duce their Notes taken at the said conference." "That since the time of Henry the 6th, these parliamentary discoursings might never be suffered, as being but certain symptoms of subsequent rebellions, civil wars, and the dethroning our king, and no one patriot daring to oppose them, lest he incur the reputation of a fool or coward in his country's cause.— His majesty therefore strengthened himself ever with some favourite, as whom he might better trust, than many of the nobility, tainted with this desire of oligarchy. This motion occasioned a long debate, the house being often put into a committee and resumed again, till, at last, 30 lay-lords and 6 bishops, though there was no order for it, inade a voluntary Protestation, upon their honours, "That the said sir Dudley Diggs did not speak any thing at the said Conference, which did or might trench upon the king's honour; and, if he had, they would presently have reprehended him for it."-The lord president, the earl of "It behoveth, without doubt, his majesty, to Manchester, affirmed, That he had reported uphold the Duke against them, who it he be the words in the same sense they were deliver- decurted, it will be the corner-stone, on which ed unto him by the party himself; and, though, the demolishing of his monarchy will be buildthe dislocation of them required to be explained: for if they prevail with this, they have ed, yet he agreed with the rest of the lords for the party's good meaning, and made the same protestation. Some other lords affirmed, They did not hear them at all; others said, They would make no Protestation until they were commanded by order; and only one, the earl of Holland, thought the words were fit to be explained and the party questioned about Upon the Impeachment of the duke, a Paper was privately conveyed to the king, importing, "That this great opposition against the Duke, was stirred up and maintained by such as seek the destruction of this free monarchy, Because they find it not yet ripe to attempt against the king himself, they endeavour it through the sides of the duke. The persons agreeing in this one mischief, are of divers sorts and humours. 1st, meddling and busy persons, who love popular speeches: 2. covetous landlords, inclosers, depopulators, &c. who being of the parliament, ease themselves in Subsidies, and lay it on the true commons, and cry out, the Grievances are caused by the duke. 3dly, Recusants, who hate the duke for the breach of the Spanish match. 4thly, persons indebted, who, by privilege of parliament, avoid payment. 5thly, puritans and sectaries, though two of them scarcely agree in what they would have haters of government, and would have the king's power extinguished in matters ecclesias tical, and limited in civil. 6thly, male-contents, who look upon the duke with an evil eye, because themselves are not preferred. 7thly, lawyers, who are very fit in parliaments to second any complaint against both church and king, and all his servants, with their customs, antiquities, records, statutes, precedents, and stories. 8thly, merchants and citizens, who deceive the king of custom, 9thly, innovators, plebicola. | hatched a thousand other demands to pull the feathers of royalty. They will appoint him counsellors, servants, alliances, limits of expences, and accompts of his revenues; chiefly if they can, they will now dazzle him in the beginning of his reign. "Lastly, king James and king Charles are the duke's Accusers, in all the aspersions that are laid upon him, King James, for the money destined for the wars in this time, spent in treaties, &c. And his majesty can testify for the things done in his time. And all these, though actions of the king, are unputed to the duke: who, if he sufier for obeying his sovereign, the next attempt will be to call the king to account for any thing he undertakes, which would desire it, doth not prosperously succeed, as all men "If it pleases his majesty to remove and set aside all these disadvantages, he shall find the charge against the duke very empty, and of small moment: and if his majesty and the duke's grace think it no impeachment to their honours, all that the parliament hath objected against the duke, except two or three things that may receive an answer, is pardoned at the king's coronation, which benefit every poor subject enjoyeth." The King's Speech concerning the Duke. May 11. The King came to the parliament, and spake to the house of peers, as followeth : "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 or der for the punishing some insolent Speeches lately spoken. have been too remiss heretofore in punishing such Speeches as concera myself; not that I was greedy of their monies, but 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. And to approve his innocency, as touching the matters against him, I myself can be a witness to clear him in every one of them. 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 you will be as tender of my bonour, when time shall serve, as I have been sensible of yours." And so his majesty was pleased to depart. The Commons' Message to secure the Duke. The same day this following Message was brought from the commons to the lords, by sir Nathanael Rich: heard, I shall not give way to any of their un- The Commons resent the Imprisonment of their The Commons, upon the imprisonment of their Members, and the offence taken by the king at the words spoken by those two gentlemen in impeaching the duke, resolved to proceed in no other business, till they were righted in their Liberties, and ordered, That the house be turned into a Grand Committee presently, to sit and consider of the best ways and means to effect the same, and that no member be suffered to go forth. Sir Dudley Carlton's Speech on that occasion. At which time, sir Dudley Carlton observing that unusual, and as he termed it, sullen silence of the house, made this Speech: "The commons taking into 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 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 high crimes and offences, should yet enjoy his liberty, hold so great a part of the strength of the kingdom in his hands, sit as a peer in parliament, and be acquainted with the counsels thereof, whereby inevitable mischief may sud-being much dismayed by this disaster, as now denly 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's Speech against the Commons. Whereupon, the Duke made this Speech in the Lords House: "My lords; If I should hold my peace, it would argue guilt; if I should speak, it would 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 their opinions not long since, your lordships know it. What I have done since to lose their good opinions, I protest I know not. I cannot so distruct my own innocency, and my heart which abhors guilt, as to decline any course, or court of justice: and had they not brought my-cause to your lordships, it should have been my own work; and they have done me a favour to deliver me out of their hands, into your lordships. 46 "I will not speak any thing to cast dirt at those, who had taken pains to make me so foul; but to protest my innocency in that measure, which I shall ever hope to prove, it being before such just judges. I desire my trial may be hastened, that I may no longer suffer than I must needs. And now that my accuser hath not been content only to make my process, but to prescribe to your lordships the manner of your judgment, and to judge me before I am "I find (by a great silence in this house) that it is a fit time to be heard, if you please to give me the patience. I may very fitly compare the heaviness of this house unto some of my misfortunes by sea in my travels: for as we were bound unto Merseillis, by oversight of the mariners we mistook our course, and by ill fortune met with a sand; that was no sooner over past, but we fell on another; and having escaped this likewise, we met with a third, and in that we stuck fast. All of the passengers we are here in this house for the loss of those two members: at last, an old experienced nariner, upon consultation, affirmed, that the speediest way to come out from the sands, was to know how we came there; so, well looking and beholding the compass, he found by going in upon such a point, we were brought into that straight; wherefore we must take a new point to rectify and bring us out of danger. "This house of parliament may be compared to the ship; the sands to our messages; and the commitment, to the sands that the ship did stick fast in; and lastly, the compass, to the table where the book of orders doth lie. Then, I beseech you, let us look into the book where the orders are, whether the gentlemen did go no farther than the order did warrant them. If they did not, it is fit that we should defend them whom we employed in our behests: but if they have exceeded their coinmission, and delivered that which they had not warrant for, it is just that we let them suffer for this presumption; and this our course will bring us from these rocks. "I beseech you, gentlemen, move not his majesty with trenching upon his prerogatives, lest you bring him out of love with parliaments. You have heard his majesty's often messages to you, to put you forward in a course that will be most convenient. In those messages he told you, That if there were not correspondency between him and you, he should be inforced to use new counsels. Now, I pray you, consider what these new counsels are, and may be: I fear to declare those that I conceive. In all Christian kingdoms, you know that parliaments | putting of the St. Peter of Newhaven out of were in use antiently, by which their kingdoms were governed in a most flourishing manner, until the monarchs began to know their own strength, and seeing the turbulent spirit of their parliaments, at length they, by little and little, began to stand upon their prerogatives, and at last overthrew the parliaments throughout Christendom, except here only with us. "And indeed, you would count it a great misery if you knew the subjects in foreign countries as well as myself; to see them look, not like our nation, with store of flesh on their backs, but like so many ghosts, and not men, being nothing but skin and bones, with some thin cover to their nakedness, and wearing only wooden shoes on their feet; so that they cannot eat meat, or wear good clothes, but they must pay and be taxed unto the king for it. This is a misery beyond expression, end that which yet we are free from: let us be careful then to preserve the king's good opinion of parliaments, which bringeth this happiness to this nation, and makes us envied of all others, while there is this sweetness between his majesty and his commons; lest we lose the repute of a free-born nation, by turbulency in parliament. For, in my opinion, the greatest and wisest part of a parliament are those that use the greatest silence, so as it be not opiniatory, or sullen, as now we are by the loss of these our members that are committed. "This good correspondency being kept between the king and his people, will so join their love and favour to his majesty with liking of parliaments, that his prerogative shall be preserved entire to himself, without our trenching upon it; and also the privilege of the subject (which is our happiness) inviolated, and both be maintained to the support of each other. And I told you, if you would hear me patiently, I would tell you what exception his majesty doth take at those gentlemen that are committed. You know that eight men bers were chosen to deliver the charge against the duke, but there were only six employed for that purpose; insomuch that there was no exception. the Charge against the duke of Buckingham, and shewed my reasons for that purpose, you know how tender sir John Elliot was of it, as if he had been a child of his own, and so careful in the handling thereof by a stranger, that he would not suffer it to be touched, though with never so tender a hand, for fear it may prove a changeling which did manifest, how specious soever his pretences were, that he had oculum in cauda: and I must confess, I was heartily sorry when he delivered his aggravation to the Lords, to see his tartness against the duke; when as he had occasion to name him, he only gave him the title of This man,' and 'The man; whereas the other observed more respect and modesty in their Charges against so great a person as the duke is, considering, that then he was not convicted, but stood rectus in curia. Lastly, for pressing the death of his late majesty, you know that the sense of the house concluded, That it is only an act of presumption; nay, some of them expressly said, Nay, God forbid that I should lay the death of the king to his charge.' If he without warrant from the house, insisted upon the composition of the pla. ter, as if there were Aliquid latet quod non patet;' this was beyond his commission from our house, and this is that which his majesty doth except against; and this I say, drew his majesty, with other insolent invectives, to use his regal authority in committing them to the Tower. 6 The Commons' Protestations touching words imputed to sir Pudley Diggs. Sir Dudley Diggs being charged for saying in the matter of applying the Plaister to his late majesty, That he did forbear to speak further of that in regard of the king's honour,' or words to that effect; there passed a Protestation of every man in particular for himself; and it was ordered in the house, That they that were sick in the town, should have three of the house sent to them to take this Protestation likewise: 6 to that effect.' I protest before Almighty God and this house of parliament, That I never gave coa"As for sir Dudley Diggs his part, that was 'sent that sir Dudley Diggs should speak these the Prologue, and in that his majesty doth con- 'words that he is now charged withal, or any ceive that he went too far beyond his commis-words to that effect; and I have not affirmed sion, in pressing the death of his ever blessed to any that he did speak such words, or any father in these words, That he was commanded by the house, concerning the Plaister applied to the king, That he did forbear to speak further in regard of the king's honour,' or words to that effect; this his majesty conceiveth to be to his dishonour, as if there had been any under-hand dealing by his majesty, in applying of the plaister, and this may make his subjects jealous of his doings: in this point his majesty is assured, that the house did not warrant him. Now, for that which is excepted against sig John Elliot, his over bitterness in the aggravation upon the whole Charge, and specially upon some of the heads of it: for, if you please to remember, when I moved for Sir D. Diggs released out of prison, protests he never spake the Words charged on him. Within few days after, sir Dudley being released out of prison, came into the house, and made Protestation concerning the passage whereat his majesty had taken offence; that speaking of the plaister applied to the body of the late king, he said, He would forbear to speak any further of it, in regard of the king's honour,' he protested, that this was far from his words, and that it never came into his thoughts. And he gave the house great thanks for their respect unto him, and said, that he had received from his majesty a gracious testimony of his satisfaction.' And the king himself signifieth to the house by the Vice-Chamberlain, That he understood, out of some Notes which were taken at the Conference, that sir Dudley Diggs had spoken the words wherewith he was charged, but now was satisfied that he did not speak them, nor any words to such effect: nevertheless, the Duke affirmed to the house of peers, that some words were spoken at this late Conference by sir Dudley Diggs, which so far did trench upon the king's honour, that they are interpreted treasonable; and that (had he not been restrained by order of the house) he would then have reprehended him for the same: he therefore earnestly desired, for that divers constructions have been made of those words, and for that they have been diversly reported, that every one of the said reporters would be pleased to produce their notes taken at the conference. This matter was much debated, and the house of peers often put into a committee, and reassumed again, but they came to no resolution therein. In fine, 36 lords made this voluntary Protestation upon their honours; "That the said sir Dudley Diggs did not speak any thing at the said conference, which did or might trench on the king's honour; and if he had, they would presently have reprehended him for it." The Lord President affirmed, That he had reported the Words in the same sense they were delivered unto him by the party himself, and though the connexion of them require to be explained, yet he agreed with the rest of the lords, for the party's good meaning, and made the same Protestation. Sir John Elliot released out of the Tower. Not long after, sir John Elliot also was released out of the Tower, and sent for to come into the house. Then the Vice-Chamberlain stood up, and by way of explanation of his former speech, said, "That he intended not to charge him, but to give him an occasion to discharge himself. 1st. That all the others had used respective words in the conference; but for the manner of his speech, he conceived it was too tart and harsh to the person of the duke, and that in representing a character of his mind, by comparing him with a strange beast, he had out-gone his commission. 2dly. That contrary to the sense of the house, as if they were ignorant of the return of the ships out of France, he said, They say they are come, but I know it not;' when the house knew it full well. That speaking of the duke, he said, 'That man,' which phrase in all languages, is accounted a great indignity to persons of honour: That he made scandalous comparisons between the duke and Sejanus, and the bishop of Ely, which was likewise besides his charge: That he brake off ambiguously and abruptly with a sentence of Cicero, as it something else might be which was not yet discovered," VOL. II. Sir John Elliot thanked the Vice-Chamberlain for dealing so plainly with him, and giving him occasion to clear himself: and to the particulars charged against him, he answered, 1. Considering the duke's plurality of great and different offices, together with his deceit and frand, in persuading the merchants to go to Diep, there to entrap them; in colouring the designs to the king, which he had plotted to serve against those of his religion; in abusing the parliament at Oxford; and disguising his purpose, as if the ships were to go to Rochel. These particulars being so various, and of such a nature, he called by the name of Stellionatus, from a Lenst discoloured, uncertain and doubtful, that they knew not by what name to call it, or by what colour to describe it; and these he called a character of the mind, because they lie in the heart, and were deceits to abuse the king and parliament. 2. As to his saying, He knew not the ships were come;' he answered, he did not know it then, and as yet he knew it not, though it was true that he heard it. 3. He denied not, that speaking of the Duke, he sometimes used this word, that man,' though at other times he was not wanting to give him his due titles; and said, That the Latines, speaking of Cæsar, called him 'Ille Casar,' and that the same is usual in al languages; nor did he think the duke to be a God. 4. He confessed, That he paralleled him with the bishop of Ely and Sejanus; and though there were many particular censures of that bishop, yet he produced none but such as were within the compass of his charge; nor did he apply the veneries and venefices of Sejanus to the duke, but excluded them. Lastly, touching the Physic of the king, he said, he brake off so abruptly in aggravation of the duke's Of fence, who, not content with the injury of jus tice, the wrong of honour, the prejudice of the state, nor that of the revenue, his attempts go higher, even to the person of the king, making on that his practice in such a manner, to such an effect, that he said, he feared to speak, nay, he doubted to think; in which regard he left it, as Cicero did another thing,Ne gravioribus, &c." It was then resolved on the question, That sir John Elliot hath not exceeded the commission given him in any thing that passed from him, in the late conference with the lords; the like for sir Dudley Diggs, both passed without a negative: the like vote did pass for Mr. Selden, Mr. Herbert, Mr. Glanvile, Mr. Sherland, Mr. Pym, and Mr. Wandesford, who were also managers at that Conference. On May 26, the Lord Keeper having del vered this Message from the king, viz. "That his majesty hath willed him to signify unto their lord-hips, that he doth marvel is meaning in his last Answer, about lord Arundel's imprisonment, should be mistaken: and for the better clearing of his intention, hath commanded him to signify unto their lordships his further Answer, which is, That their lordships last Petition was so acceptable to his majesty that 4. T his intent was then and is still, to satisfy their lordships fully in what they then desired.”— Hereupon it was ordered, That all business be adjourned till that day se'nnight. At the same time the duke of Buckingham signified unto their lordships his desire to have the king's counsel allowed him to plead his Cause: but the lords would not hear him, because they would entertain no business: and so the house was adjourned to the 2d of June. May 15. The lords took into consideration the king's Message, sent to them on the 8th, about allowing the earl of Bristol counsel in his Trial. And, upon some former orders of the house being read, it was agreed, upon the question, That the Lord Keeper should deliver an humble Answer from their lordships to the king concerning the said Message, which was to this effect:-"Whereas his majesty had lately sent to them a Message concerning the allowance of counsel to the earl of Bristol, their lordships had with all duty advised of that busi- | ness, and thereupon did humbly signify to him, that the allowance of counsel to the earl of Bristol was ordered before his majesty's Message to them. And that order, as they conceive, did not prejudice any fundamental law of the realm; for, in the parliament of the 22nd of his majesty's blessed father, a general Order was made touching the allowance of counsel to delinquents questioned in parliament; at the voting whereof his majesty, then prince, was present; and that order extended further than this late one for the earl of Bristol." May 17. The Lord Keeper brought a Reply from the king to the said Answer, viz. "That his majesty had advised of it, and as he considered that himself had recommended this cause to their honour and justice, although he knew that by the fundamental laws of the land, or custom and use of parliaments, coun sel was not to be allowed to a person accused of high treason; yet, since his majesty might at his own pleasure descend from his own right and prerogative; and that it may appear to all the world that his majesty in his gracious goodness, is pleased to allow the earl of Bristol all ways of defence, in a more ample measure than is due unto him by law; he is content, and doth hereby give full licence, that, in this particular case, the earl of Bristol may have counsel, both to advise him, and to speak and plead for him. But whereas their lordships Message put his majesty in mind of a general order, made in the 22nd of his blessed father's reign; he remembered that upon the occasion of the earl of Middlesex's Cause, which was only criminal and not capital, an Order was made in the house, which his majesty never, until now, conceived to extend unto causes capital; and he is well assured, that neither the judges were advised with in making that order, nor his late majesty's learned counsel heard for him; therefore his majesty was not satisfied about that general Order, nor that counsel should be allowed in cases capital, without his license; and would advise further thereof, and then would send again to their lordships touching the general."-Upon the hearing of this Answer from the king, the lords ordered that Mr. Serj. Hedley, Serj. Bramston, Serj. Crawley, and Mr. Anthony Low, should be allowed as Counsel, to speak and plead for the earl of Bristol. The same day, the duke of Buckingham moved the house, to know whether he should answer the whole Charge, exhibited by the Commons against him, or such parts thereof only as their lordships should appoint: also, whether he should answer the Aggravations of the commons, reported to this house? which he was desirous to do, that he might clear all matters therein.-Upon consideration of this, the lords ordered, That those Aggravations should be delivered to the clerk, to be kept by him close from all except the members of this house; and no copies to be given to any but them. Likewise, That the duke of Bucking ham should answer the engrossed Articles of the Charge sent up by the commons, but not the Aggravations; unless, upon perusal thereof, he should find any thing fit to be answered, or that the house think proper for that purpose. And, for expedition's sake, the duke to have the use of the original Aggravations. The Earl of Bristol's Speech, by way of Intro duction, before he gave in his Answer. May 19. The Earl of Bristol was brought again to the bar of the lords; when the duke of Buckingham desired that he might have leave to retire, lest his presence should give some distaste to the earl; and he withdrew himself accordingly. Then the Lord Keeper told the earl, That their lordships did expect his answer unto Mr. Attorney's Charge. Upon which he said, "I am not insensible upon what disadvantages I come to trial in this cause; For first, I am fallen into his majesty's heavy displeasure, and am to encounter with a potent adversary, highly in favour, and am accused for treason; for which, all counsel and friends abandon me, as a man infected with the plague; I am become bound and under restraint; whereas a man who is to encounter for his life and honour, and with a strong adversary, had need to come upon equal terms. "But as to the matter, I mind myself charg ed with divers Articles of High Treason; but looking into them with the eyes of my best understanding, with the opinion also of my counsel lately assigned me, and taking them apart one Article from another, I find not any thing in them like treason, or that hath so much as the show or countenance of a fault, either in act or words: only by laying all things together, and by wresting the wrests with a strained construction, directly contrary to the true sense and meaning of them, and the occasion whereupon they were spoken, it is informed, and that by way of inference only, That the intent was evil, and the matter to prove the intent to be evil, depends upon two props, viz. Ill affection |