interim may happen wherein he may need your lordships further order, that your lordships would be pleased now to order, that Mr. Maxwell may present unto your lordships such further petitions or requests, on the behalf of the said earl, as he shall have occasion to preler unto your lordships. BRISTOL."

Hereupon it was ordered, That Mr. Maxwell may present unto the house any Petition which the Earl shall have occasion to make hereafter. Then the house was put into a Committee, that their lordships might the more freely debate the contents of this Petition; and the petitions were read in parts, and each part considered of by itself; but before any conclusion was had thereof, a Message came from the commons, whereupon their lordships proceeded no further herein at this time, and the house was resumed.

according to his duty, he moved the lords of the Upper House, upon your notice given him,' who 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 majesty's Message; and that by a delay therein your own purposes will be in some sort disappointed, and the affairs of | Christendom_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 Message from the commons, by Mr. Vice- it is to be transmitted as a grievance by the Chamberlain and others, "That the Commons voice of this house; but he doth profess he desire a Conference between a Committee of will rather hazard the safety of his fortune, reboth houses, if it shall so please their lordships, putation and himself, than to be the least occuand at such time after this morning as their sion of any thing that may work disaffection or lordships shall appoint." Answer. "A com- misunderstanding between the king and his mittee of this whole house will meet a commit-people; and it is his protestation, that what tee of the whole house of commons at two this soever interpretation is made of his actions, afternoon, in the Painted Chamber, to receive his endeavours shall be, as long as he hath any what shall be propounded to their lordships." favour with his gracious master, to take opporThe messengers being departed, the house ap-tunity of doing good offices to this house, and pointed these lords to report what the com- of rendering all that he can be able for the mons should propound at this Committee, viz. safety of the state, and the general good of the The Lord President; the Lord Chamberlain; common-wealth. And this he saith you may the earls of Dorset, Bridgwater, Devonshire, the easier believe, because his majesty can witClare; lord visc. Say and Seale; lord bishopness that he hazarded in his father's time the of Norwich. And it was agreed, that these eight lords should have the first and most convenient places at this committee.-We shall | now go back a little, in order to take a view of the duke of Buckingham's affair in the house of commons.

April 22. The commons had perfected their Charge against the Duke, and sent him notice of it by sir John Hippesley and Mr. Giffard, two of their members. The heads of it, from the clerk's books, they were allowed to deliver to him, verbatim, but to leave no notes of them with him. His Answer was also required in two days time, before them, if he pleased.

April 24. The gentlemen sent to the Duke made this report to the house, "That they had acquainted the Duke with the Message, who told them he could not give Answer to it, till he had informed the lords about it." That this forenoon having asked leave of the lords, they would by no means consent to it. However, he dictated some Answer to them, which being put into writing was read to the house, as follows:

"That he should, with great care, make all due acknowledgment of your respect and favours in giving him this notice; which though it do invite him to render unto you such a satisfaction that, he hopes, may acquit and restore him to your good opinions, and might prevent your proceedings, which otherwise by a parliamentary course are like to follow: yet

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 chearfullier 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 bis own innocency maketh him confident that he shall not."

A further Charge against the Duke of Buckingham.

April 27. A new matter was started against the duke of Buckingham, concerning a Plaister and a Posset given to the late king James, in his last sickness. Mr. Glanvile made the Report of it from the committee of Examinations into the Duke's conduct: and said, That the sworn physicians had testified before them, that they had agreed upon certain directions in the king's sickness, particularly that he should have neither meat nor drink for some hours before his fit. That upon this and other matters, the committee were of opinion this should be an

nexed to the duke's Charge, as a transcendent | nominated to consider of the manner how the presumption of dangerous consequence. On commitment should be prayed. this a debate arose, and the house divided on the question, Whether the grand committee of the whole house should now sit, to take consideration of this business? And it was carried in the affirmative, by 191 against 150.

April 28. Mr. Wandesford reported from the grand committee, concerning the duke of Buckingham, a general agreement amongst all the king's sworn physicians, that nothing should be administered to the king without the joint consent of them all, &c. Upon question, it was resolved, 1. "That a plaister was applied, and a drink given, to the late king, in the time of his last sickness, without the advice of his sworn physicians, and not made by his sworn apothecaries or surgeons, contrary to the general directions of the physicians, and after being particularly disliked by thein. 2. That the application of the plaister and giving of the drink to the late king, as agreed upon in the last question, was an act of transcendent presumption, and of dangerous consequence. 3. That this drink was given to the late king by the duke, and the plaister applied to bum by the duke's direction. 4. That this shall be annexed to the rest of the duke's charge."

May 9. The duke of Buckingham moved the lords, "That forasmuch as the business, which the committee of the commons bad began the day before to declare unto a committee of this house, was not then finished, that their lordships would give them a speedy meeting again this morning concerning the same." This motion was agreed to, and a Message was sent to the commons accordingly. To which this Answer was returned: "That at the meeting of both houses yesterday, the committee of the commons did impeach a great lord of divers crimes and misdemeanors, which could not then be finished for want of time; and the gentleman who was appointed to proceed in the next part of the charge, is so visited with sickness, that the commons are enforced to make use of one of his assistants. Therefore they desired that their lordships would appoint any time they pleased, for the next meeting, after this morning." Answer, "The lords do appoint 8 o'clock the next morning, in the former place, for the purpose: and then either the aforesaid gentleman may be recovered, or his assistant better provided to perform the same."

the Earl of Bristol.

April 29th. The king sent a message to the house, by the chancellor of the exchequer, Questions proposed to the Judges relating to intimating, "That he having given way to their enquiries about the duke of Buckingham; and hearing there is new matter intended to be brought in; in respect of the season of the year, and the attairs of state, desireth the house will avoid loss of time therein and leaveth them to their own way, either by presenting the complaint to himself or to the lords.' Thanks was ordered to be returned by the said chancellor and others, to the king for his gracious Message.

:

The same day the lord keeper put the house in mind of the earl of Bristol's last Petition to them, appointed to be heard as to day? when, the Judges being sent for, the following Questions were agreed upon to be put to them and left to their considerations. 1. "Whether, in case of treason or felony, the king's testimony was to be admitted or not? 2. Whether words spoken to the prince, who is after king, makes any alteration in this case?" The Judges were ordered to deliver their opinions herein on the 13th inst.

The King takes Offence at the Managers behaviour, and commits two of them to the Tower.

The commons having now entirely finished all their Articles against the Duke, and agreed upon the members who should defend each of them; on the 3th of May they sent a Message to the lords, desiring a Conference with them concerning the Impeachment and Accusation of a great peer of that house, with as much con- May 11. Early in the morning, the king came venient speed as their occasions would permit. to the house of lords, and, being seated on the Accordingly, at the time appointed, the com-throne, made the following speech to them: mons went up with their impeachment, which was to be managed by eight of their members, and sixteen others as assistants to them. The names of the eight chief managers were, sir Dudley Diggs, Mr. Herbert, Mr. Selden, Mr. Glanvile, Mr. Whitby, Mr. P'ym, Mr. Wandes-order for punishing some insolent speeches ford, and sir John Elliot.--The next day, upon a question, That the house do move the lords, that the duke of. Buckingham may be committed to prison, the house divided, Ayes 225; Noes 106. The Commons Journals inform us, That the Noes would have yielded; but the Yeas would not accept it, desiring to be numbered *. A committee of 20 members was also

* Whether a division to ascertain the numbers for and against a question in the house of

My lords; The cause and only cause of my coming to you this day, is to express the sense I have of all your honours; for he that toucheth any of you, toucheth me in a very great measure. I have thought fit to take

spoken to you yesterday, by way of digression. I have been too remiss heretofore in punishing such speeches as concern myself; not that I was greedy of their monies, but for that Buckingham, through his importunity, would not suffer me to take notice of them, lest he might be thought to have set me on, and that he might come the forwarder to his trial to approve his

commons can be insisted on, see Hatsell's Precedents, vol. 2. p. 185.

innocency, For as touching the occasions against him, I myself can be a witness to clear him in every one of thein. I speak not this to take any thing out of your hands; but to shew the reason why I have not hitherto punished those insolent speeches against myself. And now I hope ye will be as tender of iny honour, when time shall serve, as I have been sensible of yours."

After which his majesty departed. The king's coming to the house and making this speech, was occasioned by the behaviour of two of the managers for the commons against the duke; who in their Speeches had let fall some expressions, as was reported, that were highly resented by his majesty ; and he had accordingly committed them both to the Tower. The consequence of which will fall better in another place.

The Commons desire the Duke of Buckingham

may be committed to safe Custody. The same day a Message came from the commons, brought by sir Nath. Rich and others, which was to this purport:

their opinions, not long since, your lordships
know; and, what I have done since to lose
their good opinion, I protest, I know not.-I
cannot so distrust my own innocency and heart,
which abhors guilt, as to offer to decline any
course or court of justice; and, had they not
brought my cause to your lordships, I so much
trust in the justice and equity of this house, that
it should have been my work to have done it.
So as in this, only, they have done me a favour,
to deliver me out of their hands into your lord-
ships.-Aad now, my lords, whilst I protest
mine innocency, I do not justify myself from
all errors, as if I was an angel amongst men; I
know, very well, that offices and places of high
trust and eminence, may be discharged by men
whose abilities are better than the best of mine,
and still the management of them may lay open
to exceptions.-The king and the state shall
have few to serve them, if for their reward of
service, if for every particular that may happen
in the success of things, or for doing things
better than some could wish, for refusing to do
all they wish, they shall be given up, in the time
of their master's wants, for a grievance, or a
sacrifice. But, for this I shall confidently speak,
from such crimes as truly deserve punishment
from the state, I hope I shall ever prove myself
free, either in intention or act.
speak not this arrogantly; nor will I speak any
My lords, I
thing else to cast dirt at those who have taken
pains to make me so foul; but, to protest mine
innocency, in that measure, which I shall ever
hope to prove, nay, am confident of, being be-
fore such just judges.-I humbly beseech your
lordships to be sensible of me in this point,
what dishonour I have sustained, not only at
home but abroad; wherefore, I humbly desire
your lordships to hasten my trial, as soon as may
be, that I may no longer suffer than I must
needs; and yet I further desire of your lord-
ships that no such precipitation may be used,
as may disadvantage or may prejudice my cause.

"The knights, citizens, and burgesses of the commons house of parliament, taking into their serious consideration the main mischiefs and inconveniences which this renowned kingdom doth now suffer, threatening apparent danger to the king and commonwealth, have by search and disquisition into the causes thereof, found that they do principally flow from the exorbitant power and abusive carriage of the duke of Buckingham; whereof he hath in this parliament been impeached before their lordships by the commons, besides an accusation of a peer in their own house, who hath charged him (as they are informed) of high treason: They therefore with one voice make an entire declaration, That they hold it a thing of dangerous consequence both for the present and future times, that a man of so great eminence, power, and authority, being impeached and accused of such And here, my lords, I had a purpose to offer high crimes and offences, should yet enjoy his unto your lordships my voluntary absence from liberty, hold so great a part of the strength of this place, even now in the beginning of the the kingdom in his hands, sit as a peer in par-handling of my cause; as your lordships may liament, and be acquainted with the counsels thereof, whereby inevitable mischief may suddenly fall upon the kingdom. Wherefore they have thought it their duty to recommend this their unanimous desire to their lordships, as agreeable to law and reason, That they would be pleased forthwith to commit the person of the said duke to safe custody."

The Duke of Buckingham's DEFence. The reply the lords made to the messengers was, That they would take their Message into consideration, and return an Answer to it in convenient time. And, after the commons were withdrawn, the duke of Buckingham got up and spake as follows:

"My Lords; If I hold my peace, it will argue guilt, and if I should speak, it may argue boldness; being so foully accused. Your lordships see what complaints are made against me, by the house of commons; how well I stood in

perceive in part, by my former carriage towards the earl of Bristol. For, doubting lest my presence might any way disturb him and put him into passion, or any other way disadvantage him in his cause, I did voluntarily, as your lordships saw, absent myself. But, now that my accusers have, not only, been content to make my process, but to prescribe to your lordships the manner of my judgment, and to judge me before I am heard; I shall not give way, in my own particular, to any of their unjust demands; but yet, I do submit myself in this, and in all things else, to your lordships consideration."

The lords took no further notice of the Message that day; and only ordered, that the eight lords, appointed to report what was delivered by the commons, against the Duke, at the con ference, should do it fully and entirely. And, to that end, if they pleased, they were to read the same out of their notes; and it was further

1307] STATE TRIALS, 2 Cn. I. 1626.-Impeachment of the D. of Buckingham, [1308

agreed that each lord is and ought to report all to the house, not to qualify the same in any part; and that nothing, so spoken and delivered, should be imputed to the reporter. Also, that they might help their memories with the gentlemen of the house of commons, who spoke at that conference.

The Judges forbid by the King to give their

Opinions in the Earl of Bristol's Case.

May 13. An order of the house was read, concerning the Judges Opinions, on the two Questions in the Earl of Bristol's Case beforementioned; whereupon they were called on for that purpose. When the Lord Chief Justice

pressed in the said duke's stile and title heretoI. "First, that whereas the great Offices exveral persons eminent in wisdom and trust, and fore have been the singular preferments of sefully able for the weighty service and greatest employment of the state, whereby the said cuted, by several persons of such wisdom, trust, offices were both carefully and sufficiently exeand ability; and others also that were employed by the royal progenitors of our sovereign lord the king, in places of less dignity, were much encouraged with the hopes of advancement; and whereas divers of the said places, severally of themselves, and necessarily, require the whole care, industry, and attendance of a most duke, being young and unexperienced, hath, of provident and most able person; he the said late years, with exorbitant ambition, and for his own profit and advantage, procured and engrossed into his own hands the said several offices, both to the danger of the state, the prejudice of that service which should have been performed in them, and to the great discouragegrossing of the said offices, are precluded from ment of others, that, by this procuring and enlic employments, might otherwise have given such hopes, as their virtues, abilities, and pubthem.

Buying the Admiral's Place.

this kingdom of England, if any person what
II. "Whereas, by the laws and statutes of

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