Suffolk, 28 Hen. 6, in singly and unwisely treating of a marriage in France.-A Spanish treaty lost the Palatinate. Whose counsel hath pro (as never before) to effect freedom to so many priests as have been of late; and to become a solicitor almost in every tribunal for the illaffected subjects of the state, is worth the inquiry? as had served the late Queen of happy memory, debts of the crown were not so great: Commissions and Grants not so often complained of in parliament; Trade flourished; Pensions|nounced so great power to the Spanish agent not so many, though more than in the late queen's time, for they exceeded not 18,000l. now near 120,000l. all things of moment were carried by public debate at the Council-table; no honours set to sale; nor places of judicature; laws against priests and recusants were executed; resort of papists to ambassadors houses barred and punished; his majesty by daily direction to all his ministers, and by his own pen, declaring his dislike of that profession; no wasteful expences in fruitless ambassages, nor any transcendant power in any one minister. For matters of state, the Counciltable held up the fit and ancient dignity. So long as my lord of Somerset stood in state of grace, and had by his majesty's favour the trust of the signet seal, he often would glory justly that there passed neither to himself, or his friends, any long grants of his highness's lands or pensions: for of that which himself had, he paid 20,000l. towards the marriage-portion of the king's daughter. His care was to pass no monopoly or illegal grant; and that some members of this house can witness by his charge unto them. No giving way to the sale of Honours as a breach upon the nobility, (for such were his own words) refusing sir John Roper's office, then tendered to procure him to be made a baron. The match with Spain then offered, (and with condition to require no further toleration in religion than ambassadors here are allowed) he, discovering the double dealing and the dangers, dissuaded his majesty from; and left him so far in distrust of the faith of that king, and his great instrument Gondomar, then here residing, that his majesty did term him long time after a Juggling Jack.' "Thus stood the effect of his power with his majesty when the clouds of his misfortune fell upon him. What the future advices led in, we may well remember. The Marriage with Spain was again renewed: Gondomar declared an honest man: Popery heartened, by employing suspected persons for conditions of conveniency. The forces of his majesty in the Palatinate withdrawn, upon Spanish faith improved here and believed, by which his highness's children have lost their patrimony; and more money been spent in fruitless ambassages, than would have maintained an army fit to have recovered that country. Our old and fast allies disheartened, by that tedious and dangerous treaty: and the king our now master exposed to so great a peril, as no wise and faithful council would ever have advised errors in government, more in misfortune by weak counsels than in princes. "The loss of the county of Poyntois in France, was laid to bishop Wickham's charge in the first of Rich. 2, for persuading the king to forbear sending aid when it was required: a capital crime in parliament. The loss of the duchy of Maine was laid to De la Pole duke of What Grants of Impositions, before crossed, have lately been complained of in parliament? As that of Ale-houses, Gold-Thread, Pretermitted Customs, and many more: the least of which would have, 50 Edw. 3, been adjudged in parliament an heinous crime, as well as those of Lyon and Latymer.-The duke of Suffolk in the time of Hen. 6, in procuring such another grant, in derogation of the common law, was adjudged in parliament. The gift of honours, kept as the most sacred treasure of the state, now set to sale. Parliaments have been suitors to the king to bestow those graces; as in the times of Edw. 3, Hen. 5, and Hen. 6. More now led in, by that way only, than all the merits of the best deservers have got these last 500 years. So tender was the care of elder times, that it is an article 28 Hen. 6, in parliament against the duke of Suffolk, that he had procured for himself, and some few others, such Titles of Honour, and those so irregular, that he was the first that ever was earl, marquis, and duke of the selfsame place. Edward 1, restrained the number, in policy, that would have challenged a writ by tenure: and how this proportion may suit with the profit of the state, we cannot tell. Great deserts have now no other recompence than costly rewards from the king; for, we are now at a vile price of that which was once inestimable. If worthy persons have been advanced freely to places of greatest trust, I shall be glad. Spencer was condemned in the 14 Edward 2, for displacing good servants about the king, and putting in his friends and followers; not leaving either in the church or commonwealth, a place to any, before a fine was paid unto him for his dependence. The like in part was laid by parliament on De la Pole. It cannot but be a sad bearing unto us all, what my Lord Treasurer lately told us of his majesty's great debts, bigh engagements, and present wants: the noise whereof I wish may ever rest inclosed within these walls. For, what an encouragement it may be to our enemies, and a disheartening to our friends, I cannot tell. The danger of those, if any they have been the cause, is great and fearful. It was no small motive to the parliament, in the time of Henry 3, to banish the king's half-brethren for procuring to themselves so large proportion of crown lands. Gaveston and Spencer for doing the like for themselves, and their fol lowers, in the time of Edward 2, and the lady Vessy for procuring the like for her brother Beaumont, was banished the court. Michael de la Póle was condemned 10 R. 2, in parliament amongst other crimes, for procuring lands and pensions from the king, and having employed the subsidies to other ends than the grant intended. His grand-child, William duke of Suffolk, for the like was censured 23 Henry 6. The great bishop of Winchester, 50 Edward 3, was put upon the king's mercy by parliament, for wasting in time of peace, the revenues of the crown, and gifts of the people; to the yearly oppression of the commonwealth. Offences of this nature were urged, to the ruining of the last duke of Somerset in the time of Edward 6. More fearful examples may be found, too frequent in records. Such improvidence and ill counsel led Henry 3 into so great a strait, as after he had pawned some part of his foreign territories, broke up his house, and sought his diet at abbies and religious houses, engaged not only his own jewels, but those of the shrine of St. Edward at Westminster; he was in the end not content, but constrained to lay to pawn (as some of his successors after did) magnam coronam Anglia, the crown of England. To draw you out to life the image of former kings extremities, I will tell you what I found since this assembly at Oxford, written by a reverend man, twice vice chancellor of this place; his name was Gascoign; a man that saw the tragedy of De la Pole: he tells you that the revenucs of the crown were so rent away by ill counsel, that the king was inforced to live de tallagus populi:' that the king was grown in debt quinque centena millia librarum:' that his great favourite, in treating of a foreign marriage, had lost his master a foreign duchy: that to work his ends, he had caused the king to adjourn the parliament in villis et remotis partibus regni,' where few people, propter 'defectum hospiti et victualium', could attend; and by shifting that assembly from place to place, to inforce, I will use the author's own word, illos paucos, qui remanebant de communitate regni, concedere regi quamvis pessima. When the parliament endeavoured by an act of resumption, the just and frequent way to repair the languishing state of the crown, for all from Henry 3, but one, till the 6 Henry 8, have used it, this great man told the king it wasad dedecus regis,' and forced him from it: to which the Commons answered, although vexati laboribus et expensis, nunquam concederent taxam regi,' until by authority of parliament, resumeret actualiter omnia pertinentia corome Angliæ:' and that it was magis ad doons regis,' to leave so many poor men intolerable want, to whom the king stood the Indebted. Yet nought could all good Cork, until by parliament that bad was banished; which was no sooner an act of resumption followed the of the act of his exilement. That eeding article against the bishop of and his brother, in the time of that they had ingrossed the person his other lords. It was not weston and the Spencers, in 2. The unhappy ministers Hen, o, and Edw. 6, felt the weight, to their ruin, of the like errors. I hope we shall not complain in parliament again of suck. "I am glad we have neither just cause, or undutiful dispositions, to appoint the king a counsel to redress those errors in parliament, as those 42 Hen. 3. We do not desire, as 5 Hen. 4, or 29 Hen. 6, the removing from about the king any evil counsellors. We do not request a choice by name, as 14 Edw. 2. S. 5. 11. Rd. 2, 8 Hen. 4, or 31 Hen. 6, nor to swear them in parliament, as 35 Edw. 1, 9 Edw. 2, or 5 Rd. 2, or to line them out their directions of rule, as 43 Hen. 3, and 8 Hen. 6, or desire that which Hen. S did promise in his 42d year, se acta omnia per assensum magna. tum de concilio suo electorum, et sine eorum assensu nihil.' We only in loyal duty offer up our humble desires, that since his majesty hath, with advised judgment, elected so wise, religi ous, and worthy servants, to attend him in that high employment; he will be pleased to advise, with them together, a way of remedy for those disasters in state, brought on by long security and happy peace; and not be led with young and single counsel." 6 6 On the 12th of August, less than a week after the delivery of this Speech, this first parliament of King Charles was dissolved. He soon afterwards convened a second, which assembled on Feb. 6th, 1626, presently after which the house of commons busied itself in getting materials for exhibiting Articles against the duke of Buckingham. Their Committee on Grievances made several reports, "That they had learned the reason why our merchant ships and goods were seized in France, was because our admirals had seized the goods of that nation in several ports of England, particularly in the ship called the Peter of Newhaven; which was brought into Plymouth by order of the duke, after the king and council had ordered it to be restored upon a just claim, and the court of admiralty had also released her: that 23 bags of silver and 8 bags of gold, taken out of this ship, were, by sir Francis Stewart, delivered to the lord duke: that till this action, the French did not begin to seize any English ships or goods; and that the duke, having notice of it, said, he would justify the stay of the ship by an express order from the king" The king in a speech expressed his strong attachment to Buckingham, but the spirit "Some men," says May, "wondered to see the new king suddenly linked in such an intire friendship with the duke of Buckingham, for extraordinary favourites do usually eclipse and much depress the heir apparent of a crown, or else they are conceived so to do, and upon that reason hated and ruined by the succeeding prince, in which kind all ancient and modern histories are full of examples. In the beginning of king Charles his reign a parliament was called and adjourned to Oxford, the plague raging extremely at London, where the duke of Buckingham was highly questioned, not without the grief and sad presage of many people ences between the duke of Buckingham and him. On his refusal, in some measure, to comply with the terms, the lord Conway, secretary of state, wrote to him the following Letter, and received his Answer to it: The Lord Conway to the Earl of Bristol. "My lord; I received a letter from your lordship, dated the 4th of this month, written in answer to a former letter which I directed to your lordship, by his majesty's commandment. This last letter, according to my duty, I have shewed unto his majesty, who hath pe raised against the minister could not be suppressed by any thing the king could do; and no Supply was to be expected till the Duke was given up to the public vengeance. The Commons followed the chace very warmly against him; and, in some of their Debates, very severe expressions were used against the court; particularly Mr. Clement Coke (son of sir Edward Coke,) said, "That it was better to die by an enemy than to suffer at home." And another member, Dr. Turner, a physician, proposed to the house the following Queries, against the Duke, grounded upon Public Fame. 1. "Whether the Duke, being Admiral, berused it, and hath commanded me to write back not the cause of the loss of the king's royalty in the narrow seas? 2. Whether the unreasonable, exorbitant, and immense gift of money and lands, on the Duke and his relations, be not the cause of impairing the king's revenue, and impoverishing the crown? 3. Whether the multiplicity of Offices conferred upon the Duke, and others depending upon him, whereof they were not capable, be not the cause of the evil government of this kingdom? 4. Whether Recusants, in general, by a kind of connivency, be not borne out and increased, by reason the duke's mother and father-in law were known papists? 5. Whether the Sale of Offices, Honours, and places of judicature, with ecclesiastical livings and promotions, a scandal and hurt to the kingdom, be not through the Duke! 6. Whether the Duke's staying at home, being Admiral and General in chief of the sea and land army, was not the cause of the bad success and overthrow of the late action; and whether he gave good direction for the conduct of that design?" to you again, that he finds himself nothing satisfied therewith. The question propounded to your lordship, from his majesty, was plain and clear, Whether you did rather chase to sit still without being questioned for any errors passed in your Negotiations in Spain, and enjoy the benefit of the late gracious pardon granted in parliament, whereof you may have the benefit: or whether, for the clearing of your innocency, (whereof yourself, and your friends and followers, are so confident) you will be content to wave the advantage of that pardon, and put yourself into a legal way of examination for the trial thereof. His majesty's purpose thereby, is not to prevent you of any favours the law hath given you; but if your assurance be such as your words and letters import, he conceives it stands not with that public and resolute profession of your integrity to decline your trial. His majesty leaves the choice to yourself, and requires from you a direct answer, without circumlocution or bargaining with him for future favours before hand; but if you have, a desire to make use of that pardon which cannot be denied you, nor is any way desired to be taken from you, his majesty expects you should at the least forbear to magnify your service, and, out of an opinion of your innocency, cast an aspersion upon his majesty's justice, in not affording you that present fulness of liberty and favour which cannot be drawn from him, but in his good time, and according to his good pleasure. Thus much I have in commandment to write to your lordship, and to require your answer clearly and plainly by this messenger, sent on purpose for it, and so remain, Upon occasion of this Speech of Mr. Coke, and these Queries of Dr. Turner, the king thought fit to send a reprehensive Message to the House of Commons. These transactions gave rise to Debates reported in 2 Cobb. Parl. Hist. in which part was taken by Selden, Rolle, Wentworth, Wylde, and other eminent persons, among whom the notable Mr. Noy spoke in the Duke's disfavour. Other parliamentary proceedings respecting Buckingham are reported in 2 Cobb. Parl. Hist. and Rushw. Coll. but they do not assume the character of a State Trial, till we find Digby Earl of Bristol, so much concerned in the late Negotiations in Spain, about Your lordship's humble servant, the Match, &c. on his return from thence, com- Whitehall, March 24, 1626. "CONWAY." mitted prisoner to the Tower. This Earl had The Earl of Bristol to the Lord Conway. been also examined by a Committee of lords, appointed by the king, touching those affairs; "My lord; I have received your Letter of and certain Propositions were made to him in the 24th of March, the 28th, and I am infiorder to his release, and composing the differ-nitely grieved to understand, that my former that private affections would too much prevail on him against the public. He was protected against the parliament, which for that only purpose was dissolved, after two Subsidies had been given, and before the kingdom received relief in any one Grievance, as is expressed in the first and general Remonstrance of this present parliament, where many other unhappy passages of those times are briefly touched,' answer to yours of the 4th of March hath not satisfied his majesty, which I will endeavour to do to the best of my understanding; and, to that end, shall answer to the particular points of your present letter with the greatest clearness I am able. First, Whereas you say in your letter, That the question propounded to me was plain and clear, viz. Whether I would chuse to sit still without being questioned for any errors passed in my negotiations in Spain, and enjoy the benefit of the late gracious par- his majesty's justice; to this point I answer, Hertford reported, "That it was necessary for their lordships humbly to beseech his majesty to send a writ of summons to the earl of Bris tol; as also to such other lords whose writs are stopped, except such as are made uncapable to sit there by judgment of parliament, or some other legal course." Hereupon the duke of Buckinghain signified to the house, That tioneth your lordships, That having been, for the space of two years, highly wronged in point of his liberty and of his honour, by many sinister aspersions which have been cast upon him, without being permitted to answer for himself; which hath been done by the power and industry of the duke of Buckinghamn, to keep him from the presence of his majesty and the parliament, lest he should discover many crimes upon the earl's Petition to the king, his majesty had sent him his writ of summons; and, withal, shewed the lords a copy of a letter, wrote from the king to the said earl, dated Jan, 20, 1625, the tenor of which followeth : "We have read your letter addressed unto us by Buckingham, and cannot but wonder that you should, through forgetfulness, make request to us of favour, as if you stood evenly capable of it, when you know what your beha-concerning the said duke :-He therefore most viour in Spain deserved of us, which you are to examine by the observations we made, and know you well remember; how, at our first coming in Spain, taking upon you to be so wise, as to foresee our intention to change our religion, you were so far from dissuading us, that you offered your advice and secresy to concur in it: and, in many other conferences, pressing to shew how convenient it was to be a Roman Catholic, it being impossible, in your opinion, to do any great action otherwise; and how much wrong, disadvantage, and disservice you did to the Treaty, and to the right and interest of our dear brother and sister, and their children; what disadvantage, inconvenience, and hazard you intangled us in by your artifices, putting off and delaying our return home; the great estimation you made of that state, and the low price you set this kingdom at; still maintaining, that we, under colour of friendship to Spain, did what was in our power against them, which they said you very well knew: And, last of all, your approving of those conditions, that our nephew should be brought up in the emperor's court; to which sir Walter Aston then said, That he durst not give his consent for fear of his head: Your replying unto him, That without some such great action, neither marriage nor peace could be had." There is no Answer to this Letter in the Journals; but, instead of it, we find another Petition from the Earl, addressed to the lords, on his receiving his writ of summons; to which he annexed the Lord Keeper's Letter and his Answer, and desired to be heard in Accusation of the Duke. The Humble Petition of John, Earl of Bristol. "Humbly shewing unto your lordships, That he hath lately received his writ of summons to parliament, for which he returned unto your lordships most humble thanks; but, jointly with it, a Letter from my Lord Keeper, commanding him, in his majesty's name, to forbear his personal attendance; and although he shall ever obey the least intimation of his majesty's pleasure, yet he most humbly offereth unto your lordships wise considerations, as too high a point for him, how far this may trench upon the liberty and safety of the peers, and the authority of their letters patents, to be in this -sort discharged by a letter missive of any subject, without the king's hand; and, for your lordships due information, he hath annexed a copy of the said Lord Keeper's Letter, and his Answer thereunto.-He further humbly per humbly beseecheth, That he may be heard, both in the point of his Wrong, and of his Accusation of the said duke: Wherein he will make it appear, how infinitely the said duke hath abused their majesties, the state, and both the houses of parliament. And this, he is most confident, will not be denied, since the court of parliament never refuseth to hear the poorest subject seeking for redress of wrongs, nor the accusation against any, be he never so powerful. And herein he beseecheth your lordships to mediate to his majesty for your suppliant's coming to the house, in such sort as you shall think fitting; assuring his majesty that all he shall say, shall not only tend to the service of his majesty and the state, but highly to the honour of his majesty's royal person, and of his princely virtues: and your suppliant shall ever pray for your lordships prosperity. BRISTOL." The Lord Keeper to the Earl of Bristol; dated Dorset-court, March 31, 1626. "My very good lord; By his majesty's com- The Earl of Bristol's Answer to the Lord "May it please your lordship; I have received your lordship's letter of the 31st of March, and with it, his majesty's writ of summons for the parliament. In the one his majesty commandeth me, that all excuses set aside, upon my faith and allegiance I fail not to come and attend his majesty; and this under the great seal of England. In the other, as in a letter missive, his majesty's pleasure is intimated by your lordship that my personal attendance should be forborn. I must crave leave ingenuously to confess unto your lordship that I want judgment rightly to direct myself in this case; as likewise, that I am ignorant how far this may tronch upon the privileges of the peers of this land, and upon mine and their |