forbear to press the matter concerning those gentlemen; affirming, that it would be an acceptable service, and would do him good.

duke of Richmond shall come to his place, and make an humble Submission and acknowledgment that he hath offended the house in speaking these Words inconsiderately and unadvis-Which last words Mr. Perd construed to edly; and that he had no intention to have the mean, that the King and Queen would take House adjourned for six months, and that he notice of it as an acceptable service. This he craves their lordships pardon for it?" It was would not say positively, but he believed it, resolved in the affirmative. &c. 3. That, by a copy of a Record * then in their house, it did appear, that the duke of Richmond did, on the 26th of January instant, desire that the question might be put for the adjournment of the house of lords for six

Against which the following Protest was entered: "That, in respect the words spoken by the duke of Richmond tended much to the prejudice of the king and kingdom, we do protest against this vote, as not sufficient punish-months. ment for words of that dangerous consequence: Northamberland, lord Admiral; Bedford, Essex, Pembroke, Suffolk, Lincoln, Leicester, Warwick, Holland, Bolingbroke, Stamford, Conway, Wharton, Paget, Hunsden, Chandois, St. John, Spencer, Kymbolton, Brooke, Grey de Werk, Roberts, Howard de Escrick, Willoughby de Parham.”

Then the Duke was called in, and, standing in his place, made this Acknowledgment: That he doth, with all humility, acknowledge his great offence in speaking of Words concerning an Adjournment for Six Months, which he confesseth to have uttered unadvisedly and inconsiderately; but professeth 'he did not intend or mean that any such ad'journment should be; and craves the Pardon of the house for his offence therein."*

"That Mr. Glynn said, He was commanded by the House of Commons to acquaint their lordships with what Information had been given to them about the said Duke. 1. That he did write unto the town of Hithe, to chuse one captain Wimberley to serve for one of the barons there in this Parliament, but he was not chosen. A Letter was produced, wrote by one of the Duke's officers, said to be by his grace's direction, to prove this: as also, another to captain Collins, deputy lieutenant, directed to the mayor and jurats of Hithe, for the return of the said election. 2. Mr. Perd, a member of the house of commons, informed that house, That whilst the affair of Mr. Percy and Mr. Jermyn were before the house, and before their offences were declared High Treason, one Mr. Scroop, the duke's steward, came to him, and, in his master's name, desired Mr. Perd to

• Lord Clarendon says, "The motion for the adjournment was made by some of the Protesting Lords, who were not willing the matter of the Militia should then come into debate."

"Upon the whole, the house of commons passed this vote, That they had sufficient cause to accuse the duke of Richmond as one of the Malignant Party, and an Evil Counsellor to the king, for these Reasons: 1. That he endeavoured to have such Members chosen as he should name; and his way of menacing afterwards shews an intention to overthrow the Freedom of Election, and making a party in Parliament. 2. That he endeavoured to corrupt the Members of the House of Commons after they were elected, even in matters of the highest nature; for support of the Delinquents that were in question for endeavouring to bring the army upon the parliament. 3. The motion made in the house, if effected, would certainly be the løss of Ireland, and hazard the ruin of this kingdom; there being distractions at home, and imminent danger in Ireland, and no way to help both but by parliament; which, if it had been adjourned, in consequence that necessary and good act, for the continuance of this parliament, would have been ineffectual.

Upon all which the House of Commons desire their lordships forthwith to join with them to petition his majesty, That the Duke may not have any access to the persons or courts of the king or queen; and that he may be removed from all offices and places of public trust. And that this may be done with all speed, in regard of the great places of trust and confidence he now holds."

Mr. Glynn concluded with telling their lordships, "That it was the care of the House of Commons to prevent the evils that hang over our heads; and they can do no less, in regard to the duty they owe to the King, who has called them as his council; to their country that hath intrusted them; and, lastly, they do it to satisfy their own consciences. They say they saw the stone that hit them, but could not discover the arm that threw it. They say they wash their hands of the ill consequences of these things, and lay it at their lordships door."

This Report being ended, the Duke of Richmond stood up, and made his bumble desire,

* This Record was probably the Votes or Journals of the Lords. It may be noticed, that this difference in the evidence of the offence charged, distinguishes this case from those of † James Stuart, duke of Lenox in Scotland, bishop Neile, vol. 2, p. 885, and of the lord near relation to the king.

Digby, No. 162, of the present volume,

FOL. IV.

affirm that I ever gave them the least check upon this occasion.

your lordships to hear the Letters, and the witness upon the occasion of them."-Then the Letter to the Mayor and Jurats of Hithe was read, with their Answer to his grace, which contained much the same as is expressed in his Defence; as did, also, the Letter to captain Collins, in relation to the sending up the Polls of all the ports. Then the Duke proceeded :

"The second and only thing to be now answered, is, The endeavouring to corrupt the Members of the House of Commons, after they were elected, for support of Delinquents. The offence which is charged, I am confident your lordships will not find me guilty of; all the instance of proof is only upon a Message pretended to be delivered to one Mr. Perd, a member of the house of commons, by my Steward, who is my cousin, Adrian Scroop; and some speeches and gestures of mine to Mr. Perd, some time after that message. I know your lordships will not take this upon an implicit faith, that it is true, because it is charged against me. But I must crave your noble justice, as a free subject as well as a peer, to be

"For the Copy of the Letter written by captain Collins, suggested to be one of my officers, and signified to be by my directions; I confess that Captain was Deputy of the Lieutenancy of Dover Castle, which is under my command; but whether the Captain wrote such a Letter to the port of Ilithe, I know not; but this I know for certain, that my directions imported not so much; and I hope your lordships will not think it just to charge me with a high crime, drawing on so heavy a punishment, for what an under-officer shall do without my knowledge. Yet, in this, I will not conceal one tittle of truth; for it is true I did write to captain Collins, and shall shew your lordships the very Letter itself, which I have sent for since your last sitting; and when I have told your lordships the occasion, which I shall make good by proof, I am confident you will find it far from a crime. It was this: I being warden of the Cinque Ports, and the Writ of Summons of Parliament directed to me, I make warrant to the several ports, for election of their ba-judged secundum probata as well as allegata; rons; which, when done, they return them to me, and I return them with the writ of summons. Now, I having made warrants, accordingly, to the ports, and received and returned their barons elected, I was informed from the port of Sandwich, that some had given voices in their election who received alms from the town, with some other questions about elections in other places, particularly Rye, for which I was informed there was a Petition in parliament; and because I might be able to give an account touching all these Elections, if occasion were, I wrote to all the Ports in general, to be certified how the elections went by the poll; that is, to know how many voices went for the one, and how many for another; but for their names, I wrote not, though I had ground enough given me by the complaint of Sandwich; and, if captain Collins, upon this Letter of mine, have been too exact, I hope that shall not turn to my prejudice or his, since there was no ill intent, nor hath been any ill consequence from it for this I affirm, confi. dently, to your lordships, That not one elector, in any of the ports, was ever menaced or ill used by me, or my direction. I cannot be disproved in this, and your lordships will hardly believe I wrote to captain Collins out of any intention of revenge; when, by the same letter, I desired to be certified of the poll in all the ports, as well where the party recommended by me was elected, as where he was not.

"This is the whole truth, and my Answer touching that business; and if it be an offence to write a Letter to recommend a gentleman for an election, yet, I hope, it will not deserve so severe a punishment. Sure I am, I never understood it an offence; for, if I had, I should not have done it myself, or believe it to be generally done by others, who, I hope, will never come in danger of punishment for it. And now, before I go to the second Head, I desire

and, notwithstanding this misfortune which is fallen upon me, I hope you believe I will not tell you an untruth. I confess I sent my steward to Mr. Perd; and he being one who has long been with me, and ever carried himself honestly and like a gentleman, gives me confidence that he delivered no such Message to Mr. Perd from me, as is charged. I protest to your lordships, upon my honour, that the Message I sent was no more than to this effect, That if, in the business of Mr. Percy, it fell in his way to do him any just favour, that 'I should take it as a courtesy, and express it to him upon any fair occasion.' This was without any other intimation or particular request whatsoever, and I am confident my servant delivered it to him no otherways; for he brought me a civil answer of his readiness to do any thing he might, with a good conscience, which was as much as I desired. And I was so far from taking offence, that, when I spoke to Mr. Perd, it was only to avow my servant, and to give him thanks; and no such thing happened as has been informed by him.

"Now, my Lords, Mr. Percy being my old acquaintance at school; in our travels, and here at home, having lived friends together; I thought I could do no less than to ask just fa

vours for him in his distress. There was no

unlawful thing desired; no bribes offered; if this be an offence, as I hope it is not, I am confident it will not be so heinous as to draw so heavy a censure upon me.

"And because, my Lords, I would be quit of this great burthen, I have caused Scroop to attend without; and desire your lordships to examine him, upon his oath, touching the truth of the message, and what passed between Mr. Perl and him; for I am guilty of no tittle more than what I have confessed to you. I know not what passed in the house of com mons, or that Mr. Perd had ever spokeu in

that business; or if Scroop had desired him not to press that business, or persuaded him not to call upon it, or intimated any thing of the king or queen, which I believe he did not, it was without any direction from me, and let him answer for it. But I rather believe there was no ill in the message, because Mr. Perd did not then, nor at any time since, till this question in the house of commons, call upon him or me concerning it.

"My Lords, I am no lawyer or orator, but I am a gentleman; and, in that consideration, so much concerned in what is moved against me, as though life or a total confiscation may not be desired, yet, upon the consequence of it, so much of honour and reputation depends, that I esteem it equal to any of those censures. But I have so much innocence in me, as makes me confident that I cannot miscarry by your lordships judgment; and therefore have adventured to make my own Defence, who best know the truth of my own heart; and so I submit myself and cause, which concerns you all, to your lordships judgment.

"RICHMOND."

The Duke having ended, he desired that Thomas Webb, his Secretary, might, upon oath, relate the occasion of writing the Letters to the Port Towns; which was one Complaint against his grace. Then the Lords sent a Message to the Commons, "That, in regard of their offer made at the last Conference, they desire that sir Henry Hayman and Mr. Perd may come to this house, and, upon oath, testify

what they know in the business concerning the duke of Richmond'

February 1.

The House of Lords proceeded in the busi ness of the duke of Richmond; when Mr. Perd gave his Evidence, upon oath, nearly in the same manner as is before related. The Duke, having heard this Evidence, denied that he gave his steward, Mr. Scroop, any such di rections as Mr. Perd alledged, and then withdrew. The house went into a debate, Whether Mr. Scroop ought to be examined, upon oath, to know what directions the Duke gave him; because, thereby, he night accuse himself. The Judges Opinions being asked on this question, they were all in a mind, That, in their ordinary courts of justice, Mr. Scroop might, by law, be examined on oath.-Hereupon Mr. Scroop was sworn and examined, who said, "That the Duke directed him to go to Mr. Perd, and to desire him, that, in the business of Mr. Percy, he would, if it fell fairly in his way, rather incline to do good offices, than press in rigour; and that thereby he might engage my Lord Duke to render him thanks, and return him such favours as fell in his and that he had no directions to way; speak of any favours intended from the king or queen."

This being done, the Lords considering of the Evidence on both sides, the affair of the Cinque Ports being dropped, the question was put, Whether that house should join with the Commons in the Petition against the Duke? It passed in the Negative.

161. Proceedings against Sir EDWARD HERBERT, knt. the King's Attorney General, upon an Impeachment for High Crimes and Misdemeanors: 17 CHARLES I. A. D. 1642. [4 Rushw. Coll. 489. 2 Cobb. Parl. Hist. 1089.]

THE dissatisfaction of the House of Commons | with the conduct of the Attorney General has already appeared in the Case of lord Kimbolton, and the Five impeached Members. On the 14th of February 1641-2, the Commons sent up to the Lords an Impeachment against sir Edward Herbert the king's Attorney General, for High Crimes and Misdemeanors; which was read in hæc verba :

"That he the said sir Edward Herbert, knight, his majesty's Attorney General sworn, the 3rd of Jan. 1611, contrary to his oath and the duty of his place, did, falsely, scandalously, and maliciously advise, contrive, and publish, certain false, scandalous, and malicious Artieles of High Treason, against the lord Kimbolton, one of the members of the house of peers in parliament. Denzil Holles, esq. sir Arthur Haslerig, bart. John Pym, John Hampden, and William Strode, esquires, being then and yet Members of the House of Commons in Parliament; a copy of which Articles the House of

Commons have commanded to be delivered to their lordships.

"And the said sir Edward Herbert, the said 3rd of Jan. did falsely and maliciously exhibit the said Articles in the said house of peers, and caused the same to be entered into the Clerk's book of this house, intending and endeavouring thereby falsely, unlawfully, and maliciously to deprive the said houses of their said several Members, and to take away their lives, estates, and good names.

"All which doings of the said sir Edward Herbert, and every of them, were and are high Breaches of the Privileges of Parliament, tending to sedition, and to the utter subversion of the ancient Rights and being of Parliament, and Liberty of the Subject, and to the great scandal and dishonour of his majesty and his government, and were and are contrary to the oath of the said Attorney General, and to the great trust reposed in him by his majesty, and contrary to the laws of this realm, and a great

derogation to his majesty's royal crown and dignity.

For which high Crimes and Misdemeanors, the said House of Commons, saving to themselves the liberty of exhibiting any further or other Impeachment or Accusation against the aid sir Edward Herbert, do impeach him; and do pray, that he may be forthwith put to answer the premises, in the presence of the commons, and desire that his person may be secured."

bond for it.

February 22.

This day, the Attorney General delivered in his ANSWER to the Charge of the Commons against him, which was read before a Committee of that house in these words:

been done in cases of like nature, according to the justice of this house; and that Committee to be under a command of secrecy, as forinerly; and further, in his majesty's name, to ask liberty to add and alter, if there should be cause, according to justice: And likewise, that their lordships would take care of the securing of the said persons as in justice there should be

cause.

"That, according to his majesty's said command, this Defendant did come to this honourable house, the said 3rd day of January, and Hereupon the Attorney General was sent for, and standing in his place, as Assistant, the then, after the right honourable Edward lord Charge was read to him, who answered, "That Littleton, Lord Keeper of the Great Seal of he humbly desired to have a Copy of the Im- England, had declared to this honourable peachment and such time allowed as their lord-house, that he was commanded by his majesty ships do in justice give to others." The lords had given this Defendant command to acquaint to let your lordships know, that his majesty gave him eight days to bring in his Answer; and the earl of Monmouth offering himself as your lordships with some things from his mabail for his appearance, he was bound in 5,000l. Jesty: this Defendant thereupon, the said 3rd day of January in this honourable house, before your lordships, then and there sitting in parliament, in obedience to his majesty's said commande, as a Message from him, did declare the aforesaid commands of his majesty: by acquainting your lordships, that the King had commanded him to tell your lordships, that "The said Defendant, saving to himself now, divers great and treasonable Designs and Praeand at all times hereafter, all just exception to tices, against him and the state, had come to the said Impeachment, as the same is charged, his majesty's knowledge, for which the king had for Answer saith, and acknowledgeth, That he given his command to accuse six persons of 15, and the 3d day of January last past was, his high treason, and other high misdemeanors, by majesty's Attorney General sworn: But where- delivering these Articles: And that he was com❤ as he is charged with the malicious, false, and manded, to desire your lordships to have them scandalous advising and contriving the Arti- read; which, by your lordships command, were cles in the said Impeachment mentioned, he accordingly read by the clerk: And then fursaith; That be was, and is so far from any ther declared, that he was also commanded by malice, falshood or scandal, in the advising and his majesty to desire, on his majesty's behalf, contriving of the same, or any of them, that that a select committee might be appointed to he did not at all advise or contrive the said take the Examination of such Witnesses as the Articles, or any of them: nor ever knew or king would produce, as formerly had been done heard of them, or any of them, until he receiv-in cases of like nature, according to the justice ed them from his majesty's hands, the said 3rd day of January last past, ready ingrossed in paper.

ed to desire that your lordships would take care for the securing of those persons, as, in justice, there should be cause.

"And saith, he did not conceive there could be any offence, in what was so done by him, in this honourable house, in obedience to those his majesty's commands; being wholly thereby left to your lordship's wisdoms and judgments, being his majesty's great council and greatest court for advice and justice.

of this house; and this committee to be under a command of secrecy, as formerly: And that he was commanded to ask liberty to add acAnd as to that part of the said Impeach-cording to justice; and that he was commandment, which chargeth this Defendant with the exhibiting of the said Articles to this honourable bouse, he saith, That, upon the said 3d day of January he repaired to his majesty by his command, who then delivered unto this Defendant a Paper containing the Articles in the ad Impeachment mentioned, and did command hiu, in his majesty's name to acquaint this honourable house that divers great and treasonable Designs and Practices, against his majesty and the State, were come to his majesty's knowledge; for which his majesty commanded this Defendant, in his majesty's name, to accuse six Members, in the said Paper mentioned, of High Treason, and other High Misdemeanors, by delivering that Paper to your lordships, and to desire to have it read: And further to desire, in his majesty's name, that a Select Committee of lords might be appointed to take the examinations of such Witnesses as his majesty should produce, as formerly had

"And as touching the false, scandalous and malicious advising, contriving, or publishing the said Articles, or any other Articles against the said persons in the said papers mentioned, or any of them; or any breach of this Defendant's oath of Attorney General; and to the false, unlawful, and malicious exhibiting the said Articles into this honourable house, or causing any entry thereof to be made; and the intent and endeavour falsely, unlawfully, and maliciously to deprive this honourable house or the honour