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Conclusion; "And the said commons, by protestation, saving to themselves the liberty of -exhibiting, at any time hereafter, any other Accusation or Impeachment against the said duke, and also of replying to the Answers that the said duke shall make unto the said Articles or to any of them, and of offering furthnr proof also of the premisses, or of any of them, as the case shall (according to the course of parliament) require, do pray, that the said duke may be put to answer all and every the premisses; and that such proceeding, examination, tryal and judgment, may be upon every of ihem had and used, as is agieeahle to law and justice."
The Duke of Tuckinpham charges sir D. Dig^s Kith tiestimable Words at tfieforepoi.'g Coiyerencr.'] After the Report of the duke's Charge was made to the lords, his grace rose up and alfirrned to the house, "That some words were spoken at the late conference by sir Dudley Dugs, which so far trenched on the king's honour, that they were interpreted treasonable^! And that, had he not been restrained by the order of the house, he would have reprehended linn for them. lie, therefore, earnestly desired, because that divers constructions had been made of those words and variously reported, that the eight lords w ould he pleased 10 produce their notes taken at the said conference."—This motion occasioned a long debate, the house being often put into n committee and resumed again, till, nt last, 39 lay-lords and 0 bishops, though there was no order for it, made a voluntary protestation, upon their honours, "That the said sir Dudley Diggs did not speak any thing at the said conference, which did or might trench upon ihe king's honour; and, if he had, they would presently have reprehended him for it."—Thcioid president, the earl of Mam liestcr, affirmed, That he had reported the words in the same sense they were delivered unto him by the party himself; and, though the dislocation of them required to be explained, yet he agreed w ith the rest of the lords for the party's good meaning, and made the same protestation. Some other lords affirmed, 'J hey did not hear them at all; others said, They would make no protestation until they were commanded by order; and only one, the carl of Holland, thought the words w ere lit to be explained and the party questioned about them.— This is ali that is said, in the Lords Journals, relating to sir Dudley Diggs's Case; for sir John Elliot's did not rome before them. We snail now return to the Proceedings of the Commons, and learn how this business went ou there. ■ •
Thr Commons resent the Imprisonment of Sir J). Difigs, and Sir J. FMiotA The commons highly resented the imprisonment of their two members; and, May r.'th, actually resolved, "Noi to do any more business ti:( they were lighted in their Priviitgcs." Sir Dudley Carl
ton, vico-cLamberlaH) of the houshold, observing a sullen silence, as he termed it, in die house, began a speech in order to bring them to better temper. The heads, oi this speech are entered in the Commons Journals of this day. Mr. Rushvvorlh hall) given it at length, in these words.
Sir Dudley Curlton's Speech on that Occasion.] "I iind, by a great silence in this house, that it isn lit time to be heard, if you please to give me the patience. I may very fitly compare the heaviness of this house unto seme of my misfortunes by sea in my travels: For as we were, hound onto Marseilles, by oversight of tlie mariners we mistook our count, and by ill fortune met with a sand: That was no sonatr overpast, but we fell on another; and having escaped this likewise, we met with a third, and in that we stuck last. All of tlx' passengers being much dismayed by this disaster, as now we arc here in this house, for the loss of those two members; at hist an old experienced mariner, upon consultation, affirmed, That the speediest way to come out from the sands, was to know how we came there: So, w ell looking and beholding the compass, he found by going in upon such a point we were brought into that strait; wherefore we must take a new point to rectify and bring us out of danger.—Thishousc of parliament may be compared to the ship; the sands Io our messages; and the commitment, to the sands that the ship did stick fast in; and lastly the compass, to the table where the hook of orders (hull lie. ''hen I beseech you Ictus look into the book where the orders are, w hethrr the gentlemen did go no further tlr.m the order did warrant them. If they did not, it is fit that we should defend them whom we employed in our behes.'.- ■ But if they have exceeded their commission, and deiivc red that which they hud not warrant for, it is just th.it we let them suifer for this presumption; this our course will
brine us from these rocks.
not his maj.
1 beseech you gentlemen, move with trenching upon his prerogatives, lest you bring him out of love with parliaments.. }ou have heard his maj.'s often messages to you, to put you forward in a course that will be most convenient. In those messages he told you, That if there were not correspondency between him and you, he should he inferred to use new counsels. Now I pray you consider what these new counsels are. and innv be: I fearto declare those that 1 conceive. In all christian kingdoms you know that parliaments were in use umiently, by whichtheir kingdoms were governed in a most flourishing manner, until the nionarchs began to know their own strength; and seeing the turbulent spirit of their parliaments, at length they, by little and little, began to stand upon their prerogatives, and at last overthrew the parliaments throughout I hristendoni, except here only with us.— And indeed you w ould count it a great misery, if you knew the, subjects in foreign countries as well as myself, to see them look not like our nation, with store o!Tlc;L on their backs, but like so many ghosts, and not men, being nothing butskin and bones, with some tliin cover to their nakedness, and wearing only wooden shoes ou their fort: so that they cannot cat meat, or wear good clothes, but they must pay aud be taxed unto the kins; for it. This is n misery beyond expression, and that which yet we are tree trout. Let us he careful then to preserve the kind's good opinion of parliaments, which bringeth this happiness to this nation, and makes us envied of all others, while there is this sweetness between his maj. aud his commons; lest we lose the repute of a free-born nation, by lurbulcncy in parliament. For, in my opinion, the greatest aiu! w isest part of a parliament are those that use the greatest siience, so as it be not opiniativc, or sullen, as now we are by the loss of these onr members that are committed.— 1 his good con'espouiieucv being kept btti" fen the king und his people, will so ji'in their iove find favour to his unj. witii liking of parliaments, that his prerogative shall be p:t served entire to himself, without our treucbing upon it; and also the privilege oi the sulject (which is our happiness) in violated, and both he maintained to the support of cachotiier. And I told you, ir you would hear me patiently, I would tell yon what exception Lis maj. doth take at tho^e gentlemen that arc committed. You know that eight members were chosen to deliver the Charge against the duke, but there were only 6 employed for that pur-, pose; and to these there was no exception. As for sir D. Diggs's part, that was the prologue; and in that his niaj. doth conceive that lie went too far beyond his commission, in pressing the death of his cv.-blessed lather in these words, That he w.i« commanded by the house to say concerning die plaisler applied to the king,' '1 hat hf. did fqrbenr to speaU further in regard of the king's honour,' or words to that effect. Ibis his lnaj.-cor.cciieth to be to his dishonour, as jf there had been any underhand dealing by his maj., in applying of the plaistt:; and this may make his subjects jealous of bis doings: In this point his maj. is assured that the house did not warrant him. Now for that which is excepted against sir John Flliot, his over bitterness in the aggravation upon the whole Charge, aud specially upon some of the heads of it, as I never heard the like in par
him the title of ' This Man,' and 1 The Man;' whereas the others observed more respect and modesty in their Charges against so great a person us the duke is, considering that then he was not convicted, hut stood rectus in curia. Lastly, for pressing the death of his late maj. you know that, the sense of the house concluded, That it was only an act of presumption; nay, some .if them expressly said,' Nay, God forbid, that I should lay the death of the king to his charge.' If he, without warrant from the house, insisted upon the composition of the plaistcr, as if there were aliquid latet quod non patet; this was beyond his commission from our house, aud this is that which \m inaj. doth except against: and this, I say, drew his maj. with other insolent invectives, to use his legal authority in committing |hem to the Tower. I move therefore, for a grand committee to consider of the best remedy to get us out of this strait."
The Commons' Protestation relating to sir D. ■ Diggs.l May 1U. Mr. Holies, from tl>e committee appointed by the house, reported, "That the words spoken by sir D. Digns, against which his maj. had taken exception, were, That he should say, by the command of the house, on the particular of the ptaister applied' to the body of the late king, 'That be did forbear to speak any further, in regard of the king's honour;' orwordsto thateffect.'' And that the committee had resolved, "That a solemn' protestation should he made by every member of the house, absent or present, agahist their giving consent to the speaking of any such words. The form of which was as fullowcth: 1 I protest, before Almighty Cod and this house of parliament, that I never gave consent that sir I). Di_rgs should speak those words w hich he is now charged withal, or any words to that elicit; and I have not affirmed to any that he did speak such words, or any to that effect."
The tuo Members are discharged hi/ the King.] But the kiiii having been better satisfied of sir D. Diggs's innocency in this respect, released him from the Tower; and the day after he took his scat in the house. He there made it protestation, ' That the words charged on him were so far from being his words, that they
liaruent before; but I have indeed heard the | never came into his thoughts; what had led the like when a criminal Whs indicted, or accused j king into this error, was common report;' and at a bar. Kor if you please to remember,1 afterwards sending for 5P or (5 note-hooks,
they seemed to confirm: it. But the Case of sir John Elliot wus somewhat different; though this gentleman was released from his confinement nearly as soon as the former.
Di hatc on the Releasement of sir J. Elliot.] May16. The chancellor of the exchequer delivered a message from the king to the house, 'That the king was very careful not to enter upon their privileges, good testimony of which he had given by his proceedings with sir ]). Diggs. But that the business of sir J. Elliot was of another nature; and although his nut), by the information given him, disliked the whole manner of his delivery of Unit which
when I moved tor putting of the St. Peter of Newhaven out of the Charge against the duke, and shewed mv reasons for that purpose, you know how tender sir J. Elliot was of it^ns if it had been a child of his own; and «o careful iu the handling thereof by a stranger, that he would not suffer it to be touched, though with never so tender a hand, for tear it tni-iit prove a changeling; which did manifest, how specious soever his pretences were, that he had ocul'im in cauda: And I Inust confess, 1 was heartily sorry, when hc'dtliverc d his aggravation to the lords, to see his tartness against the duke; when fc be had occasion to name bun, he only gave
he had commandment from the house to speak, yet the king charged sir J. Elliot with things extrajudicial to that authority.. He therefore wished they would proceed on chearfully with tliu business of the house, resting upon this, that the king would, by no means, violate anv of their privileges.'—But it being desired by some, That the word extrajudicial might be explained, Air. chancellor said, 'It was the king's own word, and therefore lie could not do it, without his maj.'s leave. But he would move the king for it, and then willingly satisfy the house about it.' The consideration of this message was deferred to the next day; unci, by general voice. Mr. Herbert, Mr. Selden, Mr. Glnnvillc, Mr. Shetland, Mr. Pym, and i Mr. Wandcstbrd, were cleared from having | exceeded their commission, given them by the house, in any thing winch passed from them in the late conference with the lords.
May 20. A motion was made in the house concerning sir J. Elliot, whether he should come and sit there, having been rharged with high crimes extrajudicial to that house. The ministers allowed of his coming; and accordingly sir John having taken his place,
Mr. Vice-Chamberlain stood up and said, "That he did not charge him with crimes, hut only gave him an occasion to discharge himself of whatsoever might be objected against him, for any thing which passed from him at the conference. That all the other 7 managers used respective words iieainst the duke; but for the manner of his speech, it was thoucht to he too harsh and tart towards the person of his grace. First, in the matter; representing a character of the duke of Buckingham's mind, comparatively with a strange beast called Steiiiunalus; which was not in the Charge against hilt). Next, in saying something contrary to the m:nd of the house; as his not knowing of llic return of the ships out of Franco, 'They say they are conic, but I know it not:' Which mishr be conceived to hen doubt of the house; since he said, That in obedience to the house he spoke it. His phrase of 'That man,' in all languages is accounted base, and a great indignity to be used to persons of honour. That his offence sounded very ill abroad in making historical comparisons. As of Sejauus; of the bishop of Ely ; that lie was audax, superbus, adulator; and, speaking of Scjnnus, s iid, he would not touch his vcncficcs aud veneries; wherein he was conceived to aim at the duke. In the main, That he en' oil'the words of t he last Charge, with a quotation out of Cicero; as it some things were in the charge covered, which w ere not yet discovered. And all this contrary to his directions from the house."—To this accusation,
Sir Julm Elliot replied, " That he gave thanks to Mr. vice-chamberlain, for his plain dealing with him, and ministring occasion for him to clear himself. He desired that the complaints atainst him might be particularly charted, that he might answer them one by oae distinctly. And moved, that if any other
in the house could charge him further, they would now do it, that he might answer them severally. 1. For the word Stellionatus: that for his honours, offices, ccc. he sailed with his ambition; but for his deceit and fraud, because no word could decypher it, he used the word Stellionatus; which is a beast of so many colours, as, one beholding of it cannot tell what colour it if. The instances herein were, his fraud, in drawing money from the merchants: his getting them to send their ships into Franco there to be trapped: to abuse the king therein, and also the parliament: all these under the word Stellionatus. 2. For his sarins, 'he knew not that the ships were come, and that in obedience to the home ;' he confessed he did not know, though he did hear they were returned; for it was true, he heard it in that hou?e; but neither then, nor now, knoweth it certainly. 3. For the words, 'The man;' he said he spoke not by the book, but suddenly. That he did oft give the duke his titles, but for brevity's sake, he used the words, 'the man;' which is irtcd in all languages, as illc & ipse. He thought it not fit at all times to reiterate his titles; and yet thinketh him not to be a God. 4. For Sejanus and the bishop of Ely; for the first he had paralleled him in four particulars. Nor did he apply the veneries and veneficcs of Sejanus to bun, but •xcluded them. If applied by the duke to himself, he prayed, that his misapplication might not make that, which lie never intended, to be his fault. To the bishop be compared him for the exhausting and luxurious employing of the king's revenue; conferring honours upon obscure persons, his boldness; « percat ne oinnes pereant. But he protested that in none of these examples, he meant to parallel times to these, nor any other person but to the duke. For the cutting oiT the last Charge in the Words of Cicero, he said, this fell not from him in the conclusion; to evince which, be related the particulars, and, as he remembered, the very syllables of what he had then said. For the manner of bis speech; as having too much vigour and strength; be said, he could not excuse his natural defects; but he then endeavoured, and ever did in this house, to avoid passion; and only desired to do his duty with the best life he could. .And, for exceeding bis cortrmission; he desired to understand the particulars wherein, and then lie would give an answer."
After sir John Elliot had ended his justification, he withdrew, of himself, the hou-e refusing to order it. And it was resolved upon the question, " That sir John Elliot had not exceeded the commission given him by the house, in any thing which passed from him in the late conference with the lords.' The like was done for sir D. Diggs; and both without one negative.
We shnll now return to the Proceedings of the Lords in the beginning of this parliament, in order to take notice of tlie imprisonment of a Peer, which occasioned a general ferment at that time, and created much disturbance in that house.
Proceedings In The House Of Lords RelaTive To The Imprisonment Of The Earl Of Arundel During The Session.
On the 1-Hh of March the king had committed the earl of Aruudel to the Tow er, but the cause of his commitment w as not expressed.* 'I he lords were highly discontented 'it his commitment in time of purlinmrnt; and thereupon resolved 'to take the same into their consideration; and so to proceed therein, as tu give no just cause of offence to his majesty, and yet preserve the privileges of parliament.' This gave occasion to the following Messages, Petitions, Answers, and Kcplies; which, as an affair of so great consequence to the peerage, we shall give iu a regular series, without the intervention of any other matters.
March '24. The lord keeper signified to the huuse, that he w as commanded to deliver this Message from his maj. unto their lordships, viz. " That the earl of Arundel was restrained for a misdemeanor w hich was personal to his njiij. and lay in the proper knowledge of his maj. and had no relation to matters of parliament." Hereupon the house was put into a committee; and being resumed, the lords subcommittees for privileges, &c. were appointed to search for precedents concerning the commitment of a peer of this realm, during the time of parliament: and the lord chief justice (sir Randolph Crew) Mr. Justice Dodderige, and Mr. Justice Yelverton, were appointed to aitPiid their lordships in that behalf.
March 15. The lord treasurer delivered a Message from theking, in hseevcrba: " Whereas, upon a motion made by one of your lordsl'ips, the lord keeper did yesterday deliver a Message from his maj. That the earl of Arundel "as restrained for a misdemeanor which was personal - to his maj. and lay in the proper knowledge of his maj. and had no relation to nutters of parliament: bis maj. hath now commanded me to signify to your lordships, that he doth avow the Message in sort as it was delivered, to have been done punctually, according to his majesty's own direction; and hcknowetii tliat he hath therein done justly, and not diminished the privileges of that house." And, Ucause the committee appointed to search for precedents, &c. had not yet made any report to the house, therefore the decision of this business was suspended for that time.
April 5. The earl of Hertford made Report to i he house, 'That the lords committees for pritilcgcs had met; and that the first question that arose among them was, Whether those proxies nereofany validity which are deputed
* Mr. Rushworth tells us, ' It was conceived to be about the marriage of the lord Mai tracers, the earl's eldest son, to the young duke n Lenox's sister, which w as brought about by the contrivance of the countess of Arundel and the old dutches* of Lenox.'
to any peer, w ho sittctli not himself in pnrliai ineut? And it was conceived that those votes I were lost: whereupon the committee found this house to be deprived of 5 suffrages by the absence of the earl of Arundel, unto whom they were intrusted : and the committee findj ing by the Journal-Hook, thai the sub-committee, which was appointed to search precedents for privileges concerning the commitment of a peer iu the time of parliament, had not yet made report to the house : anil then considering together their notes of precedents whereof they niBde search, found that no one peer had been committed, the parliament sitting, without trial of judgment of the peers in parliament; and that one only precedent of the bishop of Winchester, in the book-case, in the reign of Edw. 3. which was here urged, cannot be proved to be in parliament-time; and this the lords of the grand committee thought fit to offer to the consideration of the house."—Hereupon the house was moved to give power to the lords sub-conimiltecs for privileges, &c. to proceed in the search of precedents of the commitment of a pe er of this realm during the time of parliament ; and that the king's counsel might shew them such precedents as they have of the said commitment: and that the sahl sub-committee may make the report unto the house at the next access. All which was agreed unto, and these lords were called unto the said sub-committee, viz. the lord treasurer, lord'president, .d. of Buckingham, earls of Dorset, Devon, and Clare, vise. Wallingford, vise. Mansfield, and lord North; the king's counsel wore also appointed to attend thesa lords.
April 28. The lord president reported the proceedings of the said sub-committees for privileges, &c. upon commitment of the earl of Arundel, viz. "That the king's counsel had searched and acquainted the lords sub-committees with all that they had found in records, chronicles and stories,concerning this matter: unto which the said lords sulHcunmiittces had given full answer, and also shew n such precedents as did maintain their ow n rights."—Tin precedents being read, it was resolved upon the question, by the whole house, turn. diss. That the privilege of this house is, That no lord of parliament, the parliament sitting, or within the usual time of privileges of parliament, is to be imprisoned or restrained without sentence or order of the house, unless it be for treason or felony, or refusing to gi.e surety of the peace." And it was thereupon ordered, That the said lords sub-cominittees forpiivilegcs, iScc. or any 5 of them, shall meet this afternoon, to consider or a Remonstrance and Petition of the peers concerning the claim of their privileges from arrests and imprisonment! during the parliament: which wis conceited by the lords sub-committees for privileges, according to the order of the house, and was read openly, viz.
"May it please your majesty: We the peers of this your realm, assembled in parliament, finding the carl of Arundel absent from bis plate, that sometimes in this pari, sat amongst lis, his presence was therefore called for: but thereupon a Message was delivered unto us, from yourmnj. by the lord keeper, that the earl of Arundel was restrained for a misdemeanor which was personal loyourmaj. and had no relation lo matters of parliament. This Message occasioned us to inquire into the acts of our ancestors, and what in like cases they had done; that so we might not err in any dutiful respect to your maj. and yet preserve our right and privilege of parliament. And after diligent search both of all stories, statutes and records, that might inform us in this case, we find it to be an undoubted right and constant privilege of parliament, That no lord of parliament, the parliament sitting, or within the usual tiines of privilege of parliament, is to be imprisoned or restrained, without sentence or orjcr of the house, unless it be for treason or felony, or for refusing to give surety for the peace. And to satisfy ourselves the better, we have heard all that could he alledgcd by your mnj.'s counsel learned at law, that might any way weaken or infringe this claim of the peers; and to all that can be shewed or alledgcd, so full satisfaction hath been given, as that all the peers of parliament, upon the question made of this'privilege, have, una voce, consented, That this is the undoubted right of the peers, and hath inviolably been enjoyed by them. Therefore we. your inaj.'s loyal subjects, and humble servants, the whole body of the peers now in parliament assembled, most humbly beseech your m;'j. that the earl of Arundel, a member of this bodv, may presently be admitted with your gracious lav our to con.e, sit, and sen e your maj. and the common-wealth in the great affairs of this parliament. And we shall pray, eVc."
This Remonstrance and Petition to the king was approved by the whole house, who agreed, that it should be presented by the whole house to his maj.; and it was further agreed, that the lord president, the lord steward, the carl of Cambridge, and the lord great-chamberlain, should presently go to the king to know his majesty's pleasure when they shall attend him. These lords returning, the lord president reported, that his maj. had appointed the next day for the whole house to attend him with the said Remonstrance and Petition, in the chamber of presence at Whitehall. And it was agreed, That the lord keener should then read the same to the king, and present it to his majesty.
April 20. The lord keeper reported the king's Answer accordingly, viz. "My lords, ye have spent some time in this business, and it bi ing of some consequence, I should be thought rash if I should give a sudden Answer therein; and therefore I will adv ise of it, and give you a full Answer in convenient time."
April 21. It was ordered that the house should he called over on the 24th, which was done accordingly; and the earl of Arundel's name being called, the lord keeper signified unto the hoJse, that his maj. had taken into consi- j
deration tlve petition exhibited by their lordships on the 19th, concerning the earl, and will return an Answer thereunto with all expedition.
May 2. It was ordered that the lord keeper should move his maj. from the house, for a speedy and gracious Answer unto their Petition on the earl of Arundel's behalf: and on the 4th the lord keeper signified unto their lordships, that according to the said order, he had moved his maj. from the house on the behalf of the said carl, who answered, "That it is a causewiu rein he hath had a great deal of care, and is willing to give their lordships satisfaction, and hath it in his consideration how to do it; and hath been interrupted by other business, wherein Mr. Attorney hath had occasion of much conference with him (as their lordships are acquainted): but will with all conveniency give their lordships satisfaction, and return them an Answer."
May 9. The house being again moved to petition the king touching the earl of Arundel, certain lords were appointed to set down the form of the said Petition; who reported t!i« same in writing, viz. "May it please ycrur majesty; Whereas the w hole body of the peers now assembled in parliament, did, the lPth day of April, exhibit to your maj. an humble Remonstrance and Petition concerning the Privilege of the Peers in Parliament, and in particular touching the earl of Arundel; whereupon we received a gracious Answer, that in convenient time, we should receive a full Answer, which we hav e long and dutifully attended: and now at this time, so great a business being in handling in the house, w e are pressed by that business, to he humble suitors to your maj. for a gracious and present Answer."—This being read, was approv ed of by the house, and the said committee appointed to present the same unto his maj. from the house, at such time as the lord chamberlain shall signify unto them, that his maj. is pleased to admit them to his presence.
May 11. The lord president reported the king's Answer to the said Petition, v iz. " I. did little look for such a message from the house; I have been of the house, and did never know such a message from the one house unto the other: therefore when I receive a message fit to come from you to your sovereign, vou shall receive an Answer." The lord president further reported, That the lords committees appointed to deliver the Petition *o the king, did thereupon withdraw, and require him humbly to desire his maj. to be pleased to let them, know unto what point of the said petition be takes this exception; and that his mnj. willed him to say this of himself, viz. "The exception the king takath, is at the peremptoriness of" the term, to have a present Answer; and the king wonders at their impatience, since he hath promised thera an Answer in convenient time." Hereupon the house altered their former Petition, leaving out the word 'present,' and a ppoin ted the former committee humbly to deliver the. same to his majesty.