bation 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 the Admiralty, and the Wardenship of the Cinque-Ports; whereunto he humbly desireth to refer himself. And for the Mastership of the Horse to his maj, 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 maj. hath freely conferred upon him. And it is not without many precedents, both in antient 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 falsely or corruptly execute 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, he, with out disputing with his sovereign, will readily lay down at his royal feet, not only his places and offices, but his whole fortune and his life, to do him service."

sor, 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 the apprehension of his then unfitness for it. The gentleman not thus satisfied, unknown to the duke, applied himself to the late king, and moved his maj. therein, and offered these 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 that 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; that before there was like to be 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 maj.'s favour and means to his person, to procure a constant assignment and payment of money for the navy; the want whereof was the greatest cause of the former defects. These reasons persuaded his late maj. and, upon his ntaj.'s own motion, prevailed on the duke to take the charge upon him: and thereupon the earl voluntarily, freely, willingly, and upon his own earnest and often suit, surren"II. To the Second Article, his buying the dered the place; without any precedent conAdmiral's Place, the said duke maketh this tract or promise whatsoever, which might clear and true Answer.-That it is true, that in render the duke in the least degree subject to Jan, in the 16th year of his late maj.'s reign, the danger of the law, which was not then so his late maj. did, by his letters patent, grant much as once thought upon; and upon that unto the duke the office of Lord Admiral for his surrender, the grant was made to the duke: lite; which grant, as he well knoweth it, was but it is true, that his maj. out of his royal tade freely, and without any contract or bar-bounty, for recompence of the long and faithgain with the late lord admiral, or any other, ful service of the said earl, and for an honourand upon the voluntary surrender of that noble able memory of his deserts to him and the and well-deserving lord, so he is advised it will crown of England, did grant him a pension of appear to be free from any defect in law, by 1000l. per ann. for his life; which, in all ages, reason of the statute 5 Edw. 6. mentioned in hath been the royal way of princes, wherewith the Article of his Charge, or for any other cause to reward antient and well-deserving servants whatsoever; for he saith the true manner of in their elder years? when, without their own his obtaining this office, and of all the passages faults, they are become less serviceable to the thereof, which he is ready to make good by state: and the duke also voluntarily and freely, proof, was thus: that hon. lord, the late carl and as an argument of his noble respect toof Nottingham, the lord admiral, being grown wards so honourable a predecessor, who, to his much in years, and finding that he was not then death, he called father; and whose estate, as so able to perform that which appertained to his he then understood, was fallen very low; did, place, as in former times he had done to his with his late majesty's privity and approbation, great honour; and fearing lest his maj.'s scr- send him 3000l. in money; which he hopeth vice and the commonwealth might suffer by no person of worth and honour will esteem to his defect, became an humble and earnest pc- be an act worthy of blame in him. And when titioner to his late maj. to admit him to surren the duke had thus obtained this place of great der his office. His late maj. was at the first trust, he was so careful of his duty, that he unwilling unto it, out of his royal affection to would not rely upon his own judgment or abibis person, and true judgment of his worth, lity; but of himself humbly besought his then but the earl renewed his petitions, and in some maj. to settle a commission of fit and able perof them nominated the dake to be his succes- sons 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; winch commission was granted, and yet continueth; and without the advice of those commissioners he hath 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 where before the ordinary Charge of the Navy was 54,000!. per ann. and yet the ships were very much decayed, and their provisions neglected, the charge was reduced to 30,000. per ann.; and with that charge the ships all repaired and made serviceable, and 2 new ships built yearly; and for the two last years, when there were no new ships built, the ordinary charge was reduced to 21,600l. per ann. 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."

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 most usual and ordinary rendezvous of the king's ships being at the Downs, and that being within the jurisdiction of the lord 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, and other places within view of the ports-men, 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 warrants come to press a ship in the 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 the jurisdiction of the Cinque-ports; and so, whilst the officers dispute, the opportunity of the service is lost. 7. When the king's ships lie near the ports, and the men come on shore, the officers refuse to assist the captains to reduce them to the ships without the ford 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

"Ill. To the Third Article, his buying the Wardenship of the Cinque-Ports, he maketh this plam, ingenuous, and true Answer:-That in Dec. in the 22nd 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 seve-ports-men are best experienced, they will not ral offers thereof to the duke of Richmond, serve without the lord warden's or his lieuteand Rd. earl of Dorset, deceased; but he was nant's warrant, who perhaps are not near the not willing to part with it, without recompence. place. 9. When for great occasions for the Notice whereof coming to the duke, by an service of the state, the lord admiral and lord offer made from the lord Zouch, he finding by warden must both join their authority; if the experience how much, and how many ways officers for want of true understanding of their both the king's service might, and many times several limits and jurisdictions, mistake their did sutter; and how many inconveniences did warrants, the service, which many times can arise to the king's subjects in their goods, ships, endure no delay, is lost, or not so effectually and lives, by the intermixture of the jurisdic- performed.-For these, and many other rea tions of the admiralty and wardenship of the sons of the like kind, the duke not being led, Cinque-Ports, and by the emulation, disaffec- either out of ambition or hope of profit, as tion, and contention of their officers, as clearly hath been objected; (for it could be no increase appear by these particulars, amongst many of honour to him, having been honoured te others which may be instanced. 1. Whereas fore with a greater place; nor of profit, for & the admiral-jurisdiction extends generally to hath not yielded him any matter of profit at all the narrow seas; the warden of the Cinque- all, nor is like to yield him above 500l. per Ports hath and exerciseth admiral-jurisdiction aun. at any time) but out of his desire to make on all the sea-coasts, froin Show-Beacon in himself the more able to do the king and Essex, to the Red Nore in Sussex; and within kingdom service, and prevent all differences those limits there have been continual diffe- and difficulties which heretofore had, or herereuces between the lord admiral and the lord after might hinder the same, he did entertai warden, whether the lord warden's jurisdiction that motion: and doth confess, that not knowextends into the main sea, or only as far as ing, or so much as thinking of the said act of the low-water-mark, and so much further into parl. before-mentioned, he did agree to give the sea, as a man on horseback can reach the said lord 1000/. in money, and 5007. per with a lance; which occasioneth questions be- ann. in respect of his surrender; he not beng tween those chief officers themselves. 2. There willing to leave his place without such consi are many and continual differences in executing deration, nor the duke willing to have it with of Warrants against Offenders: the officers of out his full satisfaction; and the occasion way the one refusing to obey or assist the autho- the d. of Bucks gave that consideration to the rity of the other; whereby the offenders pro-lord Zouch, was, because the d. of Richmond tected or countenanced by either, easily escape. in his life time had first agreed to give the 3. Merchants and owners of goods questioned same consideration for it; and if he had lived,

was that providence used for the repression of then, that his maj.'s ships and the Hollanders joining 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 it is suggested, that his maj.'s ships or men of war, were never yet mastered, nor encountered by them, nor will they endure the sight of any of our ships; and when the duke himself was in

he had had that place upon the same terms: and when the said d. of Richmond was dead, his late maj. directed the d. of Buckingham to enter upon that place, and, for the reasons before-mentioned, to put both these offices together; and to give the same consideration to the said lord, which the d. of Richmond should have given, and his late maj. said he would repay the money. And how far this act of his, in acquiring this office, accompanied with these circunstances, may be within the danger of the law, the king being privy to all the passages of it, and encouraging and directing it, he humbly submitteth to your judgment; and he humbly leaves it to your lordships judg-person, the Dunkirkers run into their harbours, ments, in what third way an antient servant to the crown, by age or 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 gave the recompence, it may thus be 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 precedent, that in former times of great employment, both these offices were put into one hand by several grants."

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"IV. To the Fourth Article, whereby the not Guarding of the Narrow Seas in these two last years by the duke, according to the trust and duty of an admiral, is laid to his charge; whereof the consequence, supposed to have been merely, through his default, are, the ignominious infesting of the coasts with pirates and enemies, the endangering of the dominion of these seas, the extreme loss of the merchants, and the decay of the trade and strength of the kingdom: the duke maketh this Answer; That he doubteth not but he shall make it pear, 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 by the neglect of the duke, or want of care and diligence in his place: for whereas in former times, the ordinary guard allowed for the narrow scas hath been but 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 5 of the king's slips, and ordinarily 6 besides pinnaces, merchants lups and drumblers: and since open hostility 8 of the king's ships, besides merchants of great number, and pinnaces, 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 maj. and the council board therewith, and craved their advice, and ed the assistance of the commissioners for the navy in this service: and for the Dunkirkers, who have of late infested these coasts more than in former years, he saith, There

But there is a necessity that, according to the fortune of wars, interchangeable losses wil! happen; yet, hitherto, notwithstanding their more than wonted insolency, the loss on the enemy's part hath been as much, if not more, than what hath happened to us; and that loss that 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 of a mold 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 inconvenience for the time to come, there is already order taken for the building some ships, which shall be of the like mold, light and quick of sail, to meet with the adverse party in their own way. And for the pirates of Sallie, and those parts, he saith, it is but very lately that they found the way unto our coasts, where, by surprize, they might easily do hurt; but there hath been that provision taken by his maj, not without the cars 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."

"V. To the Fifth Article the duke maketh this Answer; That about Sept. last, this ship called the St. Peter, amongst divers others, was seized on as a lawful prize by his majesty's ships, and brought into Plymouth, as ships laden by the subjects of the king of Spain: in the end of Oct. or beginning of Nov. they were all brought to the Tower of London, all of them were there unladen but the Peter, and the bulk of her goods was 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 Nov. allegations were generally put in against them all in the Admiralty-court, to justify the seizure; and all the pretendants were called in: upon these proceedings, divers of the ships and goods were condemned, and divers were released in a legal course; and others of them were in suspence till full proof made. The 28th of Dec. complaint was made on the behalf of some Frenchmen at the councilboard, concerning this ship and others, when the king, by advice of his council (his maj. being present in person) did order, That the ship

of Newhaven, called the Peter, and the goods [ advocate to hasten the examination of the witin her, and all such other goods of the other nesses; and many witnesses were produced prizes, as should be found to appertain to his and examined in pursuance of this new inform maj.'s own subjects, or to the subjects of his ation. But the French merchants, impatient good brother the French king, or the States of of any delay, complained again to the councilthe United Provinces, or any other princes or board, where it was ordered, not barely, That states in friendship or alliance with his maj. the ship and goods should be presently delishould be delivered: but this was not absolute, vered, but should be delived upon security; as is supposed by the Charge, but was thus and, upon security, she had been then dequalified, so as they were not fraudulently co- livered, if it had been given; and security loured; and it was referred to a judicial pro- was once offered, but afterwards retracted ceeding. According to this just and honour and when all the witnesses produced were able direction, the king's advocate proceeded examined, and published, the king's advoupon the general allegations formerly put in cate having duly considered of them, forththe 26th of Jan, after there was a sentence in the with acquainted the duke, that the proofs came admiralty, that the Peter should be discharged; too short for the Peter; and thereupon the and the king's advocate, not having then any duke instantly gave order for her final disknowledge of further proof, consented to it: but charge, and she was discharged by order of the this was not a definitive sentence, but a sentence court accordingly.-By which true narration interlocutory, as it is termed in that court. of the fact, and all the proceedings, the duke Within few days after, this ship prepared her- hopeth it will sufficiently appear, that he hath self to be gone, and was falling down the river: not done any thing herein, on his part, which then came new intelligence to the lord admiral was not justifiable, and grounded upon deliby the lieut. of the Tower, that all those ships berate and well-advised counsels and warrant. were laden by the subjects of the king of Spain; But for the doing of this to his own lucre and that the Amirantasco wafted them beyond advantage, he utterly denicth it; for he saith, the North-Cape; that they were but coloured that there was nothing removed out of the by Frenchinen; that there were witnesses ship, but some moneys, and some small boxes ready to make good this new allegation; nei- of stones of very mean value, and other small ther was it improbable to be so, for part of the portable things lying above the deck, easily to goods in that ship have been confessed to be be embezzled: and whatsoever was taken out lawful prize. This ship being now fallen down of the ship, was first publicly shewed to his the river, and being a ship of the most value maj. himself, and thence committed to the of all the rest, the duke acquainted the king custody of Gabriel Marsh, in the Article mentherewith; and, by his commandment, made tioned, by inventory, then and still marshal of stay of the ship, lest otherwise it should be too the admiralty, by him to be safely kept; wherelate; which the duke, in the duty of his place of the money was employed for the king's imof admiral, as he believeth, ought to have mediate service, and by his direction, and the done, without such command: and if he had rest was left in safe-keeping; and are all since not done so, he might worthily have been delivered and reimbursed to the owners, or blamed for his negligence; and then instantly pretended owners thereof; and not a penny he sent for the judge of the admiralty, to be profit thereof, or thereby, hath come to the informed from him, how far the sentence al- duke himself, as shall be made good by proof: ready passed, did bind, and whether it might and whereas the suggestion hath been made, stand with justice to make stay of her again, That this accident was the cause of the emshe being once discharged in such manner as bargo of the ships and goods of our merchants before. The judge answered, as he was ad- trading in France, he saith, That it is utterly vised, That it might justly be done, upon bet- mistaken; for divers of their goods were emter proofs appearing; yet discreetly, in a mat- bargoed before this happened; and if, in truth, ter of that moment, he took time to give a re- the French had therein received that loss, as solute answer, that in the interim he might cither they pretend, or is pretended from them; review the acts which had passed. The next yet the embargoing of the goods of the English day, or very shortly after, the judge came again upon that occasion, was utterly illegal and unto the duke, and, upon advice, answered reso- warrantable; for by the mutual articles belutely, That the ship and goods might justly tween the two kings, they ought not to have be stayed, if the proofs fell out to be answer-righted themselves before legal complaint, and able to the informations 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 intreated by the duke to advise thereof; so cautious was the duke not to do any unjust act. Then he acquainted the king again therewith, and his maj. commanded him to re-scize this ship, and to proceed judicially to the proofs; and the duke often required the king's

a denial on our part, and then, by way of reprisal, and not by embargo. So that the duke doth humbly leave it to the consideration of your lordships, whether the harm which hath happened to our merchants, hath not been more occasioned by the unseasonable justifying of the actions of the French, which animated them to increase their injuries, than by an act, either of the duke, or any other."

"VI. To the Sixth Article, which consisteth of two main points, the one of the extorting of

10,000l. unjustly, and without right, from the | much, if they might have escaped for nothing, East-India Company; the other, admitting the but that they were willing to give so much, duke had a right as lord admiral, the compassing rather than to hazard the success of the suit: and it by undue ways, and abusing the parliament, to upon this composition, so concluded by his work bis private ends; the duke giveth this maj. the company desired and obtained a Answer, wherein a plain narration of the fact, pardon for all that was objected against them. he hopeth, will clear the matters objected; and The motion in parliament about the stay of in this he shall lay down no more, than will fully the company's ships then ready prepared and appear upon proof:—About the end of Michael- furnished, was not out of any respect, to draw Las term, 1623, the duke had information them the rather to the composition; but really given him, by a principal member of their own out of an apprehension, that there might be need company, that the company had made a great of their strength for the defence of the realm at advantage to themselves in the seas of East home; and, if so, then all private respects India, and other parts of Asia and Africa, by must give way to the public interest. These rich prizes gotten there forcibly from the Portu- ships, upon the importunity of the merchants, guese, and others; and a large part thereof and reasons given by them, were, suffered, was due to his maj, and to the duke as admiral, nevertheless, to fall down to Tilbury, by his late by the law; for which, neither of them had maj.'s directions; to speed their voyage the any satisfaction. Whereupon directions were better, whilst they might be accommodated for given for a legal prosecution in the court of this voyage, without prejudice to the public admiralty, and to proceed in such matters as safety; and they were discharged when there should be held fittest by the advice of counsel.. was an accommodation propounded and allowIn the months of Dec. and Jan. in that year, ed, which was, That they should forthwith predivers witnesses were examined in the admiral- pare other ships for the home service, whilst ty, according to the ordinary course of that those went over with their voyage: which they court, to instruct and furnish informative pro- accordingly did. That the motion made in cesses in this behalf. After the 10th of March, the Commons' house, was without the duke's 1623, an action was commenced in the court, knowledge or privity. That when there was a in the joint names of his maj. and the admiral, rumour that the duke had drawn on the comgrounded upon the former proceeding; this position by staying of the ships which were was prosecuted by the king's advocate, and the then gone, the duke was so much offended demand, at first, was 15,000. The action be- thercat, that he would have had the former ing thus framed in both their names, by advice of composition to have broken off, and have proCounsel, because it was doubted in the judgment ceeded in a legal course; and he sent to the of the counsel, whether it did more properly be- company for that purpose; but the company long to the one, or the other, or to both; and such gave him satisfaction, that they had raised no form of entering that action being most usual in such rumour, nor would, nor could avow any that court, on the 28th of April 1624, the ju- such thing, and intreated him to rest satisfied dicial agreement and sentence passed there- with such public acts to the contrary. That after upon in the admiralty court, wherein the com- this, their ships being gone, and, being careful pany's consent, and their own offer, plainly of their future security, they solicited the disappeareth; so that for the second part, of the patch of the composition; consulted with counTight, it were very hard to conclude that the sel about the instruments which passed about duke had no right, contrary to the company's it, and were at the charge thereof; and the own consent, and the sentence of the court, money was paid long after the sentence; and grounded on their agreement; unless it shall the sentence given after the ships were gone; fully appear, that the company was by strong and no security given at all for the money, but hand enforced thereto, and so the money ex- the sentence; and when this money was torted. Therefore to clear that scruple, that, paid to the duke, the whole sum (but 2007. as the matter of the suit was just, or at least thereof only) was borrowed by the king, and probable as the company willingly desired it employed by his own officers, for the service for their peace, so the manner was just and of the navy. If these things do, upon proof, honourable; your lordships are humbly intreat-appear to your lordships, as he is assured ed 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 it in that parliament, it was prosecuted in a legal course, and upon such grounds as will yet be maintained to be just. The composition made by the company, was not moved by the duke; but his late maj. 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 compotion; not that they were willing to give so VOL. II.

they will, he humbly submitteth it to your judgments, how far verbal affirmations or informations extrajudicial, shall move your judg ments, when judicial acts, and those things which were acted and executed, prove the contrary."

"VII. To the Seventh Article, which is so mixed with actions of great princes, as that he dareth not in his duty publish every passage thereof, he cannot for the present make so particular an Answer as he may, bath, and will do to the rest of his Charge. But he giveth this general Andwer, the truth whereof he humbly prayeth may rathor appear to your N