and, upon security, she had been then deliver-, ed, if it had been given; and security was once offered, but afterwards retracted: and when all the witnesses 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 thereupon the duke instantly give, 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 sufficiently appear, that he hath not done any thing here in, on his part, which was not justifiable, and grounded upon deliberate and well-advised counsels and warrant. But for the doing of this to his own lucre and advantage, he utterly demeth it; for he saith, that there was nothing removed out of the ship, but some monies, and some small boxes of stones of very mean value, and other small portable things lying above the deck, easily to be embezzled and whatsoever was taken out of the ship, was first publicly shewed to his majesty himself, and thence committed 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; whercof the money was employed for the king's immediate service, and by his direction, and the rest was left in safe-keeping; and are all since delivered and reimbursed 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 embargo of the ships and goods of our merchants trading in France, he saith, That it is utterly mistaken; for divers of their goods were embargoed before this happened; and if, in truth, the French had therein received that loss, as either they pretend, or is pretended from them; yet the embargoing of the goods of the English upon that occasion, was utterly illegal and unwarrantable; 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 embargo. So that the duke doth humbly leave it to the consideration of your lordships, whether the harm which hath happened to our merchants, hath not been more occasioned by the unseasonable 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. "VI. To the Sixth Article, which consisteth of two main points, the one of the extorting of 10,000/ unjustly, and without right, from the East-India Company; the other, admitting the duke had a right as lord admiral, the compassing it by undue ways, 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, appear upon proof:-About the end of Michacimas term, 1693, the duke had information given hin, by a principal member of their own company, that the company had made a great advantage to themselves in the seas of EastIndia, and other parts of Asia and Africa, by rich prizes gotten there forcibly from the Portuguese, and others; and a large part thereof was due to his majesty and to the duke as admiral, by the law; for which, neither 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 counsel, In the months of Dec. and Jan. in that year, divers witnesses were examined in the admiralty, according to the ordinary course of that court, to instruct and furnish informative processes in this behalf. After the 10th of March, 1623, an action was commenced in the court, in the joint names of his majesty and the admiral, grounded upon the former proceeding; this was prosecuted by the king's advocate, and the demand, at first, was 15,000l. The action being thus framed in botly their names, by advice of counsel, because it was doubted in the judg ment of the counsel, whether it did more properly belong to the one, or the other, or to both; and such form of entering that action being most usual in that court, on the 28th of April 1624, the judicial agreement and sentence passed thereupon in the admiralty court, wherein the company's 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 company's 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 probable as the company willingly desired it for their peace, so the manner was just and honourable; your lordships are humbly intreated to observe these few true circumstances: the suit in the admiralty began divers months before the first mention of it in parlia ment; and some months before the beginning of it in that parliament, it was prosecuted in a legal course, and upon such grounds as will yet be maintamed to be just. The composition 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 company, without any compulsion at all, agreed to the composition, not that they were willing to give so much, if they might have escaped for nothing, but that they were willing to give so mach, rather than to hazard the success of the suit: and upon this composition, so 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 company's ships then ready pre That these ships were lent to the French king at first, without the duke's privity that when he knew it, he did that which belonged to an admiral of England, and a true Englishman: and he doth deny that, by menace or compulsion, or any other indirect or undue practice or means, he, by himself, or by any others, did deliver 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 ways injurious or dishonourable, or dangerous to this state, or prejudicial to any private man, interested 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." pared and furnished, was not out of any respect, to draw them the rather to the composition; but really out of an apprehension, 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 public interest. These ships, upon the importunity of the merchants, and reasons given by them, were suffered, nevertheless, to fall down to Tilbury, by his late majesty's directions; to speed their voyage the better, whilst they might be accommodated for this voyage, without prejudice to the public safety; and 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 accordingly did. That the motion made in the Commons' house, was without the duke's knowledge or privity. That when there was a rumour that the duke had drawn on the composition by staying of the ships which were then gone, the duke was so much offended thereat, that he would have had the former composition to have broken off, and have proceeded in a legal course; and he sent to the company for that purpose; but the company gave him satisfaction, that they had raised no such rumour, nor would, nor could avow any such thing, and intreated him to rest satisfied with such public acts to the contrary. That after this, their ships being gone, and, being careful of their future security, they solicited 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 2001. thereof only) was borrowed by the king, and employed by his own officers, for the service of the navy. If these things do, upon proof, appear to your lordships, as he is assured they will, he humbly submitteth it to your judgments, how far verbal affirmations or informations extrajudicial, shall move your judgments, when judicial acts, and those things which were acted and executed, prove the con-religion there do, and will, acknowledge the trary." "VII. To the Seventh Article, which is so mixed with actions 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 discourse of his; which, in reason of state, will haply be conceived fit to be more privately handled.* Since the duke's Answer delivered into the house, he hath himself openly declared to their lordships, that for the better clearing of his honour and fidelity to the state, in that part "VIII. To the Eighth Article, wherein he is taxed to have practised for the employment of the ships against Rochel, he answereth ;That he was so far from practising or consenting that the said ships should so be employed, that he shall make it clearly appear, that when it was discovered that they would be employed against those of the religion, the protestation of the French king being otherwise, and their pretence 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 endeavours, 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 intention, and contrary to the faithful promises of the French, they were so misemployed, 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 majesty's honour might otherwise suffer; which intercession his majesty did so sedulously, and so successfully pursue, that the town and the fruits thereof. And whereas it is further objccted against him, That when in so unfaithful a manner he had delivered those ships into the power of a foreign state, to the danger of the of his Charge which is objected against him by this Seventh Article, he hath been an earnest and humble suitor to his majesty, to give him leave in his proofs, to unfold the whole truth and secret of that great action; and hath obtained his majesty's gracious leave therein : and accordingly doth intend to make such open and clear proof thereof, that he nothing doubteth, 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. religion, and scandal and dishonour of our nation, which he utterly denieth to be so, that to mask his ill intentions, in a cunning and cautelous manner, he abused the parliament at Oxford, in affirming before the committee 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 jealousy of the mis-employing of those ships, the duke having no knowledge thereof, and knowing well what the promises of the French king were, but was not then seasonable to be published, he hoping they would not have varied from what was promised, did say, that the event would show that it was no undertaking for them; but a declaration of that in general terms which should really have been performed, and which his majesty had just cause to expect from them. "IX. To the Ninth Article, That the duke did compel the lord Robartes to buy his Title of Honour ;-He utterly denieth it; and he is very confident, the lord Robartes 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 Robartes was willing before to have given a much greater sum, but could not then obtain it; and he did now obtain it by solicitation of his own agents. "X. To the Tenth Article, for the selling of Places of Judicature by the duke, which are specially instanced in the Charge, he answereth;-That he received not, nor had a penny of either those sums to his own use; but the truth is, the lord Mandeville was made lord treasurer by his late majesty, without contracting for any thing for it; and after that he had the office conferred upon him, his late majesty moved him to lend him 20,000l. upon promise of repayment at the end of a year; the lord Mandeville yielded it, so as he might have the duke's word that it should be repaid unto him accordingly. The duke gave his word for it; the lord Mandeville 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 money was 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 Mandeville left that place, and his money was not repaid unto him, he urged the duke upon his promise; whereupon 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 Mandeville for bis security: but when the duke was in Spain, the lord Mandeville obtained a promise from his late majesty of some lands in free 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 Mandeville delivered back unto him the security of the duke's lands, which had been given unto him as aforesaid. And for the 6,000l. supposed to have been received by the duke, for procuring to the earl of Middlesex the mastership of the wards, he utterly denieth it; but atferwards he heard that the earl of Middlesex did disburse 6,000l. about that time, and his late majesty bestowed the same upon sir Henry Mildmay, 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. "XI. To the Eleventh Article the duke answereth; That it is true, that his late majesty out of his royal favour unto him, having honoured the duke himself with many titles and dignities of his bounty; 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 ennoble their mother, who was the stock that bare them. The title of countess of Bucks, bestowed upon his mother, was not without precedent; and she hath nothing from the crown but a title of honour which dieth with her. The titles bestowed on the viscount Purbeck, the duke's elder brother, were conferred upon him, when he was a servant of the bed-chamber to his now majesty then prince, by his highness's means: the earl of Anglesey was of his late majesty's bedchamber; and the honours and lands conferred on him were done when the duke was in Spain. The earl of Denbigh hath the honours mentioned in the Charge; but he hath not a foot of land which came from the crown, or of the king's grant. But if it were true that the duke had procured 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 excuse; 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. "XII. To the Twelfth 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, kis most excellent majesty that now is, and their posterity, that he shall willingly render back whatsoever he hath received, together with his life, to do them service: but for the immense suns and values which are suggested to have been given unto him, he saith, There are very great mistakings in the calculations, which are in the schedules in this article mentioned; unto which the duke will apply particular answers in another schedule, whien shall express the truth of every particular, as near as he can col lect 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 receiv ed, though he confesseth that they exceed his merit, yet they exceed not precedents of former times. But whatsoever it is he hath, or hath had, he utterly denieth that he obtained the same, or any part thereof, by any undue solicitation or practise, or did unduly obtain any release of any sums of money he received; but he having, at several times, and upon seve ral occasions, disposed of divers suns of the moneys of his late majesty and of his majesty that now is, by their private directions, he hath releases thereof for his discharge; which was honourable and gracious in their majesties, who granted the same for their servant's indemnity; aad 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. wards, when the king grew somewhat worse than before, the duke heard a rumour as if his physic had done the king hurt, and that the duke had ministered that physic 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 atfirmed. And here the duke humbly prayeth all your lordships, not only to consider the truth of this Answer, but also to cominiserate the sad thought which this Article had revived in him. "This being the plain, clear, and evident truth of all those things which are coutained and particularly expressed in his Charge, the rest being general and requiring no Answer: "XIII. To the Thirteenth Article of the and he being well assured that he hath herein Charge, which is set forth in such an expression affirmed nothing which he shall not make good of words, as might argue an extraordinary guil- by proof, in such way as your lordships shall ditiness in the duke; who by such infinite bonds rect, doth humbly refer it to the judgment of of duty and thankfulness, was obliged to be your lordships, how full of danger and prejudice tender of the life and health of his most dread it is to give too ready an ear, and too easy and dear sovereign and master, he maketh this a belief unto reports or testimony without oatli, clear and true answer,-That he did neither which are not of weight enough to condemu apply nor procure the plaister or posset-drink, any. He humbly acknowledgeth how easy it in the Charge termed to be a potion, unto his was for him in his younger years, and unexpelate majesty, nor was present when the same rienced, to fall into thousands of errors in those was first taken or applied; but the truth is this; ten years wherein he had the honour to serve that his majesty being sick of an ague, took so great and open-hearted a sovereign and masnotice of the duke's recovery of an ague not ter; but the fear of Almighty God, his sincerity long before, and asked him how he had recover- in the true religion established in the church ed, and what he found did him most good? of England, (though accompanied with many The duke gave him a particular answer thereto, weaknesses and imperfections, which he is and that one, who was the earl of Warwick's not ashamed humbly and heartily to confess) physician, had ministered a plaister and posset- his awfulness, not willing to offend so good and drink to him; and the chief thing that did him gracious a master, and his love and duty to his good was a vomit; which he wished the king country, have restrained and preserved him, had taken in the beginning of his sickness. he hopeth, from running into heinous and high The king was very desirous to have that plais- misdemeanours and crimes: but whatsoever, ter and posset-drink sent for; but the duke upon examination and mature deliberation, delayed it: whereupon the king impatiently they shall appear to be; lest in any thing, asked, Whether it was sent for or not? And unwittingly, within the compass of so many finding by the duke's speeches he had not sent years, he shall have offended, he humbly prayfor it, his late majesty sent J. Baker the duke's eth your lordships, not only in those, but as servant, and, with his own mouth, commanded to all the said misdemeanors, misprisions, ofhim to go for it: whereupon the duke besought fences, and crimes wherewith he standeth his majesty not to make use of it but by the charged before your lordships, to allow him the advice of his own physicians, nor until it should benefit of the free and general Pardon granted be tried by James Palmer, of his bed-chamber, by his late majesty in parliament in the 21st who was then sick of an ague, and upon two year of his reign, out of which he is not exceptchildren in the town; which the king said he ed; and of the gracious Pardon of his now mawould do.. In this resolution the duke left hisjesty granted to the said duke, and vouchsafed majesty and went to London; and in the mean time, in his absence, the plaister and possetdrink was brought and applied by his late majesty's own command. At the duke's return his majesty was in taking the posset-drink, and the king then commanded the duke to give it him; which he did in 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 thinks this was the second time the king took it. After in like manner to all his subjects at the time of his most happy inauguration and coronation : which said Pardon, under the Great Seal of England, granted to the said duke, beareth date the 10th day of February now last past, and is here shewn forth unto your lordships, on which he doth most humbly rely; and yet he hopeth your lordships, in your justice and honour, upon which with confidence he puts himself, will acquit him of and from those misdemeano s, offences, misprisions, and crimes wherewith he hath been charged; and he hopeth, and will daily pray, that for the future he shall, by God's. The Earl, having concluded his Speech, grace, so watch over his actions, both public livered a Petition, which was read, in i and private, that he shall give no just offence, verba: to any." [Here follows the Answer of the Duke to these Grants and Gifts contained in the Schedule referred to in the 12th Article.] After the reading of the above Answer, the Duke made a short speech, desiring their lordships to expedite the examination of his cause, and then withdrew himself and departed. I Further Proceedings in the Earl of Bristol's TRIAL. "To the right honourable the lords of the be house of parliament. The humbie Fetit of John Earl of Bristol. "1. Humbly beseeching your lordships the you will be pleased to declare, wheter te matter of the Charge against him be Trust it not to be Treason, that the words Tran or no; and that if your lordships shall adm and traiterously' may be struck out o'e Charge; and some such course taken, 2`. your lordships shall seem meet for the speer prosecution and bringing of the cause to beering. 2. That his own and sir Walter Astadispatches might be brought into the ot (being his chiefest evidence) to be used ach defence. 3. That if Mr. Attorney, by is m ply, shall give the earl occasion to declare, his justification, such matters of secrecy and mysteries of state as are not proper to be a vulged; your lordships will then be pleased t move his majesty to signify his pieasure, whom and in what manner it shall be declared 4. And that the earl may have leave to c with Mr. Maxwell to the house, or wait a the committees when he shall find it nee for the prosecution of his cause, attending lordships leisure. "BRISA The Petition being read, the Earl was 12drawn, and the house being put into a coz. i mittee, it was read again in parts, and flyer bated: the house being resumed, it was pr again; and these four Answers were made ant the four several parts of the said Petition. ལ June 8, p. m. The earl of Bristol, being before their lordships at the bar, desired leave to move two points: the one, touching the Charge | of Treason against himself; the other, touching the Articles exhibited by him, (as an ambassa- | dor) against the duke of Buckingham,for his unfaithfulness to the king and state.-As touching the first, he made a large discourse, shewing the manner of his restraint, as in his former speech; of May 6th, and that he was not charged with Treason until he first exhibited his Petition to the house, wherein he accused the duke of Buckingham; and that thereupon he was inmediately sent for up as a delinquent, contrary to all former proceedings that he ever observed; and it being contrary to the order of this house, to be restrained of his liberty, unless it be for treason or the like, he is therefore charged with treason; and hereupon he besought their lordships to consider how prejudicial this precedent might prove to all their liberties; and that he might have a speedy trial by parliament, for that he feared no man would be of his counsel if the parliament were once ended; and that it might be determined whether his case be trea-ordered as followeth, viz.-" 1. The boleti son or not.-As touching the duke of Buckingham, he shewed that his accusation of him is no recrimination, for he originally intended it two or three years since; neither liath the duke any Charge depending against him. Then he recited the particulars of Mr. Attorney's Charge against him, and that, whereas he is charged with the prince's journey into Spain, with sceking to convert the prince to popery, and the loss of the Palatinate; he doth charge the duke with plotting with Gondomar, to bring the prince into Spain and to convert him to popery: and that the duke is in more fault than any other for the loss of the Palatinate.-And that whilst he was in Spain, he wrote to the late king of the duke's unfaithfulness; so that it cannot now be said to be a recrimination.--That yet he is restrained and used as a traitor; and contrariwise, the duke of Buckingham, accused of treason by him, (a public minister of state) hath his liberty.-Then he made two requests unto their lordships; the one, that there might be an equality between him and the duke herein; the other, that Mr. Attorney might proceed against the duke upon his accusation; and he would not only prove the duke's unfaithfulness to the late king and his majesty; but that the Narration which the duke made to both houses in the late parliament is very false." sit to-morrow at eight, and such witnessst be sworn as Mr. Attorney or the carl of Brat shall procure; and then the committee to pro ceed to take the examinations; and the As swer to the rest of this part of the Petitat be referred to further consideration, after a li examination taken by the committee, and ported to the house. 2. All such dispatches a Mr. Attorney shall make use of against dif earl, to be used by the said earl for his deferer and the house to be suitors to the king for any other dispatches, to be brought hither for the said earl's defence, as he shall particular name. 3. When any such occasion shall be offered, the house will then consider what court to take herein. 4. This is to be granted." These being thus agreed and undered by the house, and their lordships having also agreed to give the earl of Bristol a reason why the first } part of his said Petition is not fully answered; | the earl of Bristol was brought again before their lordships, and the lord keeper signinet the said orders unto him: and, having read the first, told him, That the house had not fully granted the first part of this Petition, for twe reasons, both in favour to his lordship: the 1st, that they are loth to proceed to declar their opinions or judgments upon the bare Charge of Mr. Attorney, before the true cas |