DIE Martis, videlicet, 13 die Junii,
Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:
p. Archiepus. Cant.
p. Epus. Dunelm.
p. Epus. Winton.
p. Epus. Roffen.
p. Epus. Co. et Lich.
Epus. Bath. et W.
p. Epus. Bangor.
p. Epus. Elien.
p. Epus. Oxon.
p. Epus. Cestren.
p. Epus. Landaven.
p. Epus. Sarum.
p. Epus. Meneven.
p. Epus. Bristol.
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.
p. Comes Arundellet Surr. Comes Mares. Angliæ.
Comes Pembroc, Camerar. Hospitii.
p. Comes Oxon.
p. Comes Kantii.
p. Comes Rutland.
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.
p. Comes Angles.
p. Comes Holland.
p. Comes Clare.
p. Comes Bolingbrook.
p. Comes Westmerland.
p. Comes Berk.
p. Comes Cleveland.
p. Comes Mulgrave.
p. Comes Monmouth.
p. Vicecomes Maunsfeild.
p. Vicecomes Rochford.
p. Vicecomes Say et Seale.
p. Vicecomes Wimbleton.
p. Ds. Conway, Prin. Sec.
p. Ds. Abergavenny.
p. Ds. Percy.
p. Ds. Delawarr.
p. Ds. Morley.
p. Ds. Scroope.
p. Ds. Dudley.
p. Ds. Stourton.
p. Ds. Vaux.
p. Ds. Mordant.
p. Ds. Cromewell.
p. Ds. Pagett.
p. Ds. North.
p. Ds. Compton.
p. Ds. Russell.
p. Ds. Grey de G.
p. Ds. Spencer.
p. Ds. Denny.
Ds. Stanhope de H.
Ds. Stanhope de Sh.
p. Ds. Noel.
p. Ds. Kymbolton.
p. Ds. Grey de W.
p. Ds. Deyncourt.
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,
Sir Robert Pye,
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,
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.
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
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
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.
"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
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
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum,
videlicet, 14m diem instantis Junii, hora 8a, Dominis sic