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the country, which he hath done; and there- means consent to it. However, he dictated fore desired the space of 8 days, assuring your some Answer to them, which being put into lordships, that if in shorter tinie (as he nothing writing was read to the house, as follows: doubteth) he shall be able to finish it, he will “That he should, with great care, make presently advertise your lordships thereof. The all due acknowledgment of your respect and said earl further prayeth, That being in cus-favours in giving him this notice; which though tody of Mr. Maxwell, gentleman usher of this it do invite him to render unto you such a house, and there being many things that in the satisfaction that, he hopes, may acquit and interim may bappen wherein he may need restore him to your good opinion, and might your lordships further order, that your lordships prevent your proceedings, which otherwise by would be pleased now to order, that Mr. Mas- a parliamentary course are like to follow : yet well may present unto your lordships such fur according to his duty, he moved the lords of ther petitions or requests, on the behalf of the the upper house, upon your notice given him, said earl, as he shall bave occasion to prefer who would by no means, as things now stand, unto your lordships.
BRISTOL." give him leave to answer, in regard he is not Hereupon it was ordered, That Mr. Maxwell ignorant you are presently to enter into consimay present unto the house any Petition deration of his maj.'s Message; and that by : which the earl shall have occasion to make delay therein your own purposes will be in hereafter. Then the house was put into a some sort disappointed, and the affairs of committee, that their lordships might the more Christendom much prejudiced; but for that, freely debate the contents of this Petition ; upon a resolution, you have deferred and and the petitions were read in parts, and each respited that service until those things depend part considered of by itself; but before any ing against him be first determined, he, out of conclusion was had thereof, a Message came fear that his necessary defence would spin out from the commons, whereupon their lordships a great deal of time, which is more precious, is proceeded no further herein at this time, and the willinger to obey their lordships; that so the house was resumed.
he might hasten, without obstacle or interrupThe Commons desire a Conference. Message tion given unto him, to keep day with his maj.; from the commons, by Mr. vice-chamberlain and this he doth, as he conceives, to his own and others, “ That the commons desire a infinite prejudice, knowing how grievous it is conference between a committee of both to be transmitted as a grievance by the voice houses, if it shall so please their lordships, and of this house ; but he doth profess he will at such time after this morning as their lord rather hazard the safety of his fortune, reputaships shall appoint." Answer. « A committee tion and himself, than to be the least occasion of this whole house will meet a committee of any thing that may work disaffection or of the whole house of cominons at 2 this after- misunderstanding between the king and his noon, in the Painted Chamber, to receive people : and it is his protestation, that what. what shall be propounded to their lordships.” soever interpretation is made of bis actions, The messengers being departed, the house ap- bis endeavours shall be, as long as he hath any pointed these lords to report what the com- favour with his gracious master, to take oppor muns should propound at this committee, viz. tunity of doing good offices to this house, and The Lord President ; the Lord Chainberlain; of rendering all that he can be able for the the carls of Dorset, Bridgwater, Devonshire, safety of the state, and the general good of the Clare ; lord visc. Say and Seale; lord bp. common-wealth. And this he saith you may of Norwich. And it was agreed, that these 8 the easier believe, because his maj. can witness lords should have the first and most convenient that he hazarded in his father's time the loss of places at this coniittee-We shall now go the best affection of the best of masters to obback a little, in order to take a view of the tain for them their desire. In this zeal he was duke of Buckingham's Affair in the house of desirous to have appeared unto you ever since commons.
the beginning of this parliament, and in this The Commons give the D. of Buckingham zcal he doth now present himself unto you. Notice of their Charge against him.) April 22. But to return to the main point, he, lest we The commons bad perfected their Charge should be mistaken, gave us occasion, in plain against the duke, and sent hiin notice of it by words, to remember you, that it is not he that sir John Hippesley and Mr. Giffard, two of doth refuse to answer, but the lords commanded their members. The heads of it, from the him not to answer; which he the chearfullier clerk's books, they were allowed to deliver to obeyed, in respect of his fidelity to prefer the him, verbatim, but to leave no notes of them universal weal before his own particular; and, with bim. His Auswer was also required in two | in the mean time, he desireth the charitable days time, before them, if he pleased.
opinion of this noble house, until he be conThe Duke's answer.] April 24. The gen- vinced that he shall appear not worthy of it, tlemen, sent to the duke, made this report to which his own innocency maketh him confident the house, “ That they had acquainted the that he shall not." duke with the Message, who told them he could Notwithstanding this complaisant Message not give Answer to it, till he had informed of the duke's, the house proceeded to several ree the lords about it. That this forenoon having | solutions and votes against his adıninistration, asked leave of the lords, they would by 10 Motion for a further Supply.) April 93.
The commons went upon the Supply, according and a drink given, to the late king, in the time to an order made for that purpose. It was of his last sickness, without the advice of his first moved for by sir Benj. Rudyard, who also sworn physicians, and not made by his sworn desired the house to take into their consider- apothecaries or surgeons, contrary to the ation the fall of Subsidies. That other rents, general directions of the physicians, and after since the 1st of Eliz. bad been generally im | being particularly disliked by them. 2. That proved; but the king's bad wasted, except the application of the plaister and giving of wbat is paid by the nobility and clergy. That the drink to the late king, as agreed upon in one great cause of this fall, was the multipli- / the last question, was an act of transcendent city of commissioners, who are the assessors of presumption, and of dangerous consequence. theinselves; with certificates, &c. He moved 3. That this drink was given to the late king that a search might be made into former sche- by the duke, and the plaister applied to him by dules of Subsidies; and that the 4s. a pound the duke's direction. 4. That this shall be rate on lands, and the number of subsidies, annexed to the rest of the duke's Charge." may be increased by this grant. Lastly, That April 29th. The king sent & message to the some forts might be erected, and some ships house, by the chancellor of the exchequer, maintained, for the detence of the kingdom, intimating, “That he having given way to their &c, at the country's charge. This motion was enquiries about the duke of Buckingham; and seconded by sir Geo. Moore, who said, That hearing there is new matter intended to be to help the decrease of Subsidies, they ought brought in; in respect of the season of the year, to give one Subsidy and one Fifteenth more, and the affairs of state, desireth the house will payable after the three now agreed on were avoid loss of tiine therein; and leaveth them come in. On another motion, a grand com to their own way, either by presenting the mittee was appointed to go upon his imme-complaint to himself or to the lords.' Thanks diately; but what was done at it is not was ordered to be returned, by the said channow mentioned in the Journals. A bill for a cellor and others, to the king for his gracious grant of Tonnage and Poundage was also pre- | Message. paring by the house; and a Remonstrance to | Eight Managers appointed to conduct the the king ordered to be drawn up concerning Impeachment of the D. of Buckinghun.] The his taking those duties without grant of parlia commons having now entirely finished all their jaent.—Some days after, the addition of a Articles against the duke, and agreed upon the fourth Subsidy, to what was already voted, was members who should detend each of them; on agreed unto by the house, to be rated and paid the 8th of May they sent a message to the after the usual manner, the last day of July lords, desiring a conference with them concome twelvemonth. When the account of the cerning the Impeachment and Accusation of a whole grant was signified to the king, he said, great peer of that house, with as much con“ That he accepted it in very good part, but venient speed as their occasions would permit. desired such specd might be used in it that it Accordingly, at the time appointed, the commight do him good."
mons went up with their Impeachinent, which A further Charge against the D. of Buck- was to be managed by 8 of their members, and 16 inghain. April 27. A new matter was others as assistants to them. The names of started against the duke of Buckingham, con- the eight chiet managers were, sir Dudley cerning a plaister and a posset given to the Diggs, Mr. Herbert, Mr. Selden, Mr. Glanvilc, late king James, in his last sickness. Mr. Mr. Whitby, Mr. Pym, Mr. Wandesford, and Glanvile made the report of it from the commit- sir John Elliot. The next day, upon a question, tee of examinations into the duke's conduct ; That the house do nove the lords, that and said, That the sworn physicians bad testified the duke of Buckinghain inay be combefore them, that they had agreed upon certain mitted to prison,' the house divided, Ayes 225; directions in the king's sickness, particularly | Nocs 106. The Commons Journals inform us, that be should have neither meat nor drink for That the Noes would have yielded; but the some hours before his fit, That upon this and Yeas would not accept it, desiring to be numother matters, the committee were of opinion bered. A committee of 20 members was also this should be annexed to the duke's Charge, nominated to consider of the manner how the as a transcendent presumption of dangerous commitment should be prayed. consequence. On this a debate arose, and May 9. The duke of Buckingham moved the the house divided on the question, Whether lords, '“ 'That forasmuch as the business, which the grand committee of the whole house the committee of the commons had begun the should now sit, to take consideration of this day before to declare unto a committee of this business? And it was carried in the affirmative, house, was not then finished, that their lordby 191 against 150.
ships would give them a speedy meeting again April 28. Mr. Wandesford reported from this morning concerning the same." Thi the grand committee, concerning the duke' of motion was agreed to, and a message was sent Buckingham, a general agreement amongst all to the communs accordingly. To which this the king's sworn physicians, that nothing | answer was returned : “ That at the meeting or should be administered to the king without the hoth houses yesterday, the committee of the joint consent of them all, &c. Upon question, commons did impeach a great lord of divers it was resolved, '1. That a plaister was applied, crimes and misdemeanors, which could not then be finished for want of time; and the brought by sir Nath. Rich and others, which gentleman who was appointed to proceed in was to this purport:-“ The knights, citizens, the next part of the charge, is so visited with and burgesses of the commons house of parliasickness, that the coninous are enforced to inent, taking into their serious consideration make use of one of his assistants. Therefore the main mischiefs and inconveniences which they desired that their lordships would appoint this renowned kingdom doth now suffer, threatany time they pleased, for the next meeting, ening apparent danger to the king and commonafter this morning." Answer, “ The lords do I wealth, have by search and disquisition into appoint 8 o'clock the next morning, in the the causes thereof, found that they do princiformer place for the purpose; and then either pally flow from the exorbitant power and abusive the aforesaid gentleman may be recovered, or carriage of the duke of Buckingham; whereof his assistant better provided to perforin the le bath in this parliament been impeached besame.”
fore their lordsbips by the commons, besides Questions proposed to the Judges relating to an accusation of a peer in their own bouse, the . of Bristol.] The same day the lord who hath charged him (as they are informed) keeper plit the house in mind of the carl ofi of high treason: They therefore with one voice Bristol's last Petition to them, appointed to make an entire declaration, That they hold it be heard as to day! when, the judges being a thmg of dangerous consequence both for the sent for, the following Questions were agreed
present and future times, that a man of so upon to be put to them and left to their consi
great eminence, power, and authority, being derations, 1. “Whether, in case of treason or
inpeached and accused of such high crimes felony, the king's testimony was to be admitted
and offences, should yet enjoy his liberty, hold or not." 2. " Whether words spoken to the
so great a part of the strength of the kingdom prince, who is after king, makes any alteration in
in his hands, sit as a peer in parliament, and be this case?" The Judges were ordered to deliver
acquainted with the counsels thereof, whereby their opinions herein ont'e 13th inst.
inevitable mischief may suddenly fall upon the
kingdom. Wherefore they have thought it The King takes. Offence at the Managers Beha
their duty to recoiniend this their unanimous viour, and commits two of them to the Tower.] desire to their lordships, as agreeable to law May 11. Early in the morning, the king came
and reason, That they would be pleased forthto the house of lords, and, being seated on the
with to commit the person of the said duke to throne, made the following speech to them:
safe custody.” . "My Lords; The cause, and only cause of The D). of Buckingham's Defence.] The remy coming to you this day, is to express the ply the lords made to the messengers was, That sense I have of all your honours; for he that
they would take their message into consideratoucheth any of you, toucheib me in a very
tion, and return an Answer to it in convenient great measure. I have thought it to take rin
time. And, after the cominons were withorder for punishing some insolent specches drawn, the duke of Buckingham got up and spoken to you yesterday, by way of digression. spake as follows: I have been too remiss beretofore in punishing
"My Lords ; If I hold my peace, it will argue such speeches as concern inyself; not that I
guilt, and if I should speak, it may argue boldwas greedy of their monics, but for that
ness; being so foully accused. Your lordships see Buckingham, through his importunity, would
what complaints are made against me, by the not suiter me to take notice of them, lest be
house of commons; how well I stood in their might be thought to have set me on, and that he
opinions, not long since, vour lordships know ; might come the forwarder to his trial to ap
and, what I have done since to lose their good prove his innocency. For as touching the
opinion, I protest, I know not. I cannot so occasions against him, I myself can be a witnext
wilde distrust my own innocency and heart, which to clear hiin in every one of them. I speak
speak | abbors guilt, as to offer to decline any course not this to take any thing out of your hands;
| or court of justice; and, had they not brought but to shew the reason why I have not hitherto
my cause to your lordships, I so much trust in punished those insolent speeches against my- the justice and equity of this louse, that it self. And now I hope ye will be as tender
should have been diy work to have done it. So of my honour, when time shall serve, as I have
as in this, onls, they have done me a favour, to been sensible of yours,"--After which his maj.
deliver me out of their hands into your lorddeparted. The king's coming to the house and
ships.-- And now, my lords, whilst I protest making this speech, was occasioned by the
mine innocency, I do not justify myself froin behaviour of two of the Managers for the Com
all errors, as if I was an angel amongst men, nous a ainst the duke; who, in their speeches
les I know, very well, that offices and places of had let till some expressions, as was reported, high trust and eininence, may be discharged that were highly resented by his majesty; and
by men whose abilities are better than the best he had, accordingly, comitted them both to
of mine, and still the management of them the Tower. The consequence of which will
Day lay open to exceptions. The king and the fail better in another place.
state shall have few to serve them, if for their : The Cominons desire the D. of Buckingham favour, if for their reward of service, if for muy be coniited to safe Custody.] The same every particular that may happen in the success dav a Message carue fronrettenrenions, of things, or for doing things better than some could wish, for refusing to do all they wish, they afterwards king, made any differencein the casc?" shall be given up, in the time of their master's But, before our meeting, Mr. Attorney General, wants, for a grievance, or a sacrifice. But, for to whom it belongs, according to the duty of this I shall confidently speak, from such his place, to have an eye of care and vigilancy crimes as truly deserve punishment from the in cases concerning the king, desired to know state, I hope I shall ever prove myself free, the time of our mecting, and we told him aceither in intention or act. My lords, I speak cordingly. But, before that time, he brought not this arrogantly; nor will I speak any thing unto us a message from the king, sigelse to cast dirt at those who have taken pains nilying his pleasure to this effect: That bis maj, to make me so foul; but, to protest mine inno- was resolved, in this and all other causes, to cency, in that measure, which I shall ever proceed justly and with that moderation as behope to prove, nay, am confident of, being came a jost and gracious king. And that his before such just judges.--I humbly beseech maj. was so sensible of his honour, that he your lordships to be sensible of me in this would not suffer the right of his crown, which point, what dishonour I have sustained, not may justly be preserved, to be diminished in only at home but abroad; wherefore, I hum- his time. Therefore, his maj.'s pleasure was, bly desire your lordships to hasten my trial, as That in any particular case or question, which soon as may be, that I may no longer suffer may arise in the Cause of the carl of Bristol, than I must needs; and yet I further desire of and wherein the lords desired our opinions, your lordships that no such precipitation may that, upon mature deliberation, we should debe used, as may disadvantage or inay prejudice liver the same according to our consciences. my cause.-And here, my lords, I had a par- llis maj. assuring himself, that in all things pose to offer unto your lordships my voluntary we will deliver ourselves, with that justice and absence from this place, even now in the be evenness, between the king and his people, as ginning of the handling of my cause; as your shall be worthy of our places. That to these lordships may perceive in part, by my former general Questions, of which his maj. could not carriage towards the earl of Bristol. For, discern the consequence which might happen doubting lest my presence might any way to the prejudice of his crown, each particular disturb him and put him into passion, or any case varying according to circumstances, so as other way disadvantage him in his cause, I did it was very hard and dangerous to give a gevoluntarily, as your lordships saw, absent my- neral rule, according to the latitude of those self. But, now that my accusers have, not Questions; his maj.'s pleasure was, therefore, only, been content to make my process, but that we should forbear to give an answer to prescribe to your lordships the manner of thereto." my judgment, and to judge me before I am The Report of the Charge against the Duke heard; I shall not give way, in my own parti-l of Buckingham.] The house next proceeded cular, to any of their unjust demands; but yet, to hear the Report of the duke of Buckingham's I do submit myself in this, and in all things
Charge, which was to be made this day by the else, to your lordships consideration."
8 lords appointed for that purpose. The seveThe lords took no further notice of the mes
ral Speeches made by the Managers of the sage that day; and only ordered that the eight
house of commons in enforcing the Charges lords, appointed to report what was delivered
against the duke, are preserved in the lords by the commons, against the duke, at the
journals. From their extreme length we are conference, should do it fully and entirely.
under the necessity of omitting them, and must And, to that end, if they pleased, they were to
content ourselves with preserving the Articles read the same out of their notes; and it was
of Impeachment, whicli were as follow :further agreed that each lord is and ought to report all to the house, not to qualify the saine
ARTICLES OF IMPEACHMENT EXHIBITED BY in any part; and that nothing, so spoken and
THE COMMONS AGAINST THE DUKE OF delivered, should be imputed to the reporter.
BUCKINGHAM. Also, that they might help their memories with “For the speedy redress of great evils and misthe gentlemen of the house of commons, who chiefs, and of the chief cause of these evils and spoke at that conference.
mischiefs, which this kingdom of England now The Judges forbid by the King to gire their grievously suffereth, and of late years bath sufOpinians in the Earl of Bristol's Case. May 13. fered; and to the honour and safety of our soAnorder of the house was read, concerning the vereign lord the king, and of his crown and Jadges Opinions, on the two Questions in the dignity; and to the good and welfare of his peoearl of Bristol's Case before-mentioned ; where- ple: The commons in this present parliament, upon they were called on for that purpose. by the authority of our said sovereign lord the When the Lord Chief Justice said :
king, assembled, do, by this their bill, shew and "May it please your lordships; According declare against George, duke, marquis, and to your commands, we appointed a time to earl of Buckingham, earl of Coventry, visc. bare taken into our consideration the two Villiers, baron of Whaddon; great admiral of Questions propounded by your lordships, 1st, the kingdoms of England and Ireland, and of
Whether in case of treason and of felony the the principality of Wales, and of the dominiking's testimony is to be admitted?' endly, ons and islands of the same, of the town of Ca"Whether words spoken to the prince, being lais and of the Marches of the same, and of Normandy, Gascoign, and Guienne; general gover- | famous memory, give and pay to the right hon. nor of the seas and ships of the said kingdoms; | Charles, then earl of Nottingham, for the office licut. general, admiral, capt. gencral and gover- of great admiral of England and Ireland, apd nor of his maj.'s royal fleet and army lately set the principality of Wales, and for the office of forth; master of the horse of our sovereign general governor of the seas and ships of the lord the king; lord warden, chancellor, and said kingdoms, and for the surrender of the adiniral of the Cinque-Ports, and of the mein- said otfices, then inade to the said king by the bers thereof; constable of Dover Castle ; jus said earl of Nottingham, being theo great adtice in Eyre of the Forests and Chases on this miral of the said kingdoms and principality of side the river Trent; constable of the castle Wales, and general governor of the seas, and 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 the said offices to his own use, the sum of 3000l. in his realms both in England, Scotland, and of lawful money of England: and did also about Ireland; and Knight of the inost noble Order the same time procure from the said king a furof the Garter; the misdemeanors, misprisions, ther reward, for the surrender of the said office oftences, crimes, and other matters, comprised | to the said earl, of an annuity of 1000l. per in the Articles following; and him the said ann, for and during the life of the said earl; duke do accuse and impeach of the said mis and by the procurement of the said duke, the demcanors, misprisions, otiences and crines." late king, of faravus memory, did, by his letPlurality of Offices.
ters patents, dated the 27th of Jan, in the said “ I. That whereas the great offices expressed
pressed 16ch year of his reign, under the great seal of in the said duke's stile and title, heretofore have
Englapd, grant to the said earl the said annuity; been the singular preferments of several per
which he, the said earl, accordingly bad and sons, eminent in wisdom and trust, and fully
enjoyed, during his life, and by reason of the
my able for the weighty service, and greatest ein
said sum of inoney so as aforesaid paid by the ployments of the state; whereby the said offi
said duke. And on this the said duke's proces were both carefully and sufficiently execu
curement of the said annuity, the said earl of ted by several persons, of such wisdom, trust,
Nottingham did, in the same inonth, surrender and ability: and others also, that were employ
unto the said late king his said offices, and his ed by the royal progenitors of our sovereign
patents of them; and thereupon, and by reaJord the king in places of less dignity, were
son of the premises, the said offices were obmuch encouraged with the hopes of advance
tained by the duke for his life, from the said ment. And whercas divers of the said places,
| king, of famous memory, by letters patents severally of themselves, and ncecssarily, require
I made to the said duke, of the same offices, unthe whole care, industry, and attendance of a
der the great seal of England, dated the 28th
of Jan, in the said 16th year of the said late most provident, and most able person : He the said duke, being young and uncxperienced,
king. And the said offices of great admiral and hath, of late years, with exorbitant ambition, 1 30
governor, as aforesaid, are offices that highly and for his own profit and advantage, procured
touch and concern the administration and excand ingrossed into his own hands the said seve
cution of justice, within the provision of the ral offices; both to the danger of the state, the
said laws and statutes of this kingdom; wbich prejudice of that service which should have
notwithstanding, the said duke hath unlawfully, been performed in them, and to the great dis
ever since the first unlawful obtaining of the couragement of others; who, by this procuring
said grant of the said offices, retained them in and ingrossing of the said offices, are preclu
his hands, and exercised them against the laws ded froin such hopes, as their virtues, abilities,
and statutes aforesaid.” and public employments might otherwise have Buying the Wardenship of the Cinque Ports. given them.!,
“III. The said duke did likewise, in or about Buying the Admiral's Place.
the beginning of the month of Dee, 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. Ed. give 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 ot the meinbers 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 otlices, and for the surrender of the said othces ing of any of the king's maj.'s towns, castles, or of lord warden of the cinque-ports, and confortresses, being used, occupied, ar appointed stable of the said castle of Dover, to be mado for places of strength and defence : the same to the said late king of famous memory, the person is immediately, upon the same fee, sum of 1000l. of lawful money of England; and inoney, or reward given, or paid, to be adjudged then also granted an annuity of 5001. per ann. a disabled person in law, tó all intents and to the said lord Zouch, for the life of the said purposes, to have, occupy, or enjoy the said lord Zouch; to the intent that he the said duka office or offices, for the which he so giveth or might thereby obtain the said offices to his own payeth any sum of money, fee, or reward : yet use. And for and by reason of the said suin he the said duke did, in or about the month of of money, so paid by the said duke, and of the Jab, in the 10th year of the late king James of said annuity so granted to the said lord Zoucht,