it was ordered, That the house be adjourned | hath commanded him to signify his pleasure, till to-morrow, and all business to cease.

That his maj. is contented their lordships adjourn the house till Thursday next; and in the mean time his maj. will take this particular business into further consideration." İlereupon the lords agreed, That the lord keeper do render unto his maj. from the house, their humble thanks for his gracious respect unto their privileges; and adjourned accord

May 26. The lord keeper delivered this Message from the king, viz. "That his maj. hath willed him to signify unto their lordships, that he doth marvel his meaning in his last Answer should be mistaken: and for the better clearing of his intention, hath commanded him to signify unto their lordships his further Answer, which is, That their lordships last Peti-ingly. tion was so acceptable to his maj. that his intent was then, and is still, to satisfy their lord-sage to the lords from his maj. viz.-" That on ships fully in what they then desired."-Hereupon it was ordered, That all business be adjourned till that day se'nuight. At the same time the duke of Buckingham signified unto their lordships his desire to have the king's counsel allowed him to plead his Cause: but the lords would not hear him, because they would entertain no business and so the house was adjourned to the second of June.

June 2. The lord keeper delivered this Message from the king, viz." His maj. hath commanded me to deliver unto your Idps. a Message touching the earl of Arundel: that his maj. hath thought of that business, and hath advised of his great and pressing affairs, which are such as make him unwilling to enter into dispute of things doubtful: and therefore, to give you clear satisfaction touching that cause, whereby you may more cheerfully procced in the business of the house, he hath endeavoured, as much as may be, to ripen it, but cannot yet effect it; but is resolved, that at the farthest, by Wednesday se'nnight, he will either declare the cause or admit him to the house. And addeth further, upon the word of a king, That if it shall be sooner ripe, which he hath good cause to cxpect, he will declare it at the soonest. And further, that if the occasion doth enforce to stay to the time prefixed, yet he doth not purpose to set such a short end to the parliament, but that there shall be an ample and good space between that and the end of the session, to dispatch affairs." This Message being delivered, the house was adjourned ad libitum, and put into a committee; and being resumed, it was agreed, That all business should cease, but this of the earl of Arundel's concerning the privileges of the house; and the house to meet thereon to-morrow morning, and to be put into a committee to consider thereof.

June 8. The lord keeper delivered this MesSaturday last his maj. sent word to the house, That by this day he would send them such an Answer concerning the earl of Arundel, as should satisfy them in point of privilege. And therefore to take away all dispute, and that that their privileges may be in the same estate as they were when the parliament began, his maj. hath taken off the restraint of the said earl, whereby he hath liberty to come to the house." The earl of Arundel being returned to the house, did render his humble thanks, unto his maj. for his gracious favour towards him; and gave their lordships also most hearty thanks for their often intercessions for him unto the king, and protested his loyalty and faithful service unto his maj.Having thus fully related the proceedings of both houses, on this important point of privilege, the imprisonment or restraint of their members, we return to the affair of the earl of Bristol.

The Answer of the Lords to the King's Mes sage concerning allowing Counsel to the Earl of Bristol.] May 15th. The lords took into consideration the king's Message, sent to them on the Sth, about allowing the earl of Bristol cour scl in his trial. And, upon some former or ders of the house being read, it was agreed, upon the question, That the lord keeper should deliver an humble Answer from their lordships to the king concerning the said Message, which was to this effect: :-"Whereas his maj. had lately sent to them a Message concerning the allowance of Counsel to the earl of Bristol, their lordships had with all duty advised of that business, and thereupon did humbly signify to him, that the allowance of counsel to the earl of Bristol was ordered before his maj.'s message to them. And that order, as they conceive, did not pre judice any fundamental law of the realm; for, in te parliament of the 22nd of his maj.'s blessed father, a general order was made touching the allowance of counsel to delinquents questioned in parliament; at the voting whereof his maj. then prince, was present; and that order extended further than this late one for the earl of Bristol.”

June 3. The lord keeper delivered this Message from the king, viz. "That in the matter concerning the earl of Arundel, his maj. hath been very careful and desirous, to avoid all jealousy of violating the privileges of this house; that he continueth still of the same mind, and The King's Reply.] May 17. The lord keeper doth much desire to find out some expedient, brought a reply from the king to the said Anwhich may satisfy their lordships in point of pri- swer, viz." That his maj. had advised of it, vilege, and yet not hinder his maj.'s service in and as he considered that himself had recomthat particular. But, because this will require mended this cause to their honour and justice, some time, his maj. though his great affairs although he knew that by the fundamental are urgent and pressing, is unwilling to urge laws of the land, or custom and use of parlia their lordships to go on therewith, till his maj.liaments, counsel was not to be allowed to a bath thought on the other: and therefore person accused of high treason; yet, since his

maj. might at his own pleasure descend from | his own right and prerogative; and that it may appear to all the world that his maj. in his grácious goodness, is pleased to allow the earl of Bristol all ways of defence, in a more ample measure than is due unto him by law; he is content, and doth hereby give full licence, that, in this particular case, the earl of Bristol may have counsel, both to advise him, and to speak and plead for him. But whereas their lordships message put his maj. in mind of a general order, made the 22nd of his blessed father's reign; he remembered that upon the occasion of the earl of Middlesex's cause, which was only criminal and not capital, an order was made in the house, which his maj. never, until now, conceived to extend unto causes capital; and he is well assured, that neither the judges were advised with in making that order, nor his late maj.'s learned counsel heard for him; therefore his maj. was not satisfied about that general order, nor that counsel should be allowed in cases capital, without his licence; and would advise further thereof, and then would send again to their lordships touching the general.Upon the hearing of this answer from the king, the lords ordered that Mr. Serj. Hedley, Serj. Bramston, Serj. Crawley, and Mr. Anthony Low, should be allowed as Counsel, to speak and plead for the earl of Bristol.

Orders relating to the Duke of Buckingham's Trial.] The same day the duke of Buckingham moved the house, to know whether he should answer the whole Charge, exhibited by the Commons against him, or such parts thereof only as their lordships should appoint: also, whether he should answer the Aggravations of the commons, reported to this house? which he was desirous to do, that he might clear all matters therein.-Upon consideration of this, the lords ordered, "That those Aggravations should be delivered to the clerk, to be kept by him close from all except the members of this house; and no copies to be given to any but them. Likewise, That the duke of Bucking ham should answer the engrossed Articles of the Charge sent up by the commons, but not the Aggravations; unless, upon perusal thereof, he should find any thing fit to be answered, or that the house think proper for that purpose, And, for expedition's sake, the duke to have the use of the original Aggravations."

The E. of Bristol brought to the Bar; where he delivered his Answer to the Articles against him.] May 19. The earl of Bristol was brought again to the bar of the lords; when the duke of Buckingham desired that he might have leave to retire, lest his presence should give some distaste to the earl; and he withdrew himself accordingly. Then the lord keeper told the earl, That their lordships did expect his Answer unto Mr. Attorney's Charge (see p. 80.) Upon which he said, "That he had brought his Answer, but desired they would excuse the length thereof; and, as to the Charge, be said, he did not see any direct trea

son in it, that was laid to his charge; only two points came near it by circumstances, viz. That he is ill-affected to our religion, and wellaffected to Spain. For clearing of which he made a large remonstrance of zeal to the true religion, here established, even from his youth to this day; and of his constant and faithful memory, and to the state."-Then he delivered services to the present king, his father of blessed in his Answer, written on paper, but desired which he said had been done but forwant of time. that it might be engrossed on parchment, He also desired that no advantage might be taken of any illegal form thereof; and further, that his own counsel might read his Answer, which the house was pleased to allow of; the earl sitting by on a stool all the while, and explaining or enforcing any part thereof.

"The ANSWER of JOHN Earl of BRISTOL to the ARTICLES of several HIGH TREASONS, and other great and enormous Crimes, Offences, and Contempts, supposed to be committed by him against our late sovereign lord king James of blessed memory, deceased; and our sovereign lord the king's maj. that now is; wherewith the said Earl is charged by his maj.'s Attorney General, on his maj.'s behalf, in the most high and honourable Court of Parliament, before the king and the lords there."

the supposed treasons, crimes, offences, or "The said earl not acknowledging any of contempts, wherewith he is charged in and by himself all advantage and benefit of exception, the said Articles, to be true; and saving to Articles, and several Charges in them containto the uncertainty and insufficiency of the said ed: and humbly praying that his cause may not suffer for want of legal form, whereunto he hath not been inured, but may be adjudged according to such real and effectual grounds bassador, the ground of the charge growing and proofs, as may be expected from an amthence: and that he may have leave to explain himself and his own meaning, in any thing that may seem to admit of a doubtful construction,

for Answer saith as followeth;

he didnot advance or further the design of the I. To the First Article he saith, "That king of Spain against our late sovereign-lord the king, his children, friends, and allies; of traiterously, falsly, wilfully, or as a traitor to our late sovereign lord the king, by any letters, of any other time, inform, advise, or assure the said other messages, sent in the years 1621, 2, 3, or at late king, that the emperor and king of Spain, tually make restitution, or plenary restoration, or either of them, would really, fully, or effecto the count Palatine and his children, of the dominions, territories, and possessions of the said count or of the electoral dignity; or that the king of Spain did really, fully, or effectually intend the Marriage between the lady his sister, and the prince our said sovereign lord, according to the articles formerly propounded

K 2

between the said two kings, as by the said Ar- imperial seal; the which, according to his duty, ticles is alledged; neither does or did he, the he faithfully sent unto his said maj.; and with said earl, know that the emperor and king of al, did honestly, faithfully, and truly advertise Spain, or either of them, never really intended his said maj, what he understood and thought such restitution or restoration as aforesaid, or then upon the place: but was so far from giving that the king of Spain never really intended unto his said maj. any ill-grounded hopes in the said Marriage, as by the said Article is that behalf, that he wrote unto the lords of the alledged; nor doth he the said earl know that council, here in England, from Vienna, the the emperor or king of Spain, or either of them, 26th of July, 1621, in sort as followeth, viz. “ I intended by the said Treaties, in the Article am further to move your lordships, that there mentioned, to give time for compassing their may be a dispatch made presently into Spain, own ends or purposes, to the detriment of this to his maj.'s ainbassador and Mr. Cottington, kingdom, as by the said Articles is also alledg- that they there deal effectually for the prepar ed; neither was the said late king James made ing and ripening of the business against my secure upon any such false assurances given coming; and that they use some plain and diunto him by the said carl, or thereby lost the rect language, letting the ministers there know, opportunity of time; nor were the dominions, that the late letter sent by the king of Spain to territories, and possessions of the count Pa- the emperor, was colder and more reserved latine, or the electoral dignity, thereby lost, than his maj, had reason to expect. I shall or any part thereof taken out of the possession conclude with telling your lordships, that tho' of the said king James; nor the said count Pa- I despair not of good success in this knotty latine, the lady Elizabeth his wife, or their business, yet I hope his maj. and your lordships children, dispossessed, disinherited, or bereaved lay not aside the care of all fitting preparations thereof, or of any part thereof, by any act or for a war, in case a peace- caunot honourably default of him the said earl; nor did, nor was be had; and amongst other things, I most earhe, the said earl, the cause of any thing to the nestly recommend unto your ldps. and, by your dishonour of our said late sovereign lord king lordships, unto his maj. the continuing abroad, James, or to the dishcrison of the said late yet for some small time, of sir Rob. Mansel's king's children, or their posterity; to the dis- fleet upon the coasts of Spain; which, in case animating or discouraging of any of the rest of his maj. should be ill-used, will prove the best the princes of Germany, nor any other kings argument he can use for the restitution of the or princes in amity and league with his said Palatinate."-And the said earl further saith, late maj.; nor did any thing in or conceruing That this his advice was really seconded by the same contrary to his duty and allegiance, his actions, by being the cause, as he returned or contrary to the trust and duty of an ambas-homeward out of Germany, of the bringing sador, or falsly, wilfully, or traiterously, or as a traitor to our said sovereign lord the king, in any such sort, or hy any such means, ways, or inducements, as by the said Article. is supposed, or by any other ways or means whatso-meerly out of his zeal and affection to the good ever: but the said earl dealt therein, and in all his said trusts as an ambassador, carefully, faithfully, and honestly, and as became a faithful and loyal subject, servant, counsellor, and ambassador. And for a clear demonstration of the truth and manner of his proceedings, touching the matter contained in the said Article, the same consisting of several parts, viz. the loss of the said Palatinate, and the Match with the said lady of Spain, and of his several employments; as of one extraordinary Ambassage to the emperor, of another to the king of Spain, in the years 1621, 2, and 3, aforesaid, be humbly craveth leave of this most high and honourable court to separate the business, and to distinguish the times."

down of the count Mansfelt, whereby the town of Frankendale was relieved, and, by supplying of his maj.'s army, then in great distress, with money and plate, to the value of 10,000l.

of the king and his children, having no order or warrant for the doing of it; but might easily have excused it, either thro' want of order, or want of means; but that his heart was ever really bent in effects more than shews, to serve the king's son-in-law and his cause, as by the discourse of this business will appear. And how acceptable these services then were, will appear by the Letters of the Queen of Bohemia, dated in Oct. 1621, in these words following :-" My lord; Having understood from Heidelberg, how you have shewn your affection to the king and ine in all things, and in the help of money you have lent our soldiers, I cannot let such an obligation pass without giving you many thanks for it by these lines, since I have "And, beginning with the Palatinate first, to no other means to shew my gratefulness unto give an Account of his Ambassage to the Ein- you; howsoever, assure yourself, that I shall peror; and so to make as brief a deduction as never be forgetful of the testimonies you give he can of his whole carriage in that business, me of your love, which I entreat you to conti from the beginning of his employment to the nuc, in doing the king and me all the good offitime he left it. In this ambassage to the em- ces you can to his maj. you bave been an eyeperor he propounded all things faithfully accord-witness of the miserable estate our countries ing to his instructions; and the answers which he returned to his late maj. were the very same, and none other, than such as were given him by the emperor, under his hand and the

are in: I intreat you therefore to solicit his maj. for our help. You have given me assurance of your affection, I intreat you now to shew it by helping us, in your good endeavours to his maj.