will appear; and so much the said sir W. As ton and the said earl agreed should be delivered unto them in writing before they would have delivered the powers, and so the said earl de clared it; the which Answer in writing should have been the same, which since was given them of the 8th Jan. 1623: and both the said sir W. Aston, and the said earl were so confi dent therein, as they, by their said letters of

ponsorics until one of the days of Christmas, as by the letter (which is by this Article acknowledged to be mistaken) was required, yet the prince's powers had before that time been expired. 9. He durst not, without a precise warrant, put such a scorn upon so noble a lady, whom he then conceived likely to be the prince's wife, as to nominate a day for the marriage when the powers were out of date. 10. He was himself sworn to the treaty. Lastly, Hethe 23d of November, wrote to his late macould not, in honour and honesty, but endeavour to perform that trust reposed in him, when the powers were deposited in his hands, with public and legal declaration taken into an instrument by the secretary of state to the king of Spain, leading and directing the use of them; for the same being then instrumentum stipulatum, as well the king of Spain was interested by the acceptance of the substitution, as the prince by the granting of the powers, and he could not in honesty fail that public trust, with out clear and undoubted warrant; which, as soon as he had, he obeyed: so, the case standing thus, the said earl is very confident, that the supposed countermands, or directions of restriction, when they shall be perused and considered of, will appear to have been a very slender and insufficient warrant against the aforesaid orders and reasons, herein before specified and is also as confident, that what is assumed out of the said earl's dispatches, will also appear to be so understood; and that if he had procceded to the execution of the desponsorics, before he received direct and express commandment to the contrary, by the aforesaid letter of the 13th Nov. 1623, which he readily and punctually obeyed, he had not, under favour, broken his instructions, nor deserved any blame for lack of assurance of restitution of the Palatinate, or temporal articles: and first, of the Palatinate, his maj. did not send unto the said earl express direction not to dispatch the desponsories until a full conclusion be had of the other treaty of the Palatinate, together with that of the Marriage, as by the said Article is alledged; only his late maj. by the aforesaid letters of the 8th Oct. required the said earl so to endeavour, that his maj. might have the joy of both at Christmas; whereas his instructions of the 14th March, 1621, were express, that he should not make the business of the Palatinate a condition of the Marriage; and his late majesty's letters, of the 30th Dec. 1623, were fully to the same effect: yet did the said earl according to what was intimated by the said letters of the 8th Oct. so carefully provide therein, that before the powers were to have been executed, he had an absolute Answer in the business of the Palatinate, that the same should be really restored, according to his late majesty's desire; and the conde D'Olivares, both in his master's name and his own, desired the said earl and sir W. Aston, that they would assure his maj. of the real performance thereof; and intreated them, if need were, they should engage their honours and lives for it, as by their joint dispatch, of the 23d Nov. 1625,

jesty as folioweth, viz." That his majesty might according to his desire signified to them by his letters of the 8th of October, give as well to his majesty's daughter, that Christmas, the comfortable news of the near ex piring of her great troubles and sufferings, as to his son, the prince, the congratulation of being married to a most worthy and excellent princess."--By which it will evidently appear, he meant not to leave the business of the Palatinate loose when he intended to proceed to the Marriage: but he confesseth he was ever of opinion, the best pawn and assur ance his late maj. could have of the real pro ceedings in the said business of the Palatinate, was, that they proceeded really to the effecting of the Match: and of the same opinion was his late maj. also, and the lords commissioners here in England, as appeareth by his instruc tions, dated the 14th March, 1621; which opinion still continued in them, as appeareth by his late majesty's letters of the 7th Jan. 1622.-Concerning the Temporal Articles, the said earl saith, When the desponsories were formerly appointed to have been, as he remembereth, on the 9th Aug. before the departure of his maj. then prince, (which was only hin dered by the not coming of the dispensation) the prince appointed him and sir W. Aston to meet with the Spanish commissioners; and they drew up the heads of the Temporal Arti cles, wherewith the prince and d. of Bucking ham were acquainted; and in case the dispersation had come, and the desponsories been performed on that day, there had then no other provision been made for them before the Marriage; but presently upon the prince's departure, he, the said earl, caused them to be drawn into form, and sent them to his late maj. the 24th Sept. 1623, desiring to understand his majesty's pleasure with all speed, especially if he disapproved any thing in them; but never received notice of any dislike thereof until the aforesaid letters of the 13th Nov. 1623, which put off the desponsories. So it appeareth the said earl was so far from breaking his instruc tions, or from having any intention to have proceeded to the execution of the desponsories, before his maj. and the prince were satisfied in the point of the Infanta's entering into religion; or before convenient assurance as well of the restitution of the Palatinate as for performance of the Temporal Articles, that he deserved, as he conceiveth, (under favour) no blame, so much as in intention; but if he had erred in intention only, as he did not, and the same never reduced into act, the fault, as he

therein, in his defence, shall, in all things, tend to the honour and service of his most royal maj, by reducing unto his memory divers circumstances, and laying before him the passages of divers particulars, which, by undue practices, have been either concealed from his maj. or misrelated unto him."

and that Mr. Attorney might not take hold
of any matter of form or legality to his pre-
judice.
"That he

To this Mr. Attorney replied,
would not, but only insist upon the matter of
the Charge ;" and desired, as the earl had done,
that the house would direct the course how
the witnesses might be examined, and the
manner of his further proceeding against the
said earl. The earl being withdrawn, the
house agreed to give his counsel encourage-
ment for their free and faithful advice to him;
and it was further ordered that the said earl
should have liberty to go abroad in the custody
of Mr. Maxwell, the usher, to take the air for
his health's sake; which was granted at his
humble request. The carl being called in
again was made acquainted with this order, as
the king's own consent, for which he returned
his maj, and their lordships his most humble
thanks.

Having thus offered unto this high and hon. court such proofs and reasons as, he hopeth, shall, in your lordships wisdom and justice, clearly acquit him of any capital crime, or wilful offence; if it shall appear that, out of error of judgment, too much fervency of zeal to his maj.'s service, or ignorance in the laws, wherewith he hath not been able to be so well acquainted as he ought, by reason of his foreign employments for the space of 14 years, or by any other ways or means, he hath fallen into the danger of the laws, for any thing pardoned in the general Pardon made in the 21st year of our late sovereign lord king James of England, of blessed memory, he humbly pray- The Commons commit Mr. More, a Member, eth allowance of the said Pardon, and the be-for reflecting on the King.] The Commons nefit thereof; with this clause, That he doth proceeded for several days, after the last menand will approve that he is none of the persons tioned affair, in reading bills, &c. But, in one excepted out of the same: and though he is of these days debates, Mr. More, a member, very confident that he shall not need the help dropped some words, which were represented of any Pardon, having received several signifi- to the king, and, by him, back again to the cations, as well from his majesty's own mouth, house: on which a committee was appointed that he had never offended his maj. as lately to examine into the matter; and, June 3rd, a by several letters from the lord Conway, that report was made, from thence, of the words he might rest in the security.he was and sit spoken by Mr. More, "That we were born still, and should not be further questioned; yet free, and must continue free, if the king would he hopeth your idps. will find him so free from keep his kingdom:" or words to that effect. blame, that he shall need no pardon; but that And, in the same discourse, upon supposition Le hath served his late maj. of blessed memory, what a tyrant may do or not do, within this and his most gracious sovereign that now is, kingdom, he added these words; "As thanks with fidelity, care, and industry; and that your be to God, we have no occasion, we having a lordships will take such course, as you, in your just and pious king." Mr. More was heard to wisdoms, shall think fit, not only for the up- explain himself, and then withdrew. But holding of the honour and reputation of a peer though the Journals say that Mr. More was of this realm, after so many employments, but cleared of any ill intentions, in speaking these will likewise become humble and earnest words, by all who spake in his favour, which suitors to his maj. on his behalf, (which he were many; yet, on the question, Mr. More humbly prayeth) that he may be restored to was sentenced to the Tower, and the Speaker his maj.'s gracious favour; which, above all pronounced it accordingly. But, four days worldly things, he most desireth." after, the king was pleased to send a message to the house, That he would remit his further punishment. On which he was ordered to be enlarged.

The earl of Bristol's Answer being ended, the lord keeper demanded of him if he had any thing more to say. Whereupon the earl complaining of the inequality between himself and the duke of Buckingham, and that, by reason of his restraint, he was disabled from proceeding against the duke, and that his counsel was disheartened to give him their free advice; he earnestly urged their lordships promise to make them both equal; and said, That his counsel informed him there was no treason in all the Charge against him save only what. Came near a statute touching religion, which he humbly subinitted to the house: and hesought their lordships to take some course, by the resolution of the judges, or otherwise as they should please, that it may be declared whether his case be treason or not, before he be further proceeded with: likewise, that he might have liberty to examine his witnesses,

The Commons lay a Penalty upon absent Members.] About this time a call of the house of commons was made with great strictness; and the absent members ordered to be taken into custody; a penalty of 10%. was laid upon any member that did not appear at the call, and yet absents himself from the service of the house, without asking leave.

The Commons order a Letter of Reprimand to the Univ. of Cambridge for chusing the D. of Buckingham for their Chancellor.] June 5th. Mr. Herbert made a report from a committee, That it appeared to them this house had just cause of complaint, on the election of the d. of Buckingham to be chancellor of the University of Cambridge; and do think fit, that a letter should be written to the corpo

The D. of Bucks' Speech upon presenting his Answer to the Commons, Impeachment.] June 8. The duke of Buckingham gave in his Answer to the house of lords concerning the Articles of his Impeachment, p. 106. But before he delivered it, he made the following speech.

66

ration of that university, to signify that dislike; | whereas you say in the manner of carriage of and to require them to send some of their body the election, there were many passages done instructed and authorized to inform and give in it to the contempt of the house: his maj. is account to this house, of the manner of their well pleased that you enquire and punish the proceeding in the said election.Rushworth offenders, if there be any that have misbeacquaints us, "That great interest was made | haved themselves in that respect. But for by the court to carry this point; and that the election itself or the form of it, his maj. several letters were pretended to be sent, by doth avow his first Message."-It is probable, the king himself, in order to discourage all that the house was in some measure satisfied by opposers. But, notwithstanding that the heads of the king's Reply, or seemed to be so: for it houses and the doctors were almost unanimously was referred to a farther consideration from in the duke's interest; yet a strong party was time to time, till we hear no more of it. formed against him, amongst the juniors; and, at the election, he carried it by only 5 voices; the numbers being, for the duke 108, and 103 for the earl of Berkshire; besides that two of the duke's were void by statute, as being given to the vice-chancellor by compromise, to dispose of as he should think fit."-The disgust of the commons against the university was, that they should pretend to chuse a man, who then stood impeached by them, for several high crimes and misdemeanors. Accordingly, the opinion of the committee for writing a letter to Cambridge, &c. was readily complied with, and ordered to be done, by the whole house. But, June the 6th, when the letter was read by Mr. Pym and approved on, the chancellor of the exchequer, sir Rd. Weston, told the house, That the king, being acquainted with their intention, had commanded im to signify his pleasure to them, that they forbear to send the letter." The further consideration of this message was deferred to the Bext day. And, June 7th, the house, in a grand committee, agreed upon the following Answer to it.

"That they do acknowledge they were about to write to the University, because that the very election itself, whereby the University is committed to the government of one that is charged, and publicly complained of by the commons in parliament, whereof the electors are a part, is, in itself, a very great grievance, and prejudicial in example; whereof they have reason to be the more sensible, because they are informed, that in the manner of the election there were many passages likewise done in contempt of the house: and do humbly beseech his maj. to believe, that neither in this, nor any other thing, this house did or shall intend to enlarge their own power and jurisdiction, to the diminution of his maj.'s right or preroga

tive."

Whereunto his maj. replied by the said sir Rd. Weston:-"That the University of Cambridge and all corporations derive their right and privilege from him; and that he hath reason to esteem the Universities above any other, and is resolved to defend them against any, which either wilfully, or by chance, shall go about to infringe their liberties. Concerning the election itself, his maj, is far from conceiving it a grievance; for he never heard that crimes objected, were to be taken as proved; or, that man should lose his fame or good opinion in the world, upon an accusation only, But

My Lords, In a cause of pressure considered by itself, I have a fair beginning; as it is a debt due to your lordships for this noble favour in leaving it to my choice, whether I would answer to every particular in the aggra vation, or not. I may without lessening any obligation, say, the favour is of greater extent than at first may be imagined; for what is my cause now may be yours or your posterities hereafter. I have in a manner tied myself only to my Charge, hoping, if I give your lordships satisfaction in that, the aggravations will fall of themselves. I could not well have followed the aggravations, being composed of words which, I hope, my actions have not deserved, and I am sure my ears have not been acquainted with, without some distraction of spirit: yet I have left nothing of them unan swered that is material. I have used as much speed to come to my Answer as conveniently I could, without prejudice to my cause, having already had my reputation too long upon the stage; and had your lordships called for it sooner I had been as ready as now I am de

sirous to detain your lordships as little as may be, with the expectation of my particular, from weightier business. I was also grieved that my business should be the cause of the loss of this year for foreign attempts, and the hindrance of those resolutions that would have comforted our friends abroad, and secured ourselves at home: but, in this, my lords, I am sure, you will easily acquit me in your thoughts. When I look upon my Charge in general, as the commons did, without searching into the integrity of my own heart and actions, which are yet unknown to most of them, I wonder not so much at their proceedings, the particulars not being voted against me unanimously; but, had they taken the means to have been better and more truly informed of the particulars, or had given me cause to have informed them, I assure myself they had not troubled your lordships with this Charge. I confess there hath been that contestation in the house of commons concerning my justification, that I cannot but acknowledge much favour there from many, and if the actions of some others of that house do not make them conclude me of a worse

disposition than I shall hereafter be found, [ offences, and crimes, wherewith he is charged there is none but may say with me, I am by the commons house of parliament, and which at peace with all.' I shall now, for the are comprised in the Articles preferred against present, only apply myself to the clearing him and were aggravated by those whose sermy reputation, and for the future to those vice was used by that house in the delivery of actions and endeavours which may repos- them; doth find in himself an inexpressible sess me of that I have accounted one of my pressure of deep and hearty sorrow, that so greatest losses, their good opinions. I would great and so worthy a body should hold him not speak nor profess this before your lord- suspected of those things which are objected ships, if reason and my own disposition did against him, whereas, had that honourable not warrant the performance of it. For, first, house first known the very truth of those partiwho accused me? Common Fame. Who gave culars, whereof they had not there the means to me up to your lordships? The house of com- be rightly informed; he is well assured, in their mons. The one is too subtle a body, if a bo- own true judgments, they would have forborn dy; the other too great a one, for me to con- to have charged him therewith. But the inte test with: I'am confident, when my Cause shall grity of his own heart and conscience, being be tried, neither the one or the other, or part the most able and most impartial witness, not of either, will be found to have any ground to accusing him of the least thought of disloyalty be my enemy. But as Fame is subtle, so it is to his sovereign or to his country, doth raise often, and especially in accusations, false: his spirits again to make his just defence before therefore though the house of commons have not your lordships; of whose wisdom, justice, and willingly wronged me: yet I am confident it honour he is so well assured, that he doth with will at length be found, that Common Fame confidence, and yet with all humbleness subhath abused both them and me. I presume mit himself and his cause to your examinations the house of commons have proceeded against and judgments; before whom he shall, with all me, out of an hearty and zealous affection, to sincerity and clearness, unfold and lay open do their king and country service; and, I hope, the secrets of his own actions, and of his heart; out of Christian charity, to punish or amend and, in his Answer, shall not affirm the least my faults, (if Fame could have proved them) substantial, and as near as he can, the least and not to ruin my reputation, or destroy my circumstantial point, which he doth not believe fortune. I shall never call such proceedings he shall clearly prove before your lordships." wrong, which, seeking to cure my errors, give" The Charge consisteth of 13 several Artime opportunity to clear and publish my innocency. For the State itself, I have a little to say; it is but a little: I will not abuse your lordships patience. I was born and bred in it. | I owe it my life. I have been raised to honours and fortunes in it, I freely confess, beyond my merits. What I wanted in sufficiency and experience for the service of it, I have endeavoured to supply by care and industry. Could there be the least alienation hereafter of my heart from the service of the state, for any thing that hath past, I should be the ungrate fullest man living. Should but such a thought stain my heart, I should be content it were let blood. If my posterity should not inherit the same fidelity, I should desire an invertion in the course of nature, and be glad to see them earthed before me. My Answer to the several points of my Charge I shall crave leave to deliver briefly in writing and in form of law; but as naked as truth loves to be: and so I leave myself and my Cause to your lordships justice."

Then his grace presented his Answer, and gave the same to the lord keeper, and his lordship to the clerk, which followeth in hæc verba: "The Humble ANSWER and PLEA of GEORGE Duke of BUCKINGHAM, to the DECLARATION and IMPEACHMENT made against him, before your Lordships, by the Commons House of Parliament. (See p. 106.) "The said duke of Bucks. being accused, and sought to be impeached before your lordships, of the many misdemeanors, misprisions,

cles, whereunto the duke, saving to himself the usual benefit of not being prejudiced by any words, or want of form, in his Answer; but that he may be admitted to make further explanation and proof, as there shall be occa sion; and saving to himself all privileges and rights belonging to him as one of the peers of this realm, doth make these several and distinct Answers following, in the same order they are laid down unto him."

"I. To the First Article, which concerneth the Plurality of Offices which he holdeth, he answereth thus.-That it is true that he holdeth those several places and offices, which are enumerated in the preamble of his Charge, whereof only three are worthy the name of offices, viz. the Admiralty, the Wardenship of the Cinque Ports, and Mastership of the Horse; the others are rather titulary and additions of honour: for these offices he humbly and freely acknowledgeth the bounty and goodness of his most gracious master, who is with God; who, when he had cast an eye of favour upon him, and had taken him into a more near place of service about his royal person, was more willing to multiply his graces and favours upon bim than the duke was forward to ask them; and, for the most part, as many honourable persons, and his now most excellent maj. above all others, can best testify, did prevent the very desires of the duke in asking and all these particular places, he can and doth truly affirm, his late maj. did bestow of his own royal motion, except the Wardenship of the CinquePorts only; and thereto also he gave his appro

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