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E. of Totness excused.
THE Earl of Totnes was excused.
Upon the Reading of the Petition of Sir George Reynolds, Knight, Marshal of the King's Bench, That
Richard Culpeper, Servant to the Lord Cromewell, arrested in Execution in the King's Bench, upon an Action of Battery, at the Suit of one William Galthropp,
and discharged out of Prison by the Lord Keeper, upon
a Habeas corpus, according to an Order of the Twelfth
of August last, in the Parliament at Oxon, for that he
was arrested contrary to the Privilege of Parliament (as
by a Copy of the said Discharge, dated 17th of August
1625, appeareth); he the said William Galthrope, notwithstanding the said Discharge, hath impleaded him
the said George Reynolds, upon an Action of Escape, intending to charge him with the Execution Money.
Galthrop to attend.
Whereupon it was Ordered, William Galthropp to
be warned to be here on Monday next, to answer the
Better Maintenance of the Ministry.
Hodie 1a et 2a
vice lecta est Billa, An Act for the
better Maintenance of the Ministry.
This was a new Bill, commended by one of the Committees of the former Bill.
Committed unto the Lords Committees of the former
Bill; these being added; videlicet,
E. of Devon.
E. of Clare.
E. of Cleveland.
L. Bp. of Durham.
L. Bp. of Rochester.
|L. Bp. of Co. et Lich.
To meet on Wednesday next, at Two, in the Painted
Attorney General desires the Attendance of the Clerk of the Crown in the King's Bench at the reading the Charge against the E. of Bristol. Denied.
The Gentleman Usher being commanded to bring the
Earl of Bristol to the Bar, the Lord Keeper signified,
that Mr. Attorney desires, in respect the House hath
heard of what Nature the Crimes are against the said
Earl, that the Clerk of the Crown in the King's Bench
may attend the reading of the Charge here, according to
a Precedent of former Times.
Which was denied, in respect that the Clerk of the
Crown in the King's Bench is no Minister of this Court;
and for that it was Ordered (4 Maii), That this Cause
shall be retained within this House.
E. of Bristol at the Bar.
The said Order, 4 Maii, being read, the Earl of
Bristol was brought to the Bar accordingly. And the
Lord Keeper commanded Mr. Attorney to read the
Charge against him, who read it, in hæc verba: videlicet,
The Charge against him.
"Articles of several High Treasons, and other
great and enormous Crimes, Offences, and
Contempts, committed by John Earl of Bristall
against our late Sovereign Lord King James, of
Blessed Memory, deceased, and our Sovereign
Lord the King's Majesty which now is; wherewith the said Earl is charged by His Majesty's
Attorney General, on His Majesty's Behalf,
in the most High and Honourable Court of
Parliament, before the King and His Lords
Offences done and committed by the E. of Bristol before His Majesty's going into Spain, when He was Prince.
"1. That the said Earl, being trusted and employed by
the said late King as His Ambassador unto Ferdinand,
then and now Emperor of Germanye, and unto Phillipp the Fourth, then and now King of Spaine, in the
Years of our Lord God 1621, 1622, and 1623; and
having Commission, and special and particular Direction, to treat with the said Emperor and King of
Spaine, for the plenary restoring of such Parts of
the Dominions, Territories, and Possessions of the
Count Palatine of Rhene, who married with the
most Excellent Lady Elizabeth, his now Royal Consort, the only Daughter of the said late King James,
as were then wrongfully, and in hostile Manner, taken
and possessed with and by the Arms of the said Emperor and King of Spaine, or any others; and for
preserving and keeping such other Parts thereof as
were not then lost, but were then in the Protection
of the said late King James, to the Use of the said
Count Palatine and his Children; and for the restoring of the Electoral Dignity unto the said Count Palatine and his Children; and also to treat with the
said King of Spaine for a Marriage, to be had between the most High and Excellent Prince Charles,
then Prince of Wales, the only Son and Heir Apparent of the said King James, and now our most
Dread Sovereign Lord, and the most Illustrious Lady
Donna Maria, the Infanta of Spaine, Sister to the said
now King of Spaine; he the said Earl, contrary to his
Duty and Allegiance, and contrary to the Trust and
Duty of an Ambassador, at Madridd, in the Kingdom
of Spaine, to advance and further the Designs of the
said King of Spaine against our said Sovereign Lord
the King, His Children, Friends, and Allies, falsely,
willingly, and traiterously, and as a Traitor to our
said late Sovereign Lord the King, by sundry Letters, and other Messages, sent by the said Earl
from Madridd aforesaid, in the Years aforesaid, unto
the said King James and His Ministers of State in
England, did confidently and resolutely inform, advise, and assure the said late King, that the said Emperor and King of Spaine would really, fully, and effectually make Restitution, and plenary Restoration,
to the said Count Palatine and his Children, of the
said Dominions, Territories, and Possessions of the
said Count Palatine, and of the said Electoral Dignity; and that the said King of Spaine did really,
fully, and effectually intend the said Marriage, between the said Lady His Sister and the said Prince
now our said Sovereign Lord, according to Articles
formerly propounded between the said Two Kings;
whereas, in Truth, the said Emperor and King of
Spaine, or either of them, never really intended
such Restitution as aforesaid: And whereas the said
King of Spaine never really intended the said Marriage, according to those Articles propounded; but
the said Emperor and King of Spaine intended only,
by those Treaties, to gain Time for compassing their
own Ends and Purposes, to the Detriment of this
Kingdom; of all which the said Earl of Bristol neither was nor could be ignorant; and the said late
King James, by entertaining those Treaties, and continuing of them, upon those false Assurances given
unto Him by the said Earl as aforesaid, was made secure, and lost the Opportunity of Time; and thereby
the said Dominions, Territories, and Possessions of
the said Count Palatine, and the Electoral Dignity,
became utterly lost; and some Parts thereof were
taken out of the actual Possession of the said King
James, into whose Protection and Safe-keeping they
were put and committed by the said Count Palatine;
and the said Count Palatine, and the said most Excellent Lady Elizabeth his Wife, and their Children,
are now utterly dispossessed and bereaved thereof, to
the high Dishonour of our said late Sovereign Lord
King James, to the Disherison of the said late King's
Children and their Posterity of their ancient Patrimony, and to the disanimating and discouraging of
the rest of the Princes of Germany, and other Kings
and Princes in Amity and League with His said
"2. That the said Earl of Bristol, being Ambassador
for His said late Majesty King James as aforesaid,
in the Years aforesaid, and having received perfect,
plain, and particular Instructions and Directions from
His said late Majesty, that he should put the said
King of Spaine to a speedy and punctual Answer,
touching the Treaties aforesaid; and the said Earl
well understanding the Effect of those Instructions
and Directions so given unto him, and taking precise
Knowledge thereof, and also well knowing how much
it concerned His said late Majesty in Honour and
Safety, as His great Affairs then stood, to put those
Treaties to a speedy Conclusion; yet nevertheless he,
the said Earl, falsely, willingly, and traiteroutly,
contrary to His Allegiance, and contrary to the Trust
and Duty of an Ambassador, did continue those
Treaties upon Generalities, without effectual pressing
of [ (fn. *) the] said King of Spaine unto particular Conclusions, according to His Majesty's Directions as aforesaid; and so the said Earl intended to have continued
the said Treaties upon Generalities, and without reducing them to Certainties and direct Conclusions, to
the high Dishonour of His said late Majest, and to
the extreme Danger and Detriment of His Majesty's
Person, His Crown, and Dominions, and of His Confederates and Allies.
3. That the said Earl of Bristol, being Ambassador
for His said late Majesty as aforesaid, in the Years
aforesaid, to the Intent to discourage the said late
King James for taking up of Arms, or entering into
Hostility with the said King of Spaine; and for resisting of Him and His Forces from attempting the
Invasion of His said Majesty's Dominions, and the
Dominions of His said late Majesty's Confederates,
Friends, and Allies; the said King of Spaine having
long thirsted after an universal Monarchy in these
Western Parts of the World; hath many Times, both
by Words and Letters to the said late King and His
Ministers, extolled and magnified the Greatness and
Power of the said King of Spaine, and represented
unto His said late Majesty the supposed Dangers
which should ensue unto Him, if a War should happen between Him and the said King of Spaine; and
affirmed and insinuated unto His late Majesty, that,
if such a War should ensue, His said late Majesty,
during the Residue of His Life, must expect neither
to hunt nor hawk, nor to eat His Meat in Quiet;
whereby the said Earl of Bristoll did cunningly and
traiterously strive to retard the Resolutions of the
said late King, to declare himself an Enemy to the
said King of Spaine, who, under Colour of Treaties
and Alliances, had so much abused Him, or to resist
His Arms and Forces, to the Loss of Opportunity of
Time, which cannot be recalled or regained, and to
the extreme Dishonour of His said late Majesty, and
to the extreme Danger and Detriment of this Realm.
"4. That the said Earl of Bristoll, upon his Dispatch
out of this Realm of England in his Embassage aforesaid, having Communication with divers Persons in
London, within this Realm of England, before his
going into Spaine, in and about his Embassage aforesaid, concerning the said Treaty, for the negotiating
whereof the said Earl was purposely sent; and he
the said Earl being then told that there was little
Probability that those Treaties would or could have
any good Success, he the said Earl acknowledged as
much; and yet nevertheless, contrary to his Duty
and Allegiance, and contrary to the Faith and Trust
of an Ambassador, he then said and affirmed, that he
cared not what the Success thereof would be; for he
would take care to have his Instructions perfect, and
to pursue them punctually; and, howsoever the Business went, he would make his Fortune thereby, or
used Words at that Time to such Effect; whereby it
plainly appeareth that the said Earl, from the Beginning, intended not therein the Service or Honour
of His late Majesty, but his own corrupt and sinister
Ends, and his own Advancement.
"5. That, from the Beginning of his Negotiation,
and throughout the whole managing thereof by the
said Earl of Bristoll, in and during his Embassage
aforesaid, he the said Earl, contrary to his Faith and
Duty to God, the true Religion professed by the
Church of England, and the Peace of this Church
and State, did intend and resolve, That, if the said
Marriage, so treated of as aforesaid, should by his
Ministry be effected; that thereby the Romish Religion, and the Professors thereof, should be advanced
within this Realm, and others His Majesty's Realms
and Dominions; and the true Religion, and the Professors thereof, discouraged and discountenanced; and,
to that End and Purpose, the said Earl, during the
Time aforesaid, by Letters unto His late Majesty and
otherwise, often counseled and persuaded the said
late King's Majesty to set at Liberty the Jesuits and
Priests of the Romish Religion, which, according to
the good, religious, and politic Laws of this Realm,
were imprisoned or restrained; and to grant and allow unto the Papists and Professors of the Romish Religion a free Toleration, and a silencing of all the
Laws made and standing in Force against them.
"6. That, by the false Informations and Intelligences of the said Earl of Bristoll, during the Time
aforesaid, unto His said late Majesty, and to His Majesty that now is, being then Prince, concerning the
said Treaties, and by the Assurances aforesaid given
by the said Earl, His said late Majesty and the Prince,
His now Majesty, being put into Hopes; and by the
said long Delay used without producing any Effect,
their Majesties being put into Jealousies and just
Suspicion that there was not that Sincerity used towards them which they expected, and which, by so
many Assurances from the said Earl, had, on their
Parts, been undertaken; the said Prince, our now
Gracious Sovereign, was inforced, out of His Love
to His Country, and to His Allies, Friends, and Confederates, and to the Peace of Christendom, who all
suffered by those intolerable Delays, in His own
Person to undertake His long and dangerous Journey
into Spaine; that thereby he might either speedily
conclude those Treaties, or speedily discover that, on
the Emperor and King of Spaine's Part, there was
no true and real Intention to bring the same to Conclusion, upon any fit and honourable Terms and Conditions, and so absolutely and speedily break them off;
by which Journey the Person of the said Prince,
being then Heir Apparent unto the Crown of this
Realm, and in His Person the Peace and Safety of this
Kingdom, did undergo such apparent and yet such inevitable Danger, as at the very Remembrance thereof
the Hearts of all good Subjects do even tremble.
Offences done and committed by the said Earl during the Time of the Prince's being in Spain.
"7. That, at the Prince's coming into Spaine,
during the Time aforesaid, the said Earl of Bristoll
cunningly, falsely, and traiterously moved and persuaded the Prince (being then in the Power of a Foreign King, of the Romish Religion) to change His
Religion, which was done in this Manner: At the
Prince's first coming to the said Earl, he asked the
Prince for what He came thither. The Prince, at
first not conceiving the Earl's Meaning, answered,
You know as well as I. The Earl replied, Sir,
Servants can never serve their Master industriously,
although they may do it faithfully, unless they know
their Meanings fully. Give me Leave, therefore, to
tell You what they say in the Town is the Cause of
Your coming; that You mean to change Your Religion, and to declare it here; and yet cunningly to disguise it. The Earl added further, Sir, I do not
speak this that I will persuade You to do it, or that
I will follow Your Example, though You will do it;
but, as Your faithful Servant, if You will trust me
with so great a Secret, I will endeavour to carry it
the discreetest Way I can. The Prince, being
moved with this unexpected Motion, again said unto
him, I wonder what you have ever found in Me,
that you should conceive I would be so base or unworthy as, for a Wife, to change My Religion. The
said Earl, replying, desired the Prince to pardon
him if he had offended Him; it was but cut of his
Desire to serve Him: Which Persuasions of the said
Earl were the more dangerous, because the more
subtile; whereas it had been the Duty of a faithful
Servant to God and his Master, if he had found the
Prince staggering in His Religion, to have prevented
so great an Error, and to have persuaded against it;
so to have avoided the dangerous Consequences thereof to the true Religion, and to this State, if such a
Thing should have happened.
"8. That afterward, during the Prince's being in
Spaine, the said Earl having Conference with the said
Prince about the Romish Religion, he endeavoured,
falsely and traiterously, to persuade the Prince to
change His Religion as aforesaid, and become a Romish
Catholick, and to become obedient to the usurped
Authority of the Pope of Rome; and, to that End
and Purpose, the said Earl traiterously used these
Words unto the said Prince: That the State of England did never any great Thing, but when they were
under the Obedience of the Pope of Rome; and that
it was impossible they could do any Thing of Note
"9. That, during the Time of the Prince's being
in Spaine as aforesaid, the Prince consulting and advising with the said Earl and others about a new Offer made by the King of Spaine, touching the Palatinate; which was, that the eldest Son of the Prince
Palatine should marry with the Emperor's Daughter,
but must be bred up in the Emperor's Court; the
said Earl delivered his Opinion, that the Proposition
was reasonable; whereat when Sir Walter Aston, then
present, falling into some Passion, said, that he durst
not for his Head consent unto it, the Earl of Bristoll
replied, that he saw no such great Inconvenience in
it, for that he might be bred up in the Emperor's
Court in our Religion. But, when the extreme Danger, and in a manner the Impossibility thereof, was
pressed unto the said Earl, he said again, that, without some such great Action, the Peace of Christen
dom would never be had; which was so dangerous
and desperate a Counsel, that one so near to the
Crown of England should be poisoned in his Religion, and put into the Power of a Foreign Prince,
Enemy to our Religion, and an Unfriend to our State,
that the Consequence thereof, both for the present
and future Times, were infinitely dangerous: And
yet hereunto did his Disaffection to our Religion, the
Blindness in his Judgment, misled by sinister Respects,
and the too much Regard he had to the House of
Austria, lead him.
Offences done and committed by the said Earl after the Prince's coming from Spain.
"10. That, when the Prince had clearly found
Himself and His Father deluded in these Treaties,
and thereupon resolved to return from the Court of
Spaine; and yet, because it behoved Him to part
fairly, He left the Powers of the Desposorios with
the said Earl of Bristol, to be delivered upon the Return of the Dispensation from Rome (which the King
of Spaine insisted upon, and without which, as He
pretended, He would not conclude the Marriage);
the Prince, foreseeing and fearing lest, after the Desposorios, the Infanta, which should then be His Wife,
might be put into a Monastery, wrote a Letter back to
the said Earl from Segovia, thereby commanding him
not to make Use of the said Powers, until he could
give Him Assurance that a Monastery might not rob
Him of His Wife; which Letter the said Earl received, and with Speed returned an Answer thereunto into England, persuading against this Direction,
yet promising Obedience thereunto. Shortly after
which, the Prince sent another Letter to the said Earl
into Spaine, discharging him of his former Command; but His late Majesty, by the same Messenger,
sent him a more express Direction, not to dispatch
the Desposorios until a full Conclusion were had of
the other Treaty of the Palatinate, together with
this of the Marriage; for His Majesty said, That He
would not have one Daughter to laugh, and leave
the other Daughter weeping; in which Dispatch
although there were some Mistaking, yet in the
next following the same was corrected, and the Earl
of Bristol still tied to the aforesaid Restrictions, which
himself confessed in one of his Dispatches afterward,
and promised to obey punctually the King's Command therein; yet nevertheless, contrary to his Duty
and Allegiance, in another Letter, sent immediately
after, he declared that he had set a Day for the Desposorios, without any Assurance, or so much as
treating of those Things which were commanded to
him as Restrictions; and that so short a Day, that
if extraordinary Diligence, with good Success in the
Journey, had not concurred, the Prince's Hand might
have been bound up, and yet He neither sure of a
Wife, nor the Prince Palatine of any Restitution,
nor any Assurance given of the Temporal Articles;
all which, in his high Presumption, he adventured
to do, being an express Breach of his Instructions;
and, if the same had not been prevented by His late
Majesty's Vigilancy, it might have turned to the infinite Dishonour and Prejudice of His Majesty.
"Lastly, that he hath offended in a high and contemptuous Manner, in preferring a scandalous Petition to this Honourable House, to the Dishonour of
His Majesty, of Blessed Memory, deceased, and of
His Sacred Majesty that now is, which are no Way
sufferable in a Subject toward his Sovereign; and in
one Article of that Petition especially, wherein he
gives His now Majesty the Lie, in denying and offering to falsify that Relation which His Majesty affirmed, and thereunto added many Things of His
own Remembrance, to both Houses of Parliament.
Mr. Attorney having read the Charge, and the Earl
of Bristol permitted to speak for himself; he first craved Pardon of their Lordships for his earnest Speeches
here the other Day; confessing he spake in Passion;
saying, "That an unexpected Accusation of High
Treason would warm an honest Heart; and I like my
Heart never the worse for it; but he would hereafter amend that Fault."
Then he rendered their Lordships all most humble
Thanks for this Manner of Proceeding against him, and
desired to know from Mr. Attorney, "Whether this be
his whole Charge or no?"
Mr. Attorney answered, "That he hath Commandment to open no more against him; peradventure, in
the Opening of the Charge, upon some Incidents of
his Answer, some other Particulars may arise, and
be urged; but no new Matter should."
Then the Earl desired to know of Mr. Attorney
the Relator, as he might understand who is his Accuser.
And Mr. Attorney answered, "That the King Himself, out of His own Mouth, had given him Directions for his own Relation against the Earl, and corrected many Things which were added."
Unto which the Earl replied, and said to this Effect: videlicet,
E. of Bristol's Defence.
"I will not contest with the King; neither doth it
beseem me so to do; neither esteem I my Life or
my Fortunes so much as to save them by contesting with my Sovereign; and therefore I would make
no Reply nor Answer, were it not that my Honour
and Religion were jointly questioned with my Life;
but, they being to descend to my Posterity, for their
Sake I am an humble Suitor to His Majesty, that He
would not take Indignation at my own just Defence.
Yet I will be ready to make any humble Submission
to His Majesty; and I heartily desire that some
Means may be made that I may make it personally
unto Himself; wherein I will submit myself most
willingly to any Act of Humiliation and Submission
(not wronging my Innocency), that ever Subject did
towards his Sovereign; and I also desire that His Majesty would be pleased to set Himself here on His
Throne of Justice, and declare that, out of His
Royal Justice, he leaves the Duke of Buckingham and me upon equal Terms; and that neither of
their Causes shall be advanced before the other.
"These my humble Petitions I beseech your Lordships to present unto His Majesty, on my Behalf;
and withall what a Disservice it will be unto His Majesty hereafter, in Embassages, if my Accuser shall
be my Judge, His own Witness, and have my Confiscation.
"As touching the Charge itself, I have once answered it all (except that of my Petition); and I
doubt not but to clear myself of every Particular
thereof. I expected not to have heard of these again.
I expected a Remonstrance of some Practice with Spaine
against the State; or to be charged with the Receipt
of Ten or Twenty Thousand Pounds for the persuading and procuring the Delivery up of some Town
that the Crown was in Possession of as might be
The Brill, or Flushing, or the like; or for being the
Means of the King's Ships to serve a Forcign Nation against those of our own Religion; or for the
revealing of His Majesty's highest Secrets, which
none but Two or Three did know of; or for treating
of the greatest Affairs, as it were by mine own Authority, without former Instructions in the Point; or,
as the Law calls it, to have committed some Overt-act
of Disloyalty; and not to be charged, after Seven Embassages, with Discourses and Inferences.
"I desire your Lordships that I may have a Copy of
my Charge in Writing, and Time for my Answer, and
Counsel assigned me.
"There is a great Difference between the Duke of
Buckingham and me. The Duke is accused of Treason, and yet at large, and in the King's Favour; and
I, being accused but of that which I had long since
answered, am a Prisoner: And therefore I beseech
your Lordships, that we may be put into equal Condition; and forasmuch as I have exhibited Articles
against the Lord Conway, I humbly desire that his
Lordship may not meddle in this particular Business,
nor use the King's Name against me ex Officio, as
Secretary of State; and that your Lordships would
be Suitors unto His Majesty, on my Behalf, that all
the particular Dispatches of my own Embassages, and
Sir Walter Ashton's, might be brought hither; and I
to make use of them for my Defence, as of my
"And sith His late Majesty hath heretofore, in
the Presence of many Lords here present, affirmed
that I had neither committed Treason nor Felony in
my late Embassages, and permitted divers of His
Servants to come unto me; and His Majesty that
now is then said that He thought me an honest
Man, and hath lately said that my Faults were but
Criminal, in the Presence of divers of your Lordships
and others; and the Lord Conway did lately offer me
to come to my Trial, but he thought the CoronationPardon would free me; and yet now my Offences are
made High Treason. And for that, when I saw I
could get no Redress from His Majesty by Means of
the Duke of Buckingham, I did address my Petition unto this House concerning him, the Duke's Cunning
hath made the King a Party against me; and, for my
Accusation of him, I am made a Traitor, and he a
Judge to vote against me. I do therefor humbly beseech your Lordships to distinguish of this, and (although I have been too tedious already) to suffer me
to proceed, and present my Case unto you."
Which being granted; he said:
"At the Prince's coming out of Spaine, I was in Favour with His Highness; and with the late King also,
at His Return into England. But I having acquainted
the Prince (at His being in Spaine) with my Letters
which I wrote unto the late King, of the Duke's unfaithful Dealings (which Letters His Highness forbad
(fn. *) me to send); and the Duke at his Return having
gotten a Sight of those Letters (hinc illæ lachrymæ!)
he laboured with the Duke of Richmond and the Marquis Hamilton for my Commitment to The Tower, so
soon as I should return into England; and he moved
the Marquis to deal with the Lord Chamberlain for
my Commitment, though but for a Time, until Things
were settled, lest my coming to the King should disturb
all. I desire the Lord Chamberlain, who is here present, to deliver his Knowledge herein.
"Then the Duke accused me in the Parliament of
the Prince's dangerous Journey into Spaine, which I
will prove to have been plotted by the Duke himself
aforehand, with Conde de Gondomar, the Spanish Ambassador; and I will also make it appear unto your
Lordships, that there are very many Contrarieties in
the Duke's Relation to both Houses. I, hearing of
this, and of the many Dangers threatened me, offered to come Home presently; but my Letters were
answered, that I might stay and come at Leisure.
Yet I came with as much Speed as conveniently I
could, considering my long Journey, and that I
brought my Wife and Family with me; and being at
Callys, with above Forty Thousand Pounds-worth of
the King's Jewels, I could not procure Shipping from
hence to pass me over; but was enforced to venture
in a Boat with Six Oars; I making Haste to come before the Parliament should end, and the Duke using
all the Means he could to put off my coming until
the Parliament was ended.
"At my coming to Land, a single Letter was sent me,
of some Six Lines, from the Lord Conway, of His
Majesty's Pleasure not to come to the Court, but to
remain in my own Lodging. Being there, I petitioned the King that I might answer in the Parliament;
and His Majesty said, that the Parliament was so incensed against me, that it was not safe for me to be
brought thither; but, within a few Days, I should
have an End of my Troubles.
"At last, I had Articles sent me by Commissioners
appointed to enquire of my Proceedings; which Articles contained the Substance of this Charge; and I
fully answered them in Writing; and the late King
read them all, and was so well satisfied therewith that
He sent me Word that He would see me. Whereupon the Duke of Buckingham desired His Majesty that
I might first answer some Four other Questions; which
being delayed, and I petitioning the King for them to
be sent me, His Majesty gave Order to have them
presently sent; yet they came not. Divers Delays
were sought; and at last the Lord Conway wrote me
a Letter that they were ready; but he thought it
better I did accommodate the Business.
"Though I often solicited the Lord Conway, yet his
Lordship, perceiving that I should be cleared by the
Commissioners, would never send those Questions, nor
suffer the Commissioners once to meet; and at last answered that he had no more to do with me.
"Then the late King sent me a Message, to write
but a fair Letter unto Bucks for a Reconciliation;
and that I should leave the rest unto Him. The
Duke hereupon sent one Mr. Clerke unto me, what
fair Propositions I should make; only to retire into
the Country, and not come to the Court; but permit
his Grace to dispose of the Vicechamberlain's Place.
And I shewing Mr. Clerke, by way of private Conference, what Papers I had to produce against the
Duke, his Grace then required a Retraclation; which
I denied; and so all Reconcilement brake off. Afterwards the Duke sent me a certain Proposition in a Letter, which I should acknowledge; and the Preface
of that Proposition saith, It is not granted that the
Earl of Bristol hath, by his Answer, satisfied either
the King, the Prince, or me, of his Innocency (a
strange Conjunction of a Subject!); and the Duke
would not be satisfied with less than a direct Acknowledgement.
"Upon this, I petitioned the late King, that I might
be at Liberty to follow my Affairs freely; which His
Majesty condescended unto, and signified His Pleasure
by the Duke, that He was satisfied; and that there
fore I had my Freedom. But, when I had an Intent
to come to my Lodging at Whitehall, and made the
Duke acquainted therewith, he seemed much displeased thereat; and moved His Majesty that I might
first make an Acknowledgement of my Fault, which
His Majesty refused to compel me unto; saying He
might then be thought a Tyrant, to force a Man to
acknowledge that which he was not guilty of; and
His Majesty sent me Word, that I should make no
Acknowledgement unless I would freely confess my
self guilty. Yet the Duke caused a Message to be
sent me, that His Majesty expected that I should make
the said Acknowledgement, and confess myself guilty.
And thus it stood with me when the late King (my
Blessed Master) sickened and died.
"When His Majesty that now is came to the Crown,
He was pleased to send me a Gracious Message, upon
the Occasion of a great Sickness I had; and my Writ
of Parliament was freely sent me; but, out of Respect, I desired to know what would best please the
King, my Coming, or my Stay from the Parliament.
And the Duke of Buckingham did write unto me, that
His Majesty took that Respect very well at my Hands,
but would have me excuse my coming; for which I
craved a Letter of Licence from the Parliament; instead whereof I received from the Lord Conway a Letter of Prohibition, and Restraint and Confinement,
under the King's own Hand, whereas before I was
restrained only by the Lord Conway.
"After this, I continued quiet almost a Year in the
Country, until the Coronation; and then I wrote a
most humble Letter unto His Majesty, and to the
Duke of Buckingham; but received a Letter from His
Majesty, written in a great Roman Hand, inclosed in
one from the Duke, so differing from those Gracious
Messages His Majesty had formerly sent me, and several Professions His Majesty had made to my Wife
and others, that I knew not what Judgement to make
of the said Letters; and divers Copies of them were
"Then, my Writ of Parliament being denied, I several Times caused the Lord Keeper to be moved for
it; but could procure no Redress. And when I petitioned the House for my Writ, the Duke thereupon
took Occasion (to my great Disgrace) to read the
above-specified Letter in the open House; and a Letter of Prohibition was sent me (with my Writ) to stay
me from the Parliament. Upon this I petitioned the
House for Redress against the Duke of Buckingham's
Wrongs unto me, and accused him of divers Crimes;
and, since the House was possessed of this my Petition, I have been charged with Treason; having been
offered from His Majesty but few Days before to rest
in Security, and not to be questioned; but I, thinking it fit for the clearing of mine Honour to have
Recourse unto this House, do find myself a restrained
Man, and the Duke at Liberty, sitting as one of my
Judges; which I hope your Lordships will speedily
redress. And I humbly desire your Lordships to take
my Cause into your Consideration, having put myself
wholly into your Hands."
E. of Bristol withdrawn.
This being spoken by the Earl of Bristol, he was
And the Lord Chamberlain being required by the
House, to deliver his Knowledge of that which the Earl
had vouched him for; he said, "The Marquis Hamilton told me, That in a Speech which he the said
Marquis had with the Duke of Buckingham, the Duke
told him, that his Niceness, the Duke of Richmond's,
and mine, in not giving Way to the Earl of Bristol's
Commitment to The Tower, would prejudice the
Cause; for, if he came to the King, he would put
new Hopes into His Majesty, whereby the Breach of
the Treaties with Spaine, touching the Marriage and
the Palatinate, would be hindered."
At the Bar again.
To have a Copy of the King's Charge against him, and be allowed Counsel.
The House having debated, and agreed how far to
allow of the Earl's Requests, he was brought to the Bar
again; and the Lord Keeper signified unto him, That
their Lordships require him the said Earl to put in Writing the short Heads of those Petitions, which he desires
this House to present unto the King on his Behalf;
and of what else he will desire their Lordships to be
Mediators for him to His Majesty; which the Earl promised to do on Monday next. The Lord Keeper further
told him, That the House had granted him a Copy of
the King's Charge against him; and that he should have
Counsel allowed him to plead his Cause; and that he
is to let their Lordships know on what Time he shall be
ready to make his Answer.
And the Earl desired to have Time till this Day Sevennight for his Answer; for that many of his Dispatches
are in the Country, which he would send for up in all
Mr. Attorney signified to their Lordships (being demanded from what Time he would charge the said Earl),
That he had Directions to charge him no further than
with the Dispatches (fn. *) of Anno 1621, and downwards.
Whereupon the Earl besought their Lordships, that
on Monday next he might signify when he shall be ready
to make his Answer. Which being granted by the
House, he rendered their Lordships most humble and
hearty Thanks for their Honourable Proceedings; and
so he was withdrawn.
Horsley to have a Habeas corpus.
The Earl of Bridgewater reported, That one John
Horsley, a poor Man, and Prisoner in Ludgate, hath
exhibited his Petition; complaining of many Wrongs by
him received; and, for that he is not of Ability to retain Counsel to make the Truth of the Cause known,
the Lords Committees for Petitions do think it fit, That
a Habcas corpus be awarded, to bring him before them
on Thursday next, at Two of the Clock in the Afternoon, and afterwards de die in diem, as often as their
Lordships shall appoint.
Which was Ordered accordingly.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Lunæ
proximum, videlicet, octavum diem instantis Maii, hora
nona, Dominis sic decernentibus.