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and therefore by advice of his bishops, be issued | charging all archbishops and bishops in their ou a Proclamation on June 14, declaring, several dioceses, as also counsellors of state, “ Not only to his own people, but to all the judges and ministers of jostice, speedily to reworld, bis utter dislike ut at those who lo shew claim and repress all such spirits as shall adventhe subt Ity of their wits, or to please their own ture hereafter to break this rule of subriety, bumous, or vest their own passions, do, or shall and due obedience to his majesty's laws, and adventure to suir, or move any new opinions, this religious duty to the church of God, or in not only contr.iry but ditfering from the sound the least degree attempt to violate this bond of and orthodoxal grounds of the true re'igion, peace : Adding this further intimation of his sincerely professed in the church of England; royal pleasure, that whoever from henceforth and also assuring his subjects of his full and shall take the boldness, wilfully to neglect this constant resolution, that neither in matter of his majesty's gracious admonition; and either doctrine, por di-cipline of the church, nor in for the sot istring of their unquiet and restless the governinent of the state, we will admit of spirits, or for expressing of their rash and unduthe least innovation : but by God's assistance al insolencies, shall wilfully break that circle will so guide the scepter of these his kingdoms ni order, which without apparent danger boib and dominions (by the divine providence put to church and state may not be broken, bis mainto his hand) as shall be for the comfort and jesty will proceed against them with that seveassurance of bis sober, religious and well affect-rity, as apon due consideration had of their ofed sulijects, and for the suppressing and severe fedces and contempts, they and every one of punishing of such as out of any sinister respects them shall deserve, &c." or disaflection to his person or government,

But this wise Proclamation was known to be shall dare, either in church or state, to distract meant not so much to restrain Mountague, as or disquiet the peace thereof. He thereupon to discourage and suppress the Answers that commands all his subjects (the clergy most espe were made to him: and therefore did but serve cially, both in England and Ireland) that from to improve the jealousies of Arminianism and thenceforth they should carry themselves s growing popery: which jealousies, however unwisely, warily and conscionably, that neither reasonable, did so much obstruct the king's inby writing, preaching, printing, conferences, or terest, that it had been more happy if he would otherwise, they raise any doubts, or publish or not have seemed a party in any scholastic maintain any new inventions or opinions con- questions. cerning religion, than such as clearly grounded Whether an Answer was made by Mountague and warranted by the doctrine and discipline of to the Articles exhibited against him, Rustithe church of England, heretofore published and worth says he cannot tell. Upon some search happily established by authority. Straitly he could find none.

125. Proceedings in Parliament against the Duke of BuckINGHAM,

the Earl of Bristol, and the Lord Conway,* for High Crimes and Misdemeanors : 2 CHARLES I. A. D. 1626. [2 Rushw.

Coll. 2 Colb. Parl. Hist. 14.] VERY shortly after the accession of king up freely his counsel and opinion: yet since Charles 1st, considerable distaste was express these walls cannot conceal from the ears of ed against the duke of Buckingham. On captious, guilty and revengeful men without, the August 6th, 1625, after many other expressions counsel and debates within; I will endeavour, of dissatisfaetion had occurred in the house of as my clear mind is free from any personal discommons, sir Robert Cotton, the learned anti- taste of any one, so to express the honest quary, made the following Speech directed thoughts of my beart, and discharge the best against the duke:

care of my trust, as no person shall justly tax “Mr. Speaker t; Although the constant wis- my innocent and public mind; except his condom of this house of commons did well and science shall make him guilty of such crimes worthily appear, in censuring that ill-advised as worthily have, in parliament, impeached member the last day, for trenching so far into others in elder times. I will therefore, with as their ancient liberties; and might encourage much brevity as I can, set down low these each wority servant of the public fiere, to offer disorders have, by ciegrees, sprung up in our

own meinories; how the wisdom of the best The Cases of these three peers form but and wisest ages did of old redress the like; one transaction, and are therefore consolidated, and lastly, what modest and dutiful course I in order to avoid the many repetitions or refer would wish to be followed by ourselves, in this ences which would be necessary if the proceed- so bappy spring of our hopeful master. For, ings against each of the parties were exhibited Mr. Speaker, we are not to judge, but to preseparately.

sent; the redress is above ad querimoniam vulgi. + Taken from his Posthumous Works, pub “Now Mr. Speaker, so long as those attended lished by Mr. Howell, anno 1651.

about our late sovereign master, now with God,

as had served the late Queen of happy memory, Suffolk, 28 Hen. 6, in singly and unwisely treatdebts of the crown were not so great: Com- ing of a marriage in France.-A Spanish treaty missions and Grants not so often complained lost the Palatinate. Whose counsel bath proof in parliament; Trade flourished; Pensions nounced so great power to the Spanish agent not so many, though more than in the late (as never before) to effect freedom to so many queen's time, for they exceeded not 18,000l. priests as have been of late; and to become a now near 120,0001. all things of moment were solicitor almost in every tribunal for the illcarried by public debate at the Council-table; affected subjects of the state, is worth the no honours set to sale; nor places of judica- inquiry? ture; laws against priests and recusants were * What Grants of Impositions, before crossexecuted; resort of papists to ambassadors ed, have lately been coinplained of in parliahouses barred and punished; his majesty by ment? As that of Ale houses, Guld-Thread, daily direction to all bis ministers, and by his Pretermitted Customs, and many more: the own pen, declaring his dislike of that profession; least of which would have, 50 Edw. 3, been no wasteful expences in fruitless ambassages, adjudged in parliament an heinous crime, as nor any transcendant power in any one mi- well as those of Lyon and Latymer.-The duke nister. For matters of state, the Council of Suffolk in the time of Hen. 6, in procuring table held up the fit and ancient dignity. So such another grant, in derogation of the comlong as my lord of Somerset stood in state of mon law, was adjudged in parliament. The grace, and had by his majesty's favour the trust gift of honours, kept as the most sacred trenof the signet seal, he often would glory justly sure of the state, now set to sale. Parliaments that there passed neither to himself, or bis have been suitors to the king to bestow those friends, any long grants of his bighness's lands graces; as in the times of Edw. 3, Hen. 5, or pensions: for of that which himself had, he and Hen. 0. More now led in, by that way paid 20,000l. towards the marriage-portion of only, than all the merits of the best deservers the king's daughter. His care was to pass no have got these last 500 years. So tender was monopoly or illegal grant; and that some mem the care of elder times, that it is an article bers of this house can witness by his charge 28 Hen. 6, in parliament against the duke of unto them. No giving way to the sale of Suffolk, that he had procured for himself, and Honours as a breach upon the nobility, (for some few others, such Titles of Honour, and such were his own words) refusing sir Jolin those so irregular, that he was the first that Roper's office, then tendered to procure him ever was earl, marquis, and duke of the selfto be made a baron. The match with Spain same place. Edward 1, restrained the numthen offered, (and with condition to require no ber, in policy, that would have challenged a further toleration in religion than ambassadors writ by tenure: and how this proportion may here are allowed) he, discovering the double suit with the profit of the state, we cannot tell. dealing and the dangers, dissuaded his majesty Great deserts have now no other recompence from; and left him so far in distrust of the faith than costly rewards from the king; for, we of that king, and his great instrument Gone are now at a vile price of that which was once domar, then here residing, that his majesty did inestimable. If worthy persons have been adterm him long time after a · Juggling Jack.' vanced freely to places of greatest trust, I “ Thus stood the effect of his power with his shall

be glad. Spencer was condemned in the majesty when the clouds of his misfortune fell 14 Edward 2, for displacing good servants

What the fucure advices led in, about the king, and putting in his friends and we may well remember. The Marriage with followers; not leaving either in the church or Spain was again renewed: Gondomar declared commonwealth, a place to any, before a fine an honest man : Popery heartened, by eni was paid unto him for his dependence. The ploying suspected persons for conditions of like in part was laid by parliament on De la conveniency. The forces of his majesty in the Pole. It cannot but be a sad bearing unto Palatinate withdrawn, upon Spanish iaith im- us all, what my Lord Treasurer lately told us proved here and believed, by which his high- of his majesty's great debts, high engagements, ness's children have lost their patrimony; and and present wants: the noise whereof I wish more inoney been spent in fruitless ambas- may ever rest inclosed within these walls. For, sages, than would have maintained an army what an encouragement

it

may fit to have recovered that country. Our old mies, and a disheartening to our friends, I canand fast allies disheartened, by that tedious not tell

. The danger of those, if any they have and dangerous treaty: and the king our now been the cause, is great and fearful. It was master exposed to so great a peril, as no wise no small motive to the parliament, in the time and faithful council would ever have advised of Henry 3, to banish the king's half-brethren errors in government, more in misfortune by for procuring to themselves so large proportion weak counsels than in princes.

of crown lands. Gaveston and Spencer for “ The loss of the county of Poyntois in doing the like for themselves, and their folFrance, was laid to bishop Wickham's charge lowers, in the time of Edward 2, and the lady in the first of Rich. 2, for persuading the king io Vessy for procuring the like for her brother forbear sending aid when it was required : a Beaumont, was banished the court. Michael de capital crime in parliament. The loss of the la Pole was condemned 10 R. 2, in parliament duchy of Maine w laid to De la Pole duke of amo other crimes, for procuring lands and

upon him.

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pensions from the king, and having employed to their ruin, of the like errors. I hope we the subsidies to other ends than the grant in- shall not complain in parliament again of such, tended. His grand-child, William duke of Suf “ I am glad we have neither just cause, or folk, for the like was censured 98 Henry undutiful dispositions, to appoint the king a The great bishop of Winchester, 50 Edward 3, counsel to redress those errors in parliament, was put upon the king's mercy by parliament, as those 42 Hen. 3. We do not desire, as for wasting in time of peace, the revenues of the 5 Hen. 4, or 29 Hen. 6, the removing from crown, and gifts of the people; to the yearly about the king any evil counsellors. We do oppression of the commonwealth. Offences not request a choice by name, as 14 Edw. 2. of this nature were urged, to the ruining of the 3. 5. 11. Rd. 2, 8 Hen. 4, or 31 Hen. 6, nor last duke of Somerset in the time of Edward 6. to swear them in parliament, as 35 Edw. 1, More fearful examples may be found, too fre- . Edw. 2, or 5 Rd. 2, or to line them out their quent in records. Such improvidence and ill directions of rule, as 43 Hen. 3, and 8 Hen. 6, counsel led Henry 3 into so great a strait, as or desire that which Hen. S did promise in his after he had pawned some part of his fureign 420 year,“ se acta omnia per assensum magna. territories, broke up his house, and sought bis tum de concilio suo electorum, et sine eorum diet at abbies and religious houses, engaged assensu nibil.' We only in loyal duty offer up not only his own jewels, but those of the shrine our bumble desires, that since bis majesty bath, of St. Edward at Westminster; he was in the with advised judgment, elected so wise, religiend not content, but constrained to lay to pawn ous, and worthy servants, to attend him in that (as some of his successors atter did) magnam high employment; he will be pleased to advise, coronam Anglia, the crown of England. To with them together, a way of remedy for those draw you out to life the image of former kings disasters in state, brought on by long security extremities, I will tell you what I found since and happy peace; and not be led with young this assembly at Oxford, written by a reverend and single conosel." man, twice vice chancellor of this place; his On the 12th of August, less than a week name was Gascoign; a man that saw the tra. after the delivery of this Speech, this first pargedy of De la Pole: he tells you that the reve- liament of King Charles was dissolved. He nues of the crown were so rent away by ill soon afterwards convened a second, which ascounsel, that the king was inforced to live de sembled on Feb. 6th, 1026, presently after

tallagiis populi:' that the king was grown in which the house of commons busied iiself in debt . quinque centena millia librarum :' that getting materials for exiibiting Articles against his great favourite, in treating of a foreign mar- the duke of Buckinghan. Their Committee on siage, had lost his master a foreign duchy: Grievances made several reports, “ That they that to work his ends, he had caused the king bad learned the reason why our merchant ships to adjourn the parliamento in villis et remotis and goods were seized in France, was because

partibus regni,' where few people, propter our admirals had seized the goods of that padefectum hospitii et victualium', could attend; tion in several ports of England, particularly and by shifting that assembly from place to in the ship called the Peter of Newharen ; place, to inforce, I will use the author's own which was brought into Plymouth by order of word, illos pancos, qui remanebant de com the duke, after the king and council had ordered munitate regni, concedere regi quamvis pes- it to be restored upon a just claim, and the sima." When the parliament endeavoured by court of admiralty had also released her : that an act of resumption, the just and frequent 23 bags of silver and 8 bags of gold, taken out way to repair the languishing state of the crown, of this ship, were, by sir Francis Stewart, defor all from Henry 3, but one, till the 6 Henry livered to the lord duke: that till this action, 8, have used it, this great man told the king it the French did not begin to seize any English was ad dedecus regis,' and forced him from ships or goods ; and that the duke, having noit : to which the Commons answered, although tice of it, said, he would justify the stay of the vexati laboribus et expensis, nunquam con- ship by an express order from the king.”

cederent taxam regi,' until by authority of The king in a speech expressed bis strong parliament, "resuideret actualiter omnia per-attachinent to Buckingham, * but the spirit - tinentia coronæ Angliæ:' and that it was 'ma. gis ad dedecus regis,' to leave so many poor “ Some men," says May, “wondered to men in intolerable want, to whom the king see the new king suddenly linked in such an instood then indebted. Yet nought could all good tire friendship with the duke of Buckinghain, for counsel work, until by parliament that bad extraordinary favourites do usually eclipse and great man was banished; which was no sooner much depress the heir apparent of a crown, or done, but an act of resumption followed the else they are conceived so to do, and upon that inrollment of the act of his exilement. That reason bated and ruined by i he succeeding was a speeding article against the bishop of prince, in which kind all ancient and modern Winchester and his brother, in the time of bistories are full of examples. In the beginEdward 3, that they had ingrossed the person ning of king Charles his reign a parliament was of the king from his other lords. It was not called and adjourned to Oxford, the plague raforgoiten against Gaveston and the Spencers, in ging extremely at London, where the duke of the time of Edward 2: The unhappy ministers Buckingham was highly questioned, not withof Rd. 2, Hen, 6, and Edw. 6, felt the weight, out the grief and sad presage of many people

raised against the minister could not be sup- ! ences between the duke of Buckingham and pressed by any thing the king, could do; and him. On his refusal, in some measure, to comno Supply was to be expected till the Duke ply with the terms, the lord Conway, secretary was given up to the public vengeance. The of state, wrote to bim the following Letter, and Cominons followed the chace very warmly received his Answer to it: against him; and, in some of their Debates, very severe expressions were used against the

The Lord Conway to the Earl of Bristol. court; particularly Mr. Clement Coke (son of “ My lord; I received a letter from your sir Edward Coke,) said, “That it was better lordship, dated the 4th of this month, written to die by an enemy than to suffer at home." in answer to a former letter which I directed And another member, Dr. Turner, a physician, to your lordship, by his majesty's commandproposed to the house the following Queries, ment. This last letter, according to my duty, against the Duke, grounded upon Public Fame. I have shewed unto his inajesty, who hath pe

1. “ Whether the Duke, being Admiral, berused it, and hath commanded me to write back not the cause of the loss of the king's royalty to you again, that he finds bimself nothing satisin the narrow seas? 2. Whether the unreason- / fied therewith. The question propounded to able, exorbitant, and immense gift of money your lordship, from his majesty, was plain and and lands, on the Duke and his relations, be clear, Whether you did rather chuse to sit still not the cause of impairing the king's revenue, without being questioned for any errors passed and impoverishing the crown? 3. Whether the in your Negotiations in Spain, and enjoy the multiplicity of Offices conterred upon the Duke, benefit of the late gracious pardon granted in and others depending upon him, whereof they parliament, whereof you may have the benefit: were not capable, be not the cause of the evil or whether, for the clearing of your innocency, government of this kingdom ? 4. Whether Re (whereof yourself, and your friends and folcusants, in general, by a kind of connivency, lowers, are so confident) you will be content be not borne out and increased, by reason the to wave the advantage of that pardon, and put duke's mother and father-in law were known yourself into a legal way of examination for papists? 5. Whether the Sale of Offices, Ho- the trial thereof. His majesty's purpose therenours, and places of judicature, with eccle- by, is not to prevent you of any favours the siastical livings and promotions, a scandal and law hath given you; but if your assurance be hurt to the kingdom, be not through the Duke! such as your words and letters import, he con6. Whether the Duke's staying at home, being ceives it stands not with that public and reso. Admiral and General in chief of the sea and lute profession of your integrity to decline your land army, was not the cause of the bad suc- trial. His majesty leaves the choice to yourself, cess and overthrow of the late action; and wlie- and requires from you a direct answer, without ther he gave good direction for the conduct of circumlocution or bargaining with him for futhat design?"

ture favours before hand; but if you have a Upon occasion of this Speech of Mr. Coke, desire to make use of that pardon which cannot and these Queries of Dr. Turner, the king be denied you, oor is any way desired to be thought fit to send a reprehensive Message to taken from you, his majesty expects you should the House of Commons. These transactions at the least forbear to magnify your service, gave rise to Debates reported in 2 Cobb. l'arl. and, out of an opinion of your innocency, cast Hist, in which part was taken by Selden, Rolle, an aspersion upon his majesty's justice, in not Wentworth, Wylde, and other eminent persons, affording you that present fulness of liberty among whom the notable Mr. Noy spoke in and favour which cannot be drawn from him, the Duke's disfavour. Other parliamentary pro- but in his good time, and according to his good ceedings respecting Buckingham are reported in pleasure. Thus much I have in commandment 2 Cobb. Parl. Hist. and Rushw. Coll. but they to write to your lordship, and to require your do not assume the character of a State Trial, answer clearly and plainly by this messenger, till we find Digby Earl of Bristol, so much con sent on purpose for it, and so remain, cerned in the late Negotiations in Spain, about

Your lordship's humbie servant, the Match, &c. on his return from thence, com- Whitehall, March 24, 1626. “ CONWAY." mitted prisoner to the Tower. This Earl had been also examined by a Coinmittee of lords,

The Earl of Bristol to the Lord Conway. appointed by the king, touching those affairs; “ My lord; I have received your Letter of and certain Propositions were made to him in the 24th of March, the 28th, and I am infiorder to his release, and composing the differ- nitely grieved to understand, that my former

answer to yours of the 4th of March hath not that private affections would too much prevail satisfied his majesty, which I will endeavour to on him against the public. He was protected do to the best of my understanding; and, to against the parliament, which for that only pur- that end, shall answer to the particular points pose was dissolved, after two Subsidies had been of your present letter with the greatest clearness given, and before the kingdom received relief I am able. First, Whereas you say in your in any one Grievance, as is expressed in the letter, That the question propounded to me first and general Remonstrance of this present was plain and clear, viz. Whether I would parliament, where many other unhappy passages chuse to sit still without being questioned for of those times are briefly touched."

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and enjoy the benefit of the late gracious par- his majesty's justice; to this point I answer, don, whereof I may take the benefits Or whe- That as I hope I shall never err in that sort of ther, being content to wave the advantage of immodesty, of valuing my services, which I acthat pardon, I should put myself into a legal knowledge to have been accompanied with infiway of examination for the trial thereof? &c. ' nite weakness and disabilities; so I trust it shall 1st, Your lordship may be pleased to remember not displease, that I make use, to mine own your last proposition was, whether I desired comfort, and the honour of my posterity, of to rest in the security I was in which you those many written testiinonies, which my late now express, Wherher I will chase to sit still? most blessed master hatt lett me, of his gracious 2ndly, Your proposition was, Whether I would acceptance of my services for the space of 20 acknowledge the gracious favour of his ma- 1 years; And likewise I hope the modest avowing jesty that now is, who had been pleased not to of mine innocency will not be thought to cast question my actions ? When it is best known any aspersion upon his majesty's honour or jus to your lordship, That, by a commission of the tice. 'I must freely contess unto your lordlords, I was questioned upon 20 Articles, di- ship, I am much atricted to see inferences of vers involving felony and treason : although it this nature made, both in your lordship's last be true, That, when I had so answered (as I letter and in this. For if it shall be inferred, am confident their lordships would have cleared as a thing reflecting upon the king's bonour, me) I was so unhappy as their lordships never then a man questioned shall not endeavour to met more about that business.—But now your defend his own innocency before he be conproposition is, Whether I will now chuse to sit victed, it will be impossible for any man to be still without being further questioned for errors safe ; for the honour of his majesty is too sacred passed? Whereas before it was required I a thing for any subject, how innoceat soever, sbould acknowledge that I have not been ques- i to contest against. So likewise, God forbid tioned at all; wbich is a different thing. “But that it should be brought into consequences, conferring both your letters together, and ga- as in your former letter, as a tax upon the thering the sense and meaning, by making the government and justice of his late majesty, and latter an explanation of the former, which I majesty that now is, that I should have suffered could have wished your lordship would have so long time, not being guilty. For as I never more clearly explained, I return unto your have been heard so much as to repine of injuslordship this plain and direct answer. That I tice in their majesties, in all my sufferings, so I understand, by the security I am in, and sitting well know, that the long continuance of my still, and not being furtber questioned, that I troubles inay well be attributed unto other am restored to the bare freedom and liberty of causes, as to my own errors of passion, or other a subject and peer: for if a man be called in accidents; for your lordship may well rememquestion by his majesty, yet afterwards bis ma- ber, that my atfairs were, almost two years jesty shall be pleased, out of his goodness, that since, upon the point of a happy accommodabe rest quiet and secure, and that he shall not tion, had it not been interrupted by the unforbe further questioned; I conceive that it is not tunate mistaking of the speeches I used to Mr. apparent that bis liberty naturally revolveth Clark. I shall conclude by intreating your unto him, when by his majesty's grace he is lordsbip's favour, that I may understand from pleased to declare he shall not be further ques- you, as I hope for my comfort, that this letter iioned, but may live in further security.' So hath given bis majestý satisfaction; or if there that, understanding your letter in this sort, (for should yet remain any scruple, that I may have no direct answer can be made, until the sense a clear and plain signification of the king's pleaof the question be truly stated) I do most bum- sure; which I shull obey with all humility. bly acknowledge and accept his majesty's grace Your Lordship’s humble servant, BRISTOL." and favour, and shall not wave any thing that After this the Earl petitioned the house of shall come to me by the pardon of the 2i Jac. lords, and shewed, “ That he, being a peer of nor by the pardon of his majesty's coronation. this realm, had not received a summons to parAnd am so far from bargaining, as you are liament, and desired their lordships to mediate pleased to express it, for future favour (though with the king, that he might enjoy the liberty I hope my humble and submissive courses of of a subject and the privilege of his peerage, petitioning his majesty neither hath nor shall after almost two years restraint without being deserve so hard an expression) that I shall not brought to a trial: and, if any charge was presume so much as to press for any favour, brought against him, he prayed that he might until my dutiful and loval behaviour may move be tried by parliament." Upon the receipt of hiš majesty's royal and gracious heart thereunto; this petition, the lords referred it to the combut receive, with all humbleness, this my free- mittee of privileges: from whom the earl of dom and liberty, the which I shall only make Hertford reported, " That it was necessary for use of in such sort, as I shall judge may be their lordships humbly to beseech his majesty most agreeable to his majesty's pleasure. As for to send a writ of summons to the earl of Bristhe 2nd part of your letter, wherein you say, tol; as also to such other lords whose writs That if I desire to make use of that pardon, bis are stopped, except such as are made uncapamajesty expects that I should at least forbearble to sit there by judgment of parliament, or to magnify my services; or, out of an opinion some other legal course." Hereupon the duke of my own innocency, cast an aspersion upon of Buckinghamn signified to the house, That

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