the commons, that the same day they ordered,
"That Mr. Speaker, in the name of the house,
shall give thanks unto Mr. Pym for his so well
performing the service he was employed in by
the commands of this house at this conference.
And it was farther ordered, That Mr. Pym be
desired to put the Speech he made at this
conference into writing, and to deliver it into
the house, to the cnd that it may be printed." |
This was done accordingly; and from the edi-
ion so published by order of the house, the
above is taken.

Exceptions to Words spoken by the Duke of Richmond.] Jan. 26. The lord keeper havng reported the foregoing conference, a moion was made for joining with the commons a petitioning his majesty about putting the orts and Militia of the Kingdom into safer ands, &c. upon the new Reasons offered at he said conference. This occasioned a long ebate, the house being in a committee; when, eing resumed, some lords desired the house ight be adjourned, to which the duke of Lichmond answered, "Let us put the queson, Whether we shall adjourn for six months?" hich words the house taking exception to, the uke explained himself, "That he did not peak these words positively, but meant that e house might be adjourned as well for six onths, as to a time not limited." But this ot satisfying, the duke withdrew; when, after me more debate, the question was put, Wheaer it shall be sufficient satisfaction to this ouse, That the lord duke of Richmond shall ome to his place, and make an humble subission, as an acknowledgment that he hath fended the house in speaking these words considerately and unadvisedly; and that he ad no intention to have the house adjourned ir six months, and that he craves their lordhips pardon for it?" It was resolved in the Mirmative.

effect: "That there was a general report of an accusation intended against her, but she never saw any Articles in writing; and having no certain au hor either for the one or the other, she gave little credit thereto : and much less now, being assured from the house of commons, that never any such thing came into their thoughts; nor will she believe they would lay an aspersion upon her, who lath ever been unapt to misconstrue the actions of any one person, and much more the privileges of parliament; and shall, at all times, wish a happy understanding between the king and his people." Ordered to be communicated to the commons; but in their Journals is this Addition to the former Message; "Upon better recollection of myself, I do confess and acknowledge to have been mistaken in reporting what was delivered me, on discourse with some member of the house of commons; and am most heartily sorry for it; beseeching, with all humility, the pardon of the honourable house of commons, for that my great mistake."

The Commons charge the Duke of Richmond with being a Malignant, and an evil Counsellor to the King.] Jan. 29. A message came up, also, from the commons, brought by sir Peter Wentworth, desiring a conference, touching the duke of Richmond.* The lords fixed upon a present meeting; when, being returned from it, the lord keeper reported the substance of it to this effect:

"That Mr. Glynn said, He was commanded by the house of commons, to acquaint their lordships with what information had been given to them about the said duke. 4. That he did write unto the town of Hithe, to chuse one captain Wimberley to serve for one of the barons there in this parliament, but he was not chosen. A letter was produced, wrote by one of the duke's officers, said to be by his grace's direction, to prove this: as also, another to Protest thereupon.] Against which the follow-capt. Collins, deputy lieutenant, directed to ng Protest was cutered: "That, in respect the Words spoken by the duke of Richmond tended uch to the prejudice of the king and kingom, we do protest against this vote, as not afficient punishment for Words of that dan erous consequence: Northumberland, lord Admiral; Bedford, Essex, Pembroke, Suffolk, Lincoln, Leicester, Warwick, Holland, Bolingroke, Stamford, Conway, Wharton, Paget, Hunsden, Chandois, St. John, Spencer, KymDolton, Brooke, Grey de Werk, Roberts, Howrd de Escrick, Willoughby de Parham."

The Queen's Answer concerning a Report hat the Commons intended to accuse her of High Treason.] Jan. 27. The earl of Newport reported to the lords the Queen's Answer to the Message sent to her, concerning a report of esign to accuse her of High Treason, to this

a

Lord Clarendon says, "The motion for he adjournment was made by some of the Protesting Lords, who were not willing the matter of the Militia should then come into bate."

the mayor and jurats of Hithe, for the re turn of the said election. 2. Mr. Perd, a member of the house of cominous, informed that house. That whilst the affair of Mr. Percy and Mr. Jermyn were before the house, and before their offences were declared high treason, one Mr. Scroop, the duke's steward, came to him, and, in his master's name, desired Mr. Perd to forbear to press the matter concerning those gentlemen; athirining, that it would be an acceptable service, and would do him good. Which last words Mr. Perd construed to mean, that the king and queen would take notice of it as an acceptable serv ce. This ha would not say positively, but he believed it, &c. 3. That, by a copy of a record then in their house, it did appear, that the duke of Richmond did, on the 26th of Jan, instant, de-. sire that the question might be put for the adjournment of the house of lords for six months. Upon the whole, the house of cinmons passed

* James Stuart, duke of Lenox in Scotland, a near relation to the king.

this vote, That they had sufficient cause to ac- house of commons, and their ill opinion of me, cuse the duke of Richmond as one of the Malig (which I judge by their vote) is a greater cross nant Party, and an evil Counsellor to the King, than any that hath yet befallen ine: but I hare for these reasons; 1. That he endeavoured to this comfort, that as the house of commons have such members chosen as he should naine; have passed this vote, and made these requests and his way of menacing afterwards shews an upon me without hearing my defence; so that, intention to overthrow the freedom of election, when your lordships shall hear my clear and and making a party in parliament. 2. That ingenuous Answer, you, I hope, will be so fir he endeavoured to corrupt the members of the from joining with them in any such request to house of commons after they were elected, his majesty, that I shall presume to be m even in matters of the highest nature; for sup- humble suitor to your lordships to clear my is port of the delinquents that were in question nocence to the house of commons; and to st for endeavouring to bring the army upon the me right in their good opinion; which I mach parliament. 3. The motion made in the house, desire; who, I doubt not, are so just as to a if effected, would certainly be the loss of Ireland, quit or condemn, according as the cause sh and hazard the ruin of this kingdom; there appear unto them.-And to your lordships! being distractions at home, and imminent danger afrin, by all that may procure belief, the in Ireland, and no way to help both but by par I did never malign the prosperity and happines liament; which, if it had been adjourned, in of the king, kingdom, or parliament; my consequence that necessary and good act, for terest in all may be some persuasion to justi the continuance of this parliament, would have what I say; or did give the king, muy mast, been ineffectual. Upon all which the house of any council whatever, but what, in my cer commons desire their lordships forthwith to join heart, I conceived to tend to the advancement with them to petition is majesty, That the of his honour, and maintenance of the publi duke may not have any access to the persons or good of the kingdom; the union of the Li courts of the king or queen; and that he may and his people cach to the other, and a righ be removed from all offices and places of public understanding and correspondence betwee trust. And that this may be done with all him and his parliament; and, from my hea speed, in regard of the great places of trust and I cannot but declare against any, if there be confidence he now holds."-Mr. Glynn conany, of a contrary opinion.-So far am I fru luded with telling their lordships, "That it a thought of prejudice to the kingdom of he was the care of the house of commons to pre-land, that I would rejoice as much to see the vent the evils that hang over our heads; and Protestants there settled in peace and the they can do no less, in regard to the duty they possessions, the Protestant religion there est owe to the king, who has called them as his lished, the rebels there suppressed, and the council; to their country that hath intrusted kingdom reduced to obedience, as any of t them; and, lastly, they do it to satisfy their majesty's subjects, and be as ready to joi own consciences. They say they saw the stone giving assistance to effect it; for I crave lese that hit them, but could not discover the arm to let your lordships know, that I have, sone that threw it. They say they wash their hands mouths since, sent into Ireland, of my own, of the ill consequences of these things, and barrels of powder, 120 muskets and pikes, lay it at their lordships door." corslets and head-pieces, besides match bullets, both for great orduance and muskets, to Colinore castle, for the defence of that, Lat donderry, and the country about it; and I 200 sterling in my agent's hands, for defra ing the charge of transporting those thing But to apply myself to the particular reas of the Charge against me; it rests upon truth of the fact, and your lordships judges of it, either to acquit or condemn me, which shall wholly submit to. I must crave lordships pardon for giving any Answer st to the third Reason, touching what passed from me in this house; as well in respect privilege of this house, where things of the nature, as I conceive, are to be questioned; for that your lordships have already taken the same into your consideration, and I have dergone and performed your lordships cens thereon before this accusation. I know not seem just to your lordships, that I should be in a worse case than any other subject, receive a double punishment for one and same offence; and I know your lordships ca not but conceive it to be of more than order? consequence in the precedent.—For the uter,

This report being ended, the duke of Richmond stood up, and made his humble desire, "That he might have a copy of the beads of this Information against bin; and that he be al lowed some short time to give in his Answer." The lords agreed this, and ordered the 31st instant, for that purpose.

The Duke's Speech in his own Defence.] Jan. 31. The duke of Richmond brought in his Answer to the Charge against him from the commons, which his grace, standing in his place, read in these words:

"My Lords, I take it this vote of the house of commons, which to me must prove very heavy, if it light upon me, is grounded on you these three Reasons."—Then his grace repeated the substance of the three Articles brought by the commons against him; and proceeded thus:"Upon these three Reasons the house of commons have desired your lordships to join with them in petitioning his majesty, That I might not have any access to the persons or court of the king and queen, &c. This is the Charge. Though these requests, if put in execution, would much afflict me; yet the sense of the

the

of the

barons elected, I was informed from the port of Sandwich, that some had given voices in their election who received alms from the town, with some other questions about elections in other places, particularly Rye, for which I was

shall give your lordships a distinct Answer. must beg your leave to deny some things hich have been charged upon me; but shall genuously confess whatsoever I know to be a ith, touching these things, how prejudicial ever it may prove to me; and rely more up-informed there was a petition in parliament; my own innocence, than to defend myself and because I might be able to give an account denying a truth, or defending what is not touching all these elections, if occasion were, . Magna est veritas et prevalebit.' I wish I wrote to all the ports in general, to be certified may do so in what concerns me. Regnet how the elections went by the poll; that stitia et ruat Cœlum.-I conceive the Proof is, to know how many voices went for the one, the first Reason, inducing the house of and how many for another; but for their mmons to believe an intention in me to over- names, I wrote not, though I had ground row the freedom of election, and make a enough given me by the complaint of Sandwich; rty in parliament, is upon the information of and, if captain Collins, upon this letter of mine, Henry Hayman, That I did write to the have been too exact, I hope that shall not turn vn of Hithe to chuse one captain Wimberly, to my prejudice or his, since there was no ill serve for one of the barons there, in this intent, nor hath been any ill consequence from sent parliament, but he was not elected. it: for this I affirm, confidently, to your lorde gentleman that gave the information I do ships, That not one elector, in any of the ports, t know; but it is true in this; and if it be was ever menaced or ill used by me, or my di offence, I shall be so far my own accuser, rection. I cannot be disproved in this, and it I have here brought a true copy of that your lordships will hardly believe I wrote to ter which I sent to that port, with a witness, captain Collins out of any intention of revenge; o is without, to attest it. Other recommen- when, by the same letter, I desired to be certition, than by that letter only, I never made fied of the poll in all the ports, as well where that town, but I was so far, before this ac- the party recommended by mne was elected, as sation, from thinking it an offence, that I where he was not.-This is the whole truth, fess to your lordships I wrote the like letter and my Answer touching that business; and if other places, within the jurisdiction of the it be an offence to write a letter to recommend ts; and I was informed, That the warden a gentleman for an election, yet, I hope, it will the Cinque Ports had, in all times, done the not deserve so severe a punishment. Sure I e. But this being no more than a bare re- am I never understood it an offence; for, if I mmendation, their choice was left free, and had, I should not have done it myself, or besome of those places my request prevented, lieve it to be generally done by others, who, I some not: But I had never so much as a hope, will never come in danger of punishment ught of ill against any who gave his vote for it. And now, before I go to the second ainst the party recommended; and will Head, I desire your lordships to hear the letzard ny honour and fortune, that no man ters, and the witness upon the occasion of u affirm that Lever gave them the least check them.”—Then the Letter to the Mayor and on this occasion.-For the Copy of the Letter Jurats of Hithe was read, with their Answer to itten by captain Collins, suggested to be one his grace, which contained much the same as my officers, and signified to be by my direc-is expressed in his Defence; as did, also, the ns; I confess that captain was deputy of the utenancy of Dover castle, which is onder my mmand; but whether the captain wrote such letter to the port of Hithe, I know uot; but is I know for certain, that my directions imorted not so much; and I hope your lordships not think it just to charge me with a high ime, drawing on so heavy a punishment, for hat an under-officer shall do without my owledge. Yet, in this, I will not conceal he tittle of truth; for it is true I did write to aptain Collins, and shall shew your lordships e very letter itself, which I have sent for nce your last sitting; and when I have told our lordships the occasion, which I shall make od by proof, I am confident you will find it r from a crime. It was this: I being warden f the Cinque ports, and the writ of summons f parliament directed to me, I make warrant the several ports, for election of their barons; hich, when done, they return them to me, nd I return them with the writ of summons. Now, I having made warrants, accordingly, to he ports, and eceived and returned their

Letter to captain Collins, in relation to the sending up the Polls of all the ports. Then the duke proceeded:-" The second and only thing to be now answered, is, The endeavouring to corrupt the members of the house of commons, after they were elected, for support of delinquents. The offence which is charged, I am confident your lordships will not find me guilty of; all the instance of proof is only upon a message pretended to be delivered to one Mr. Perd, a member of the house of commons, by my steward, who is my cousin, Adrian Scroop; and some speeches and gestures of mine to Mr. Perd, some time after that message. I know your lordships will not take this upon an implicit faith, that it is true, because it is charged against me. But I must crave your noble justice, as a free subject as well as a peer, to be judged secundum probata as well as allegata; and, notwithstanding this misfortune which is fallen upon me, I hope you believe I will not tell you an untruth. I confess I sent my steward to Mr. Perd; and he being one who has long been with me, and ever car

The King's Message relative to the Bill for Tæ nage, &c.] The same day the new grant of a Subsidy on Tonnage and Poundage, &c. was read s second and third time in the house of lord, and passed into a law. After this the lord keeper informed the house, That he had ceived a Letter from the King, with a Message inclosed to, both houses, which were readi

"Charles R. Right trusty and well-beloved, we greet you well; Our will and pleasure is, that you deliver the Message enclosed, to be read in our house of peers before the passing the bill for Tonnage and Pounda.e, for which this shall be your warrant.—Given at t Court at Windsor the last day of January, 1641."

ried himself honestly and like a gentleman, desire that sir Henry Hayman and Mr. Peri gives me confidence that he delivered no such may come to this house, and, upon oath, testmessage to Mr. Perd from me, as is charged.fy what they know in the business concerning I protest to your lordships, upon my honour, the duke of Richmond.” that the message I sent was no more than to this effect, "That if, in the business of Mr. Percy it fell in his way to do him any just favour, that I should take it as a courtesy, and express it to him upon any fair occasion." This was without any other intimation or particular request whatsoever, and I am confident my servant delivered it to him no otherways; for he brought me a civil answer of his readi-hæc verba: ness to do any thing he might, with a good conscience, which was as much as I desired. And I was so far from taking offence, that, when I spoke to Mr. Perd, it was only to avow my servant, and to give him thanks; and no such thing happened as has been informed by him. Now, my lords, Mr. Percy being my old acquaintance at school; in our travels, and here at home, having lived friends together; I thought I could do no less than to ask just favours for him in his distress. There was no unlawful thing desired; no bribes offered; if this be an offence, as I hope it is not, I am confident it will not be so heinous as to draw so heavy a censure upon me.-And because, my lords, I would be quit of this great burthen, I have caused Scroop to attend without; and desire your lordships to examine bim, upon his oath, touching the truth of the message, and what passed between Mr. Perd and him; for I am guilty of no tittle more than what I have confessed to you. I know not what passed in the house of commons, or that Mr. Perd had ever spoken in that business; or if Scroop had desired him not to press that business, or persuaded him not to call upon it, or intimated any thing of the king or the queen, which I be lieve he did not, it was without any direction from me, and let him answer for it. But I rather believe there was no ill in the message, because Mr. Perd did not then, nor at any time since, till this question in the house of commons, call upon him or me concerning it. My lords, I am no lawyer or orator, but I am a gentleman; and, in that consideration, so much concerned in what is moved against me, as though life or a total confiscation may not be desired, yet, upon the consequence of it, so much of honour and reputation depends, that I esteem it equal to any of those censures. But I have so inuch innocence in me, as makes me confident that I cannot miscarry by your lordships judgment; and therefore have adventured to make my own defence, who best know the truth of my own heart; and so I submit myself and cause, which concerns you all, to your lordships judgment. RICHMOND."

The duke having ended, he desired that Thomas Webb, his secretary, might, upon oath, relate the occasion of writing the Letters to the Port Towns; which was one complaint against his grace. Then the lords sent a message to the commons, “That, in regard of their offer made at the last conference, they

"Though his majesty, having passed mor acts of justice and grace in this parliament tas has ever been passed by any of his royal cestors, might well expect, from the affection and gratitude of his parliament, to have received the Subsidy of Tonnage and Poundage for less a time than it hath been granted to of his predecessors; yet, in regard that, by a clause in this bill, he finds that his parlianda intends not to continue the old Book of Rates and that the settling a new one must req some time; and in respect that otherwise s might beget an interruption of trade, give a advantage to foreign states, and leave the t unguarded, to the danger of this kingdom så Ireland; he hath, at this time, given a o mission for the passing of this present bill, a 25th of March: not doubting but, as soon a their extraordinary affairs will permit, the they will settle a new Book of Rates; and, A granting this Subsidy in the usual manner, give a proof of their good intentions, as they have often expressed, and of which he is f satisfied, to consider no less both his subei auce and splendor, than their own liberties and interests."

Farther Proceedings against the D. of Riskmond.] Feb. 1. The house of lords proceeded in the business of the duke of Richmond ; when Mr. Perd gave his evidence, upon caft nearly in the same manner as is before related The duke, having heard this evidence, deand that he gave his steward, Mr. Scroop, any suc directions as Mr. Perd alledged, and then with drew. The house went into a debate, Whe ther Mr. Scroop ought to be examined, upos oath, to know what directions the duke ge bim'; because, thereby, he might accuse himself. The Judges Opinions being asked on this question, they were all in a mind, That, in ther ordinary courts of justice, Mr. Scroop might, by law, be examined on oath. Hereupon M Scroop was sworn and examined, who spil, "That the duke directed him to go to Mr. Per and to desire him, that, in the business of Mi Percy, he would, if it fell fairly in his way