1291] STATE TRIALS, 2 CH. I. 1626.-Impeachment of the D. of Buckingham, [1292 affairs, by his late majesty of blessed memory, V. That the earl of Bristol's 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 said lord Conway, to desire him to move the king for his leave; which he putting off from day to day, told the person employed, that, by reason of the duke's sickness, he could not find opportunity to get the duke's leave to move the king; and having spoken with the duke, he made a negative answer in the king's name; wherewith the earl acquainting the king by some of his bed-chamber, 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 king's own mouth. ries, that there were some few questions more to be added, whereunto when he should have anout any delay, he should be admitted to his preswered, his majesty swore solemnly, that withtence, and that within 2 or 3 days he should have the said questions sent unto him; the lord Conway, notwithstanding he acknowledged under his hand, that he had received his majesty's directions for the sending of the said articles, and was often thereunto solicited on the behalf of the said carl, would never send the said questions; and at last answered, That he had no more to do with the earl's business. by his late majesty to come to London, to follow IX. "That the carl of Bristol being set free his own affairs as he pleased, and thereupon having his writ of parliament sent unto him, without any letters of prohibition; yet the earl of Bristol, out of his great desire to conform stand would best please his majesty, sent to know, all his actions to that which he should underWhether his coming or stay would be most agreeable unto his majesty? Who was pleased VI. "That having the businesses of the earl Buckingham, That he took in very good to answer by a letter from my lord duke of of Bristol in his hands, and the earl being commanded by the king to address himself, in his wished him to make some excuse for the prepart the said eari's respect unto him: but occasions, unto his lordship, he would never sent: The which accordingly he did, and deliver any message from the said earl, without moved, That he might have a letter under the first acquainting the said duke, and receiving king's hand, to warrant his absence;' but under his directions; and, in a noble manner of free-colour of this letter of leave, upon the earl of ness, stuck not to send him word. Bristol's own motion and desire, the lord Con VII. "That the earl of Bristol having re-way sent a letter from his majesty absolutely ceived from the lord Conway twenty Interroga. forbidding his coming to parliament; and theretories, in his late majesty's name, drawn up by in likewise was inserted a clause, That the a commission of the lords appointed to search earl should remain restrained as he was in the into the proceedings and employments of the time of his late majesty,' and so thereby a colour said earl; in which search there was more than of restraint, under his majesty's hand, was two months spent, divers of the said Interroga- gotten, which could never be procured in his tories involving felony and treason; and his late majesty's time: whereby the earl of Bristol majesty having been pleased to assure the said hath been unduly restrained ever since, without earl, both, by message and letters, that, upon being able to procure any redress, or to make satisfaction given to himself and the commis- the lord Conway willing to understand his case, sioners by his answers, he would presently although he sent him all the papers, whereby he put an end to the earl of Bristol's business; might clearly see, that the earl was not under the earl of Bristol having so fully answered restraint in his late majesty's time; but never as would admit of no reply, and that many of other answer could be procured from him, but, the commissioners declared themselves to be That he judged the said earl to be under refully satisfied; the said lord Conway being the straint, and that his liberty was expired by the secretary in the commission (to whom it pro-late king's death, as is aforesaid.' perly belonged to call the lords to assemble), perceiving that 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 earl's imprisonment hath been enlarged twenty months: 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 stalked 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 majesty's presence, it being pretended after the answer to the 20 Interrogato the Match for the marrying of the king of X. "That the lord Conway, knowing that Bohemia's eldest son with the emperor's daughter, and being bred in the emperor's court, was allowed and propounded by his late majesty: and that his majesty by his letters to his son-inlaw, declareth, That he thinketh it the fairest and clearest way for the accommodation of his affairs, and that he will take sufficient care of his breeding in true religion: And notwithstanding that the said earl received a copy of the said letter by the said late king's order, with other papers, setting down all that had assent thereunto, from the lord Conway himbeen done in the said business, and his majesty's self; yet hath he suffered it to be charged as a crime against the earl of Bristol, both in the 20th Interrogatory and in his majesty's last letter, that he should consent to the breeding of the young prince in the emperor's court. And, further in the Interrogatory, he alledged it as an aggravation against the said earl, That the breeding of the said prince in the emperor's court, referred 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. 6 XI. That the lord Conway hath been the cause of all the earl of Bristol's troubles, by his dubious and intrapping dispatches, and interring, 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. BRISTOL." After the reading of these very different Accusations, 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 king's Charge against the Earl of Bristol be first heard, and then the Charge of the said Earl against the Duke: yet so that the Earl's testimony against the Duke be not prevented, prejudiced, nor impeached." May 2. The Lord-Keeper delivered a Message from the King to the Lords: viz. "That his majesty taketh notice of the Articles exhibited against the duke of Bucks 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 than any man, for the duke's sincere carriage in them: that one of them touching the Narrative made in parliament in the 21st of king James, 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 Earl's 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 majesty's 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 dutiful proceedings toward his majesty so often in this parliament expressed. That thereby they had made his majesty confident, that as they have, so they will put a difference between his majesty's Charge against one that appeareth as a delinquent, and the recrimination of the earl of Bristol against his majesty's witness; and not to equal them by a proceeding pari passu; nor to match the imprisonment of the one with the other, as the earl of Bristol desired; the ground being so different and unequal." | The Earl of Bristol's Defence. Mr. Attorney having read the Charge, and the earl of Bristol permitted to speak for himself; he first craved pardon of their lordships for his earnest specches here the other day; confessing he spake in passion; saying, "That an unexpected Accusation of high treason would warm an honest heart; and I like my heart never the worse for it; but he would hereafter amend that fault." Then he rendered their lordships all most humble thanks for this manner of proceeding against him, and desired to know from Mr. Attorney, "Whether this be his whole Charge or no?" Mr. Attorney answered, "That he hath commandment to open no more against him; peradventure, in the opening of the Charge, upon some incidents of his Answer, some other Particulars may arise, and be urged; but no new matter should." Then the Earl desired to know of Mr. Attorney the relator, as he might understand who is his accuser. And Mr. Attorney answered, "That the king himself, out of his own mouth, had given him directions for his own relation against the Earl, and corrected many things which were added." Unto which the Earl replied, and said to this effect: viz. "I will not contest with the king; neither doth it beseem me so to do; neither esteem I my life or my fortunes so much as to save them by contesting with my sovereign; and therefore I would make no reply nor answer, were it not that my honour and religion were jointly questioned with my life; but, they being to descend to my posterity, for their sake I am an humble suitor to his majesty, that he would not take indignation at my own just defence. Yet I will be ready to make any humble submission to his majesty; and I heartily desire that some means may be made that I may make it personally unto himself; wherein I will submit myself most willingly to any act of humiliation and submission (not wronging my innocency,) that ever subject did towards his sovereign; and I also desire that his majesty would be pleased to set himself here on his throne of justice, and declare that, out of his royal justice, he leaves the duke of Buckingham and me upon equal terms; and that neither of their causes shall be advanced before the other. "These my humble Petitions I beseech your lordships to present unto his majesty, on my behalf; and withal what a disservice it will be unto his majesty hereafter, in embass ages, if my accuser shall be my judge, his own witness, and have my confiscation. "As touching the Charge itself, I have once answered it all (except that of my Petition): and I doubt not but to clear myself of every particular thereof. I expected not to have heard of these again. I expected a remonstrance of some practice with Spain against the state; or to be charged with the receipt of 10 boured with the duke of Richmond and the marquis Hamilton for my commitment to the Tower, so soon as I should return into England: and he moved the marquis to deal with the lord chainberlain for ny commitment, though but for a time, until things were settled, lest my coming to the king should disturb ail. I desire the lord chamberlain, who is here present, to deliver his knowledge herein. or 20,000l. for the persuading and procuring the delivery up of some town that the crown was in possession of, as might be the Brill, or Flushing, or the like; or for being the means of the king's ships to serve a foreign nation against those of our own religion; or for the revealing of his majesty's highest secrets, which none but two or three did know of; or for treating of the greatest affairs, as it were by mine own authority, without formal instructions in the point; or, as the law calls it, to have commitment of the prince's dangerous journey into ted some overt act of disloyalty; and not to be charged, after seven embassages, with discourses and inferences. "I desire your lordships that I may have a copy of my Charge in writing, and time for my Answer, and counsel assigned me. "Then the duke accused me in the parlia Spain, which I will prove to have been plotted by the duke himself aforehand, with Conde de Gondomar, the Spanish ambassador; and I will also make it appear unto your lordships, that there are very many contrarieties in the duke's relation to both houses. I, hearing of this, and of the many dangers threatened me, offered to come home presently; but my letters were answered, that might stay and come at leisure. Yet I came with as much speed as conveniently I could, considering my long journey, and that I brought my wife and family with me; and being at Calais, with above 40,000l. worth of the king's jewels, I could not procure shipping from hence to pass me over; but was enforced to venture in a boat with six oars: I making haste to come before the parliament should end, and the duke using all the means he could to put off my coming until the parliament was "There is a great difference between the duke of Buckingham and me. The duke is accused of treason, and yet at large, and in the king's favour; and 1, being accused but of that which I had long since answered, am a prisoner: | and therefore I beseech your lordships, that we may be put into equal cond tion; and forasmuch as I have exhibited articles against the lord Conway, I humbly desire that his lordship may not meddle in this particular business, uor use the king's name against me cx officio, as secretary of state; and that your lordships would be suitors unto his majesty, on my behalf, that all the particular dispatches of my own einbas-ended. sages, and sir Walter Ashton's, might be brought hither; and I to make use of them for my defence, as of my evidences. "At my coming to land, a single letter was sent me, of some six lines, from the lord Conway, of his majesty's pleasure not to come to the court, but to remain in my own lodging. Being there, I petitioned the king that I might answer in the parliament; and his majesty said, that the parliament was so incensed against me, that it was not safe for me to be brought thi ther; but, within a few days, I should have an end of my troubles. "And sith his late majesty hath heretofore, in the presence of my ny lords here present, affirmed that I had neither committed treason nor felony in my late embassages, and permitted divers of his servants to come unto me; and his majesty that now is then said that be thought me an honest man, and hath lately said that my faults were but criminal, in the presence of di- "At last, I had Articles sent me by commisvers of your lordships and others; and the lord sioners appointed to enquire of my proceedings; Conway did lately offer me to come to my trial, which Articles contained the substance of this but he thought the coronation pardon would Charge; and I fully answered them in writing; free me; and yet now my offences are made and the late king read them all, and was so high treason. And for that, when I saw I could well satisfied therewith that he sent me word get no redress from his majesty by means of the that he would see me. Whereupon the duke duke of Buckingham, I did address my Peti- of Buckingham desired his majesty that I might tion unto this house concerning him, the duke's first answer some four other questions; which cunning hath made the king a party against me; being delayed, and I petitioning the king for and, for my accusation of him, I am made a them to be sent me, his majesty gave order to traitor, and he a judge to vote against me. I have them presently sent; yet they came not. do therefore huinbly beseech your lordships to Divers delays were sought; and at last the lord distinguish of this, and (although I have been Conway wrote me a letter that they were ready; too tedious already) to suffer me to proceed, but he thought it better I did accommodate the and present my case unto you." business. Which being granted, he said: "At the prince's coming out of Spain, I was in favour with his highness; and with the late king also, at his return into England. But I having acquainted the prince (at h's being in Spain) with my letters which I wrote unto the late king, of the duke's unfaithful deslings (which letters his highness forbad me to send); and the duke at his return having gotten a sight of those letters (hinc illa lachryme!) he la "Though I often solicited the lord Conway, yet his lordship, perceiving that I should be cleared by the commissioners, would never send those questions, nor suffer the commissioners once to meet; and at last answered that he had no more to do with me. "Then the late king sent me a Message, to write but a fair letter unto Bucks for a reconciliation; and that I should leave the rest unto him. The duke hereupon sent one Mr. Clerke unto me, what fair propositions I should make; moved for it; but could procure no redress. only to retire into the country, and not come And when I petitioned the house for my writ, to the court; but permit his grace to dispose of the duke thereupon took occasion, to my great the vice-chamberlain's place. And I shewing disgrace, to read the above-specified letter in Mr. Clerke, by way of private conference, what the open house; and a letter of prohibition papers I had to produce against the duke, his was sent me, with my writ, to stay me from the grace then required a retractation; which I de- parliament. Upon this I petitioned the house nied; and so all reconcilement brake off. After- for redress against the duke of Buckingham's wards the duke sent me a certain proposition in wrongs unto me, and accused him of divers a letter, which I should acknowledge; and the crimes; and, since the house was possessed of preface of that proposition saith, It is not this my petition, I have been charged with granted that the earl of Bristol hath, by his treason; having been offered from his majesty Answer, satisfied either the king, the prince, but few days before to rest in security, and not or me, of his innocency' (a strange conjunc- to be questioned; but I, thinking it fit for the tion of a subject!); and the duke would not be clearing of mine honour, to have recourse unto satisfied with less than a direct acknowledgment. this house, do find myself a restrained man, Upon this, I petitioned the late king, that and the duke at liberty, sitting as one of my I might be at liberty to follow my affairs free- judges; which I hope your lordships will speely; which his majesty condescended unto, and dily redress. And I humbly desire your lordsignified his pleasure by the duke, that he was ships to take my cause into your lordships consatisfied; and that therefore I had my freedom.sideration, having put myself wholly into your But, when I had an intent to come to my lodging at Whitehall, and made the duke acquainted therewith, he seemed much displeased thereat; and moved his majesty that I might first make an acknowledgment of my fault, which his majesty refused to compel me unto; saying, He might then be thought a tyrant, to force a man to acknowledge that which he was not guilty of; and his majesty sent me word, that I should make no acknowledgment unless I would freely confess myself guilty. Yet the duke caused a message to be sent me, that his majesty expected that I should make the said acknowledgment, and confess myself guilty. And thus it stood with me when the late king, my blessed master, sickened and died. "When his majesty that now is came to the crown, he was pleased to send me a gracious message, upon the occasion of a great sickness I had; and my writ of parliament was freely sent me; but, out of respect, I desired to know what would best please the king, my coming, or my stay from the parliament. And the duke of Buckingham did write unto me, that his majesty took that respect very well at my hands, but would have me excuse my coming; for which I craved a letter of licence from the parliament; instead whereof I received from the lord Conway a letter of prohibition, and restraint and confinement, under the king's own hand, whereas before I was restrained only by the lord Conway. "After this, I continued quiet almost a year in the country, until the coronation; and then I wrote a most humble letter unto his majesty, and to the duke of Buckingham; but received a letter from his majesty, written in a great Roman hand, inclosed in one from the duke, so differing from those gracious messages his majesty had formerly sent me, and several professions his majesty had made to my wife and others, that I knew not what judgment to make of the said letters; and divers copies of them were divulged abroad. "Then, my writ of parliament being denied, I several times caused the Lord Keeper to be VOL. II. hands." This being spoken by the Earl of Bristol, he was withdrawn. Then the Lord Chamberlain being required by the house to deliver his knowledge of that which the earl had vouched of him, he said, "The marquis Hamilton told me, in a speech which he the said marquis had with the duke of Buckingham, that the duke told him, that his niceness, the duke of Richmond's and mine, in not giving way to the earl of Bristol's commitment to the Tower, would prejudice the cause; for if he came to the king, he would put new hopes into his majesty, whereby the breach of Treaties with Spain, touching the Marriage and the Palatinate, would be hindered." The house having debated and agreed, how far to allow of the Earl's requests, he was brought to the bar again, and the Lord Keeper signified unto him, That their lordships require. him the said earl to put in writing the short Heads of those Petitions, which he desires this house to present unto the king on his behalf, and of what else he will desire their lordships to be inediators for him to his majesty; Which the earl promised to do on Monday next. Lord Keeper further told him, house had granted him a copy of the king's Charge against him, and that he should have counsel allowed him to plead his cause. And that he is to let their lordships know at what time he shall be ready to make his Answer.” The Earl desired to have time till this day s'ennight, for that many of his dispatches are in the country, which he would send for up in all speed. The "That the Mr. Attorney signified to their lordships (being demanded from what time he would charge the said Earl) that he had directions to charge him no further than with the dispatches of 1621, and downwards; whereupon the Ear! besought their lordships, that on Monday next he might signify when he may be ready to make his Answer, which being granted by the house, he rendered their lordships most humble and hearty thanks for their honourable proceedings; and so he was withdrawn. 40 May 8. The Lord Keeper delivered a Messeecheth your lordships to take is to considersage from the king to this elect, viz. “Whereas the earl of Bustol hath made request unto the house for counsel to be allowed to plead his Cause; his majesty understands thit the not using of counsel for a defendant, in cases of Treason and Felony, is an anticat au un lamental low of this kingdom: and therefore his majesty desires, That forasmuch as he hath committed this Cause to the honour and justice of this house, that your lordships would proceed with all caution, that this antient and fundamental law may receive no prejudice or blemish. ation of what consequsuce such a precedent may be; and therein most humbly to move his majesty for the declining, at least, of his majesty's accusation and testimony, in such sort as you m your high wisdoms shall think fit; whereunto the said earl doth most willingly submit himsef. And forasmuch as the said eari is so unhappy, as he understandeth, to have fullen mto his majesty's high displeasure, for which he is most heartily sorry; and the duke of Buckingham against whom he contesteth, standeth so enunent in his majesty's favour, whereat the earl presumeth not in the 'least measure to repine; but holdeth most The Duke of Buckingham's Speech against the just, that his majesty should, according to his Earl of Bristol. The duke of Buckingham moved the house, That the Lord Chamberlain might again declare his knowledge of that which the earl of Bristol had vouched him for. Whereupon the Lord Chamberlain, by command of the house, did again declare his knowledge therein, to the same effect he had on Saturday last; and the duke presently spake as followeth : | afectionate and good pleasure of his own royal heart, favour, prefer, or make difference of persous, in all points of grace and favour, and mediation. Yet in a case of justice, wherein two peers of the realm; two that have been privycounsellors, and ambassadors employed in the same affairs, and thereupon do now contest in point of honour and their loyalty, he most humbly beseecheth your lordships to be intercessors unto his majesty, that their causes may, by his majesty be equally referred to the justice of this honourable house, and their persons remain in equal condition. Further, he humbly beseecheth your lordships, so far to favour him as to present unto his majesty the trus sorrow and grief of his heart, for having ever ofended his majesty, and to make offer unto his majesty on the said earl's behalf, of all the acts of humiliation and submission (not tending to the wronging of his innocency) that ever subject made unto his sovereign; and that your lordships would be earnest mediators herein, for Lim, to his majesty. That your lordships would be pleased to move his majesty to give leave that all the dispatches concerning the Negotiations of the years 1621, 2, and 3, may be brought "My Lords; I can do no less on the behalf of this noble lord, of whom I will not leave it uncertain in your lordships opinions, that he hath alledged any thing of a friend that is dead, that he might not very well say; nor suffer my dead friend, who cannot answer for himself, to be thought that he had in the least kind broken the trus: I reposed in him; but to acknowledge, on the behalf of them both, that I have often said unto him and others, (not under the seal of secrecy) That if the earl of Bristol have access unto his majesty with new hopes, he would | go near to alter the resolution taken by advice of both houses. And I added thus much farther, (not out of any malice unto his person) That if the earl of Bristol had been my brother, considering his carriage in this business, I should have thought the Tower the fittest lodg-into this high court, and that he may make use ing for him." The Earl of Bristol's Petition that the Duke and he may be put upon equal terins. Then a Petition of the Earl of Bristol was read, in hæc verba; viz. "To the right honourable the Lords of the Higher House of Parliament. "The humble Petition of John Earl of Bristol, Humbly sheweth unto your lordships, That whereas it appeareth by the title of the Charge exhibited against the earl of Bristol, in this honourable house, that the earl of Bristol is to answer before his majesty and the peers; and that his majesty is judge, and by Mr. At torney's confession, this Charge is by his majesty's relation, and so he standeth by his majesty accused: And that several points of the said Charge are grounded only upon private conferences with his majesty, so that his majesty, by his testimony, becometh a witness: And in case the said earl should be convict, his confiscation cometh to the crown. For this regard and divers others, he humbly be of them as his evidence. That his majesty may be moved that my lord Conway may not use his majesty's name, er ufficio, in any thing that may concern the earl of Bristol or his Cause. And he shall pray, &c. BRISTOL." Unto this Petition was also annexed as follows, viz. "The Names of such Counsel as the earl of Bristol humbly desireth may be assigned to him; Mr. Serj. Hedley, Mr. Serj. Bramston, Mr. Serj. Crawley, Mr. Anthony Lowe.-The earl of Bristol, concerning the time of putting in his Answer, saith, That though the Charge looketh no further back than 1621, yet the inferences thereof are drawn from his dispatches of far antienter date, so that he is constrained to send post for some of them to his house in the country, which he hath done; and therefore desireth the space of 8 days, assuring your lordships, that if in shorter time (as he nothing doubteth) he shall be able to finish it, he will presently advertise your lordships thereof. The said earl further prayeth, That being in custody of Mr. Maxwell, gentleman usher of this house, and there being many things that in the |