The annals of King James and King Charles the First ... containing a faithful history and impartial account of the great affairs of state, and transactions of parliaments in England from the tenth of King James MDCXII to the eighteenth of King Charles MDCXLII : wherein several material passages relating to the late civil wars (omitted in former histories) are made known.

For his buying of the Wardship of the Cinque-Ports, he maketh this plain, ingenuous and true Answer.

That in December, in the two and twentieth year of his late Majesties Reign, he obtained the * 1.1 Office of Lord Warden of the Cinque-Ports and Constable of the Castle of Dover, (being one en∣tire Office) upon the Surrender of the Lord Zouch, then Lord Warden.

The manner of obtaining whereof, was thus, The Lord Zouch being grown in years, and with his almost continual lameness being grown less fit for that place, he discovered a willingness to leave it, and made several offers thereof to the Duke of Richmond, and Richard Earl of D••rser, de∣ceased; but he was not willing to part with it, without recompence. Notice whereof coming to the Duke, by an offer made from the Lord Zouch, he finding by experience how much, & how many waies both the King's service might and ma∣ny times did suffer; and how many inconvenien∣cies did arise to the King's Subjects in their Goods, Ships, and Lives, by the intermixture of the Juris∣dictions of the Admiralty and Wardenship of the Cinque-Ports, by the emulation, disaffection; and contention of their Officers, as clearly appear by these particulars, amongst many others which may be instanced.

1. Where the Admiral-Jurisdiction extends ge∣nerally to all the Narrow Seas; the Warden of the Cinque-Ports hath and exerciseth Admiral-Jurisdiction on all the Sea-Coasts, from Show-Beacon in Essex, to the Red Noor in Sussex; and with those Limits there have been continual diffe∣rences between the Lord Admiral, and the Lord Warden, whether the Lord Wardens Jurisdicti∣on extends into the main Sea, or only as far as the low Water-mark, and so much farther into the Sea, as a man on Horse-back can reach with a Launce, which occasioneth Questions between those chief Officers themselves.

2. There are many and continual differences in executing of Warrants against offenders: the Of∣ficers of the one, refusing to obey or assist the Au∣thority of the other; whereby the offenders protected or countenanced by either, easily escape.

3. Merchants and Owners of Goods question∣ed in the Admiralty, are often enforced to sue in both Courts, and often enforced, for their peace, to compound with both Officers.

4. The King's Service is much hindred; for the most usual and Ordinary Rendevouz of the King's Ships, being at the Downs, and that being within the Jurisdiction of the Lord Warden, the Lord Admiral or Captains of the King's Ships, have no power or warrant to press men from the Shore, if the King's Ships be in distress.

5. When the King's Ships, or others, be in danger in the Goodwins, and other places with∣in the view of the Portsmen, they have refused to help with their Boats, lest the King's Ships should command them on boord, whereby ma∣ny Ships have perished, and much Goods have been lost.

6. When Warrants come to press a Ship at Road for the King's service, the Officers take occasion to disobey the Warrants, and prejudice the King's service. For if the Warrant come from the Lord Warden, they will pretend the Ship to be out of their Jurisdiction; if the Warrant come from the Lord Admiral, they will pretend it to be within the Jurisdiction of the Cinque-Ports; and so whilst the Officers Dispute, the opportunity of the service is lost.

7. When the King's Ships lie near the Ports, and the men come on Shore, the Officers refuse to assist the Captains to reduce them to the Ships without the Lord Warden's Warrant.

8. If the King's Ships, on the sudden, have any need of Pilots for the Sands, Coasts of Flanders, or the like, wherein the Ports-men are best expe∣rienced, they will not serve without the Lord War∣den's, or his Lieutenants Warrant, who perhaps are not near the place.

9. When for great occasions for the Service of the State, the Lord Admiral and Lord Warden must both joyn their Authority; if the Offi∣cers for want of true understanding of their se∣veral Limits and Jurisdictions, mistake their Warrants, the service which many times can en∣dure no delay, is lost or not so effectually per∣formed.

For these and many other Reasons of the like kind, the Duke not being led, either with ambi∣tion or hope of profit as hath been objected (for it could be no increase of Honour to him, having been honoured before with a greater place, nor of profit, for it hath not yielded him in any matter any profit at all, nor is like to yield him above

three hundred pounds per annum at any time) but out of his desire to make himself the more able to do the King and Kingdoms service, and prevent all differences and difficulties which heretofore had, or hereafter might hinder the same. He did en∣tertain that motion, and doth confess, that not knowing, or so much as thinking of the said Act of Parliament before mentioned, he did agree to give the said Lord one thousand pounds in Money, and five hundred pounds per annum, in respect of his Surrender, he not being willing to leave his Place without such consideration, nor the Duke willing to have it without his full satisfaction; and the occasion why the Duke of Buckingham gave that consideration to the Lord Zouch, was, be∣cause the Duke of Richmond in his life-time had first agreed to give the same consideration for it; and if he had lived, he had had that Place upon the same terms: And when the said Duke of Rich∣mond was dead, his late Majesty directed the Duke of Buckingham to go through for that Place, and for the Reasons before-mentioned, to put both these Offices together, and to give the same consi∣deration to the said Lord, which the Duke of Rich∣mond should have given, and his late Majesty said, he would repay the Money. And how far this act of his, in acquiring this Office, accompanied with these Circumstances, may be within the danger of the Law, the King being Privy to all the passages of it, and encouraging and directing it, he hum∣bly submitteth to your judgment; and he humbly leaves it to your Lordships judgments, in what third way an antient Servant to the Crown, by age or infirmity, disabled to perform his service, can in an honourable course relinquish his Place; for if the King himself give the Reward, it may be said it is a charge to the Crown; if the succeed∣ing Officer gave the Recompence, it may thus be objected to be within the the danger of the Law: And how soever it be, yet he hopeth it shall not be held in him a Crime, when his intentions were just and honourable, and for the furtherance of the King's service; neither is it without presi∣dent, that in former times of great employment, both these Offices were put into one hand by seve∣ral Grants.

To this Article, whereby the not guarding of the Narrow Seas in these last two years by the * 1.2 Duke, according to the trust and duty of an Ad∣miral, is laid to his charge; whereof the conse∣quence, supposed to have been meerly through his default, are the ignominious infesting of the Coasts with Pirats and Enemies, are the endangering of the Dominion of these Seas, the extreme loss of the Merchants, and the decay of the Trade and Strength of the Kingdom.

The Duke maketh this Answer, That he doubt∣eth not but he shall make it appear, to the good sa∣tisfaction of your Lordships, that albeit there hath happened much loss to the King's Subjects within the said time of two years, by Pirats and Enemies, yet that hath not happened by the neglect of the Duke, or want of care and diligence in his place: For whereas in former times, the ordinary Guard allowed for the Narrow Seas hath been but four Ships, the Duke hath, since Hostility begun, and before, procured their number to be much in∣creased; for since June, 1624. there hath never been fewer than five of the King's Ships, and or∣dinarily six, besides Pinnaces, Merchants Ships, and Drumblers; and since open Hostility, eight of the King's Ships, besides Merchants of great number, and Pinnaces, and Drumblers; and all these well furnished and manned, sufficiently in∣structed and and authorized for the service. He saith, He hath from time to time, upon all occa∣sions, acquainted his Majesty, and the Council-Boord therewith, and craved their advice, and used the assistance of the Commissioners for the Na∣vy in this service: And for the Dunkirkers, who have of late infested these Coasts more than in former years, he saith, There was that provi∣dence used for the repression of them, that his Ma∣jesties Ships and the Hollanders joyning together, the Port of Dunkirk was blocked up, and so should have continued, had not a sudden Storm dispersed them, which being the immediate hand of God, could not by any policy of man be prevented; at which time, they took the opportunity to rove abroad, but it hath been so far from endangering the Dominion of the Narrow Seas thereby, as is suggested, that his Majesties Ships or Men of War, were never yet mastered, nor encountred by them, nor will they endure the sight of any of our Ships; and when the Duke himself was in person, the Dunkirkers run into their Harbours. But here is a necessity, that according to the Fortune of Wars, interchangeable losses will happen; yet hitherto notwithstanding their more than wonted insolen∣cy, the loss of the Enemies part hath been as much, if not more, than what hath happened to us; and that loss that hath faln, hath chiefly come by this means, that the Dunkirkers Ships being of late years exercised in continual Hostility with the Hollanders, are built of a Mold as fit for flight as for fight; and so they pilser upon our Coasts, and creep to the Shore, and escape from the King's Ships: but to prevent that inconveniencee for the time to come, there is already order taken for the building some Ships, which shall be of the like Mold, light and quick of Sail, to meet with the adverse party in their own way. And for the Pi∣rates of Sallie, and those parts, he faith, it is but very lately that they found the way unto our Coasts, where, by surprise, they might easily do hurt; but there hath been that provision taken by his Majesty, not without the care of the Duke, both by force and treaty to repress them for the time to come, as will give good satisfaction. All which he is assured will clearly appear upon proof.

To this Article the Duke maketh this Answer, * 1.3 That about September last, this Ship called the St. Peter (amongst divers others) was seised on as a lawful Prize by his Majesties Ships and brought into Plimouth, as Ships laden by the Subjects of the King of Spain; in the end of October, or beginning of November, they were are all brought to the Tower of London, all of them were there un∣laden, but the Peter, and the bulk of her Goods was not stirred, because they were challenged by the Subjects of the French King; and there did not then appear so much proof against her, and the Goods in her, as against the rest. About the middle of November, Allegations were generally put in against them all in the Admiralty Court, to justifie the seisure; and all the Pretendants were called in upon these proceedings, divers of the Ships and Goods were condemned, and divers were released in a legal course; and others of them were in suspence till full proof made. The eight and twentieth day of December, complaint was made on the behalf of some French-men at the Council-boord, concerning this Ship and others, when the King, by advice of his Council (his Majesty being present in Person) did order,

That the Ship of Newhaven, called the Peter, and the Goods in her, and all such other Goods of the other Prizes, as should be found to appertain to his Majesties own Subjects, or to the Subjects of his good Brother the French King, or the States of the United Provinces, or any other Princes or States in Friendship or Alliance with his Majesty, should be delivered: But this was not absolute, as is supposed by the Charge, but was thus qualified, so as they were not fraudu∣lently coloured; and it was referred to a judicial Proceeding.

According to this just and honourable Di∣rection, the King's Advocate proceeded upon the general Allegations formerly put in the 26 of Jan. after there was a Sentence in the Admiralty, that the Peter should be discharged, and the King's Ad∣vocate not having then any knowledge of further proof, consented to it. But this was not a defi∣nitive Sentence, but a Sentence Interlocutory, as it is termed in that Court. Within few daies af∣ter, this Ship prepared her self to be gone, and was falling down the River: Then came new in∣telligence to the Lord Admiral, by the Lieute∣nant of the Tower, That all those Ships were la∣den by the Subjects of the King of Spain; that the Amirantasco wafted them beyond the North Cape; that they were but coloured by French∣men; that there were Witnesses ready to make good this new Allegation: neither was it impro∣bable to be so; for part of the Goods in that Ship have been confessed to be lawful Prize. This Ship being now fallen down the River, and being a Ship of the most value of all the rest, the Duke acquainted the King therewith, and by his Com∣mandment made stay of the Ship, lest otherwise it would be too late; which the Duke, in the duty of his place of Admiral, as he believeth, ought to have done, without such command: And if he had not done so, he might worthily have been blamed for his negligence, and then instantly he sent for the Judge of the Admiralty, to be in∣formed from him, how far the Sentence already past, did bind, and whether it might stand with Justice to make stay of her again, she being once discharged in such manner as before. The Judge answered, as he was advised, That it might justly be done, upon better proofs appearing: yet dis∣creetly, in a matter of that moment, he took time to give a resolute Answer, that in the interim he might review the Acts which had passed. The next day, or very shortly after, the Judge came again to the Duke, and, upon advice, answered resolutely, That the Ship and Goods might justly be stayed, if the proofs fell out to be answerable to the Informations given; whereof, he said, he could not judge, till he had seen the Depositions. And according to this resolution of the Judge, did five other learned Advocates, besides the King's Advocate, concurr in opinion, being in∣treated by the Duke to advise thereof; so cauti∣ous was the Duke not to do any unjust Act. Then he acquainted the King again therewith, & his Ma∣jesty commanded him to re-seize this Ship, and to proceed judicially to the proofs; and the Duke often required the King's Advocate to hasten the Examination of the Witnesses; and many Wit∣nesses were produced and examined, in pursuance of this new Information. But the French Mer∣chants, impatient of any delay, complain'd again to the Council-boord, where it was order'd, not barely, That the Ship and Goods should be pre∣sently, but should be delivered upon security; and upon security she had been then delivered, if it had been given; and security was once offered, but afterwards retracted: And when all the Wit∣nesses produced were examined, and published, the King's Advocate having duly considered of them, forthwith acquainted the Duke, that the Proofs came too short for the Peter; and there∣upon the Duke instantly gave order for her final discharge, and she was discharged by order of the Court accordingly.

By which true Narration of the Fact, and all the proceedings, the Duke hopeth it will suffici∣ently appear, that he hath not done any thing herein, on his part, which was not justifiable, and grounded upon deliberate and well advised Councils and Warrant. But for the doing of this to his own lucre and advantage, he utterly de∣nieth it: for he saith, that there was nothing re∣moved out of the Ship, but some Moneys, and some small Boxes of Stones of very mean value, and other small portable things lying above the Deck, easily to be imbezelled: And whatsoever was taken out of the Ship, was first publickly shewed to his Majesty himself, and thence commit∣ted to the custody of Gabriel Marsh, in the Article mentioned, by Inventory, then and still Marshal of the Admiralty, by him to be safely kept; where∣of the Money was employed for the King's imme∣diate service, and by his direction, and the rest was left in safe keeping, and are all since delivered, and re-imbursed to the Owners, or pretended Owners thereof; and not a penny profit thereof, or thereby, hath come to the Duke himself, as shall be made good by proof: And whereas the suggestion hath been made, That this accident was the cause of the Imbargo of the Ships and Goods of our Merchants trading in France, he saith, That it is utterly mistaken; for divers of their Goods were embargued before this happened; and if, in truth, the French had therein received that, as either they pretend, or is pretended from them; yet the embarguing of the Goods of the English upon that occasion, was utterly illegal and un∣warrantable; for by the mutual Articles between the two Kings, they ought not to have righted themselves before Legal complaint, and a denial on our part, and then by way of Reprisal, and not by Imbargo. So that the Duke doth humbly leave it to the consideration of your Lordships, whether the harm which hath happened to your Merchants, hath not been more occasioned by the unseasona∣ble justifying of the actions of the French, which animated them to increase their injuries, than by an act, either of the Duke, or any other.

To this Article, which consisteth of two main * 1.4 Points, the one of the extorting of ten thousand pounds unjustly, and without Right, from the East-India Company; the other, admitting the Duke had a Right, as Lord Admiral, the compas∣sing it by undue waies, and abusing the Parliament, to work his private ends; the Duke giveth this Answer, wherein a plain Narration of the Fact, he hopeth, will clear the matters objected; and in this he shall lay down no more, than will fully ap∣pear upon proof.

About the end of Michaelmas Term, 1623. the Duke had Information given him, by a prin∣cipal Member of their own Company, that the Company had made a great advantage to them∣selves in the Seas of East-India, and other parts of Asia and Africa, by rich Prizes gotten there forcibly from the Portugals, and others; and a large part thereof was due to his Majesty, and so the Duke as Admiral, by the Law; for which, nei∣ther

of them had any satisfaction. Whereupon directions were given for a legal prosecution in the Court of Admiralty, and to proceed in such matters as should be held fittest by the advice of Council.

In the Months of December and January, in that year, divers Witnesses were examined in the Ad∣miralty, according to the ordinary course of that Court, to instruct and furnish Informative Pro∣cesses in this behalf. After the Tenth of March, 1623. an Action was commenced in the Court in the joynt names of his Majesty and the Admiral, grounded upon the former proceeding; this was prosecuted by the King's Advocate, and the de∣mand at first was fifteen thousand pounds. The Action being thus framed in both their names, by advice of Council, because it was doubted in the judgment of the Council, whether it did more properly belong to the one, or the other, or to both; and the form of Entring that Action being most usual in that Court, on the Eight and twen∣tieth of April, 1624. the Judicial Agreement and Sentence passed thereupon in the Admiralty Court, wherein the Companies consent, and their own offer, plainly appeareth; so that for the second part of the Right, it were very hard to conclude, that the Duke had no right, contrary to the Companies own consent, and the Sentence of the Court, grounded on their Agreement; unless it shall fully appear, that the Company was by strong hand enforced thereto, and so the Money extorted.

Therefore to clear that scruple, That as the matter of the Suit was just, or at least so proba∣ble, as the Company willingly desired it for their peace, so the manner was as just and honourable; your Lordships are humbly entreated to observe these few true Circumstances. The Suit in the Ad∣miralty began divers Months before the first men∣tion of it in Parliament; and some Months before the beginning of it in that Parliament, it was pro∣secuted in a legal course, and upon such grounds as will yet be maintained to be just. The Com∣position made by the Company, was not moved by the Duke, but his late Majesty, on the behalf of himself, and of the Duke, treated with divers Members of the Company about it, and the Duke himself treated not at all with them. The Com∣pany, without any compulsion at all, agreed to the Composition; not that they were willing to give so much, if they might have escaped for no∣thing, but that they were willing to give so much, rather than to hazard the success of the Suit: and upon this Composition, concluded by his Majesty, the Company desired and obtained a Pardon for all that was objected against them. The Motion in Parliament about the stay of the Companies Ships then ready prepared and furnished, was not out of any respect, to draw them the rather to give the Composition, but really out of an appre∣hension, that there might be need of their strength for the defence of the Realm at home; and if so, then all private respects must give way to the pub∣lick Interest. These Ships, upon the importu∣nity of the Merchants, and reasons given by them, were suffered nevertheless to fall down to Tilbury, by his late Majesties direction, to speed their Voyage the better, whilst they might be accommodated for this Voyage, without prejudice to the pub∣lick safety, they were discharged when there was an Accommodation propounded and allowed, which was, That they should forthwith prepare other Ships for the home Service, whilst those went over with their Voyage; which they accord∣ingly did. That the Motion made in the Com∣mons House, was without the Duke's knowledge or privity. That when there was a rumour, that the Duke had drawn on the Composition by stay∣ing of the Ships which were then gone, the Duke was so much offended thereat, that he would have had the former communication to have broken off, and have proceeded in a legal course, and he sent to the Company to that purpose; but the Com∣pany gave him satisfaction, that they had raised no such rumour, nor would, nor could avow any such thing, and entreated him to rest satisfied with such publick acts to the contrary. That af∣ter this, their Ships being gone, themselves care∣ful of their future security, sollicited the dispatch of the Composition, consulted with Counsel about the Instruments which passed about it, and were at the charge thereof, and the Money was paid long after the Sentence, and the Sentence given after the Ships were gone, and no security given at all for the Money, but the Sentence; and when this Money was paid to the Duke, the whole sum (but two hundred pounds thereof only) was borrowed by the King, and imployed by his own Officers, for the service of the Navy. If these things do, upon proof, appear to your Lordships, as is assured they will, he humbly submitteth it to your judgments, how far verbal Affirmations or In∣formations extrajudicial, shall move your judg∣ments when judicial acts, and those things which were acted and executed, prove the contrary.

To this Article, which is so mixt with Acti∣ons * 1.5 of great Princes, as that he dareth not in his duty publish every passage thereof, he cannot for the present make so particular an Answer as he may, hath, and will do to the rest of his Charge. But he giveth this general Answer, the truth whereof he humbly prayeth may rather appear to your Lordships by the Proofs, than by any dis∣course of his; which, in Reason of State, will happily be conceived fit to be more privately handled.

That these Ships were lent to the French King * 1.6 at first, without the Duke's privity: That when he knew it, he did that which belonged to an Ad∣miral of England, and a true English-man: And he doth deny, that by menace, or Compulsion, or by any other indirect or undue practise or means, he, by himself, or by any others, did de∣liver those Ships, or any of them, into the hands of the French, as is objected against him: That the Error which did happen, by what direction soever it were, was not in the intention any waies injurious, or dishonourable, or dangerous to this State, or prejudicial to any private man, interes∣sed in any of those Ships; nor could have given any such offence at all, if those Promises had been observed by others, which were professed and really performed by his Majesty and his Subjects on their parts.

To this Article wherewith he is taxed, to have practised for the employment of the Ships against Rochel, he answereth,

That he was so far from practising or consent∣ing, that the said Ships should so be employed, that he shall make it clearly to appear, that when it was discovered, that they would be employed against those of the Religion, the Protestation of * 1.7 the French King being otherwise, and their pre∣tence being, That there was a Peace concluded with those of the Religion, and that the French King would use those Ships against Genoa; which had been an action of no ill consequence to the affairs of Christendom: The Duke did by all fit and honourable means endeavour to divert that course of their employment against Rochel. And he doth truly and boldly affirm, That his endea∣vours under the Royal care of his most Excellent Majesty, have been a great part of the means to preserve the Town of Rochel, as the Proofs, when they shall be produced, will make appear. And when his Majesty did find, that, beyond his in∣tention, and contrary to the faithful promises of the French, they were so mis-employed, he found himself bound in honour to intercede with the most Christian King, his good Brother, for the Peace of that Town, and of the Religion, lest his Majesties Honour might otherwise suffer: Which intercession his Majesty did so sedulously, and so successfully pursue, that the Town, and the Religion there, do and will acknowledge the fruits thereof.

And whereas it is further objected against him, That when in so unfaithful a manner he had deli∣vered those Ships into the power of a Forreign State, to the danger of the Religion, and scan∣dal and dishonour of our Nation, which he utter∣ly denieth to be so: That to mask his ill intentions, in cunning and cautelous manner, he abused the Parliament at Oxford, in affirming before the Com∣mittees of both Houses, That the said Ships were not, nor should be so used or employed; he saith, (under the favour of those who so understood his words) That he did not then use those words, which are expressed in the Charge to have been spoken by him; but there being then a jealousie of the mis-employing of those Ships, the Duke ha∣ving no knowledge thereof, and knowing well what the promises of the French King were, but was not then seasonable to be published; he ho∣ping they would not have varied from what was promised, did say, That the event would show it was no undertaking for them, but a Declarati∣on of that in general terms which should really have been performed, and which his Majesty had just cause to expect from them.

That the Duke did compel the Lord R. to buy * 1.8 his Title of Honour, he utterly denieth; and he is very confident, that the Lord R. himself will not affirm it, or any thing tending that way: Neither can he, nor any man else, truly say so. But the said Duke is able to prove, that the Lord R. was before willing to have given a much greater sum, but could not then obtain it; and he did now obtain it by sollicitation of his own Agents.

For the selling of Places of Judicature by the * 1.9 Duke, which are specially instanced in the Charge, he answereth; That he received not, or had a penny of either of those sums to his own use; but the truth is, the Lord M. was made Lord Treasurer by his late Majesty, without contract∣ing for any thing for it; and after that he had the Office conferred upon him, his late Majesty moved him to lend him Twenty thousand pounds; upon promise of repayment at the end of a year; the Lord M. yielded it, so as he might have the Duke's word, that it should be repayed unto him accordingly: The Duke gave his word for it; the Lord M. relied upon it, and delivered the said sum to the hands of Mr. Porter, then attending upon the Duke, by the late King's appointment, to be disposed as his Majesty should direct. And according to the King's direction, that very mo∣ney was fully paid out to others, and the Duke neither had, nor disposed of a penny thereof to his own use, as is suggested against him.

And afterwards when the Lord M. left that place; and his money was not repayed unto him, he urged the Duke upon his promise; where∣upon the Duke being jealous of his Honour, and to keep his word, not having money to pay him, he assured Lands of his own to the Lord M. for his security. But when the Duke was in Spain, the Lord M. obtained a promise from his late Ma∣jesty of some Lands in Fee-farm, to such a value, as he accepted of the same in satisfaction of the said money, which were afterwards passed unto him; and at the Duke's return, the Lord M. deli∣vered back unto him the security of the Duke's Lands, which had been given unto him as afore∣said.

As for the Six thousand pounds supposed to have been received by the Duke, for procuring to the Earl of M. the Mastership of the Wards, he utterly denieth it; but afterwards he heard, that the Earl of M. did disburse Six thousand pounds about that time; and his late Majesty bestowed the same upon Sir Henry Mildway his Servant, without the Duke's privity, and he had it, and enjoyed it, and no penny thereof came to the said Duke, or to his use.

To this Article the Duke answereth, That it is true, that his late Majesty, out of his Royal * 1.10 favour unto him, having honoured the Duke him∣self with many Titles and Dignities of his boun∣ty; and as a greater argument of his Princely Grace, did also think fit to honour those, who were in equal degree of Blood with him, and also to enoble their Mother, who was the Stock that bare them.

The Title of Countess of Buckingham, bestow∣ed upon the Mother, was not without president, and she hath nothing from the Crown but a Title of Honour, which dieth with her.

The Titles bestowed on the Viscount P. the Duke's elder Brother, were conferred upon him who was a Servant of the Bed-chamber to his now Majesty, then Prince, by his Highness's means; the Earl of A. was of his late Majesties Bed-chamber, and the Honours and Lands con∣ferred on him, was done when the Duke was in Spain.

The Earl of D. hath the Honours mentioned in the Charge, but he hath not a foot of Land which came from the Crown, or the King's Grant.

But if it were true, that the Duke had procu∣red Honours for those who are so near and dear unto him, the Law of Nature, and the King's Royal favour, he hopeth, will plead for his ex∣cuse; and he rather believeth he were worthy to be condemned in the opinion of all generous minds, if being in such favour with his Master, he had minded only his own advancement, and had neglected those who were nearest unto him.

To this Article his Answer is, That he doth humbly, and with all thankfulness, acknowledge the bountiful hand of his late Majesty unto him; for which he oweth so much to the memory of that deceased King, his most excellent Majesty * 1.11 that now is, and their Posterity, that he shall wil∣lingly render back whatsoever he hath received, together with his life, to do them service. But for the immense Sums and Values which are sug∣gested to have been given unto him, he faith, There are very great mistakings in the calculations which are in the Schedules in this Article mentioned; un∣to which the Duke will apply particular Answers in another Schedule, which shall express the truth of every particular, as near as he can collect the same, to which he referreth himself; whereby it shall appear, what a great disproportion there is between Conjectures and Certainties: And those gifts which he hath received, though he confesseth that they exceed his Merit, yet they exceed not Presidents of former times. But whatsoever it is he hath, or hath had, he utterly denieth that he obtained the same, or a∣ny part thereof, by any undue sollicitation or pra∣ctise, or did unduly obtain any release of any sums of money he received; but he having, at several times, and upon several occasions, disposed of di∣vers sums of the moneys of his late Majesty, and of his Majesty that now is, by their private directi∣ons, he hath Releases thereof for his discharge, which was honourable and gracious in their Maje∣sties, who granted the same for their Servants in∣dempnity; and he hopeth was not unfit for him to accept of, lest, in future times, he or his might be charged therewith, when he could not be able to give so clear an account thereof, as he hopeth he shall now well be able to do.

To this Charge, which is set forth in such an * 1.12 expression of words as might argue an extraordi∣nary guiltiness in the Duke, who by such infinite bounds of duty and thankfulness was obliged to be tender of the life and health of his most dread and dear Sovereign and Master, he maketh this clear and true Answer; That he did neither ap∣ply nor procure the Plaister or Posset-drink, in the Charge termed to be a Potion unto his late Maje∣sty, nor was present when the same was first ta∣ken or applied: But the truth is this; That his Majesty being sick of an Ague, took notice of the Duke's recovery of an Ague not long before, and asked him how he had recovered, and what he found did him most good? The Duke gave him a particular Answer thereto, and that one who was the Earl of Warwick's Physician had ministred a plaister and posset-drink to him; and the chief thing that did him good was a Vomit, which he wished the King had taken in the beginning of his sickness. The King was very desirous to have that plaister and posset-drink sent for, but the Duke de∣layed it, whereupon the King impatiently asked, Whether it were sent for or not? and finding by the Duke's speeches he had not sent for it, his late Majesty sent for John Baker the Duke's servant, and with his own Mouth commanded him to go for it: Whereupon the Duke besought his Majesty not to make use of it but by the advice of his own Physicians, nor until it shall be tried of James Pal∣mer of his Bed-chamber, who was then sick of an Ague, and upon two Children in the Town. Which the King said he would do: And in this re∣solution the Duke left his Majesty, and went to London, and in the mean time in his absence the plaister and posset drink was brought and applied by his late Majesties own command. At the Duke's return, his Majesty was in taking of the posset∣drink, and the King then commanded the Duke to give it him, which he did in the Presence of some of the King's Physicians, they then no ways seeming to dislike it, the same Drink being first tasted of by some of them, and divers others in the King's Bed-chamber. And he thinketh this was the second time the King took it. Afterwards when the King grew somewhat worse than before, the Duke heard a rumor as if his Physick had done the King hurt, and that the Duke had ministred that Physick to him without advice. The Duke acquainted the King therewith, to whom the King with much discontent answered thus, They are worse than Devils that say it. So far from the truth it was, which now notwithstanding (as it seemeth) is taken up again by some, and with much confidence affirmed. And here the Duke humbly prayeth all your Lordships, not only to consider the truth of this Answer, but also to commiserate the sad thought which this Article had revived in him.

This being the plain, clear and evident truth of all those things which are contained and particu∣larly expressed in his Charge, (the rest being in general requiring no Answer) He being well as∣sured that he hath herein affirmed nothing which he shall not make good by proof in such way as your Lordships shall direct;

He humbly referreth it to the judgment of your Lordships, how full of danger and prejudice it is to give too ready an ear and too easie a belief unto reports or testimony without Oath, which are not of weight enough, to condemn any. He humbly acknowledgeth how easie it was for him in his younger years and unexperienced, to fall into thou∣sands of errors in those ten years wherein he had the honour to serve so great and open-hearted a Sovereign and Master: But the fear of Almighty God, his sincerity in the true Religion established in the Church of England, (though accompanied with many weaknesses and imperfections, which he is not ashamed humbly and heartily to confess) his awfulness not willing to offend so good and gra∣cious a Master, and his love and duty to his Coun∣trey hath restrained him and preserved him (he ho∣peth) from running into heinous and high misde∣meanors and crimes. But whatsoever upon exa∣mination and mature deliberation they shall appear to be, least in any thing unwittingly within the compass of so many years he shall have offended, he humbly prayeth your Lordships not only in those, but as to all the said misdemeanors, misprisions, of∣fences and crimes wherewith he standeth charged before your Lordships to allow unto him the benefit of the free and general Pardon granted by his late Majesty in Parliament in the 21 year of his reign, out of which he is not excepted; and of the gra∣cious pardon of his now Majesty granted to the said Duke, and vouchsafed in like manner to all his Sub∣jects at the time of his most happy Inauguration and Coronation: Which said pardon under the Great Seal of England granted the said Duke, bear∣eth date the tenth day of February now last past, and here is shewn forth unto your Lordships, on which he doth most humbly rely: And yet he ho∣peth your Lordships in your Justice and Honour, upon which with confidence he puts himself, will acquit him of and from those misdemanors, offen∣ces, misprisions and crimes wherewith he hath been charged; And he hopeth, and will daily pray, that for the future he shall by God's grace so watch o∣ver his actions, both publick and private, that he shall not give any just offence to any.

The Duke, after he had put in this Answer, mo∣ved the Lords that the Commons might expedite their Reply; and the Commons desire a Copy of his Answer.

The day after his Majesty wrote this Letter to the Speaker of the Commons.

TRusty and Welbeloved, We greet you well. Our House of Commons cannot forget how often and * 2.1 how earnestly We have called upon them for the speeding of that Aid which they intended Ʋs for our great and weighty Affairs, concerning the safety and honour of Ʋs and our Kingdoms: And now the time being so far spent, that unless it be presently concluded, it can neither bring us Money nor Credit by the time which themselves have fixed, which is the last of this Month, and being further deferred, would be of little use, we being daily advertised from all Parts of the great pre∣parations of the Enemy ready to assail Ʋs; We hold it necessary by these Our Letters to give them Our last and final admonition, and to let them know that We shall account all further delayes and excuses to be express denials. And therefore We will and require you to signifie unto them, that we do expect that they forthwith bring in their Bill of Subsidy to be passed without delay or condition, so as it may fully pass the House by the end of the next week at the furthest: Which if they do not, it will force Ʋs to take other resolutions. But let them know, if they finish this according to our de∣sire, that we are resolved to let them sit together for the dispatch of their other affairs so long as the season will permit, and after their recess to bring them toge∣ther again the next Winter. And if by their denial or delay, any thing of ill consequence shall fall out ei∣ther at home or abroad, We call God and Man to wit∣ness that we have done our part to prevent it, by calling our People together to advise with Ʋs, by opening the weight of our occasions unto them, and by requiring their timely help and assistance in these Actions where∣in we stand engaged by their own Councils. And we will and command you that this Letter be read publick∣ly in the House.

A great Storm hapned in and about London; a∣bout this time St. Andrew's Church-yard Wall fell down into the Street, and many Cossins were expos'd to open view, the lids whereof being o∣pened by some of the Rabble, the Corps of per∣sons dead of the Plague the last year before, were exposed to view. And there was an odd and strange appearance on the Thames; you may take it in the Collector's own words, which yet signifie but little more than what that Author might fan∣cy: But 'tis usual with that sort of men to say and fancy what they please.

At the same instant of time there was a terrible Storm and strange Spectacle upon Thames by the turbulency of the Waters, and a Mist that arose out of the same, which appeared in a round Cir∣cle of a good bigness above the waters. The fierceness of the Storm bent it self towards York∣house, (the then habitation of the Duke of Buck∣ingham) beating against the stairs and wall there∣of: And at last this round Circle (thus elevated all this while above the water) dispersed it self by degrees like the smoak issuing out of a Furnace, and ascended higher and higher, till it quite va∣nished away, to the great Admiration of the be∣holders. This occasioned the more discourse a∣mong the Vulgar, in that Dr. Lamb appeared then upon Thames, to whose Art of Conjuring they attributed that which had hapned. The Parlia∣ment was then sitting, and this Spectacle was seen by many of the Members out of the Windows of the House.—Risum teneatis?

Notes

• * 1.1

  The Charge touching his b••ying the War∣denship of the Cinque-Ports.
• * 1.2

  The Charge touching the not guarding the Seas.
• * 1.3

  The Charge touching the unjust stay of the Ship of New••••••••e, called the St. Peter, after Sen∣tence.
• * 1.4

  The Charge touching his Extor∣tion of ten thousand pounds from the Eall-In••is Company, with the abuse of the Parlia∣ment.
• * 1.5

  The Charge touching his putting the Ships into the hands of the French.
• * 1.6

  Since the Duke's Answer delivered into the House, he hath him∣self open∣ly decla∣red to their Lordships, That for the better clearing 〈◊〉〈◊〉 his Honor and Fide∣lity to the State, in that part of his Charge which is objected against him by this Seventh Article, he hath b••en an earnest and humble Suitor to his Majesty, to give him leave in his Proof••, to unfold the whole Truth and Secret of that great Action, and hath obtained his Majesties gracious leave thereis, and accordingly doth in∣tend to make such open and clear Proof thereof, that he nothing doubt∣eth, but the same, when it shall appear, will not only clear him from blame, but be a Testimony of his care and faithfulness in serving the State.
• * 1.7

  The Charge touching his practise of the em∣ployment-of them a¦gainst Ro∣chel.
• * 1.8

  The Charge touching the com∣pelling the Lord R. to buy Ho∣nour.
• * 1.9

  The Charge ••ouching ••is selling of Places of Judica∣••ure.
• * 1.10

  The Charge touching his procu∣ring of Honours for his poor Kin∣dred.
• * 1.11

  The Charge touching his ex∣hausting, intercept∣ing, and mis-em∣ploying the King's Revenue.
• * 1.12

  The Charge touching his trans∣cendent presumpti∣on in gi∣ving Phy∣sick to the King.
• * 2.1

  The King's Letter to the Speak∣er touch∣ing speedy supply to his Maje∣sty.