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be the said lord Zouch, on the 4th of Dec. in ship called the St. Peter of Newhaven, (whereof the year aforesaid, did surrender his said office, John Mallerau was master) laden with divers and his letters patent of them, to the said late goods, merchandize, monies, jewels, and comking: and thereupon, and by reason of the pre-modities, to the value of 40,0001, or theremises, he the said duke obtained the said offices abouts, for the proper account of M. de Vile for his life, of the said late king, by his letters lieurs, the then governor of Newhaven, and patents under the great seal of England, dated other subjects of the French king, being in perthe 6th of Dec. in the aforesaid year. And fect amity and league with our sovereign lord the said office of lord warden of the cinque-ports, the king, was taken at sea by some of the ships and of the meinbers thereof, is an office that of his maj.'s late fleet, set forth under the doth highly touch and concern administration command of the said duke, as well by direction and execution of justice; and the said office of from him the said duke as great admiral of constable of the castle of Dover, is an oflice England, as by the authority of the extraorthat highly concerneth the keeping and de- dinary commission which he then had for the fence of the town and port, and of the said command of the said fleet, and was by them, castle of Dover, which is, and bath ever been together with her said goods and lading, brought esteemed for a most eminent place of strength into the port of Plymouth, as a prize among and defence of this kingdom; the which not many others, upon probabilities that the said withstanding, the said duke hath unlawfully ever ship or goods belonged to the subjects of the since the first unlawful obtaining of the said king of Spain : And that divers parcels of the office, retained them in hishands, and exer- said goods and lading were there taken out of cised them against the laws and statutes afore- the said ship St. Peter; that is to say, 16 bar
rels of cochineal, 8 bags of gold, 28 bags of'silHis not guarding the Seas,
ver, 2 boxes of pearl and emeralds, a chain of “ IV. Whereas the said duke, by reason of
c) gold, jewels, monies, and commodities, to the his said offices of great admiral of the king
value of 20,000l. or thereabouts; and by the said dots of England and Ireland, and of the prin
duke were delivered into the private custody of cipality of Wales, and of the admiral of the
one Gabriel Marsh, servant to the said dake;
and that the said ship, with the residue of her cinque ports, and general governor of the seas and ships of the said kingdoms, and by reason
goods and lading, was from thence sent up of the trust thereunto belonging, onght at all
into the river of Thaines, and there detained; times, since the said offices obtained, to have
whereupon there was an arrest at Newhaven safely guarded, kept, and preserved the said
in the kingdom of France, on the 7th of Dec. teas, and the dominion of them; and ought in
last, of two English merchant ships trading thialso, whensoever they wanted either men,
ther, as was alledged in certain petitions exhi
en, bited by some English merchants trading into slips, munition, or other strength whatsoever, that might conduce to the better safeguard
France, to the lords and others of his maj.'s of them, to have used, from time to time, his
most hon. privy-council; after which, that is atmost endeavour for the supply of such wants,
to say, on the 28th of the said month, his maj. to the right hon. the lords and others of the privy
was pleased to order, with the advice of his council, and by procuring such supply from his
privy-council, That the said ship and goods, Sovereign, or otherwise : He the said duke
belonging to the subjects of the French king, hath, ever since the dissolution of the two
should be re-delivered to such as should reTreaties mentioned in the act of subsidies of
claim them; and accordingly intiination was the 21st of the late king James, of famous me
given to his maj.'s advocate in the chief court mory, (that is to say the space of three years
of aclmiralty, by the right hon. Sir John Cook, last past) neglected the just performance of his
knt. one of his maj.'s principal secretaries of said office and duty, and broken the said trust
state, for the freeing and discharging the said ship therewith committed unto bim; and hath not,
and goods in the said court of admiralty : And according to his said offices, during the time
afterwards, that is to say, on the 26th of Jan. Unresaid, safely kept the said seas : insomuch
last, it was decreed in the said court by the that by reason of his neglect and default there
judge thereof, with the consent of the said ad11not only the trade and strength of this
vocate, That the said ship with whatsoever Langtom of England hath been, during the said
goods so seized on or taken in ber, (except 300
Mexico hides, 16 sacks of ginger, one box of time, much decayed; but the same seas also have been, during the same time, ignominiously
gilded beads, 5 sacks of ginger more, mention
ed in the said decree) should be clearly relatested by pirates and enemies, to the loss
leascd from further detention, and delivered to both of very many ships and goods, and of many of the subjects of our sovereign lord the
the master; and thereupon a commission un
der seal pas in that behalf duly sent out of lung; and the dominion of the said seas, being the agtient and undoubted patrimony of the
the said court to sir Allen Appesly, sir Jolin
| Wolstenholme, and others, for the due execu king of England, is thereby also in inost iinmanent danger to be utterly lost."
tion thereof: The said duke, notwithstanding
the said order, commission and decree, deHis unjust Stay of the Ship of Newhaven, Itained still to bis own use the said gold, silver, called St. Peter, after Sentence.
pearls, emeralds, jewels, monies, and corno4. Whereas about Michaelmas last past, a dities, sò taken out of the said ship as afort
said: And for his own singular avail and covet- | against them, for 15,0001, taken piratically by vusness, on the 6th of Feb. last, having no some captains of the said merchant ships, and information of any new proof, without any le- pretended to be in the bands of tbe East-India gal proceeding, by colour of his said office, un- Company; and thereupon the king's advocate, justly caused the said shipaod goods to be again in the name of advocate for the late king and arrested and detained, in public violation and the said lord admiral, moved and obtained one contempt of the laws and justice of this land, attachment, which, by the serjeant of the said to the great disturbance of trade, and prejudice court of admiralty, was served on the said of the merchants.”
merchants in their court, the 16th of March
foilowing: Whereupon the said merchants, His Extortion of 10,0001. from the East -though there was no cause for their molestIndia Company, with the Abuse of Parlia- | ation by the lord admiral,
ation by the lord admiral, yet the next day they ment.
were urged in the said court of admiralty to 6.VI. Whereas the honour,wealth, and strength bring in the 15,000l. or go to prison. Whereof this realm of England is much increased by fore iminediately the company of the said the traffick, chietiy, of sạch inerchants as employ merchants did again send the deputy aforesaid, and build great warlike ships; a consideration and some others, to make new suit unto the that should move all counsellors of state, said duke, for the release of the said ships and especially the lord admiral, to cherish and pinnaces; who unjustly endeavouring to er. maintain such merchants; The said duke tort money from the said merchauts, protested, abusing the lords of the parliament, in the 21st | That the ships should not go, except they cou. year of the late king James, of famous memory, pounded with him; and when they urged many with pretence of serving the state, did op- more reasons for the release of the said ships press the East-India merchants, and extorted and pinnaces, the answer of the said duke was, from thein 10,0001. in the subtil and unlawful That the then parliament must first be moved. manner following, viz. About Feb. in the year The said merchants therefore being in this aforesaid, he the said duke, hearing some good perplexity, and in their consultation, the 23d of success that those merchants had at Orinus, in that month, even ready to give over that trade, the parts beyond the seas; by his agents yet considering that they should lose more than cunningly, in or about the month aforesaid, in was deinanded by unlading their ships, besides the same year of the said late king, endeavour- their voyage, they resolved to give the said ed to draw from them some great sum of duke 10,000l, for his unjust demands. And he money; which their poverty, and no gain by the said duke, by the undue means aforesaid, that success at Ormus, made those merchants and under colour of his office, and upon false absolutely to deny: whereupon he the said pretence of rights, unjustly did exact and extort duke perceiving that the said merchants were from the said mercbants the 10,0001. and rethen setting forth, in the course of their trade, ceived the same about the 28th of April 4 ships, and 2 pinnaces, laden with goods and following the discharge of those ships, which merchandize of very great value, like to lose were not released by him, till they the said their voyage if they should not speedily depart: merchants had yielded to give him the said The said duke on the 1st of March then following, duke the 10,0001. for the said release, and for in the said year of the said late king, did inove the fasle pretence of rights made by the said the lords then assembled in the said parlia- duke, as aforesaid." ment, whether he should make stay of any ships which were then in the ports, (as being high
| His putting some ships into the hands of the admiral he might) and namely, those ships pre
French. pared for the East-India voyage, which were of “VII. Whereas the Ships of our sovereign great burthen, and well furnished; which lord the king, and of his kingdoms aforesaid, motion being approved by their lordships, the are the principal strength and defence of the duke did stay those ships accordingly: But the said kingdoms, and ought therefore to be always 5th of March following, when the deputy of preserved, and safely kept, under the command, that company, with other of those merchants, and for the service, of our sovereign lord the did make suit to the said duke for the release king, no less than any the fortresses and castles of those ships and pinnaces; he the said duke of the said kingdoms: and whereas no subject said, He had not been the occasion of their of this realm ought to be dispossessed of any staying, but that having heard the motion with his goods or chattels without order of justice, much earnestness in the lords house of parlia- or his own consent first duly had and obtained: ment, he could do no less than give the order the said duke, being great admiral of England, they had done; and therefore he willed them gov.-general and keeper of the said ships and to set down the reasons of their suit, which he seas, and who therefore ought to have and would acquaint the house withal; yet in the take a special and continual care and diligence mean time gave thein leave to let their said how to preserve the same; did nevertheless, ships and pinnaces fall down as low as Tilbury. in or about the end of July last, in the 1st year And the 10th of March following, an unusual of our sovereign lord the king, under colour of joint action was, by his procurement, entered the said office of great admiral of England, and in the chief court of adiniralty, in the nanic of by indirect and subtile means and practices, the said late king and of the lord admiral, procure one of the principal ships of bis majasty's navy-royal, called the Vanguard, then un- : duke did, as aforcsaid, in great and most appader the command of capt. John Pennington, 'rent prejudice of the said religion, contrary to and 6 other merchant ships of great burthen the purpose and intention of our sovereign lord and value, belonging to several persons in- the king, and against his duty in that behalf, habiting in London, the natural subjects of his being sworn counsellor to his maj., and to the majesty, to be conveyed over, with all their great scandal and dishonour of this nation. ordnance, munition, tackle and apparel, into ' And Dotwithstanding the delivery of the said the ports of the kingdom of France; to the ships by his procurement and compulsion, as end that, being there, they inight the more easily atoresaid, to be comployed, as aforesaid, the be put into the bands of the French king, his said duke, in cunning and cautelous manner, ministers and subjects, and taken into their 'to mask bis ill intentions, did, at the parliament possession, command and power: and accord-: held at Oxford in Aug. last, before the comingly the said dake, by bis ininisters and agents, mittee of both houses of parl. intimate and dewith menaces, and other ill means and prac- clare, that the said ships were not, nor should tices, did there, without order of justice, and they be so used and employed against those of without the consent of the said masters and the said rcligion, as aforesaid ; in contempt of owners, unduly compel and enforce the said our sovereign lord the king, and in abuse of masters and owners of the said 6 merchant- the said houses of parl, ånd in violation of that ships, to deliver the said ships into the said truth which every man should profess." possession, command and power of the said his compelling Lord Robarts of Truro to buy French king, his ministers and subjects: and
his Title of Ilonour. by reason of lis compulsion, and under the pretext of bis power as aforesaid, and by his
“ IX. Whereas the Titles of Ilonour of
this kingdom of England were wont to be conindirect practices as aforesaid, the said ships
ferred, as great rewards, upon such virtuous aforesaid, as well the said ship royal of his
and industrious persons as had merited then maj. as the others belonging to the said mer. chants, were there delivered into the bands
by their faithful service; the said duke, by his
importunate and snbtile procurement, bath and command of the said French king, bis ministers and subjects, without either suflicient
not only perverted that antient and lonour. . security or assurance for re-delivery, or other
able way, but also unduly, for his own partinecessary caution in that behalf taken and
cular gain, he hath enforced some that were provided, cither by the said duke himself, or
rich (though unwilling) to purchase lionour ;
as the lord Roberts, baron of Truro, who, by otherwise by his direction; contrary to the duty of the said offices of great admiral, gover
practice of the said duke and his agents, was
drawn up to London, in or about Oct, in the mor-general, and keeper of the said ships and
22nd year of the reign of the late king Jaines seas, and to the faith and trust in that bebali'
of famous memory, and there so threatened reposed, and contrary to the duty which he
and dealt withal, that by reason thereof lie oweth to our sovereign lord the king in his
yielded to give, and accordingly did pay the place of privy-counsellor; to the apparent
sum of 10,000/. to the said duke, and to bis weakening of the naval strength of this king
use ; for which said sum, the said duke in the dom, to the great loss and prejudice of the said
-Donth of Jan, in the 22nd year of the said merchants, and against the liberty of those subjects of our sovereign lord the king that are
Inte king, procured the title of baron Roberts
of Truró, to the said lord Roberts. In which under the jurisdiction of the admiralty.”
practice, as the said lord Roberts was much llis practice for the employment of them wronged in this particular, so the example - against Rochelle.
thereof tendeth to the prejudice of the gentry, “ VIII. The said duke, contrary to the pur
and dishonour of the nobility of this kingpose of our sovereign lord the king, and bis"
dom." mjesty's known zeal for tie maintenance Suit His selling Places of Judicature. advancement of the true religion established in “X. Whereas no Place of Judicature in the Church of England, kuowing that the said the courts of justice of our sovereign lord the ships were intended to be employed by the said king, nor other like preferments given by the French king against those of the same religion kings of this realm, ought to be procured by at Rochelle, and elsewhere, in the kingdom of any subject whatsoever for any reward, tribe, France, did procure the said ship royal, and or gift ; he the said duke in or about the month compti, as aforesaid, the said 6 other ships to of Dec. in the 18th year of the reign of the be delivered unto the said French king, his late king James of famous memory, did procure ministers and subjects, as aforesaid; to the of the said king, the office of high treasurer of end the said ships might be used and em England to the lord viscount Mandeville, ployed, by the said French king, in his intended now earl of Manchester; which office, at his war against those of the said religion in the procurement, was given and granted accordsaid town of Rochelle, and elsewhere within ingly to the lord visc. Mandeville: and, as a the kingdom of France : and the said ships reward for the said procurement of the sime were, and have been since, so used and ein- grant, he the said duke did then receive to his ployed by the said French king, his ministers own use, of and from the said lord visc. Manand sabjects, against them. And this the said deville, the sumn of 20,0001. of lawful inoney of
England. And also in or about the month of great favour, procured divers unusual clauses Jan, in the 16th year of the reign of the said to be inserted, viz. That no perquisites of late king, did procure of the said late king, I courts should be valued, and that all bailiff-fees of famous memory, the office of master of the should be reprised in the particulars upon wards and liveries to and for sir L. Cranfield, which those lands were rated; whereby a preafterwards earl of Middlesex, which office was, cedent hath been introduced, which all those upon the saine procurement, given and granted who, since that time, have obtained any lands to the said sir L. Cranfield : and, as a reward from the cro:vn, have pursued to the damage for the same procurement, he, the said duke, of his late maj. and of our sovereign lord the had, to his own use, or to the use of some king that now is, to an exceeding great value. other person by him appointed, of the said sir And afterwards he surrendered to his said maj. L. Crantield, the sum of 60001, of lawful money divers manors and lands, parcel of those lands of England, contrary to the dignity of our formerly granted unto him, to the value of sovereign lord the king, and against the duty 7231. 188. 210. per ann.; in consideration of that should have been perforined by the said wbich surrender, he procured divers other lands duke unto him."
of the said late king to be sold and contracted
for, by his own servants and agents, and thereHis procuring Honours for his poor | upon hath obtained grants of the same to pass Kindred.
from his late niaj. tv screral persons of this 4 XI. That he the said duke hath, within kingdom; and hath caused tallics to be stricken these ten years last past, procured divers Titles for the money, being the consideration menof lionour to his mother, brothers, kindred and tioned in those grants in the receipt of the exallies; as, the title of countess of Buckingham chequer, as if such monies had really come to to his mother, while she was sir Tho. Comp- his waj.'s coffers; whereas the duke (or soune ton's wife; the title of carl of Anglesey to his other by his appointinent) batb indeed received younger brother, Christ. Villiers; the titles of the same sums, and expended them upon his baron of Newnham Padocks, viscount Fielding, own occasions, And notwithstanding the great and earl of Denbigh, to his sister's husband, and inestimable gain made by hiin, by the sale sir Ji. Fielding; the titles of baroni of Stoak of ottices, honours, and by other suits by him and visc. Purbeck, to sir John Villiers, elder obtained from his maj, and for the countenancbrother unto the said duke ; and divers more ing of divers projects, and other courses, burof the like kind to his kindred and allies; thensome to his maj.'s realnıs, both of England whereby the noble barons of England, so well and Ireland; the said duke hath likewise, by deserving in themselves, and in their ancestors, bis procurement and practice, received into have been much prejudiced, and the crown bis hands, and disbursed to his own use, exceeddisabled to reward extraordinary virtues in fu- ing great sums that were the monies of the late ture times with honour, while the poor estates king, of famous inemory, as appeareth also in of those for whom such unnecessary advance the said schedule bercunto annexed : and, the ment hath been procured, are apparently likely better to colour his doings in that behalf, hath to be more and more burthensome to the king, obtained several prisy-seals from his late maj. notwithstanding such annuities, pensions, and | and his maj. that now is, warranting the paygrants of lands annexed to the crown, of great ment of great sums to persons by him named, value, which the said duke hath procured causing it to be recited in such privy-seals, as for those his kindred, to support these their | if those suns were directed for secret services dignities.”
concerning the state, which were, notwithstand
ing, disposed of to his own use; and other prie His exhausting, intercepting, and misen
vy-seals have been procured by him for the disploying the King's Revenue.
charge of those persons without accoinpt; and « XII. He the said duke, not contented with | by the like fraud and practice, under colour of the great advancement formerly received from free gifts from his waj. he hath gotten into his the late king, of famous memory, did, by his hands great surus which were inteated by his procurement and practice, in the 14th year of inaj. to be disbursed for the preparing, furthe said king, for the support of the many places, vishing and victualling of his royal navy; by honours and dignities conferred on him, obtain which secret and colourable devices the cona grant of divers manors, parcel of the revenue stant and ordinary course of the exchequer hath of the crown, and of the duchy of Lancaster, been broken, there being no means, by inatto the yearly value of 16971.2.0 d. of old rent, ter of record, to charge either the treasurer or with all woods, timber, trees, and advow'sons; | victualler of the navy with those sums which part whereof amounting to the annual sum of ought to bave come to their hands, and to be 7471. 135. 4d, was rated at the sum of only 3201. accompted for to his maj.: and such a confusion tho', in truth, of so far greater value. And like and mixture hath been made between the king's wise, in the 16th year of the same king's reign, estates and the duke's, as cannot be cleared by did procure divers other manors, annexed to the legal entries and records, which ought to the crown, of the yearly value, at the old rent, be truly and faithfully made and kept, both for of 1338'. or thereabouts, according as in a the safety of his maj.'s treasure, and for the scl edul. Diereunto annexed appeareth. In the indeninity of his officers and subjects whom it Wallis and for passing of which lands, lie, by his doch coaccru. And also in the 16th and 20th years of the said king, he did procure to | rant in that behalf, unduly cause and procure. himself several releases from the said king, of certain plaisters, and a certain drink or potion divers great sums of money of the said king, by to be provided for the use of his said majesty, bin privately received, and which he procured, without the direction or privity of his said late that he might detain the same for the support majesty's physicians, not prepared by any of his places, bonours, and dignities. “And | of his sworn apothecaries or surgeons, but these things, and dirers others of the like kind, compounded of several ingredients to them as appeareth in the schedule annexed, bath he unknown: notwithstanding ihe same plaisters, done, to the exceeding diminution of the reve or some plaister like thereunto, having been nac of the crown, and in deceit both of our so formerly administred unto his said inaj. did vereign lord the king that now is, and of the produce such ill effects, as that some of the late king James, of famous memory, and to the said sworn physicians did altogether disallow detriment of the whole kingdom."
thereof, and utterly refused to ineddle any His transcendent Presumption in giving turther with his said maj. until these plaisters Physick to the King.
were reinoved, as being hurtful and prejudicial " XIII. Whereas special care and order to the health of his maj.; yet, nevertheless, hath been taken by the laws of the realm, to the same plaisters, as also a drink or potion, restrain and prevent the unskilful administra- was provided by him the said duke; which be, tion of physick, whereby the health and life of the said duke, by colour of some insufficient man may be much endangered : and whereas and slight pretences, did, upon Monday the most especially, the royal persons of the kings 21st day of March, in the 22nd year aforesaid, of the realm, in whom we their loyal subjects when his maj. by the judgment of his said humbly challenge a great interest, are, and al- physicians, was in the declination of his disways have been esteerned by us, so sacred, ease, cause and procure the said plaisters to that nothing ought to be prepared for them, be applied to the breast and wrists of his said or administred unto them, in the way of plıy- | late maj. And then also, at and in his maj.'s sck or dyet, in the times of their sickuess, with | fit of the said ague, the said Monday, and at out the consent and direction of some of their several times within two hours before the $worn physicians, apothecaries, or surgeons : coming of the said fit, and before his majesty's and the boldness of such (how ncar soever to tben cold fit was passed, did deliver, and cause them in place and favour) who have forgotten to be delivered, several quantities of the said their duties so far as to presume to offer any drink or potion to his said late majesty; who thing unto them beyond their experience, hath thereupov, at the same times, within the sea. been always ranked in the number of high sons in that behalf prohibited by his majesty's ciences and misdemeanors. And whereas the physicians, as aforesaid, did, by the means and F#ort physicians of our late sovereiyn lord procurement of the said duke, drink, and take ling James, of blessed memory, attending on divers qu:intities of the said drink or potion. bis majesty in the month of March, in the After which said plaisters, and drink or potion, Find year of his inost glorious reign, in the applied and given unto, and taken and received tirnes of his sickness, being an ague, did, in by his said maj. as aforesaid, great distempers tre and necessary care of, and for the reco and divers ill symptoms appeared upon his said Tery of his health, and preservation of his per- maj, insomuch that the said physicians finding on, upon and after several mature consulta- bis maj. the next morning much worse in the tions in that bchalf bad and holden, at several estate of his health, and holding consultation times in the same month, resolve and give dia thereabout, did, by joint consent, send to the rections, that nothing should be applied or said doke, praving him not to adventure to bren unto his highness, by way of physick or minister to lus maj, any more physick, without fut, during his said sickness, but by and upon their allowance and approbation. And his their general advice and consents, and after said maj. finding himself much diseased and and deliberation thereof first lad; more espe- affected with pain and sickness, after his then cally by their like care, and upon like consul-fit, when by the course of his disease he extations, did justly resolve, and publickly gire pected intermission and case, did attribute tho Farning to, and for all the other gentlemen, cause of such his trouble unto the said plaister ad other servants and officers of his said late and drink, which the said duke had so given, maj.'s bed-chamber, that no meat or drink what- and caused to be administred unto him. Which Sever should be given unto him, within 2 or 3 said adventurous act, by a person obliged m hours dext before the usual time of, and for duty and thankfulness, done to the person or the coming of his fit in the said ague, nor dur- so great a king, after so ill success of the like og the continuance thereof, nor afterwards, formerly administred, contrary to such directatil his cold fit was past : the said duke of tions as aforesaid, and accompanied withi so Buckingham, being a sworn servant of his said unhappy event, to the great grief and disconste maj. of and in his maj.'s said bed-chamber, fort of all his majesty's subjects in general, is Contrary to his duty, and the tender respects an offence and misdemeanor of so high a nawhich he ought to have had of his majesty's ture, as may justly be called, and is, by the most sacred person, and after the consultations, said commons deemed to be, an act of tran resolutions, directions, and warning aforesaid, scendent presumption, and of dangerous cordod, nevertheless, without any sufficient war- sequence."