ledge thereof, and knowing well what the promises of the French king were, but was not then scasonable to be published, he hoping they would not have varied from what was promised, did say, that the event would show that it was no undertaking for them; but a declaration of that in general terms which should really have been performed, and which his maj. had just cause to expect from them." lordships by the proofs, than by any discourse there being then a jealousy of the mis-employ of his; which, in reason of state, will haplying of those ships, the duke having no know be conceived fit to be more privately handled.That these ships were lent to the French king at first, without the duke's privity; that when he knew it, he did that which belonged to an adiniral of England, and a true Englishman: and he doth deny that, by menace, or compulsion, or any other indirect or undue practice or means, he, by himself, or by any others, did deliver those ships, or any of them, into the hands of the French, as is objected against him. That the error which did happen, by what direction soever it were, was not in the intention any ways injurious or dishonourable, or dangerous to this state, or prejudicial to any private man, interested in any of those ships; nor could have given any such offence at all if those promises had been observed by others, which were professed and really performed by his maj. and his subjects on their parts." "VIII. To the Eighth Article, wherein he is taxed to have practised for the employment of the ships against Rochel, he answereth; That he was so far from practising or consenting that the said ships should so be employed, that he shall make it clearly appear, that when it was discovered that they would be employed against those of the religion, the protestation of the French king being otherwise, and their pretence being that there was a peace concluded with those of the religion, and that the French king would use those ships against Genoa, which had been an action of no ill consequence to the affairs of Christendom, the duke did, by all fit and honourable means, endeavour to divert that course of their employment against Rochel, and he doth truly and boldly affirm, that his endeavours, under the royal care of his most excellent maj, have been a great part of the means to preserve the town of Rochel; as the proofs, when they shall be produced, will make appear. And when his maj. did find, that, beyond his intention, and contrary to the faithful promises of the French, they were so misemployed, he found himself bound in honour to intercede with the most christian king, his good brother, for the peace of that town, and of the religion, lest his maj.'s honour might, otherwise suffer; which intercession his maj. did so sedulously, and so successfully pursue, that the town and the religion there do, and will, acknowledge the fruits thereof. And whereas it is further objected against him, That when in so unfaithful a manner he had delivered those ships into the power of a foreign state, to the danger of the religion, and scandal and dishonour of our nation, (which he utterly denicth to be so) that to mask his ill intentions, in a cunning and cautelous manner, he abused the parliament at Oxford, in affirm ing before the committee of both houses, That the said ships were not, nor should be so used or employed, he saith, under the favour of those who so understood his word, That he did not then use those words, which are expressed in the Charge to have been spoken by him; but "IX. To the Ninth Article, That the duke did compel the lord Robartes to buy his Title of Honour;-He utterly denieth it; and he is very confident, the lord Robartes himself will not affirm it, or any thing tending that way; neither can he, nor any man else, truly say so. But the said duke is able to prove, That the lord Robartes was willing before to have given a much greater sum, but could not then obtain it; and he did now obtain it by solicitation of his own agents." "X. To the Tenth Article, For the selling of Places of Judicature by the duke, which are specially instanced in the Charge, he answer eth;-That he received not, nor had a penny of either of those sums to his own use; but the truth is, the lord Mandeville was made lord treasurer by his late maj. without contracting for any thing for it; and after that he had the office conferred upon him, his late maj. moved him to lend him 20,000l. upon promise of repayment at the end of a year; the lord Mande ville yielded it, so as he might have the duke's word that it should be repaid unto him accordingly. The duke gave his word for it; the lord Mandeville relied upon it; and delivered the said sum to the hands of Mr. Porter, then al tending upon the duke, by the late king's ap pointment, to be disposed as his maj. should direct: and according to the king's direction, that very money was paid out to others, and the duke neither had, nor disposed of a penny thereof to his own use, as is suggested against him. And afterwards, when the lord Mandeville left that place, and his money was not repaid unto him, he urged the duke upon he promise; whereupon the duke being jealous of his honour, and to keep his word, not having money to pay him, he assured lands of his own to the lord Mandeville for his security: but when the duke was in Spain, the lord Mandeville obtained a promise from his late maj. of some lands in free farm, to such a value, as he accepted of the same in satisfaction of the said money, which were afterwards passed unto him; and, at the duke's return, the lord Mandeville delivered back unto him the security of the duke's lands, which had been given unto him as aforesaid. And for the 6000l. supposed to have been received by the duke, for procuring to the earl of Middlesex the mastership of the wards, he utterly denieth it; but afterwards he heard that the carl of Middlesex did disburse 6000/. about that time, and his late maj. be stowed the same upon sir Henry Mildmay, his servant, without the duke's privity; and he had it and enjoyed it, and no penny thereof came to the said duke, or to his use." give so clear an account thereof, as he hopeth he shall now well be able to do." able and gracious in their majesties, who granted the same for their servant's indemnity; and, "XI. To the Eleventh Article the duke he hopeth, was not unfit for him to accept of, answereth; That it is true, that his late maj. lest, in future times, he, or his, might be chargout of his royal favour unto him, having honour-ed therewith, when he could not be able to ed the duke himself with many titles and dig. nities of his bounty; and, as a greater argument of his princely grace, did also think fit to honour those, who were in equal degree of blood with him, and also to ennoble their mother, who was the stock that bare them. The title of countess of Bucks, bestowed upon his mother, was not without precedent; and she hath nothing from the grown but a title of honour, which dieth with her. The titles bestowed on the visc. Purbeck, the duke's elder brother, were conferred upon him, when he was a servant of the bed-chamber to his now maj. then prince, by his highness's means: the earl of Anglesey was of his late majesty's bed-chamber; and the honours and lands conferred on him were done when the duke was in Spain. The earl of Denbigh hath the honours mentioned in the Charge; but he hath not a foot of land which came from the crown, or of the king's grant. But if it were true that the duke had procured honours for those who are so near and dear unto him, the law of nature, and the king's royal favour, he hopeth, will plead for his excuse; and he rather believeth he were worthy to be condemned in the opinion of all generous minds, if, being in such favour with his master, he had minded only his own advancement, and had neglected those who were nearest unto him." "XIII. To the Thirteenth Article of the Charge, which is set forth in such an expression of words, as might argue an extraordinary guiltiness in the duke; who, by such infinite bonds of duty and thankfulness, was obliged to be tender of the life and health of his most dread and dear sovereign and master, he maketh this clear and true answer,-That he did neither apply nor procure the plaister or posset-drink, in the Charge termed to be a potion, unto his late maj. nor was present when the same was first taken or applied: but the truth is this; that his maj. being sick of an ague, took notice of the duke's recovery of an ague not long before, and asked him how he had recovered, and what he found did him most good? The duke gave him a particular answer thereto, and that one, who was the earl of Warwick's physician, had ministred a plaister and possetdrink to him; and the chief thing that did him good was a' vomit; which he wished the king had taken in the beginning of his sickness. The king was very desirous to have that plaister and posset-drink sent for; but the duke delayed it: whereupon the king inpatiently asked, Whether it was sent for or not? And finding by the duke's speeches he had not sent for it, his late maj. sent John Baker the duke's "XII. To the Twelfth Article his Answer servant, and, with his own mouth, commanded is-That he doth humbly, and with all thank him to go for it: whereupon the duke besought fulness acknowledge the bountiful hand of his his maj. not to make use of it but by the adlate maj. unto him; for which he oweth so vice of his own physicians, nor until it should much to the memory of that deceased king, his be tried by James Palmer, of his bed-chamber, most excellent maj. that now is, and their pos- who was then sick of an ague, and upon two terity, that he shall willingly render back children in the town; which the king said he whatsoever he hath received, together with his would do. In this resolution the duke left his life, to do them service: but for the immense maj. and went to London; and in the mean sums and values which are suggested to have time, in his absence, the plaister and possetbeen given unto him, he saith, There are very drink was brought and applied by his late great mistakings in the calculations, which are majesty's own command. At the duke's rein the Schedules in this Article mentioned; un- turn his maj. was in taking the posset-drink, to which the duke will apply particular Answers and the king then commanded the duke to give in another Schedule, which shall express the it him; which he did in presence of some of truth of every particular, as near as he can col- the king's physicians, they then no ways seemlect the same, to which he referreth himself; ing to dislike it, the saine drink being first whereby it shall appear, what a great dispro- tasted of by some of them, and divers others in portion there is between conjectures and cer- the king's bed-chamber: and he thinks this tainties: and those gifts which he hath receiv- was the second time the king took it. Aftercd, though he confesseth that they exceed his wards, when the king grew somewhat worse merit, yet they exceed not precedents of former than before, the duke heard a rumour as if his tines. But whatsoever it is he hath, or hath physic had done the king hurt, and that the had, he utterly denieth that he obtained the duke had ministred that physic to him without same, or any part thereof, by any undue soli- advice. The duke acquainted the king therecitation or practice, or did unduly obtain any with; to whom the king, with much disconrelease of any sums of money he received; tent, answered thus, They are worse than but he having, at several times, and upon sevedevils that say it.' So far from the truth it ral occasions, disposed of divers sums of the was; which now notwithstanding, as it seemmoneys of his late maj. and of his maj. that now eth, is taken up again by some, and with much is, by their private directions, he hath releases confidence affirmed. And here the duke humthereof for his discharge; which was honour-bly praycth all your lordships, not only to consider the truth of this Answer, but also to Commiserate the sad thought which this Article had revived in him. Trial.] June 8. p. m. the earl of Bristol, being before their lordships at the bar, desired leave to move two points: The one, touching the Charge of Treason against himself; the other, touching the Articles exhibited by him, (as an ambassador) against the duke of Buckingham, for his unfaithfulness to the king and state. As touching the first, he made a large discourse, shewing the manner of his restraint, as in his former speech of May 6th, and that he was not charged with Treason until le first exhibited his Petition to the house, wherein he accused the duke of Buckingham; and that thereupon he was immediately sent for up as a delinquent, contrary to all former proceed ings that he ever observed: and it being con trary to the order of this house, to be restrained of his liberty, unless it be for treason or the like, he is therefore charged with treason; an! der how prejudicial this precedent might prove to all their liberties; and that he might have a speedy trial by parliament, for that he feared no man would be of his counsel if the parliament were once ended; and that it might be determined whether his case be treason or not.-As touching the duke of Buckingham, he shewed that his accusation of him is no recrimination, for he originally intended it two or three years since; neither hath the duke any charge depending against him. Then he recited the particulars of Mr. Attorney's Charge against him, and that, whereas he is charged with the prince's "This being the plain, clear, and evident truth of all those things which are contained and particularly expressed in his Charge, the rest being general and requiring no Answer: and he being well assured that he hath herein affirmed nothing which he shall not make good by proof, in such way as your lordships shall direct, doth humbly refer it to the judgment of your lordships, how full of danger and prejudice it is to give too ready an ear, and too easy a belief unto reports or testimony without oath, which are not of weight enough to condemn any. He humbly acknowledgeth how easy it was for him in his younger years, and unexperienced, to fall into thousands of errors in those ten years wherein he had the honour to serve so great and open-hearted a sovereign and mas-hereupon he besought their lordships to consiter; but the fear of Almighty God, his sincerity in the true religion established in the church of England, (though accompanied with many weaknesses and imperfections, which he is not ashamed humbly and heartily to confess) his awfulness not willing to offend so good and gracious a master, and his love and duty to his country, have restrained and preserved him, he hopeth, from running into heinous and high misdemeanors and crimes: but whatsoever, upon examination and mature deliberation, they shall appear to be; lest in any thing, unwittingly, within the compass of so many years, he shall have offended, he humbly pray-journey into Spain, with seeking to convert the eth your lordships, not only in those, but as to all the said misdemeanors, misprisions, offences, and crimes wherewith he standeth charged before your lordships, to allow him the benefit of the free and general pardon, granted by his late maj. in parliament in the 21st year of his reign, out of which he is not excepted; and of the gracious pardon of his now maj. granted to the said duke, and vouchsafed in like manner to all his subjects at the time of his most happy inauguration and coronation; which said pardon, under the Great Seal of England, granted to the said duke, beareth date the 10th day of Feb. now last past, and is here shewn forth unto your lordships, on which he doth most humbly rely; and yet he hopeth your lordships, in your justice and honour, upon which with confidence he puts himself, will acquit him of and from those misdemeanors, offences, misprisions, and crimes wherewith he hath been charged; and he hopeth, and will daily pray, that for the future he shall, by God's grace, so watch over his actions, both public and private, that he shall give no just offence to any." [Here follows the Answer of the Duke to these Grants and Gifts contained in the Schedule referred to in the 12th Article.] After the reading of the above Answer, the duke made a short specch, desiring their lordships to expedite the examination of his cause, and then withdrew himself and departed. Further Proceedings in the Earl of Bristol's prince to popery, and the loss of the Palatinate; he doth charge the duke with plotting with Gondomar, to bring the prince into Spain and to convert him to Popery; and that the duke is in more fault than any other for the loss the Palatinate.-And that whilst he was in Spain, he wrote to the late king of the duke's unfaithfulness; so that it cannot now be said to be a recrimination.-That yet he is restrained and used as a traitor; and contrariwise, the duke of Buckingham, accused of treason by him, (a public minister of state) hath his liberty.— Then he made two requests unto their lordships; the one, that there might be an equality between him and the duke herein; the other, that Mr. Attorney might proceed against the duke upon his accusation; and he would not only prove the duke's unfaithfulness to the late king and his maj.; but that the Narratin which the duke made to both houses in the late parliament is very false." The earl, having concluded his speech, delivered a petition, which was read, in hac verba: "To the Right Hon. the Lords of the Higher earl of Brist t the bar, desi ne one, touching inst bimself; a exhibited b he duke of B s to the king be made a re er of his restran f May 6th, a Treason t the house, we Buckingham, a fiately sentire or treason2 with treason: oriships to ca ed.at mig the might la or that be feas of May last; and besought the lords that he might then give in his Answer to the same; which being granted, it was read in hæc verba: "The ANSWER of the Lord CONWAY to the ELEVEN ARTICLES, delivered against him into the Upper House of Parliament by the Earl of BRISTOL, the 1st day of May. (See p. 88.)" and "traiterously' may be struck out of the Charge; and some such course taken, as to your lordships shall seem meet for the speedy prosecution and bringing of the cause to hearing. 2. That his own and sir Walter Aston's dispatches might be brought into the court, (being his chiefest evidence) to be used for his defence. 3. That if Mr. Attorney, by his reply, shall give the earl occasion to declare, for his justification, such matters of secrecy and mysteries of "I. To the First Article he saith;-He state as are not proper to be divulged; your doth acknowledge to owe a great deal of relordships will then be pleased to move bis maj. spect, love, and service, to the d. of Buckingto signify his pleasure, to whom and in what ham; and doth well remember that a worthy manner it shall be declared. 4. And that the gentleman did invite him to endeavour the Il torser pearl may have leave to come with Mr. Maxwell reconciliation of the e. of Bristol with the duke; and it be to the house, or wait upon the committees when to which also he made answer, That he had €, to be restra he shall find it needful for the prosecution of both affection and readiness to do all the good his cause, attending your lordships leisure. offices in his power, and that for the general BRISTOL." duty which every man oweth to the works of The Petition being read, the earl was with- reconciliation, and for other special motives, drawn, and the house being put into a commit- as being born in one and the same county, of tee, it was read again in parts, and fully debat- long acquaintance, nothing having ever passed ed: The house being resumed, it was read between the persons of the e. of Bristol and again; and these 4 Answers were made unto the lord C. but demonstrations of goodwill, the 4 several parts of the said Petition, and or- and an interest of blood being between dered as followeth, viz.-1. The house to sit the lord C.'s children and the earl, acknowledgto-morrow at 8, and such witnesses to be sworn ing withal many lovely parts and powers in as Mr. Attorney or the earl of Bristol shall pro- him: and it is not unlikely but the lord C. cure; and then the committee to proceed to might say, (according to the ingenuous freetake the examinations; and the Answer to the dom which he useth and cherisheth in himself) rest of this part of the Petition to be deferred that if things should not be reconciled, but break to further consideration, after a full examina- out into opposition between the duke and the d with the princation taken by the committee, and reported to earl, he must then declare his greater love to ing to convert the house. 2. All such dispatches as Mr. At-be to the duke than to him; but this the lord of the Palatina torney shall make use of against the earl, to be C. limited to their particular persons, and used by the said earl for his defence; and the hopes it cannot, by any justice, be interpreted ith plotting into Spahouse to be suitors to the king for any other to stain him as he is a public minister, a inagisdispatches, to be brought hither for the said trate, or a peer of the realm. All offices and nd that the earl's defence, as he shall particularly name. obligations, in those respects, he owes to God er for the st 3. When any such occasion shall be offered, the and the king, but to no subject; and doth whilst he was 1 house will then consider what course to take profess and is confident he hath paid them ing of the dis herein. 4. This is to be granted. hitherto; and hopes in God to continue so with unblameable integrity." if the parlare it might be de gham, be shend eason or not по гестивна wo or three e any charge he recited the large against t unot now be su vet he is restra These being thus agreed and ordered by the I contraris house, and their lordships having also agreed of treason bie unto the the ade crein; Jceed against he would not Iness to the at the Nar th houses in to give the e. of Bristol a reason why the first "II. To the Second Article he saith,-That the artifice the e. of Bristol useth, in mingling ath his Eber part of his said Petition is not fully answered; truth with untruth, makes it hard to clear it the e. of Bristol was brought again before their ht be an lordships, and the lord keeper signified the said orders unto him: and, having read the first, told him, That the house had not fully granted the first part of this Petition, for two reasons, both in favour to his lordship: The 1st. that they are loth to proceed to declare their opinions or judgments upon the bare charge of Mr. Attorney, before the true case appears upon the proofs: The 2nd, for that if they should declare his cause to be Treason, then his testimony against the d. of Buckingham would be weakened; and the lord keeper having read the 2nd 3rd and 4th orders also, the e. of Bristol gave their lordships humble thanks, and so was withdrawn. 19 d his speech, as read, in ds of the Hebr he fumble Per ristol. Our lordships th are, whether the him be Treast ips shall adju e words 'Trave The Lord Conway gives in his Answer to the E. of Bristol's Charge against him.] June 13. The lord Conway put their lordships in mind of several Articles delivered to them by the carl of Bristol against himself, the 1st. without much prolixity; which the lord C. thinks this Article not worthy of, comparing it with the honour and reverence he owes to this great and noble council; yet, by your lordships good favours he gives it this Answer, That he verily believes he never wrote in those terms of being a secretary by the duke's creation; although he never was, nor is, unapt to acknowledge infinite obligations to the duke, for his favours freely conferred upon him; which he was ever, as he is yet, ready to testify by all due attributes and expressions; but for the lord C. to have acknowledged this in those terms, had been to have forgotten what he owed to his gracious master of glorious memory; who when he gave him the seals, in the presence of divers lords of the council (the duke being also present) told him, and took the duke to witness, that it was his own proper choice to make my lord C. his secretary: yet it may well be when our now gracious king and the duke were in Spain, his late maj. having | soon as he received the warrant, he obeyed it, commanded the lord C. to write, that they without any clause or limitations more than both might know it, that he had appointed the king commanded; and that he delayed not him only to be secretary to receive the dis- the dispatch of it." patches from thence and return the answers, that he might then write to the duke that he was his secretary: and as to the beginning of the lord C.'s letters, with Gracious Patron, which the e. of Bristol is pleased to note, it is true that, ever since the king gave him the creation of duke (which carries the style of grace) the lord C. hath given him that title, with the addition of patron; with as true and plain a heart as it is given ordinarily in other countries, without particular intention or meaning: and the first time that ever the lord C. gave this style, was, when his late maj. told him, he must in his letters give the duke the style of grace; and that this letter he showed to his maj. and 20 others of the same style, and his maj. neither reproved it nor forbid it." "III. To the Third Article he saith;-That it is a scandalous Article without foundation; and that the lord C. never did any thing to keep the c. of Bristol from his late maj.'s presence, but by express commandment from his maj. which, as he was secretary, he con ceives to be sufficient warrant." "IV. To the Fourth Article he saith;-This is in all a scandal; and in one part unthankfully and untruly wrested; for Mr. Grisley, coming to the lord C. under the pretext of faith and confidence, for advice, to know of him whether it might be safe for his lord, upon consideration of several restraints and leaves, to come to London to follow his business; hereupon the lord C. answered him in the presence of God (as a man that would not betray another to save his own head) that he thought he might not safely come without leave from his maj.; but this advice he gave as a friend, not as a secretary, nor any way from his maj. or in his name." "V. To the Fifth Article he saith,-He denies the Charge in general; and, for that part, touching his speaking with the duke, he remembereth that the earl of Bristol did, in the postscript of a letter, desire him to move his maj. in that point; but the lord Conway conceiving the state of affairs to stand so between the earl and the duke, that good respect required that an office of grace to the earl should not pass without the knowledge of the duke, it is possible he might stay the opportunity to acquaint the duke; it being no part of his duty to his master of glorious memory, but a thing free in the choice of him, the lord C. to do or not, and further, the lord C. doth verily believe, that he was informed that it was the desire of the earl that the duke should be made acquainted with it."-To the rest of this Article he answereth, "That it gives him, the lord C. the first notice of any displeasure taken by his late maj. against him, for not moving him; or that he should call the denying the earl leave a barbarous act: and the lord C. denies that he retarded the leave from his maj.; but so "VI. To the Sixth Article he saith;-It appears by the e. of Bristol's acknowledging that he was directed to the lord C. for his business, that the king had not found any fault in the lord C.'s handling of the e. of Bristol's occasions, as is alledged in the 5th Article; and for the lord C.'s refusing to do any thing without the duke, it is true that the duke beng so far engaged by the relation he made to both houses of parliament, in the presence, and with the assistance, avowal and testimony, (in inany things) of the then prince, now our gracises king; his late maj. commanded the lord C, that nothing should be moved or done in the e. of Bristol's business, without the knowledge of the duke." "VII. To the Seventh Article he saith,-It is true that commissioners were appointed t forming the Charge against the earl of Bristol, in sundry articles; which were the longer m handling by reason that some of the committee were at London, for occasions of the king's ser vice, and the lord Conway tyed to attend the court; yet the lord C. did come expressly to London, to attend the committee, to give that business the greater expedition; and doubteth not but the commissioners will witness that the lord C. did shew all manner of forwardness to give speed to that work: and as touching the king's promises, the lord C. knows not any thing of them, but he well knows that the king bestowed the reading of all the Charge, and Answers, both at large and in brief, as they were made by the earl of Bristol and drected to his maj.; and doth verily believe, that if the earl of Bristol's Answers had been so full as to have admitted no reply, his maj. would have presently put an end to the earl's business; especially if he had promised it, as is alledged. Touching the commissioners De claration, the lord C, never heard any one of them declare himself satisfied; and the earl of Bristol's Answers being given to the king, a was in his majesty's heart and pleasure to give directious; which, if the lord C. had ever received he would have obeyed them; but the commissioners had done their work in forming the Charge; and for ought the lord C. knows, had neither warrant or matter to proceed farther upon. The lord C. knows of no arti fice of the duke of Buckingham, to the ends mentioned in this Article; nor was ever made acquainted with, or believes there was any; and, for himself, when the supposed articles are made appear, as is undertaken, the lord C. will be ready to make his just Answer." "VIII. To the Eighth Article he saith:He never know or heard of any such solemn protestation of the king, touching the adinitting of the e. of Bristol to his presence; but his late maj. told the lord Conway, That there was further Charge to be laid against the said earl, which, perhaps, the lord C. might accordingly |