Journal of the House of Lords: Volume 3, 1620-1628. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Mercurii, videlicet, 24 die Martii,
Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:
p. Carolus Princeps Walliæ, etc.
Confirmation of Wadham College, Oxford.
THE Lord Archbishop of Cant. reported the Bill, An Act for Confirmation of Wadham College, in Oxford, and the Possessions thereof, as fit to pass, without any Amendment.
Hodie 3a vice lecta est Billa eadem; and, being put to the Question, was generally Assented unto, and so Expedited.
To explain Part of an Act for Discovery of Popish Recusants.
The Lord Archbishop of Cant. also reported the Bill, An Act for the Explanation of a Branch of the Statute, made in the Third Year of the King's Majesty's Reign of England, intituled, An Act for the better discovering and repressing of Popish Recusants, as fit to pass, without any Amendment.
Hodie 3a vice lecta est Billa prædicta; and, being put to the Question, was Assented unto, and so Expedited.
Duke of Buckingham's Justification, concerning the King of Spain, reported.
The Lord Keeper reported the Justification of the Duke of Buckingham, by both Houses, on Sunday last, unto the King (according to the Order of the Seven and Twentieth of February and the First of March), on this Manner: videlicet,
That, when both the Houses of Parliament were admitted to His Majesty's Presence, on Sunday last, the 21st of this March, his Lordship spake as followeth:
"May it please Your most Excellent Majesty,
"Your Majesty's most loyal Subjects, the Lords, Knights, Citizens, and Burgesses, assembled at this Time in both the Houses of Parliament, being informed of a Complaint made unto Your most Excellent Majesty against the Lord Duke of Buckingham, that, in the Narrative, which, by Your Majesty's Command, he made unto both the Houses the 24th of February last past, he should let fall some Passages grievous unto the Honour of the King of Spaine, and (fn. 1) asserted to be of so high a Nature, as, if the like had been uttered by any Subject of that King against Your Majesty, it could not have been otherwise expiated than with the Loss of his Head that spake it; taking this into their mature Consideration, and conceiving that this Accusation doth (in an oblique Line) fasten an Aspersion upon themselves also; do, in all Submission and Humility, make unto Your Majesty a Threefold Representation:
"First, concerning that Great King; the Second, concerning that eminent Lord; and the Third, concerning themselves.
"For the First, that concerns that King, they do, with an unanimous Vote of both the Houses, absolutely acquit and clear my Lord the Duke from letting fall any Words at all derogatory to the Honour of that King.
"For the Second, that concerns my Lord, they do, in the like Humility, attest unto Your most Sacred Ma jesty, that, if my Lord the Duke had omitted any Matter represented unto them that Day, he had for so much failed in the Performance of that Duty and Fidelity which he owed unto Your Majesty, unto the Business, and unto both the Houses.
"For the last, which concerns themselves, they make bold, in the like Humility, to represent unto Your Majesty, that they do much honour my Lord the Duke for that Narration, and do render unto him all possible Thanks for the Fidelity and Industry expressed therein.
"And so, without Your further Trouble, do humbly beseech Your most Excellent Majesty to interpret fairly this their Representation, which they held themselves bound to offer unto Your Majesty, for the clearing of so eminent a Person, who (as they verily believe) hath, in this Negotiation, so well deserved of Your Majesty and the Commonwealth. And so they heartily pray unto God, long to preserve Your most Excellent Majesty."
This ended, the Lord Keeper proceeded thus in his Report: videlicet,
"Now, my Lords, concerning His Majesty's Speech, it is not (fn. 2) to be expressed, or reported, because it is a Speech of Affection as well as of Narration, not possibly to be uttered but in the same Words it was delivered; and therefore, unless a Man had Myron's Art, qui animos bominum depinxisse dicitur, who could paint to the Life the Souls and Affections of Men, he cannot do this as it should be done; for, as Livy said of Cicero, ad laudandum Ciceronem, Cicerone laudatore opus est; that he had need be another Cicero, that will undertake the commending of Cicero; so surely had he need have as large an Heart as our Gracious King, that will report the powerful and affectionate Expressions of so Gracious a King.
"I will therefore crave Pardon of the House, to deliver it in Writing, very near the Words and Syllables it was pronounced in, and first to be Once or Twice (if your Lordships please) read unto the House, and then to be entered into the Journal Book, as a Record of no small Comfort and Consequence to the Public. For I may say without Flattery, from the which (for aught I know) I have been ever freed, that such Servants as this is, sunt instrumenta boni seculi, are Tools and Instruments to carve out a brave and a happy World unto ensuing Posterity, as Symmachus writes in one of his Epistles."
This said, the Lord Keeper read His Majesty's Speech out of a Paper, in hæc verba:
His Majesty's Answer, touching the Duke of Buckingham.
"My Lords and Gentlemen all,
"I might have Reason to speak nothing in regard of the Person whereof you speak; but, in regard of your Motion, it were not civil. For, if I be silent, I shall wrong neither Myself, nor that Nobleman which you now speak of, because he is well known to be such a one, as stands in no Need either of a Prolocutor, or Fidejussor, to undertake for his Fidelity or Well-carriage of a Business; and indeed, to send a Man upon so great an Errand whom I was not resolved to trust for the Carriage thereof, were a Fault in My Discretion, scarce compatible with the Love and Trust I bear him.
"It is an old and true Saying, That he is a happy Man that serves a good Master; and it is no less Truth, that he is a happy Master that enjoys a faithful Servant.
"The greatest Fault, if it be a Fault, or at leastwise the greatest Error, I hope, he shall ever commit against Me, was, his desiring this Justification from you, as if he should require any Justification from others towards Me, and that for these Reasons:
"First, because, he being My Disciple and Scholar, he may be assured that I will trust his own Relation.
"Secondly, because he made the same Relation unto Me which he did afterwards unto both the Houses, so as I was formerly acquainted both with the Matter and the Manner thereof; and, if I should not trust him in the Carriage, I were altogether unworthy of such a Servant. He hath no Interest of his own in the Business; he had ill Will at Home for his going thither with My Son, although it was My Command, as I told you before in My public Speech in Parliament; and now he hath as little Thanks for his Relation on the other Part; yet he that serves God and a good Master, cannot miscarry for all this. I have noted in his Negotiation these Three remarkable Things, Faith, Diligence, and Discretion; whereof My Son hath borne Record unto Me; yet I cannot deny, but, as he thought to do good Service to his Master, he hath given ill Example to Ambassadors in Time to come, because he went this long Journey upon his own Charges; this would prove an ill Example, if many of My Ambassadors should take it for their Precedent.
"He ran his Head into the Yoke with the People here for undertaking the Journey; and, when he had there spent above Forty or Fifty Thousand Pounds, never offered his Accompts, nor made any Demand for the same, nor ever will: I hope other Ambassadors will do so no more.
"I am a good Master, that never doubted of him; for I know him to be so good a Scholar of Mine, that I may say, without Vauntry, he will not exceed his Master's Dictate; and I trust the Report not the worse which he made, because it is approved by you all; yet I believe an honest Man as much as all the World, and the rather because he was a Disciple of Mine; and I am glad he hath so well satisfied you; and I thank you very heartily for taking it in so good Part as I find you have done."
This was read also by the Clerk; and their Lordships Ordered the same to be entered into the Journal Book.
The Duke of Buckingham gave unto the Lords hearty Thanks for this great Favour which they had done him; and professed unto their Lordships, "That they had absolutely engaged him, for the Time to come, to employ all the Power and Favour which he had in His Majesty's Service for the public Good of the Kingdom, and the Service of every one of their Lordships in particular, who should have Occasion to make Use of him. Concerning his Journey to Spaine, it did not cost him so much as His Majesty was pleased to name; but that, whatsoever it was, he might very well expend it in His Majesty's Service, being but the Produce of His Majesty's Bounty and Goodness towards him; and, if His Majesty should extend His Liberality to any one of His Ambassadors in so large a Proportion, they should remain very unthankful if they did not so much for His Majesty as he had done."
Bill of Grace for Wales.
It is Agreed, upon the Motion of the Lord Privy Seal, That, at the next Access, a Conference be demanded, between the Committees of both Houses, touching the Bill of Grace for the Principality of Wales.
The Duke of Buckingham declared, That His Majesty's Intent is, to send a present Dispatch into Spainc, to break off the Two Treaties of the Match and the Palatinate (as is required by the Parliament), with the Reasons moving thereunto. And it is Agreed by the Lords, That this shall be declared to the Commons.
Message to the House of Commons, to acquaint them that the King
Message sent to the Commons, by Mr. Attorney General and Mr. Serjeant Finch: That their Lordships desire a present Conference, in the Painted Chamber,
Intends a Breach with Spain.
between the former Committees of both Houses, touching His Majesty's Declaration Yesterday at Whitehall; to the End that a Report thereof might be made unto each House; and that, at this Conference, some further Matter shall be declared unto them touching the same.
Answered: That they will attend this Conference accordingly.
Spanish Ambassador's Serjeants ill treated.
The Duke of Buckingham signified unto the Lords, That Yesterday, the People making Bonefires for Joy of the King's Declaration to break off the Two Treaties, and some of the Servants of the Spanish Ambassador looking out at them, they were uncivilly used; whereupon his Grace moved their Lordships to take this into their Consideration, and to redress this Wrong done to a Foreign Ambassador; and the Lord Archbishop of Cant. moved, That Order be taken, that no Speeches be uttered in the Pulpit, by any Preacher, in Disgrace of that King or His Ambassadors.
The House well approved of his Grace's Motion; and Agreed, That, if they could (by a strict Inquiry, which they intend to make) find out the Offenders herein, they would cause them to be punished, according to the King's late Proclamation, forbidding any Abuses to be offered to Ambassadors; and their Lordships further Agreed, That this shall be signified unto the Commons at this Conference, to the End that they may take the same also into their Consideration.
The Lords went to the Conference.
Report from the Conference.
Being returned, The Lord Archbishop of Cant. reported the Agreement of the Two Committees to appoint a Sub-committee of each House, to draw up His Majesty's Declaration; and then, the same being first perused and approved by the Committees, to be reported unto each House. Whereunto their Lordships Agreed.
His Grace also reported, That they had signified unto the Commons His Majesty's Intention to send a present Dispatch into Spaine, touching the Dissolution of the Two Treaties; and also of the Care their Lordships had taken to punish and prevent any Wrongs, or uncivil Usages, of Foreign Ambassadors: And that the Commons will relate the same to their House.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in pomeridianum hujus diei, hora 2a, Dominis sic decernentibus.
Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:
p. Carolus Princeps Walliæ, etc.
Committee for Munitions, &c.
THE Lords Committees for Munition (at the Prince's Motion) are to meet at such Time as shall be appointed by the House, at the Access to Parliament after Easter.
Alsop's Submission to his Judgement.
Bernard Alsop, the Printer of Morley's Petition, was brought to the Bar; and his Petition, wherein he confessed his Fault, being read, he humbly submitted himself to the Sentence of the Court, acknowledging the same to be just and honourable; and prayed Mercy and Forgiveness of their Lordships, and of the Lord Keeper; and so, with an Admonidon not to print any Petition hereafter, he was pardoned, and discharged out of Prison, but was commanded to attend, and make the like Submission and Acknowledgement, in the Star Chamber, at the next Star Chamber Day.
Poor Man's Box.
Ordered, That the Sub-committees for Privileges, &c. shall dispose of the Money in the Poor Man's Box; and their Lordships did withdraw themselves, and distributed the same; Part to the Poor of St. Margarett's Parish here in Westm. and the rest to divers Prisons here and in London.
Hodie 1a vice lecta est Billa, An Act for the establishing of the Lands of John Starkey, late of Darley, in the County of Chester, Esquire, deceased, in Ralfe Starkey, his eldest Son, and his Heirs.
For Relief of Tenants of Crown Lands.
Hodie 1a vice lecta est Billa, An Act for the Relief of Patentees, Tenants, and Farmers of Crown Lands and Dutchy Lands, or of Lands within the Survey of the Court of Wards and Liveries, in Cases of Forfeiture, for Not-payment of their Rents, or other Service or Duty.
Hodie 1a vice lecta est Billa, An Act for the Naturalizing of Joos Godschalke, of St. Gabriell Fanchurch, London.
Message to the House of Commons, touching the Report of the King's Declaration.
Message to the House of Commons, by That their Lordships are of Opinion, not to make Report of His Majesty's Speech until His Majesty hath first viewed it; nor think it fit to make a Recess until the same be reported, which now cannot be done, for that His Majesty is in His Bed, and asleep, as their Lordships understand by a Member of their own, lately returned from the Court; and therefore they purpose (if the Conveniency of their House will so stand with it) to sit again To-morrow Morning, and then to report the same.
Answered: The same Reason that hath moved their Lordships to sit To-morrow Morning shall move, and hath moved, them to sit then also; and they will sit accordingly.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, 25m diem instantis Martii, hora nona, Dominis sic decernentibus.