cular proceeded otherwise, than either upon which liberty in parliament, no private man, ground of knowledge in themselves, or proof no servant to a king, perhaps, no counsellor, by examination of witnesses, or other evidence. without exposing himself to the hazard of great In which course of service for the public good, enmity and prejudice, can be a means to call as we have not swerved from the parliament- great officers into question for their misdemeanary ways of our predecessors, so we con- ors; but the common-wealth might languish unceive that the discovery and reforming of er- der their pressures without redress: and whatrors, is so far from laying an aspersion upon soever we shall do accordingly in this parlia the present time and government, that it is ra ment, we doubt not but it shall redound to the ther a great honour and happiness to hoth, honour of the crown, and welfare of your subyielding matter to great princes, wherein to jects. Lastly, We most humbly beseech your exercise and illustrate their noblest virtues. maj. graciously to conceive, that though it hath And although the grievous Complaints of the been the long custom of parliaments to han Merchants from all parts, together with the dle the matter of Supply with the last of their common service of the subjects well affected businesses; yet, at this time, out of extraor to those who profess our religion, gave us occa- dinary respect to your person, and care of your sion to debate some businesses that were part-affairs, we have taken the same into more sprely foreign, and had relation to affairs of state; dy consideration; and most happily, on the yet we beseech your maj. to rest assured, it very day of your maj.'s inauguration, with great was exceeding far from our intention, either to alacrity and manimous consent, after a short traduce your counsellors, or disadvantage your debate, we grew to the resolution for a present negotiations. And tho' some examples of great Supply well known to your maj.-To which, if and potent ministers or princes, heretofore addition may be made of other great things questioned in parliament, have been alledged; for your service, yet in consultation amongst yet was it without paralleling your maj.'s go- us, we doubt not but it will appear, That we vernment, or councils, to any times at all, have not receded from the truth of our first much less to times of exception.-Touching the intention, so to supply you, as may make you Letter of your maj.'s secretary; it was first al-safe at home, and feared abroad; especially if ledged by your advocate for his own justifica- your maj. shall be pleased to look upon the tion, and after, by direction of the committee, way intended in our promise, as well as to the produced to make good his allegation.And measure of the gift agreed.-With the like hufor the Search of the Signet-Office; the copy mility we beseech your maj. not to give ear to of a letter being divulged, as in your maj.'s the officious reports of private persons for their name, with pregnant cause of suspicion, both own ends, which hath occasioned so much loss in the body and direction thereof, to be sup- of time; nor to judge our proceedings whilst posititious; the committee, out of desire to be they are in agitation, but to be pleased to excleared therein, did, by their order, send some pect the issue and conclusion of our labours; of themselves to the signet-office, to search which, we are confident, will manifest and juswhether there were any records of letters of tify to your maj. the sincerity and loyalty of that nature, without warrant to the officer for our hearts, who shall ever place in a high deany, much less for a general search.-But touch-gree of happiness the performing of that duty ing public Records, we have not forborn, as often as our businesses have required, to make search into them, wherein we have done nothing unwarranted by the laws of your realm and the constant usage of parliaments. And if, for the ease of their labours, any of our committees have desired the help of the officers repertories, or breviats of direction, we conceive it is no more than any subject, in his own affairs, might have obtained for ordinary fees. Now, concerning your maj.'s servants, and, namely the duke of Buckingham; we humbly beseech your maj. to be informed by us your faithful commons, who can have no private end but your maj's service, and the good of our country, That it hath been the antient, constant, and undoubted right and usage of parliaments, to question and complain of all persons, of what degree soever, found grievous to the common-wealth, in abusing the power and trust committed to them by their sovereign. A course approved not only by the examples in your father's days, of famous memory, but by frequent precedents in the best, and most glorious reigns of your noble progenitors, appearing both in records and histories: without

and service in parliament, which may most tend to your maj.'s honour and the good of your kingdom."

The Commons adjourn by the King's Desire.] After this Remonstrance was read to the king by Mr. secretary Cooke, his maj, said to the committee, "That he would not then give Answer to it; but expected and desired that the commons would adjourn, as the lords had done, until the 13th of the same month; and that then they would repair the time they had hitherto lost." On the report of this to the house, a debate arose, and the question being twice put, Whether to adjourn, or no? it was carried in the affirinative, on a division 150 against 120, and the house adjourned itself to Thursday in Easter week.

During this short recess, we shall look back into some Proceedings of the Lords in' the course of this session; in order to pave the way for a full explanation of what was to be done against the duke of Buckingham, at the next meeting of the parliament.

The Lords consider the State of the Realm.] March 6. The house was put in mind that their lordships had now sat a month, and yet

71]

PARL. HISTORY, 2 CHARLES I. not considered of the State of the Realm as it then stood with a great and potent enemy, the Spaniard exasperated, and preparing great forces for an invasion: Therefore they were a committee to consider of moved to appoint the State of the Realm, in general; and in particular, of the Safeguard of the Seas; the Stores of Munition and Arms, and all things incident thereto; and of fortifying the Forts. A committee was appointed accordingly.-The next day the lord keeper signified to the house, "That his maj. took special notice of that committee, and, with great approbation thereof, commanded him to give their lordships very hearty thanks for their zeal therein, to his honour and the safeguard of the realm; and desired them to proceed in it with all speed and alacrity."

The same day a report was made from this "That the master of the ordnance committee, bad acquainted them with the great Want of Gunpowder in the Stores; which their lordships thought fit to be provided. "Also "That the said committee thought proper that the following particulars be offered to the consideration of the commons: 1. That a fleet be presently set out against the king of Spain, to annoy him and prevent an Invasion of this kingdom. 2. That another fleet be set out to defend our own coasts, and the merchants from pirates. 3. The Maintenance of the Armies under the king of 4. To acDenmark and count Mansfield. quaint the commons with the present State of this Kingdom and the Confederates thereof." -Upon this report the house resolved upon a colerence with the commons; and a select sporttee of each house, consisting of 40 lords and a proper number of the commons, was appointed to meet at 3 that afternoon. The Louses sat that afternoon, and the lords Committees, being returned from the confeThat they had fully related rence, reported, to the commons the cause of that meeting: and that they had promised to deliver the same to

the.r house."

After the Report of this Conference was
'made to the commons, it was moved to con-
sider what Answer was fit to be given to the
lords, and then to go on with the business be-
fore them. Others moved to go on, as before,
and give no Answer at all to them. On this,
the question being put, Whether to answer or
not? the house divided, and it was carried in
the affirmative 226 against 166; and a com-
mittee was appointed to consider of and draw
up an Answer to that purpose. But we can-
not find, by either Journals, that ever any an-
swer was returned to the lords about this busi-
ness, the commons seeming more intent on
redressing grievances at home, than troubling
themselves about affairs abroad,

The lords, notwithstanding, went on with
their committee for the Defence of the
Realm, &c. and, on the 24th of March, the
lord treasurer reported to the house, That the
said committee had made several agreements
with merchants for importing and making of

Saltpetre and Gunpowder; also, with the Armourers and Gun-makers, in and about LonBut their care in these things don, for providing a sufficient quantity of those was soon interrupted by affairs of a different nature, which took up all the attention of the house of lords.

wake stores.

The Case of Digby Earl of Bristol.] Digby, earl of Bristol, so much concerned in the late Negotiations in Spain, about the Match, &c. on his return from thence, had been committed prisoner to the Tower. This earl had been also examined by a committee of lords, appointed by the king, touching those affairs; and certain propositious were made to him in order to his release, and composing the differences On his refusal, in some measure, to comply between the duke of Buckingham and bun. with the terms, the lord Conway, secretary of state, wrote to him the following letter, and received his Answer to it.

66

ment.

The Lord Conway to the Earl of Bristol. My lord; I received a letter from your lordship, dated the 4th of this month, written in answer to a former letter which I directed to your lordship, by his majesty's commandThis last letter, according to my duty, I have shewed unto his maj. who hath perused it, and hath commanded me to write back to you again, that he finds himself nothing satisfied therewith. The question propounded to your lordship, from his maj. was plain and clear, Whether you did rather chuse to sit still without being questioned for any errors passed in your Negotiations in Spain, and enjoy the benefit of the late gracious pardon granted in parliament, whereof you may have the benefit: or whether, for the clearing of your innocency, (whereof yourself, and your friends and followers, are so confident) you will be content to wave the advantage of that pardon, and put yourself into a legal way of examination for the trial thereof. His majesty's purpose thereby, is not to prevent you of any favours the law hath given you; but if your assurance be such as your words and letters import, he conceives it stands not with that public and resolute profession of your integrity to decline your trial. His maj. leaves the choice to yourself, and requires from you a direct answer, without circumlocution or bargaining with him for future favours before hand; but if you have a desire to make use of that pardon which cannot be denied you, nor is any way desired to be taken from you, his maj. expects you should at the least forbear to magnify your service, and, out of an opinion of your innocency, cast an aspersion upon his majesty's justice, in not affording you that present fulness of liberty and favour which cannot be drawn from him, but in his good time, and according to his good pleasure. Thus much I have in commandment to write to your lordship, and to require your answer clearly and plainly by this mes Your lordship's humble servant, senger, sent on purpose for it, and so remain, "CONWAY." Whitehall, March 24, 1626.

liberty of a subject and the privilege of his your lordships most humble thanks; but* peerage, after almost two years restraint with-jointly with it, a Letter from my Lord Keeper out being brought to a trial: and, if any charge commanding him, in his maj.'s name, to forwas brought against him, he prayed that he bear his personal attendance; and although he might be tried by parliament." Upon the re-shall ever obey the least intimation of his maj." ceipt of this petition, the lords referred it to pleasure, yet he most humbly offereth unto the committee of privileges: from whom the your lordships wise considerations, as too high earl of Hertford reported, "That it was a point for him, how far this may trench upon necessary for their lordships humbly to be the liberty and safety of the peers, and the seech his maj. to send a writ of summons to authority of their letters patents, to be in this the carl of Bristol; as also to such other lords sort discharged by a letter missive of any subwhose writs are stopped, except such as are ject, without the king's hand; and, for your made uncapable to sit there by judgment of lordships due information, he hath annexed a parliament, or some other legal course." Here- copy of the said Lord Keeper's Letter, and his upon the duke of Buckingham signified to the | Answer thereunto.-He further humbly petihouse, That upon the earl's Petition to the tioneth your lordships, That having been, for king, his maj. had sent him his writ of sum- the space of two years, highly wronged in point mons; and, withal, shewed the lords a copy of of his liberty and of his honour, by many sinisa letter, wrote from the king to the said earl, ter aspersions which have been cast upon him, dated Jan. 20, 1625, the tenor of which fol- | without being permitted to answer for himself; loweth: which hath been done by the power and industry of the duke of Buckingham, to keep him from the presence of his maj. and the parliament, lest he should discover many crimes concerning the said duke:-He therefore most humbly beseecheth, That he may be heard, both in the point of his Wrong, and of his Accusation of the said duke: Wherein he will make it appear, how infinitely the said duke hath abused their majesties, the state, and both the houses of parliament. And this, he is most confident, will not be denied, since the court of parliament never refuseth to hear the poorest subject seeking for redress of wrongs, nor the accusation against any, be he never so powerful. And herein he beseecheth your lordships to mediate to his maj. for your suppliant's coming to the house, in such sort as you shall think fitting; assuring his maj. that all he shall say, shall not only tend to the service of his maj. and the state, but highly to the honour of his maj.'s royal person, and of his princely virtues: and your suppliant shall ever pray for your lordships prosperity. BRISTOL."

"We have read your letter addressed unto us by Buckingham, and cannot but wonder that you should, through forgetfulness, make request to us of favour, as if you stood evenly capable of it, when you know what your behaviour in Spain deserved of us, which you are to examine by the observations we made, and know you well remember; how, at our first coming in Spain, taking upon you to be so wise, as to foresee our intention to change our religion, you were so far from dissuading us, that you offered your advice and secresy to concur in it: and, in many other conferences, pressing to shew how convenient it was to be a Roman Catholic, it being impossible, in your opinion, to do any great action otherwise; and how much wrong, disadvantage, and disservice you did to the Treaty, and to the right and interest of our dear brother and sister, and their children; what disadvantage, inconvenience, and hazard you intangled us in by your artifices, putting off and delaying our return home; the great estimation you inade of that state, and the low price you set this kingdom at; still maintaining, that we, under colour of friendship to Spain, did what was in our power against them, which they said you very well knew: And, last of all, your approving of those conditions, that our nephew should be brought up in the emperor's court; to which sir Walter Aston then said, That he durst not give bis consent for fear of his head: Your replying unto him, That without some such great action, neither marriage nor peace could be bad."

There is no Answer to this Letter in the Journals; but, instead of it, we find another Petition from the earl, addressed to the lords, on his receiving his writ of summons; to which he annexed the Lord Keeper's Letter and his Answer, and desired to be heard in Accusation of the Duke.

The Humble Petition of John Earl of Bristol.

"Humbly shewing unto your lordships, That he hath lately received his writ of summons to parliament, for which he returned unto

The Lord Keeper to the Earl of Bristol;

dated Dorset-court, March 31, 1626. My very good lord; By his maj.'s commandment, I herewith send unto your ldp. your writ of summons for the parliament; but withal signify his maj.'s pleasure herein further, That howsoever he gives way to the awarding of the writ, yet his meaning is thereby not to discharge any former directions for restraint of your lordship's coming hither; but that you continue under the same restriction as you did before; so as your ldp.'s personal attendance here is to be forborn. And herein I doubt not hut your ldp. will readily give his maj. satisfaction: And so I commend my service very heartily unto your Idp. and remain,

Your Idp.'s assured friend and servant,

THOMAS COVENTRY, C. S."

The Earl of Bristol's Answer to the Lord

Keeper; dated Sherborn, April 12, 1626. "May it please your lordship; I have re

thanks; but Lord Keeper name, to for. nd although he on of his maj.s offereth unto s, as too higi ytrench up eers, and the to be in this

Fe of any suband, for you th annexed? Letter, and his humbly pe ing been, f Onged in point -y many sinis ast upon him, er for himself; er and indu to keep him d the parle y crimes conherefore most »e heard, both is Accusation make it hath abused the housesof st confident, art of parisorest subject the accuse

so powerfel dships to me t's coming all think f all say, v, shall naj, and the s maj.'s revi s: and ver ur lordships BRISTOL,"

Conway, by whose warrant I was only restrained in the late king's time, of famous memory, may produce any one word, that may have such as any colourable pretence of debaring my coming up to London. I beseech your idp. to pardon my desire to have things clearly

caused all my troubles; and when any thing is misinformed concerning me, I have little or no means to clear it; so that my chief labour is to avoid misunderstanding. I shall conclude with beseeching your lap. to do me this favour, To let his maj, understand, that my coming up is only rightly to understand his pleasure, whereunto I shall, in all things, most dutifully and humbly conform myself. And so, with my humble service to your idp. I recommended you to God's holy protection, and remain,

Your lordship's most humble servant,

BRISTOL." April 21. The Lord Keeper delivered this Message from the King to the house of

lords.

ceived your lordship's letter of the 31st of
March, and with it, his maj.'s writ of summons
for the parliament. In the one his maj. com-
mandeth me, that all excuses set aside, upon
my faith and allegiance I fail not to come and
attend his maj.; and this under the great seal
of England. In the other, as in a letter mis-understood; for the want of that formerly hath
sive, his maj.'s pleasure is intimated by your
ldp. that my personal attendance should be
forborn. I must crave leave ingenuously to
confess unto your Idp. that I want judgment
rightly to direct myself in this case; as likewise,
that I am ignorant how far this may trench
upon the privileges of the peers of this land,
and upon inine and their safety hereafter: for
if the writ be not obeyed, the law calleth it a
misprision, and highly fineable, whereof we
have had late examples; and a missive letter be-
ing avowed or not, it is to be doubted would not
be adjudged a sufficient discharge against the
great seal of England: on the other side, if
the letter be not obeyed, a peer may, de facto,
be committed upon a contempt in the interim,
and the question cleared afterwards: so that
in this case it is above mine abilities. I can
"That his majesty hath heard of a Petition
only answer your ldp. that I will most exactly preferred unto this house by the earl of Bristol,
chey; and to the end I may understand which so void of duty and respect to his maj. that
obedience will be, in all kinds, most suitable to he hath great cause to punish him: That he
my duty, I will presently repair to my private
hath also heard with what duty and respect-
ledging at London, and there remain, until, in fulness to his maj. their lordships have pro-
this and other causes, I shall have petitioned have been upon the knowledge they have that
ceeded therein, which his maj. conceiveth to
his maj. and understand his farther pleasure.
For the second part of your lordship's letter, he hath been restrained for matters of state;
where your Idp. saith, That his majesty's thanks for the same, and is resolved to put the
and his maj. doth therefore give their lordships
meaning is not thereby to discharge any former
directions for restraint of your lordship's com-
cause upon the honour and justice of their
ing hither, but that you continue under the lordships and this house. And thereupon his
same restriction as before; so that your lord- maj. commanded him (the lord keeper) to
ship's personal attendance here is to be for- signify to their lordships his royal pleasure,
born. I conceive your Jdp. intendeth this That the earl of Bristol be sent for as a delin-
teaching my coming to parliament only; for quent, to answer in this house his offences coin-
as touching my coming to London, I never had mitted in his Negotiations before his majesty's
at any time one word of prohibition, or colour-being in Spain, his offences whilst he was in
able pretence of restraint; but, on the contrary,
having his late majesty's express leave to come
to London to follow my affairs, out of my res-
peet to his maj. then prince, and to the dake
of Buckingham, I forbore to come, until I might
know whether my coming would not be dis-
agreeable unto them. Whereunto his maj. was
pleased to answer, both under the hand of the
duke, and of Mr. secretary Conway, That he
took

Bristol;
1626.
s command
p. your w
t withal sig
rther, That
rding of the
not to dis
restraint of
't that you
as you did
attendance
I doubt not
j. satisfac
very hear
servant,
C. S.

the Lord
12. 1626.

my respect unto him herein in very good part, and would wish me to make use of the leave the king had given me. Since which time I never received any letter or message restraint, only his maj. by his letter bearing date in June last, commandeth me to remain

of

I was in the time of the king his father; which was with liberty to come to London to follow my own affairs as I pleased, as will appear unto your Idp. if you will afford me so much favour as to peruse it. I have writ thus much unto your Idp. because I would not, through misunderstanding, fall into displeasure by my coming up, and to intreat your ldp, to

inform his mai. thereof. And that my lorde

Spain, and his offences since his majesty's coming from Spain; his scandalizing the duke of Buckingham immediately, and his majesty by reflection, with whose privity, and by whose. directions, the duke did guide his actions, and without which he did nothing. All which his maj. will cause to be charged against him before their lordships in this house."

The lords appointed a committee to attend the king, and to present their humble thanks had placed in the honour and justice of their to his majesty, for the trust and confidence he

house.