353 there are the words rebellionem seditionem movere and yet it is but felony 35 Eliz. c. 1. made against seditious Sectaries Also there are certain Books and Authorities in Law which expresse the nature of this word Sedition C. 4.13 the Lord Cromwell's case In an action for those words You like of those that maintain seditions against the Queens proceedings the Defendant pleaded That he intended the maintenance of a seditious Sermon and this was adjudged a good plea and âustification From which it followes that the Seditious Sermon mentioned in the Declaration and the maintaining of sedition against the Queen is all of one signification for if they might have been taken in a different sense the justification had not been good Phillips and Badby's case which is in C. 4. 19. a. which was objected by Serjeant Berkley makes strongly for me for there an action upon the case was brought by a person for those words Thou hast made a seditious Sermon and moved the people to sedition this day And although it were there adjudged that the action lay yet the reason of the Iudgment is observable which was because the words scandalize the Plaintiff in his profession which imply that if they had not scandalized him in his profession no action would have lain And ordinary words if they scandalize a man in his profession are actionable as to say to a Iudge that he is a corrupt man or to a Merchant that he is a Bank-rupt although if they were spoken to another man they would not bear an action And although the Book say that no act followed there yet if the matter objected had been treason the very will had been punishable and by consequence a great slander But it is observed that words which imply an inclination onely to sedition are not actionable as Seditious knave but inclination to treason is treason therefore words which imply it are actionable And also for divers words an action upon the case will lye which induce not treason or felony as for calling a woman Whore by which she loseth her marriage and such like Then sedition is no offence in it self but the aggravation of an offence and no Indictment as I have said afore was ever seen of this singly by it self Tr. 21. E. 3. roll 23. Sir John Garbut's case which was put before by Mason the Indictment was in prejudice of his Crown and in manifest sedition and yet the offence there was but a Robbery It is true that upon his arraignment he stood mute therefore the Roll is that he was put to penance that is so strong and hard pain and this proves that it was not treason for if a man arraigned of treason stand mute yet the usuall judgment of treason shall be given on him And it is true also that he cannot have his Clergy because insidiator viarum was in the Indictment which if it was outs the party of his Clergy untill the Statute of 4 H. 4. c. 2. as is observed in C. 11. Poulter's case And upon the same Roll of 21 E. 3. there are four other Indictments of the same nature where Seditiosè is contained in them Anno 1585 Queen Elizabeth sent a Letter which I have seen by the hands of the noble Antiquary Sir Robert Cotton to the Maior of London for the suppressing of divers seditious Libels which were published against her Princely Government and yet in the conclusion of the Letter it appears that they were onely against the Earl of Leicester and this was to be published onely by Proclamation in London 5 H. 4. numb 11. and 13. The Earl of Northumberland preferred a Petition to the King in Parliament in which he confesseth that he had not kept his Majesties Laws as a liege subject and also confesseth the gathering of power and the giving of Liveries Wherefore he petitioned the worship of the King for so are the words for his grace The King upon this Petition demanded the opinion of the Lords of Parliament and of the Iudges assistant if any thing contained within the said Petition were treason or no and it was resolved by them all that nothing as it is mentioned in the said Petition was treason but great misdemeanors and yet truly though not fully there mentioned it was a great rebellion and insurrection But they adjudged according to the said Petition as you are now to judge upon the Return as it is made here In Mich. 33 Cawdry's case Sedition and Schism were described As schism is a separation from the unity of the Church so sedition is a separation from the unity of the Common-wealth And an Author saies that a seditious person differs from a
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 pârswaded 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