Die Martis, videlicet, 2 die Maii,
Domini tam
Spirituales quam Temporales, quorum nomina
subscribuntur, præsentes fuerunt:
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THE Lord Keeper delivered a Message from the
King, in hæc verba: videlicet,
"My Lords,
Message from the King, concerning the E. of Bristol's Charge against the Duke of Buckingham.
"His Majesty takes Notice of the Articles exhibited
against the Duke of Bucks by the Earl of Bristol.
He observes that many of them are such as Himself is
able to say more than any Man of His own Knowledge
of the Duke's sincere Carriage in them; that one of
them, namely, that touching the Declaration made in
the Parliament of the One and Twentieth of King
James, trencheth as far upon Himself as upon the
Duke, for that His Majesty went as far in that Declaration as the Duke; and that all of them have
been closed in the Earl's own Breast now Two Years,
contrary to his Duty, if he had known any Crimes of
such Nature by the Duke; that they are now vented
by Way of Recrimination against him, whom he
knows to be a principal Witness to prove His Majesties Charge. And therefore His Majesty commanded me to give you Thanks, that you gave no
Way to that unreasonable Motion of the Earl of
Bristol, to put the Duke under the same Restraint as
you have put the Earl; thereby eschewing what the
Earl aims at, to alter the dutiful Proceedings of this
House, so often in this Parliament expressed to His
Majesty. And hereby you have made His Majesty
confident, that, as you have, so your Lordships will,
put a Difference between His Majesties Charge against
one that appears as a Delinquent, and the Recrimination of the Earl of Bristol against His Majesties Witness; and not to equal them by a Proceeding pari
passu; not to match the Imprisonment of the one and
the other, as the Earl of Bristol desired, the Ground
being so different and unequal."
E. of Bristol impenches the Duke of Buckingham to the Commons also.
Intimation was also given to the House, That the
Earl of Bristol, having accused the Duke of Buckingham
here of High Treason, and delivered his Charge here
against him, did, at the same Time, cause the same
Charge to be delivered to the Commons also. And the
Opinion of the House demanded, whether it were lawful or no.
But their Lordships gave no Resolution herein; for
that the Commons had not given them any Notice
hereof.
Method of proceeding against the E. of Bristol debated.
The Lord Keeper put their Lordships in Mind of
the Business of this Day; and thereupon a Motion
being made, That the said Earl of Bristol might be indicted, according to the Statute of 35 Hen. VIII; and
that, being certified hither, then to proceed against
him here by Trial of his Peers; their Lordships did not
resolve of that Manner of Proceeding.
Then the House was moved, That Mr. Attorney
might proceed to provide an Indictment, to be returned
hither on Saturday next; and, if he doubt of the Form,
to confer thereof with the Judges; and, if any greater
Difficulty appear, so that there shall be Cause to resort
to their Lordships, then their Lordships to be acquainted
with it.
And it was Ordered, Mr. Attorney to proceed
with the Preparation; but the House not to be concluded till their next Meeting on Thursday; and a Subcommittee for Privileges to search for Precedents in the
mean Time.
E. of Arundell's Imprisonment.
It was this Day Ordered, The Lord Keeper to
move His Majesty, from the House, for a speedy and
gracious Answer unto their Petition, on the Behalf of
the Earl of Arundell.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens
Parliamentum continuandum esse usque in diem Jovis
proximum, videlicet, quartum diem instantis Maii, hora
nona, Dominis sic decernentibus.