he 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 40,000. or theremises, he the said duke obtained the said offices abouts, for the proper account of M. de Vilfor 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 members 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 office England, as by the authority of the extraor that 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 hath 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 since the first unlawful obtaining of the said office, retained them in hishands, and exercised them against the laws and statutes aforesaid."

ship or goods belonged to the subjects of the king of Spain: And that divers parcels of the said goods and lading were there taken out of the said ship St. Peter; that is to say, 16 barrels of cochineal, 8 bags of gold, 23 bags of silver, 2 boxes of pearl and emeralds, a chain of gold, jewels, monies, and commodities, to the duke were delivered into the private custody of value of 20,000!. or thereabouts; and by the said and that the said ship, with the residue of her one Gabriel Marsh, servant to the said duke; goods and lading, was from thence sent up into the river of Thames, and there detained; in the kingdom of France, on the 7th of Dec. whereupon there was an arrest at Newhaven last, of two English merchant ships trading thi ther, as was alledged in certain petitions exhi bited by some English merchants trading into France, to the lords and others of his maj.' most hon. privy-council; after which, that to say, on the 28th of the said month, his maj. was pleased to order, with the advice of his privy-council, That the said ship and goods, belonging to the subjects of the French king, claim them; and accordingly intination was should be re-delivered to such as should regiven to his maj.'s advocate in the chief court knt. one of his maj.'s principal secretaries of of admiralty, by the right hon. Sir John Cook, and goods in the said court of admiralty: And state, for the freeing and discharging the said ship afterwards, that is to say, on the 26th of Jan. last, it was decreed in the said court by the

His not guarding the Seas. "IV. Whereas the said duke, by reason of his said offices of great admiral of the kingdoms of England and Ireland, and of the principality of Wales, and of the admiral of the cinque ports, and general governor of the seas and ships of the said kingdoms, and by reason of the trust thereunto belonging, ought at all times, since the said offices obtained, to have safely guarded, kept, and preserved the said scas, and the dominion of them; and ought also, whensoever they wanted either men, ships, munition, or other strength whatsoever, that might conduce to the better safeguard of them, to have used, from time to time, his utmost endeavour for the supply of such wants, to the right hon. the lords and others of the privy council, and by procuring such supply from his sovereign, or otherwise: He the said duke hath, ever since the dissolution of the two Treaties mentioned in the act of subsidies of the 21st of the late king James, of famous memory, (that is to say the space of three years last past) neglected the just performance of his said office and duty, and broken the said trust therewith committed unto him; and hath not, according to his said offices, during the time aforesaid, safely kept the said seas: insomuch that by reason of his neglect and default there-judge thereof, with the consent of the said adia, not only the trade and strength of this kingdom of England hath been, during the said time, much decayed; but the same seas also have been, during the same time, ignominiously infested by pirates and enemies, to the loss both of very many ships and goods, and of many of the subjects of our sovereign lord the king; and the dominion of the said seas, being the antient and undoubted patrimony of the kings of England, is thereby also in inost in minent danger to be utterly lost."

vocate, That the said ship with whatsoever goods so scized on or taken in her, (except 300 Mexico hides, 16 sacks of ginger, one box of ed in the said decree) should be clearly regilded beads, 5 sacks of ginger more, mentionleased from further detention, and delivered to der seal was in that behalf duly sent out of the master; and thereupon a commission unthe said court to sir Allen Appesly, sir John Wolstenholme, and others, for the due execution thereof: The said duke, notwithstanding His unjust Stay of the Ship of Newhaven, the said order, commission and decree, detained still to his own use the said gold, silver, called St. Peter, after Sentence. pearls, emeralds, jewels, monies, and commo*V. Whereas about Michaelmas last past, adities, so taken out of the said ship as afore

|

ty's navy-royal, called the Vanguard, then under the command of capt. John Pennington, and 6 other merchant ships of great burthen and value, belonging to several persons in habiting in London, the natural subjects of his majesty, to be conveyed over, with all their ordnance, munition, tackle and apparel, into the ports of the kingdom of France; to the end that, being there, they might the more easily be put into the hands of the French king, his ministers and subjects, and taken into their possession, command and power: and accordingly the said duke, by his ministers and agents, with menaces, and other ill means and practices, did there, without order of justice, and without the consent of the said masters and owners, unduly compel and enforce the said masters and owners of the said 6 merchantships, to deliver the said ships into the said possession, command and power of the said French king, his ministers and subjects: and by reason of his compulsion, and under the pretext of his power as aforesaid, and by his indirect practices as aforesaid, the said ships aforesaid, as well the said ship royal of his

duke did, as aforesaid, in great and most apparent prejudice of the said religion, contrary to the purpose and intention of our sovereign lord the king, and against his duty in that behalf, being sworn counsellor to his maj., and to the great scandal and dishonour of this nation. And notwithstanding the delivery of the said ships by his procurement and compulsion, as aforesaid, to be employed, as aforesaid, the said duke, in cunning and cautelous manner, to mask his ill intentions, did, at the parliament held at Oxford in Aug. last, before the com mittee of both houses of parl. intimate and declare, that the said ships were not, nor should they be so used and employed against those of the said religion, as aforesaid; in contempt of our sovereign lord the king, and in abuse of the said houses of parl. and in violation of that truth which every inan should profess.”

His compelling Lord Robarts of Truro to buy his Title of Honour.

"IX. Whereas the Titles of Honour of

this kingdom of England were wont to be conferred, as great rewards, upon such virtuous and industrious persons as had merited them by their faithful service; the said duke, by his

maj. as the others belonging to the said merchants, were there delivered into the hands and command of the said French king, his mi-mportunate and subtile procurement, hath nisters and subjects, without either sufficient able way, but also unduly, for his own partinot only perverted that antient and Lonour-. security or assurance for re-delivery, or other cular gain, he hath enforced some that were necessary caution in that behalf taken and rich (though unwilling) to purchase Lonour ; provided, either by the said duke himself, or 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-drawn up to London, in or about Oct. in the practice of the said duke and his agents, was nor-general, and keeper of the said ships and 22nd year of the reign of the late king James seas, and to the faith and trust in that behalf of famous memory, and there so threatened reposed, and contrary to the duty which he and dealt withal, that by reason thereof he 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 his 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 merchants, and against the liberty of thoseonth of Jan. in the 22nd year of the said subjects of our sovereign lord the king that are under the jurisdiction of the admiralty,"

pur

"VIII. The said duke, contrary to the pose of our sovereign lord the king, and bis majesty's known zeal for the maintenance and advancement of the true religion established in! the Church of England, knowing that the said ships were intended to be employed by the said French king against those of the same religion at Rochelle, and elsewhere, in the kingdom of France, did procure the said ship royal, and compei, as aforesaid, the said 6 other ships to be delivered unto the said French king, his tministers and subjects, as aforesaid; to the end the said ships might be used and employed, by the said French king, in his intended war against those of the said religion in the said town of Rochelle, and elsewhere within the kingdom of France: and the said ships were, and have been since, so used and employed by the said French king, his ministers and subjects, against them. And this the said

VOL. II.

late king, procured the title of baron Roberts of Truro, to the said lord Roberts. In which practice, as the said lord Roberts was much wronged in this particular, so the example thereof tendeth to the prejudice of the gentry, and dishonour of the nobility of this kingdom."

His selling Places of Judicature. "X. Whereas no Place of Judicature in the courts of justice of our sovereign lord the king, nor other like preferments given by the kings of this realm, ought to be procured by any subject whatsoever for any reward, bribe, or gift; he the said duke in or about the month of Dec. in the 18th year of the reign of the late king James of famous memory, did procure of the said king, the office of high treasurer of England to the lord viscount Mandeville, now earl of Manchester; which office, at his procurement, was given and granted accordingly to the lord visc. Mandeville: and, as a reward for the said procurement of the sme grant, he the said duke did then receive to his own use, of and from the said lord visc. Mandeville, the sum of 20,000/. of lawful money

I

of

England. And also in or about the month of Jan. in the 16th year of the reign of the said late king, did procure of the said late king, of famous memory, the office of master of the wards and liveries to and for sir L. Cranfield, afterwards carl of Middlesex, which office was, upon the same procurement, given and granted to the said sir L. Cranfield: and, as a reward for the same procurement, he, the said duke, had, to his own use, or to the use of some other person by him appointed, of the said sir L. Cranfield, the sum of 60007, of lawful money of England, contrary to the dignity of our sovereign lord the king, and against the duty that should have been performed by the said duke unto him."

His procuring Honours for his poor

Kindred.

"XI. That he the said duke hath, within these ten years last past, procured divers Titles of Honour to his mother, brothers, kindred and allies; as, the title of countess of Buckingham to his mother, while she was sir Tho. Compton's wife; the title of carl of Anglesey to his younger brother, Christ. Villiers; the titles of baron of Newnham Padocks, viscount Fielding, and earl of Denbigh, to his sister's husband, sir Wm. Fielding; the titles of baron of Stoak and visc. Purbeck, to sir John Villiers, elder brother unto the said duke; and divers more of the like kind to his kindred and allies; whereby the noble barons of England, so well deserving in themselves, and in their ancestors, have been much prejudiced, and the crown disabled to reward extraordinary virtues in future times with honour, while the poor estates of those for whom such unnecessary advancement hath been procured, are apparently likely to be more and more burthensome to the king, notwithstanding such annuities, pensions, and grants of lands annexed to the crown, of great value, which the said duke hath procured for those his kindred, to support these their dignities."

His exhausting, intercepting, and ploying the King's Revenue.

great favour, procured divers unusual clauses to be inserted, viz. That no perquisites of courts should be valued, and that all bailiff-fees should be re rised in the particulars upon which those lands were rated; whereby a precedent hath been introduced, which all those who, since that time, have obtained any lands from the crown, have pursued to the damage of his late maj. aud of our sovereign lord the king that now is, to an exceeding great value. And afterwards he surrendered to his said maj. divers manors and lands, parcel of those lands formerly granted unto him, to the value of 7231. 18s. 24d. per ann.; in consideration of which surrender, he procured divers other lands of the said late king to be sold and contracted for, by his own servants and agents, and thereupon hath obtained grants of the same to pass from his late maj. to several persons of this kingdom; and hath caused tallics to be stricken for the money, being the consideration mentioned in those grants in the receipt of the exchequer, as if such monies had really come to his maj.'s coffers; whereas the duke (or some other by his appointinent) hath indeed received the same sums, and expended them upon his own occasions. And notwithstanding the great and inestimable gain made by him, by the sale of offices, honours, and by other suits by him obtained from his maj., and for the countenancing of divers projects, and other courses, burthensome to his maj.'s realms, both of England and Ireland; the said duke hath likewise, by his procurement and practice, received into his hands, and disbursed to his own use, exceeding great sums that were the monies of the late king, of famous memory, as appeareth also in the said schedule hereunto annexed: and, the better to colour his doings in that behalf, hath obtained several privy-scals from his late maj. and his maj. that now is, warranting the pay ment of great sums to persons by him named, causing it to be recited in such privy-seals, as if those sums were directed for secret services concerning the state, which were, notwithstandmisem-vy-seals have been procured by him for the dis ing, disposed of to his own use; and other pricharge of those persons without accompt; and by the like fraud and practice, under colour of free gifts from his maj. he hath gotten into his hands great sums which were intended by his maj. to be disbursed for the preparing, furuishing and victualling of his royal navy; by which secret and colourable devices the constant and ordinary course of the exchequer hath been broken, there being no means, by matter of record, to charge either the treasurer or victualler of the navy with those sums which ought to have come to their hands, and to be accompted for to his maj.: and such a confusion and mixture hath been made between the king's estates and the duke's, as cannot be cleared by the legal entries and records, which ought to be truly and faithfully made and kept, both for the safety of his maj.'s treasure, and for the indemnity of his officers and subjects whom it doth concern. And also in the 16th and

"XII. He the said duke, not contented with the great advancement formerly received from the late king, of famous memory, did, by his procurement and practice, in the 14th year of the said king, for the support of the many places, honours and dignities conferred on him, obtain a grant of divers manors, parcel of the revenue of the crown, and of the duchy of Lancaster, to the yearly value of 15977. 2s. 0‡d, of old rent, with all woods, timber, trees, and advowsons; part whereof amounting to the annual sum of 7477. 13s. 4d, was rated at the sum of only 3201. tho', in truth, of so far greater value. And likewise, in the 16th year of the same king's reign, did procure divers other manors, annexed to the crown, of the yearly value, at the old rent, of 1333', or thereabouts, according as in a sel edale hereunto annexed appeareth. In the for passing of which lands, he, by his

20th years of the said king, he did procure to
himself several releases from the said king, of
divers great sums of money of the said king, by
him privately received, and which he procured,
that he might detain the same for the support
of his places, honours, and dignities. And
these things, and divers others of the like kind,
as appeareth in the schedule annexed, hath he
done, to the exceeding diminution of the reve-
nue of the crown, and in deceit both of our so- |
vereign lord the king that now is, and of the
late king James, of famous memory, and to the
detriment of the whole kingdom."

His transcendent Presumption in giving
Physick to the King.

rant in that behalf, unduly cause and procure certain plaisters, and a certain drink or potion to be provided for the use of his said majesty, without the direction or privity of his said late majesty's physicians, not prepared by any of his sworn apothecaries or surgeons, but compounded of several ingredients to them unknown: notwithstanding the same plaisters, or some plaister like thereunto, having been formerly administred unto his said maj. did produce such ill effects, as that some of the said sworn physicians did altogether disallow thereof, and utterly refused to meddle any further with his said maj, until these plaisters were removed, as being hurtful and prejudicial to the health of his maj.; yet, nevertheless, the same plaisters, as also a drink or potion, was provided by him the said duke; which he, the said duke, by colour of some insufficient and slight pretences, did, upon Monday the 21st day of March, in the 22nd year aforesaid, when his maj. by the judgment of his said

"XIII. Whereas special care and order hath been taken by the laws of the realm, to restrain and prevent the unskilful administration of physick, whereby the health and life of man may be much endangered: and whereas most especially, the royal persons of the kings of the realm, in whom we their loyal subjects humbly challenge a great interest, are, and al-physicians, was in the declination of his disways have been esteemed 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 phy- late maj. And then also, at and in his maj.'s sick or dyet, in the times of their sickness, 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 Sworn physicians, apothecaries, or surgeons: coming of the said fit, and before his majesty's and the boldness of such (how near soever to then cold fit was passed, did deliver, and cause them in place and favour) who have forgotten to be delivered, several quantiues 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 thereupon, at the same times, within the seabeen always ranked in the number of high sons in that behalf prohibited by his majesty's offences and misdemeanors. And whereas the physicians, as aforesaid, did, by the means and sworn physicians of our late sovereign lord procurement of the said duke, drink, and take king James, of blessed memory, attending on divers quantities of the said drink or potion.— his majesty in the month of March, in the After which said plaisters, and drink or potion, 22nd year of his nost glorious reign, in the applied and given unto, and taken and received times of his sickness, being an ague, did, in by his said maj. as aforesaid, great distempers due and necessary care of, and for the reco- and divers ill symptoms appeared upon his said very of his health, and preservation of his per- maj. insomuch that the said physicians finding son, upon and after several mature consulta- his maj. the next morning mich worse in the tions in that behalf had and holden, at several estate of his health, and holding consultation times in the same month, resolve and give di- thereabout, did, by joint consent, send to the rections, that nothing should be applied or said duke, praying him not to adventure to given unto his highness, by way of physick or minister to his maj. any more physick, without diet, 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 good deliberation thereof first had; more espe- affected with pain and sickness, after his then cially by their like care, and upon like consul- fit, when by the course of his disease he extations, did justly resolve, and publickly give pected intermission and case, did attribute the warning to, and for all the other gentlemen, cause of such his trouble unto the said plaister and 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 soever should be given unto him, within 2 or 3 said adventurous act, by a person obliged in hours next 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 ing the continuance thereof, nor afterwards, until his cold fit was past: the said duke of Buckingham, being a sworn servant of his said late maj. of and in his maj.'s said bed-chamber, contrary to his duty, and the tender respects which he ought to have had of his majesty's most sacred person, and after the consultations, resolutions, directions, and warning aforesaid, did, nevertheless, without any sufficient war

formerly administred, contrary to such directions as aforesaid, and accompanied with so unhappy event, to the great grief and discomfort of all his majesty's subjects in general, is an offence and misdemeanor of so high a nature, as may justly be called, and is, by the said commons deemed to be, an act of tran scendent presumption, and of dangerous corsequence."