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cern that to be a crime, which they had yet compounded with; and it was believed, that 'never declared to be so.' The undeniable the Attorney himself was much shaken with: reasons of his Defence (against which nothing the torrent of malice and prejudice, which the was replied, but the inconvenience and mis-House of Commons seemed now to threaten chief, which would attend a parliament, if him with; conceiving, that he and his office 'the members might be accused of high trea- now triumphed over the whole body, and not 'son without their consent') prevailed so far over six Members only: and therefore, after with the major part of the House of Peers, some days, the House of Peers considering, though the prosecution was carried on with all that his discharge was but negative, that he imaginable sharpness, and vehemence, by the should not be punished in this and that degree; House of Commons, and entertained by those and that he had no absolution from the crimes, peers, who were of that party, as a matter of with which he was charged," proceeded to a vast concernment to all their hopes, that the new judgment (contrary to all course and pracQuestions being put, whether he should be de- tice of parliament, or any other judicial court) prived of his place of Attorney? whether he and complying with all their other votes, resolvshould be fined to the king? whether he shoulded by way of judgment upon him, "that he pay damages to the persons accused? and whe- should be disabled from ever being a parliament ther be should be committed to the Tower? man; incapable of any place of judicature, or which were the several parts of the Sentence, other preferment, than of Attorney General;" which many of the Lords had pressed he should which they could not deprive him of, by reason undergo, the Negative prevailed in every one of the former Vote: and "that he should be of the particulars; so that the Attorney was committed to the prison of the Fleet:" Which understood by all men who understood the Sentence was with all formality pronounced rules and practice of parliament, to be abso- against him, and he committed to the Fleet lutely absolved from that Charge and Impeach- accordingly with which sentence the Comment, by the Judgment of the House of Peers. mons were no more satisfied than with the "The House of Commons expressed all possi- former; some of them looking that their fable resentment, and declared that they would vourite, the Solicitor, should have the place of 'not rest satisfied with the Judgment;' and Attorney; others, that the accused Members some Lords, even of those who had acquitted should receive ample damages by way of reparahim, were very desirous to find out an expedition; without which they could not think thement, whereby the House of Commons might be selves secure from the like attempts."

162. Impeachment of GEORGE Lord DIGBY,* eldest Son of the Earl of BRISTOL, for High Treason: 17 CHARLES I. a. D. 1642. [4 Rushw. Coll. 554. 2 Cobb. Parl. Hist. 1103.]

IN the month of February, 1642, a packet of Letters from lord Digby being intercepted, directed to secretary Nicholas, was ordered to be opened; but one of them being directed to

"The lord Digby," says Clarendon, 66 was a man of very extraordinary parts by nature and art, and had surely as good and excellent an education as any man of that age in any country: a graceful and beautiful person; of great eloquence and becomingness in his disCourse (save that sometimes he seemed a little affected) and of so universal a knowledge, that he never wanted subject for a discourse: He was equal to a very good part in the greatest affairs, but the unfittest man alive to conduct them, having an ambition, and vanity superior to all his other parts, and a confidence in himself, which sometimes intoxicated, and transported, and exposed him. He had from his youth, by the disobligations his family had undergone from the duke of Buckingham, and the great men who succeeded him, and some sharp reprehension himself had met with, which obliged him to a country life, contracted a prejudice and ill will to the court; and so had in the beginning of the parliament, engaged him

the Queen, the Lords disputed the opening of it, and sent to know the opinion of the Commons about it. They returned for Answer, That they had voted it should be opened; on self with that party which discovered most aversion from it, with a passion and animosity equal to theirs, and therefore very acceptable to them. But when he was weary of their violent counsels, and withdrew himself from them with some circumstances which enough provoked them, and made a reconciliation, and mutual confidence in each other for the future, manifestly impossible amongst them; he made private and secret offers of his service to the king, to whom in so general a defection of his servants, it could not but be very agreeable; and so his majesty being satisfied both in the discoveries he made of what had passed, and in his professions for the future, removed him from the house,of commons, where he bad rendered himself marvellously ungracious, and called him by writ to the house of peers, where he did visibly advance the king's service, and quickly rendered himself grateful to all those who had not thought too well of him before, when he deserved less; and men were not

which the Lords, conceiving this affair to be a thing of great consequence, desired a Conference; the Report of which was, "That the Commons said, they saw no reason to alter their Vote; 1. Because it concerned the safety of the kingdom; for, by this means, the evil spirit and counsels of the lord Digby might be discovered and prevented. 2. If this Letter be delivered to the Queen unopened, the Parliament will be put to a deal of trouble to discover what is presented to her majesty in these letters. 3. Since, of late, they had very good reason to suspect the lord Digby as an ill instrument, they conceive they ought not to lose so happy an occasion offered to do the state service; which, if neglected, they shall not be

able to answer."

On this, a great debate arose in the Lords, but at last, it was ordered, That the Letters should be opened.

February 15.

Mr. Glynn reported to the Commons, the Resolutions of a Committee, appointed to consider how Evil Counsellors might be found out and removed from the King, as follows: "1. That all Privy-Counsellors and Great Officers of State may be removed for the present, excepting such as have offices by inheritance. 2. That his majesty shall be humbly desired that he will be pleased to receive only such, to be Counsellors and Great Officers of State, as shall be recommended unto him by the humble advice of both houses of parliament. 3. That such of the said Counsellors and Great Officers, whose names shall be presented by both houses, shall not have access to the persons or courts of the king and queen's majesty. 4. That Mr.

only pleased with the assistance he gave upon all debates, by his judgment and vivacity, but looked upon him, as one who could derive the king's pleasure to them, and make a lively representation of their good demeanor to the king, which he was very luxuriant in promising to do, and officious enough in doing as much as was just."

Wm. Murray, of the bed-chamber, is thought fit to be removed from the persons and courts of the king and queen, as one that is conceived to give dangerous counsel." In like manner, Mr. Porter, the lord Digby, Mr. Win. Crofts, and sir John Winter, Secretary to the Queen, were excepted against.

February 17.

A Message came from the King, this day, to the Lords, which was read in these words: consort, the Queen, bath thought fit to acquaint "His majesty, at the earnest desire of his the Parliament, that she understanding a Letter, addressed to herself, had been opened by them, and remains in their custody, desired that a transcript of it might be speedily sent should desire to be further satisfied from her, of her; and declares, That if the Parliament any particulars mentioned in that Letter, or any circumstances concerning the same, so far forth as may any ways relate unto or reflect upon her person, or any whatsoever concerning her, she is ready and very willing to give them due satisfaction therein."

the Commons; but, this not contenting that A copy of this Message was dispatched to house, they desired to see the original Message,

which was sent them.

February 19.

The Commons sent up Mr. Pym, with an Answer to the King's last Message about the lord Digby's Letters, with the copies of them, and desired their lordships concurrence in it it was to this effect:

"Most Gracious Sovereign; Your majesty's most loyal and faithful subjects, the Lords and Commons in Parliament, have received your Message of the 17th instant, sent at the instance of the Queen; and, upon consideration thereof, we find, to our great joy and content, clear expressions of grace and favour from both your majesties, for which we return you our most humble thanks; and have herewithal sent the transcript of that Letter required by your ma jesty, as, likewise, of two other Letters directed to Mr. Secretary Nicholas and sir Lewis Dives; He had been member in this parliament for all which were brought to us, under one cover, the county of Dorset, but having given great directed to Mr. Secretary, with information offence to the commons by his conduct respect- that they were written by the lord Digby; who ing the earl of Stratford, and particularly by being a person fled from the justice of Parlia the celebrated Speech which he made against ment, and one who had given many evidences that measure, he was shortly afterwards called of his disaffection to it, we conceived it neces up to the house of peers by writ, in the lifetime sary to open the two latter; and finding sundry of bis father. It has been said, that he was expressions in them full of asperity and maligexpelled the house of commons the same day,nity to the Parliament, we thought it very prosee 2 Cobb. Parl. Hist. 749, 822. For other particulars, see Clarendon's Hist, of the Rebellion, vol. 2, p. 359, 360, 383, 331, 704, et seq. Of this Impeachment lord Clarendon says, "It may be, posterity may look upon the severe prosecution of a young nobleman of admirable parts, and eminent hopes, in so implacable a manner, as a most pertinent instance of the tyranny, and injustice of that time, not possible to end, but in so much wickedness as hath since been practised."

bable the like might be contained in the Letter to her majesty; and that it would be disho nourable for her and dangerous to the kingdom if it should not be opened; wherein we were no wit deceived, as your majesty may well perccive by the contents of it. And although we cannot but be very sensible of the great dishonour therein done to your majesties, and the malicious endeavours of fomenting and increasing the jealousies betwixt your majesty and your people; yet we are far from reflecting any

vice, it would have been impossible for ine to have gotten away at any other time.-I am now here at Middleborough, at the Golden Fleece upon the Market, at one George Pe

thing on the Queen, or expecting any satisfac-Pennington's forwardness in the king's sertion from her majesty, but impute all to the bold and envenomed spirit of the man. Only we most earnestly beseech your majesty to persuade the Queen, That she will not vouchsafe any countenance to, or correspondence with,terson's house, where I will remain till I rethe lord Digby, or any other of the fugitives or traitors; whose offences now depend under the Examination and Judgment of Parliament; which we assure ourselves, will be very effectual to further the removal of all jealousies and discontents betwixt your majesty and your people, and the settling of the great affairs of your majesty and the kingdom in an assured state and condition of honour, safety, and pros-self; God knows I have not a thought toperity."

The Lords agreed to this Message, and ordered it to be presented to the King.

The LETTER from the Lord DIGBY to the
QUEEN herein mentioned, was as followeth :

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ceive from you advertisement of the state of things, and likewise instructions from their majesties, which I desire you to hasten unto " me by some safe hand, and withal to send 'unto me a cypher, whereby we may write 'unto one another surely. If you knew how easy a passage it were, you would offer the king to come over for some few days your

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'wards my country to make me blush, much 'less criminal, but where traitors have so great a sway, the honestest thoughts may prove most treasonable. Let Dick Shirley be dis'patcht hither speedily with such black cloaths ' and linen as I have, and let your letters be 'directed to the baron of Sherburn, for by that ' name I live unknown, let care be taken for bills of exchange. Yours, &c.

Middleborough, Jan. 20, 1641.'

February 22.

Madam; I shall not adventure to write 'unto your majesty with freedom but by ex'press, till such time that I have a cypher, 'which I beseech your majesty to vouchsafe me. At this time therefore I shall only let 'your majesty know, where the humblest and most faithful servant you have in the world High Treason against George lord Digby, deThe Commons sent up an Impeachment of 'is here at Middleborough, where I shall resiring their lordships to prefix some short time 'main in the privatest way I can, till I refor him to come and appear, before which 'ceive instruction how to serve the king and your majesty in these parts, if the king be-time the Commons would be ready to come up 'take himself to a safe place, where he may to make good their charge against him. Upon avow and protect his servants from rage (this the Lords ordered out a Proclamation, mean) and violence (for from justice I will through England-and Wales, for the lord Digby never implore it) I shall then live in impa- days after date, on pain of conviction. to appear and answer to this charge, within 15 tience and in misery till I wait upon you: But if after all he hath done of late, he shall betake himself to the easiest and compliantest ways of accommodation, I am confident that then I shall serve him more by my absence than by all my industry; and it will be a comfort to me in all calamities, if I cannot serve you by my actions, that I may do it in some kind by my sufferings for your sake, having, I protest to God, no measure of hap<piness or misfortune in this world, but what I <derive from your majesty's value of my affection and fidelity.-Middleborough, Jan. 21,

.1641.'

Lord Digby's LETTER to Sir Lewis Dives. 'Dear brother; I hope you will have re'ceived the letter which I wrote unto you from 'aboard sir John Pennington, wherein I gave 'you account of the accident of O'Neal's man, and why I thought fitting to continue my journey into Holland; going still upon this ground, that if things go on by way of accom'modation, by my absence the king will be advantaged. If the king declare himself and retire to a safe place, I shall be able to wait upon him from hence, as well as out of any part of England, over and above the service I may do him here in the mean time. Besides that, I found all the ports so strict, that • if I had not taken this opportunity of sir John

February 26.

The Commons, at a Conference this day, exhibited the following Articles against lord Digby, which were sent up by sir John Evelyn : ARTICLES OF IMPEACHMENT against GEORGE Lord DIGBY, by the Commons in this present Parliament assembled, in maintenance of their Accusation, whereby he standeth charged with High Treason, in their name, and in the names of all the Commons of England.

I. That the said George lord Digby, in or about the month of January, 1641, maliciously and traiterously endeavoured to persuade the king's majesty to levy Forces against his majes ty's liege subjects within this kingdom; and the said George lord Digby did, in or about the same month, actually levy forces within the realm, to the terror of his majesty's subjects.

II. That the said George lord Digby, in and about the said month of January, and at other times, falsly, maliciously, and traiterously, laboured to raise a jealousy and dissension between the king and his eople, and to possess his majesty that he could not live with safety of his person amongst them; and did there upon traiterously endeavour to persuade s majesty to betake himself to some place of strength for his defence.

Commons, they observed him to appear much for his country till he had dived into the secrets of that house; and then he quickly fell into ill discourses and bitter railings against that house; as in a Speech of his touching the earl of Strafford, wherein the Commons, your lordships, and the king, were involved in murder: Being questioned for it, he fled from that house, and came to yours, where we found him in the same way; there he said, This was no free parliament: Not long after, followed that high breach of parliament, in which time he was observed to be a diligent attendant on the courts of the king and queen: After that Plot discovered, and the king retired to Hampton Court, there we found him tampering with the Soldiers, say

III. That the said George lord Digby, in or | about the same month of January, and at other times, did maliciously and traiterously endea vour to stir up jealousies and dissensions between the king and his parliament; and, to that end and purpose, did, the same month of January, wickedly advise the framing of certain false and scandalous Articles of High Treason, against the lord Kimbolton, Denzil Hollis, esq. sir Arthur Haslerig, bart. John Hampden, John Pym, and William Strode, esquires, and did persuade his majesty, accompanied with divers soldiers and others, in warlike manner, to come in person into the house of commons sitting in parliament, to demand the said members of the said house, to the apparent endangering of his majesty's person, and the high vio-ing, The king went out of town but to save them lation of the privileges and being of parliaments. All which matters were done by the said George lord Digby, traiterously and wickedly to alienate the hearts of his majesty's liege people from his majesty, and set division between them, and stir up war within this kingdom.-For which the said Commons do impeach him the said George lord Digby of High Treason; and the said commons, by protestation, saving to themselves the liberty of exhibiting at any time hereafter any other Accusation or Impeachment against the said George lord Digby, and also of replying to the Answer which he shall make to the said Articles, or any of them, or of offering proof of the premises, or any of them, or of any other impeachment or accusation that shall be exhibited by them, as the case shall, according to the course of par-secution, as a pertinent instance of the tyranny liament, require; do pray that the said George lord Digby may be put to answer all and every the premises, in the presence of the commons; and that such proceedings, examinations, trial, judgments, and executions, may be upon every of them had and used, as is agreeable to law and justice.

In support of this Accusation,

from being trampled in the dirt; and, by offer ing all strong obligations to the soldiers for doing the worst service that ever was done to a king, scelere tegendum scelus.-After this, he endeavoured to list men; getting names, offering himself and all he could for that purpose; ton, with a coach and six horses, which was construed into a warlike appearance. On this occasion he drew up "The Lord George Digbie's Apologie for Himselfe. Printed at Ox. ford, and published the fourth of January, A. D. 1642:" a quarto tract; written with ingenuous plainness and apparent veracity; and he was accused of high treason by the parliament, upon pretence of levying war at Kingston upon Thames. Lord Clarendon mentions this pro

and injustice of those times. Finding what umbrage he had given to the parliament, he obtained leave to transport himself into Holland. In a secret expedition afterwards to the king, he was taken by one of the parliament's ships, and carried into Hull, but by artful management of the governor, brought himself off. In 1643 he was made one of the secretaries of state and high steward of the uni

Sir John Evelyn said, That this is a heavy Ac-versity of Oxford. In 1645 he was constituted cusation, and such a one as needs no aggravation, but pity, that a noble gentleman, as he was, should fall into so foul a crime, as to study the destruction of his country. In the House of

"This nobleman was the eldest son of John, earl of Bristol, and was born at Madrid in 1612, ing his father's first embassy into Spain. He entered of Magdalen college, Oxford, in 5, and lived in great familiarity with the -known Peter Heylin, a fellow of that house. soon became distinguished by his remarka? advancement in all kinds of literature, and s created master of arts in 1636. In the bening of the long parliament he was disaffected to the court; in a short time afterwards, he appeared as a declared enemy to the parliament, and having testified his dislike of their proceedings against lord Strafford, he was expelled the house of commons in June 1641. In e following year he went on a message from Carles the first to certain gentlemen at Kings

lieutenant-general of the king's forces north of Trent; he afterwards went over to Ireland, and exposed himself to many hazards in the royal cause. Upon the death of the king, he was exempted from pardon by the parliament, and obliged to live in exile, till the restoration of Charles the second, when he recovered all he had lost, and was made a knight of the garter; after which he grew very active in public affairs, spoke frequently in parliament, and made hin self conspicuous for his enmity to lord Clarendon while he was chancellor; though the earl of Bristol's history and character have been drawn at considerable length in the Clarendon State Papers, with every appearance of impartiality, and with consummate skilfulness. After a life, says the Biog. Dram. which at different periods commanded the respect and the contempt of mankind, lord Bristol died, neither loved nor regretted by any party, in 1676." See Walpole's Noble Authors, Park's edition, vol. 5, p. 193.

the particulars whereof they will make by proof | jealousies between king and people, deserveth to appear unto your lordships.-That nobleness and honour, that hath prompted your lordships so long to stand in the gap for the good of the state, will easily suggest what he deserveth that would destroy it. He that will not omit to lay

ill: But he that will foster them, and nourish them, the state will spew him out; they cannot digest him. He concluded, they would by Proof shortly make good the Articles now exhibited to your lordships.

163. Impeachment of Mr. GEORGE BENYON, Citizen of London, for contriving a Petition against the Ordinance for the Militia:* 18 CHARLES I. A. D. 1642. [Journals of both Houses. 2 Cobb. Parl. Hist. 1149.]

March 31, 1642.

AT a Conference, the Commons exhibited to the Lords the following Articles of Impeachment against George Benyon, citizen of London, for several High Crimes and Misdemeanors: "ARTICLES OF IMPEACHMENT of GEORGE BENYON, of London, Silkman, by the Commons assembled in Parliament, on the behalf of themselves and of all the Commons of England, of High Crimes and Misdemeanors by him committed, as followeth: "Whereas, upon due and serious consideration of the imminent dangers and present dis

Lord Clarendon gives the following account, of the passing of this Ordinance:

"The same day [Feb. 14, 1641-2] on which those two Acts (that for taking away the Votes of Bishops in the House of Lords, or, as it was called, for taking away all Temporal Jurisdiction, from those in Holy Orders, and that about Pressing, as to which latter see 2 Clar. Hist. 326) were by his majesty's Commission passed, and as soon as a very short Message of Thanks for that favour, as much importing the safety of both kingdoms, of England and Ireland, was consented to, an Ordinance for the settling the Militia was agreed on by both houses, and, together with a List of the names of such persons, as for the present they meant to contide in, was immediately sent to the king for his approbation: the which, being the most avowed foundation of all the miseries that have followed, will be here necessary to be inserted in the very terms and form it was agreed upon, and presented; and was as followeth:

'An Ordinance of both Houses of Parliament 'for the ordering of the Militia of the King'dom of England, and Dominion of Wales. 'Whereas there hath been of late a most dangerous and desperate design upon the "House of Commons, which we have just cause to believe to be the effect of the bloody 'Counsels of the Papists, and other ill affected 'persons, who have already raised a Rebellion in the kingdom of Ireland, and, by reason of many discourses, we cannot but 'fear they will proceed, not only to stir up 'the like rebellion, and insurrection in this

tractions of this kingdom, by means of the Rebellion in Ireland, and of divers hostile preparations and malicious practices both of foreign and domestic enemies, against the peace and safety of this kingdom; an Ordinance of Parliament was thought fit, and agreed upon by. both houses of parliament, to be presented to. his majesty, for his royal assent thereunto, for the speedy settling of the Militia of this kingdom in safe hands, and particularly that of the city of London (being of so high importance), in the hands of such persons as were agreed upon by the lord mayor, aldermen, and common council of the same city, by and with the approbation of both houses of parliament; the

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kingdom of England, but also to back them 'with forces from abroad; for the safety there'fore of his majesty's person, the parliament, and kingdom, in this time of imminent danger, It is ordained by the king, the lords, and commons, now in parliament assembled, That shall have power to assemble, and call together all and singular his majesty's .subjects within the county of as well within liberties, as without, that are meet and fit for the wars, and them to train, exercise, and put in readiness, and them, after their abilities, and faculties, well and sufficiently, from time to time, to cause to be arrayed, and weaponed, and to take the muster of them in places most fit for that purpose.

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'command of the said

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shall have power within the said county to nominate and appoint such persons of quality, as to him shall seem meet, to be his de'puty lieutenants to be approved of by both houses of parliament: and that any one, or 'more of the said deputies, so assigned and approved of, shall in the absence, or by the have power and authority to do and execute within the county of all such powers and authorities before in this present ordinance contained; and shall have power to make colonels, and captains, and other officers, and to remove out of their places, and to make others from time to time, as he shall think fit for that purpose. And his deputies, colonels,

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and captains, and other officers, shall have 'further power and authority to lead, conduct and imploy, the persons aforesaid arrayed, and weaponed, as well within the county of

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