House of Lords Journal Volume 3
13 June 1626

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1767-1830

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'House of Lords Journal Volume 3: 13 June 1626', Journal of the House of Lords: volume 3: 1620-1628 (1767-1830), pp. 675-678. URL: http://british-history.ac.uk/report.aspx?compid=30542 Date accessed: 26 July 2014.


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Contents

DIE Martis, videlicet, 13 die Junii,
Lady Purbeck's Privilege. May's Arrest. E. of Bristol's Cause. Order against Asperity of Speech. Gardener's Sentence. Bp. of Bangor's Privilege. Griffith's Arrest. L. Conway detures to answer the Charge against him by the E. of Bristol. L. Conway's Answer to the Articles exhibited against him by the E. of Bristol. Concerning his Declaration, that, if Differences could not be accommodated between the D. of Bucks and E. of Bristol, he must adhere to the D. of Concerning his owning himself a Secretary of the D. of Buck's Creation, and styling him his Patron. That, as a Creature of the D. of Buckingham's he kept the E. of Bistol from the late King's Presence. That he hath been the Cause of the said Earl's Restraint for this Year past. That he had prevented the E. from seeing his Mother, when she was dying, contrary to the King's Knowledge or Intentions. That he would not dispatch any Thing relative to the said Earl's Business (which was referred to him by the King) without consulting with the D. of Buckingham. That he prevented the Meeting of the Commissioners, who were to have determined the Matter in Dispute between the King and the said Earl. That he never put the Questions to the said Earl upon the Answer of which he was to have been admitted into the King's Presence That, under Colour of a Letter of Leave to excuse the Earl's coming to Parliament, he sent an absolute Order to forbid his Attendance there. That he allowed the Treaty for marrying the King of Bohemia's Son with the Emperor's Daughter, and being bread at His Court, to be charged against the said Earl as a Crime, though he was also privy to it. That he hath been the Cause of all the said Earl's Troubles, by his dubious and entrapping Dispatches to him in Spain. Conclusion. E. of Bristol may reply to this Answer. Witnesses to be sworn in the E. of Bristol's Cause. Adjourn.

DIE Martis, videlicet, 13 die Junii,

Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:

p. Archiepus. Cant.
Archiepus. Eborum.
Epus. London.
p. Epus. Dunelm.
p. Epus. Winton.
Epus. Petriburg.
Epus. Hereforden.
Epus. Wigorn.
Epus. Norwicen.
p. Epus. Roffen.
p. Epus. Co. et Lich.
Epus. Bath. et W.
p. Epus. Bangor.
p. Epus. Elien.
Epus. Cicestren.
p. Epus. Oxon.
p. Epus. Cestren.
p. Epus. Landaven.
Epus. Lincoln.
p. Epus. Sarum.
Epus. Exon.
p. Epus. Meneven.
p. Epus. Bristol.
Epus. Asaphen.
Epus. Carlien.
p. Epus. Gloucestren.
p. Thomas Coventrey, Miles, Ds. Cust. Mag. Sigilli.
p. Comes Marleborough, Magnus Thesaurar. Angliæ.
p. Comes Manchester, Præs. Conc. Domini Regis.
Comes Wigorn, Ds. Cust. Privati Sigilli, et Senesc. Hospitii.
Dux Buckingham, Mag. Admirall. Angliæ.
Marchio Winton.
p. Comes Arundellet Surr. Comes Mares. Angliæ.
Comes Pembroc, Camerar. Hospitii.
p. Comes Oxon.
Comes Northumbriæ.
Comes Salop.
p. Comes Kantii.
Comes Derbiæ.
p. Comes Rutland.
Comes Cumbriæ.
Comes Sussex.
Comes Huntingdon.
Comes Bath.
Comes Bedford.
p. Comes Hertford.
p. Comes Essex.
p. Comes Lincoln.
p. Comes Nottingham.
p. Comes Suffolciæ.
p. Comes Dorsett.
p. Comes Sarum.
p. Comes Exon.
p. Comes Mountgomery.
p. Comes Bridgewater.
p. Comes Leicestre.
p. Comes North'ton.
p. Comes Warwic.
p. Comes Devon.
p. Comes Cant.
p. Comes Carlile.
p. Comes Denbigh.
Comes Bristol.
p. Comes Angles.
p. Comes Holland.
p. Comes Clare.
p. Comes Bolingbrook.
p. Comes Westmerland.
p. Comes Berk.
p. Comes Cleveland.
p. Comes Mulgrave.
Comes Danby.
Comes Totnes.
p. Comes Monmouth.
Vicecomes Mountague.
Vicecomes Wallingford.
Vicecomes Purbeck.
p. Vicecomes Maunsfeild.
Vicecomes Colchester.
p. Vicecomes Rochford.
Vicecomes Tunbridge.
p. Vicecomes Say et Seale.
p. Vicecomes Wimbleton.
p. Ds. Conway, Prin. Sec.
p. Ds. Abergavenny.
Ds. Audley.
p. Ds. Percy.
Ds. Willoughby.
p. Ds. Delawarr.
Ds. Berkley.
p. Ds. Morley.
Ds. Dacres.
p. Ds. Scroope.
p. Ds. Dudley.
p. Ds. Stourton.
Ds. Herbert.
Ds. Darcy.
p. Ds. Vaux.
Ds. Windsore.
p. Ds. Mordant.
p. Ds. Cromewell.
Ds. Evre.
p. Ds. Pagett.
p. Ds. North.
p. Ds. Compton.
Ds. Howard.
Ds. Wootton.
p. Ds. Russell.
p. Ds. Grey de G.
Ds. Petre.
p. Ds. Spencer.
p. Ds. Denny.
Ds. Stanhope de H.
Ds. Arundell.
Ds. Teynham.
Ds. Stanhope de Sh.
p. Ds. Noel.
p. Ds. Kymbolton.
Ds. Brooke.
Ds. Mountague.
p. Ds. Grey de W.
p. Ds. Deyncourt.
Ds. Ley.
Ds. Roberts.
p. Ds. Vere.
p. Ds. Tregoze.
p. Ds. Carleton.

THE Lord Chamberlain excused.

Lady Purbeck's Privilege.

May's Arrest. E. of Bristol's Cause.

Upon the Order of the 10th of June, Francis Bill and others were brought to the Bar, to answer their Contempt, in the Arrest of Phillipp May, Servant to the Lady Purbeck; and for that it appeared, by the Oath of Richard Ellwicke, that the said May was Servant in ordinary to the said Lady, he was discharged of the said Arrest, and set at Liberty.

But, for that he the said Ellwicke had given wrong Information of the said Francis Bill, whom the Lords found to be no Way faulty in the said Arrest; he, the said Ellwicke, was committed, and Ordered to pay the said Bill's Fees and Charges, and to remain in the Serjeant's Custody as long as Bill was. And the said Bill and others, complained of for the said Arrest, were discharged, and set at Liberty.

Upon Mr. Attorney's Motion, these are to attend, to be sworn, and examined ex parte Domini Regis, touching the Charge against the Earl of Bristol:

Sir William Curteyne,
Rollstolphe,
Sir Robert Pye,
Phill. Burlemacchi,
Phill. Jacobson.

The Lord Archbishop of Cant. reported to the Lords, That the Earl of Bristol thinks the Examinations are taken in his Prejudice; for that the Examination of the Witnesses produced by Mr. Attorney are not published, whereas the King's Counsel do presently know what Examinations are taken on the Part of the said Earl. And the Lords, taking this into their Consideration, appointed Sir Robert Rich, Sir Edward Salter, and Sir Peter Mutton (Masters of the Chancery), to attend the Committee for the said Examinations; and they were sworn to keep close and secret all such Examinations as they should take, until Publication.

Order against Asperity of Speech.

The Lord President reported an Order conceived by the Lords Sub-committees for Privileges, etc. which was read, in hæc verba: videlicet,

"To prevent Misunderstandings, and for avoiding of offensive Speeches, when Matters are debating, either in the House or at Committees, it is for Honour Sake thought sit, and so Ordered, That all Personal Sharpness, or Taxing Speeches, be forborne; and whosoever answereth another's Speech, shall apply his Answer unto the Matter, without Wrong to the Person; and, as nothing offensive is to be spoken, so nothing is to be ill taken, if the Party that spoke shall presently make a fair Exposition, or clear Denial, of the Words that might bear any ill Construction; and if any Offence be given in this Kind, as the House itself will be very sensible thereof, so it will sharply censure the Offender, and give the Party offended a fit Reparation and a full Satisfaction."

This, being read, was generally approved of, and Ordered to be entered in the Roll of Orders.

It is this Day Ordered, That the Clerk draw up the Judgements given in the Parliament of 18° Jacobi Regis, and ingross them in a Roll, and return that Roll (being viewed by the Sub-committee for Privileges, etc.) into the Chancery.

Gardener's Sentence.

Whereas George Gardner, by the Censure of this House, did lately stand in the Pillory, for selling of Counterfeit Protections; Complaint was made unto the House, That he did not only, in Scorn thereof, say, that he would stand in all the Pillories of England for Two Shillings per diem, but also gave out threatening Speeches against the Lord Keeper; wheresore he was brought to the Bar this Day, and the said Speechs proven to be spoken by him. It was Ordered, The said George Gardner to stand in the Pillory here at Westm. with a Paper on his Head, declaring his Offence (for scandalizing the Justice of this House, and for unjustly slandering the Lord Keeper). And to ride backward, with the same Paper, to the Cross in Cheapeside, and to stand on the Pillory there, and so to ride back to The Fleet in like Manner.

This Sentence being pronounced against him, the Lord Keeper did earnestly desire this Punishment might be forgiven Gardner. And so also his Lordship had often, before the Censure, made the same Suit; but the House denied it.

And whereas the said George Gardner and George Buttrice (who also had bought a Counterfeit Protection) have commenced Suits against one Henry Lane, who first informed the Earl of Huntingdon thereof (whose Protections were counterfeited and sold); the said Suits not being for just Debt, but for mere Vexation, as in the Petition of the said Henry Lane is contained; it is Ordered, The said Gardener and Buttrice to stay all Suits against the said Henry Lane, for the Causes in his Petition contained.

Bp. of Bangor's Privilege. Griffith's Arrest.

John Davies up Williams was brought to the Bar, to answer his Contempt, for the Arrest of the Lord Bishop of Bangor's Man, contrary to the Privilege of Parliament; which Arrest and Contempt was proved by Oath at the Bar.

It was also complained of, and proved by Oath, That Sir Thomas Williams, Knight and Baroner, did threaten the Bishop of Bangor's Man, for complaining to the Lords of the said Arrest.

Ordered, John Davys upp Williams to be committed to The Flect, for his Contempt of the Privileges of Parliament, in the Arrest of Henry Griffith, Servant to the Lord Bishop of Bangor; and also that the said Sir Thomas Williams shall be committed, during the Pleasure of this House, for threatening of the said Henry Griffith, in the Passage from the Parliament House, because of his Complaint to the Lords of this Arrest and Breach of Privileges.

L. Conway detures to answer the Charge against him by the E. of Bristol.

The Lord Conway remembered their Lordships of the Articles delivered by the Earl of Bristol against him, primo Maii; and besought their Lordships, that he might put in his Answer to the same; which being granted, he delivered in his Answer immediately, which was read, in hæc verba:

L. Conway's Answer to the Articles exhibited against him by the E. of Bristol.

"The Answer of the Lord Conway to the Eleven Articles delivered against him into the Upper House of Parliament, by the Earl of Bristol, the First Day of May.

Concerning his Declaration, that, if Differences could not be accommodated between the D. of Bucks and E. of Bristol, he must adhere to the D. of

To the First, the Lord Conway doth acknowledge to owe a great deal of Respect, Love, and Service, to the Duke of Buckingham; doth well remember that a worthy Gentleman did invite him to endeavour the Reconciliation of the Earl of Bristol with the Duke; to which also he made Answer, that he had both Affection and Readiness to do all the good Offices in his Power; and that, for the general Duty which every Man oweth to the Works of Reconciliation, and for other special Motives, as being born in one and the same County, of long Acquaintance, nothing having ever passed between the Persons of the Earl of Bristol and the Lord Conway but Demonstrations of Good-will, and an Interest of Blood being between the Lord Conwaye's Children and the Earl, acknowledging withall many lovely Parts and Powers in him; and it is not unlikely that the Lord Conway might say (according to the ingenuous Freedom which he useth and cherisheth in himself), that, if Things should not be reconciled, but break out into Opposition between the Duke and the Earl, he must then declare his greater Love to be to the Duke than to him: But this the Lord Conway limited to their particular Persons; and hopes it cannot by any Justice be interpreted to stain him as he is a Public Minister, a Magistrate, or a Peer of the Realm: All Offices and Obligations in those he owes to God and to the King, and to no Subject; and doth profess, and is confident, he hath paid them hitherto, and hopes in God to continue so with unblameable Integrity.

Concerning his owning himself a Secretary of the D. of Buck's Creation, and styling him his Patron.

"To the Second: That the Artifice the Earl of Bristol useth, with mingling Truth with Untruth, makes it hard to clear it without much Prolixity, which the Lord Conway thinks this Article not worthy of, comparing it with the Honour and Reverence he owes to this Great and Noble Council. Yet, by your Lordships good Favours, he gives it this Answer, That he verily believes he never wrote in those Terms, of being a Secretary by the Duke's Creation, although he never was not is unapt to acknowledge infinite Obligations to the Duke, for his Favours freely employed upon him, which he was ever, and is yet, ready to testify, by all due Attributes and Expressions. But for the Lord Conway to have acknowledged in those Terms, had been to have forgotten what he owed to his Gracious Master, of glorious Memory, who, when He gave him the Seals, in the Presence of divers of the Lords of the Council (the Duke being also present), told him, and took the Duke to Witness, that it was His own proper Choice to make the Lord Conway His Secretary. Yet it may well be, when our now Gracious King and the Duke were in Spaine, His late Majesty having commanded the Lord Conway to write, that they both might know it, that He had appointed him only to be Secretary to receive the Dispatches from thence; and return the Answers, that he might then write to the Duke that he was his Secretary. And for the beginning the Lord Conway's Letters with Gracious Patron, which the Earl of Bristol is pleased to note, it is true, that, ever since the King gave him the Creation of Duke (which carries the Stile of Grace), the Lord Conway hath given him that, with the Addition of Patron, with as true and as plain a Heart, as it is given ordinarily in other Countries, without Intention or Meaning. And the First Time that ever the Lord Conway gave this Style was, when His late Majesty told him he must, in his Letters, give the Duke the Style of Grace; and that the Letter he shewed to His Majesty, and Twenty others of the same Title, and His Majesty neither reproved it, nor forbad it.

That, as a Creature of the D. of Buckingham's he kept the E. of Bistol from the late King's Presence.

"To the Third: That is a scandalous Article, without Foundation; and that the Lord Conway never did any Thing to keep the Earl of Bristol from His late Majesty's Presence, but by express Commandment from His Majesty, which, as he was Secretary, he conceives to be sufficient Warrant.

That he hath been the Cause of the said Earl's Restraint for this Year past.

"To the Fourth: This is in all a Scandal, and in One Part unthankfully and untruly wrested; for Mr. Grisley coming to the Lord Conway, under the Pretext of Faith and Confidence, for Advice, to know of him whether it might be safe for his Lord, upon Consideration of several Restraints and Leaves, to come to London, to follow his Business; whereupon the Lord Conway answered him, in the Presence of God (as a Man that would not betray another to save his own Head), that he thought he might not safely without Leave from His Majesty; but this Advice he gave as a Friend, not as a Secretary, not any Way from His Majesty, or in His Name.

That he had prevented the E. from seeing his Mother, when she was dying, contrary to the King's Knowledge or Intentions.

"To the Fifth: The Lord Conway denies the Charge in general; and for that Part touching his Speaking with the Duke, he remembereth that the Earl of Bristol did, in the Postscript of a Letter, desire him to move His Majesty in that Point: But the Lord Conway, conceiving the State of Affairs to stand so between the Earl and the Duke, that Good Respect required that Office of Grace to the Earl should pass with the Knowledge of the Duke, it is possible he might stay the Opportunity to acquaint the Duke, it being no Part of his Duty to his Master of Glorious Memory, but a Thing free in the Choice of him, the Lord Conway, to do or not to do. And further, the Lord Conway doth verily believe, that he was informed that it was the Desire of the Earl, that the Duke should be made acquainted with it. To the rest of the Article he answereth, That this Article gives him, the Lord Conway, the first Notice of any Displeasure taken by His late Majesty against him, for not moving Him, or that He should call the denying the Earl Leave a barbarous Act. And the Lord Conway denies that he seconded the Leave from His Majesty; but, so soon as he received Warrant, he obeyed it exactly, without any Clauses or Limitations more than the King commanded, and that he delayed not the Dispatch of it.

That he would not dispatch any Thing relative to the said Earl's Business (which was referred to him by the King) without consulting with the D. of Buckingham.

"To the Sixth: It appears, by the Earl of Bristol's acknowledging that he was directed to the Lord Conway for his Business, that the King had not found any Fault in the Lord Conwaye's handling of the Earl of Bristol's Occasions, as is alledged in the Fifth Article: And for the Lord Conwaye's refusing to do any Thing without the Duke, it is true that the Duke being so far engaged by the Relation which he made to both House of Parliament, in the Presence, and with the Assistance, Avow, and Testimony (in many Things) of the then Prince, and now Gracious King, His late Majesty commanded the Lord Conway, that nothing should be moved or done in the Earl of Bristol's Business, without the Knowledge of the Duke.

That he prevented the Meeting of the Commissioners, who were to have determined the Matter in Dispute between the King and the said Earl.

"To the Seventh: It is true, that Commissioners were appointed for forming the Charge against the Earl of Bristol in Articles, which was the longer in handling, by reason that some of the Committee were at London, for Occasions of the King's Service, and the Lord Conway tied to attend at Court. Yet the Lord Conway did come expressly to London, to attend the Committee, to give that Business the greater Expedition; and doubteth not but the Commissioners will witness, that the Lord Conway did shew all Manner of Forwardness to give Speed to that Work. Touching the King's Promises, the Lord Conway knows not any Thing; but he well knows the King bestowed the reading of all the Charge and Answers, both at large and in brief, as they were made by the Earl of Bristol, and directed to His Majesty; and doth verily believe that, if the Earl of Bristol's Answers had been so full as to have admitted no Reply, His Majesty would have presently put an End to the Earl's Business, especially if He had promised it, as is alledged. Touching the Commissioners Declaration, the Lord Conway never heard any of them declare himself satisfied. And the Earl of Bristol's Answers being given to the King, it was in his Heart and Pleasure to give Directions, which if the Lord Conway had ever received, he would have obeyed them. But the Commissioners had done their Work in forming the Charge; and, for aught the Lord Conway knows, had neither Warrant not Matter to proceed further upon. The Lord Conway knows of no Artifice of the Duke of Buckingham, to the Ends mentioned in this Article; nor was ever made acquainted with, or believes there was, any. And for himself, when the supposed Artifices are made appear, as is undertaken, the Lord Conway will be ready to make his just Answers.

That he never put the Questions to the said Earl upon the Answer of which he was to have been admitted into the King's Presence

"To the Eight: The Lord Conway never knew, or heard, of any such solemn Protestation of the King, touching the admitting the Earl of Bristol to His Presence; but His late Majesty told the Lord Conway, that there was a further Charge to be laid against the Earl, which it may be the Lord Conway accordingly writ unto him. The King never gave the Lord Conway Directions for any further Charge; but, moving His Majesty upon some Solicitation of the Earl of Bristol, His Majesty was pleased to answer, That the Earl was upon other Ways and Solicitations; by which the Lord Conway took himself discharged of that Business, and it may be answered the Earl of Bristol so.

That, under Colour of a Letter of Leave to excuse the Earl's coming to Parliament, he sent an absolute Order to forbid his Attendance there.

"To the Ninth: The Lord Conway knows not what passed from the Earl of Bristol to His Majesty, or from His Majesty to him, by the Duke's Hand; but for His Majesty's Letter, which the Lord Conway acknowledgeth passed through his Hands, there was nothing inserted, but by the King's Directions, and the Letter read, approved, and signed by His Majesty. For the latter Part of this Article, the Lord Conway refers himself to his Answer to the Fourth Article, where the same Charge is laid against him.

That he allowed the Treaty for marrying the King of Bohemia's Son with the Emperor's Daughter, and being bread at His Court, to be charged against the said Earl as a Crime, though he was also privy to it.

"To the Tenth: That the Treaty for marrying the King of Bohemia's Son with the Emperor's Daughter, and bringing him up in that Court, was handled by the Lord Baltimore; and the Lord Conway had never any Part in that Treaty, nor knew that His Majesty gave Consent to it, or advised it; but, on the contrary, he ever understood that His Majesty was against the breeding of the young Prince in the Emperor's Court; and ever said, that He would take upon Him the Care of his Breeding. But the Lord Baltimore giving an Account of that Treaty, by his Letter to His Majesty, then at Newmarkett, and there being then a Dispatch going for Spaine, His Majesty commanded the Lord Conway to send that Dispatch from the Lord Baltimore in the Packet to the Earl of Bristol, which is all the Lord Conway had to do in it. And the Lord Baltimore being a Party in the Treaty, and a Commissioner in forming the Charge against the Earl of Bristol, the Earl may as well take Exceptions against him and the rest of the Commissioners, as against the Lord Conway, for that Part of the Charge. But the Earl of Bristol is not charged for conforming himself to His Majesty and His Proceedings here in that Point; but further, for moving it and carrying it in such a Fashion in Spaine, as Sir Walter Ashton told him he durst not consent to it for his Head. For the late Letter from His Majesty, the Lord Conway answereth, that he did nothing therein but by Direction from His Majesty, and by His Majesty's own Words or Pen.

That he hath been the Cause of all the said Earl's Troubles, by his dubious and entrapping Dispatches to him in Spain.

"To the last: The Lord Conway never sent any Dispatches to the Earl of Bristol into Spaine, without His Majesty's Directions, and first shewing them to His Majesty, and receiving His Approbation and Warrant of them; whose Judgement would not have let dubious or entrapping Directions pass Him without Reformation. And if the Earl be charged with any Thing more than the Directions import, the Dispatches will clear that. But the Lord Conway conceives the Cause of the Earl of Bristol's Troubles proceed truly from his own large Promises, on the Behalf of Spaine and the Emperor, and the little Grounds the Effects shew he had for drawing on His Majesty into so deep and disadvantageous Engagements.

Conclusion.

"The Lord Conway having thus made a true and clear Answer to the several Articles exhibited against him, he humbly leaveth the same to your Lordships grave Consideration; reserving to himself, as well all just Advantage against any Part of those Articles in the Vanities and Contradiction of the Charge, as also the Supply of any Thing in these his humble Answers that may be defective in Point of Form, or by further Instance or doubtful Interpretation may require a further or clearer Explanation."

E. of Bristol may reply to this Answer.

This Answer being read; it was Ordered, That the Earl of Bristol may reply thereunto, if he please.

It is Ordered, the House to meet To-morrow Morning at Eight (being a Star Chamber Day); and to sit and swear some Witnesses, and then to be adjourned till Two post meridiem.

Witnesses to be sworn in the E. of Bristol's Cause.

And Mr. Attorney is to produce his Witnesses Tomorrow, at Eight, to be then sworn, and examined afterwards by the Committee, touching the Earl of Bristol.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, 14m diem instantis Junii, hora 8a, Dominis sic decernentibus.