to their ruin, of the like errors. I hope we shall not complain in parliament again of such. “I am glad we have neither just cause, or undutiful dispositions, to appoint the king a counsel to redress those errors in parliament, as those 42 Hen. 3. We do not desire, as 5 Hen. 4, or 29 Hen. 6, the removing from about the king any evil counsellors. We do not request a choice by name, as 14 Edw. 2. 3. 5. 11. Rd. 2, 8 Hen. 4, or 31 Hen. 6, nor to swear them in parliament, as 35 Edw. 1, 9 Edw. 2, or 5 Rd. 2, or to line them out their directions of rule, as 43 Hen. 3, and 8 Hen. 6, or desire that which Hen. S did promise in his 42d year, se acta omnia per assensum magna. tum de concilio suo electorum, et sine eorum assensu nihil.' We only in loyal duty offer up our humble desires, that since his majesty hath, with advised judgment, elected so wise, religious, and worthy servants, to attend him in that high employment; he will be pleased to advise, with them together, a way of remedy for those disasters in state, brought on by long security and happy peace; and not be led with young and single counsel." pensions from the king, and having employed the subsidies to other ends than the grant intended. His grand-child, William duke of Suffolk, for the like was censured 28 Henry 6. The great bishop of Winchester, 50 Edward 3, was put upon the king's mercy by parliament, for wasting in time of peace, the revenues of the crown, and gifts of the people; to the yearly oppression of the commonwealth. Offences of this nature were urged, to the ruining of the last duke of Somerset in the time of Edward 6. More fearful examples may be found, too frequent in records. Such improvidence and ill counsel led Henry 3 into so great a strait, as after he had pawned some part of his foreign territories, broke up his house, and sought his diet at abbies and religious houses, engaged not only his own jewels, but those of the shrine of St. Edward at Westminster; he was in the end not content, but constrained to lay to pawn (as some of his successors after did) magnam coronam Anglia, the crown of England. To draw you out to life the image of former kings extremities, I will tell you what I found since this assembly at Oxford, written by a reverend 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 counsel, that the king was inforced to live de 'tallagiis populi:' that the king was grown in debt quinque centena millia librarum:' that his great favourite, in treating of a foreign marriage, had lost his master a foreign duchy: that to work his ends, he had caused the king to adjourn the parliament in villis et remotis partibus regni,' where few people, propter defectum hospitii et victualium', 'could attend; and by shifting that assembly from place to place, to inforce, I will use the author's own word, illos paucos, qui remanebant de communitate regni, concedere regi quamvis pes'sima." When the parliament endeavoured by an act of resumption, the just and frequent way to repair the languishing state of the crown, for all from Henry 3, but one, till the 6 Henry 8, have used it, this great man told the king it was ad dedecus regis,' and forced him from it: to which the Commons answered, although 'vexati laboribus et expensis, nunquam con'cederent taxam regi,' until by authority of parliament, resumeret actualiter omnia pertinentia corona Angliæ:' and that it was ma⚫gis ad dedecus regis,' to leave so many poor men in intolerable want, to whom the king stood then indebted. Yet nought could all good counsel work, until by parliament that bad great man was banished; which was no sooner done, but an act of resumption followed the inrollment of the act of his exilement. That was a speeding article against the bishop of Winchester and his brother, in the time of Edward 3, that they had ingrossed the person of the king from his other lords. It was not forgotten against Gaveston and the Spencers, in the time of Edward 2. The unhappy ministers of Rd. 2, Hen, 6, and Edw. 6, felt the weight, soon afterwards convened a second, which assembled on Feb. 6th, 1626, presently after which the house of commons busied itself in getting materials for exibiting Articles against the duke of Buckingham. Their Committee on Grievances made several reports, "That they had learned the reason why our merchant ships and goods were seized in France, was because our admirals had seized the goods of that nation in several ports of England, particularly in the ship called the Peter of Newhaven; which was brought into Plymouth by order of the duke, after the king and council had ordered it to be restored upon a just claim, and the court of admiralty had also released her: that 23 bags of silver and 8 bags of gold, taken out of this ship, were, by sir Francis Stewart, delivered to the lord duke: that till this action, the French did not begin to seize any English ships or goods; and that the duke, having notice of it, said, he would justify the stay of the ship by an express order from the king." The king in a speech expressed his strong attachment to Buckingham, but the spirit "Some men," says May, "wondered to see the new king suddenly linked in such an intire friendship with the duke of Buckingham, for extraordinary favourites do usually eclipse and much depress the heir apparent of a crown, or else they are conceived so to do, and upon that reason hated and ruined by the succeeding prince, in which kind all ancient and modern histories are full of examples. In the beginning of king Charles his reign a parliament was called and adjourned to Oxford, the plague raging extremely at London, where the duke of Buckingham was highly questioned, not without the grief and sad presage of many people raised against the minister could not be suppressed by any thing the king could do; and no Supply was to be expected till the Duke was given up to the public vengeance. The Commons followed the chace very warmly against him; and, in some of their Debates, very severe expressions were used against the court; particularly Mr. Clement Coke (son of sir Edward Coke,) said, "That it was better to die by an enemy than to suffer at home." And another member, Dr. Turner, a physician, proposed to the house the following Queries, against the Duke, grounded upon Public Fame. 1. "Whether the Duke, being Admiral, be not the cause of the loss of the king's royalty in the narrow seas? 2. Whether the unreasonable, exorbitant, and immense gift of money and lands, on the Duke and his relations, be not the cause of impairing the king's revenue, and impoverishing the crown? 3. Whether the multiplicity of Offices conferred upon the Duke, and others depending upon him, whereof they were not capable, be not the cause of the evil government of this kingdom? 4. Whether Recusants, in general, by a kind of connivency, be not borne out and increased, by reason the duke's mother and father-in law were known papists? 5. Whether the Sale of Offices, Honours, and places of judicature, with ecclesiastical livings and promotions, a scandal and burt to the kingdom, be not through the Duke! 6. Whether the Duke's staying at home, being Admiral and General in chief of the sea and land army, was not the cause of the bad success and overthrow of the late action; and whether he gave good direction for the conduct of that design?" ences between the duke of Buckingham and him. On his refusal, in some measure, to comply with the terms, the lord Conway, secretary of state, wrote to him the following Letter, and received his Answer to it: The Lord Conway to the Earl of Bristol. "My lord; I received a letter from your lordship, dated the 4th of this month, written in answer to a former letter which I directed to your lordship, by his majesty's 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 finds 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 passed in your Negotiations in Spain, and enjoy the benefit of the late gracious pardon granted in parliament, whereof you may have the benefit: or whether, for the clearing of your innocency, (whereof yourself, and your friends and followers, are so confident) you will be content to wave the advantage of that pardon, and put yourself into a legal way of examination for the trial thereof. His majesty's purpose thereby, is not to prevent you of any favours the law hath given you; but if your assurance be such as your words and letters import, he conceives it stands not, with that public and resolute profession of your integrity to decline your trial. His majesty leaves the choice to yourself, and requires from you a direct answer, without circumlocution or bargaining with him for future favours before hand; but if you have a desire to make use of that pardon which cannot be denied you, nor is any way desired to be taken from you, his majesty expects you should at the least forbear to magnify your service, and, out of an opinion of your innocency, cast an aspersion upon his majesty's justice, in not affording you that present fulness of liberty and favour which cannot be drawn from him, but in his good time, and according to his good pleasure. Thus much I have in commandment to write to your lordship, and to require your answer clearly and plainly by this messenger, sent on purpose for it, and so remain, Upon occasion of this Speech of Mr. Coke, and these Queries of Dr. Turner, the king thought fit to send a reprehensive Message to the House of Commons. These transactions gave rise to Debates reported in 2 Cobb. l'arl. Hist, in which part was taken by Selden, Rolle, Wentworth, Wylde, and other eminent persons, among whom the notable Mr. Noy spoke in the Duke's disfavour. Other parliamentary proceedings respecting Buckingham are reported in 2 Cobb. Parl. Hist. and Rushw. Coll. but they do not assume the character of a State Trial, till we find Digby Earl of Bristol, so much concerned in the late Negotiations in Spain, about the Match, &c. on his return from thence, committed prisoner to the Tower. This Earl had The Earl of Bristol to the Lord Conway. been also examined by a Committee of lords, 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 infi order to his release, and composing the differ-nitely grieved to understand, that my former that private affections would too much prevail on him against the public. He was protected against the parliament, which for that only purpose was dissolved, after two Subsidies had been given, and before the kingdom received relief in any one Grievance, as is expressed in the first and general Remonstrance of this present parliament, where many other unhappy passages of those times are briefly touched." Your lordship's humble servant, "CONWAY." answer to yours of the 4th of March hath not satisfied his majesty, which I will endeavour to do to the best of my understanding; and, to that end, shall answer to the particular points of your present letter with the greatest clearness I am able. First, Whereas you say in your letter, That the question propounded to me was plain and clear, viz. Whether I would chuse to sit still without being questioned for any errors passed in my negotiations in Spain, his majesty's justice; to this point I answer, That as I hope I shall never err in that sort of immodesty, of valuing my services, which I acknowledge to have been accompanied with infinite weakness and disabilities; so I trust it shall not displease, that I make use, to mine own comfort, and the honour of my posterity, of those many written testimonies, which my late most blessed master hatt left me, of his gracious acceptance of my services for the space of 20 years; And likewise I hope the modest avowing of mine innocency will not be thought to cast any aspersion upon his majesty's honour or justice. I must freely confess unto your lordship, I am much afflicted to see inferences of this nature made, both in your lordship's last letter and in this. For if it shall be inferred, as a thing reflecting upon the king's honour, then a man questioned shall not endeavour to defend his own innocency before he be convicted, it will be impossible for any man to be safe; for the honour of his majesty is too sacred a thing for any subject, how innocent soever, to contest against. So likewise, God forbid that it should be brought into consequences, as in your former letter, as a tax upon the government and justice of his late majesty, and majesty that now is, that I should have suffered so long time, not being guilty. For as I never have been heard so much as to repine of injustice in their majesties, in all my sufferings, so I well know, that the long continuance of my troubles may well be attributed unto other causes, as to my own errors of passion, or other accidents; for your lordship may well remember, that my affairs were, almost two years since, upon the point of a happy accommodation, had it not been interrupted by the unfortunate mistaking of the speeches I used to Mr. Clark. I shall conclude by intreating your lordship's favour, 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 king's pleasure; which I shall obey with all humility. Your Lordship's humble servant, BRISTOL." and enjoy the benefit of the late gracious pardon, whereof I may take the benefit? Or whether, being content to wave the advantage of that pardon, I should put myself into a legal way of examination for the trial thereof? &c. 1st, Your lordship may be pleased to remember your last proposition was, Whether I desired to rest in the security I was in? which you now express, Whether I will chase to sit still? 2ndly, Your proposition was, Whether I would acknowledge the gracious favour of his majesty that now is, who had been pleased not to question my actions? When it is best known to your lordship, That, by a commission of the lords, I was questioned upon 20 Articles, divers involving felony and treason: although it be true, That, when I had so answered (as I am confident their lordships would have cleared me) I was so unhappy as their lordships never met more about that business.-But now your proposition is, Whether I will now chuse to sit still without being further questioned for errors passed? Whereas before it was required I should acknowledge that I have not been questioned at all; which is a different thing. But conferring both your letters together, and gathering the sense and meaning, by making the latter an explanation of the former, which I could have wished your lordship would have more clearly explained, I return unto your lordship this plain and direct answer. That I understand, by the security I am in, and sitting still, and not being further questioned, that I am restored to the bare freedom and liberty of a subject and peer: for if a man be called in question by his majesty, yet afterwards his majesty shall be pleased, out of his goodness, that he rest quiet and secure, and that he shall not be further questioned; I conceive that it is not apparent that his liberty naturally revolveth unto him, when by his majesty's grace he is pleased to declare he shall not be further questioned, but may live in further security. So that, understanding your letter in this sort, (for no direct answer can be made, until the sense of the question be truly stated) I do most humbly acknowledge and accept his majesty's grace 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 21 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 loyal behaviour may move be tried by parliament." Upon the receipt of his 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 use of in such sort, as I shall judge may be most agreeable to his majesty's pleasure. As for the 2nd part of your letter, wherein you say, That if I desire to make use of that pardon, his majesty expects that I should at least forbear to magnify my services; or, out of an opinion of my own innocency, cast an aspersion upon Hertford reported, "That it was necessary for their lordships humbly to beseech his majesty to send a writ of summons to the earl of Bristol; as also to such other lords whose writs are stopped, except such as are made uncapable to sit there by judgment of parliament, or some other legal course." Hereupon the duke of Buckingham signified to the house, That upon the earl's Petition to the king, his ma jesty had sent him his writ of summons; and, withal, shewed the lords a copy of a letter, wrote from the king to the said earl, dated Jan. 20, 1625, the tenor of which followeth : "We have read 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 your 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 in Spain, taking upon you to be so wise, as to foresee our intention to change our religion, you were so far from dissuading us, that you offered your advice and secresy to concur in it: and, in many other conferences, pressing to shew how convenient it was to be a Roman Catholic, 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 they said you very well knew: And, last of all, your approving of those conditions, that our nephew should be brought up in the emperor's court; to which sir Walter Aston then said, That he durst not give his consent for fear of his head: Your replying unto him, That without some such great action, neither marriage nor peace could be had." There is no Answer to this Letter in the Journals; but, instead of it, we find another Petition from the Earl, addressed to the lords, on his receiving his writ of summons; to which he annexed the Lord Keeper's Letter and his Answer, and desired to be heard in Accusation of the Duke. The Humble Petition of John, Earl of Bristol. "Humbly shewing unto your lordships, That he hath lately received his writ of summons to parliament, for which he returned unto your fordships most humble thanks; but, jointly with it, a Letter from my Lord Keeper, commanding him, in his majesty's name, to forbear his personal attendance; and although he shall ever obey the least intimation of his majesty's 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 king's hand; and, for your lordships due information, he hath annexed a copy of the said Lord Keeper's Letter, and his Answer thereunto.-He further humbly peti | tioneth your lordships, That having been, for the space of two years, highly wronged in point of his liberty and of his honour, 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, lest he should discover many crimes concerning the said duke :-Ile 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 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 powerful. And herein he beseecheth your lordships to mediate to his majesty for your suppliant's coming to the house, in such sort as you shall think fitting; assuring his majesty that all he shall say, shall not only tend to the service of his majesty and the state, but highly to the honour of his majesty's royal person, and of his princely virtues: and your suppliant shall ever pray for your lordships prosperity. BRISTOL." The Lord Keeper to the Earl of Bristol; dated Dorset-court, March 31, 1626. "My very good lord; By his majesty's commandment, I herewith send unto your lordship your writ of summons for the parliament; but withal signify his majesty's 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 lordship's coming hither; but that you continue under the same restriction as you did before; so as your lordship's personal attendance here is to be forborn. And herein 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 lordship's assured friend and servant, THOMAS COVENTRY, C. S." The Earl of Bristol's Answer to the Lord Keeper; dated Sherborn, April 12, 1626. "May it please your lordship; I have received your lordship's letter of the 31st of March, and with it, his majesty's 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 and attend his majesty; and this under the great seal of England. In the other, as in a letter missive, his majesty's 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 judgment rightly to direct myself in this case; as likewise, that I am ignorant how far this may trench upon the privileges 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 misprision, and hignly fineable, whereof we have had late examples; and a missive letter being avowed or not, it 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 interiin, and the question cleared sure, whereunto I shall, in all things, most d. tifully and humbly conform myself. And & with my humble service to your lordship, I :: commend you to God's holy protection, apo remain, your lordship's most humble servant,! BRISTOL," April 21. The Lord Keeper delivered the Message from the King to the house of lords “That his majesty hath heard of a Petitio preferred unto this house by the earl of Bristia, so void of duty and respect to his majesty, the he hath great cause to punish him: That be hath also heard with what duty and respecticness 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 lorëships thanks for the same, and is resolved to ps the cause upon the honour and justice of the lordships and this house. And thereupon 1: majesty commanded him (the lord keeper) signify to their lordships his royal pleasure. That the earl of Bristol be sent for as a dela quent, to answer in this house his offences coemitted in his Negotiations before his majesty being in Spain, his offences whilst he was Spain, and his offences since his majesty' coming from Spain; his scandalizing the dus of Buckingham immediately, and his majesty by reflection, with whose privity, and by whose directions, the duke did guide his actions, m. without which he did nothing. All which hy majesty will cause to be charged against her before their lordships in this house." afterwards: so that in this case it is above mine abilities. I can only answer your lordship that I will most exactly obey; and to the end I may understand which obedience will be, in all kinds, 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 farther pleasure. For the second part of your lordship's letter, where your lordship saith, 'That his majesty's meaning is not thereby to discharge any former directions for restraint of your lordship's coming hither, but that you continue under the same restriction as before; so that your lordship's personal attendance here is to be forborn. I conceive your lordship intendeth this touching my coming to parliament only; for as touching my coming to London, I never had at any time one word of probibition, or colourable pretence of restraint; but, on the contrary, having his late majesty's 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, only his majesty by his letter bearing date in June 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 my own affairs as I pleased, as will appear unto your lordship if you will afford me so much favour as to peruse it. I have writ thus 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 only restrained in the late king's time, of famous memory, may produce any one word, that may have such 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 labour is May 1. The Usher of the black rod brough to avoid misunderstanding. I shall conclude the said Earl to the bar, where he was ordere with beseeching your lordship to do me this fa- to kneel, because he was accused of High Tren vour, to let his majesty understand, that my son: when the Lord Keeper acquainted ha coming up is only rightly to understand his plea-"That the king had commanded his Attorney The Lords appointed a Committee to attend the King, and to present their humble thanks to his majesty, for the trust and confidence t had placed in the honour and justice of the house. During the recess of parliament the duke of Buckingham was taking great pains to ward off the blow intended against him by the Conmons, in which the king was his principal ages. but in vain, for that house was resolved to car on the prosecution against him. April 20. The Commons resolved upon the question," That setting all other business asid they would proceed in the great Affair of t duke of Buckingham, morning and afternoc till it was done, to the end that they ma next proceed to the consideration of satisfa tion to his majesty's Message about the Supply. The Earl of Bristol charged with High Tres son, But whilst the Commons were busy in carrying on, what is called in their Journals, Th Cause of Causes,' and finishing their Article against the Duke, the Lords were employed. the Trial of the earl of Bristol. |