court
denominated contumacy, Charles ordered his attorney-general to enter an
accusation of high treason against him. By way of recrimination, Bristol
accused Buckingham of high treason. Both the earl's defence of himself
and accusation of the duke remain;[***] and, together with some original
letters still extant, contain the fullest and most authentic account
of all the negotiations with the house of Austria. From the whole, the
great imprudence of the duke evidently appears, and the sway of his
ungovernable passions; but it would be difficult to collect thence any
action which, in the eye of the law, could be deemed a crime, much less
could subject him to the penalty of treason.

* Rushworth, vol. i. p. 236.

** Rushworth, vol. i. p. 237. Franklyn, p. 120, etc.

*** Rushworth, vol. i. p.[**inserted '.'] 256, 262, 263,
etc. Franklyn, p. 123, etc

The impeachment of the commons was still less dangerous to the duke,
were it estimated by the standard of law and equity. The house, after
having voted, upon some queries of Dr. Turner's, "that common fame was
a sufficient ground of accusation by the commons,"[*] proceeded to frame
regular articles against Buckingham. They accused him of having united
many offices in his person; of having bought two of them; of neglecting
to guard the seas, insomuch that many merchant ships had fallen into the
hands of the enemy; of delivering ships to the French king in order to
serve against the Hugonots; of being employed in the sale of honors and
offices; of accepting extensive grants from the crown; of procuring many
titles of honor for his kindred; and of administering physic to the late
king without acquainting his physicians. All these articles appear, from
comparing the accusation and reply, to be either frivolous or false,
or both.[**] The only charge which could be regarded as important, was,
that he had extorted a sum of ten thousand pounds from the East India
company, and that he had confiscated some goods belonging to French
merchants, on pretence of their being the property of Spanish. The
impeachment never came to a full determination; so that it is difficult
for us to give a decisive opinion with regard to these articles: but it
must be confessed that the duke's answer in these particulars, as in all
the rest, is so clear and satisfactory, that it is impossible to refuse
our assent to it.[***] His faults and blemishes were, in many respects,
very grea