*

had advertisement of his death the 21th of Aug. being then at Croydon, with bishop Neal and other bishops, consecrating bishop Montague for Chichester.

Whilst Felton remained a prisoner at London, great was the resort of people to see the man who had committed so hold a murder, others came to understand what were the mo tives and inducements thereunto; to which the man for the most part answered, that he did acknowledge the fact, and condemned himself for the doing thereof. Yet withal, confessed he had long looked upon the duke as an evil instrument in the cominon-wealth, and that he was convinced thereof by the remonstrance of parliament. Which considerations, together with the instigation of the evil one (who is always ready to put sinful motions into speedy

who being advanced as far as Portsmouth, on Saturday August 23, 1628, being Bartholomew Eve, was suddenly slain in bis own lodgings there, by one lieutenant Felton, about nine in the morning, who with one blow, having got a knife for the purpose, struck the duke under the left rib, and up into the heart, leaving the knife in his body, and got away undiscovered. In the fall to the ground, the duke was heard to say,The villain hath killed me.' Company coming presently in, found him weltering in his blood; and each person looking upon another, marvelled who should do so horrid an act: a jealousy was presently had of Monsieur Sobiez, who was then there labouring for speedy relief to be sent to Rochel; but he protesting his innocency, Felton immediately stept out, and said, I am the man that have done the deed, let no man suffer that is innocent.' Where-actions) induced him to do that which he did; upon he was immediately apprehended, sent to London, and there imprisoned. "The king was within four miles of Portsmouth, when the news was brought him of the death of the duke: be bid secure the murderer: and bishop Laud have had (as some did then talk) any inspiration or calling of God to it: His confessions to his friends, both public and private, were, That he had often secret motions to that purpose, which he had resisted and prayed against, and had almost overcome, until he was at last confirm ed in it, by reading the late dissolved parliament's Remonstrance against the duke: That then his conscience told him it was just and laudable, to be the executioner of that man, whom the highest court of judicature, the representative body of the kingdom, had condemned as a traitor. But, let posterity censure it as they please; certain it is, that Felton did much repent him of the unlawfulness of the fact, out of no fear of death, or punishment here, for he wished his hand cut off before the execution, which his judges could not doom by the laws of England."

James Howell, in a letter to the countess of Sunderland, dated Aug. 5th 1628, gives the following Account of this transaction:

"Upon Saturday last, which was but next before yesterday, being Bartholomew eve, the duke did rise up in a well-disposed humour out of his bed, and cut a caper or two, and being ready, and having been under the barber's hand, (where the murderer had thought to have done the deed, for he was leaning upon the window all the while) he went to breakfast, attended by a great company of commanders, where Mons. Soubize came to him, and whispered him in the ear that Rochel was relieved: the duke seemed to slight the news, which made some think that Soubize went away discontented. After breakfast, the duke going out, col. Fryer stept before him, and stopping him upon some business, and lieut. Felton being behind, made a thrust with a common tenpenny knife over Fryer's arm at the duke, which lighted so fatally, that he slit his heart in two, leaving the knife sticking in the body.

VOL. III.

He was a person of a little stature, of a stout and revengeful spirit, who having once received an injury from a gentleman, he cut off a piece of his little finger, and sent it with a challenge to the gentleman to fight with him, thereby to The duke took out the knife, and threw it away; and laying his hand on his sword, and drawing it half out, said, The villain hath killed me,' (meaning, as some think, col. Fryer) for there had been some difference betwixt them; so reeling against a chimney he fell down dead. The dutchess being with child, hearing the noise below, came in her night-geers from her bed-chamber, which was in an upper room, to a kind of rail, and thence beheld him weltering in his own blood. Felton had lost his hat in the crowd, wherein there was a paper sowed, wherein he declared, that the reason which moved him to this act, was no grudge of his own, though he had been far behind for his pay, and had been put by his captain's place twice, but in regard he thought the duke an enemy to the State, because he was branded in parliament; therefore what he did was for the public good of his country. Yet he got clearly down, and so might have gone to his horse, which was tyed to a hedge hard by; but he was so amazed that he missed his way, and so struck into the pastry, where, although the cry went that some Frenchman had done it, he thinking the word was Felton, boldly confessed, it was he that had done the deed, and so he was in their hands. Jack Stamford would have run at him, but he was kept off by Mr. Nicholas; so being carried up to a tower, captain Mince tore off his spurs, and asking how he durst attempt such an act, making him believe the duke was not dead, he answered boldly, that he knew he was dispatched, for it was not he, but the hand of Heaven that gave the stroke; and though his whole body had been covered over with armour of proof, he could not have avoided it. Captain Charles Price went post presently to the king four miles off, who being at prayers on his knees when it was told him, yet never stirred, nor was he disturbed a whit till all divine service was done."

2B

let him know that he valued not the exposing his whole body to hazard, so he might but have an opportunity to be revenged.

laudibus legum Angliæ,' see the preamble of the act 28 H. 8. for the trial of felony, where treasons are done upon the sea, and statute 14 Ed. 3, ca. of jailors or keepers, who by duress make the prisoners to be approvers.

On Thursday the 27th of November, Felton in order to his trial, and was the same day was removed from the Tower to the Gate-house, brought by the sheriffs of London to the King'sbench bar, and the indictment being read, he murder therein mentioned: He answered, he was demanded whether he were guilty of the was guilty in killing the duke of Buckingham, the same, though he did not do it out of malice and further said, that he did deserve death for to him. So the court passed sentence of death be cut off that did the fact; but the court could upon him; whereupon he offered that hand to not, upon his own offer, inflict that further punishment upon him: Nevertheless the king his hand might be cut off before execution. sent to the judges to intimate his desire, that But the court answered, that it could not be; for in all murders, the judgment was the same, unless when the statute of 25 E. 3, did alter the nature of the offence, and upon a severa! when a felon at the bar flung a stone at a judge indictment, as it was in queen Elizabeth's time, upon the bench, for which he was indicted, and his sentence was to have his hand cut off; which was accordingly done. And they also ment for felony, for which he was found guilty, proceeded against him upon the other indictand afterwards hanged. And Felton was afterwards hung up in chains, in manner as is usual upon notorious murders *.

Afterwards Felton was called before the council, where he confessed much of what is before mentioned concerning his inducemeut to the murder: the council much pressed him to confess who set him on work to do such a bloody act, and if the Puritans had no hand therein; he denied they had, and so he did to the last, that no person whatsoever knew any thing of his intentions or purpose to kill the duke, that he revealed it to none living. Dr. Laud, bishop of London, being then at the council-table, told him if he would not confess, he must go to the rack, Felton replied, if it must be so he could not tell whom he might nominate in the extremity of torture, and if what he should say then must go for truth, he could not tell whether his lordship (meaning the bishop of London) or which of their lordships he might name, for torture might draw unexpected things from him after this he was asked no more questions, but sent back to prison. The council then fell into debate, whether by the law of the land they could justify the putting him to the rack: The king being at council said, before any such thing should be done, let the advice of the judges be had therein, whether it be legal or no, and afterwards his majesty the 13th of November, 4 Car. propounded the question to sir Tho. Richardson, lord chief justice of the common pleas, to be propounded to all the justices, (viz.) Felton now a prisoner in the Tower having confessed that he had killed the duke of Buckingham, and said he was induced to this, partly for private displeasure, and partly by reason of remonstrance in parliament, having also read some books, which, he said, * "All the historians abound with testidefended that it was lawful to kill an enemy monies of the king's fondness for Buckingham. to the republic, the question therefore is, whe- It appears that to shew his affection to the ther by the law he might not be racked, and duke's memory, he gave command for a magwhether there were any law against it, (for said nificent funeral, till the thrifty treasurer diverted the king) if it might be done by law, he would the project by telling his majesty, Such pomp not use his prerogative in this point, and hav-would but prove but an hour's show: and it ing put this question to the lord chief justice, the king commanded him to demand the resolutions of all the judges.

First the Justices of Serjeants Inn in Chancery-lane did meet and agree, that the king may not in this case put the party to the rack. And the 14th of November all the justices being assembled at Serjeants Inn in Fleet-street, agreed in one, that he ought not by the law to be tortured by the rack, for no such punishment is known or allowed by our law *.

And this in case of treason was brought into this kingdom in the time of Henry the 6th; note Fortescue for this point, in his book de

* See the Note to the countess of Shrewsbury's Case, vol. 2. p. 774. and the Articles there cited.

'would be more for his glory to erect him a stately monument that might be done for half the cost. Upon which his body was privately interred, on September 25. And when the king afterwards talked of a costly monument, the treasurer is said to have used this other evasion: Sir, I ain loth to tell your majesty what 'the world will say both here and abroad, if you should raise a monument for the duke before you erect one for your father."" See 3 Kennet, 45.

Lord Clarendon relates the strange story of Buckingham's father appearing three times to an Officer of the King's Wardrobe, and directing him to tell the Duke, that if he did not conciliate the people, he would be suffered to live hut a short time. 1 Clar. Hist. of the Rebellion, 42.

134. Proceedings against Mr. RICHARD CHAMBERS, in the StarChamber, for seditious Speeches before the Privy-Council : 5 CHARLES I. 1629.* [1 Rushw. Collections, 670.]

parts.' Which words were only spoken in the presence of the privy-council, and not spoken abroad, to stir up any discord among the people; and not spoken with any disloyal thought at that time of his majesty's government, but only intending by these words to introduce his just complaint against the wrongs and injuries be had sustained by the inferior officers; and that as soon as he had heard a hard construction was given of his words, he endeavoured by petition to the lords of the council, humbly to explain his meaning, that he had not the least evil thought as to his majesty's government; yet was not permitted to be heard, but present

IN the year 1629, sir Robert Heath, the king's Attorney-General, preferred an Information in the Star-Chamber against Richard Chambers of the city of London, merchant. Wherein, first, he did set forth the gracious government of the king, and the great privileges which the merchauts have in their trading, by paying moderate Duties for the goods and merchandizes | exported and imported; and setting forth, that the raising and publishing of undutiful and false speeches, which may tend to the dishonour of the king or the state, or to the discouragement or discontentment of the subject, or to set discord or variance between his majesty and his good people, are offences of dangerously sent away prisoner to the Marshalsea: and consequence, and by the law prohibited, and condemned under several penalties and punishments. That nevertheless the said Richard Chambers, the 28th day of September last, being, amongst other merchants, called to the Council-board at Hampton-Court, about some things which were complained of in reference to the Customs, did then and there, in an insolent manner, in the presence or hearing of the lords and other of his majesty's privy-council, then sitting in council, utter these undutiful, seditious, and false words, that the merchants ⚫ are in no part of the world so screwed and wrung as in England; that in Turkey they ⚫ have more encouragement.' By which words, he the said Richard Chambers, as the Information setteth forth, did endeavour to alienate the good affection of his majesty's subjects from his majesty, and to bring a slander upon his just government: and therefore the king's Attorney prayed process against him.

To this Mr. Chambers made answer, That having a case of silk grogerams brought from Bristol by a carrier to London, of the value of 400l. the same were, by some inferior officers, attending on the Custom-House, seized without this defendant's consent, notwithstanding he offered to give security to pay such customs as should be due by law; and that he hath been otherwise grieved and damnified, by the injurious dealing of the under-officers of the Custom-House; and mentioned the particulars wherein and that being called before the lords of the Council, he confesseth, that out of the great sense which he had of the injuries done him by the said inferior officers, he did utter these words, that the merchants in England ⚫ were more wrung and screwed than in foreign

6

Laud was accused of having aggravated the matter against Chambers, and of having said to the king," If your majesty had many such Chambers, you would soon have no Chamber left to rest in." Hist, of the Trial and Troubles of Abp. Laud.

when he was there a prisoner, he did again endeavour by petition to give satisfaction to the lords of the council; but they would not be pleased to accept of his faithful explanation, which he now makes unto this honourable court upon his oath; and doth profess from the bottom of his heart, that his speeches only aimed 'at the abuses of the interior officers, who in many things dealt most cruelly with him and other merchants.'

There were two of the clerks of the PrivyCouncil examined as witnesses to prove the words, notwithstanding the defendant confessed the words in his Answer as aforesaid, who prov ed the words as laid in the information. And on the 6th of May, 1629, the cause came to be heard in the Star-Chamber, and the court were of opinion, that the words spoken were a comparing of his majesty's government with the government of the Turks; intending thereby to make the people believe, that his majesty's happy government may be termed Turkish tyranny;' and therefore the Court fined the said Mr. Chambers in the sum of 2,000l. to his majesty's use, and to stand committed to the prison of the Fleet, and to make submission for his great offence, both at the council-board, in court of Star-Chamber, and at the Royal Exchange.

There was a great difference of opinion in the Court about the Fine: and because it is a remarkable case, here followeth the names of each several person who gave sentence, and the fine they concluded upon, viz.

Sir Francis Cotting ton, chancellor of the Exchequer, his opinion was for 500l. fine to the king, and to acknowledge his offence at the council-board, the Star-Chamber Bar, and the Exchange.

Sir Thomas Richardson, lord chief justice of the Common Pleas, 300/. fine to the king, and to desire the king's favour.

Sir Nicholas Hyde, lord chief justice of the King's-Bench, 5004 and to desire the king's favour.

Sir John Cook, secretary of state, 1,000!.
Sir Humphrey May, chancellor, 1,500l.
Sir Thomas Edmonds, 2,000l.

Sir Edward Barret, 2,000l.

Dr. Neal, bishop of Winchester, 3,000l.
Dr. Laud, bishop of London, 3,000l.
L. Carlton, principal secretary of state, 3,000l.
Lord, chancellor of Scotland, 3,000l.
Earl of Holland, 1,500l.
Earl of Doncaster, 1,500l.
Earl of Salisbury, 1,500l.
Earl of Dorset, 3,000l.

Earl of Suffolk, 3,000l.

E. of Mountgomery, lord chamberlain, 1,500l.
Earl of Arundel, lord high marshal, 3,000l.
Lord Montague, lord privy seal, 3,000l.
Lord Conway, 2,000l.

Lord Weston, lord treasurer, 3,000l.
L. Coventry, lord k. of the great seal, 1,500l.
So the fine was settled to 2,000l.-And all
(except the two chief justices) concurred
for a Submission also to be made. And
accordingly the copy of the Submission
was sent to the Warden of the Fleet, from
Mr. Attorney-General, to shew the said
Richard Chambers, to perform and ac-
knowledge it; and was as followeth:

'Blame not before thou hast examined the 'truth; understand first, and then rebuke: answer not before thou hast heard the cause, 'neither interrupt men in the midst of their 'talk.

' Doth our law judge any man before it hear him, and know what he doeth?

King Agrippa said unto Paul, Thou art per'mitted to speak for thyself.

poor in his cause, thou shalt not respect perThou shalt not wrest the judgment of the sons, neither take a gift: for a gift doth blind the eyes of the wise, and pervert the eyes of the righteous.

Woe to them that devise iniquity, because it is in the power of their hand, and they covet 'fields, and take them by violence; and houses, and take them away: so they oppress a man and his house, even a man and his he'ritage.

Thus saith the Lord God, let it suffice you, O princes of Israel: remove violence and spoil, and execute judgment and justice, take away your exactions from my people, saith the Lord God.

If thou seest the oppression of the poor, and violent perverting of judgment and justice in a province, marvel not at the matter: for 'he that is higher than the highest regardeth, and there be higher than they. Per me,

RICHARD CHAMBERS.'

"I Richard Chambers, of London, merchant, do humbly acknowledge, that whereas upon an information exhibited against me by the king's attorney-general, I was in Easter term last sentenced by the honourable court of Star-Chamber, for that in September last, 1628, being convented before the lords and others of his majesty's most honourable privy council-board, upon some speeches then used concerning the merchants of this kingdom, and his majesty's well and gr acious usage of them; did then, and there, in insolent, contemptuous, and sedi tious manner, falsly and maliciously say and affirm, that they,' meaning the merchants, are in no parts of the world so screwed and wrung as in England; and that in Turkey they have more encouragement.' And whereas by the sentence of that honourable court, I was adjudged, among other punishments justly imposed upon me, to make my humble acknowledgment and submission of this great offence at this honourable board, before I should be delivered out of the prison of the Fleet, whereto I was then cominitted, as by the said decree and sentence of that court, among other things, it doth and may appear: now I the said R. Chambers, in obedience to the sentence of the said honourable court, do humbly confess and proper person, and demands oyer of the de acknowledge the speaking of these words afore-mand aforesaid, and it is read unto him; and said, for the which I was so charged, and am heartily sorry for the same; and do humbly beseech your lordships all to be honourable in terce-sors for me to his majesty, that he would be graciously pleased to pardon this great error and fault so committed by me." When Mr. Chambers read this draught of Submission, he thus subscribed the same:

All the abovesaid contents and Submission, 'I Richard Chambers do utterly ablor

Afterwards in the term of Trinity, the 5th year of king Charles, it is found in the great Roll of this year, that there is demanded there, of Richard Chambers of London, merchant, ther sent by virtue of a writ of our said lord 2,000l. for a certain Fine, imposed on him, hithe king, under the foot of the great seal of England, directed to the treasurer and barons of this Exchequer, for making execution thereof to the use of the said lord the king, as is the octab of the blessed Trinity, this term, there contained; and now, that is to say, in

comes the said Richard Chambers in his own

he demands oyer also of the writ aforesaid, under the foot of the great seal of England, hither sent, and is read unto him in these

words:

Scotland, France and Ireland, king, defender "Charles by the grace of God, of England, of the faith, &c. to his treasurer and barons of his Exchequer, health. The extrete of certain fines taxed and adjudged by us and our council, in our said council, in our court of Star-Chamber, in the term of St. Michael, the term of St.