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Sir Francis Leeke versus Lord Deyncourt.
THE Petition of Sir Frauncis Leeke, Knight, was
read; wherein he complains, that he made a Lease unto
his Eldest Son (the Lord Deyncourt), of all his Lands,
worth Four Thousand Pounds per Annum, at a Yearly
Rent of One Thousand Four Hundred Pounds per
Annum, of which Rent there is now Two Thousand One
Hundred Pounds Arrear, for which he is inforced to
sue in the Chancery (being Ninety-four Years of Age);
unto which Suit the Lord Deyncourt, by Privilege of
Parliament, refuseth to answer.
Whereupon it was Ordered, The Suit to proceed in the Chancery presently, notwithstanding the Privilege of Parliament; and, upon the Payment (fn. *) of the
Rent behind between this and the next Term, the Suit
to be stayed.
This Day the Lords appointed to make Report of the
Conference with the Commons on the 10th Day of this
May in the Forenoon, proceeded therein.
And the Earl of Devonshire began, and reported his
Part thereof on this Manner: videlicet,
Earl of Devonshire's Report of the Conference concerning the Complaint of the Commons, against the Duke of Bucks.
"May it please your Lordships,
"Seeing you have been pleased to lay this Burthen
upon me, it is my Duty to obey your Commands; and
I shall endeavour, as near as I can, to render unto
your Lordships what was spoken by the Fifth Gentleman from the House of Commons at this Conference.
That now is my Duty as a Reporter; and, not daring
to trust my own Memory, I shall, with your Lordships
Favour, as my Lords that have gone before me, take
Assistance from my Notes. The Gentleman began
"It hath pleased God, who hath the Events and
Issues of all Things in His disposing, by Sickness laid
on a Gentleman who should have performed this
Part, and much more (I doubt not) to your Lordships
Contentment, to cast this Task upon me, which I had
formerly declined, out of the Consideration of the
Importance of the Business, the Greatness of this
Presence, and my many Defects, best known to
"But since, by the Act of God, this Necessity on
such a sudden is imposed upon me, and that I am
snatcht as a Bush to stop a Gap, I hope your Lordships
will not expect from me that Composure, that Fulness, that Strength of Speech, which you have had
from my Companions that went before me; for, in
these Streights of Time, I shall plainly and but confusedly, yet faithfully and effectually, as near as I
can, according to the Sense of that House from which
I received my Command and Direction about this Service, open (fn. *) and inforce this Part of the Charge,
which now falls to my Share.
"The particular Articles which fall to my Lot are
concerning Honour and Judicature, Two Prime
Flowers of the Crown; whereof I, being a poor
Commoner, acknowledge myself most unfit to speak
in the Presence of so many great Persons of Honour,
and of the Supreme Judges of this Kingdom.
"But I am commanded from the House of Commons
to say, that as your Lordships, though in a higher
Sphere, yet are pleased so far to descend, as to be
sensible of those Things which afflict and grieve the
Commons, and the Common-wealth; so we hope it
will not be accounted Presumption in us to fall into
Consideration of some of those Things, which may
seem at the first more nearly and immediately to concern your Honours.
"And yet I must further let you know, that the
main Part of the Charge concerning Honour, if well
observed, toucheth the Commons as directly, if not
more nearly, in Point of Liberty, than it doth the
Peers in Point of Dignity, as you shall now perceive.
"Here, my Lords, I must do, as he did; desire that
the Ninth Article may be read.
"This, my Lords, being read, he went on thus:
"The Parts (fn. †) of this Charge, as your Lordships may
perceive, are Two:
"1. The First, more general, That this Great Duke
hath preverted the ancient and honourable Way of
obtaining Titles of Honour.
"2. The Second, That, for his particular Gain, he
hath enforced some unwilling to purchase Honour.
"1. For the First, I must say, by Way of Protestation, that the Commons repine not at any Man
lately advanced to Honour; they (fn. 4) think them not
unworthy of it; but, for their own Sakes, and the
Honour of the State, they wish their Virtues and Deserts had solely raised them thereunto, without (fn. *) contributing to this bottomless Gulph.
"They complain only against the unworthy Way to
Honour, brought in by this great Man, for his own
Lucre, and to the Diminution of that high Respect
due to the ancient and virtuous Nobility of this
"They sell upon it in this Manner. In their Disquisition of the Evils which the State presently suffers,
they reduced them to these Two general Heads:
"1. Stoppage and Decay of Trade.
"2. Diminution of the Honour and Strength of the
"In Enquiry touching the Causes of the Diminution
of Honour, they pitched upon the Introduction of
this new Trade and Commerce of Honour.
"That this Trade hath been exercised by this great
Man, hath fallen from himself; you all had him confitentem reum; only he endeavoured to take off (fn. †) the
Envy of being the first Beginner of it.
"All which notwithstanding, the House of Commons
still conceives, that Honour was a Virgin undeflowered,
at least not so publicly prostituted, before the Times
of this Man, who makes Account, all Things, all
Persons, should stoop and subject themselves to his
loose Desires and vain Fancies.
"In viewing over the Article last read, I will shew:
"1. That the Sale of Honour is an Offence.
"2. What Offence, and of how ill Consequence it is.
"For the First, my First Reason shall be drawn from
the Nature of Honour.
"Honour is an immediate Beam of Virtue; and therefore can no more by a Price be fixed upon an unworthy
Person, than Fire can be struck out of a Stick.
"Secondly, for the Subject of Honour, about which
there is a Controversy amongst the Moral Philosophers: But the Master of Learning, Aristotle, concludes it to be in honorante, non in honorato.
"Now it is not the Price paid to a great Man for a
Title, can procure Honour and Regard from others,
but his own Noble Parts.
"Thirdly, From the Comparison of Honour with
this Price whereat it is set.
"There are Two Sorts of Inheritances: one heavy
and terrestrial; videlicet, Land, for which the refined White and Yellow Earth of Silver and Gold is
"The other, namely, Honour, is a spiritual sublime
Inheritance, to which no Earthly Price can be answerable. Which to clear further, the Civilians divide
all Prices thus:
Omne Pretium vel est, 1, ex natura Rei; vel, 2, ex
"For the Second, there was never any Nation so
barbarous as to assess a certain Price for Titles of
"For the First, there must be some Proportion between the Price and the Thing apprised; and where
this is not, there can be properly and naturally no Sale
of Things; and therefore, in this Rank of Things not
vendible, the Casuists place these Three Sorts of
"1. Res inestimabiles.
"2. Res sacræ et divinæ.
"3. Res pro publico usu.
"1. Honour is above all Estimation; and therefore
may well be resembled to Liberty, of which the Civilians have a Saying, Libertas est inestimabilis; so
Honour certainly transcends all Price and Valuation.
2. Honour is sacred. She had a Temple dedicated
to her amongst the Romans. Nay, I can derive it from
Heaven, at least by Way of Resemblance, upon
Authority of Scripture. Kings are therein stiled
Gods; and therefore, by a good Analogy, our Barons, Viscounts, Earls, may well, as in a Type, express the Principalities, Powers, and Dominions, in
the Angelical Hierarchy, that encompass more nearly
the Divine Majesty, and attend His Throne.
"3. Honour is a public Thing, and ought to be conferred as a Reward of public Service and Desert, according to Aristotle, in his Rhetoricks: Honor pro
Præmio dandus, non Præmium pro Honore.
"For the Quantity and Quality of this Offence, it is
greater and worse than it may seem at the first Blush,
if the ill Adjuncts and Consequents of it be well considered.
"1. It soils the most beautiful Flower of the Crown,
and makes it vile and cheap in the Eyes of the
"2. It takes away from the Crown one fair and frugal Way of rewarding great deserving Servants, who
will never be satisfied with that which they find so
much slighted, and so easily to be purchased.
"3. It is the Way to make Men more studious of
Lucre than Virtue.
"4. It shuffles promiscuously and confusedly together
those of the inferior Allay with those of the purest
and most generous Metal.
"5. It is a prodigious Scandal of this once Famous
"For Example or Precedent of like Sort, I am confident there is none; I am confident your Lordships
look for none, think there's none.
"Now is a fit Season to make a Precedent of this
Man, who, being lately raised to a transcendent Height,
thinks he cannot shine bright enough unless he dim
and damp the rest of his own Sphere, and render
your Honour contemptible, by Commonness and Saleableness of it.
"2. Yet hath this great Man gone one Step of Unworthiness further. He not only sets Titles of Honour to Sale, come buy that will, and awards to his
Agent a Venditioni exponas for them; but hath compelled others, that were modest, and could have been
contented to have remained in their own Rank, to
take them at a Price set by himself.
"For the particular Noble Gentleman named in this
Article, I am commanded to say of him, as Tacitus did
of Galba, Dignus imperare, si non imperasset. So this
Man might well have come to this Honour, so it had
not been this Way; and in that we impute no Blame
unto him, but that he did it ad redimendam Vexationem;
but think there well may be made the same Distinction
between him and the great Man, which Divines make
between the active and the passive Usurer.
"For the Matter itself, it seems very strange to the
House of Commons, that this great Man, who is
taken Notice of to be the principal Patron and Supporter of a Semi-pelagian Semi-popish Faction, dangerous to the Church and State, lately set on Foot
amongst us, that, amongst other Things, hold a modified Freedom of Will in Divine Things, and a Power
and Liberty in a Man to receive or refuse Divine
Grace offered; that this Man, I say, should be so incongruous, and so far depart from his Principles, as to
deny a Man Freedom of Will in Moral Things, and
impose a Necessity of receiving the Grace of a King
in a Title of Honour whether he would or no. What
is this but to add Inhumanity to Oppression, and Injury to Incivility?
"But here it is fit I answer a Precedent or Two in
our Law, of compelling Men to take Titles and Places
"5 H. V. Num. 10. Martyn Babington, and divers
other Learned Men, had Writs delivered them to be
Serjeants; upon which, out of their Modesty, and
Love of Ease, they refused to appear; but, upon the
Charge of the then Warden of England, they, after
a long Day given, appeared, and took the Degree
upon them. There is also a Writ in the Register to
compel Men, in some Case, by reason of their Tenure,
in others by reason of the Quantity of their Land,
to come in, and take the Degree of Knighthood.
"To these I answer, That it is the Wisdom and
Policy indeed of the Common Law (as appears in
these Laws) to draw Men in that are fit, though
otherwise backward, out of Modesty and other Respects, to take on them those Degrees and Dignities
which draw along with them the Burthen of Service and Action in the Common-wealth, in the Time
of Peace and War, for the Public Good. But that
(fn. *) a Man should be enforced by a private Man, for his
private Lucre, to take a Title or Degree upon him,
against his own Liking, is without all Example, against
all Law, and of dangerous Consequence.
"For a Man of great Power may as well, nay better,
compel a Man to buy a Piece of Land from him, or
sell a Piece of Land to him, at his own Price; he may
enforce a Man to take a Wife with what Portion he
pleaseth, etc. Whereto if Way be given, what is this
but to let in upon us an incroaching subalternate
Tyranny of a Subject, under a most wise, most gracious, and most moderate King?
"My Lords, he, thus concluding his Discourse upon
this Article, desired that the Tenth Article might be
read; and so now do I.
"This, my Lords, being also read, he went on again
"Before I enter upon this, I must, as I did in the
other precedent Article, say somewhat by way of
"First, from the House of Commons, I am directed,
to the Honour of the King's Majesty, and all our
Comforts, with humble Thankfulness to acknowledge,
that, since His happy Coming to the Crown, there
have been as many of eminent Parts, Learning, and
Integrity, preferred to the Seats of Justice, and other
Places of Trust, as ever were, in so short a Time, in
any King's Reign.
"Next, concerning the First great Lord named in
this Article last read, there is no Intention of any Reflexion upon him. We think his own Deserts might
well have raised him to that high Office, without any
other Price, and have continued him longer in it too,
if he had not been shuffled out, by some that shuffled
and cut all in those Days.
"For the Things charged in the last Article; videlicet, the Sale or Procurement of Judicial Places, and
other Offices of Trust, for Money; that this is an
Offence, is so clear, that to spend Time in Proof of it
were all one as to go about to make Glass more
transparent by painting it.
"I will take the Ground of what I shall say upon this
Subject from Magna Charta, Cap. 29. These Words,
Nulli vendemus, nulli negabimus, nulli differemus Justitiam; this, as you may see, is spoken in the Person
of the King, in the Behalf of Him and His Successors.
He therefore that abuses his Favour and Power with
His Majesty, to procure Places of Judicature unto
others for Money, doth as much as in him lies to
make the King break His Word with His People.
This will appear more clearly by looking into the
other Parts of that Clause. If any should procure
the King to leave the Seats of Justice empty, and make
no Judges, or to delay the Supply of vacant Rooms
of Judges, when their Service might be requisite for
the Administration of Justice, I think therein no Man
but would say Magna Charta were infringed; so is
it certainly in the other Part too, when those through
whose Lips and Hands Justice is to run, are put to
buy their Places; for it cannot but follow, and it
must be expected, that they that buy must and
will sell again, to make their own up with Advantage.
"Hence sprang the Resolution of Alexander Severus,
which Lampridius mentioneth in his Life: Non patiar
Mercatores Potestatum quos si patiar, damnare non
possum. Erubesco enim punire eum hominem qui emit et
"The ill Consequences that must needs follow upon
the Sale of the Places of Judicature, and other Offices
of Special Trust, are these:
"1. Unworthy Men shall always, or for the most Part,
supply great Places, because, being conscious to themselves of their own Want of Worth, they must needs
hold themselves obliged to supply that with a greater
Weight of Gold.
"2. Contentious Quarrels and Suits will be cherished
and lengthened out by their Means that sit in the Seat
of Justice; since that makes for their Profit, and they
think they do well omnibus viis et modis to make it a
"3. Men will far more endeavour to break their
Brains to get Money, than Learning and Sufficiency.
"4. Those that have the best Purses, though the
worst Causes, shall find the best Measure in the Courts
"5. The Great Men, that sell Places and Offices to
others, must and will maintain the undue Exactions
and Extortions of those whom they have so raised;
both because they are their Creatures, as also for
that the more the Gain is greatened, the greater Fine
must be paid to the next Vacation by the following
"6. If good and able Men, by some special Providence, be placed at any Time in some eminent Offices, Quarrels will be picked, and some Faults found
or made in them, that, by their displacing, Way may
be made for such as stand ready, with their Money in
their Hands, to leap into the Saddle, and will be more
"Upon these and the like Reasons, Moral Heathens
have given especial Caveats, and made Laws against
this Offence. Arist. 5° Polit. Cap. 8. Cavendum est
in rebus ne Lucrum ex Magistratibus proveniat.
"And the same Author, 3° Polit. Cap. 3. Apud Thebanos Lex est, ut nemo habilis esset ad Munera Reipublicæ suscipiendum, nisi per Decennium a Mercatura destitisset.
"The Civilians and Casuists, descanting upon this
last Law of the Thebans, shew the Reason of it to be
double: 1. Because the Merchants Trade consists
wholly in buying and selling. 2. In the Companies
of Merchants, he is thought the best Merchant that
can gain most. And therefore, if there should not
be some good Time limited, wherein they might forget by Leisure their former Course of Life, it is feared
they would, even in Places of Judicature, walk in the
same Ways they did when they were Merchants, and
sell Justice; thinking him the best Judge that could
make most of his Place.
"I may well bring in the Popes next to the Pagans,
a Generation none of the purest (I may say safely)
from Corruption; yet have they shewed their Dislike and Detestation of this foul and hateful Offence.
"To the Second Tome of the Papal Constitutions,
there is a Bull of Pius Quintus, wherein he inflicts
the Penalty of Confiscation of Goods upon him that
buys either an Office or Dignity, which hath Jurisdiction annexed; and condemns tam ambitiosos hujusmodi quam Pecuniarum hujusmodi Receptores et Stipulatores.
"Gregory the Thirteenth, in his Extravagants, hath
somewhat to the like Purpose, in a Title de Datis et
Promissis pro Gratia vel Justitia apud Sedem Apostolicam
"And now, to come nearer Home, to the Judgements
of former Parliaments, which I imagine will chiefly
sway with your Lordships.
"I desire you first to observe, that the Statute of
5 Edw. VI. Cap. 16. formerly cited in this Place, is
not introductive simply of a new Law, but only declarative of the ancient Common Law.
"Next, that the Selling as well as the Buying of
Offices of Trust is an Offence condemned by the express Letter of that Law.
"And lastly, that, by the Preamble, it appears, that
the Parliament then did conceive that the same Offence caused Two great Inconveniences:
"1. Corruption of those that execute the Places obtained for Money.
"2. Hindrance of Men, meet to be advanced, from
their due Preferment.
"2 et 3 Edw. VI, in the Duke of Somerset's Cafe,
one of the Offences for which he was adjudged by
Parliament to forfeit and lose the Moiety of his
Estate, appears in the Record to have been, the disposing of Offices in the Commonwealth for Money.
"And it is undoubtedly most just, that those that
will stile themselves Patriots and public Persons, and
yet shew, by such Practices as these, that they aim at
their own private Avail, and not the Public Good, in
the equal and free Distribution of Justice, should return back into the Public Treasury of the King and
Kingdom what their avaricious Thirst hath gathered
and heaped together.
"And so, humbly craving Pardon of your Lordships
for my Boldness, and the tumultuary Confusedness
of my Speech, occasioned for Want of due Time for
my Preparation to this Work; I leave myself to the
Judgement of your Favour and Charity, and this
great Lord to the Sentence of your Wisdom and
"And I, for myself, my Lords, crave your Pardon,
if I have not so exactly reported this Speech as my
Lords that went before me have done theirs."
The Earl of Clare reported his Part of the said
Conference on this Manner: videlicet,
Earl of Clare's Report of the Conference concerning the Complaint of the Commons against the Duke of Buck ingham.
"I will leave out nothing; I will add nothing.
"Want of Ornament no Disadvantage to the Cause.
The Lords such Judges as will proceed to the Proportion of the Matter; and so measure Things by
Art and Expression. He would therefore fall to the
Matter. The Lords Time more precious than his
"Then he read the Eleventh Article: videlicet,
"He procured Honours for his poor Kindred.
"Then he opened the Charge, which, for Matter
of Fact, needed no Proof, being so notorious; and
therefore he would only insist upon the Consequence,
which made this Fact of the Duke's a great Grievance
in the Common-wealth, and conclude with strengthening the Whole with some Precedents.
"Every Offence, said he, pre-supposes a Duty. The
First Work is to shew the Duke was bound to do
otherwise. He needed to alledge nothing else, but
that he was a sworn Counsellor and Servant to the
King; and so ought to have preferred his Master's
Honour and Service before his own Pride, in seeking
to ennoble his own Blood.
"There are some Laws that are particular, according to the Temper of the States; there be other
Laws, which are co-essential and con-natural with
Government, which being broken, all Things run
"Such is that Law of suppressing Vice and encouraging Virtue, by apt Punishments and Rewards.
"Whosoever moves the King to give Honour, which
is a double Reward, binds himself to a double Proportion of Merit in that Party that is to receive
"The First, of Valour and Excellency that is to receive it.
"The Second, of Continuance; as this Honour lifts
them above others, so should they have Virtue beyond others.
"Secondly, As it is perpetual, not ending with their
Persons, but descending upon their Posterity; so there
ought to be, in the First Root of this Honour, some
such active Merit to the Common-wealth as may transmit a vigorous Example to their Successors, to raise
them to an Imitation of the like.
"He speaks modestly of those Persons whom it did
collaterally concern; professing his Charge wholly
upon the Duke of Buckingham; and therefore would
leave the First Point concerning the Offence, and
come to the next Point, videlicet, the Grievance,
which in the Article is expressed in Three respects.
"First, Prejudicial to the Noble Barons. Secondly,
To the King; by disabling Him to reward extraordinary Virtue. Thirdly; To the Kingdom, which comprehends all.
"First, It is prejudicial to this High Court of Peers;
he will not trouble us with Recital, how ancient,
how famous, this Degree of Barons hath been in
the Western Monarchies; he will only say the Baronage of England hath upheld that Dignity, and
doth concern it in a greater Height than any other
"The Lords are great Judges, a Court of the last
Resort. They are great Commanders of State, not
only for the present, but as Law-makers, Counsellors
for the Time to come. And this not by Delegacy
and Commission, but by Birth and Inheritance.
"If any be brought to be a Member of this great
Body who is not qualified to the Performance of
such State Functions, it must needs prejudice the
whole Body; as a little Water, put into a great Vessel
of Wine, which as it receives Spirit from the Wine,
so doth it leave therein some Degrees of its own Infirmities and Coldness.
"Secondly, it is prejudicial to the King, not that it
can disable Him from giving Honour, for that is a
Power inseparable; but, by making Honour ordinary,
it becomes an incompetent Reward for extraordinary
Virtue; when they are made noble, they are taken
out of the Press; and how can it choose but fail in
Estimation, when Honour itself is made a Price?
"Thirdly, it is prejudicial unto the Kingdom. The
Stories and Records are full of the great Assistance,
which the Crown hath received from the Barons,
both in Foreign and Domestic Occasions; and not
only by their own Persons, but their Retinue, and
Tenants; and therefore they are called by Bracton,
Robur Belli. How can the Crown expect the like
from such as have no Tenants, and are hardly able
to sustain themselves? Besides, this is not all; for
the Prejudice goes not only primatively from thence,
but positively, in that they cannot give the Assistance
they ought, but in that they have been a great Burthen
to the Kingdom, by the Gifts and Pensions they have
received, and will stand in Need to receive more futurely, for the Support of their Dignities.
"This makes the Duke's Offences the greater, that,
in this Weakness and Consumption of the State, he
hath not been content alone to consume the Public
Treasure, which is the Blood and Nourishment of
the State, but hath brought in others to help him
in this Work of Distraction; and, that they might
do it the more eagerly, by enlarging their Honours,
he hath likewise enlarged their Necessities and Appetites.
"He did second this Charge with Two Precedents:
"The First, 28 H. VI. 131. in the Complaint
against the Duke of Suffolke, that he had made one
that had married his Niece Earl of Kendall, and
procured him One Thousand Pounds per Annum in
the Dutchy of Culen; and yet this Party was the Son
of a noble and well-deserving Father.
"The Second, the 17 Edw. IV. an Act of Parliament for the degrading of Thomas Nevill, Marquis
Mountague, Duke of Bedford; the Reason expressed
in the Act, because he had not a Revenue to support that Dignity; together with another Reason;
videlicet, when Men are called to Honour, and have
not Livelihood to support it, it induceth great Poverty, and causeth Extortions, Embraceries, and Maintenance.
"The Twelfth Article:
"Touching the intercepting, exhausting, and misemploying the King's Revenue.
"This Article consists of several Clauses, which in
some respect may be called so many Charges; though
they all tend to one End, yet it is by several Ways.
"Therefore he breaks them into Parts, and selects
the most material, either in Point of Offence or of
Grievance; then to add the Proof, and afterwards
the Reasons and Inforcements, which shall be most
conducible to the Judgement which the Commons
expect from the Lords.
"There be Two main Branches of this Article:
"The First concerns Lands obtained from the
"The Second concerns Money in Pensions, Gifts,
Farms, and other kinds of Profit.
"First, for the Lands, he observed the Sum, according to the old Rent, videlicet, Three Thousand and
Thirty-five Pounds per Annum, besides the Forest of
Leafeild; and all this within Ten Years.
"The Grievance is, that, in a Time of Necessity, so
much Land should be conveyed to a private Man.
This concerns others as well as him, but none in so
great a Measure.
"And because the Commoners aim not at Judgement only, but at Reformation, he wisheth (fn. *) that, when
the King bestows any Lands for Support of Honours,
these Cautions might be used, to annex the Land
to the Dignity, lest, being wasted, the Party return
to the Crown for a new Support; by which Provision
the Crown will reap this Benefit, that, as some Lands
go out, some will come in.
"He will not trouble your Lordships with the Law
made for preventing the Alienation of the King's
Lands, and for resuming them when they had been
"The Ordinances made in the Higher House for
that Purpose, and Fines set upon the Breakers of
"Item, Fines set upon such as broke them; and
this he only adds as a further Inforcement of the
Grievance, that when the King's Revenues (fn. †) are too
able to defray public Necessities, the Commons must
needs be more burthened with supplying the King.
"2. The unusual Clauses, which, by his Greatness,
he hath procured to be inserted into the Warrants
for passing those Lands; which were Two:
"The First, that the casual Profits should not be
"The Second, that all Bailiffs Fees should be
"This is to be proved by the Warrants, remaining
with (fn. *) the Auditor of the Rates, and with the other
"The First, Ingratitude; thus labouring to strain the
King's Bounty beyond His Intention.
"The Second, Unfaithfulness; that, being a sworn
Counsellor, he should put the King into Courses of so
"The Reason: For by this the King did not only
sustain great Loss for the present; but it opened a
Way of Prejudice, which ever since hath continued;
for all those that have since passed Lands from the
Crown, have followed the same Precedent.
"Item, The King was not left to be Master of His
own Liberality, neither in Proportion nor Certainty;
for it might so fall out, that that which so passes from
Him be treble to that He intended.
"The Third Point of the First Branch concerning
Lands is, the Surrender of divers Parcels of those
Lands back to the King, after he had held them more
or fewer Years, and taking others from the King in
"He confessed others had (fn. †) done the same before
him; yet he spake it, because, though he had new
Devices of his own, yet for his Advantage he took
in all those that went before him.
Whence this Second Observation: That, the best
of the King's Lands by this Course being passed away,
the worst hung upon His Hand, so as, having Occasion to raise Money, such Lands would not supply
"The Third Observation: Opportunity was hereby
left to the Duke, to cut down Woods, to enfranchise
Copy holders, to make new Leases, and yet, the old
Rent remaining still, the Land to be surrendered.
Whether this be done so, uncertain, not having Time
to examine; yet he desires the Lords to inquire after
it, the rather for that Couphill in Lincolnshire was so
dismembered, and turned back, videlicet, Seventeen
Pounds of the old Rent sold out of it, which Rent
was only abated in the Turning-back.
"The Fourth Point of this Branch, videlicet, the
"Divers Parcels sold and contracted for by his own
Agents, and the Money received to his Use; and yet
Tallies struck as if the Monies had come into the
"This is to be proved by his own Officers, by the
Officers of the Exchequer, and by the Tallies themselves.
"Which Tallies were Twenty Thousand Five Hundred Sixty-three Pounds, Sixteen Shillings, and Eight
"Whence he observed, that there ran one Thread
of Falshood towards the King throughout all his
"2. Observation. It was a Device to prevent the
Wisdom of Parliament, if it should be thought fit to
make a Resumption; for by this Means these Grants
seem to have the Face of valuable Consideration,
whereas they were Free Gifts.
"Thirdly, If the Title of these Lands prove questionable, it appearing by Record as if the King had
received the Money, He was bound in Honour to
make the State good, and yet the Duke had the
"Objection. It may be said this was the Purchasers
Desire, for their own Security; of which Objection
he made this Use, that the Subjects taking Notice of
so much Land given the Duke, there was Cause and
Possibility of a Resumption.
"The Second General Branch of this Article concerning Moneys:
"The First Point. The Total Sum received by him
in Ten Years amounts to One Hundred Sixty-two
Thousand Nine Hundred Ninety-five Pounds; besides Three Pence upon Strangers Goods. Besides the
Moiety of Seven Thousand Pounds out of the
Customs of Ireland, which he is bound to pay every
Year to the King, which so done or not he knows
"This he delivered as a Sum estimative, yet so
computed, as it may be more, not less; and this Total
ariseth by Free Gifts, by Pensions to himself, by the
Profit of Farms, by Pensions to others for Offices,
whereof he received the Benefit, videlicet, the Admiralty, the Mastership of the Horse; all which will
appear by the Schedule annexed to this Charge delivered in.
"The Aggravation. This had in Time of Want,
when the Expence of the King's House can hardly
be supplied, when His Forts and Castles are unfurnished, when there appears great Wants and Hazards
of the Kingdom, for the Provision of the Navy,
and Guard of the Seas in his own Charge, the Kingdoms threatened with Invasions, and potent Enemies.
"The Second Aggravation. Whereby it appears,
he preferred the serving his own Turns before his
Duty for the Safety of the Kingdom.
"The Second Point in this Branch, that, under Pretence of Secret Service, he hath procured great Sums
of Money to be issued, by Privy Seals, to sundry
Persons named by himself, and the Moneys employed
to his own Use.
"This is proved by Two Instances:
"The one of Eight Thousand Pounds paid to Sir
Robert Pye, 12 August 1620, of which Sum the said
Sir Robert was discharged by another Privy Seal,
4 Jan. following, and this Money paid towards the
Purchase of Burley.
"The Second Instance is Sixty Thousand Pounds paid
to Burlemacchie, 7 October 1625, which Time the
rather noted, because the Parliament at Oxford
was broken; a Sum no greater, nay far less, not
"The Quality of the Fault he leaves to the Lords,
in what Proportion of Judgement they will rate
"Whether to that Crime which in the Civil Law is
called Crimen Peculatus, which was, when any Man
did unjustly turn to his own Use that Money, which
was either sacred, dedicated to God's Service, or religious, which was used about Funerals and Monuments of the Dead; or Public, of which Kind the
Business now in Question is; and this Offence, by that
Law, was Death and Confiscation.
"This he notes the rather, because Public Treasure
was held in the same Reputation with that which was
dedicated to God and Religion.
"Or whether the Lords will think it to carry Proportion with that Crime which in the Civil Law is
called Crimen falsi, and is defined to be when any
shall, simulatione veri, suum compendium alieno dispendio facere; videlicet, that, by Semblance of Truth,
made Gain to himself out of others Losses; which,
in the Case of a Bondman, was Death; and in Case of
other Men was Banishment and Consiscation, as the
Nature of the Fact required.
"Or whether the Lords will esteem it according to
the Sentence of the Star-chamber, ordinary in Cases
"Or, according to the Common Law, which so much
detests this Dealing, which they term Coven, as it doth
vitiate ordinary and lawful Actions.
Or lastly, whether the Lords will estimate it according to the Duke's own Judgement in his own
"Direct Actions are not afraid to appear open-faced;
but ill Dealings desire to be masked with Subtilty and
"And therefore, were there not more than a cunning Concealing of what he received from the King,
it argues Guilt of Unthankfulness, hiding his Master's
Bounty; and Guilt of Unworthiness, as if he durst
not avow the Receipt of that which he had not merited; or Guilt of Fear of Punishment, by this Inquisition into his Actions, which now is come to pass.
"The Third Point in this Branch: That he hath received sundry Sums of Money, intended for the Maintenance of the Navy.
"Two Instances: The one of Twenty Thousand
Pounds, the other of Thirty Thousand Pounds, both
in Jan. 1624.
"By the Privy Seal with which these be issued, they
appear to be Free Gifts; but, by the Affirmation of
some in Answer for the Duke, it hath been said he
was only the Hand to convey it over to the Treasurers
of the Navy.
"If the Truth be according to the Privy Seal, it is
to be added to the former Sums, as Parcel of his own
Gain; if according to the foresaid Allegation, it may
prove a Precedent of greater Damage to the King
than the Money is worth; for, by this Way, His Majesty hath no Way, by Matter of Record, to charge
the Treasurer of the Navy with these Sums, and shall
lose the Benefit of the Act, 13 Eliz. whereby Accomptants Lands are made liable to the Payment of
their Debts, and in many Cases may be sold for His
"The Fourth Point of this Branch:
"That he hath caused so great a Mixture and Confusion betwixt the King's Estate and his own, that
they cannot be distinguished by the Records and Entries, which ought to be clear for that Purpose.
"This is proved by divers Reasons:
"One alledged, and others following:
"By the Wisdom of the Law in the Constitution of
the Exchequer, there be Three Guards set upon the
King's Treasure and Accompts.
"The First, a legal Impignoration, whereby the
Estates Personal and Real of the Accomptants are
made liable to be sold, for the Satisfaction of their
"The Second, an Act of Controllment, that the
King relies not upon the Industry nor Sincerity of any
one Man; but, if he fail in either, it may be discovered by the Duty of some other Officers sworn, who
can take Notice of it.
"The Third Evidence and Certainty, not for the
present Time only, but of Perpetuity, because the
King can neither receive nor pay any Thing but by
"All these Ways have been taken by him, both in
the Case next before recited, and in these that follow.
"The Custom of the Exchequer is the Law of the
Kingdom, for so much as concerneth the Revenue.
"That every Breach of a Law by particular Offence is Punishment; but such an Offence as is the
Destruction of the Law itself, is of a far higher Nature.
"The Fifth Point of this Second Branch is concerning Two Privy Seals of Release, the one the 16th,
the other the 20th Jacobi, concerning divers Sums
secretly received to His Majesty's Use, and to be returned by the Privy Seal, for the Support of the Duke
of Buckingham; the Proof whereof is referred to the
Privy Seals themselves.
"Observation in general hence is made of the
Duke's Subtilties, which he used to wind himself into
the Possession of the King's Money, and to get that by
cunning Steps and Degrees, which peradventure he
could not have obtained at once.
"A good Master will trust a Servant with a greater
Sum than he would give him; yet after, when it is
out of (fn. *) his Possession, will be drawn the more easily
to release him of accounting for it.
This is a proper Instance to be added to the Proof
of mingling his own Estate with the King's; and of
the same Kind be other Particulars mentioned in the
Schedule, though not expressed in the Charge; videlicet, the Twenty Thousand Pounds, in Part of the Earl
of Midd. Fine, which cannot be discovered whether
Part or all be converted to the Duke's Benefit; and
yet it appears by a Privy Seal to be clearly intended
to the King's own Service of the Houshold, and Wardrobe, till by the Duke's Practice it was diverted into
this close and By-way.
"Another Instance of this is, his Endeavours to get
the Prize Goods into his own Hands; and for this
Purpose he first laboured his Man Gabriell March
might receive it; yet it was though fit, some Partner
should be joined with him; and divers being tried,
none of any Credit would be joined with him. The
Commons had Reason to think they had Cause so to
do; he is so ill an Accomptant, that he confessed in
their House, that, by Authority from the Duke, he
received divers Bags of Gold and Silver of The Peter
of Newhaven, which he never told: And when this
Practice of getting some to join with his Man could
take no Effect, then he procured a Commission to Sir
William Russell (who is without Exception an able
and a worthy Officer; but that is not enough for the
King's Security): That, howsoever he received the
Money, it was to be issued by the Duke's Warrant,
which Clause hath been answered since this was
questioned in Parliament; and now it is to be issued
out by an immediate Warrant from His Majesty. As it
was before, here it may be noted his Incroachment
upon the Office of my Lord Treasurer.
The last Point upon this whole Charge was this;
a Connexion of Land and Money into one Total; and
to that Purpose he valued the Land at Forty Years
Purchase; though some were sold for Thirty, and
some more worth than an Hundred; so as Forty Years
is conceived an even Medium.
"At this Rate, Three Thousand Thirty-five Pounds
comes to One Hundred Twenty-one Thousand Four
Hundred Pounds; which, being added to the Total of
the Moneys received, which were One Hundred Sixtytwo Thousand Nine Hundred Ninety-five Pounds,
amounts to the just Sum of Two Hundred Eightyfour Thousand Three Hundred Ninety-five Pounds,
besides the Forest of Leafeild. This is a great Sum
in itself, but much greater by many Circumstances:
If you look upon the Time past, never so much came
into any one private Man's Hands out of the public
Purse. If you respect the Time present, the King
had never so much Want, never so many Occasions,
foreign, important, and expensive; the Subjects have
never given greater Supplies, and yet those Supplies
unable to furnish these Expences. But, as these Circumstances make that Sum the greater, so there be
other Circumstances, which make the Sum little, if
it be compared with the inestimable Gain he hath
made by the Sale of Honours, Offices, and Projects,
hurtful to the States both of England and Ireland,
or if it be compared with his own Profuseness; witness these Gifts, notwithstanding his Confession before
both Houses of Parliament, to be indebted One Hundred Thousand Pounds and above. If this be true,
how can we hope to satisfy his immense Prodigality?
If false, how can we hope to satisfy his Covetousness?
And therefore no wonder the Commons complain to
be delivered from such a Grievance.
"The First, the 10 R. II, which was in the Complaint
against Michaell De la Poolc, Earl of Suffolke, out of
which he took Three Articles:
"The First, that, being Chancellor, and sworn to
the King's Profit, he had purchased divers Lands from
the King, more than he had deserved, and at an
"The Second, that he had bought of one Tidman
an Annuity of Fifty Pounds per Annum; which Grant
was void, and yet he procured the King to make it
"The Third, whereas the Master of St. Anthonies,
being a Schismatick, had forfeited his Estate into the
King's Hands, this Earl took (fn. *) it in Farm at Twenty
Marks the Year, converting the Overplus, which was
a Thousand Marks, to his own Benefit; which should
have come to the King's.
"The next Precedent, 11 R. II, out of the Judgement against Rob. de Vere and others; out of which
he takes Two Articles, the Fifth and the Seventh.
"The Fifth was for taking Lands and Manors annexed to the Crown, whereby they themselves were
enriched, and the King made poor.
"The Seventh was for intercepting the Subsidies
granted for Defence of the Kingdom.
"The Third Precedent, 28 H. III, in the Parliament
Roll, out of the Complaint against the Duke of Suffolke, Art. 29.
"That, being next and privatest of Counsel to the
King, he had procured Him to grant great Possessions
to divers Persons, whereby the King was much impoverished, the Expence of His House unpaid, Wages,
Wardrobe, Castles, Navy, Debts unsatisfied; and so,
by his subtil Counsel and unprofitable Labour, the
Revenues of the Crown, Dutchy of Lancaster, and
other the King's Inheritances, have been so diminished,
and the Commons of the Realm so extremely charged,
that it is near a final Destruction.
"Item, the Fourth Article, the King's Treasure was
mischievously diminished, to himself, his Friends,
and Well-willers, that, for Lack of Money, no Armour nor Ordnance could be provided in Time.
"These Precedents he produced as Precedents in
Kind, but not in Proportion; and, because these great
Persons were not brought to Judgement upon these
Articles alone, it is to be noted that ravening upon
the King's Estate is always accompanied with other
great Faults and Vices; which Consideration he submits to the Lords.
"And here he ends, and with him his Reporter."
The Lord Viscount Say et Seale made his Part of the
said Report on this Manner: videlicet,
Lord Say and Seale's Report of the Conference touching the Complaint of the Commons against the Duke of Buckingham.
"Thus have your Lordships heard this Charge
against the Duke of Buckingham briefly stated; and
now may it please you to have represented also unto
your Wisdoms and Justice the Nature of this Offence
in itself, and how it stands appareled with Circumstances.
"The various Composition and Structure of our
Bodies, the several Nature and Degrees of Diseases,
the Quality and Power of Medicines, are such subtil
Mysteries of Nature, that the Knowledge thereof is
not apprehended without great Study and Learning,
not perfected without long Practice and Experience.
"Which tender Consideration induced, it seems, the
Charity and Providence of that Law, which makes
it penal for unskilful Empiricks, and all others, to
exercise and practise Physick upon common Persons,
without a lawful Calling and Approbation; branding
them that shall thus trangress as improbos, maliciosos,
temerarios, et audaces homines; but he that without
Skill and Calling shall direct a Medicine, which upon
the same Person had once wrought bad Effects
(enough to have dissuaded a second Adventure), and
that when Physicians are present, Physicians selected
for Learning and Art, prepared by their Office and
Oaths, without their Consent, may even contrary to
their Directions, and in a Time unseasonable; I say,
must needs be guilty, albeit towards a common Person,
of a precipitate and unadvised Rashness.
"But to practise, my Lords, such Experiments upon
the Sacred Person of a King, so great, so good, se
blessed a Prince, a Prince under the Protection of
whose Justice, to use the Words so often recorded by
Himself, every Man sat under his own Vine, eat of
his own Fig-tree, extends this Fault, this Attempt, beyond all Precedent, all Example.
"For, though the Days of (fn. *) the greatest Princes, like
their meanest Subjects, be numbered, a Time appointed which they cannot pass; yet, while they are
upon Earth, they are Vessels of Honour, set apart for
God's greater Works; His Vice-gerents, not to be
thought upon without Reverence, not to be approached unto without Distance.
"And so pious, my Lords, are our Laws, to put the
Subjects in Mind of their Duty towards their Princes,
their Persons so sacred, that, (fn. *) in the Attempt even of
a Madman upon the Person of a King, his Want of
Reason, which towards any of his Fellow Subjects
might acquit him of Felony, shall not excuse him of
"And how wary and advised our Ancestors have
been, not to apply any Thing in this kind to the Person of a King, may appear by a Precedent in the
32 H. VI, where John Arundell and others, the King's
Physicians and Surgeons, thought it not safe for them
to administer any Thing to the King's Person, without the Assent of the Privy Council, and express Licence under the Great Seal of England.
"But I beseech your Lordships to behold the Difference of Times: The Duty, the Modesty, of those
Physicians restrained them from actuating that which
their Judgements and Experience might have justified. I am commanded to say, the Boldness of this
Lord admits no Warrant, no Command, no Counsel:
but, transported by the Passions of his own Will,
ventures upon the doubtful Sickness of a King, with
a Kind of high, sole, and single Counselling; the
Effects whereof, as in all other Things, so especially
in such as this, have ever been decried, as leading to
Ruin and Destruction.
"Surely, my Lords, si hæc fiant in viridi, in arids
quid fiat? If this be offered to the anointed Person
of a King, what shall become of the common Person
of a Subject?
"What Colour shall be given then, my Lords, what
Excuse can be framed, for a Servant, a Servant too
obliged as much as the Bounty of a great King and
Goodness of a Master could make him, so much forgetting his Duty as to hazard such a Majesty, upon
so slight, so poor Pretences?
"Admit, my Lords (for that is all this great Duke's
Defence), that this sprang from Affection to his Master,
the Desire of His Preservation, out of his Credulity
and Confidence, tried perhaps upon this or that Subject. Could this Lord imagine that any Medicine
should be so Catholicly good, at all Times, in all Degrees of Age, for all Bodies? But, as I am commanded, alas! what Belief, what Hopes, could he have of
this the second Time, when the former appeared so
"It is a faint Affection, my Lords, where Judgement
doth not guide; regulated Judgement should have
directed a more advised, a more orderly Proceeding.
But, whether it were a fatal Error in Judgement only,
or something else, my Lords, in his Affection; the
House of Commons leaves it to your Lordships to
search into and judge: Only give me Leave to remember, that this Medicine found His Majesty in the
Declination of His Disease; and we all wish it had
left Him so; but His Blessed Days were shortly turned
into worse; and, instead of Health and Recovery,
your Lordships shall hear, out of the Testimony (that
which troubles the Poor and Loyal Commons of
England) of great Distempers, as Drought, Raving,
Fainting, and Intermitting Pulse. Strange Effects, my
Lords, to follow upon the applying of a Treacle
Plaister. But the Truth is, my Lords, Testimony tells
us, that this Plaister had a strong Smell, and an invective Quality, striking the Malignity of the Disease
inward, which Nature otherwise might have expelled
"And when I call to Mind, my Lords, the Drink
Twice given to His Majesty by the Duke of Buckingham's own Hands, and a Third Time refused, and
the following Complaint of that Blessed Prince; the
Physicians telling Him, to please Him for the Time,
that this Second Impairment was from Cold taken, or
some other ordinary Cause; No, no (quoth His Majesty), it was that I had from Buckingham; a great
Discomfort, no doubt, to think that He should receive
any Thing that might hurt Him from one that He so
much loved and affected; which makes me call to
mind the Condition of Cæsar in the Senate, Et tu,
Brute ! et tu, Fili!
"Here your Lordships may perhaps expect to hear
what hath been done in like Cases heretofore. It is
true, indeed, the former Charges were not without
Example. But, as Solon said of his Laws not providing against Parricide, his Reason was, because he
thought no Man was so wicked to commit it; so do not
we find recorded to Posterity any Precedent of former
Ages of an Act offered to the Person of a King, so
insolent, so transcendent as this; though it be true
that divers Persons as great as this have been questioned and condemned for less Offences against the Person
of their Sovereign.
"And not to trouble your Lordships with much Repetition; it was an Article, among others, laid against
the Duke of Somersett, for carrying Edward VI.
away in the Night-time, of his own Head, but from
Hampton-Court to Windsore; and yet he was trusted
with the Protection of His Person. And whether
this exceed not that Offence, my Lords, I humbly
submit to your Judgements.
"Yet, as we use to say, where the Philosophers
end, the Physicians begin. So, Precedents failing us
in the Point, the Common Law will in Part supply
"The Law judgeth a Deed done in the Execution
of an unlawful Act Manslaughter, which otherwise
would have been but Chance Medley. And that this
Act was unlawful, the House of Commons do believe,
as belonging to the Duty and Vocation of a sworn and
experienced Physician, and not the Unskilfulness of a
"And so precious are the Lives of Men in the Eye
of the Law, that though Mr. Stamford saith, a Physician taking one in Cure, and he die under his Hands,
it is not Felony, because he did it not feloniously; yet
it is Mr. Bracton's Opinion, That if one that is no
Physician, or Surgeon, undertaketh a Cure, and the
Party die in his Hands, this is Felony. And the
Law goeth further, making the Physicians and Surgeons themselves accountable for the Death of their
Patients, if it appear they have transgressed the Rules
of their own Art; that is, the undertaking a Thing
wherein they had no Experience; or, having done
that, fail in their Care and Diligence.
"How much more then, my Lords, is this Lord subject to your Honours Censure, upon all these Circumstances, for this so transcendent Presumption?
"And the House of Commons, my Lords, styling it
but Presumption, speaks modestly. But now that they
have presented it to your Lordships, and brought it
to the Light of your Examination and Judgement, it
will appear in its own Colours.
"And I am commanded from the House of Commons
to desire your Lordships, seeing he hath made himself
a Precedent in committing that which former Ages
knew not, your Lordships will, out of your Wisdoms
and Justice, make him an Example for the Time to
"Finally, I am most humbly to beseech your Lordships, that you will not look upon this luxuriant Boldness through the Infirmities and Weakness of me the
Speaker; but be pleased, in your Honours and Justice, thoroughly to examine the Truth, and then to
judge according to the great Weight and Consequence of the Matter, as it is represented and complained of unto your Lordships against the Duke of
And lastly, the Lord Bishop of Norwhich made his
Part of the said Report, on this Manner: videlicet,
Bishop of Norwich's Report of the Conference, concerning the Complaint of the Commons against the Duke of Buckingham.
"I humbly crave Favour to acquaint your Lordships,
that, touching this Report I am to offer unto your
Lordships, I could not get any Help from the Gentleman who induced that Part of the Charge; and therefore I hope, if any Thing be mistaken or misplaced
(in my Report), your Lordships will give it a favourable Construction.
"The Gentleman who presented the Conclusion of
the Charge began thus:
"That your Lordships had heard, in the Labours of
those Two Days spent in this Service, a Representation from the Knights, Citizens, and Burgesses of the
Commons House of Parliament, of their Apprehension of their present Evils and Dangers of this Kingdom, of the Causes of these, and of the Application
of them to the Duke of Buckingham, so clearly and
fully, as he presumed unto your Lordships that he
should rather conclude than add any Thing unto his
"He said, that your Lordships heard how his Ambition was expressed, in procuring and getting into
his Hands the greatest Offices (of Strength and Power)
of this Kingdom; by what Ways and Means he had
attained to these; Money stood for Merit.
"He said, that they needed no Arguments to prove
this; but the Common Sense through which we suffer:
As first, the Loss of the Regalities of our narrow Seas,
the ancient Inheritance of our Predecessors. This
he needed not further to press; but from hence his
Observation should (fn. *) go to his other Virtues, and that
by Way of Perspective, rather to excite your Lordships
Memories than to oppress your Patience.
"First, he proposed unto your Lordships the inward
Character of the Duke's Mind, which, he said, was
full of Collusion and Deceipt. He could express it
no better than by the Beast (by the Ancients) called
Stellionatus; a Beast so blurred, so spotted, so full of
foul Lines, that they knew not what to make of it.
So do we find (says the Reporter) in this Man's
"First, he colluded with the Merchants, drawing
them to Deepe, to be enthralled.
"Then he colluded with the King, to colour his
Offences; his Design being against Rochell and the
Religion. Next, with the Parliament, to disguise his
Actions; a Practice no less dangerous and disadvantageous to us than prejudicial to our Friends and
"Next he presents unto your Lordships the Duke's
high Oppression, and that of a strange Latitude and
Extent, not to Men alone, but to Laws and Statutes,
to Acts of Council, to Pleas and Decrees of Courts,
to the Pleasure of His Majesty: All must stoop to
him, if they oppose or stand in his way. This hath
been expressed unto you in the Ship called The Saint
Peter, and those at Deepe; nay, he draws on the
Colour of His Majesty's great Name to shadow his
"It had been his Duty, nay the Trust of his Place,
not to have transmitted them into the Hands of
Strangers. But had His Majesty yielded in that Point,
the Duke should have opposed it, by his continual
Prayers and Intercessions; making known to His Majesty the Inconveniencies (fn. *) that were likely to ensue;
and not to rest there, but to have repaired unto your
Lordships sitting in Council, to have desired and prayed
your Aid and Assistance in a Matter of so great Importance; and, if all this had failed, he should have
entered a Protestation against it. This hath been done
by worthy Predecessors in that Office. And this had
been the worthy Discharge of the great Trust reposed
in his Place.
"The Relator said, he heard that the Ships were
returned; but he knew it not; but, if it be so, this
neither excuseth nor qualifies the Duke's Offence.
The French, in this Case, are to be commended, not
he excused. He left them in the Hands of a Foreign
Power, who when they once had them, for any Thing
he knew, might easily have kept them.
"The Third Head of the Relator's Conclusion was,
the Duke's Extortion, in exacting from the East Indian
Merchants, without Right or Colour, Ten Thousand
Pounds, exquisitely expressed and mathematically observed (by the Gentleman you know by whom employed), who, by his Marine Experience, learned this
Observation, that, if the Fleet gained not the Wind
by such a Time at The Cape, the Voyage was lost.
And here he craved Leave from the House of Commons, far be it from them to lay any Odour or Aspersion on His Majesty's Name; they hold His Honour
spotless, not the least Shadow of Blemish can fix upon
"Next to foul Extortion, was that styled by the Relator sordid Bribery and Corruption, in the Sale of
Honours and Offices of Command. That which was
wont to be the Crown of Virtue and Merit was now
become a Merchandize, for the Greatness of this Man;
nay, Justice itself made a Prey unto him; all which
Particulars your Lordships had heard opened, and
enforced with Reasons and Proofs what in themselves
they are; and therefore he spared further to press
"In the Fifth Place, the Relator fell upon an Apostrophe; telling your Lordships that he was raised to
observe a Wonder in Policy and Nature, how this
Man, so notorious in Evil, so dangerous to the State,
in his immense Greatness, is able to subsist of himself,
and keep a Being. To this he answered, that he
observed the Duke had used the Help of Art to
prop him up. It was apparent that, by his Skill, he
had raised a Party in Court, a Party in the Country,
and a main Party in the Chief Places of Government
in the Kingdom: That all but the most deserving
Offices, that require Abilities to discharge them, are
fixed upon the Duke, his Allies, and Kindred: And
thus hath he drawn to him and his, the Power of
Justice, the Power of Honour, and the Power of
Command, and in Effect the whole Power of the
Kingdom, both for Peace and War, to strengthen his
Allies; and, in setting them up, himself hath set upon
the Kingdom's Revenues, the Fountain of Supply,
and the Nerves of the Land.
"He intercepts, consumes, and exhausts the Revenues of the Crown, not only to satisfy his own
lustful Desires, but the Luxury of others; and, by
emptying the Veins that the Blood should run in,
he hath cast the Body of the Kingdom into an high
"Infinite Sums of Money and Mass of Land, exceeding the Value of many Contributions in Parliament,
have been heaped upon him; and how have they
been employed, upon costly Furnitures, sumptuous
Feasts, and magnificent Buildings, the visible Chronicles of the express Exhaustion of the State. and yet
his Ambition (which is boundless) resteth not here; but,
like a violent Flame, bursteth forth, and getteth further
Scope. Not satisfied with Injuries, and Injustice, and
dishonouring of Religion, his Attempts grow higher,
to the Prejudice of his Sovereign, which is plain in
his Practice; the Effects he feared to speak, and
doubted to think. He ended this Passage, as Cicero
did another: Ne gravioribus utar verbis quam rei
natura fert, aut levioribus quam causæ necessites postulat.
"Upon these the Relator took upon him to set before you an Idea of the Man; what he is in his own
Power and Greatness (and he thinks some have felt it);
what in Reference to the King and State, compatible
and incompatible. In Reference to the King, he styles
him the Canker to His Treasure. In Reference to the
State, the Moth of all Goodness. What future Hopes,
or Expectations, your Lordships may draw out of his
Actions and Affections, he humbly leaveth unto your
Wisdom. In Comparison with others (he said), he
could hardly find him a Match or Parallel. In all
Precedents, he could find none so like the Duke as
Sejanus; who is thus described by Tacitus: Audax,
sui obtegens, in alios criminator juxta adulator et superbus. If you please to compare them, you shall
easily discern wherein they vary; such Boldness of
the one hath lately been presented before you as very
seldom or never hath the like been seen. For his
secret Intentions and Calumniations, he wished this
Parliament had not felt them, nor the other before,
For his Pride and Flattery, it is noted of Sejanue,
that he did Clientelas suos Provinciis adornare. Doth
not this Man the like ? Ask England, Schotland, and
Ireland; and they will tell you Sejanus's Pride was so
excessive, as Tacitus saith, that he neglected all Counsel, and in his common Language he used Imperatores
laborum suorum sacios nominare. How often, how
lately, hath (fn. *) this Man commixt his Actions in Discourses with the Actions of the King ?
"Here the Reporter made a Pause; and said unto
the Lords: My Lords, I have done; you see the Man:
Only this, which was conceived by the Knights, Citizens, and Burgesses, should be boldly by me spoken:
That by him came all these Evils; in him we find the
Causes, and on him we expect the Remedies. And to
this End we met with your Lordships in Conference;
to which, as your Wisdom invites us, so we cannot
doubt but, in your Lordships Wisdoms, Greatness, and
Power, we shall in due Time find Judgement, as he
Bishop of Ely's Case.
"Here the Relator proceeded with a particular Censure of the Bishop of Ely, reported in the 11 Rich. I,
and to give you a short View of his Faults. He was
first of all noted to be a Luxuriosus. 2. He married
his own Kindred to Personages of the highest Ranks
and Places. 3. No Man's Business was done without Help. 4. He would not suffer the King's Counsel
to advise in the Affairs of State. 5. He grew to such
a Height of Pride, as no Man was accounted worthy
to speak unto him, And lastly, that his Castles and
Forts of Trust he did obscuris et ignotis hominibus
tradere. His Doom was this, he was cried per totam
Insulam, pereat qui omnes perimere conatur; opprimatur,
ne omnes opprimat.
"After this he presented to your Lordships the Conclusion of his Charge; and prayed it might be read,
so to present it to your Noble Care.
"Then made he a Protestation, in the Name of the
Commons House, saving unto themselves the Liberty
of Power in further Impeachment against the Duke.
They do pray that the said Duke may be put to the
Answer of every one of these particular Examinations, Trials, and Judgements; which may be used
agreeable to the Laws of Justice.
"And here the Relator ended, with an humble Deprecation unto your Lordships, that, having discharged this Charge of Justice laid upon him, howsoever unworthy, he craved Pardon at your Lordships Hands: First, for your Favours, in excusing that
which he has preferred, though full of Weakness;
and herein, as that Gentleman did begin, and led the
Way, making his Apology by Colour of Command,
so he might place his Excuse that Way, that was his
Obedience. He was commanded, and had obeyed;
and therein did desire your Lordships, that, notwithstanding any Thing that might reflect upon his Weakness, none might be admitted unto your Lordships
Considerations, any ways to diminish Reputation and
Wisdom from the House of Commons; which he
hoped shall still give your Lordships Testimony, that
the House of Commons is still deserving; and therefore, for his Failing herein, he humbly offers them to
your favourable Censure.
"The Commons Declaration and Impeachment
against the Duke of Buckingham:
Impeachment of the Duke of Buckingham by the Commons.
"For the speedy Redress of great Evils and Mischiefs,
and of the chief Cause of these Evils and Mischiefs,
which this Kingdom of England now grievously suffereth, and of late Years hath suffered, and to the
Honour and Safety of our Sovereign Lord the King,
and of His Crown and Dignity, and to the Good and
Welfare of His People; the Commons in this present
Parliament, by the Authority of our said Sovereign
Lord the King assembled, do, by this their Bill, shew
and declare against George, Duke, Marquis, and Earl
of Buckingham, Earl of Coventree, Viscount Villiers,
Baron of Whaddon, Great Admiral of the Kingdoms
of England and Ireland, and of the Principality of
Walles, and of the Dominions and Islands of the same,
of the Town of Callis, and of the Marches of the
same, and of Normandy, Gascoigne, and Guienne, General Governor of the Seas and Ships of the said
Kingdoms, Lieutenant General, Admiral, Captain
General and Governor of His Majesty's Royal
Fleet and Army lately set forth, Master of the
Horse of (fn. *) our Sovereign Lord the King, Lord
Warden, Chancellor, and Admiral of the Cinque
Ports, and of the Members thereof, Constable
of Dover Castle, Justice in Eyre of all the Forests
and Chases on this Side the River of Trent, Constable
of the Castle of Windsore, Gentleman of His Majesty's Bedchamber, One of His Majesty's most Honourable Privy Council in His Realms both in England, Scotland, and Ireland, and Knight of the most
Honourable Order of the Garter; the Misdemeanors,
Misprisions, Offences, Crimes, and other Matters,
comprized in the Articles hereafter following; and
him the said Duke do accuse and impeach of the said
Misdemeanors, Misprisions, Offences, and Crimes.
Plurality of Officers.
"1. First, that whereas the great Offices expressed in
the said Duke's Stile and Title heretofore have been
the singular Preferments of several Persons eminent
in Wisdom and Trust, and fully able for the weighty
Service and greatest Employment of the State, whereby the said Offices were both carefully and sufficiently
executed, by several Persons of such Wisdom, Trust,
and Ability; and others also that were employed by
the Royal Progenitors of our Sovereign Lord the
King, in Places of less Dignity, were much encouraged with the Hopes of Advancement; and whereas
divers of the said Places, severally of themselves, and
necessarily, require the whole Care, Industry, and
Attendance of a most provident and most able Person; he the said Duke, being young and unexperienced, hath, of late Years, with exorbitant Ambition, and for his own Profit and Advantage, procured and engrossed into his own Hands the said
several Offices, both to the Danger of the State, the
Prejudice of that Service which should have been
performed in them, and to the great Discouragement of others, that, by this procuring and engrossing
of the said Offices, are precluded from such Hopes,
as their Virtues, Abilities, and public Employments,
might otherwise have given them.
Buying the Admiral's Place.
"2. Whereas, by the Laws and Statutes of this
Kingdom of England, if any Person whatsoever give
or pay any Sum of Money, Fee, or Reward, directly
or indirectly, for any Office or Offices, which in any
wise touch or concern the Administration or Execution of Justice, or the keeping of any of the King's
Majesty's Towns, Fortresses, or Castles, being used,
occupied, or appointed for Places of Strength and
Defence, the same Person is immediately, upon the
same Fee, Money, or Reward, given or paid, to be adjudged a disabled Person in the Law, to all Intents and
Purposes, to have, occupy, and enjoy the said Office
or Offices, for the which he so giveth or payeth any
Sum of Money, Fee, or Reward; he the said Duke
did, in or about the Month of January, in the
Sixteenth Year of the late King James, of Famons
Memory, give and pay unto the Right Honourable
Charles then Earl of Nottingham, for the Office of
Great Admiral of England and Ireland, and the Principality of Wales, and Office of the General Governor
of the Seas and Ships, to the Intent that the said
Duke might obtain the said Offices to his own Use,
the Sum of Three Thousand Pounds, of lawful
Money of England; and did also, about the same
Time, procure from the said King a further Reward,
for the Surrender of the said Office to the said Earl,
of an Annuity of a Thousand Pounds by the Year,
for and during the Life of the said Earl; and, by
the Procurement of the said Duke, the said King,
of Famous Memory, did, by his Letters Patents, dated
the Memory, did, by his Letters Patents, dated
the 27th Day of January, in the said Year of his
Reign, under the Great Seal of England, grant to
the said Earl the said Annuity, which he the said
Earl accordingly had and enjoyed during his Life;
and, by reason of the said Sum of Money so as
aforesaid paid by the said Duke, and of his the said
Duke's Procurement of the said Annuity, the said
Earl of Nottingham did, in the same Month, surrender unto the said late King, of Famous Memory,
his said offices, and his Leters Patents of them; and
thereupon, and by reason of the Premises, the said
Offices were obtained by the said Duke, for his Life,
from the said King of Famous Memory, by Letters
Patents made to the said Duke of the same Offices,
under the Great Seal of England, dated the 28th
Day of January, in the said Sixteenth Year of the
said King, of Famous Memory: And the said Offices
of Great Admiral and Governor, as aforesaid, are
Offices that highly touch and concern the Administration and Execution of Justice, within the Provision
of the said Laws and Statutes of this Realm; which
notwithstanding, the said Duke hath unlawfully, ever
since the first unlawful obtaining of the said Grant
of the said Offices, retained in his Hands, and exercised them, against the Laws and Statutes aforesaid.
Buying the Wardenship of the Cinque Ports.
"3. The said Duke did likewise, in and about the
Month of December, in the Twenty-second Year of
the said late King James, of Famous Memory, give
and pay unto the Right Honourable Edward late
Lord Zouch, Lord Warden of the Cinque Ports, and of
the Members thereof, and Constable of the Castle
of Dover, for the said Offices, and for the Surrender
of the said Offices of Lord Warden of the Cinque
Ports and Constable of the said Castle of Dover, to
be made to the said late King, of Famous Memory,
the Sum of One Thousand Pounds, of lawful Money
of England; and then also granted an Annuity of Five
Hundred Pounds yearly to the said Lord Zouch, for
the Life of the said Lord Zouch, to the Intent that
he the said Duke might thereby obtain the said
Offices to his own Use; and for and by reason of the
said Sum of Money so paid by the said Duke, and of
the Annuity so granted to the said Edward Lord
Zouch, he the said Lord Zouch, the Fourth Day of
December, in the Year aforesaid, did surrender his
said Offices, and his Letters Patents of them, to the
said late King; and thereupon, and by reason of the
Premises, he the said Duke obtained the said Offices
for his Life, from the said late King, by His Letters
Patents under the Great Seal of England, dated the
Sixth Day of December, in the said Twenty-second
Year. And the said Office of the Lord Warden of the
Cinque Ports, and of the Members thereof, is an
Office that doth highly touch and concern Administration and Execution of Justice; and the said Office
of Constable of the Castle of Dover is an Office that
highly concerneth the Keeping and Defence of the
Town and Port, and of the said Castle of Dover,
which is, and hath ever been, appointed a most eminent Place of Strength and Defence of this Kingdom;
which notwithstanding, the said Duke hath unlawfully, ever since his first unlawful obtaining of the
said Offices, retained them in his Hands, and executed
them against the Laws and Statutes aforesaid.
His not guarding the Seas.
"4. Whereas the said Duke, by reason of his said
Offices of Great Admiral of the Kingdoms of England
and Ireland, and of the Principality of Wales, and of
Admiral of the Cinque Ports, and General Governor
of the Seas and Ships of the said Kingdoms, and by
reason of the Trust thereunto belonging, ought, at all
Times since the said Offices obtained, to have safely
guarded, kept, and preserved the said Seas, and the
Dominion of them; and ought also, whensoever there
wanted Men, Ships, Munition, or other Strength
whatsoever that might conduce to the better Safeguard of them, to have used, from Time to Time, his
utmost Endeavour, for the Supply of such Wants, to
the Right Honourable the Lords and others of the
Privy Council, and by procuring such Supply from
his Sovereign, or otherwise; he the said Duke hath,
ever since the Dissolution of the Two Treaties mentioned in the Act of Subsidy of the One and Twentieth
Year of the late King, of Famous Memory, that is
to say, the Space of Two Years last past, neglected
the just Performance of his said Office and Duty, and
broken the said Trust therewith committed unto him;
and hath not, according to his said Offices, during
the Time aforesaid, safely kept the said Seas, in so
much that, by reason of his Neglect and Default
therein, not only the Trade and Strength of this
Kingdom of England hath been, during the said Time,
much decayed, but the same Seas also have been,
during the same Time, ignominiously infested, by
Pirates and Enemies, to the Loss both of very many
Ships and Goods, and of many of the Subjects of our
Sovereign Lord the King; and the Dominion of the
said Seas, being the ancient and undoubted Patrimony of the Kings of England, is thereby also in
most eminent Danger to be utterly lost.
His unjust Stay of the Ship of Newhaven, called St. Peter, after Sentence.
"5. Whereas, about Michaelmas last past, a Ship,
called The St. Peter, of Newhaven (whereof John
Mallewe was Master), loaden with divers Goods, Merchandizes, Monies, (fn. *) Jewels, and Commodities, to the
Value of Forty Thousand Pounds, or thereabouts, for
the proper Account of Monsieur de Villiers, the then
Governor of Newhaven, and other Subjects of the
French King, being in perfect Amity and Leaguc
with our Sovereign Lord the King, was taken at
Sea, by some of the Ships of His Majesty's late
Fleet, set forth under the Command of the said Duke,
as well by Direction from him the said Duke, as Great
Admiral of England, as by the Authority of the extraordinary Commission which he then had, for the
Command of the said Fleet; and was by them, together
with the said Goods and Lading, brought into the
Port of Plymouth, as a Prize, amongst many others,
upon Probabilities that the said Ship or Goods belonged to the Subjects of the King of Spaine; and
that divers Parcels of the said Goods and Loading were
thence taken out of the said Ship of St. Peter; that
is to say, Sixteen Barrels of Cochineal, Eight Bags of
Gold, Three and Twenty Bags of Silver, Two Boxes
of Pearl and Emeralds, a Chain of Gold, Jewels,
Moneys, and Commodities, to the Value of Twenty
Thousand Pounds, or thereabouts; and by the said
Duke were delivered into the private Custody of one
Gabriell March, Servant to the said Duke; and that
the said Ship, with the Residue of her said Goods
and Lading, was sent from thence up the River of
Thames, and there detained; whereupon there was an
Arrest at Newhaven, in the Kingdom of France, on
the Seventh Day of December last, of Two English
Merchant Ships trading thither, as was alledged in a
certain Petition, exhibited by some English Merchants
trading into France, to the Lords and others of His
Majesty's Most Honourable Privy Council: After
which, that is to say, on the 28th Day of the said
Month, His Majesty was pleased to order, with the
Advice of His Privy Council, that the said Ship and
Goods, belonging to the Subjects of the French King,
should be re-delivered to such as should re-claim them;
and accordingly Intimation was given unto His Majesty's Advocate, in the Chief Court of Admiralty, by
the Right Honourable Sir John Cooke, Knight, one
of His Majesty's Principal Secretaries of State, for
the freeing and discharging of the said Ship and Goods,
in the said Court of Admiralty. And afterwards,
that is to say, on the Six and Twentieth Day of January last, it was decreed in the said Court, (fn. *) by the
Judge thereof, with the Consent of the said Advocate,
that the said Ship, with whatsoever Goods so seized
or taken in her (except Three Hundred Mexico Hides,
Sixteen Sacks of Ginger, one Box of Gilt Beads, and
Five Sacks of Ginger more, mentioned in the said Decree), should be clearly released from further Detension, and delivered to the said Master; and thereupon a Commission under Seal was in that Behalf
duly sent out of the said Court unto Sir Allen Apsley,
Sir John Woolstenholme, and others, for the due Execution therof: The said Duke, notwithstanding the
said Order, Commission, and Decree, detained still to
his own Use the said Gold, Silver, Pearls, Emeralds,
Jewels, Moneys, and Commodities, so taken out of the
said Ship as aforesaid; and, for his own singular Avail
and Covetise, on the Sixth Day of February last,
having no Information of any new Proof, without any
legal Proceedings, by Colour of his said Office, unjustly caused the said Ship and Goods to be again arrested and detained, in public Violation and Contempt
of the Laws and Justice of this Land, to the great
Disturbance of Trade, and Prejudice of the Merchant.
His Extortion of 10,000£. from the East Indian Company, with the Abuse of Parliament.
"6. Whereas the Honour, Wealth, and Strength of
this Realm of England is much increased by the
Traffic chiefly of such Merchants as employ and
build great Warlike Ships, a Consideration that should
move all Counsellors of State, especially the Lord
Admiral, to cherish and maintain such Merchants; the
said Duke, abusing the Lords of the Parliament in
the Twenty-first Year of the late King James, of
Famous Memory, with Pretence of serving the State,
did oppress the East Indian Merchants, and extorted
from them Ten Thousand Pounds, in the subtil
and unlawful Manner following: About February, in
the Year aforesaid, he the said Duke, hearing some
good Success that those Merchants had at Ormus, in
the Parts beyond the Seas; by his Agents, cunningly, in or about the Month aforesaid, in the said
Year of the said late King, endeavoured to draw
from them some great Sum of Money; which their
Poverty, and no Gain by that Success at Ormus,
made those Merchants absolutely deny; whereupon
he the said Duke, perceiving that the said Merchants
were then setting forth, in the Course of their Trade,
Four Ships, and Two Pinnaces, laden with Goods
and Merchandize of very great Value, like to lose
their Voyage if they should not speedily depart;
the said Duke, on the First of March then following,
in the said Year of the said late King, did move the
Lords then assembled in the said Parliament, whether
he should make Stay of any Ships which were in the
Ports (as being High Admiral he might); and namely
those Ships prepared for the East India Voyage,
which were of great Burthen, and well furnished;
which Motion being approved by their Lordships,
the Duke did stay those Ships accordingly: But the
Fifth of March following, when the then Deputy of
that Company, with other of those Merchants, did
make Suit to the said Duke for the Release of the
said Ships and Pinnaces, he the said Duke said, he
had not been the Occasion of their Staying; but that,
having heard the Motion with much Earnestness in
the Lord House of Parliament, he could do no less
than give the Order they had done; and therefore
he willed them to set down the Reasons of their Suit,
which he would acquaint the House withall; yet in
the mean Time he gave them Leave to let their said
Ships and Pinnaces fall down as low as Tilbury. And
the Tenth of March following, an unusual joint
Action was, by his Procurement, entered in the chief
Court of Admiralty, in the Name of the said late
King, and of the Lord Admiral, against Fifteen
Thousand Pounds, taken piratically by some Captains
of the said Merchant Ships, and pretended to be in
the Hands of the East India Company; and thereupon the King's Advocate, in the Name of Advocate
from (fn. *) the King and the said Lord Admiral, moved
and obtained One Attachment, which, by the Serjeant
of the said Court of Admiralty, was served on the
said Merchants, in their Court, the Sixteenth Day of
March following: Whereupon the said Merchants,
though there was no Cause for this their Molestation
by the Lord Admiral, yet the next Day they were
urged in the said Court of Admiralty to bring in the
Fifteen Thousand Pounds, or go to Prison; wherefore immediately the Company of the said Merchants
did again send the Deputy aforesaid and some others,
to make new Suit unto the said Duke, for the Release of the said Ships and Pinnaces, who, unjustly
endeavouring to extort Money from the said Merchants, protested that the Ships should not go, except they compounded with him; and, when they
urged many more Reasons for the Release of the said
Ships and Pinnaces, the Answer of the said Duke
was, That the then Parliament House must be first
moved. The said Merchants, being in this Perplexity, in their Consultation, the Three and Twentieth of that Month, ever ready to give over that
Trade; yet, considering that they should lose more
than was demanded, by unloading their Ships, besides
their Voyage, they resolved to give the said Duke
Ten Thousand Pounds for his unjust Demands;
and he the said Duke, by the undue Means aforesaid, and under Colour of his Office, and upon false
Pretence of Rights, unjustly did exact and extort
from them the said Merchants, the said Ten Thousand
Pounds, and received the same about the Twentyeighth of April following the Discharge of those Ships;
which were not released by him, till they the said
Merchants had yielded to give him the said Duke
the said Ten Thousand Pounds for the said Release,
and for the false Pretence of Rights made by the
said Duke as aforesaid.
His putting some Ships into the Hands of the French.
"7. Whereas the Ships of our Sovereign Lord the
King, and of His Kingdoms aforesaid, are the principal Strength and Defence of the said Kingdoms,
and ought therefore to be always preserved, and
safely kept, under the Command, and for the Service, of our said Sovereign Lord the King, no less
than any the Fortresses and Castles of the said Kingdoms; and whereas no Subject of this Realm ought
to be dispossessed of any his Goods or Chattels,
without Order of Justice, or his own Consent first
duly had and obtained; the said Duke, being Great
Admiral of England, Governor General and Keeper
of the said Ships and Seas, and thereof ought
to have and take especial and continual Care
and Diligence how to preserve the same; the said
Duke, in or about the End of July last, in the First
Year of our Sovereign Lord the King, did, under
the Colour of the said Office of Great Admiral of
England, and by indirect and subtil Means and
Practices, procure one of the principal Ships of His
Majesty's Navy Royal, called The Vanguarde, then
under the Command of Captain John Pennington,
and Six other Merchants Ships of great Burthen and
Value, belonging to several Persons inhabiting in
London, the natural Subjects of His Majesty, to be
conveyed over, with all their Ordnance, Munition,
Tackle, and Apparel, into the Ports of the Kingdom of France, to the End that, being there, they
might be more easily put into the Hands of the
French King, His Ministers, and Subjects, and taken
into their Possession, Command, and Power; and
accordingly the said Duke, by his Ministers and
Agents, with Menaces, and other ill Means and
Practices, did there, without Order of Justice, and
without the Consent of the said Masters and Owners,
unduly compel and enforce the said Masters and
Owners of the said Six Merchants Ships to deliver
their said Ships into the said Possession, Command,
and Power of the said French King, His Ministers,
and Subjects; and, by reason of this Compulsion, and
under the Pretext of his Power as aforesaid, and by
his indirect Practices as aforesaid, the said Ships
aforesaid, as well the said Ship Royal of His Majesty,
as the others belonging to the said Merchants, were
there delivered into the Hands and Command of the
said French King, His Ministers and Subjects, without either sufficient Security or Assurance for Redelivery, or other necessary Condition in that Behalf taken or propounded, either by the said Duke
himself, or otherwise by his Direction, contrary to
the Duty of the said Offices of Great Admiral, Governor General, and Keeper of the said Ships and
Seas, and to the Faith and Trust in that Behalf reposed, and contrary to the Duty which he oweth
our Sovereign Lord the King, in his Place of Privy
Counsellor, to the apparent Weakening of the
Naval Strength of this Kingdom, to the great
Loss and Prejudice of the said Merchants, and
against the Liberty of those Subjects of our Sovereign Lord the King that are under the Jurisdiction
of the Admiralty.
His Practice for the Employment of them against Rochell.
"8. The said Duke, contrary the Purpose of our
Sovereign Lord the King, and His Majesty's known
Zeal for the Maintenance and Advancement of the
true Religion established in the Church of England,
knowing the said Ships were intended to be employed by the said French King, against those of the
same Religion, at Rochell, and elsewhere in the Kingdom of France, did procure the said Ship Royal,
and compel as aforesaid the said Six other Ships, to
be delivered unto the said French King, His Ministers,
and Subjects, as aforesaid, to the End that the said
Ships might be used and employed by the said
French King, in His intended War against those of
the said Religion, in the said Town of Rochell, and
elsewhere within the Kingdom of France; and the
said Ships were, and have been since, so used and
employed by the said French King, His Subjects, and
Ministers, against them; and this the said Duke did,
as aforesaid, in great and most apparent Prejudice
of the said Religion, contrary to the Purpose and
Intention of our Sovereign Lord the King, and
against his Duty in that Behalf, being a sworn Counsellor to His Majesty, and to the great Scandal and
Dishonour of this Nation; and, notwithstanding the
Delivery of the said Ships by his Procurement and
Compulsion as aforesaid, to be employed as aforesaid, the said Duke, in cunning and cautelous Manner, to mask his ill Intentions, did, at the Parliament held at Oxon, in August last, before the Committees of both Houses of the said Parliament, intimate and declare, that the Ships were not, nor
should they be, so used and employed against those
of the said Religion, as aforesaid, in Contempt of
our Sovereign Lord the King, and in Abuse of the
said House of Parliament, and in Violation of that
Truth which every Man should profess.
His compelting Lord Roberts of Truro to buy his Title of Honour.
"9. Whereas the Titles of Honour of this Kingdom
of England were wont to be conferred, as great Rewards, upon such virtuous and industrious Persons
as had merited them by their faithful Service; the
said Duke, by his importunate and subtil Procurement, hath not only perverted that ancient and most
honourable Way, but also unduly, for his own particular Gain, he hath enforced some that were rich
(though unwilling) to purchase Honour, as the Lord
Roberts, Baron of Truro, who, by Practice of the
said Duke and his Agents, was drawn up to London,
in or about October, in the Two and Twentieth Year
of the Reign of the late King James, of Famous
Memory, and there so threatened and dealt withall,
that, by reason thereof, he yielded to give, and accordingly did pay, the Sum of Ten Thousand Pounds
to the said Duke, and to his Use; for which said
Sum the said Duke, in the Month of January, in
the Two and Twentieth Year of the said late King,
procured the Title of Baron Rob'ts of Truro, to the
said Lord Rob'ts; in which Practice as the said Lord
Rob'ts was much wronged in his Particular, so the
Example thereof tendeth to the Prejudice of the
Gentry, and Dishonour of the Nobility, of this
His selling Places of Judicature.
"10. Whereas no Places of Judicature, in the
Courts of Justice of our Sovereign Lord the King,
or other like Preferments given by the Kings of
this Realm, ought to be procured by any Subjects
whatsoever, for any Reward, Bribe, or Gift; he the
said Duke, in or about the Month of December,
in the 18th Year of the Reign of the late King James,
of Famous Memory, did procure of the said King
the Office of High Treasurer of England to the
Lord Viscount Maundevill, now Earl of Manchester;
which Office, at his Procurement, was given and
granted accordingly to the Lord Viscount Maundevill;
and as a Reward for the said Procurement of the
same Grant, he the said Duke did then receive, to
his own Use, of and from him the said Lord Viscount
Maundevill, the Sum of Twenty Thousand Pounds,
of lawful Money of England. And also, in or about
the Month of January, in the Sixteenth Year of
the Reign of the said late King, did procure of the
said King, of Famous Memory, the Office of Master
of the Wards and Liveries to and for Sir Lioneil
Cranfeild, afterward Earl of Midd. which Office
was, upon the same Procurement, given and granted
to the said Sir Lionell Cranfeild: And, as a Reward
for the same Procurement, he the said Duke had to
his own Use, or to the Use of some other Person by
him appointed, of the said Sir Lionell Cranfeild, the
Sum of Six Thousand Pounds, of lawful Money
of England, contrary to the Dignity of our Sovereign Lord the King, and against the Duty which
should have been performed by the said Duke unto
His procuring Honours for his poor Kindred.
"11. That he the said Duke hath, within these Ten
Years last past, procured divers Titles of Honour to
his Mother, Brothers, Kindred, and Allies; as, the
Title of Countess of Buckingham to his Mother,
whilst she was Sir Thomas Compton's Wife; the Title
of Earl of Anglisey to his younger Brother Christopher Villiers; the Titles of Baron of Newhenham
Paddocks, Viscount Feildinge, and the Earl of Denbigh, to his Sister's Husband, Sir William Feilding;
the Title of Baron of Stocke, and Viscount Purbecke,
to Sir John Villiers, Elder Brother of the said Duke;
and divers more of the like Kind to his Kindred
and Allies; whereby the noble Barons of England,
so well deserving in themselves and in their Ancestors, have been much prejudiced, and the Crown
disabled to reward extraordinary Virtues in future
Times with Honour; while the poor Estate of those
for whom such unnecessary Advancement hath been
procured, is apparently likely to be more and more
burthensome to the King; notwithstanding such Annuities, Pensions, and Grants of Lands, annexed to
the Crown, of great Value, which the said Duke
hath procured for those his Kindred, to support these
His exhausting, intercepting, and misemploying the King's Revenue.
"12. He the said Duke, not contented with the
great Advancement formerly received from the late
King, of Famous Memory, by his Procurement and
Practice, in the Fourteenth Year of the said King,
for the Support of the many Places, Honours, and
Dignities conferred on him, did obtain a Grant of
divers Manors, Parcel of the Revenue of the Crown,
and of the Dutchy of Lancaster, to the Yearly Valu
of One Thousand Six Hundred Ninety-seven Pounds,
Two Shillings, Half-penny Farthing, of the old
Rent, with all Woods, Timber, Trees, and Advowsons; Part whereof, amounting to the Sum of Seven
Hundred Forty-seven Pounds, Thirteen Shillings, and
Four Pence, was rated at Two and Thirty Thousand
Pounds, but in Truth of a far greater Value; and
likewise, in the Sixteenth Year of the same King's
Reign, did procure divers other Manors, annexed
to the Crown, of the Yearly Value, at the old Rent,
of Twelve Hundred Pounds, or thereabouts, according as in a Schedule hereunto annexed appeareth; in the Warrant for passing of which (fn. *) Lands,
he, by his great Favour, procured divers unusual
Clauses to be inserted; videlicet, That no Perquisites of Courts should be valued; and that all Bailiffs
Fees should be reprised in the Particulars upon which
those Lands were rated; whereby a Precedent
hath been introduced, which all those that since
that Time have obtained any Lands from the Crown
have pursued, to the Damage of His late Majesty,
and of our Sovereign Lord the King that now is,
to an exceeding great Value; and afterwards he
surrendered to His said Majesty divers Manors and
Lands, Parcel of those Lands formerly granted unto
him, to the Value of Seven Hundred Twenty-three
Pounds, Eighteen Shillings, Two Pence Half-penny
per Annum; in Consideration of which Surrender,
he procured divers other Lands of the said late
King, to be sold and contracted for by his own
Servants and Agents; and thereupon hath obtained
Grants of the same to pass from His late Majesty
to several Persons of this Kingdom, and hath caused
Tallies to be strucken for the Money, being the
Consideration mentioned in these Grants in the Receipt of the Exchequer, as if such Money had really
come to His Majesty's Coffers; whereas the said
Duke (or some other by his Appointment) hath
indeed received the same Sums, and expended them
upon his own Occasions; and, notwithstanding the
great and inestimable Gain by him made by the Sale
of Offices, Honours, and by other Suits by him obtained from His Majesty, and for the countenancing
of divers Projects and other Courses burthensome
to His Majesty's Realms both of England and Ireland; the said Duke hath likewise, by his Procurement and Practice, received into his Hands, and
disbursed unto his own Use, exceeding great Sums,
that were the Moneys of the late King, of Famous
Memory, as appeareth also in the said Schedule
hereunto annexed; and, the better to colour his
Doings in that Behalf, hath obtained several Privy
Seals from His late Majesty, and His Majesty that
now is, warranting the Payment of great Sums to
Persons by him named; causing it to be recited in
such Privy Seals, as if those Sums were directed for
secret Services concerning the State, which were
notwithstanding disposed of to his own Use, and
other Privy Seals by him procured for the Discharge
of those Persons, without Accompt; and, by the
like Fraud and Practice, under Colour of Free Gifts
from His Majesty, he hath gotten into (fn. †) his Hands
great Sums, which were intended by His Majesty to
be disbursed for the preparing, furnishing, and victualing of His Royal Navy; by which secret and
colourable Devices the constant and ordinary Course
of the Exchequer hath been broken, there being no
Means, by Matter of Record, to charge either Treasurer or Victualer of the Navy with those Sums
which ought to have come to their Hands, and to
be accompted for to His Majesty; and such a Confusion and Mixture hath been made between the
King's Estate and the Duke's, as cannot be cleared
by the Legal Entries and Records, which ought to
be truly and faithfully made and kept, both for the
Safety of His Majesty's Treasure, and for the Indemnity of His Officers and Subjects, whom it doth
concern: And also, in the Sixteenth Year of the
said King, and in the Twentieth Year of the said
King, did procure to himself several Releases from
the said King, of divers great Sums of the Money
of the said King by him privately received; and
which he procured that he might detain the same
for the Support of his Places, Honours, and Dignities; and those Things, and divers others of the
like Kind, as appeareth in the said Schedule annexed, hath he done, to the exceeding Diminution
of the Revenues of the Crown, and in Deceit both
of our Sovereign Lord the King that now is,
and of the late King James of Famous Memory,
and to the great Detriment of the whole Kingdom.
His transcendent Presumption in giving Physick to the King, &c.
"Whereas especial Care and Order hath been
taken by the Laws of this Realm, to restrain and
prevent the unskilful Administration of Physick,
whereby the Health and Life of Man may be much
endangered; and whereas most especially the Royal
Persons of Kings of this Realm, in whom we their
Loyal Subjects humbly challenge a great Interest,
are, and always have been, esteemed by us so sacred,
that nothing ought to be prepared for them, or administered unto them, in the Way of Physick or
Diet, in the Times of their Sickness, without the
Consent and Direction of some of their sworn Physicians, Apothecaries, or Surgeons; and the Boldness of such (how near soever unto them in Place
and Favour) who have forgotten their Duty so far
as to presume to offer any Thing unto them beyond
their Experience, hath been always ranked in the
Number of high Offenders and Misdemeanors; and
whereas the sworn Physicians of our late Sovereign
Lord King James, of Blessed Memory, attending on
His Majesty in the Month of March, in the Two
and Twentieth of His most Glorious Reign, in the
Times of His Sickness, being an Ague, did, in due
and necessary Care of and for the Recovery of His
Health and Preservation of His Person, upon and
after several mature Consultations in that Behalf had
and holden, at several Times in the same Month,
resolve, and give Directions, that nothing should be
applied or given unto His Highness, by Way of
Physick or Diet, during His said Sickness, but by
and upon their general Advice and Consents, and
after good Deliberation thereof first had; more
especially, by their like Care, and upon like Consultations, did justly resolve, and publicly give
Warning to and for all the Gentlemen, and other
Servants and Officers, of His said late Majesty's
Bed-chamber, that no Meat or Drink whatsoever
should be given unto Him within Two or Three
Hours next before the usual Time of and for the
coming of His Fit in the said Ague, nor during the
Continuance thereof, nor afterwards until His Cold
Fit were past; the said Duke of Buckingham, being
a sworn Servant of His late Majesty, of and in His
Majesty's said Bed-chamber, contrary to his Duty
and the tender Respect which he ought to have had
of His Majesty's most Sacred Person, and after the
Consultations, Resolutions, Directions, and Warning aforesaid, did nevertheless, without any sufficient
Warrant in that Behalf, unduly cause and procure
certain Plaisters, and a certain Drink or Potion, to
be provided for the Use of His said Majesty, without the Direction or Privity of His said late Majesty's Physicians, not prepared by any of His Majesty's sworn Apothecaries or Surgeons, but compounded of several Ingredients to them unknown;
notwithstanding the same Plaister, or some Plaister
like thereunto, having been formerly administered
unto His said Majesty, did procure such ill Effects
as that some of the said sworn Physicians did altogether disallow thereof, and utterly refuse to meddle
any further with His said Majesty until those
Plaisters were removed, as being prejudicial to the
Health of His Majesty; yet nevertheless the same
Plaister, as also a Drink or Potion, was provided
by him the said Duke, which he the said Duke,
by Colour of some insufficient and slight Pretences,
did, upon Monday, the One and Twentieth Day of
March, in the Two and Twentieth Year aforesaid,
when His Majesty (by the Judgement of His said
Physicians) was in the Declination of His Disease,
cause and procure the said Plaister to be applied to
the Breast and Wrists of His said late Majesty; and
then also, at and in His Majesty's Fit of the said
Ague, the same Monday, and at several Times within
Two Hours before the coming of the same Fit,
and before His Majesty's then Cold Fit was passed,
did deliver, and cause to be delivered, several Quantities of the said Drink or Potion to His late Majesty; who thereupon, at the same Times, within the
Seasons in that Behalf prohibited by His Majesty's
Physicians as aforesaid, did, by the Means and Procurement of the said Duke, drink and take divers
Quantities of the said Drink or Potion applied and
given unto and taken and received by His said Majesty as aforesaid, (fn. *) great Distempers and divers
ill Symptoms appeared upon His said Majesty, insomuch that the said Physicians, finding His Majesty the next Morning much worse in the Estate
of His Health, and holding a Consultation thereabouts, did, by joint Consent, send unto the said
Duke, praying him not to adventure to minister
unto His Majesty any more Physick, without their
Allowance and Approbation; and His said Majesty
Himself, finding Himself much diseased and affected with Pain and Sickness, after His then Fit,
when, by the Course of His Disease, He expected
Intermission and Ease, did attribute the Cause of
such His Trouble unto the said Plaister and Drink,
which the said Duke had so given, and caused to be
administered unto Him. Which said adventurous
Act, by a Person obliged in Duty and Thankfulness,
done to the Person of so great a King, after so ill
Success of the like formerly administered, contrary
to such Directions as aforesaid, and accompanied with
so unhappy an Event, to the great Grief and Discomfort of all His Majesty's Subjects in general, is
an Offence and Misdemeanor of so high a Nature,
as may justly be called, and is by the said Commons
deemed to be, an Act of transcendent Presumption,
and of dangerous Consequence.
"And the said Commons, by Protestation, saving
to themselves the Liberty of exhibiting at any Time
hereafter any other Accusation or Impeachment
against the said Duke, and also of replying to the
Answers that the said Duke shall make unto the said
Articles, or to any of them, and of offering further
Proof also of the Premises, or of any of them, as
the Case shall (according to the Course of Parliament) require, do pray, that the said Duke may be
put to answer to all and every the Premises; and
that such Proceeding, Examination, Trial, and Judgement, may be upon every of them had and used,
as is agreeable to Law and Justice.
"Grants and Gifts to the Duke himself, or to his immediate Use.
|"4 Junii, 14° Jacobi.
||"The Manor of Biddleston and other Lands, Parcel of the Possession of the Lord Grey, in the County of Buckingham,
|"23 Julii, 1623.
||"The Manor of Wadden in the same County of Buckingham,
||li £. xiiii s.
|"9 Novembris, 14° Jacobi.
||"The Lordship or Manor of Harrington, and divers other Lands, to the Yearly Value of
||viiCxlvii£. xiii s. iili d. ob. 7.
|"9 Decembris, 14° Jacobi.
||"The Manor of Combe Smited Binley, in the County of Warwicke,
||Ciiiixxxvii £. xiiii s. ix d.
|"These Lands passed in August, 17° Jacobi, whereof Part (videlicet, to the Value of 723 £. 18 s. 2 d.) were afterwards surrendered.
||"The Manor of Risly, in the County of Glouc.
||liii £. xvi s. vi d. ob. q.
||MCiiiizzxviii £. 1s. xi d. eb.
|"The Manor of Timberwood and Ramshurst, in Com. Kent,
||iiiixx ix £. vii s. iii d. ob.
|"The Lordship and Manor of Westharmes, Stockton-Stoke, Ivington, and Hope, in Com. Hereford,
||CCv £. xi s. iiii d.
|"The Manor of Spaldinge, in the County of Lincoln,
||CCCCxxiiii £. vii s. ii d. e.
|"The Grange of Berkley, in the County of Yorke,
||xv £. xvi s. iiii d.
|"The Manor of Over, in Com. Kent,
||lvi £. xviii s. ii d. q.
|"The Manor of Layston, in Com. Suff.
||Cxiiii £. vii s. xi d. ob. q.
|"The Lordship or Manor of Brampton, in the County of Huntingdon,
||Cxxvii £. vi d. ob. q. e.
|"The Park of Rockingham, in the County of Northampton,
||x £. xvi s. viii d.
||"The Manors and Lordship of Brighton, with Lands in Melborne, Acon, &c. the Manor of Santon, and the Grange of Berkhey, given in the Exchange for Yorke-House, by Act of Parliament 21° Jacobi,
||"The Forest of Leyfeild, in Com. Rutland, within which the Woods and His Majesty's yielding the Yearly Rent of Cxxx £. which Wood and all the rest of the Forest, except Beomond Walk and Rudlington-Park, are granted to the Duke 12 Sept. 1620, at the Fee-farm Rent of
||xxvi £. xiii s. iiii d.
|"These Sums were for Lands sold by his own Agents, and the Money received by them, but tallies stricken for Form only.
||"11 Febr. 1622, Mvi £.
"7 Mar. 1622, viiiC £.
"14 Mar. 1622, MviCxxxvi £. xiii s. iiii d.
"21 Mar. 1622, MMMM £.
"19 Julii, 1623, MviiiClx £.
"Dec. 1623, M £.
"Dec. 1623, MixCvi £. vi s. viii d.
"Jan. 1623, MiiiiClxxvi £. xvi s. viii d.
"30 Apr. 1624, MMMCCiiiixxiiii £.
"17 Oct. 1624, for the Manor of Newby, MMM £.
|xxMvClxiii £. xvi s. viii d.
|"23 Maii, 1625.
||"To the Earl of Manchester, in Part of Satisfaction of 20000 £. formerly paid to the Duke, for the Office of Lord Treasurer.
||For this some Lands were sold, at the Yearly Value of 500 £. or thereabouts.
|"23 Jan. 1623.
||"To Mr. Fotherly, in Free-gift, for secret Services,
|To Sir Robert Pye, 12 Aug. 1620,
|("This Money was paid for my Lord Duke's Purchase of Barley, and Sir Robert Pye discharged by another Privy Seal, 4 Jan. following.)
|"To Phillip Burliamake, Sept. 1625.
|"These Sums are paid to the Duke by a Privy Seal of Free Gift, but are alledged to be intended for the Navy.
||15 Jan. 1624,
|28 Jan. 1624,
|"Per Letters Patents, 17 Julii, 22° Jac.
||In one Pension out of the Revenue of the Court of Wards, 1000 £.
|"The Duke is to pay, by Covenant, the Moiety of this 7000£. unto the King.
||Out of the Customs of Ireland, by virtue of a Lease for Ten Years, granted 16° Jac. for Support of his Dignity.
||viiM£. per Annum.
|"21 Jun, 1619.
||The late King paid likewise to the late Earl of Nottingham, during his Life, 1000 £. Pension, for surrendering the Office of the Admiralty.
|"27 Martii, 13° Jac.
||One other Pension paid to the Earl of Worcester, for leaving the Mastership of the Horse to the Duke of Bucks.
|"29 Martii, 15° Jac.
||The Profit of the 3d upon Stranger's Goods, over and above the Rent of 3000 £. per Annum, which some Years amounted to 1000£. and some Years less.
||"His Endeavour to get the Money to be made of Prize Goods to be received by his Servant Gabriel Marsh, and to be disposed by himself, and the great Quantity of Goods sold without Warrant, and without any legal Course taken to bring it to Account.
||"Part of the Earl of Midd. Fine, by a Privy Seal, to the Lord Treasurer and Chancellor of the Exchequer, appointed for the Houshold and for the Wardrobe; but, by the Practice of the Duke, diverted to his own Use.
||"Divers Grants to the Duke's Brothers, and others of his Kindred.
|"Per Breve de Privato Sigillo, ult. Apr. 1625.
||To the Earl of Anglsey, 400£. per Annum, valued at the Sum of
||"To him more, Two Forests of Pewsam and Blackmore, of the yearly Value of 800£. at the least, together with the Timber and Trees thereupon growing, and likewise divers Debts granted to him for Trees there formerly sold, valued in toto, at
||"Sir Lionell Cranfeild, Knight, who married his Kinswoman, was advanced to be an Earl, made Lord High Treasurer of England, and by Means thereof, and of divers Places of Trust, he got to his own Use of His Majesty's Treasure, at several Times, and out of His Majesty's Estate.
||"To Sir Edward Villers 500 Acres, Parcel of the Forest of Deane, in the County of Glouc. with the Timber thereupon growing, valued at
|"Per Breve de Privato Sigillo, 20 Maii, 1°Car. Regis.
||To him more, in Money out of the Mint, in Consideration of Lea. Baylie, Parcel of the Forest of Deane, promised him by His late Majesty.
||"To him more, in a Pension by Grant, 31 Julii, 22°Jacobi, out of the Profits of the Mint.
||"In one other Pension by Grant, 31 Julii, 22°Jacobi, out of the Court of Wards.
Some Words of Sir Dudley Diggs at the late Conference questioned.
The Duke of Buckingham affirming that some Words
were spoken at this late Conference by Sir Dudley
Digges, which so far did trench on the King's Honour
that they are interpreted Treasonable; and that (had
he not been restrained by the Order of the House) he
would then have reprehended him for the same; he
therefore earnestly desired (for that divers Constructions
have been made of those Words, and for that they have
been diversely reported), that every one of the said Eight
Reporters would be pleased to produce their Notes taken
at the said Conference.
Protestation of some Lords thereupon.
This was much debated; and the House often put
into a Committee, and resumed again; and at last (tho'
not agreed on by any Order of the House) these Lords
following made their voluntary Protestation, upon their
Honour, that the said Sir Dudley Digges did not speak
any Thing at the said Conference, which did or might
trench on the King's Honour; and, if he had, they
would presently have reprehended him for it: videlicet,
The L. Grey of W.
L. Bp. of Sarum.
L. Bp. of Landafe.
L. Bp. of Chester.
L. Bp. of Co. et Lich.
L. Bp. of Rochester.
L. Bp. of Norwich.
L. Viscount Say et S.
L. Viscount Rocheford.
|E. of Mulgrave.
E. of Cleveland.
E. of Westm'land.
E. of Bolingbrooke.
E. of Clare.
E. of Denbigh.
E. of Cambridge.
E. of Devon.
E. of Warwicke.
E. of North'ton.
E. of Bridgewater.
E. of Mountgomery.
E. of Nottingham.
E. of Lincoln.
E. of Essex.
E. of Hertford.
E. of Kent.
E. of Oxon.
The Lord President affirmed that he had reported the
Words in the same Sense they were delivered unto him
by the Party himself; and, though the Dislocation of
them requires to be explained, yet he agreed with the
rest of the Lords for the Party's good Meaning, and
made the same Protestation.
The Lord Treasurer was not then present, nor the
Lord Archbishop of Canterbury.
The Lord Scroope refused to make any Protestation;
because there was no Order agreed on for it by the
So did the Lord Bishop of St. David's, and the Lord
Bishop of Duresme.
The Lord Bishop of London affirmed that he heard not
The Lord Viscount Wimbledon said he was not present.
The Earl of Holland thought the Words fit to be explained, and the Party questioned.
The Earl of Carlile desired that he might not make
any Protestation until he be commanded.
The Earl of Exceter, that he was not then present.
The Earl of Dorsett, that the Party might be his own
Interpreter; that his Lordship conceived them not to be
treasonable; yet he then thought them so ambiguous,
(fn. *) that he would be troubled for them.
The Duke of Buckingham, prout antea.
E. of Bristol's being allowed Counsel debated.
The Lords being put in Mind of the King's Message,
octavo Maii, touching Counsel allowed to the Earl of
Bristol; and that the Consideration thereof might be
the more freely debated, the House being put into a
Committee, and resumed again, the Order dated 28
Maii 1624, was read, touching Counsel to be allowed
generally; and the Order of the 6th of this May, Tha
the Earl should have Counsel allowed to plead his Cause.
And it was Agreed by most of the Lords, upon the
Question, The Lord Keeper to deliver unto His Majesty from the House this Night an humble Message to this
Message to the King concerning it.
"Whereas His Majesty had lately sent unto them a
Message, concerning the allowing of Counsel to the
Earl of Bristol, their Lordships had, with all Duty,
advised of that Business; and thereupon they humbly
signify unto His Majesty, that the Allowance of
Counsel to the Earl of Bristol was Ordered before
His Majesty's Message; and (as they conceive) that
Order doth not prejudice any fundamental Law of
the Realm. And that, in the Parliament of the 21st
of His Majesty's Blessed Father, a general Order was
made, touching the Allowance of Counsel unto Delinquents questioned in Parliament; at the Voting
whereof His now Majesty (being then Prince) was
present; which Order extends further than this late
Order for the Earl of Bristol."
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum,
videlicet, 16m diem instantis Maii, hora nona, Dominis