of the committee on these 3 cases: 1." That | to read the said Charge, the earl interrupted. Montagu had disturbed the peace of the him, and said, "That he had exhibited his PeChurch, contrary to the doctrine thereof, pub-tition to the house, that he might come up lished in the 39 Articles, in 1582, and to the Book of Homilies; confirmed by parliament. 2. That in these Books were divers matters tending to sedition, by setting the king against the people, and the people one against another. 3. That the whole scope of the Books were to discountenance the true profession of religion here established, and so to draw the people to Popery, and reconcile them to the Church of Rome. That the committee were fully of opinion, Montagu stood convicted of all the three heads of the charge; and that, as a public offender against the peace of the church, he should, by this house, be presented to the lords, there to receive punishment according to his demerits."-The further debate and resolution about this affair was deferred to another day, and the committee were ordered to deliver their opinions to the house what was best to be done, for preventing the danger which may happen by other books of this kind. Some days after it was agreed to petition his maj. on this last article, and the Answer returned was, "That the king did not slightly pass over the Message; but questioned whether that house had power to examine the doctrine, or no. He expressed his dislike to Dr. Montagu's writings, and said, he would refer the doctrine in them to the convocation-house; and would, for the future, take special care for the examination of all books, which should be printed, for avoiding any matter of sedition, &c."-But we shall leave this affair for the present, and proceed to much greater matters, which engrossed the attention of both lords and commons.

The Commons resolve to proceed against the D. of Buckingham.] April 20. The Commons resolved upon the question, "That setting all other business aside, they would proceed in the great Affair of the duke of Buckingham, morning and afternoon, till it was done. To the end that they might next proceed to the consideration of satisfaction to his majesty's Message about the Supply.

The Earl of Bristol charged with High Treason.] But whilst the Commons were busy in carrying on, what is called in their Journals, The Cause of Causes,' and finishing their Articles against the Duke, the lords were employed in the Trial of the earl of Bristol. May 1. The usher of the black rod brought the said earl to the bar, where he was ordered to kneel, because he was accused of High Treason when the lord keeper acquainted bim, "That the king had commanded his attorney general to charge his ldp, with High Treason, and other offences and misdemeanors of a very high nature, that they might proceed in a legal course against him, according to the justice and usual proceedings of parliament. Then the attorney general, sir Robert Heath, exhibited the following Articles, as a Charge against the said earl.-But when he had begun

and be heard in his Accusation against the duke of Buckingham; and that, thereupon, he, being a peer of this realm, was charged with High Treason. That he had heretofore informed the late king, of blessed memory, of the unfaithful service of the said duke; and thereupon the duke laboured that he might be clapped up in the Tower, presently after his return out of Spain: and called upon the lord chamberlain to testify whether the lord marquis Hamilton had not told him as much. That the duke had, since, laboured to keep him from this king's presence, and now he was charged with Treason.--That he had been often employed, as ambassador, in weighty affairs, and never came home tainted; and, at his last coming out of Spain, he laboured the late king James, that he might be heard before himself, and his maj. promised it. I pray God, (said the earl) that promise did him no hurt, for he died soon after. For the said king's promise, he vouched the lord chamberlain; and ear nestly desired their lordships to take all these into their considerations; and to consider, also, that this house is already possessed of his said Petition and his Accusation of the said Duke; and required that their lordships would first receive his Charge against the lord Conway, and not to invalidate his testimony against them by the King's charge against him. He protested, that he spoke for the king; that he was a peer and a free man of the realm; and desired not to be impeached, until his Charge, which was of so high a nature, was first heard."-The earl then tendered to the house his Articles, in writing, against the lord Conway, which the lords received; and, being withdrawn, the Petition of the said earl presented to the house on the 19th of April, wherein he desired he might be heard in his Accusation against the duke, was read; and, after a long debate, it was agreed upon the question, That the king's Charge against the duke and against the lord Conway, should be presently read: all which were read by the attorney general, as follows:

"ARTICLES of several High Treasons, and other great and enormous Crimes, Offences, and Contempts, committed by John Earl of Bristol, against our late Sovereign Lord King James, of blessed memory, deceased,and our Sovereign Lord the King's Majesty, which now is; wherein the said Earl is charged, by his Majesty's Attorney General, on his Majesty's behalf, in the most High and Honourable Court of Parliament, before the King and his Lords there.

"OFFENCES done and committed by the Earl of Bristol, before his majesty's going into Spain when he was Prince.

I. "That the said earl being trusted and employed by the said late king as his ambassa

strive to retard the resolutions of the said late king to declare himself an enemy to the said king of Spain (who under colour of Treaties and Alliances, had so much abused him) and to resist his arins and forces; to the loss of opportunity of time, which cannot be recalled or regained, and to the extreme danger, dishonour, and detriment of this kingdom.”

put into jealousies, and just suspicion that there was no such sincerity used towards them as they expected, though so many assurances from the earl on their part had been undertaken; the said prince, our now gracious sovereign, was inforced, out of his love to his country, to his allies, friends, and confederates, and to the peace of Christendom, who all suffered by such intolerable delay, to undertake in his own person, his long and dangerous journey into Spain; that thereby he might either speedily conclude those treaties, or perfectly discover that, on the emperor's and the king of Spain's part, there was no true and real intention to bring the same to conclusion, upon any fit and honourable terms and conditions: and did accordingly and speedily break them off. By which journey, the person of the said prince, being then heir apparent to the crown of this realm, and in his person, the peace and safety of this kingdom did undergo such apparent and such inevitable danger, as at the very remembrance thereof, the hearts of all good subjects do even tremble.

IV. "That the said Earl of Bristol, upon his dispatch out of this realm of England, on his ambassage aforesaid, had communication with divers persons of London, within this realin of England before his going into Spain, in and about his ambassage concerning the said Treaty; for the negociation whereof the said earl was purposely sent: and he the said earl being then told, that there was little probability that these Treaties would or could ever have any good success, he the said earl acknowledged as much; and yet, nevertheless, contrary to his duty and allegiance, and to the faith and trust of au ambassador, he the said earl said and affirmed, That he cared not what the success thereof would be; for he would take care to have his Instructions perfect, and pursue them punctually; and howsoever the business went, he would make his fortune thereby,' or used words at that time to such effect; whereby it plainly appeareth, That the said earl, from the be- VII. "That at the Prince's coming into Spain, ginning herein, intended not the service or during the time aforesaid, the earl of Bristol, honour of his late maj. but his own corrupt cunningly, falsely, and traiterously, moved and and sinister ends, and for his own advance-persuaded the prince, being then in the power

OFFENCES done and committed by the said Earl, during the Time of the Prince's being in Spain.

of a foreign king of the Romish religion, to change his religion, which was done in this manner, At the prince's first coming to the said carl, he asked the prince for what he came thither; the prince, at first not conceiving the earl's meaning, answered, You know as well as I.' The earl replied, Sir, servants can never serve their masters industriously, although they do it faithfully, unless they know their meanings fully. Give me leave therefore to tell you what they say in the town is the cause of your coming, That you mean to

V. “That from the beginning of his Negotiation, and throughout the whole managing thereof by the said earl of Bristol, and during his said ambassage, he the said earl, contrary to his faith, and duty to God, the true Religion professed by the Church of England, and the peace of this Church and State, did intend and resolve, That if the said Marriage, so treated of as aforesaid, should by his ministry be effected, that thereby the Romish religion and professors thereof should be advanced within this realio, and other his maj.'s realms and domi-change your religion, and to declare it here. nions, and the true religion and professors thereof discouraged and discountenanced: and to that end and purpose, the said earl during the time aforesaid, by letters unto his late maj. and otherwise, often counselled and persuaded his said late maj. to set at liberty the Jesuits and Priests of the Romish religion: which, according to the good, religious, and politic laws of this kingdom, were imprisoned or restrained; and to grant and allow unto the Papists and Professors of the Romish religion free toleration, and silencing of all laws made, and standing in force, against them."

VI. "That by the false Informations and Intelligence of the said earl of Bristol, during the time aforesaid, unto his said late maj. and to his maj. that now is, being then prince, concerning the said Treaties, and by the assurances aforesaid given by the said carl; his said late maj. and the prince, his now maj. being put in hopes, and by the said long delay used, without producing any effect, their majesties being

And yet, cunningly to disguise it, the carl added further; Sir, I do not speak this that I will persuade you to do it, or that I will promise you to follow your example, though you will do it ; but, as your faithful servant, if you will trust me with so great a secret, I will endeavour to carry it the discreetest way I can. The prince being moved at this unexpected motion again, said unto him, I wonder what you have ever found in me, that you should conceive I would be so base and unworthy, as for a wife to change my religiou.' The said earl replying, He desired the prince to pardon him, if he had offended him, it was but out of his desire to serve him.' Which persuasions of the said earl were the more dangerous, because the more subtile; whereas it had been the duty of a faithful servant to God and his master, if he had found the prince staggering in his religion, to have prevented so great an error, and to have persuaded him against it, so to have avoided the dangerous consequence thereof, to

OFFENCES done and committed by the said Earl, after the Prince's coming from Spain, X. "That when the Prince had clearly found himself and his father deluded in these Treaties, and hereupon resolved to return from the court of Spain; yet, because it behoved him to part fairly, he left the powers of the desponI. "That the duke of Buckingham did. sories with the earl of Bristol, to be delivered secretly combine and conspire with the conde upon the return of the dispensation from of Gondomar, ambassador from the king of Rome, which the king of Spain insisted upon; Spain, before his, he said ambassador's, last and without which, as he pretended, he return into Spain, in the summer 1622, to would not conclude the Marriage. The prince carry his maj. (then Prince) into Spain, to the foreseeing and fearing lest after the despon- end he might be instructed in the Roman sories, the Infanta, that should then be his religion, and thereby have perverted the prince, wife, might be put into a monastery, wrote a and subverted the true religion established in letter back to the said earl from Segovia; England: From which misery this kingdom thereby commanding him not to make use of (next under God's mercy) hath, by the wise, the said powers, until he could give him religious, and constant carriage of his maj., assurance, that a monastery should not rob been almost miraculously delivered, considerhim of his wife; which letter the said earl re-ing the many bold and subtile attempts of the ceived, and with speed returned an answer said duke in that kind."

II. "That Mr. Porter was made acquainted | courses; as namely, making use of the letters therewith, and sent into Spain; and such of his maj. (then prince) to his own ends, and messages at his return framed, as might serve not to what they were intended; as likewise for a ground to set on foot this conspiracy; the concealing divers things of high importance which was done accordin_ly, and thereby the from his late maj, and thereby overthrew his king and prince highly abused, and their con- maj.'s purposes, and advanced his own ends." sents thereby first gotten to the said journey; VIII. That the said duke, as he had with that is to say, after the return of the said his skill and artiices formerly abused their Mr, Porter, which was about the end of Dec. majesties; so to the same end, he afterwards or the beginning of Jan. 1622, whereas the said abused both houses of parliament by his sinis duke bad plotted it many months before." ter relation of the carriage of affairs, as shall III. "That the said duke, at his arrival in be made appear almost in every particular that Spain nourished the Spanish ministers, not he spake unto the said hon-es." only in the belief of his own being Popishly | affected, but did (both by absenting himself from all exercises of religion constantly used in the earl of Bristol's house, and frequented by all other Protestant English, and by conforming himself to please the Spaniards in divers rites of their religion, even so far as to kneel and adore their sacrament) from time to time give the Spaniards hope of the Prince's conversion; the which conversion he endeavoured to procure by all means possible; and thereby caused the Spanish ministers to propound far worse conditions for religion, than had been formerly, by the earl of Bristol and sir Walter Aston, settled and signed under his maj.'s hand; with a clause in the king of Spain's Answer of Dec. 12, 1622, that they held the Articles agreed upon sufficient, and such as ought to induce the Pope to the granting of the dispensation.”

IV. "That the D. of Buckingham having several times, in the presence of the earl of Bristol, moved and pressed his late maj. at the instance of the conde of Gondomar, to write a letter to the Pope; and to that purpose, having once brought a letter ready drawn, wherewith the earl of Bristol, by his maj. being made acquainted, he did so strongly oppose the writing of any such letter, that during the abode of the said carl of Bristol in England, the said duke could not obtain it; yet, not long after the earl was gone, he procured such a letter to be written from his said late maj. unto the Pope, and to have him stiled Sanctissime Pater."

V. "That the Pope, being informed of the duke of Buckingham's inclination and intention in point of religion, sent unto the said duke a particular bull in parchment, for to per suade and encourage him in the perversion of his maj. then prince."

VI. "That the said duke's behaviour in Spain was such, that he thereby so incensed the king of Spain and his ministers, as they would admit of no reconcilation, nor further dealing with him Whereupon the said duke seeing that the Match would be now to his disadvantage, he endeavoured to break it, not for any service to the kingdom, nor dislike of the Match in itself, nor for that he found (as since he hath pretended) that the Spaniards did not really intend the said Match, but out of his particular ends and his indignation."

VII. That after he intended to cross the Marriage, he put in practice divers undue

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IX. "As for scandal given by his personal behaviour, as also the employing of his power with the king of Spain for the procuring of favours and offices, which he bestowed upon base and unworthy persons for the recompence and hire of his lust: these things, as either nt for the carl of Bristol to speak, nor indeed for the house to hear, he leaveth to your lordships wisdom, how far you will be pleased to have them examined; it having been, indeed, a great infamy and dishonour to this nation, that a person of the duke's great quality and employments, a privy-counsellor, an ambassador, eminent in his master's favour, and solely trusted with the person of the prince, should leave behind him, in a foreign court, so much scandal as he did by his ill behaviour."

X. "That the duke hath been, in great part, the cause of the ruin and misfortune of the prince Palatine and his estates, in as much as those affairs had relation unto this kingdom."

XI. "That the D. of Buckingham bath, in his relations to both houses of parliament, wronged the carl of Bristol, in point of his honour, by many sinister aspersions which he hath laid upon him, and in point of his liberty, by many undue courses through his power and practices."

XII. "That the earl of Bristol did reveal unto his late maj. both by word and letter, in what sort the said duke had disserved him and abused his trust and that the king, by several ways, sent him word. That he should rest assured he would hear the said earl, but that he should leave it to him to take his own time:' And thereupon, a few days before his sickness, he sent the carl word, “That he would hear him against the said duke, as well as he had heard the said duke against him." Which the duke hinseir heard; and not long after his blessed maj. sickened and died, having been, in the interim, much vexed and pressed by the said duke. BRISTOL."

ARTICLES of the Earl of Bristol against the Lord Conway, bearing date May 1, 1626. I. "That the lord. Conway is so great a servant of the D. of Buckingham's, that he hath not stuck to send the earl of Bristol plain word,

That if businesses could not be accommodated betwixt him and the duke, he must then adhere and declare himself for the said duke;' and therefore is unfit to be a judge in any thing that concerneth the duke or the carl."