Journal of the House of Lords: Volume 3, 1620-1628. Originally published by His Majesty's Stationery Office, London, 1767-1830.
This free content was digitised by double rekeying. All rights reserved.
Die Martis, videlicet, 2 die Maii,
Message from the King, concerning the E. of Bristol's Charge against the Duke of Buckingham.
"His Majesty takes Notice of the Articles exhibited against the Duke of Bucks by the Earl of Bristol. He observes that many of them are such as Himself is able to say more than any Man of His own Knowledge of the Duke's sincere Carriage in them; that one of them, namely, that touching the Declaration made in the Parliament of the One and Twentieth of King James, trencheth as far upon Himself as upon the Duke, for that His Majesty went as far in that Declaration as the Duke; and that all of them have been closed in the Earl's own Breast now Two Years, contrary to his Duty, if he had known any Crimes of such Nature by the Duke; that they are now vented by Way of Recrimination against him, whom he knows to be a principal Witness to prove His Majesties Charge. And therefore His Majesty commanded me to give you Thanks, that you gave no Way to that unreasonable Motion of the Earl of Bristol, to put the Duke under the same Restraint as you have put the Earl; thereby eschewing what the Earl aims at, to alter the dutiful Proceedings of this House, so often in this Parliament expressed to His Majesty. And hereby you have made His Majesty confident, that, as you have, so your Lordships will, put a Difference between His Majesties Charge against one that appears as a Delinquent, and the Recrimination of the Earl of Bristol against His Majesties Witness; and not to equal them by a Proceeding pari passu; not to match the Imprisonment of the one and the other, as the Earl of Bristol desired, the Ground being so different and unequal."
E. of Bristol impenches the Duke of Buckingham to the Commons also.
Intimation was also given to the House, That the Earl of Bristol, having accused the Duke of Buckingham here of High Treason, and delivered his Charge here against him, did, at the same Time, cause the same Charge to be delivered to the Commons also. And the Opinion of the House demanded, whether it were lawful or no.
Method of proceeding against the E. of Bristol debated.
The Lord Keeper put their Lordships in Mind of the Business of this Day; and thereupon a Motion being made, That the said Earl of Bristol might be indicted, according to the Statute of 35 Hen. VIII; and that, being certified hither, then to proceed against him here by Trial of his Peers; their Lordships did not resolve of that Manner of Proceeding.
Then the House was moved, That Mr. Attorney might proceed to provide an Indictment, to be returned hither on Saturday next; and, if he doubt of the Form, to confer thereof with the Judges; and, if any greater Difficulty appear, so that there shall be Cause to resort to their Lordships, then their Lordships to be acquainted with it.
And it was Ordered, Mr. Attorney to proceed with the Preparation; but the House not to be concluded till their next Meeting on Thursday; and a Subcommittee for Privileges to search for Precedents in the mean Time.