your lordships' directions, in Answer to his Petition humbly presented yesterday, he had appointed the witnesses there named to attend the most honourable house this afternoon, to be sworn to answer such interrogatories as, on his behalf, shall be exhibited.-But, whereas your lordships did further direct that the said interrogatories should be presented this day: he most humbly desires your lordships to be truly informed, that having neglected no time since he received his Charge to prepare his Answer, he finds the matters objected so many and of such divers natures, that he cannot yet, possibly, furnish the same, in such perfect and particular manner, as he ought and desires to do for your lordships' best satisfaction, and the clearing the matters laid to his Charge in all points. And therefore, his Answer being not yet ready, upon which all the interrogatories must properly be grounded, and without which your lordships' judgments of the pertinencies of the interrogatories cannot be rightly inform ed, he humbly beseecheth your lordships to respite them, and as soon as his Answer is finished he will forward them with all possible speed. And, he doth, once again, humbly propound to the consideration of this most hon. house (because therein your lordships have not been pleased to give Answer unto his former Petition) whether your lordships will not, in your noble justice, permit him to have copies of the Depositions taken and to be taken in this cause, on both sides, without which he shall be utterly disabled to make that just defence, which a cause of that importance to him, doth necessarily require.-MIDDLESEX." The lords, upon reading this Petition, did all agree, "That it is against the order of this court, as well as of all other courts, for a delinquent to have Copies of the Examinations before he answers." Aud, as to the rest of the Petition, the following Answer was agreed on to it; "The lords expected to be obeyed and not to have been directed; and hold for a disrespect unto the house, That witnesses should be produced and sworn, and no interrogatories sent whereon to examine them as was required. The Copies of Depositions already taken, for Proof of the Charge, was not directly prayed in the former Petition, therefore it was not precisely answered; but it is so unfit a desire that the lords think the petitioner ill-advised to make such a request. And, according to the former order of the house, the lords expect the Lord Treasurer's appearance to-morrow morning, to hear such Answers as he shall make." April 20th. Another Petition from the Lord Treasurer was presented to the house, and read in hæc verba': "Most humbly shewing, That besides the weighty cares of mind which now do lie upon him, by the Charge he hath received from that most honourable house, he is fallen into such an indisposition of body, as he is once more enforced to beseech your lordships, in your noble justice and favour, to grant him a farther day VOL. II. for presenting his Answer and Interrogatories, which fall out to be much longer than he himself expected. It being no small addition to his sorrows, that in a case so nearly concerning him, he cannot conceive by their lordships former Answers to his former humble Petition, that they purposed to allow him Copies of the Depositions, where by, after his Answer delivered in writing, he shall prepare himself for his just defence against the hearing.-MIDDLESEX." To back this Petition, the Prince moved "That in respect of the Lord Treasurer's great office, and sickness pretended by his lordship, he might have a longer day given him, and that day to be absolute." On which the fol-, lowing Answer to the Petition was agreed on." "That the lords, only in respect of the Lord Treasurer's indisposition of health, are pleased to respite his appearance this day; but do enjoin that on May 1, at 9 in the morning, if his health so permit, he bring his Answer; if not, that then he send his Answer to his Charge in writing, and all such Interrogatories as he would have his witnesses examined upon. Likewise, the lords do peremptorily assign the 7th of May next, for his appearance in person, and for the final hearing and determining the cause." On the same day the Attorney General read the following Additional ARTICLES to the Charge against the Lord Treasurer. "I. He undertook the office of the Wardrobe, in the 16th year of his majesty's reign, and continued in the service of that place from Michaelmas, anno 16, to the same time, anno 19. This office he took upon him under pretence of doing his majesty special service; and for that purpose, obtained a certain assignment of 20,000l. per ann. or thereabouts, which was duly paid unto him by way of imprest. Instead of doing service, he hath brought that place into disorder and confusion; he hath not duly served the warrants which he should have served, nor paid the workmen and creditors; he hath neither kept orderly accounts, nor yielded any; but under colour of pretended service of great importance, hath procured gifts and discharges of great sums of money, which he received for the execution of that place, and for the queen's funeral. II. Whereas, in the former Charge delivered to his lordship it is mentioned that merchants, importing Sugars, have been denied to export the same without paying new duties; it appears, upon further consideration of that business, That the prejudice the merchants have sustained concerning their Sugars, is, that they have been denied, upon exportation of sugars, the imposts paid on importation; which is contrary to the direction given by his majesty's letters patents 5 Sept. 8 Jac." May 1. The Lord Treasurer sent another Petition to the lords, with his Answer to his Charge, and the Interrogatories to four parts of the same; which being read, were referred to a 4 H committee, who were to report to the house what interrogatories they reject. The tenor of the Petition was as follows: ing the 9,500l. allowed to the Petty Farmers in recompence of their losses, he carried himself so carefully and strictly for the king, as be could no ways expect so much as thanks, much less any gratuity or reward from them : for though, at first, they demanded of his majesty a very great sum, pretending, that the interrup tion they complained of was 10,000/. disadvantage to then in their first year only; yet surer, on his majesty's behalf, they were brought to accept of 9,500l. whereof, though they earnestly pressed to have present satisfaction, yet he over-ruled them to take it in 94 years, (which was not worth more than 5,000/. in hand) and that, also, to be in full satisfaction of all their demands, not for one year, but for the whole term of 9 years; so, as, in that particular, the Lord Treasurer was so far from doing them favour, that he thinks, they have maliced him ever siuce, rather for holding them so hard to it, than for any regard to the king's service. And for the Great Farm, the said Treasurer saith, That the old farmers be coming suitors to renew their lease, propound "The Lord Treasurer, with most humble thanks, acknowledgeth the honourable favour of this house, by their noble order made in this house on Thursday last; and doth most humbly take hold of the liberty thereby granted him, in respect of his indisposition, (which yet continueth) most humbly to present to your lord-upon good reasons, shewed by the Lord Trea ships herewith all his Answer, in writing, as well to the Charge he received the 21th of April, as to the Additions thereto which he received the 29th of the same, together with as many of his interrogatories for Examination of Witnesses as he could possibly make ready by this time, which are full and perfcct for four of the Articles of his Charge; most humbly desiring Monday morning at the sitting of the court for the bringing in the rest; and that your lordships wid pardon the length of his Answer; the variety and multiplicity of the particulars necessarily requiring it, as well for the readier informing of your lordships judgment as for relief of his own weak memory, whom as yet you have been pleased to appointed to leave the Silk-farm upon his majesty's to stand alone without counsel at the hearing; he doth withal humbly explain his meaning in the former Petitions, which were not to desire Copies of the Depositions before his Answer were put in, and all Witnesses for and against him fully examined: but when that shall be done, he hopes it will stand with the honour and justice of that most honourable house to allow him Copies of the Depositions on both sides.-MIDDLESEX." The tenor of the Lord Treasurer's Answer to his Charge followeth ; hands: and, withal, to have an abatement of the rent they then paid for the Great Farm: whereupon the Lord Treasurer, finding how much that offer tended to his majesty's disadvantage, desired sir A. Ingram, by hiniself and his frcnds, to get a better offer made to the king, which was done accordingly; and thereby his majesty's rent was not impaired (as at first was proposed; but increased 4,000l. per ann.; and the Silk Farm Rent was also made good; which otherwise, to have been lett by itself, would not have yielded the old rent by 5, or 6,000/. "The humble ANSWER of the Earl of Mid-per ann.; so that the bargain was better to dlesex, Lord Treasurer of England, to the part of the Charge which was delivered him from the most honourable Court of the higher House of Parliament, on Saturday the 21th of April 1624. were "To the 1st and 3rd Articles concerning the two pretended Bribes of 5001. a-piece. His Answer is that no such several sums ever paid unto him, nor any money at all for any of the causes mentioned in the said Charge; but he acknowledgeth that, the 27th of June last past, he, by his servant, did receive at the hands of Jacob, one entire sum of 1,000l. in consideration of his interest in four 32 parts of the Great Farm, which he had formerly reserved unto himself, upon settling the new lease thereof; and for no other cause, as he hath truly alledged in his Answer to the Commons: and, for better satisfaction of this most honourable house therein, he bath here set down a true and particular Declaration of the state and carriage of that business, as followeth :He is very well assured that as his general course, in all bargains of the like nature for the king, hath been to look to his own duty and the king's service, as the husband of his majesty's estate; so in this particular, touch the king than the old farmers first offered by which were returned unto him by those to whom he had formerly disposed them; and being asked what he would do with them, did, upon Jacob's next coming to him, ask him, how the farmers meant to use him for his four 32 parts of the farm? He answered, That because his lordship had formerly signed a warrant, for the king's security of all the 32 parts, and said nothing of those 4 parts, they thought his lordship had waved them: but he would speak with the partners about it, and then give him a full answer. Within few days after, Jacob returned to him, and very freely offered 1,000l. for his parts, according to the rate which, he said, they had lately given to Mr. Chancellor for his: which the Lord Treasurer was contented to accept: and within 4 days after he told Mr. Chancellor what bargain he had made with the farmers, for his interest in four 32 parts of the Great Farni, viz. That he had sold them to the Farmers for 1,000l.-This Agreement being thus made with Jacob, and the 1,000l. paid accordingly; it falls out, by that which was since discovered, That he and his partners which shared those 4 parts, agreed together, to ease themselves of that money, (which should have been properly borne upon their own private accounts,) by laying the same upon the general accounts of the Great and Petty Farms; (themselves being farmers in both) and thereupon, the 1,000l. as is since discovered, was by them divided into two parts; the one half entered upon the books of the Petty Farmers, aud the other upon the general account of the Great Farm, as gratuities to the Lord Treasurer; who little knew of their unjust proceedings, both with himself and their partners, until about Christmas last; when he had first intimation of some such Charge laid upon the Petty Farms, not hearing then that which was done upon the Great Farm's account: hereupon he presently sent for Jacob, and was much offended with him, that he should suffer any such unjust thing to be done; who, at first, denied it; but, the next day, confessed it, and said, it was ill done; and said, he was over-ruled in it; and promised to set all straight again, according to the truth and right of the case: which, the Lord Treasurer under stands, was done accordingly; not by posting the 500l. from the Petty Farm's Account to the Great Farm's, but by discharging both unjust charges out of both accounts; the patentees returning back the money which they had taken off the Petty Farmers, upon the Lord Treasurer's just exception thereto; and also making like restitution, of their own accord, to their partners in the Great Farin, whom they had likewise wronged; whereof the Lord Treasurer heard nothing till of late: so, he hopes, the proofs of this cause will make it evidently appear, that all this scandal hath fallen upon him, by this underhand working of the patentees for their own private gain; by wrongfully charging their partners in both farms, to ease themselves, without the Lord Treasurer's privity or knowledge and though the patentees, to make their own tale good, have lately denied that the Lord Treasurer had any part in the farm; yet it will manifestly appear upon proof, by the oaths of men of good reckoning, that themselves have acknowledged, that his lordship had reserved part of that farm at his disposing.-For the 100l. and the tun of wine, alledged, in the 2nd Article, to be received: the truth is this, That Jacob being with the Lord Treasurer about other business, told him, That the Farmers of the Petty Farms, had, or did intend, to present him with a tun of wine, for a new year's gift. The Lord Treasurer then answered him merrily, That other Lord Treasurers had been better respected by those farmers, and that he would have none of their wine; and shortly after, Bernard Hyde brought him 10cl. for a new year's gift only, and for no other cause. -To the 3rd Article, concerning Herriot's Reckoning and the Sugar Farm, the Lord Treasurer makes this Answer, That in 1620, a lease was granted to Herriot, of the Impost upon Sugars for three years, not at the rent of 10,000 marks per aun, as is alledged in the Charge, but at less by 1000l. per ann. viz. 5,666l. 13s. 4d. rent. Afterwards, the 17th of Nov. 1620, in the time the lord Mandeville was Treasurer, Herriot obtained a privy-seal of assignment, whereby he had power to pay himself out of the Sugar Farm-Rent, by way of retainer, a debt of 15,089/. 16s. formerly due to him, viz. for his free-arrear in the exchequer 1877. 10s. and upon six privy-scals for jewels, formerly bought of him, 12,902/. 65. in which privy-seal of assignment, there was one special clause, That if the said three years rent would not suffice to pay the whole debt, by reason of defalcations which might fall out upon the farm, the rest should be made good out of the exchequer; and afterwards, in May and August 1621, in the viscount Mandeville's time, Herriot obtained two other privy-seals, for two other deb due to him, amounting to 1,962l. 15s. which, being added to the former debts by privy-seal, makes up the great sum of 14,8651. mentioned in the Lord Treasurer's Charge.-And whereas it is alledged, that this whole sum of 14,865. was paid to Herriot by the now Lord Treasurer's order within the space of 26 days: the truth is, There was not one penny paid at all in money, but Herriot being indebted to his majesty 7,7991. upon account of the rents and profits of the Sugar-Farm until Christmas 1621, the same was allowed in discharge of so much of his debt of 14,8657. viz. 5,666. 13s. 4d, which he had power to pay himself, by virtue of the said privy-seal of assignment; and 2,132l. 6s. 8d. which was done by him upon his account before the lease of the Sugar-Farm began. And whereas he might, by the said privy-seal of assignment, have paid himself the other 7,0667. within less than 15 months; the Lord Treasurer did, by Herriot's consent, transfer the same to be paid out of the Tobacco Farm, viz. 4,000l. at Michaelmas 1622, and the rest at Michaelmas 1623, which was a longer time and more advantageous assignment for the king than the former was: so, although there were several orders signed, as if the money had been paid immediately out of the exchequer; yet that was done, of necessity, to enable the striking tallys, for the 'tellers charge and discharge, as the form of the exchequer required, without issuing any money at all: so that it will appear upon record, this Charge upon the Lord Treasurer is wholly mistaken; and that he was so far from paying so much ready money as he is charged with, that he paid no ready money at all, but by assignment; which he made at longer days, than it was formerly settled in his predecessor's time. And thereupon Herriot, having his debt thus settled and paid to his content, did surrender up his lease; which he had procured to no other end, but to secure the payment of the debts owing to him by the king. Afterwards, it is true, his majesty granted a new lease of the Sugar-Farm to the Lord Treasurer's use, at the rent of 2,000l. per ann.; in the granting whereof his majesty was truly informed of the state of the same, and particularly made acquainted, That the said Farm of Sugars might be improved to 6,000l. per annum, though Herriot had it but at 5,666l. 13s. 4d. it being his majesty's pleasure, out of his own grace and goodness, to grant the same, in form aforesaid, to the Lord Treasurer, for his many services, and for considerations best known to himself.-For the slow paying his rent, it is true, that one of the 3,000l. was paid three or four days after the rent-day, and the other two half-years rents were forborne in respect of some private disbursements of his lordship's for the king; upon bilis of exchange to the commissioners for Ireland; and other engagements for his majesty; which his lordship intended should be discharged and cleared by the said rent. And, lastly, The liberty of transporting Merchant's Sugars, forme ly imported, remaineth now in the same estate and condition, without any alteration, since the Lord Treasurer's lease, as it did at any time before; neither is there any such restraint or denial made by him, or under him, to the merchant's prejudice or his own profit, as is alledged in the Charge. To the 4th Article, touching the Composition for Grocery-Wares in Bristol and the out-ports; the Lord Treasurer saith, That complaint being made unto him on his majesty's behalf, That the said CompositionMoney being no less due in the out-ports than in the port of London, no certain course was settled for the receiving of it, or bringing it to account for his majesty's use, so as little or no benefit thereof came to the king: he thereupon thought fit to send a general warrant to the out-ports, to authorize Jacob to take care of that collection; and receive such duties of that nature, as had been formerly used to have been paid; to the end the whole collection thereof might come in upon one man's account; with no intention to raise a new charge upon the subject, but only to settle the collections of the king's duties in order: and, as soon as the said Lord Treasurer had notice, That the citizens of Bristol had formerly yielded to furnish his majesty's household with grocery in specie, upon purveyance, at the king's coming into those parts; and, thereupon, had obtained an order in the exchequer, to exempt them from the payment of the composition; the Lord Treasurer did presently discharge the former warrant sent thather before, and referred the merchants (who acquainted them with it) to sir Simon Harvey, one of the officers of the Green-Cloth, who cerufied his lordship, that he had agreed with them to their good contentment.-To the 5th Article, concerning the business of the Court of Wards, the Lord Treasurer makes this humble Answer, That in Dec. 1618, his majesty did set forth instructions for the ordering of the Court of Wards; which orders were set forth by the procurement and solicitation of some of the officers, without the privity of the lord Wallingford, then master, and some other of the council of that court, and near about the time of his lordship's leaving the place: divers of which articles tended to the abridgement of the antient authority and profits of the master's place, and for the profit of others of the officers of the court.-Whereupon the Lord Treasurer, being made master, was an homble suitor to his majesty to restore him to the former rights of the place, by altering the said instructions in some points, not prejudicial to his majesty's profits, nor grievous to his subjects; upon which it pleased his majesty to refer the same to some privy counsellors, as is mentioned in the Charge: after which time, and before any thing was done, upon the humble motion of the Lord Treasurer, his majesty was pleased to direct, That the master and officers should first confer and agree (if they could) among themselves, and resort to the referrees, if they agreed not: whereupon the master and all the officers, upon sundry meetings and debatings, agreed aniong themselves for the new Instructions, and thereupon voluntarily subscribed their names. There was no misinformation used to his majesty, neither are the points contained in the new Instructions disadvantageous to the king or subjects more than the former, and, in some points, of much more advantage both to the king and subject. Touching the taking Petitions from the Clerk of the court; and appropriating them to himself and the secretary, who is charged wth taking great rewards for procuring answers to the same, be saith, That, until the said Instructions of 1618, all Petitions were delivered to the master; which, by the said Instructions of 1618, were (to the great prejudice of the subject, and delay of his majesty's service) delivered to the clerk of the court, who was to present it at the sitting of the Council, which could be only in term time; whereas, by the former antient course, and by the last Instructions, the Petition being delivered to the master, he only giveth order for finding and returning an office, which must also be entered with the clerk; and, the office being returned, the grant is made by the master and council, at the council table. By this. course the suitor hath expedition at all times, and the master no profit at all; and the secretary neither bath taken, nor exacted, any reward of the subject for procuring Answers, to the knowledge of him, the Lord Treasurer. Touching the doubling fees for Continuance of Liveries, by the new Instructions, he saith, That, ever till the Instructions of 1618, the suitor might continue his livery, either with the inaster, or surveyor; and the master's fees for such continuance was ever 10s. The Instruetions of 1618 appropriated the Continuance only to the surveyor, which was an encroachment by the surveyor upon the master; now the new Instructions enjoin the Continuances to be with both, for which the master taketh no other fee than 10s. which was the antient fee for Continuances taken by all masters before him: and, for tenders, the master doth now take but 5s. whereas the antient fee is 10s. -By the Continuance before both houses, men are rather forced to sue out their liveries to the benefit of the king, and good of such as have cause to sue against them. Touching the having of concealed Wardships, and, to that point, that the master may easily make wardships concealed by the course of the new Instructions, the Lord Treasurer saith, That although he hath the disposing of concealed wardships, yet the benefit of them is to the king's own use; and it is not in his power to make a concealed wardship: for if the petition should be suppressed, or not answered, yet it is no concealment, by the new Instructions, if any suit be made for it within a year after the death of the tenant; neither is the Lord Treasurer charged to have done, or so much as to have attempted any such act.-Touching the Stamp, which he is charged with having delivered to the secretary, he doth humbly acknowledge the same; but, withal, desireth your lordships to take into consideration, that the whole purpose and scope of doing thereof was only for the present dispatch of suitors in ordinary matters of course; and for such business as could not be effected by the Stamp alone, without the assistance or joining of other officers therewith, either before or after putting the Stamp: and the Lord Treasurer was rather induced to give way thereto, because he had understood that the lord Burleigh, when Lord Treasurer, made use of the like; and for that Stamps are in use in other offices at present: yet, if the Lord Treasurer had ever conceived, or been informed, that it had been unlawful or unfit, he should not have used it: also be directly affirmeth, That, by the use thereof, neither his majesty nor the subject, hath hitherto any charge or prejudice, but much ease in their dispatch.And as to Dallison's unsettling the Office of Ordnance, that fell out 8 or 9 years since; and the supply set down by the lords, in 1617, was 4 years before the Lord Treasurer was in office; neither did the commission of the treasury, nor his predecessors, pursue any point thereby directed; but it lay wholly neglected, and now only revived against the Lord Treasurer, who never saw it but in this parliament: and for the book made up by the commissioners of the navy, in 1620, for supplying the Stores and future upholding of the Office of Ordnance, (though, being the last of the three settlements mentioned in the Articles, it might be sufficient to suspend both the former) it was so far from being an establishment to govern the office by, that all the officers have, and still do oppose it, and protest against it to this day; so as there being only propositions without resolutions, and no settled rule of establishment and direction, why should the Lord Treasurer be bound to keep it or why the breach thereof be made his fault now, when it was broken and neglected in his predecessor's time, who was then the only proper officer to have put it in execution, the now Lord Treasurer being but one of the propounders of it.-Notwithstanding, he humbly conceives, and hopes to prove clearly, that there hath been no such wilful negligence as is alledged; for though it be true, that the officers of the Ordnance, always opposing that Book of the commissioners, would never sue out the two warrants thereby required, the one of 13,640. 14s. 2d. for Supply of the Stores, and the other of 3,000l. per ann. for the Ordinary; yet there have been other privy seals of the same nature sued out, whereupon hath been isseed to that office, since that book of the commissioners was delivered, as follows, viz. for the supply of the Stores, 11,096. 17s. 6d, which sums want not much of the commissioners preparations, considering that the ordinary quarter-books are yet unpaid for a year and a quarter; all which argue no wilful negligence in the payments, howsoever the officers have disposed of the monies; nor any great unfurnishing of the stores, which, if they have less proportion of some stores of provisions than were set down in the commissioners books, yet they have more of other stores of provisions, which have since been thought more useful and more necessary.-As to what concerns neglecting the supplies for Gun-powder, the Lord Treasurer saith, That the bargains with Evelyn were made in the lord Mandeville's time, who continued in the office the first 5 months after; in which time Evelyn served in Powder for the first 3 months; but, getting no money for it, made a stop of his delivery, according to the liberty of his contract: so that the same was broken in the lord Mandeville's time, and left wholly in distraction to the now Lord Treasurer, with a debt for three months powder, delivered as aforesaid; his predecessor not paying one penny upon that contract in all that time.-Neither did that bargain with Evelyu suffer any small inter:uption, by the continual complaints stirred up against him by Mr. Sadler, and new propositions made by him for settling the powder-making otherwise; whereby Evelyn's contract stood under question, and both the Lord Treasurer, and Mr. Chancellor, and the commissioners of the navy, had several times the trouble to examine the same; the Lord Treasurer having a purpose to bring Evelyn |