Pagina-afbeeldingen
PDF
ePub

June 13. The lord Conway put their lordships in mind of several Articles delivered to them by the earl of Bristol against himself, the 1st of May last; and besought the lords that he might then give in his Answer to the same; which being granted, it was read in hæc verba: "The ANSWER of the Lord CONWAY to the ELEVEN ARTICLES, delivered against him into the Upper House of Parliament by the Earl of BRISTOL, the 1st day of May. (See p. 1290.)"

appears upon the proofs. The 2nd, for that if | acknowledge infinite obligations to the duke, they should declare his cause to be Treason, for his favours freely conferred upon him; then his testimony against the duke of Buck-which he was ever, as he is yet, ready to testify ingham would be weakened, and the lord by all due attributes and expressions: but for keeper having read the 2nd, 3rd and 4th orders the lord Conway to have acknowledged this in also, the earl of Bristol gave their lordships those terms, had been to have forgotten what he humble thanks, and so was withdrawn. owed to his gracious master of glorious meThe Lord Conway's ANSWER to the Earl of mory who when he gave him the seals, in the presence of divers lords of the council (the Bristol's Charge against him. duke being also present) told him, and took the duke to witness, that it was his own proper choice to make lord Conway his secretary: yet it may well be when our new gracious king and the duke were in Spain, bis late majesty having commanded the lord Conway to write, that they both might know it, that he had appointed patches from thence and return the answers, him only to be secretary to receive the disthat he might then write to the duke that he was his secretary: and as to the beginning of the lord Conway's letters, with Gracious Patron, which the earl of Bristol is pleased to note, it is true that, ever since the king gave him the creation of duke (which carries the style of grace) the lord Conway hath given him that title, with the addition of patron: with as true and plain a heart as it is given ordinarily in other countries, without particular intention or meaning: and the first time that ever the lord Conway gave the style, was, when his late majesty told him, he must in his letters give the duke the style of grace; and that this letter he showed to his majesty and 20 others of the same style, and his majesty neither reproved it nor forbid it.

"I. To the First Article he saith;-He doth acknowledge to owe a great deal of respect, love, and service, to the duke of Buckingham; and doth well remember that a worthy gentleman did invite him to endeavour the reconciliation of the earl of Bristol with the duke; to which also he made answer, That he bad both affection and readiness to do all the good offices in his power, and that for the general duty which every man oweth to the works of reconciliation, and for other special motives, as being born in one and the same county, of long acquaintance, nothing having ever passed between the persons of the earl of Bristol and "III. To the Third Article he saith ;--That the lord Conway, but demonstrations of good- it is a scandalous Article without foundation; will, and an interest of blood being betw.en and that the lord Conway never did any thing the lord Conway's children and the earl, ac- to keep the earl of Bristol from his late majesty's knowledging withal many lovely parts and presence, but by express commandment from powers in him and it is not unlikely but the his majesty which, as he was secretary, he con ford Conway might say, (according to the in-ceives to be sufficient warrant. genuous freedom which he useth and cherisheth in himself) that if things should not be reconciled, but break out into opposition between the duke and the earl, he must then declare his greater love to be to the duke than to him; but this the lord Conway limited to their particular per-ons, and hopes it cannot, by any justice, be interpreted to stain him as he is a public minister, a magistrate, or a peer of the realm. All offices and obligations, in those respects, he owes to God and the king, but to no subject; and doth profess and is confident he hath paid them hitherto; and hopes in God to continue so with unblameable integrity.

"II. To the Second Article he saith,-That the artifice the earl of Bristol useth, in mingling truth with untruth, makes it hard to clear it without much prolixity; which the lord Conway thinks this Article not worthy of, comparing it with the honour and reverence he owes to this great and noble council; yet, by your lordships good favours he gives it this Answer, That he verily believes he never wrote in those terms of being a secretary by the duke's creation; although he never was, nor is, unapt to VOL. II.

"IV. To the Fourth Article he saith;-This is in all a scandal; and in one part unthankfully and untruly wrested; for Mr. Grisley, coming to the lord Conway under the pretext of faith and confidence, for advice, to know of him whether it might be safe for his lord, upot consideration of several restraints and leaves, to come to London to follow his business; hereupon the lord Conway answered him in the presence of God (as a man that would not betray another to save his own head) that he thought he might not safely come without leave from his majesty; but this advice he gave as a friend, not as a secretary, nor any way from his majesty or in his name.'

"V. To the Fifth Article he saith ;-He denies the Charge in general; and, for that part, touching his speaking with the duke, he remembereth that the earl of Bristol did in the postscript of a letter, desire him to move his majesty in that point; but the lord Conway conceiving the state of affairs to stand so between the carl and the duke, that good respect required that an office of grace to the earl should not pass without the knowledge of the duke, it 42

is possible he might stay the opportunity to acquaint the duke; it being no part of his duty to his master of glorious memory, but a thing free in the choice of him, the lord Conway, to do or not, and further, the lord Conway doth verily believe, that he was informed that it was the desire of the earl that the duke should be made acquainted with it.”—To the rest of the Article he answereth, "That it gives him, the lord Conway, the first notice of any displeasure taken by his late majesty against him, for not moving him; or that he should call the denying the earl leave a barbarous act: and the lord Conway denies that he retarded the leave from his majesty; but so soon as he received the warrant, he obeyed it, without any clause or limitations more than the king commanded;, and that be delayed not the dispatch of it.

warrant nor matter to proceed farther upon. The lord Conway knows of no artifice of the duke of Buckingham, to the ends mentioned in this Article; nor was ever made acquainted with, or believes there was any: and, for, himself, when the supposed articles are made appear, as is undertaken, the lord Conway will be ready to make his just Answer.

"VIII. To the Eighth Article he saith ;He never knew or heard of any such solemn protestation of the king, touching the admitting of the earl of Bristol to his presence; but his late majesty told the lord Conway, That there was a further Charge to be laid against the said earl, which, perhaps, the lord Conway might accordingly write unto him: the king never gave the lord Conway directions for any further charge, but moving his majesty upon some solicitation of the earl of Bristol, his majesty was pleased to answer, that the earl was upon other ways and solicitations; by which the lord Conway took himself to be discharged of that business, and, perhaps, auswered the earl of Bristol so.

" VI. To the Sixth Article he saith;-It appears by the earl of Bristol's acknowledging that he was directed to the lord Conway for his business, that the king had not found any fault | in the lord Conway's bandling of the earl of Bristol's occasions, as is alledged in the 5th Article and for the lord Conway's refusing to do "IX. To the Ninth Article he saith;-He any thing without the duke, it is true that the knows not what passed from the earl of Brisduke being so far engaged by the relation betol to his majesty or from his majesty to him, made to both houses of parliament, in the presence, and with the assistance, avowal, and testimony, (in many things) of the then prince, now our gracious king: his late majesty commanded the lord Conway that nothing should be moved or done in the earl of Bristol's business, without the knowledge of the duke.

by the duke's hand; but for his majesty's letter, which the lord Conway acknowledgeth passed through his hands, there was nothing inserted but by the king's directions; and the letter read, approved, and signed by his majesty: for the latter part of this Article, the lord Conway refers himself to his Answer to the 4th Article, where the same charge is laid against him.

"X. To the Tenth Article he saith ;--That the Treaty for marrying the king of Bohemia's cldest son with the emperor's daughter, and bringing him up in that court, was handled by the lord Baltimore; and the lord Conway had never any part in that treaty, nor knew that his majesty gave consent to it, or advised it; but on the contrary, be ever understood that his majesty was against the breeding of the young

“VII. To the Seventh Article he saith ;-It is true that Commissioners were appointed for forming the Charge against the earl of Bristol, in sundry articles; which were the longer in handling by reason that some of the committee were at London, for occasion of the king's service, and the lord Conway tyed to attend the court; yet the lord Conway did come expressly to London, to attend the committee, to give that business the greater expedition: and doubteth not but the commissioners will witness that the lord Conway did shew all manner of rnce in the emperor's court; and ever said, forwardness to give speed to that work : and as That he would take upon him the care of his touching the king's promises, the lord Conway breeding: but the lord Baltimore giving an acknows not any thing of them, but he well knows count of that treaty, by his letter to his majesty that the king bestowed the reading of all the then at Newmarket, and there being then a Charge, and Answers, both at large and in dispatch going for Spain, I is majesty commandbrief, as they were made by the earl of Bristol ed the lord Conway to send that dispatch trom and directed to is majesty; and doth verily te lord Baltimore, in the packet to the earl of believe that it the earl of Bristol's Answers had Bristol, which is all the lord Conway had to do been so full as to have admitted no reply. in it; and the lord Baltimore being a party in his majesty would have presently put an end the treaty, and a commissioner in rining the to the earl's business; especially it he had pro-Chorge against the earl of Bristol, the earl may mised it, as is alledged. Touching the commissioners Declaration, the lord Conway never heard any one of them declare himself satisfied; and the earlf Bristol's Answers being given to the king, it was in his majesty's heart and pleasure to give directions; which, if the lord Conway had ever received, he would have obeyed them; but the commissioners had done their work in forming the Charge; and for ought the lord Conway knows, had neither

as well take exceptions against him and the rest of the commissioners, as against the lord Conway for that part of the Charge: but the earl of Bristol is not charged for conforming himself to his majesty and his proceedings here, in that point; but further, for moving it, and carry ng it in such a fashion in Spain, as sir W. Aston told him, He durst not consent to it for his head:' For the late letter from his majesty, the lord Conway answereth, That he did nothing

therein but by direction from his majesty and by his majesty's own words or pen.

"XI. To the Eleventh Article he saith ;That he never sent any dispatches to the earl of Bristol into Spain, without his majesty's directions, and first shewing them unto his majesty and receiving his approbation and warrant of them; whose judgment would not have let dubious or entrapping directions pass him without reformation; and if the earl be charged with any thing more than the directions import, the dispatches will clear that: but the lord Conway conceives that the cause of the earl of Bristol's troubles proceeds, truly, from his own large promises on the behalf of Spain and the emperor, and the little grounds the effects shew he had for drawing of his majesty into so deep and disadvantageous engagements.- -The lord Conway having thus made a true and clear Answer to the several Articles exhibited against him, he humbly leaveth the same to your lordships grave consideration; reserving to himself, as well all just advantages against any part of those Articles in the varieties and contradiction of the Charge; as also, the supply of any thing in these his humble Answers that may be defective in point of form; or which, by further instance, or doubtful interpretation, may require a clearer explanation."

This Answer being read, it was ordered, "That the earl of Bristol may reply thereunto if he pleases."

June 9. The Commons dispatched the Chancellor of the Duchy to the lords, to desire a copy of the duke of Buckingham's Answer, that, upon consideration thereof, a Reply might be made by them, with as much speed as possible. The lords said, That they would take this Message into consideration with all speed. Hereupon the Duke stood up, and declared, "That for the better clearing of his honour and fidelity to the state, in that part of his Charge which is objected against him by the 7th Article, he hath been an earnest and humble suitor to his majesty to give him leave in his Proofs, to unfold the whole truth and secret of that great action; and hath obtained his majesty's gracious leave therein; and accordingly doth intend to make such open and clear proof thereof, that he nothing doubteth, but the same, when it shall appear, will not only clear him from blame, but be a testimony of his care and faithfulness, in serving the state."

June 10. The copy of the duke's Answer was brought down to the commons, by Mr. baron Trevor and sir C. Cæsar; and they further signified, "That the Duke had made a request to their lordships, which they, also, recommended to this house, that the commons would proceed, with all expedition, in their Reply to this Answer; that so they might go on with business of much higher concern."By the further proceedings on the Journals, the Commons seem to have fallen upon the consideration of the duke's Answer immediately; though nothing is particularly entered

about it.-This second parliament the King thought proper abruptly to dissolve on the 15th of June, notwithstanding the House of Lords had with great humility and earnestness laid before his majesty their Advice "To continue this parliament, by which" say they," those great and apparent dangers at home and abroad, signified unto us by your majesty's command, may be prevented, and your majesty made happy in the duty and love of your people, which we hold the greatest safety and treasury of a king; for the effecting whereof, our humble and faithful endeavour shall never be wanting."

Saunderson, in his Life of Charles 1, says, that the king's words to the lords, who came to intercede for a longer sitting, were, 'No, not a minute! And that on the very day the parliament was dissolved, the earl of Arundel was confined to his house, and the earl of Bristol committed to the Tower by the king's order.

Rushworth has given a copy of a Remonstrance, which, he says, the commons intended to have presented to the king; as also another of a Declaration from his majesty containing his Reasons for the Dissolutions of this and the foregoing parliaments. They are inserted also in 2 Cobb. Parl. Hist. pp. 194 et seq.

[ocr errors]

These Impeachments were put a stop to by the dissolution of the parliament on the 15th

In the year 1791 it was resolved, in the case of Warren Hastings (infra), that a Parliamentary Impeachment was not determined by a dissolution of parliament. Besides the long discussions, which this question then received in parliament, it was at the same time much agitated in print. See "An Examination of Prece dents and Principles, from which it appears that an Impeachment is determined by a Dissolution of Parliament, &c. by Edward Christian, esq.” published in 1791. A Dissertation, shewing, &c. and containing some farther Observations on the effect of a Dissolution of Parliament, upon an unfinished Impeachment," published by the same gentleman in the following year. "State of the Question, how far Impeachments are affected by a Dissolution of Parliament," 1791. "Series of Letters to the Right Hon. Edmund Burke, in which are contained Inquiries into the Constitutional Existence of an Impeachment against Mr. Hastings, by the Hon. George Hardinge, esq." 1791; and, “A Review of the Arguments in favour of the Continuance of Impeachments, notwithstanding a Dissolution, by a Barrister," 1791. The last of these publications was said to be written by the hon. Spencer Perceval, who was afterwards successively Solicitor General and Attorney General, and is now (May, 1809) Chancellor of the Exchequer and Chancellor of the Duchy of Lancaster. It is written with very great clearness and strength of argument, and relates the History of Parliamentary Impeachments, affecting the point in question, in a most interesting and impartial manner. The great distinction between legislative and judicial

June 1626, being exactly one week after the Duke had put in his Answer. Such an interference on the part of the king to prevent (and that at the expence of four Subsidies and three Fifteenths, which the Commons had voted without perfecting the Bills for them, and of which the king had very great need) an investigation of the matters imputed as crimes to the duke of Buckingham-one of those matters being the death of the king's father—was unquestionably an act of the greatest indecency and folly. Hume, after Franklyn, says, that "the king thought Buckingham's great guilt was the being his friend and favourite," and he tells us that all the other complaints against him were mere pretences." The most malevolent rancour could scarcely have devised a measure more hurtful and more injurious to the character of an innocent friend and favou- | rite, than the king's violent interference to prevent an examination into the conduct of Buck

[ocr errors]

ingham, upon such charges as those alleged against him, and before such a tribunal as the house of lords in the year 1626. "Shortly after," says Rushworth, an information was preferred, by the king's special command, in the Star-chamber, against the duke of Buckingham, for high offences and misdemeanors; wherein he was charged (amongst other things) with the particulars mentioned in the last Article exhibited against him by the house of commous, concerning the plaister applied to king James. To which the Duke put in bis Answer, and divers witnesses were examined. But the Cause came not to a judicial hearing in the court."

Whitelocke's account, as usual of matters during this period, is merely (Memorials, p. 7) an abridgement of Rushworth. Bishop Ken nett expresses himself thus: "Soon after, an information was preferred by the king's special command in the Star-chamber, against the duke of Buckingham for high offences and misdemeanors, and in particular for the plaister applied to king James, according to the last Article preferred against him by the commons. The Duke put in his Answer, and divers witnesses were examined. But it came to no judicial hearing, and was therefore suspected to be an evasion of justice rather than a prosecution of it." And in the margin he puts, "A sham information against the duke of Buckingham in the Star-chamber."

In March, 1628, the king called a third parliament. The commons soon directed their

attention to the duke of Buckingham. They voted that Buckingham's excessive power was the cause of the evils and dangers to the king and kingdoin. On the 13th of June they voted a Remonstrance to his majesty for the purpose of obtaining the removal of Buckingham from his othices, and from the king's councils and person. On June 26th, parliament was prorogued; and, on Aug. 23d, the Duke was killed by Felton, who seems to have been stimulated to this act by the Votes of the bouse of commons. See 1 Rushw. 638. May, Book 1, p. 10. Whitl. Mem. 11. See also Feiton's Case, post.

The following free epistle of advice from James Howell to the duke of Buckingham is in "Howell's Letters." It has been already observed in lord Bacon's Case, that the dates printed to the letters in that book are not to be depended on :

To my Lord Duke of Buckingham's Grace at
Newmarket.

"May it please your grace to peruse and pardon these few advertisements, which I would not dare to present, had I not hopes that the goodness which is concomitant with your greatness, would make them venial.

"My lord, a parliament is at hand; the last was boistrous, God grant that this may prove more calm: a rumour runs that there are clouds already ingendered, which will break out into a storm in the lower region, and most of the drops are like to fall upon your grace. This, though it be but vulgar astrology, is not altogether to be contemned; though I believe that his majesty's countenance reflecting so strongly upon your grace, with the brightness of your own innocency, may be able to dispel and scatter them to nothing.

[ocr errors]

My lord, you are a great prince, and all eyes are upon your actions; this makes you more subject to envy, which like the sun-beams beats always upon rising-grounds. I know your grace hath many sage and solid heads about you; yet I trust it will prove no offence, if out of the late relation I have to your grace by the recommendation of such noble per sonages, I put in also my inite.

times of action, requires one whole man to execute it; your grace hath another sea of busi

My lord, under favour, it were not amiss, if your grace would be pleased to part with some of those places you hold, which have least relation to the court; and it would take away the mutterings that run of multiplicity of offices; and in my shallow apprehension, your grace might stand more firm without an functions, as affected by dissolutions and proro-anchor: the office of high-admiral, in these gations, is established in it on the grounds of principle of analogy and of authorities; and it is fully proved as a most indisputable proposi-ness to wade through, and the voluntary retion of clear constitutional parliamentary law, that Impeachments do not abate upon a dissolution of parliament. It may be noticed, that Mr. Selden's Speech, cited farther on in the text, seems to treat the continuance of an Impeachment, notwithstanding a dissolution, as an undisputed point.

signing of this office would fill all men, yea, even your enemies, with admiration and affec tion, and make you more a prince than detract from your greatness. If any ill successes happen at sea (as that of the lord Wimbledon's lately) or if there be any murmur for pay, your grace will be free from all imputations; be

sides, it will afford your grace more leisure to look into your own affairs, which lie confused and unsettled. Lastly, (which is not the least thing) this act will be so plausible, that it may much advantage his majesty in point of subsidy.

opinion of virtue and wisdom: I know your grace doth not (nor needs not) affect popularity. It is true that the people's love is the strongest citadel of a sovereign prince, but to a great subject it hath often proved fatal; for he who pulleth off his hat to the people, giveth his head to the prince; and it is remarkable what was said of a late unfortunate earl, who, some set hours for audience and access of a little before queen Elizabeth's death, had suitors; and it would be less cumber to your-drawn the axe upon his own neck, That he self and your servants, and give more con- was grown so popular, that he was too dantent to the world, which often mutters for difficulty of access.

"Secondly, It were expedient (under correction) that your grace would be pleased to allot

"Lastly, It were not amiss that your grace would settle a standing mansion-house and family, that suitors may know whither to repair constantly, and that your servants, every one in his place, might know what belongs to his place, and attend accordingly: for though confasion in a great family carry a kind of state with it, yet order and regularity gains a greater

[ocr errors]

gerous for the times, and the times for him.' "My lord, now that your grace is threatened to be heaved at, it should be bove every one that oweth you duty and good-will, to reach out his hand some way or other to serve you: among these, I am one that presumes to do it, in this poor impertinent paper; for which Í implore pardon, because I am, my lord, your grace's most humble and faithful servant, J. H. London, 18th Feb. 1626."

126. The Case of GEORGE ABBOT, Archbishop of Canterbury, for refusing to licence a Sermon preached by Dr. Sibthorp, in order to promote the Loan, and to justify the King's imposing Public Taxes without consent of Parliament: 3 CHARLES I A. D. 1627. [1 Rushw. Coll. 422-431.]

don, who did approve thereof, as a Sermon learnedly and discreetly preached. It was dedicated to the king, and expressed to be the doctor's meditations, which he first conceived upon his majesty's instructions unto all the bishops of this kingdom, fit to be put in execu

KING Charles finding himself much straitened by not obtaining the four Subsidies and three Fifteenths voted to him in his second parliament, which he rashly dissolved before the bills for raising that supply were perfected, endeavoured, as is well known, to relieve his necessities by means of forced loans from his sub-tion, agreeable to the necessity of the times; jects (many curious details concerning which are to be found in Rushworth). For the advancement of this project, one Dr. Sibthorp, (who appears to have been an eager seeker of preferment by an injudicious bustling course in recommending the measures of the court), published in print a Sermon preached by him at Northampton, February 22d, 1627, at Lent assizes, intituled, Apostolical Obedience.' This book was licensed by the bishop of Lon

[ocr errors]
[ocr errors]

and afterwards brought forth upon his majesty's commission, for the raising of monies by way of loan. His text was, Rom. xiii. 7, Render therefore to all their dues.' Among other passages he had this, And seriously consider how as Jeroboam took the opportunity and breach betwixt Rehoboam and his subjects, to bring idolatry into Israel; so the papists lie at wait, if they could find a rent between Our sovereign and his subjects (which the Lord *This matter is thus mentioned in Kennett: scope of it was to advance the Loan, and to "Another great unhappiness was this; the bi- justify the king's imposing public taxes with shops at the king's request were most of them out consent of parliament; and to prove that zealous to promote this Supply of the public the people, in point of conscience, were bound necessities; and earnestly pressed their clergy to submit to the regal will and pleasure. For to contribute their best assistance in it. Hence, which he was afterward called in question, and some were more officious than became their censured by the parliament: But yet he gained function in such a secular affair: And others his ends at court, being made Chaplain in Orwere so indiscreet as to make it a doctrine of dinary to his majesty, prebendary of Peterbotheir pulpits to urge the duty of answering rough, and rector of Burton Latimers in Northwhatever the king demanded. In particular,amptonshire; from which he was ejected in Dr. Sibthorp, vicar of Brackley, preached upon this subject at Northampton on Feb. 22, 1627, at the Lent assizes; and having his Sermon licensed by the bishop of London, he published it under the title of Apostolic Obedience,' with a Dedication to the king. The whole

[ocr errors]

the Civil Wars, and enjoyed them again at the Restoration, dying in April 1662. One who speaks most favourably of the royal party, says, He was a person of little learning, and of few parts, only made it his endeavours, by his forwardness and flatteries, to gain preferment."

« VorigeDoorgaan »