chasers desire for their own security. Of which objection he made this use, That the subjects generally took notice of so much lands given to the duke, that there is good cause to expect resumption. "In the second general branch of this Article concerning Money, the first point observed was, the total sum received by him in ten years space, amounting to 162,9951. besides the grant he hath of the overplus above 3,000l. per annum to be made of the third imposed upon strangers goods, and besides the moiety of 7,000%. out of the customs of Ireland, which he is bound to pay to the king; but whether it hath been paid, or no, is doubtful. "This he delivered as a sum estimative, yet so computed as it may be more, but no less. And this total ariseth by free gifts or pensions to himself, else by profit of farms, by pensions to others; for offices, whereof he received the profits, as the Admiralty, and Mastership of the Horse. All which appear by a schedule annexed to his charge. | God's service religiously; or religiosa, used about funerals and monuments of the dead; or publica, of which kind the matter now in question is? And this offence by that law was death and confiscation of goods and estate. Which he notes the rather, that their lordships might perceive, that in the wisest state the public treasure was held in the same reputation with that which was dedicated to God and religion. 2. And whether it doth not resemble another crime in the same law termed crimen falsi, and is defined to be when a man shall imitatione veri suum compendium alieno dispendio per dolum facere,' by semblance of truth make gain to himself of other mens losses: which in the case of a bondman was death, and in case of another man banishment and confiscation, or otherwise very penal, as the judges should find cause of moderation, or rigor, in the nature and circumstances of the fact. 3. Whether their lordships will estimate it according to any sentences in the Star-chamber, which have been very frequent in cases of fraud: or according to the common-law, which so much detests this kind of dealing, as that they term it Covin, and make it vitiate ordmary and lawful actions. Or lastly, whether they "The Grievances consist in this; That the common-wealth hath been bereaved of the use and employment of so public treasure in a time of as great want, and great occasions in this state, as it hath had in many ages, when the|will measure it by that judgment which the expences of the king's court can hardly be supplied, when his house and castles were unfurnished, when the seas have been unguarded, the coast subject to the incursion and spoil of enemies by default of provision in the navy, to the dishonour of the nation, and damage of the subjects, and hazard of the whole. And the offence is this, that the wants in the navy and stores being within his own charge, he was no more sensible of them; whereby it appears, he preferred the serving of his own turn before his duty and before the safety of this state. use. "The second point observed in this branch, was, That the Duke, under pretence of secret services, had procured great sums of money to be issued by Privy-seals to sundry persons named by himself, but afterward employed to his own Hereof two instances are propounded: the one of 8,000l. paid to sir Robert Pye, 12 Aug. 1610, and by him disbursed for the duke's purchase of Burleigh, and sir Robert Pye discharged by another Privy Seal, 4 Junii following. The second instance is of 60,000l. paid to Burlimach by a Privy Seal, in Sept. 1625. Which time they rather noted, because the parliament at Oxford was broken up a little before out of discontent that the king was not supplied for the setting out of the fleet, which would have been done with a less sum. For the proof of that the house of commons will offer to your lordships witnesses. "The quality of this offence he left to their lordships judgment; yet propounding some things by way of enquiry from whence it might receive measure and proportion. 1. Whether it had not affinity with the crime in the civil law, called crimen peculatus; which was when a man did unjustly turn to his own use that money which was either sacra, dedicated to VOL. II, duke hath passed against himself in the guilt of his own conscience? (direct actions are not afraid to appear open-faced; but injustice and fraud desire to be masked with subtilty and closeness.) It were offence enough, if there were no more but a cunning concealing of unthankfulness to hide his majesty's bounty; or guilt of unworthiness, as if he durst not avow the receipt of that which he hath not merited; both which proceed from malum culpa, or else that other kind of guilt which proceeds from malum pana, the fear of punishment, foreseeing this inquisition into his actions, and hoping, under this disguise of public service, to escape their lordships censure. "The third point in this branch is, That he hath received sundry sums of money intended for the maintenance of the Navy; whereof there are two instances: the one whereof is 20,000l. the other of 30,000l. both in Jan. 1624. By Privy Seal, by the which these sums are issued, they appear to be free gifts: but by the affirmation of some in answer for the duke, it hath been said, He was only the hand to convey them to the treasury of the navy. If the truth be according to the Privy Seal, they are to be added to the former total as parcel of his own gain: If according to that allega tion, it may prove a precedent of greater damage to the king, than the money is worth; for by this way his majesty hath no means by matter of record to charge the Treasurer of the Navy with these sums, and may lose the benefit of the act of parliament 13 Eliz. whereby accomptants lands are made liable to the payment of their debts to the king, and in many cases may be sold for his majesty's satisfaction. The Treasurer of the Navy is a worthy man, but if he should die, the king loseth the benefit, 4 8 "The fourth point of this branch is, That he hath caused so great a mixture and confusion between the king's estate and his own, that they cannot be distinguished by the records and eu- | tries which ought to be kept for the safety of his majesty's treasure, and indemnity of the subject. This is proved in divers instances, whereof the last alleged is one, and others follow. goods into his own hands; and for this purpose, he first laboured to procure that his man Gabriel Marsh might receive it; and when it was thought fit some partner should be joined with him, trial was made of divers, but none of any credit would undertake the charge with such a consort. And the commons have reason to think there was good cause of this refusal; for he is so ill an accomptant, that he confessed in their house (being examined) that by authority from the duke he received divers bags of gold and silver out of the St. Peter of Newhaven, which he never told. "By the wisdom of the law in the constitution of the Exchequer, there be three guards set upon the king's treasure and accempts. The first is a legal impignoration, whereby the estates personal and real of the accomptants are "When this practice of employing his own made liable to be sold for the discharge of their man would take no effect, then he procured a debts, which I mentioned before. The second commission from sir William Russen, who is inan apt controlment over every oflice; by which deed without exception an able and worthy the king relies not upon the industry and ho- officer; but that is not enough for the king's nesty of any one man; but if he fail in either, security; for however he was to receive the it may be discovered by some other sworn to money, it was to be disbursed by and to the take notice of it, and either to correct his er- duke's warrant and profit. Which clause hath rors, or amend his faults. The third is a du- | been altered since this was questioned in parrable evidence and certainty, not for the pre-liament; and now it is to be issued from an imsent time only, but for the perpetuity, because the king can neither receive, or pay, but by record. "All these guards have been broken by the duke, both in the cases next before recited, and in these two which follow. The custom of the Exchequer is the law of the kingdom, for so much as concerneth the king's revenue. Every breach of a law by a particular offence, is punishable; but such an offence as this, being destructive of the law itself, is of a far higher na ture. "The fifth point of this second branch, is concerning two Privy Seal. of Release; the one 16, he other 20 Jac. whereby this duke is di charged of divers sums secretly received to his majesty's use, but by virtue of these releases to be converted to the support of his own estate. The proof hereof is referred to the Pivy Seals themselves. From which he made one observation, of the subtilty he used to wind himself into the possession of the king's money, and to get that by cunning steps and degrees, which peradventure he could not have obtained at once. A good master will trust a servant with a greater sum that is out of his purse, than he would bestow upon him being in his purse; and yet after it is out of his hands, may be drawn more easily to make a release, than at first to have made a free gift. This is a proper instance to be added to the proof of the point of mingling his own estate with the king's; and of the same kind be other particulars mentioned in the schedule, though not expressed in the charge; as 20,000l. received in composition for the earl of M. his fine, which cannot be discovered whether part or all be converted to the duke's benefit, and yet it appears by a private seal to be clearly intended to the king's own service for the houshold and wardrobe, till by the duke's practice it was diverted into this close and by-way. "Another instance in this, is, bis endeavour to get the money which should be made of Prize mediate warrant from his majesty: but as it was before, it may be noted as an incroachment upon the oflice of my Lord Treasurer, whereby he might make a more easy way, to some sinister end of his own; so that upon the matter, sir William was but a safeguard of the money for the duke bimself. And this I must note of some guilt in the very act of it. "The last point upon this whole Charge, was a reduction of the value of the land, together with the money into one total, and to that purpose he rated the land, being valued at a reasonable value, at 40 years purchase; for although some of it was sold for 30, yet a great part was worth more than 100 years purchase, so as 40 years is conceived to be an easy medium; at this rate, 3,0351. amounteth to 121,400l. which being added to the total of the money received, 162,9957. both together make the sum of 284,3957. besides the forest of Leyfield, and besides the profit made out of the thirds of strangers goods, and the moiety of the profit made out of the customs of Ireland. "This is a great sum in itself, but much greater by many circumstances; if we look upon the time past, never so much came into any private man's hands out of the public purse; if we respect the time present, the king never had so much want, never so many foreign occasions, important and expensive; the subjects have never given greater supplies, and yet those supplies unable to furnish these expences. But as the circumstances make the sum greater, so there be other circumstances which make it less, if it be compared with the inestimable gain he hath made by the sale of honours and offices, and by projects hurtful to the state, both of England and Ireland; or if it be compared to his profusion, it will appear but a little sum. All these gifts, and other ways of profit, notwithstanding he confessed before both houses of parliament, that he was indebted 100,000. If this be true, how can we hope to satisfy his prodigality? if false, how can we hope to satisfy his covetousness? and therefore their lordships | need not wonder, if the commons desire, and that earnestly, to be delivered from such a grievance. pardon his delivery, and to give a favourable censure of him. The Thirteenth Article enlarged by Mr. Wandesford. Lastly, The Thirteenth Article was read. Mr. Wandesford, deputed to enlarge and aggravate upon the Thirteenth Article, commended the charity and providence of that law, which makes it penal for unskilful empirics, and all others, to exercise and practise physic upon common persons, without a lawful calling and approbation, branding them who thus transgress as improbos, ambitiosos, temerarios, et audaces homines:' But he that without skill and calling shall direct a medicine, which upon the same person had wrought bad effects, enough to have dissuaded a second adventure; and then when physicians were present, physicians selected for learning and art, prepared by their office and oaths, without their consent, nay, even contrary to their direction, and in a time unseasonable; he must needs (said he) be guilty, albeit towards a common person, of a precipitate and unadvised rashness, much more towards his own sovereign. And so pious are ourselves to put the subjects in mind of their duty towards their princes, persons so sacred, that in the attempt of a mad-man upon the king, his want of reason, which towards any of his fellow subjects might acquit him of felony, shall not excuse him of treason. And how wary and advised our ancestors have been not to apply things in this kind to the person of a king, may appear by a precedent, 32 H. 6, where John Arundel, and others the king's physicians and chirurgeons, thought it not safe for them to administer any thing to the king's person, without the assent of the privy council first obtained, and express licence under the great seal of England. "That this complaint and proceedings of theirs may appear to be suitable to the proceedings of their predecessors in like cases; he alledged three precedents, which he said were precedents in kind, but not in proportion, because there hath never been the like. The first, 10 Rich. 2, in the complaint against Michael de la Pool, earl of Suffolk; out of which he took three Articles: the first, That being chancellor, and sworn to the king's profit, he had purchased divers lands from the king, more than he had deserved, and at under rate; yet this was thought to be an offence against the state. The second, That he had bought of one Tydman an annuity of 500l. per annum; which grant was void by the laws, yet he being chancellor, procured the king to make it good by a new grant, upon surrender of the old. This was complained of in' parliament, and there punished. The third, Whereas the master of St. Anthony's, being a schismatic, had forfeited his possessions into the king's hand; this earl took them in farm at 20 marks a year, converting the overplus, which was 1,000 marks, to his own profit, which would have come to the king. -The next precedent, 11 Rich. 2, in the Judgment against Robert de Vere of Oxford, and others; out of which he took two Articles, the fifth and seventh: the fifth was for taking manors and lauds annexed to the crown, whereby they themselves were enriched, and the king made poor. The seventh was for intercepting the subsidies granted for the defence of the kingdom.-The third precedent is that of 28 Hen. 6, in the Parliament Roll, out of the complaint against William de la Pool, duke of Suffolk, article 29. That he being next and primest of council to the king, he had procured him to grant great possessions to divers persons, whereby the king was much impoverished, the expence of his house unpaid, wages, wardrobe, castles, navy, debts, unsatisfied; and so by his subtle counsel, and unprofitable labour, the revenues of the crown, and the duchy of Lancaster, and other the king's inheritances, so much diminished, and the commons of the kingdom so extremely charged, that it was near to a final destruction. The fourth was, That the king's treasure was mischievously distributed to him-infective quality, striking the malignity of the self, his friends and well willers; so that for lack of monies, no army, nor ordnance, could be provided in time; and because these great persons were not brought to judgment upon these articles alone, but for other misdemeanors, he made this observation, That ravening upon the king's estate, is always accounted with other great faults that deserve judgment." Then he said, he had done with that which had been left to him; and so he left the duke to their lordships' justice, That as he had exceeded others in this offence, so he might not come behind them in punishment. And so he humbly desired their lordships to be pleased to "This medicine found his majesty in the declination of his disease, (and we all wish it had left him so) but his better days were shortly turned into worse; and instead of health and recovery, we hear, by good testimony (that which troubles the poor and loyal commons of England) of great distempers, as droughts, raving, fainting, an intermitting pulse, strange effects to follow upon the applying of a treacle plaister. But the truth is, testimony tells us, that this plaister had a strange smell, and an disease inward; which nature otherwise might have expelled outward. Add to this the drink, twice given to his majesty, by the duke his own hands, and a third time refused, and the following complaint of that blessed prince, the physi cians telling him, to please him for the time, That his second impairment was from cold taken, or some other ordinary cause: No, no,' said his majesty, it is that which I had from Buckingham.' And though there be no precedent (said he) of an act offered to the person of a king, so insolent as this; yet it is true, that divers persons as great as this, have been questioned and condemned for less offences against 1367] STATE TRIALS, 2 CH. I. 1626.-Impeachment of the D. of Buckingham, [1368 the person of their sovereign. It was an Arti- "Lastly, he said, He was commanded by Sir John Elliot's Speech concluding the Duke's The several Articles being thus enlarged and aggravated by the said respective members, sir John Elliot was appointed to make the Epilogue to the Impeachment, who spake thus: "My lords; Your lordships have heard, in the labours of these two days spent in this service, a representation from the knights, citizens and burgesses of the commons house of parliament, of their apprehension of the present evils and dangers of this kingdom; of the causes of the same; and of the application of them to the duke of Buckingham, so clearly and fully, as I presume your lordships expect I should rather conclude, than add any thing to his Charge. Your lordships have heard how his ambition was expressed in procuring and getting into his hands the greatest offices of strength and power of this kingdom; by what means he had attained them, and how money stood for merit.-There needs no argument to prove this, but the common sense of the miseries and mis fortunes which we suffer; adding but one, the regality of our narrow seas, the antient inheritance of our princes, lost or impeached. "This I need not further to press, but from hence my observation must descend to his other virtues, and that by way of perspective; I shall give it so near and short, as rather to exercise inward character of the duke's mind, which is "First, I propose unto your lordships, the antients Stellionatus; a beast so blurred, so full of collusion and deceit; I can express it spotted, so full of foul lines, that they knew no better than by the beast, called by the man's practice, who first inviegled the merchants, drawing them to Diep to be inthralled; not what to make of it: so do we find in this then dealt deceitfully with the king to colour and the religion: Next with the parliament, to disguise his actions; a practice no less danhis offences, his design being against Rochel dicial to our friends and allies. gerous and disadvantageous to us, than preju 66 high oppression, and that of strange latitude Next, I present to your lordships, the duke's of court, to the pleasure of his majesty, all must and extent, not to men alone, but to laws, and stoop to him, if they oppose or stand in his statutes, to acts of council, to pleas and decrees the ship called the St. Peter, and those of This hath been expressed unto you in Diep; nay, he calls on the colour of his majes ty's great name to shadow his design. way. hand of strangers; that had his majesty yielded "It had been his duty, nay, the rest of the in that point, the duke should have opposed it place, not to have translated them into the by his continual prayers and intercessions, making known unto his majesty the inconvenibut to have reported it to your lordships sitting ences likely to ensue, and not to rest there, and assistance, in a matter of so great importin council, to have desired and prayed your aid hath been done by worthy predecessors in that ance: And if this had failed, he should have oflice, and this hath been the worthy discharge entered into a protestation against it. This of the great trust reposed in his place. but if I knew so, this neither excuseth, nor qualifieth the duke's offence. The French in heard the ships were returned, but I know it; this case are to be commended, not he excus power, who when they once had them, for any thing he knew, might easily have kept them. ed; he left them in the hands of a foreign I in exacting from the East-India Company, without right or colour, 10,000l., exquisitely "The third head is, The duke's Extortion, expressed, and mathematically observed by the gentleman, you know by whom employed, who, by his marine experience, learned this observation, That if the fleet gained not the wind by such a time at the Cape, the voyage was lost." Elliot, in the name of the commons, makes this Protestation: aspersion on his majesty's name; they hold his "In the fifth place, I observ› a wonder in policy and in nature, how this man, so notorious in evil, so dangerous to the state in his immense greatness, is able to subsist of himself, and keep a being: To this I answer, That the duke hath used the help of art to prop him up: It was apparent, that by his skill he hath raised a party in the court, a party in the country, and a main party in the chief places of government in the kingdom: So that all the most deserving offices that require abilities to discharge them, are fixed upon the duke, his allies and kindred, And thus he hath drawn to bim and his, the power of justice, the power of honour, and the power of command, and, in effect, the whole power of the kingdom, both for peace and war, to strengthen his allies; and in setting up himself, hath set upon the kingdom's revenues, the fountain of supply, and the nerves of the land. likened; I can hardly find him a match or parallel in all precedents; none so like him as Sejanus, who is thus described by Tacitus, Audax, sui obtegens, in alios criminator, juxta adulator et superbus.' "To say nothing of his veneries, if you please to compare them, you shall easily discern wherein they vary; such boldness of the one hath lately been presented before you, as very seldom or never hath been seen. For his secret intentions and calumniations, I wish this parliament had not felt them, nor the other before. For his pride and flattery, it is noted of Sejanus, that he did, Clientes suos provinciis adornare.' Doth not this man the like? Ask England, Scotland, and Ireland, and they will tell you. Sejanus's pride was so excessive, as Tacitus saith, He neglected all council, mixed his business and service with the prince, seeming to confound their actions, and was often stiled Imperatoris laborum socius.' How lately and how often hath this man commixed his actions in discourses with actions of the king's? My lords, I have done, you see the man; only this which was conceived by the knights, citizens, and burgesses, should be boldly by me spoken, That by him came all these evils, in him we find the cause, and on him we expect the remedies, and to this we met your lordships in conference; to which, as your wisdom invites us, so we cannot doubt, but in your lordships wisdom, greatness and power, we shall, in due time, find judgment as he deserves. "He intercepts, consumes, and exhausts the revenues of the crown, not only to satisfy his own lustful desires, but the luxury of others; and by emptying the veins, the blood should run in, he hath cast the body of the kingdom "I conclude, by presenting to your lordships into an high consumption. Infinite sums of the particular censure of the bishop of Ely, remoney, and mass of land, exceeding the value ported in the 11 Rich. 1, and to give you a of money, contributions in parliament have short view of his faults. He was first of all been heaped upon him, and how have they noted to be luxurious; Secondly, He married been employed? Upon costly furniture, sump- his own kindred to personages of highest rank tuous feasting, and magnificent building, the and places; Thirdly, no man's business was visible evidences of the express exhausting of done without his help; Fourthly, he would the state; and yet his ambition, which is not suffer the king's council to advise in matboundless, resteth not here, but, like a violent ters of state; Fifthly, he grew to such a heighth flame, bursteth forth, and getteth further scope of pride, that no man was thought worthy to Not satisfied with injuries, and injustice, and speak unto him; And lastly, his castles and dishonouring of religion, his attempts go higher, forts of trust, he did obscuris et ignotis homito the prejudice of his sovereign, which is 'nibus tradere.' His doom was this, 'Per toplain in his practice. The effects I fear to tam insulam publice proclamatur, periat qui speak, and fear to think. I end this passage,perdere cuncta festinat, opprimatur ne omnes as Cicero did in a like case, Ne gravioribus utar verbis quam rei natura fert, aut levioribus < quam causæ necessitas postulat.' opprimat."" The Duke of Buckingham charges sir Dudley Diggs with treasonable Words at the foregoing Conference. After the Report of the Duke's Charge was made to the lords, his grace rose up and affirmed to the house, "That some Words were spoken at the late Conference by sir Dudley Diggs, which so far trenched on the king's honour, that they were interpreted treasonable. And that, had he not been restrained by the order of the house, he would have reprehended "Your lordships have an idea of the man, what he is in himself, what in his affections. You have seen his power, and some, I fear, have felt it; you have known his practice, and have heard the effects. It rests then to be considered, what, being such, he is in reference to the king and state; how compatible or incompatible with either? In reference to the king, he must be stiled the canker in his treasure; In reference to the state, the moth of all goodness. What future hopes are to be ex-him for them. He, therefore earnestly desired, pected, your lordships may draw out of his actions and affections; I will now see, by comparison with others, to what we may find him because that divers constructions had been made of those Words, and variously reported, that the eight lords would be pleased to pro |