virtue of his letters-patents and grant from his late majesty in that behalf; alledging withal, howsoever the said Company might peradventure answer the matter, yet there would and might be strong opposition against them. These words were used to possess them with fear, and, to make them stand in awe of his power, when he should come afterwards particularly to press them to yield to his unjust demands. Having once resolved of his ends, which was to get money, he thus proceeded to eflect the same. In the months of Nov. Dec. Jan. and Feb. then next following, be had divers times treaties by himself and his agents with the then governor and others of the said Company, for the effecting of his said designs; wherein he still unlawfully pretended that a tenth part, or some other great share, out of the lading of the said hips, belonged unto him; albeit the said Company upon right information of their cause to their council, both civilians and commonlawyers, were advised that there did no tenths or other such shares belong to the said duke, as he pretended.

"And whereas the said duke by this time finding that he could not prevail to get his ends by any fair course, continued yet resolute to make his gain upon the Company by right or wrong, as he might; and to that purpose made use of the following opportunities and advantages; in such cunning and abusive manner as I shall further open to your lordships. The said duke we knowing that the said Company had then four ships, called the Great James, the Jonas, the Star, and the Eagle, and two pinnaces called the Spy and the Scout, the said Ships and pinnaces, with their victuals, store and ordnance, were of the value of 54,000l. and more, laden with lead, cloth, and other merchandise in them to the value of 20,000l. and more, and having in them also about 30,000/. in rials of Spanish money; in all, 100,000l. and more.

of fair winds, but rather to take time enough before-hand, for fear of the contrary: Nor can the lord admiral of England, who is custos ma rium domini regis, and hath jurisdiction of all foreign parts, super altum mare, be admitted to pretend himself ignorant of this secret, or of any other particulars belonging to the seas and voyages. The duke therefore apprehending, and well weigling how great a hindrance, or rather what an absolute loss it would be to the Company, if these their ships and pinnaces of so great value, and bound forth in so instant and difficult a voyage, should be stayed for any long time, now they were ready to set sail, and the season of going upon point to expire: The said duke upon the said first day of March, 1623, to effect his designs upon the said Company, and to get that by circumvention and surprisal, which in a legal and due course of justice he had not hopes to obtain: Not thinking it sufficient, that the sense of his displeasure Iving over the Company as an ominous cloud threatening a storm, if they did not appease him by some great sacrifice; and to cast them yet further into a farther strait, not sparing to abuse your lordships in parliament, by making you unwilling instruments to give colour and advantage to his secret and unlawful practises. Upon the said first day of Alarch, he put your lordships, sitting in parliament, in mind, touching the great business likely to ensue upon dissolution of the then treaties with Spain, and that a speedy resolution thereof was necessarily required, for that the enemy would pretermit no time; and if we should lose the benefit of that spring, he said it would be irrevocable; and thereupon he took occasion to move that house, whether he should make stay of any shipping that were then in the ports, as being high admiral he might, and namely, the said ships prepared for the East-Indian voyage, which were of great burthen, well furnished, and fit to guard our own coasts: Which motion was gencrally approved of the whole house, knowing nothing of the duke's secret designs and private intentions. And the same day a

"These ships and pinnaces were well near ready to set sail for a voyage into the East-Indies by the first day of March, in the 21st year of his said late majesty's reign; and he well-motion was made amongst the commons in knowing how great a hindrance it would be to parliament to the same effect, by sir Edward the said Company, if the said ships and pinnaces Seymour, kt. the vice-admiral to the duke of should be stayed for any long time, the rather the county of Devon; which in respect of the in regard if they did not set sail about that time when, and person by whom it was prothne of the year, or within twenty days after, pounded, is very suspicions, that it issued all they had utterly lost their voyage for that year; from one spirit, and that he was set on by the the reason whereof dependeth upon a secret of duke, or some of his agents; the truth whereof, winds, called the Marsounds, which are con- your lordships may be pleased to search out stantly six months easterly, and six months and examine as you shall see cause. By colour westerly, every year at their set times, in those of this Order of the lords house of parliament, parts of Africa, about the Cape of Bona Spe-the duke caused John Pexal marshal of the ranza; (for of those winds, all ships going hence into the East-Indies, are to make their use, in the usual and due time; which yet cannot be done, if men take not their opportunity by coming to the Cape in their proper and due season, and in so long and dangerous a voyage, | wherein the Equinoctial Line is twice to be passed, it is no good discretion to stay the utmost time in going from hence, in confidence

Admiralty, to make stay to be made of the said ships and pinnaces; how beit notwithstanding all the occasion pretended for the defence of the realm, there were not any other ships staid at this time.

"The Company perceiving, by the course of things, from whence these evils moved, upon the 5th of March, 1623, became earnest suitors to the said duke for a releasement of their said

prisonments, but the judge took time to consider of it. The Company finding by these extraordinary and extreme courses, the drift of the duke, whose greatness and power seemed unresistable, and his mind implacable, without satisfaction to his own content, and withal observing what a strait they were cast into, by reason of the stay of their ships; which, if it were much longer, they must needs lose their voyage utterly for this year, and the very unloading of them would endamage them to the value of the sum extorted: And being told, that the eye of the state was upon this business, and that it would light heavy upon them; and hearing the duke protest, their ships should not go, unless they compounded with him; and finding that he made difficulty of releasing their ships, by saying, The parliament must be moved, before they could be discharged, albeit the wind were now fair for them. And making overture of some reasonable grounds of composition, by offering to grant letters of mart to the said Company for the future, against the subjects of the king of Spain, while yet the peace and treaty between his late majesty and the king of Spain, were not broken or dissolved.

ships and pinnaces; whereunto the said duke | Company, did again earnestly press their imreplied, That he had not been the cause of their stay but having heard the motion in the lords house, he could do no less than order as they had done: Yet to attain his ends, and put them in some hope of favour by his means; he told them withal, That he had something in his pocket might do them good, and willed them to set down what reasons they would for their suit, and he would acquaint the house there with Nevertheless about this time he presumed of himself at Theobalds, to give leave for the ships and pinnaces to fall down as far as Tilbury, there to attend such further directions as should be given unto them, with leave so to signify by word of mouth to the serjeant of the Admiralty, for that the duke had then no secretary with him. Thus somewhile by threatening of strong oppositions and terrors, and otherwhile by intimating hopes of favour, and good assistance, the duke sought to accomplish his purpose, yet prevailed not; and so the 10th of March, 1623, the king's advocate Dr. Reeves, advocate for the king and lordadmiral, made allegation in the Admiralty on the duke's behalf; and by his procurements, that it appeared by examinations there taken, that 15,000l. and more, piratically taken by the said Captain Blith and Wedel, aud their complices, upon the sea near Ormus, and in other parts within the jurisdictions of the Admiralty, was come into the possession of the treasurers of the East-India Company, and re-time pressing them on very hard, some consulmained in their hands, and prayed it might be attached; and the said treasurers be monished to appear the Wednesday then next following, and there to bring in the 15,000l. to remain in deposit with the register of that court.

"The same 10th of March, a Warrant issued forth accordingly directed to the marshal of the said court; and upon the same next Wednesday, the 17th of March, the said warrant was returned by the said marshal, that the day before he had attached the said monies in the hands of Mr. Stone, then present in the court, and had admonished him, and Mr. Abbot, the deputy-governor of that Company, and divers others then present, to bring the same into court. Upon the same Wednesday also, it was prayed by the king's advocate, That Mr. Stone, and all that had an interest in this money, might be pronounced as in contumacy, and therefore be arrested and detained until 15,000l. were brought into the register. Hereupon sentence of contumacy was pronounced, but the payment thereof was respited until Friday following. Upon which 17th of March, this sentence being pronounced, Mr. Stone, Mr. Abdy, and others, officers of the said Company, then present, informed how the Governor was lately dead, and buried but the day before; and that upon Wednesday then next following, they had appointed a Court for Election of a new Governor, and until then they could resolve of nothing, and therefore desired further respite. The Advocate nothing relenting at this reasonable excuse, and desire of the

"The said Company being intangled by the duke's subtilty, and overcome at last by the terror of his power and greatness, was drawn to make offer of 6,000l. to the said duke, which was rejected as a base offer. And now the

tations were had amongst them, Whether it were better for them to make use of a clause in their patent, allowing them three years to draw home their estates, and so to let their Company die, and be dissolved, or else to yield to the duke's desire: yet in conclusion, they were drawn in to offer him 10,000l. for their peace, if it could serve; which offer was made unto him accordingly, but at first he would not accept it; howbeit, about the 23rd of March, 1623, they agreed to give him the said 10,000l. which he accepted; and forthwith moving the lords of parliament, or acquainting them therewith, he retracted their ships, and gave them leave to depart on their voyage; which they accordingly did, setting sail the 27th day of the same month from the Downs. And afterwards upon the 5th of April, 1624, the duke signified unto the lords house of parliament, That his majesty, at the humble petition of the East India Company, had commanded him to discharge the East India ships, which he had once stayed, according to the order of this house, made the 1st day of March then last past; and moved, That the said order might be countermanded: and thereupon it was ordered, That the clerk of that house should cross the said order of the 1st of March out of his book, which was done accordingly; and afterwards the said 10,000l. was paid unto the said duke; which he received and accepted accordingly. And upon the 28th day of April aforesaid, suffered a colourable sentence in the Admiralty to be given against him for their discharge, in such sort, as by the

same sentence appeareth. And for a colour, nity. It remains therefore, that I should prove he sealed and delivered unto the said Company, unto your lordships only two things: first, that a deed of acquit ance or release of the said a pretence of right by the duke, if he had none, 10,000l. and of all his pretended rights against will not excuse him in this case; and in the them, as by the deed thereof also appeareth. next place, to slew by reason and good warAnd whereas it may be imagined by some mis- rant, that he had in law no right at all to release. conceit, that out of this an aspersion may be "For the former, I will rely upon the sublaid upon his late majesty, in regard the duke stance of two notable procedents of Judgments was pleased to say in the conference between in parliament, the one antient in the 10 Rich. both houses, 18 March last, That the said 2, at which time the commons preferred divers king had 10,000l. of the said Company, by oc- Articles unto the lords in parliament, against casion of this business. The house of com- Michael de la Pool, earl of Suffolk, lord chanmons have been very careful in their proceed- cellor of England, accusing him, amongst other ings in this, as in all other things they have, and things, by the first Article of his Charge, That ever shall be, to do nothing which may reflect while he was Lord Chancellor, he had refused upon the honour of their kings: and in this to give livery to the chief master of St. Anthoparticular, by that which hath been here at first ny's, of the profit pertaining to that order, till declared of the manner and occasion of the s id he had security from them, with sureties by regoods and monies taken from the said Portu- cognisance of 5,000!. for the payment of iool. gals, and receiving the same as aforesaid, while per an. to the earl, and to John his son, for the said peace was continuing, and the seid, their lives. The earl, by way of Answer, set treaties indissolved; it appeareth, that it had forth a pretended title in his son, to the cuf not been safe for the said Company to stand out mas ership of that order, and that he took that a suit concerning that business, wherein they 100l. per ann, as a composition for his son's might have need of his majesty's mercy and right. The commons replied, shewing amongst pardon, but it was both safe and good for tem other things, That the t king of money for that to give 10,000.; and it well stood with his which should have been done freely, was a selllate majesty's honour, for that sum to granting of the law, and so prayed judgment. In them a pardon, which he did, to their great con- conclusion, the pretended right of his son not tentment and satisfaction; and yet we find, bei g just or approved, the offence remained that this 10,000/ also was paid into the hands sit ge by itself as de of law and justice, as the of Mr. Oliver, the duke's servant, but ind not law tera eth it, and not a composition for the any record, by which it deth appear unto us, release of his interest. So the earl for this, that ever it came unto his late majesty's use. amongst the rest, was sentenced, and greatly And it is observable in this case, that the op-punish d, as by the Records appeareth. pression fell upon the same Company shortly "The other precedent of like nature, is more after the great affliction which happened unto modern, in the Case of the earl of Middlesex, some of them at Amboyna in the East I dcs, 1-te loid Treisurer of En_land, † who was by means of the Dutch, which might have moved charge by the commons in parliament, and a noble mind, rather to pity than pucis the ton mitted to your lordships for taking of 500!. Company, after such a distress so 1. tely sudered. of the Farmers of the Great Customs, as a "Having now finished the narrative part Le- | B.ibe, for abowing of that security for paylonging to this Charge, I shali observe unto your ment of their rent to the late king's majesty, lordships upon the whole matter, te nature of which, without such reward of 500l. he had the duke's offences by this Article complain, d, formerly refused to allow of. The earl preof, and what punishment it may deserve. Isten ed for Limself, That he had not only default consisteth in the unjust extorting a d receiving the 10,000l. from the East India Company against their wills, by colour of his office. Yet, as offenders in this kind have commonly some colour to disguise and mask their corruptions, so had he: his colour was the release of his pretended right to the tenth part, or some other share of the goods, supposed to be pira'ically taken at sea by the captain, and the servants, or the Company: and though his lordship may perhaps call his act therein, a lawful composition, I must crave pardon of your lordships to say thus, that if his supposed right had been good, this might peradventure have been a fair composition: the same pretence being unsound, and filling away, it was a mere naked bribe, and an unjust extortion; for if way should be given to take money by colour of relcases of pretended rights, men, great in power and in evil, would never want means to extort upon the meaner sort at their pleasures, with impu

|

that 500, but 5007. more, in all 1,000l. of those formers, for a release of his claim, to four of two and thirty parts of that farin: but, upon the proof, it appearing to your lordships, that he had not any such part of that farm as he pretende, it was on the thirteenth day of May, in the 22d year of his late majesty's reign, adjudged by your lordships in parliament, which I think is yet fresh in your memories, That the carl for this, amongst other things, should undergo many grievous censures, as appeareth by the records of your lordships house, which I have lately seen and perused.

"And now being to prove, that the said Duke had no title to any part of the goods by im claimed against the East-India con pany, I shall easily make it manifest, if his lordship's pretence by his own allegation in the admiralty

*See vol. 1, p. 89.

See p. 1183 of this volume.

2. By law; so are the statutes of this kingdom, and more especially in 27 Edw. 3, 13. whereby it was provided, That if any merchant, privy or stranger, be robbed of his goods upon the sea, and the same came after-active war against the king of Spain, and his wards into this realm, the owner shall be received to prove such goods to be his, and upon proof thereof, shall have the same restored to him again.

4. The Marigold of 300 tuns, Thomas Davieser, in the service, so that the whole time did captain. 5. The Loyalty, of 300 tuns, Jasper; Dare captain. 6. The Peter and John, of 350 tuns, John Davies captain. 7. The Git of God, of 300 tuns, Henry Lewen captain.

not exceed 18 montis, 6. That they should periait the French to have the absolute command of their ships, for fights and voyages.'

"And it was amongst the sad Articles, besides other things, cover anted and agreed by the said marquis D' Effat; as, for and on the behalf of the French king, to this effect, namely, 1.

That there should be paid to every owner a mouth's freight in hand, after the rate agreed on; and freight for two months more after the same rate, wiLin fifteen days after the date of the Articles; the con putation of 'the months, to begin from the 28th of March. 2. And that the ships should be ready in a certain form prescribed at the end of the service.'

"Also about the same time a contract was made by and between sir John Cook, and other the commissioners of his majestys navy, as in behalf of his majesty for his said ship the, Vantguard, and on behalf of the captains, mas ters, and owners of the said seven merchants ships, but without their privity or direction, for the service of the French king, upon conditions to be safe and reasonable for our king, this realm and state; as also for the said captains, masters, and owners of the said seven merchants ships, and for the companies. For sir Jonn Cook drew the Instructions, for the "When all things were in a readiness for direction of the said contract; which Instruc- circumvention and surprisal, the owners, captions passed and were allowed by the king, and tains, and masters of the said hips, then, and such of the council, as were made acquainted not before, they were suddenly pressed to seal therewith, and used in this business, in which the counterparts of the prepared Articles; and Instructions, as sir John Cook hath since al- they were about the same time released and ledged in the house of commons, there was discharged from the imprest of his majesty's care taken for provision to be made, that the service, and acquainted an i designed to serve said ship of his majesty called the Vantguard, the French king, the said three months pay be should not serve against the city or inhabitants ing offered, and afterwards paid unto them of Rochel, or those of the religion in France; before-hand, as a bait to draw on and intangle nor take into her more men of the French, than them in the business. Nevertheless, the capshe could from time to time be well able to tains and owners of the said merchants ships command and master. But whether the in-doubted upon some points, (to wit) first, against structions for the merchants ships, and the whom they should be employed. Secondly, king's said ship, were all one, is not yet de- What foreign power they should be bound to clared unto the commons; how beit, it appear-take into their ships. And thirdly, What suffieth not, but that the intent of our king and cient security they should have for that freight, state was, to be alike careful for both. Never- and re-delivery of their ships. theless a form of articles, dated the 25th day of March, in the 23d year of his said late majesty's reign, was prepared, ingrossed, and inade ready to be sealed, without the knowledge of the captains, master, and owners of the said merchants ships, between the said marquis D'Etat the ambassador, on the one part, and the several owners of the said merchants ships respectively, on the other; viz. A several Writing or Instrument for every of the said ships respectively, whereby amongst other things, as by the same appeareth, it was coveranted and agreed by, and on the part and behalf of the owners, to and with the said marquis D'Effiat, to this effect, namely,

"But there were private Instructions given to capt. John Pennington, captain of the king's ship the Vantguard; as for him and the whole fleet, that he should observe the first Instructions, to wit, not to serve against those of the religion, and to take into his ship no more French-men than they could master. The pretence of Genoua, and these private instruments for Pennington, were but a further artifice of the duke's to draw the ships into France, and to conceal the breaking forth of the matter here in England: and the more to endear them, and confirm them in an opinion of right intention, they were commanded to conceal these private Instructions, as if the duke and his "1. That their said ships respectively, with agents had trusted them more than they did the a certain number of men for every of them ambassadors: by these and other like cunning limited, with ordnance, munition, and other and undue proceedings of the said duke, the necessaries, should be ready for the French said marquis D' Emat sealed one part, and the king's service the 13th of April then next fol- owners of the said merchants ships respectively lowing. 2. That they should go in that ser- sealed the other parts of the said pretended 'vice under a French general, to be as captain articles, trusting they should not be bound to in every of the said merchants ships respec- the strict performance thereof, by reason of tively; of the appointment of the French the said private Instructions to the contrary. king, or his ambassador. 3. That they should After the passing of these articles, the said ships serve the French king against any whomso- being formerly ready, the said duke May 8, ever, but the king of Great Britain. 4. That 1625, made a warrant under the great seal, they should take in as many soldiers into to call the companies aboard which had been 'their said several ships as they could stow or raised and fitted for the said French service, carry, besides their victual and apparel. 5. according to former instructions, and with first That they should continue six months, or long-opportunity to go to such port as the French