the country, which he hath done; and there- Ilereupon it was ordered, That Mr. Maxwell may present unto the house any Petition which the earl shall have occasion to make hereafter. Then the house was put into a committee, that their lordships might the more freely debate the contents of this Petition; and the petitions were read in parts, and each part considered of by itself; but before any conclusion was had thereof, a Message came from the commons, whereupon their lordships proceeded no further herein at this time, and the house was resumed. The Commons desire a Conference.] Message from the commons, by Mr. vice-chamberlain and others, "That the commons desire a conference between a committee of both houses, if it shall so please their lordships, and at such time after this morning as their lordships shall appoint." Answer. "A committee of this whole house will meet a committee of the whole house of cominons at 2 this afternoon, in the Painted Chamber, to receive what shall be propounded to their lordships." The messengers being departed, the house ap- | pointed these lords to report what the cominons should propound at this committee, viz. The Lord President; the Lord Chamberlain; the earls of Dorset, Bridgwater, Devonshire, Clare; lord visc. Say and Seale; lord bp. of Norwich. And it was agreed, that these 8 lords should have the first and most convenient places at this committee.-We shall now go back a little, in order to take a view of the duke of Buckingham's Affair in the house of commons. The Commons give the D. of Buckingham Notice of their Charge against him.] April 22. The commons had perfected their Charge against the duke, and sent him notice of it by sir John Hippesley and Mr. Giffard, two of their members. The heads of it, from the clerk's books, they were allowed to deliver to him, verbatim, but to leave no notes of them with him. His Answer was also required in two days time, before them, if he pleased. The Duke's Answer.] April 24. The gentlemen, sent to the duke, made this report to the house, "That they had acquainted the duke with the Message, who told them he could not give Answer to it, till he had informed the lords about it. That this forenoon having asked leave of the lords, they would by no means consent to it. However, he dictated some Answer to them, which being put into writing was read to the house, as follows: "That he should, with great care, make all due acknowledginent of your respect and favours in giving him this notice; which though it do invite him to render unto you such a satisfaction that, he hopes, may acquit and restore him to your good opinion, and might prevent your proceedings, which otherwise by a parliamentary course are like to follow: yet according to his duty, he moved the lords of the upper house, upon your notice given him, who would by no means, as things now stand, give him leave to answer, in regard he is not ignorant you are presently to enter into consideration of his maj.'s Message; and that by a delay therein your own purposes will be in some sort disappointed, and the affairs of Christendom much prejudiced; but for that, upon a resolution, you have deferred and respited that service until those things depend→ ing against him be first determined, he, out of fear that his necessary defence would spin out a great deal of time, which is more precious, is the willinger to obey their lordships; that so he might hasten, without obstacle or interruption given unto him, to keep day with his maj.; and this he doth, as he conceives, to his own infinite prejudice, knowing how grievous it is to be transmitted as a grievance by the voice of this house; but he doth profess he will rather hazard the safety of his fortune, reputation and himself, than to be the least occasion of any thing that may work disaffection or misunderstanding between the king and his people and it is his protestation, that whatsoever interpretation is made of his actions, his endeavours shall be, as long as he hath any favour with his gracious master, to take opportunity of doing good offices to this house, and of rendering all that he can be able for the safety of the state, and the general good of the common-wealth. And this he saith you may the easier believe, because his maj, can witness that he hazarded in his father's time the loss of the best affection of the best of masters to obtain for them their desire. In this zeal he was desirous to have appeared unto you ever since the beginning of this parliament, and in this zeal he doth now present himself unto you. But to return to the main point, he, lest we should be mistaken, gave us occasion, in plain words, to remember you, that it is not he that doth refuse to answer, but the lords commanded him not to answer; which he the chearfullier obeyed, in respect of his fidelity to prefer the universal weal before his own particular; and, in the mean time, he desireth the charitable opinion of this noble house, until he be con vinced that he shall appear not worthy of it, which his own innocency maketh him confident that he shall not." : Notwithstanding this complaisant Message of the duke's, the house proceeded to several resolutions and votes against his administration. Motion for a further Supply.] April 25. The commons went upon the Supply, according to an order made for that purpose. It was first moved for by sir Benj. Rudyard, who also desired the house to take into their consideration the fall of Subsidies. That other rents, since the 1st of Eliz. had been generally improved; but the king's had wasted, except what is paid by the nobility and clergy. That one great cause of this fall, was the multiplicity of commissioners, who are the assessors of themselves; with certificates, &c. He moved that a search might be made into former schedules of Subsidies; and that the 4s. a pound rate on lands, and the number of subsidies, may be increased by this grant. Lastly, That some forts might be erected, and some ships maintained, for the defence of the kingdom, &c. at the country's charge. This motion was seconded by sir Geo. Moore, who said, That to help the decrease of Subsidies, they ought to give one Subsidy and one Fifteenth more, payable after the three now agreed on were come in.-On another motion, a grand committee was appointed to go upon his immediately; but what was done at it is not now mentioned in the Journals. A bill for a grant of Tonnage and Poundage was also preparing by the house; and a Remonstrance to the king ordered to be drawn up concerning his taking those duties without grant of parliament. Some days after, the addition of a fourth Subsidy, to what was already voted, was agreed unto by the house, to be rated and paid after the usual manner, the last day of July come twelvemonth. When the account of the whole grant was signified to the king, he said, "That he accepted it in very good part, but desired such speed might be used in it that it might do him good." A further Charge against the D. of Buckingham.] April 27. A new matter was started against the duke of Buckingham, concerning a plaister and a posset given to the late king James, in his last sickness. Mr. Glanvile made the report of it from the committee of examinations into the duke's conduct; and said, That the sworn physicians had testified before them, that they had agreed upon certain directions in the king's sickness, particularly that be should have neither meat nor drink for some hours before his fit. That upon this and other matters, the committee were of opinion this should be annexed to the duke's Charge, as a transcendent presumption of dangerous consequence. On this a debate arose, and the house divided on the question, Whether the grand committee of the whole house should now sit, to take consideration of this business? And it was carried in the affirmative, by 191 against 150. April 28. Mr. Wandesford reported from the grand committee, concerning the duke of Buckingham, a general agreement amongst all the king's sworn physicians, that nothing should be administered to the king without the joint consent of them all, &c. Upon question, it was resolved, 1. That a plaister was applied, and a drink given, to the late king, in the time of his last sickness, without the advice of his sworn physicians, and not made by his sworn apothecaries or surgeons, contrary to the general directions of the physicians, and after being particularly disliked by them. 2. That the application of the plaister and giving of the drink to the late king, as agreed upon in the last question, was an act of transcendent presumption, and of dangerous consequence. 3. That this drink was given to the late king by the duke, and the plaister applied to him by the duke's direction. 4. That this shall be annexed to the rest of the duke's Charge." April 29th. The king sent a message to the house, by the chancellor of the exchequer, intimating, "That he having given way to their enquiries about the duke of Buckingham; and hearing there is new matter intended to be brought in; in respect of the season of the year, and the affairs of state, desireth the house will avoid loss of time therein; and leaveth them to their own way, either by presenting the complaint to himself or to the lords.' Thanks was ordered to be returned, by the said chancellor and others, to the king for his gracious Message. Eight Managers appointed to conduct the Impeachment of the D. of Buckingham.] The commons having now entirely finished all their Articles against the duke, and agreed upon the members who should defend each of them; on the 8th of May they sent a message to the lords, desiring a conference with them concerning the Impeachment and Accusation of a great peer of that house, with as much convenient speed as their occasions would permit. Accordingly, at the time appointed, the commons went up with their Impeachment, which was to be managed by 8 of their members, and 16 others as assistants to them. The names of the eight chief managers were, sir Dudley Diggs, Mr. Herbert, Mr. Selden, Mr. Glanvile, Mr. Whitby, Mr. Pym, Mr. Wandesford, and sir John Elliot.-The next day, upon a question, That the house do move the lords, that the duke of Buckingham may be committed to prison,' the house divided, Ayes 225; Noes 106. The Commons Journals inform us, That the Noes would have yielded; but the Yeas would not accept it, desiring to be numibered. A committee of 20 members was also nominated to consider of the manner how the commitment should be prayed. This May 9. The duke of Buckingham moved the lords, "That forasmuch as the business, which the committee of the commons had begun the day before to declare unto a committee of this house, was not then finished, that their lordships would give them a speedy meeting again this morning concerning the same." motion was agreed to, and a message was sent to the commons accordingly. To which this answer was returned: "That at the meeting of both houses yesterday, the committee of the commons did impeach a great lord of divers crimes and misdemeanors, which could not mandy, Gascoign, and Guienne; general governor of the seas and ships of the said kingdoms; Lieut. general, admiral, capt. general and governor of his maj.'s royal fleet and army lately set forth; master of the horse of our sovereign lord the king; lord warden, chancellor, and adiniral of the Cinque-Ports, and of the members thereof; constable of Dover Castle; justice in Eyre of the Forests and Chases on this side the river Trent; constable of the castle of Windsor; gentleman of his maj.'s bed chamber: one of his maj.'s most hon. privy-council in his realms both in England, Scotland, and Ireland; and Knight of the most noble Order of the Garter; the misderacanors, misprisions, offences, crimes, and other matters, comprised in the Articles following; and him the said duke do accuse and impeach of the said thisdemeanors, misprisions, offences and crimes.” Plurality of Offices. "I. That whereas the great offices expressed in the said duke's stile and title, heretofore have been the singular preferments of several persons, eminent in wisdom and trust, and fully able for the weighty service, and greatest employments of the state; whereby the said offices were both carefully and sufficiently executed by several persons, of such wisdom, trust, and ability: and others also, that were employed by the royal progenitors of our sovereign lord the king in places of less dignity, were much encouraged with the hopes of advancement. And whereas divers of the said places, severally of themselves, and neecssarily, require the whole care, industry, and attendance of a most provident, and most able person: He the said duke, being young and unexperienced, hath, of late years, with exorbitant ambition, and for his own profit and advantage, procured and ingrossed into his own hands the said several offices; both to the danger of the state, the prejudice of that service which should have been performed in them, and to the great discouragement of others; who, by this procuring and ingrossing of the said offices, are precluded from such hopes, as their virtues, abilities, and public employments might otherwise have given them.', Buying the Admiral's Place. "II. Whereas, by the laws and statutes of this kingdom of England, if any person whatsoever, give or pay any sum of money, fee, or reward, directly or indirectly, for any office or offices, which in any wise touch or concern the administration or execution of justice, or the keeping of any of the king's maj.'s towns, castles, or fortresses, being used, occupied, or appointed for places of strength and defence; the same person is immediately, upon the same fee, money, or reward given, or paid, to be adjudged a disabled person in law, to all intents and purposes, to have, occupy, or enjoy the said office or offices, for the which he so giveth or payeth any sum of money, fee, or reward: yet he the said duke did, in or about the month of Jan. in the 16th year of the late king James of famous memory, give and pay to the right hon. Charles, then earl of Nottingham, for the office of great admiral of England and Ireland, and the principality of Wales, and for the office of general governor of the seas and ships of the said kingdoms, and for the surrender of the said offices, then made to the said king by the said earl of Nottingham, being then great ad miral of the said kingdoms and principality of Wales, and general governor of the seas and ships; to the intent the said duke might obtain the said offices to his own use, the sum of 3000!. of lawful money of England: and did also about the same time procure from the said king a further reward, for the surrender of the said office to the said earl, of an annuity of 10007. per ann. for and during the life of the said earl; and by the procurement of the said duke, the late king, of famous memory, did, by his letters patents, dated the 27th of Jan, in the said 16th year of his reign, under the great seal of England, grant to the said earl the said annuity; which he, the said earl, accordingly bad and enjoyed, during his life, and by reason of the said sum of money so as aforesaid paid by the said duke. And on this the said duke's procurement of the said annuity, the said earl of Nottingham did, in the same month, surrender unto the said late king his said offices, and his patents of them; and thereupon, and by reason of the premises, the said offices were obtained by the duke for his life, from the said made to the said duke, of the same offices, unking, of famous memory, by letters patents der the great seal of England, dated the 28th of Jan. in the said 16th year of the said late king. And the said offices of great admiral and governor, as aforesaid, are offices that highly cution of justice, within the provision of the said laws and statutes of this kingdom; which notwithstanding, the said duke hath unlawfully, ever since the first unlawful obtaining of the said grant of the said offices, retained them in his hands, and exercised them against the laws touch and concern the administration and exe and statutes aforesaid." Buying the Wardenship of the Cinque Ports. "III. The said duke did likewise, in or about the beginning of the month of Dec. in the 22nd year of the said late king James, of famous memory, give and pay to the right hon. Edward, late lord Zouch, lord warden of the cinque-ports and of the members thereof, and constable of the castle of Dover, for the said offices, and for the surrender of the said othces of lord warden of the cinque-ports, and constable of the said castle of Dover, to be made to the said late king of famous memory, the sum of 1000l. of lawful money of England; and then also granted an annuity of 5001. per ann. to the said lord Zouch, for the life of the said lord Zouch; to the intent that he the said duke might thereby obtain the said offices to his own use. And for and by reason of the said sum of money, so paid by the said duke, and of the said annuity so granted to the said lord Zouch, others, which eir own base ercot, where fall upon we ve thoughts er unakas reeable to pleased int le said duke nce.] Ther i got up as c, it will argu e any cou y not broa e a faro T, nd places of rvice. the success could wish, for refusing to do all they wish, they afterwards king, made any differencein the casc?” The lords took no further notice of the mes sage that day; and only ordered that the eight The Judges forbid by the King to give their May it please your lordships; According to your commands, we appointed a time to have taken into our consideration the two Questions propounded by your lordships, 1st, Whether in case of treason and of felony the king's testimony is to be admitted? 2ndly, "Whathon the being The Report of the Charge against the Duke of Buckingham. The house next proceeded to hear the Report of the duke of Buckingham's Charge, which was to be made this day by the 8 lords appointed for that purpose. The several Speeches made by the Managers of the house of commons in enforcing the Charges against the duke, are preserved in the lords journals. From their extreme length we are under the necessity of omitting them, and must content ourselves with preserving the Articles of Impeachment, which were as follow:-- ARTICLES OF IMPEACHMENT EXHIBITED BY "For the speedy redress of great evils and mischiefs, and of the chief cause of these evils and mischiefs, which this kingdom of England now grievously suffereth, and of late years hath suffered; and to the honour and safety of our sovereign lord the king, and of his crown and dignity; and to the good and welfare ofhis people: The commons in this present parliament, by the authority of our said sovereign lord the king, assembled, do, by this their bill, shew and declare against George, duke, marquis, and earl of Buckingham, earl of Coventry, visc. Villiers, baron of Whaddon; great admiral of the kingdoms of England and Ireland, and of the principality of Wales, and of the dominions and islands of the same, of the town of Ca famous memory, give and pay to the right hon. Charles, then earl of Nottingham, for the office of great admiral of England and Ireland, and the principality of Wales, and for the office of general governor of the seas and ships of the said kingdoms, and for the surrender of the said offices, then made to the said king by the said earl of Nottingham, being then great admiral of the said kingdoms and principality of Wales, and general governor of the seas and mandy, Gascoign, and Guienne; general gover- | nor of the seas and ships of the said kingdoms; heut. general, admiral, capt. gencral and governor of his maj.'s royal fleet and army lately set forth; master of the horse of our sovereign lord the king; lord warden, chancellor, and adiniral of the Cinque-Ports, and of the members thereof; constable of Dover Castle; justice in Eyre of the Forests and Chases on this side the river Trent; constable of the castle of Windsor; gentleman of his maj.'s bed cham-ships; to the intent the said duke might obtain ber: one of his maj.'s most hon. privy-council in his realms both in England, Scotland, and Ireland; and Knight of the most noble Order of the Garter; the misderacanors, misprisions, offences, crimes, and other matters, comprised in the Articles following; and him the said duke do accuse and impeach of the said misdemeanors, misprisions, offences and crimes." Plurality of Offices. per "I. That whereas the great offices expressed in the said duke's stile and title, heretofore have been the singular preferments of several sons, eminent in wisdom and trust, and fully able for the weighty service, and greatest employments of the state; whereby the said offices were both carefully and sufficiently executed by several persons, of such wisdom, trust, and ability: and others also, that were employed by the royal progenitors of our sovereign lord the king in places of less dignity, were much encouraged with the hopes of advancement. And whereas divers of the said places, severally of themselves, and necessarily, require the whole care, industry, and attendance of a most provident, and most able person: He the said duke, being young and unexperienced, hath, of late years, with exorbitant ambition, and for his own profit and advantage, procured and ingrossed into his own hands the said several offices; both to the danger of the state, the prejudice of that service which should have been performed in them, and to the great discouragement of others; who, by this procuring and ingrossing of the said offices, are preciuded from such hopes, as their virtues, abilities, and public employments might otherwise have given them.", Buying the Admiral's Place. the said offices to his own use, the sum of 3000/ of lawful money of England: and did also about the same time procure from the said king a further reward, for the surrender of the said office to the said carl, of an annuity of 1000l. per ann. for and during the life of the said earl; and by the procurement of the said duke, the late king, of famous memory, did, by his letters patents, dated the 27th of Jan. in the said 16th year of his reign, under the great seal of England, grant to the said earl the said annuity; which he, the said earl, accordingly bad and enjoyed, during his life, and by reason of the said sum of money so as aforesaid paid by the said duke. And on this the said duke's procurement of the said annuity, the said earl of Nottingham did, in the same month, surrender unto the said late king his said offices, and his patents of them; and thereupon, and by reason of the premises, the said offices were obtained by the duke for his life, from the said made to the said duke, of the same offices, unking, of famous memory, by letters patents der the great seal of England, dated the 28th of Jan. in the said 16th year of the said late king. And the said offices of great admiral and governor, as aforesaid, are offices that highly cution of justice, within the provision of the touch and concern the administration and exesaid laws and statutes of this kingdom; which notwithstanding, the said duke hath unlawfully, ever since the first unlawful obtaining of the said grant of the said offices, retained them in his hands, and exercised them against the laws and statutes aforesaid." Buying the Wardenship of the Cinque Ports. "III. The said duke did likewise, in or about the beginning of the month of Dec, in the 22nd "II. Whereas, by the laws and statutes of this year of the said late king James, of famous kingdom of England, if any person whatsoever, memory, give and pay to the right hon. Edgive or pay any sum of money, fee, or reward, ward, late lord Zouch, lord warden of the directly or indirectly, for any office or offices, cinque-ports and of the members thereof, and which in any wise touch or concern the admi- constable of the castle of Dover, for the said nistration or execution of justice, or the keep-offices, and for the surrender of the said othces ing of any of the king's maj.'s towns, castles, or fortresses, being used, occupied, or appointed for places of strength and defence: the same person is immediately, upon the same fee, money, or reward given, or paid, to be adjudged a disabled person in law, to all intents and purposes, to have, occupy, or enjoy the said office or offices, for the which he so giveth or payeth any sum of money, fee, or reward: yet he the said duke did, in or about the month of Jab, in the 10th year of the late king James of of lord warden of the cinque-ports, and constable of the said castle of Dover, to be made to the said late king of famous memory, the sum of 10001. of lawful money of England; and then also granted an annuity of 5001. per ann. to the said lord Zouch, for the life of the said lord Zouch; to the intent that he the said duke might thereby obtain the said offices to his own use. And for and by reason of the said sum of money, so paid by the said duke, and of the said annuity so granted to the said lord Zouch, |