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p. Epus. Meneven.
p. Epus. Gloucestren.
|p. Thomas Coventrey, Miles, Ds. Custos Magni Sigilli.
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p. Comes Manchester, Præs. Concilii Domini Regis.
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Absent Lords, excused.
Earl of Exeter,
Earl of Leicestre,
Lord Bishop of Bath. et W.
Abuse of the Sabbath.
vice lecta est Billa, An Act for the further
Reformation of divers Abuses, committed on the Lord'sday, commonly called Sunday.
Put to the Question, and Expedited. And
Memorandum, That this Bill was first reported by the Lord President.
Dyed and Dressed Cloths.
vice lecta est Billa, An Act made for the better venting of Dyed, Dressed, and Mingled Coloured
Cloths, Kersies, New Draperies, and other Manufactures of Wool, into Parts beyond the Seas.
Committed unto the
E. of Westm'land.
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L. Bp. of Ely.
|L. Bp. of St. David's.
Mr. Justice Yelverton,
Mr. Serjeant Richardson,
|To attend the Lords.
To meet on Friday, the 5th of May, by Two in the
Afternoon, in the Painted Chamber.
Tenants of Bromfield and Yale.
vice lecta est Billa, An Act for the establishing of the Estates of the Tenants of Bromfield and
Yale, in the County of Denbigh, and of the Tenures,
Rents, and Services, thereon reserved.
Committed unto the
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E. of North'ton.
E. of Denbigh.
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Lord Chief Baron,
Mr. Baron Trevor,
Mr. Justice Jones,
Mr. Serjeant Damport,
|To attend the Lords.
To meet on Saturday, the 6th of May, at Two in
the Afternoon, in the Painted Chamber.
Certain Clergymen not to be Justices of the Peace.
vice lecta est Billa, An Act, That certain
Clergymen shall not be Justices of the Peace.
Committed unto the
E. of Essex.
E. of Salesbury.
E. of Dorsett.
L. Viscount Say et S.
L. Bp. of London.
L. Bp. of Durham.
L. Bp. of Norwich.
L. Bp. of Co. et Lich.
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L. Howard of W.
Mr. Justice Jones,
||To attend the Lords.
Mr. Justice Hutton,
Mr. Justice Harvey,
Mr. Serjeant Richarson,
To meet on Thursday next, at Eight of the Clock in
the Morning, in the Painted Chamber.
Gentleman-Usher acquaints the House, that he has brought up the E. of Bristol.
Message from the King.
Attorney General to charge the E. with High Treason.
The Gentleman Usher made his Return unto the
House, That, according to their Lordships Order, he
had brought up the Earl of Bristol, and is ready to do
further as they shall appoint; and then the Lord Keeper
delivered a Message from the King to this Effect: videlicet, "That His Majesty hath commanded His Attorney General to charge the Earl of Bristoll (before
their Lordships) with High Treason, and with other
Offences and Misdemeanors, of a very high Nature;
and then to proceed in a legal Course against him, according to Justice, and the usual Proceedings of Parliament."
Whereupon it was Ordered, That the Gentlemanusher shall bring the said Earl to the Bar presently; and
that the said Earl shall kneel at his coming, in respect he
is accused of High Treason.
E. of Bristol at the Bar.
Attorney General opens the Charge against him, but is interrupted by the Earl, who sets forth why he should not be impeached.
The said Earl being thus brought to the Bar, and kneeling (until the Lord Keeper willed him to stand up), the
Lord Keeper told him, "That he was sent for, to hear
his Charge of High Treason:" and Mr. Attorney
General, being at the Clerk's Table, began to open
the said Charge accordingly. But the Earl of Bristoll
interrupted him; and said, "That he had exhibitted
his Petition unto the House, that he might come up,
and be heard in his Accusation of the Duke of Buckingham; and that thereupon he (being a Peer of this
Realm) is charged with Treason: That he had heretofore informed the late King's Majesty (of Blessed
Memory) of the unfaithful Service of the said Duke:
And that thereupon the Duke laboured that he might
be clapped up in The Tower presently at his Return
out of Spaine, and called up the Lord Chamberlain
to testify whether the Lord Marquis Hamilton had
not told him so much; and had since laboured to keep
him from this King's Presence; and now he is charged
"That he had been often employed (fn. *) as Ambassador
in weighty Affairs, and never came Home tainted;
and, at his Return now last out of Spaine, he laboured the late King James, that he might be heard before
Himself; and His Majesty promised it (I pray God,
said the Earl, that Promise did Him no Hurt, for He
died shortly after): And for the said King's Promise,
he vouched the Lord Chamberlain; and earnestly desired their Lordships to take all these into their Consideration; and to consider also, that this House is
already possessed of his said Petition of his Accusation
of the said Duke; and required, that their Lordships
would first receive his Charge against the said Duke,
and against the Lord Conway, and not to (fn. †) invalidate his
Testimony against them by the King's Charge against
him; and protested that he spake for the King; that
he is free, and a Peer of the Realm; and desired not
to be impeached until his Charge of so high a Nature
be first heard; and tendered to the House his Articles
in Writing against the Duke of Buckingham, and his
Articles in Writing against the Lord Conway;" which
the House commanded the Clerk to receive, and so he
The Earl of Bristol was hereupon withdrawn.
Then the Petition of the said Earl, exhibited to the
House the 19th of April, was read; wherein he desired,
that he might be heard in his Accusation of the said
Duke; and, after long Debate, it was Agreed, (upon
the Question), That the King's Charge against the said
Earl, and the said Earl's Charge against the said Duke,
and his Charge against the Lord Conway, should be presently read.
Mr. Attorney General, standing at the Clerk's Table,
opened the King's Charge against the said Earl at large;
but he delivered it not in Writing (vide hic postea, sexto
Maii, where the Heads thereof are at large).
Then the Clerk read the said Articles, exhibited by
the Earl of Bristol, against the Duke of Buckingham;
and the Articles exhibited by him against the Lord Conway, which follow, in hæc verba: videlicet,
"Articles of the Earl of Bristol, whereby he
chargeth the Duke of Buckingham; bearing
Date the First Day of May 1626.
He impeaches the Duke of Bucks.
"1. That the Duke of Buckingham did secretly combine and conspire with the Conde of Gondamar, Ambassador for the King of Spaine, before his the said
Ambassador's last Return into Spaine, in the Summer
1622, to carry His Majesty (then Prince) into Spaine,
to the End that He might be informed and instructed
in the Roman Religion, and thereby have preverted
the Prince, and subverted the true Religion established in England; from which Misery this Kingdom
(next under God's Mercy) hath, by the wife, religious, and constant Carriage of His Majesty, been
almost miraculously delivered, considering the many
bold and subtile Attempts of the said Duke in that
"2. That Mr. Porter was made acquainted therewith,
and sent into Spaine; and such Messages at his Return
framed, as might serve for a Ground to set on Foot
this Conspiracy; the which was done accordingly,
and thereby the King and Prince highly abused, and
their Consents thereby first gotten to the said Journey;
that is to say, after the Return of the said Mr. Porter,
which was about the End of December, or the Beginning of January, 1622; whereas the said Duke had
plotted it many Months before.
"3. That the said Duke, at his Arrival in Spaine,
nourished the Spanish Ministers, not only in the Belief
of his own being Popishly affected; but did (both by
absenting himself from all Exercises of Religion, constantly used in the Earl of Bristol's House, and frequented by all other Protestant English, and by conforming himself, to please the Spaniards, in divers
Rites of their Religion, even so far as to kneel and
adore their Sacrament) from Time to Time give the
Spaniards Hope of the Prince's Conversion; the which
Conversion he endeavoured to procure by all Means
possible; and thereby caused the Spanish Ministers to
propound far worse Conditions for Religion than had
been formerly by the Earl of Bristol and Sir Walier
Aston settled, and signed under their Majesties Hands;
with a Clause, in the King of Spaines Answer, of the
12th of December 1622, that they held the Articles
agreed upon sufficient, and such as ought to induce
the Pope to the granting of the Dispensation.
"4. That the Duke of Buckingham, having several
Times, in the Presence of the Earl of Bristoll, moved
and pressed His late Majesty, at the Instance of the
Conde of Gondomar, to write a Letter unto the Pope;
and to that Purpose having once brought a Letter
ready drawn, wherewith the Earl of Bristol, by His
Majesty being made acquainted, did so strongly oppose the writing of any such Letter, that, during the
Abode of the said Earl of Bristol in England, the said
Duke could not obtain it; yet, not long after the
Earl was gone, he procured such a Letter to be written from His late Majesty unto the Pope, and to have
him styled Sanctissime Pater.
"5. That the Pope, being informed of the Duke of
Buckingham's Inclination and Intention in Point of Religion, sent unto the said Duke a particular Bull, in
Parchment, for to persuade and encourage him in the
Perversion of His Majesty, then Prince.
"6. That the said Duke's Behaviour in Spaine was
such, that he thereby so incensed the King of
Spaine and His Ministers, as they would admit of no
Reconciliation nor further Dealing with him; whereupon, the said Duke seeing that the Match would be
now to his Disadvantage, he endeavoured to break it;
not for any Service to the Kingdom, nor Dislike of the
Match in itself, nor for that he found (as since he
hath pretended) that the Spaniards did not really intend the said Match, but out of his particular Ends
and his Indignation.
"7. That, after that he intended to cross the Marriage, he put in Practice divers undue Courses; as
namely, making Use of the Letters of His Majesty
(then Prince) to his own Ends, and not to what they
were intended, as likewise concealing divers Things
of high Importance from His late Majesty; and thereby
overthrew His Majesty's Purposes, and advanced his
"8. That the said Duke, as he had with his Skill
and Artifices formerly abused Their Majesties; so, to
the same End, he afterwards abused both Houses of
Parliament, by his sinister Relation of the Carriage of
Affairs, as shall be made appear almost in every Particular that he spake unto the said Houses.
"9. As for the Scandal given by his Personal Behaviour, as also the employing of his Power with the
King of Spaine for the procuring of Favours and
Offices, which he bestowed upon base and unworthy
Persons, for the Recompence and Hire of his Lust:
These Things, as neither fit for the Earl of Bristol to
speak, nor indeed for the House to hear, he leaveth
to your Lordships Wisdoms how far you will be pleased
to have them examined; it having been indeed a great
Infamy and Dishonour to this Nation, that a Person
of the Duke's great Quality and Employments, a
Privy Counsellor, an Ambassador, eminent in his
Master's Favour, and solely trusted with the Person
of the Prince, should leave behind him in a Foreign
Court so much Scandal as he did by his Behaviour.
"10. That the said Duke hath been, in great Part,
the Cause of the Ruin and Misfortune of the Prince
Palatine, and his Estates, in as much as those Affairs
had Relation unto this Kingdom.
"11. That the Duke of Buckingham hath, in his
Relations to both Houses of Parliament, wronged
the Earl of Bristol, in Point of his Honour, by many
sinister Aspersions which he hath laid upon him; and
in Point of his Liberty, by many undue Courses,
through his Power and Practices.
"12. That the Earl of Bristol did reveal unto His
late Majesty, both by Word and Letter, in what
Sort the said Duke had disserved Him, and abused His
Trust; and that the King, by several Ways, sent him
Word, that he should rest assured He would hear the
said Earl; but that he should leave it to Him to take
His own Time. And thereupon, few Days before
His Sickness, He sent the Earl Word, that He would
hear him against the said Duke, as well as He had
heard the said Duke against him; which the Duke
himself heard, and not long after His Blessed Majesty sickened and died, having been in the Interim
much vexed and pressed by the said Duke.
"Articles of the Earl of Bristol concerning the
Lord Conway, bearing Date the 1st of May
Ld. Conway impeached by the E. of Bristol.
1. That the Lord Conway is so great a Servant of
the Duke of Buckinghames, that he hath not stuck to
send the Earl of Bristol plain Word, that if Businesses
could not be accommodated betwixt him and the Duke,
he must then adhere and declare himself for the said
Duke, and therefore unfit to be a Judge in any Thing
that concerneth the Duke or the Earl.
"2. That the said Lord Conway professeth himself to
be a Secretary of the Duke of Buckingham's Creation, and so acknowledgeth it under his own Hand:
and, although he be the King's Secretary of State,
and a Privy Counsellor, he usually beginneth his Letters to the Duke, Most Gracious Patron.
"3. That, as a Creature of the said Duke's, the said
Lord Conway hath been made the Instrument of
keeping the Earl of Bristol from the King's Presence,
and of imprisoning of him, by Warrants only under
his own Hand, for which he cannot (as the Earl conceiveth) produce any sufficient Warrant.
"4. That, by the Space of Twelve Months last past,
the said Lord Conway hath been the Cause of the
Earl's Restraint, only by misinforming His Majesty,
and procuring a Letter of Restraint upon undue
Grounds; and when it was made apparent unto him
that the said Earl was restored to his Liberty, freely
to follow his own Affairs, by His late Majesty of
Blessed Memory, he replied, That that Liberty,
given him by His Majesty, expired with the King's
"5. That the Earl of Bristol's Mother, lying sick,
upon her Death-bed, desired, for her Comfort, to
see her Son, and to give him her last Blessing; whereupon the Earl wrote to the said Lord Conway, to desire
him to move the King for His Leave; which he putting
off from Day to Day, told the Person employed,
that, by reason of the Duke's Sickness, he could not
find Opportunity to get the Duke's Leave to move the
King; and having spoken with the Duke, he made a
negative Answer in the King's Name; wherewith the
Earl acquainting the King by some of His Bed-chamber, His Majesty was in a very great Anger, swearing
the Secretary had never moved Him; and that to
deny the said Earl Leave was a barbarous Part; and
thereupon sent him presently free Leave; which the
Secretary hearing of, sent likewise afterwards a
Letter of Leave, but with divers Clauses and Limitations, differing from the Leave sent him from the
King's own Mouth.
"6. That, having the Businesses of the Earl of
Bristol in his Hands, and the Earl being commanded
by the King to address himself in his Occasions unto
his Lordship, he would never deliver any Message
from the said Earl, without first acquainting the said
Duke, and receiving his Directions; and, in a noble
Manner of Freeness, stuck not to send him Word.
"7. That the Earl of Bristol having received from
the Lord Conway Twenty Interrogatories, in His late
Majesties Name, drawn up by a Commission of the
Lords appointed to search into the Proceedings and
Employments of the said Earl; in which Search
there was more than Two Months spent, divers of the
said Interrogatories involving Felony and Treason;
and His Majesty having been pleased to assure the said
Earl, both by Message and Letters, that, upon Satisfaction given to Himself and the Commissioners by his
Answers, he would presently put an End to the Earl
of Bristol's Business; the Earl of Bristol having so
fully answered as would admit of no Reply, and that
many of the Commissioners declared themselves to be
fully satisfied; the said Lord Conway (being the Secretary in the Commission to whom it properly belonged
to call the Lords to assemble), perceiving that the Earl
of Bristol was like to be cleared, never moved for any
further Meeting; neither have they ever been permitted to meet until this Day, whereby the Troubles
of the Earl of Bristol have been kept on Foot till this
present, and the said Earl's Imprisonment hath been
enlarged Twenty Months; and, by the Artifices of
the said Duke of Buckingham and the said Lord Conway (as shall be made appear), the said Earl hath been
insensibly involved and stawked into the Troubles he
is now in; which he doubted not but your Lordships
will judge to be a very considerable Case.
"8. That, for a Colour of keeping the Earl from
His late Majesty's Presence, it being pretended, after
the Answer to the Twenty Interrogatories, that there
were some few Questions more to be added; whereunto when he should have answered, His Majesty
swore solemnly that, without any Delay, he should
be admitted to His Presence; and that, within Two or
Three Days, he should have the said Questions sent
unto him; the Lord Conway, notwithstanding he
acknowledged under his Hand that he had received
His Majesties Directions for the sending of the said
Articles, and was often thereunto solicited on the Behalf of the said Earl, would never send the said
Questions; and at last answered, that he had no more
to do with the Earl's Businesses.
"9. That the Earl of Bristol being set free by His
late Majesty to come to London, to follow his own
Affairs as he pleased; and thereupon having his Writ
of Parliament sent unto him, without any Letter of
Prohibition; but the Earl of Bristol, out of his
great Desire to conform all his Actions to that which
he should (fn. *) understand would best please His Majesty,
sent to know whether his Coming or Stay would be
most agreeable unto His Majesty, who was pleased
to answer, by a Letter from my Lord Duke of Buckingham, that He took in very good Part the said Earl's
Respect unto Him; but wished him to make some Excuse for the present; the which accordingly he did;
and moved, that he might have a Letter of Leave,
under the King's Hand, to warrant his Absence; but,
under Colour of this Letter of Leave, upon the Earl
of Bristol's own Motion and Desire, the said Lord
Conway sent a Letter from His Majesty, absolutely
forbidding his coming to Parliament; and therein
likewise was inserted a Clause, that the Earl should
remain restrained, as he was in the Time of His late
Majesty; and so thereby a Colour of Restraint, under
His Majesty's Hand, was gotten, which could never
be procured in His late Majesty's Time, whereby the
Earl of Bristol hath been unduly restrained ever since,
without being able to procure any Redress, or to
make the Lord Conway willing to understand his
Case; although he sent him all the Papers, whereby
he might clearly see, that the Earl was not under Restraint in His late Majesty's Time: But never other
Answer could be procured from him, but that he
judged the said Earl was under Restraint; and that his
Liberty was expired by the late King's Death, as is
"10. That the said Lord Conway, knowing that the
Match for the marrying of the King of Bohemia's
eldest Son with the Emperor's Daughter, and being
bred in the Emperor's Court, was allowed and propounded by His late Majesty; and that His Majesty,
by His Letters unto His Son-in-law, declareth that He
thinketh it the fairest and clearest Way for the Accommodation of His Affairs, and that He will take
sufficient Care for his Breeding in true Religion; and,
notwithstanding that the said Earl received a Copy of
the said Letter, by the late King's Order, with other
Papers, setting down all that had been done in the
said Business, and His Majesties Assent thereunto,
from the Lord Conway himself; yet hath he suffered
it to be charged as a Crime against the Earl of Bristol,
both in the Twenty Interrogatories and in His Majesty's late Letter, that he should consent to the breeding of the young Prince in the Emperor's Court;
and, further in the Interrogatory, he alledgeth it as
an Aggravation against the said Earl, that the breeding of the said Prince in the Emperor's Court inferred the Perversion of his Religion, when he knew that
his said Breeding was never thought nor spoken of
by the King nor any other, but with that express
Clause and Condition, that he should be bred in his
own Religion, and have such Tutors and Servants as
his Father should appoint.
"11. That the Lord Conway hath been the Cause of
all the Earl of Bristol's Troubles, by his dubious and
intrapping Dispatches; and inferring that the said
Earl hath failed in his Directions, when it shall be
made appear that his Dispatches contained no such
Directions, as he hath alledged were given.
Motion for the E. of Bristol's Commitment and Indictment.
These being read; the House was moved to proceed
against the Earl of Bristol now, upon the King's
Charge; and hereafter against the Duke upon the
Earl's Charge; and that the said Earl might be committed, and indicted presently; and these Precedents were
cited for this Manner of Proceeding, videlicet, Anno
4° Edwardi III, for the Lord Berkleyes Imprisonment
and Indictment. Anno 21° Richardi II, for the Commitment of the Earls of Arundell and Warwicke. And
Anno 28° Henrici VI, for the Commitment of the Duke
of Suff. Which Precedents were neither read nor approved of. But the Judges were appointed to withdraw, and consider of the said Precedents, and of the
Manner of Proceedings in other Courts in Matters of
this Nature: who being returned, desired to be excused
to deliver any Opinion of the Precedents of Parliamentary Proceedings; for that the Lords only are Judges
of Parliamentary Proceedings: But they declared that,
in Accusations of Treason before them, in their Courts,
if good Matter appear, and one Witness for the same,
they use to commit the Party accused; and then he is indicted in the King's Bench, if the Treason be within
the Statute of 25 Edward III. If it be not within that
Statute, the Judges are not to proceed until the Parliament hath declared whether it be Treason or no. And
if the Treasons be committed beyond the Seas, then
the Party accused is to be indicted in the King's Bench,
or before Commissioners, according to the Statute of
35 Henry VIII. And the Judges reported a second Way
of Proceedings against Parties accused of Treason; videlicet, by Bill of Attainder in Parliament, which is to
pass both Houses. But how the Proceedings ought to
be in this Case, they humbly left it to their Lordship's
Committed to the Custody of the Gentleman-usher.
The House not being satisfied herewith, touching the
Commitment of a Peer of the Realm upon a bare Accusation; It was Agreed, That the Earl of Bristol shall
remain committed in the Gentleman-usher's House; and
Access of Friends to be permitted to come unto him;
and the Committee of Privileges to peruse the Precedents of this Nature, and make Report to the House.
And it was further Ordered, and Agreed, That the
King's Charge against the Earl of Bristol shall be first
heard; and then the Charge of the Earl against the
Duke; but yet so as the Earl's Testimony against the
Duke be not prevented, prejudiced, nor impeached.
E. of Bristol at the Bar.
These being thus Agreed on; the Earl of Bristol was
brought to the Bar again; and the Order of the House,
touching the said Charges and his Manner of Commitment, signified unto him by the Lord Keeper.
Desires the Duke of Buckingham may be indicted of Treason.
And the Earl said, That he conceived his Articles
against the Duke of Buck. to be Treason; and therefore he required that the said Duke might be indicted of
Treason by Mr. Attorney General.
Dominus Custos Magai Sigilli declaravit præsens
Parliamentum continuandum esse usque in diem crastinum, videlicet, 2m diem instantis Maii, hora nona, Dominis sic decernentibus.