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May 13. Tlie lord president reported the king's Answer to the Petition, viz. "It is true your word' present,' was somewhat strange unto me, because you do not use it from one house to another; but now, that I know your meaning, you shall know this from me, that you shall have my Answer so soon as conveniently I can; and this I will assure you, it shall be such an Answer as you shall see I will not trench upon the privileges of your house."
May 17. Their lordships being moved to rcneiv their humble Petition to the king in fafour of the earl of Arundel, a Committee was accordingly appointed to draw up the same, which was as follows :—
"May it please your majesty; The cause that moves us now humbly to atteiid your maj. in our whole body, as at first we did, is because we observe that the house of commons lime speedily received a member of theirs being committed.* We the peers being ambitious to deserve.of your maj. and to appear to the eye of the world as much respected in our rights and privileges as any peers or commons have ever been, acknowledging you a king of as much goodness as ever king was; do now ajain humbly beseech that the earl of Arundel, a member of our house, maybe restored to us; it so much concerning us in point of privilege, that we all suffer in what he suffers in this his restraint."—The above Petition was ordered to be presented at such time, as the lord chamberlain should signify his majesty's pleasure to admit their lordships to his pre>ence.
May 19. The Lord Chamberlain signified » their lordships, that his maj, being ac]oainted therewith, is pleased that this house »t'end him at a this afternoon, at Whitehall. The next day the king returned this Answer:— 'My lords; I see that in your Petition you icltnowledge me a king of as much goodness « ever was; for which 1 thank you, and I will tudeavour, by the grace of God, never to dewie other: but in this I observe you contralict yourselves; for if you believe me to be iuch as you sav I am, you have no reason to nistrust the sincerity of my promises: for, •hereas upon often petitions made by you into me concerning this business, I have pronised to give you a full Answer with all con'L'nicnt speed: by thus again importuning tif i ne, you seem to mistrust iny former promises; TMt ;t may be said there is an emergent cause, '"r that I have delivered a member of the ower house. In this, my lords, by your favours, you arc mistaken, for the causes do no »ay agree; for that he that was committed of he h. of commons, was committed for words ipolcn before both houses; which being such ul had- just cause to commit him, yet, bemuse I found they might be words only misplaced, and not ill meant, and were so connived b^ many honest men, I was content, ipon this interpretation, to release him, with
out any suit from the lower house; whereas my lord of Arundel's fault was directly against myself, having no rclution to the parliament; yet because 1 see you are so impatient, 1 will make you a fuller Answer than yet I have done; not doubting but that you willre^t contented therewith. It is true 1 committed him for a cause which'most of you know; and, though it had been no more, I had reason to do it; yet, iny lords, I assure you that I have things of far greater importance to lay to his charge, which you must excuse me for not telling you at this time, because it is not yet ripe, and it would much prejudice my service to do it. And this, by the word of a king, I do not speak out of a desire to delay you, but, as soon as it is possible, you shall know the rause, which is such as I know you will not judge to be any breach of your privilege; for, my lords, by this I do not mean to shew the power of a king by diminishing your privileges.
This Answer being read again, it was ordered, " That the committee for privileges should meet, and consider how to proceed farther, with dutiful respect to his maj.; and yet so as it may be for the preservation of the pri* vileges of the peers of this land, and the liberties of the house of parliament."
May 24. The lord president reported the Petition agreed on by the lords committees for privileges, ccc. in lisec verba:—" May it please your most excellent majesty; Whatever our care or desire is to preserve our right of peerage, yet it is far from our thoughts either to distrust, or press any thing that stands not with the affection and duty of most dutiful, loyal, and loving subjects: and therefore in all humility ne cast ourselves before your maj. assuring ourselves in that sacred word of a king, that with all possible conveniency, your maj. will please either to restore the peer to his place in parliament, or express such a cause as may not infringe our privilege."—This Petition was generally approved, and ordered to be presented to his maj. by the whole house; and the carl of Carlisle and the lord Conway were sent to know the king's pleasure when they shall attend his maj. Who, being returned, reported, That his maj. had appointed that afternoon for the same.
May 25. The lord keeper delivered the king's Answer as follows;—" My lords; Your often coming to me, about this business, made, me somewhat doubt lest ye did mistrust ine; but now since I see ye rely wholly on me, I assure ye it shall prevail more upon me than all importunities: and if ye hud done this at first, I should have given ye content. And now I assure ye, 1 will use all possible speed to give ye satisfaction, and at the furthest before the end of this session of parliament."—This being read the 2nd time, the house was moved, That all business might he laid aside, and that consideration might be had how their privileges may be preserved to posterity. And the house was put into a committee lor the freer debate thereof, and afterwards resumed; and it was ordered, That the house be adjourned till to-morrow, and all business to cease.
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 hi* last Answer should be mistaken: and tor the better •leaving of his intention, hath commanded him to signify unto their lordships his further Answer, which is, That their lordships last Petition was so acceptable to his ninj. that his intent was then, and is still, to satisfy their lordships fully in what they then desired."—Hereupon it was ordered, That ;dl business be adjourned till that day se'nnight. 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: hut 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 nie to deliver unto your ldps. a Message touching the carl of Arundel: that his maj. hath thought of that business, and hath adwsed 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 move cheerfully proceed 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 cither decline 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 pood cause to expect, 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 betw een 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; syid being resumed, it was agreed, That all business should cease, but this of the carl 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 3. The lord keeper delivered this Message from the king, viz. "That in the mutter concerning the earl of Arundel, his maj. Iiath been very careful and desirous to avoid all jealousy of violating the privileges of this house; that he contitiucth still of the same mind, and doth much desire to find out sonic expedient, which may satisfy their lordships in point of privilege, and yet not hinder his maj.'s service in that particular. But, because this will require some time, his maj. though his great affairs ■re urgent and pressiug, is unwilling to urge their loid-ihips to go on therewith, till his nnj. hulu thought on tut uther -. and therefore
hath commanded him to signify his pleasure, That his maj. is contented theirlordships adjourn the house till Thursday next; and in tin mean time bra maj. will take this particular business into farther consideration." Hereupon 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
June 8. The lord keeper delivered this Message to the lords from his maj. viz.—"That on Saturday last his maj. sent word to the house, That by this day he would send them such an Answer concerning the carl 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 th« house, did render his humble thanks unto hit 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 inaj.*-Having thus fully related tbe proceedings of both houses, on this important point of privilege, the imprisonment or restraint of their members, we return to the affair of tin earl of Bristol.
The Ansicer of the Lords to the King's Me> sage concerning alUucivi: Counsel to the Eurl 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 courfr scl in his trial. And, upon some former orders 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. bad lately sent to them a Message concerning th» 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 prejudice any fundamental law of the realm; for, in | t'.e parliament of the 28nd of his maj.'s blessed I father, a general order was made touching tti« ! allowance of counsel to delinquents questioned ■ in parliament; at the voting whereof his maj. then prince, was present; und that order extended further than this late one tor the earl i of Bristol."
The King's Reply.] May 17. The lord keeper brought a reply from the king to the said Answer, viz.—" That his maj. had advised of it, and as he considered that himself had recommended this cause to their honour and justice, although he knew that by the fundamental laws of the land, or custom and use of parlialiaincnts, counsel was not to be allowed to a person accused of hij;h troaion; yet, since bis 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, an<l wellalfected to Spain. Tor 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 sen ices to the present king, his lather of blessed memory, and to the state."—Then he delivered in his Answer, written on paper, but desired that it might be engrossed on parchment, which he said had been done but forwaut of time. 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 tilt the w hile, and explaining or enforcing any part thereof.
"The Axswrit 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 bis maj.'s behalf, in the most high and honourable Court of Parliament, before the king and the lords there."
"The said earl not acknowledging any of the supposed treasons, crimes, offences, or contempts, wherewith he is charged in and by the said Articles, to he true; and saving to himself all advantage and benefit of exception, to the uncertainty and insufficiency of the said Articles, and several Charges in them contained: and linmbly praying that his cause may nut sutler for want of legal form, w hereunto he hath not been inured; but maybe adjudged according to such real and effectual grounds and proofs, as may be e\pectcd from an ambassador, the ground of the charge growing thence: and that he may have leave to explain himself and his own meaning, in any thing that may stem to admit of a doubtful construction, for Answer saith as follovveth;
T. To the First Article ho saith, "That he didnot advance or further the design of the king of Spain against our late sovereign Jord the king, his children, friends, and allies; or traiteroosly, falsly, wilfully, or as a traitor to our late sovereign lord the kmg, by any letters, or other messages, sent in the years 1621, 2, 3, or at any other time,inform, advise,or assure the said late king, that the emperor and king of Spain, or either of them, would really, fully, or effectually make restitution, or plenary restoration, to the count Palatine and his children, of the dominions, territories, ami 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 formcilv propounded
maj. might at his own pleasure descend from nis own right and prerogative; and that it may ear tu all the world that bis maj. in his gracious goodness, is pleased to allow the earl of Bristol all ways of defence, in a more ample measure than is due unto him bylaw; he is content, and doth hereby give full licence, that, in thij 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 2<!iid of his blessed father's reign; he remembered that upon the occasion of [he carl of Middlesex's cause, which was only criminal and Bot capital, an order was made in the house, which his maj. never, until oow, conceived to extend unto causes capital; ind he is well assured, that neither the judges »erc advised with in making that order, nor his la'.c 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 Jifvisc further thereof, and then would send igain to their lordships touching the geucral.— .'foil the hearing of this answ er from the king, lie lords ordered that Mr. Serj. Hedley, Scrj. )ramston,Serj. Crawley, and Mr. Anthony Low, liould he allowed as Counsel, to speak and lead for the carl of Bristol.
Orders relating t» the Duke of Buckingham's "rio/.J Tlie same day the duke of Buckingam moved the house, to know whether he tould answer the whole Charge, exhibited by ie Commons against him, or such parts thercf only as their lordships should appoint: also, hether he should answer the Aggravations of le commons, reported to this house? which c was desirous to do, that he might clear all tatters therein.—Upon consideration of this, ic lords ordered, "That those Aggravations rauld be delivered to the clerk, to be kept by im close from all except the members of this wise; and no copies to be given to any but iem. Likewise, That the duke of Buckingim should answer the engrossed Articles of
* Charge sent up by the commons, but not
* Aggravations; unless, upon perusal thereof, : should find any thing fit to be answered, or -it the house think proper for that purpose, nd, for expedition's sake, the duke to have
* use of the original Aggravations,"
The E. of Bristol brought to the Bar; where. 'delivered his Answer to the Articles against *>.] May 19. The earl of Bristol was 'ought again to the bar of the lords; when e duke of Buckingham desired that he might ne leave to retire, lest his presence should re some distaste to the carl; and he withdrew mself accordingly. Then the lord keeper 'Id the earl, That their lordships did expect s Answer unto Mr. Attorney's Charge (see
80.) Upon which he said, "That he had "ought his Answer, but desired they would icuse the length thereof; and, as to the large, be said, he did not see any direct treu
between the said two kings, as by the said Articles is alledged; neither does or did he, tbe said earl, know that the emperor and king of .Spain, or either of them, never really intended Such restitution or rcsforat.op. as aforesaid, or that the king of Spam never really intended the said Marriage, as by die sai.-l Article is alledged; nor doth he the said earl know that the emperor or king of Spain, or either of thera, intended by the said Treaties, in the Article mentioned, to give time for compassing their own ends or purposes, to the detriment of this kingdom, as by the said Articles is also alledged; neither was tbe said la'.ekiiig James made secure upon any such false assurances given unto him by the said carl, or thcrcliy lost the opportunity of time; nor were the dominions, territories, and possessions of the count Palatine, or the electoral dignity, thereby lost, or any part thereof taken out of tlie possession of the said king James; nor the said count Palatine, the lady Elizabeth his wife, or thoir children, dispossessed, disinherited, or bereaved thereof, or of any part thereof, by any act or default of him tlie said earl; nor did, nor was he, the said earl, the cause of any thing to the diihonour of our said late sovereign lord king James, or to the disherison of the said late kind's children, or their posterity; to the disanimating or discouraging of any of the rest of the princes of Germany, nor any other kings or princes in amity anil league with his said late ma).; nor did any thing in or concerning the same contrary to his duty and allegiance, or contrary to the trust and duty of an ambassador, or falslv, wilfully, or traiterously, or as a traitor to our said sovereign lord the king, in any such sort, or by any such means, ways, or inducements, as by the said Article, is supposed, or by any other ways or means whatsoever: 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 Ainbassage to the emperor, of another to the king of Spain, in the ye>us 1021, 9, and I), aforesaid, he humbly craveth leave of this most high and honourable court to separate tlie business, and to distinguish the times."
"And, beginning w ith the Palatinate first, to give an Account of his Ambas-nge to the Emperor; and so to make as brief a deduction as he can of his whole carriage in that business, from the beginning of his employment to the time he left it. In this anihussagc to the emperor he propoundedall l! -bigs faithfully according to his instructions; and the answers which be returned to his lute uiaj, were the very same, and none oliier, than such as were tiven him by the emperor, under his hand and the
imperial seal; the which,according tohis duty, he faithfully sent unto his said niaj.; and withal, did honestly, faithfully, and truly advertise his said maj. what he understood and thought then upon tbe place: but was so far from giving unto bis said maj. any ill-grounded hopes in that behalf, that he wrote unto the lords of the cbuncil, here in England, from Vienna, ih« 26th of July, 1621, in sort asfoiloweth, viz. " I I am further to move your lordships, that there may be a dispatch made presently into Spain, to his inaj.'s ambassador and Mr. Cottington, that they there deal ctfectually for the prepar» ing and ripening of the business against my coming; and that they use sonic plain and direct language, letting the ministers there know, that the late letter sent by tlie king of Spain to the emperor, was colder and more reserved than his maj. had reason to expect. I shall conclude with telling your lordship*, that tbo' I despair not of good success in this knotty business, yet I hope his maj. and your lordshipi lay not aside the care of all fitting preparations for a war, in case u peace- cannot honourably be had; and amongst other things, I most earnest'y recommend unto your ldps. and, by jour lordships, unto his maj. the continuing abroad, yet for some small time, of sir Rob. Mnnsel's fleet upon the coasts of Spain; which, in case bis maj. should be ill-used, will prove the best argument he can use for the restitution of the Palatinate."—And the said earl further snith, That this his advice was really seconded by bis actions, by being the cause, as he returned homeward out of Germany, of the bringing down of the count Mansfelt, w hereby the tow n of Frankendale was relieved, and, by supplying of his inaj.'s army, then in great distress, with money and plate, to the value of 10,000/. meerly out of his zeal and nncction to the good 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 wnnt of means; but that his heart was ever really bent in effects more thun 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 inc in ai! 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 no other means to shew my gratefulness unto you; howsoever, assure yourself, that I shall never be forgetful of the testimonies you give me of your love, which I entreat you to continue, in doing the king and me all the good offices you can to his maj. you have been au eyewitness of the miserable estate our countries are in: I intreat you therefore to solicit his mnj. tor our help. Y ou have given ine assurance ot your atfectiou, 1 intreat you now to shew it by helping us, in your good endeavours to his maj. and von shall ever hind me to continue, as I aw already, your very affectionate friend, 'Elizabeth.' "The earl likewise received several other letters, about the same time, both from the king of Bohemia and council of Heidelberg, to the same eifect. And how much satisfaction his late inaj. received in that behalf, aud touching that business, will several ways appear, and particularly by his speech to the parliumeut. And the said carl likewise appealetb to both bouses of parliament, to whom, by his late majesty's order, he gave a just and true Account of that employment; with what true zeal be proceeded, and how he pressed that single treaties and promises might no longer be relied on, but that a fitting preparation for a war might go, hand in hand, with any treaty of accommodation; and, for a conclusive testimony of his late majesty's approbation of bis carriage in this employment, he humbly deliretli that a letter of the duke ofBiickingham's, under bis own band, bearing date the 11th of Oct. 1621, may be read: viz.—" My lord, 1 am exceeding glad your Idp. hath carried yourself so well in this employment, that bis maj. is not only infinitely pleased for the service you have done, for w hich he commanded me to give your Id p. thanks in bis name, until he see you himself; but that you have given »'l men cause to commend bis majesty's choice of such a man, that, unless your heart had gone with the business, could never have brought it to so good a pass. Amongst other things his maj. hketh very well the care of clearing his honour, whereof he will advise further with your ldp. at your coming over. I hope you will not find your negotiation with the Infanta of such difficulty as you •eem to fear in your letter, seeing my brother Edward hath brought with him a letter'from his majesty's son-in-law, whereby he puttelh himself wholly to his majesty's advice and pleasure for his submission. And as for the money your ldp. hath so very seasonably laid out. his maj. will sec you shall sustain no loss; holding it very unreasonable you should suffer any thing by the curt, of his service, which you have shewed so much to his contentment, and the great joy of your lordship's faithful servant, G. Buckingham."
"Having given this Account of bis Employment with the Emperor, he humbly craveth leave to make it known in what sort, before tliii his employment, lie endeavoured to serve the prince Palatine and his cause; which will best appear by his majesty's own testimony, upon the going of sir Fran. Nethcrsale to the prince Palatine; at which time his maj. being, oat of his royal and just heart, desirous to do a faithful servant right, commanded sir F. Netbersale to ret the prince Palatine understand how good a servant the said earl hud been unto him, and how active in his affairs; as will best appear by a dispatch of sir F. Nelhers»h\ written all in his own band, to sir Geo. Calvert, in answer to what was commanded him, dated at Prague lltii Aug. 1632,
and sent ny his late maj. to the said eail for his comfort, being as followeth:—' Right lion. 'That you may the better be assured, that I 'have neither forgotten nor neglected the com'mandment received from his maj. by your hu'nour, you will be pleased to have the pati'ence to hear me report what I said to the 'king upon delivery of my lord Digby'n letters 'to his maj. which was, that the king my 'master, whose justice is so much renowucel 'over the world, did use to shew it in nothing 'more than in vindicating his servants from 'wrongful opinions, whereof he knew noble 'hearts were more sensible than of injuries 'done to their persons or fortunes; that, out < of his royal disposition, his maj. having found 'my lord Digby mistaken by some of bis people 'at home, by occasion of his being by him 'employed in the affairs with Spain; and hav-' 'ing thereupon conceived a jealousy that the 'said noble lord might also be inisriported 'hither to the prince Palatitie, had, in that 1 respect, given Oie a particular commandment • to assure the prince, that his highness had : not a more truly affectionate servant in : England; and, lor proof thereof, to let the : prince understand, that whereas the baron 1 Donngh, now his higbness'.-> ambassador iu 'England, had, since his coming thither, ob( tnined but three great points for his master's 'service, to wit, the Loan of Money from die 'king of Denmark, the Contributions in Eng'land of the city and country, aud the sending 1 of Ambassadors to the contrary party: that 'the lord Digby had been the first propounder 'of nil those to the king my master, before his 1 higbness's ambassador, or any other of his 'servants in England; although his ldp. had 'been contented, that others who were but 'set on should carrv away the thanks and 'prize; because his ldp. being known to he 'the first mover therein, might possibly weaken 'the credit he hath in Spain, and so render 'him the more unable to serve both his own 'master and the prince; in which respect I 'humbly prayed his highness alsn to keep this 'to himself.'—By which testimony it may appear, as the said earl conceivetb, how he the said carl behaved himself before his said ainbassfisic and in his said ambassage, with his said late majesty's approbation thereof.—Now he most humbly craveth leave to give your lordships an Account how he proceeded after his Return from the emperor's court: as soon as he came into England, he discovered to his maj. and the lords of his council, in w hat great want he had left the forces in the Palatinate, and solicited the present sending away of money; and thereupon 30,000/. was borrowed of sir Peter Vanlore, sir Baptist Kirks, and sir Win. Cockaine, and presently sent into the Palatinate, besides the 10,000/. winch he had lent, for which he paid the interest nut of his own purse 6 months; having also given, not long before, 500/. by way of Benevolence, to the service of the said Palatinate. Now, iu tlie interim betwixt hit return from the emperor,