The said Duke of Bucks being accused, and sought to be impeached before your Lordships of the many misdemeanours, misprisions, offences, and crimes, wherewith he is charged by the Commons House of Parliament, and which are comprised in the articles preferred against him, and were aggravated by those whose service was used by that house in the delivery of them; doth find in himself an unexpressible pressure of deep and hearty sorrow, that so great and so worthy a body should hold him suspected of those things that are objected against him; whereas had that honourable house first known the very truth of those particulars, whereof they had not there the means to be rightly informed, he is well assured, in their own true judgments, they would have forborne to have charged him therewith. But the integrity of his own heart and conscience, being the most able and most impartial witness, not accusing him of the least thought of disloyalty to his sovereigns or to his country, doth raise his spirits again to make his just defence before your Lordships; of whose wisdom, justice, and honour, he is so well assured, that he doth with confidence and yet with all humbleness, submit himself and his cause to your examinations and judgments; before whom he shall, with all sincerity and clearness, unfold and lay open the secrets of his actions and of his heart; and, in his answer, shall not affirm the least substantial, and as near as he can the least circumstantial point, which he doth not believe he shall clearly prove before your Lordships.
The charge consisteth of thirteen several articles; whereunto the Duke, saving to himself the usual benefit of not being prejudiced by any words or want of form in his answer, but that he might he admitted to make further explanation and proof as there shall be occasion; and saving to himself all privileges and rights belonging to him as one of the peers of the realm; doth make these several and distinct answers following, in the same order they are laid down unto him:—
1. To the first which concerneth the plurality of offices which he holdeth, he answereth thus: That it is true he holdeth those several places and offices which are enumerated in the preamble of his charge; whereof only three are worthy the name of offices; videlicet, the Admiralty, the Wardenship of the Cinque Ports, and Mastership of the Horse. The others are rather titulary, and additions of honour. For these offices he humbly and freely acknowledgeth the bounty and goodness of His Most Gracious Majesty who is with God; who, when he had cast an eye of favour upon him, and had taken him into a more near place of service about his royal person, was more willing to multiply his graces and favours upon him than the Duke was forward to ask them; and for the most part, as many honourable persons, and his own most excellent Majesty above all others can best testify, did prevent the very desires of the Duke in asking.
And all these particular places he can and doth truly affirm, his late Majesty did bestow them of his own royal motion (except the Wardenship of the Cinque Ports only), and thereto also he gave his approbation and encouragement. And the Duke denieth that he obtained these places either to satisfy his exorbitant ambition or his own profit or advantage, as is objected against him; and he hopeth he shall give good satisfaction to the contrary, in his particular answers ensuing, touching the manner of his obtaining the places of Admiralty, and the Wardenship of the Cinque Ports; whereunto he humbly desireth to refer himself. And for the Mastership of the Horse to His Majesty, he saith it is a mere domestic office of attendance upon the King's person, whereby he receiveth some profit, yet but as a conveniency to render him more fit for his continual attendance. And in that place, the times compared, he hath retrenched the King's annual charge to a considerable value, as shall be made apparent. And for the number of places he holdeth, he saith that, if the Commonwealth doth not suffer thereby, he hopeth he may, without blame, receive and retain that which the liberal and bountiful hand of his master hath freely conferred upon him; and it is not without many precedents, both in ancient and modern times, that one man eminent in the esteem of his sovereign, hath at one time held as great and as many offices; but when it shall be discerned that he shall falsify or corruptly use those places or any of them, or that the public shall suffer thereby, he is so thankful for what he hath freely received, that, whensoever his gracious master shall require it, without disputing with his sovereign, he will readily lay down at his royal feet, not only his places and offices, but his whole fortunes and his life to do him service.
2. For his buying of the Admiral's place, the said Duke maketh this clear and true answer:—
That it is true, that in January, in the sixteenth year of his late Majesty's reign, his late Majesty by his letters patent under the great seal of England, granted unto the Duke the office of Admiralty, for his life, which grant, as he well knoweth it was made freely, and without any contract or bargain with the late Lord Admiral, or any other, and upon the voluntary surrender of that noble and well-deserving lord, so he is advised it will appear to be free from any defect in law, by reason of the statute of 5 Ed. VI, mentioned in this article of his charge, or of any other cause whatsoever. For he saith, that the true manner of his buying this office, and of all the passages thereof, which he is ready to make good by proof, was thus: That honourable lord, the Earl of Nottingham, then Lord Admiral, being grown so much in years, and finding that he was not then so able to perform that which appertained to his place, as in former times he had done to his great honour, and fearing lest His Majesty's service and commonwealth might suffer by his defeat, became an humble and earnest petitioner to his late Majesty, to admit him to surrender his office. His late Majesty was, at the first, unwilling unto it, out of his royal affection to his person, and true judgment of his worth. But the Earl renewed his petitions, and in some of them nominated the Duke to be his successor, without the Duke's privity or forethought of it. And about that time a gentleman of good place about the Navy, and of long experience, of himself came to the Duke, and earnestly moved him to undertake the place. The Duke apprehending the weight of the place, and considering his young years and want of experience to manage so great a charge, gave no ear unto it; but excused it, not for form, but really and ingenuously out of his apprehension of his then unfitness for it. This gentleman not thus satisfied, without the Duke[8] applied himself to the late King, and moved His Majesty therein, and offered reasons for it, that the Duke was the fittest man at that time, and as the state of the Navy then stood, for that place; for he said it was then a time of peace; that the best service could be done for the present was to repair the navy and ships royal, which then were much in decay, and to retrench the king's charge, and to employ it effectually; and that before there was personal use of service otherwise, the Duke, being young and active might gain experience, and make himself as fit as any other; and that, in the mean time, none was so fit as himself, having the opportunity of His Majesty's favour, and nearness to his person, to procure a constant assignment and payment of monies for the navy, the want whereof was the greatest cause of the former defects. These reasons persuaded his late Majesty, and upon His Majesty's own motion, persuaded the Duke to take the charge upon him. And therefore the Earl, voluntarily, freely and willingly, and upon his own earnest and often suit, surrendered his place, without any precedent contract or promise whatsoever that might render the Duke in the least degree subject to the danger of the law (which was not then so much as once thought upon); and upon that surrender, the grant was made to the Duke. But it is true, that His Majesty, out of his royal bounty, for recompence of the long and faithful service of the said Earl, and for an honourable memory of his deserts to him and the Crown of England, did grant him a pension of ten thousand pounds per annum, for his life; which in all ages hath been the royal way of princes, wherewith to reward ancient and well-deserving servants in their elder years, when, without their own faults, they are become less serviceable to the state. And the Duke also, voluntarily and freely, and as an argument of his noble respect towards so honourable a predecessor, whom to his death he called father, whose estate, as he then understood, might well bear it, with his late Majesty's privity and approbation, did send him three thousand pounds in money; which he hopeth no person of worth and honour will esteem to be an act worthy of blame in him. And when the Duke had thus obtained this place of great trust, he was so careful of his duty that he would not rely upon his own judgment or ability; but of himself humbly besought his then Majesty to settle a Commission of fit and able persons for the affairs of the Navy, by whose counsel and assistance he might manage that weighty business with the best advantage for His Majesty's service; which commission was granted and still continueth; and without the advice of those commissioners he had never done any thing of moment; and by their advice and industry he hath thus husbanded the King's money, and furthered the service; that whereas the ordinary charge of the Navy was four and fifty thousand pounds per annum, and yet the ships were very much decayed, and their provisions neglected; the charge was reduced to thirty thousand pounds per annum; and with that charge the ships all repaired and made serviceable, and two new ships builded yearly; and for the two last years, when there were no ships built, the ordinary charge was reduced to twenty-one thousand six hundred pounds per annum; and now he dare boldly affirm, that His Majesty's Navy is in better state by much than ever it was in any precedent time whatsoever.
3. For his buying the Wardenship of the Cinque Ports, he maketh this plain ingenuous and true answer:—
That in December, in the two and twentieth year of his late Majesty's reign, he obtained the office of Lord Warden of the Cinque Ports, and Constable of the Castle of Dover (being one entire 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 Dorset, deceased; but he was not willing to part with it without recompence; notice whereof coming to the Duke, by an offer from the Lord Zouch, he, finding by experience how much and how many ways both the King's service might and many times did suffer, and how many inconveniences did arise to the King's subjects, in their goods and ships and lives, by the intermixture of the jurisdiction of the Admiralty and Wardenship of the Cinque Ports, by the emulation, disaffection and contention of their officers, as will clearly appear by these particulars, amongst many others that may be instanced.
(1) Where the Admiral's jurisdiction extends generally to all the narrow seas, the Warden of the Cinque Ports hath and exerciseth Admiral jurisdiction on all the sea coasts from Showe Beacon[9] in Essex, to the Red Noore[10] in Sussex; and within those limits there have been continual differences between the Lord Admiral and the Lord Warden, whether the Lord Warden's jurisdiction extends into the main sea, or only as far as the low water mark, and so much further into the sea as a man on horseback can reach with a lance; which occasioneth questions between those chief officers themselves.
(2) There are many and continual differences in executing warrants against offenders; the officers of the one refusing to obey or assist the authority of the other: whereby the offender, protected or countenanced by either, easily escapeth.
(3) Merchants and owners of goods questioned 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 hindered; for the usual rendezvous of the King's ships being at the Downs, and that being within the jurisdiction of the said 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 on the Goodwins, or other places within view of the portsmen, they have refused to help with their boats lest the King's ships should command them on board; whereby many ships have perished, and much goods have been lost.
(6) When the 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 jurisdiction of the Cinque Ports; and so whilst the officers dispute the opportunity of the service is lost.
(7) When the King's ships lye near the Ports, and the men come on shore, the officers refuse to assist the captains to reduce them to their 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 portsmen are the best experienced, they will not serve without the Lord Warden's or his lieutenant's warrant, who perhaps are not near the place.
(9) When for great occasions for the service of the State, the Lord Admiral and the Lord Warden must both join their authority; if the officers for want of true understanding of their several limits and jurisdictions, mistake the warrants, the service which many times can brook no delay is lost, or not so effectually performed.
For these, and many other reasons of the like kind the Duke, not being led either with ambition or hope of profit, as hath been objected (for it could be no increase of honour unto him, having been honoured before with a greater place; nor for profit, for it hath not yielded him in a manner 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 do the King and kingdom service, and prevent all differences and difficulties, which heretofore had, or hereafter might, hinder the same; he did entertain that motion: And doth confess, that not knowing, nor 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, because 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 Lord Duke of Richmond was dead, his late Majesty directed the Duke of Buckingham to go through for that place; and, for the reasons aforementioned, to put both these offices together; and to give the same consideration to the said Lord which the Duke of Richmond 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 of it, he humbly submitteth to judgment: And he humbly leaves it to your lordships' judgments, in what third way, an ancient servant to the Crown, by age and infirmity disabled to perform his service, can in an honourable course relinquish his place; for if the King himself gave the reward, it may be said it is a charge to the Crown; if the succeeding officer give the recompence, it may be thus objected to be within the danger of the law: And howsoever 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 precedents, that, in former times of great employment, both these offices were put into one hand, by several grants.
4. To this article whereby the not guarding of the narrow seas, in these last two years, by the Duke, according to the trust and duty of an Admiral, is laid to his charge, whereof the consequence[s], supposed to have been merely through his default, are the ignominious infesting of the coast with pirates and enemies, the endangering of the dominion of those seas, the extreme loss of the merchants and decay of the trade and strength of the kingdom:—
The Duke maketh this answer. That he doubteth not but he shall make it appear, to the good satisfaction of your lordships, that, albeit there hath happened much loss to the King's subjects, within the said time of two years, by pirates and enemies, yet that hath not happened through the neglect of the Duke, or want of care or diligence in his place; for whereas, in former times, the ordinary guard for the narrow seas hath been but four ships, the Duke hath, since hostility began, and before, procured their number to be much increased; for since June 1624, there hath never been fewer than five of the King's ships, and ordinarily six, besides pinnaces, merchant ships and drumblers; and all these well furnished and manned, sufficiently instructed and authorized for the service. He saith he hath, from time to time, upon all occasions, acquainted His Majesty and the Council Board therewith, and craved their advice, and used the assistance of the commissioners for the Navy in this service; and for the Dunkirkers, who have of late more infested these coasts than in former years, he saith there was that providence used for the repressing of them, that His Majesty's ships and the Hollanders joined 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 Majesty's ships, or men of war, were never yet mastered or encountered by them, nor will they endure the sight of any of our ships; and when the Duke himself was in person, the Dunkirkers came into their harbours. But there is a necessity that, according to the fortune of wars, interchangeable losses will happen; yet hitherto, notwithstanding their more than wonted insolency, the loss of the enemy's part hath been as much if not more, than what hath happened unto us; and that loss which hath fallen hath chiefly come by this means, that the Dunkirkers' ships being of late years exercised in continual hostility with the Hollanders, are built as fit for flight as for fight, and so they pilfer upon our coasts, and creep to the shore, and escape from the King's ships; but to prevent that inconveniency for the time to come, there is already order taken for the building of some ships, which shall be of the like mould, light and quick of sail, to meet with the adverse part in their own way. And for the pirates of Sallee and those parts, he saith, it is but very lately that they found the way into 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.
5. To this article the Duke maketh this answer; that, about September last, this ship called St. Peter, amongst divers others, was seized on as lawful prize by His Majesty's ships and brought into Plimworth, as ships laden by the King of Spain. In the end of October or beginning of November, they were all brought to the Tower of London. All of them were there unladen but the Peter; but the bulk of her goods were 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 Admiral Court, to justify the seizure; and all the pretendants were called in: Upon these proceedings, divers of the goods were condemned, and divers were released, in a legal course; and others of them were in suspense till full proof made. The eight and twentieth of December, complaint was made, on the behalf of some Frenchmen, at the Council board, 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 Majesty's 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 was supposed by the charge; but was thus qualified, so as they were not fraudulently coloured; and it was referred to a judicial proceeding.
According to this great and honourable direction, the King's Advocate proceeded upon the general allegations formerly put in, the 26th of January; after, there was a sentence in the Admiralty, that the Peter should be discharged; and the King's Advocate not having then any knowledge of further proof, consented to it.
But this was not a definitive sentence, but a sentence interlocutory, as it is termed in that court. Within four days after this ship prepared herself to be gone, and was falling down the river; then came new intelligence to the Lord Admiral by Mr. Lieutenant of the Tower, that all those ships were laden by the subjects of the King of Spain in Spain; that the Amirantazgo wafted them beyond the North Cape; that they were but coloured by Frenchmen; that there were witnesses ready to make good this new allegation; neither was it improbable to be so, for part of the goods in that ship have been confessed to be lawful prize[11]. This ship being now in falling down the river, and being a ship of the most value of all the rest, the Duke acquainted the King therewith, and by his commandment, 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 commandment; and, if he had not done so, he might worthily have been blamed for his negligence; and then he instantly sent for the Judge of the Admiralty, to be informed from him how far the sentence then already passed 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 then advised, that it might justly be done, upon better proofs appearing; yet discreetly, 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 information 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, concur in opinion, being entreated by the Duke to advise thereof, so cautious was the Duke not to do an unjust act. Then he acquainted the King therewith; and His Majesty 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 witnesses were produced and examined, in pursuance of this new information; but the French merchants impatient of any delay complained again at the Council Board; where it was ordered, not barely, that the ship and goods should be presently delivered upon security; and upon security they had been then delivered 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 gave order instantly 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 anything herein on his part which was not justifiable, and grounded upon deliberate and well advised counsels and warrants; but for the doing of this to his own lucre or advantage he utterly denieth 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 easy to be embezzled; and whatsoever was taken out of the ship was first publicly shewed to His Majesty himself, and then 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; whereof 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, 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 for 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 injury as either they pretended or is pretended for 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 any act either by the Duke or any other.
6. To this article which consisteth of two main 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 compassing of 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 Michaelmas term 1623, the Duke had information given him, by a principal member of their own Company, that the Company had made a great advantage to themselves in the seas of East India, and other parts of Asia and Africa, by rich prizes gotten there forcibly from the Portugales 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 manner as should be held fittest, by the advice of counsel.
In the months of December and January in that year, divers witnesses were examined in the Admiralty, according to the ordinary course of that court, to instruct and furnish an informative process in that behalf.
After this, the tenth of March 1623[12], an action was commenced in that court, in the joint names of His Majesty and the Admiral, grounded upon the former proceedings. This was prosecuted by the King's Advocate, and the demand at first was fifteen thousand pounds. The action being thus framed in both their names, by the advice of counsel, because it was doubtful in the judgment of the counsel, whether it did more properly belong to the one or to the other, or to both; and the form of entering that action being most usual in that court; on the 28th of April 1624 the judicial agreement and sentence thereupon passed in the Admiralty Court, wherein the Company's consent and their own offer plainly appeareth; so that, for the first point of the right, it was very hard to conclude that the Duke has no right contrary to the Company's own consent, and the sentence of the court grounded upon 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, for the manner was just and honourable; your Lordships are humbly entreated to observe these few true circumstances. The suit in the Admiralty began divers months before the first mention of it in Parliament; and, some months before the beginning of that Parliament, it was prosecuted in a legal course, and upon such grounds as be yet maintained to be just. The composition made by the Company was not moved by the Duke; but his late Majesty himself, 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 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 story of the Company's ships then ready prepared and furnished, was not out of any respect the rather to draw them to give 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 direction, to speed their voyage the better, whilst they might be accommodated for this voyage without prejudice to the public 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 they went on 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 formal communication to have broken off, and have proceeded in a legal course; and he sent to the Company to that purpose. But the Company gave him satisfaction that they had raised no such rumours, nor would nor could avow any such thing, and entreated him to rest satisfied with their public act to the contrary. That, after this, their ships being gone, themselves, careful of their future security, solicited the dispatch of the composition, consulted with counsel upon the instruments that 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 at all given 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 employed by bis 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 to your judgments, how far verbal affirmations, or informations extrajudicial, shall move your judgments, when judicial acts, and those which were acted and executed, do prove the contrary.
7. To this 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, and 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 proof than any discourse 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 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, 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 just 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.
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 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 proof, 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.
8. To this article, wherewith he is taxed to have practised for the employment of the ships against Rochelle, he answereth, that so far from practising, or consenting, that the said ships should so far 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 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 the course of their employment against Rochelle; and he doth truly and boldly affirm, that his endeavours under the royal care of his most excellent Majesty, hath been a great part of the means to preserve the town of Rochelle, 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 sedulously and so successfully pursue that that town and the religion there will and do acknowledge the fruits thereof. And whereas it is further objected against him, that when, in so unfaithful a manner, he delivered the said ships into the power of a foreign state, to the danger of the religion, and scandal and dishonour of our nation, which he utterly denieth to be so; that to make his ill intentions in cunning and cautelous manner he abused the Parliament at Oxon, in affirming, before the committees 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, but the Duke having no knowledge thereof, the Duke knowing well what the promises of the French were, but was not then seasonable to be published; he, hoping that they would not have varied from what was promised, did say, that the event would show; which was no undertaking for them; but a declaration of that in general terms which should really be performed, and which His Majesty had great cause to expect from them.
9. That the Duke did compel the Lord Robartes to buy his title of honour, he utterly denieth; and he is very confident that the Lord Robartes himself will not affirm it, or anything tending that way; neither can he or any man else truly say so; but the said Duke is able to prove that the Lord Robartes was before willing 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.
10. 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 these sums to his own use; but the truth is, that the Lord Mandeville was made Lord Treasurer by his late Majesty, without contracting for any thing for it; but, after that he had the office conferred upon him, his late Majesty moved him to lend him twenty thousand pounds, upon promise of re-payment at the end of a year. The Lord Mandeville yielded to it, so as he might have the Duke's word that it should be re-paid 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 the Duke's servant, by the late King's appointment, to be disposed as His Majesty should direct; and accordingly that very money was fully paid out to others; and the Duke neither had, 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 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 his security.
But when the Duke was in Spain the Lord Mandeville obtained a promise from his late Majesty 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 Mandeville delivered back unto him the security of the Duke's lands which had been given unto him as aforesaid.
And for the six thousand pounds 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 afterwards he heard that the Earl of Middlesex did disburse six thousand pounds 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 of it came to the Duke, or to his use.
11. To this 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 great 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 Buckingham, bestowed upon the mother, was not without precedent; and she hath nothing from the Crown but a title of honour which dieth with her. The titles bestowed upon the Viscount Purbeck, the Duke's elder brother, were conferred upon him, who was a servant and of the bed-chamber to his now Majesty, then prince, by his Highness's means. The Earl of Anglesea was of his late Majesty's bed-chamber, and the honours and lands conferred on him was 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 that are so near and so 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 to be condemned 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.
12. To this article he answereth this, 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, and to the King's 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 sums 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 schedule in this article mentioned; unto which the Duke will apply particular answers in another schedule, which shall express the truth in 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 precedents of former times. But whatsoever it is that he hath, or hath had, he utterly denieth that he obtained the same or any part thereof by any undue solicitation or practice 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 divers sums of the monies 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, and he hopeth was not unfit for him to accept of, lest in future times he or his might be charged therewith, when they could not be able to give so clear an account thereof, as he hopeth he shall now be well able to do.
13. To this charge which is set forth with such an expression of words as might argue an extraordinary guiltiness in the Duke, who by such intimate bonds 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 apply nor procure the plaister or posset drink, in the charge termed to he a potion, unto His Majesty, nor was present when the same was first taken or applied; but the truth is this, that His Majesty being sick of an ague, he took notice of the Duke's recovery of an ague not long before; and asked him how he 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 ministered a plaister and a posset drink unto 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 delayed it; whereupon the King impatiently asked whether it was sent for or not; and finding by the Duke's speeches that 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 should be first tried by James Palmer 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 resolution 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 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 to 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 taken by some of them, and divers of 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 rumour as if this physic had done the King hurt, and that the Duke had ministered that physic unto 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 this truth of his answer; but also to commiserate the sad thoughts that this article hath revived in him. This being the plain, clear and evident truth of all those things which are contained and particularly expressed in his charge (the rest being in general require no answer); he being well assured 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 easy a belief, unto reports or testimony without oath, which are not of weight enough to condemn any.
He humbly acknowledgeth how easy it was for him, in his young years and unexperienced to fall into thousands of errors, in those ten years wherein he had the honour to serve so great and so open-hearted a sovereign and master; but the fear of Almighty God, his sincerity to 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 gracious a master, and his love and duty to his country, have restrained him, and preserved him (he hopeth) from running into heinous and high misdemeanours and crimes. But whatsoever, upon examination and mature deliberation, they shall appear to be, lest in anything unwittingly or unwillingly 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 misdemeanours, misprisions, offences 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 one and twentieth year of his reign, out of which he is not excepted; and of the gracious pardon of his now Majesty, granted to the said Duke, and vouchsafed in like manner at the time of his most happy inauguration and coronation; which said pardon under the Great Seal of England granted to the said Duke, bearing date the tenth day of February now last past, and here is shown forth to your Lordships, on which he doth 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 misdemeanours, 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 grace, so watch over his actions, both public and private, that he shall not give any just offence to any.