open with as much brevity and perspicuity as I may: The substance of several cases concerning the same; the evidence to make them good, together with such observations as naturally arise out of the matter; whereby your lordships may the better discern wherein the duke's faults do consist, and what punishment may be answerable to such offences.

"The Sixth Article is a distinct charge, different from the other two; wherefore I will handle it, with the incidents thereof, by itself. The Seventh and Eighth Articles being of one nature and subject, are indeed several parts of one charge, rather than several charges, and have such a connection in themselves, that, with your lordships leaves, I will handle them both together without dividing them, which I hold will be the shortest and fittest way to do right to the cause, and to your lordships.

"The Sixth Article giveth me occasion, my lords, thus to enlarge myself. In a Tresty the 18th of August 1604, between our late sovereign king James of glorious memory, and Philip 3, king of Spain, it was agreed, That there should be perfect amity and peace to endure for ever by land, sea, and fresh-waters, between these kings, their heirs and successors, their dominions, liege-men and subjects, then being, or which should be; And that either party should then after abstain from all depredations, offences and spoils, by sea, land, and freshwaters, in what dominions or government soever of the other, and should cause restitution to be made of all depredations which then after should be committed, and the damages grow ing by means thereof; and that the said kings shall take care that their subjects should from thence abstain from all force and wrong doing, and that they likewise should revoke all commissions and letters-patents of reprisal or mart, or otherwise, containing licence to take prizes; all which are declared by the said Treaty itself to be void, and that whosoever should do any thing contrary should be punished not only criminally, according to the merit of his offence, but should also be compelled to make restitution and satisfaction for the losses to the parties damnified, requiring the same. Lastly, it was concluded, That between them and every of their subjects might be free commerce in all the dominions by sea, land, and fresh-waters, in which before the wars, there hath been commerce, and according to the use and observance of the ancient leagues and treatie, before the wars, the customs as they were at that present rated according to the ordinance of the places being paid.

"This Treaty being settled and continuing, his late majesty king James by his highness letters patents bearing date the 14th of Sept. an. 13, of his reign, did grant unto the governors of the merchants of London trading into the East-Indies, and to their successors, in case they be justly provoked or driven thereunto, in defence of their persons, goods or ships, by any disturbance or hinderance in their quiet course of trade, or for recompence or re

VOL. II.

covery of the persons, ships or goods of any of his majesty's subjects that had been formerly in, or near the East-Indies, or for any other just cause of their defence, or recompence of | losses sustained; That then the captains or principal commanders of the said Company, or any other under their government, should or might attempt, surprise, or take the persons, ships, and goods of any prince or state, by whose subjects they should sustain any wrong or loss in manner as atoresaid, as by the said letters-patents appeareth: Some years after the granting of these letters-patents, under pretext that the said Treaty was broken, there was some interruption and violence offered by the king of Spain's subjects in the ports of EastIndia to the merchants of the East-India Company trading into those parts, whereby they were much damnified; and thereupon suspecting that it might be in vain to complain for redress in an ordinary course of justice in the East-India, or in default thereof to return into Spain to make complaint to that purpose, where nothing was likely to be done till they had sent from thence again into the East-Indies, and received an answer; and after all this, upon denial of justice in Spain, to come into this kingdom for letters of request, without which in ordinary course they should not use reprisal, and many years would be spent before they could come to have an end of their suits; It is true, that thereupon, partly in their defence, and partly for amends, and partly for revenge, they did by pretext of the said letters-patents take some goods of the Portugals in the East-Indies, subjects to the king of Spain; and afterwards being commanded by the king of Persia to transport certain forces of his in Ormus, an island situate in the country of Persia, some goods of Portugals subjects to the king of Spain were there taken by captain Blith and captain Wedell, and others of their Company, being servants and in pay under the East-India Company.

"In July 1623, two ships called the Lyon, and the Jonas, being part of a fleet belonging to the said Company, returned from Ormus aforesaid out of an East-Indian voyage, and arrived in the Downs richly laden with goods and merchandise law fully belonging to the said Company, and estimated to the value of 100,000. The duke of Buckingham, in or about Oct. 1623, being advertised thereof, well knowing the Company to be rich, and apprehending in himself a probable ground how he might exact and extort some great sum of money from the said Company out of the profit of these ships and their lading, by colour of his office of Lord Admiral of England, and out of his power and greatness, his office being used for a groundwork of his design therein, did thereupon pretend, that the lading of the said ships was for the most part with goods piratically taken at sea in the parts about Ormus aforesaid, and that a tenth part, or some other great share thereof, did belong to him in the right of his said office of Lord Great Admiral of England, and by 4 Q

virtue of his letters-patents and grant from his late majesty in that behalf; alledging withal, howsoever the said Company might peradventure answer the matter, yet there would and' might be strong opposition against them. These words were used to possess them with fear, and to make them stand in awe of his power, when he should come afterwards particularly to press them to yield to his unjust demands. Ilaving once resolved of his ends, which was to get money, he thus proceeded to effect the same. In the months of Nov. Dec. Jan. and Feb. then next following, he had divers times treaties by himself and his agents with the then governor and others of the said Company, for the effecting of his said designs; wherein he still unlawfully pretended that a tenth part, or some other great share, out of the lading of the said ships, belonged unto him; albeit the said Company upon right information of their cause to their council, both civilians and commonlawyers, were advised that there did no tenths or other such shares belong to the said duke, as he pretended.

of fair winds, but rather to take time enough before-hand, for fear of the contrary: Nor can the lord admiral of England, who is custos marium domini regis, and hath jurisdiction of all foreign parts, super altum mare, be admitted to pretead himself ignorant of this secret, or of any other particulars belonging to the seas and voyages.) The duke therefore apprehending, and well weighing how great a hindrance, or rather what an absolute loss it would be to the Company, if these their ships and pinnaces of so great value, and bound forth in so instant and difficult a voyage, should be stayed for any long time, now they were ready to set sail, and the season of going upon point to expire: The said duke upon the said first day of March, 1623, to effect his designs upon the said Company, and to get that by circumvention and surprisal, which in a legal and due course of justice he had not hopes to obtain: Not thinking it sufficient, that the sense of his displeasure lying over the Company as an ominous cloud threatening a storm, if they did not appease him by some great sacrifice; and to cast them "And whereas the said duke by this time yet further into a farther strait, not sparing to finding that he could not prevail to get his ends abuse your lordships in parliament, by making by any fair course, continued yet resolute to you unwilling instruments to give colour and make his gain upon the Company by right or advantage to his secret and unlawful practises. wrong, as he might; and to that purpose made Upon the said first day of March, he put your use of the following opportunities and advan- lordships, sitting in parliament, in mind, touchtages; in such cunning and abusive manner asing the great business likely to ensue upon disI shall further open to your lordships. The solution of the then treaties with Spain, and said duke well knowing that the said Company | that a speedy resolution thereof was necessari. had then four ships, called the Great James, the Jonas, the Star, and the Eagle, and two pinnaces called the Spy and the Scout, the said ships and pinnaces, with their victuals, store and ordnance, were of the value of 54,000l. and more, laden with lead, cloth, and other merchandise in them to the value of 20,000/. and more, and having in them also about 30,000l. in rials of Spanish money; in all, 100,000l. and more.

"These ships and pinnaces were well near ready to set sail for a voyage into the East-Indies by the first day of March, in the 21st year of his said late majesty's reign; and he wellknowing how great a hindrance it would be to the said Company, if the said ships and pinnaces should be stayed for any long time, the rather in regard if they did not set sail about that time of the year, or within twenty days after, they had utterly lost their voyage for that year; the reason whereof dependeth upon a secret of winds, called the Mansounds, which are constantly six months easterly, and six months westerly, every year at their set times, in those parts of Africa, about the Cape of Bona Speranza; (for of those winds, all ships going hence into the East-Indies, are to make their use, in the usual and due time; which yet cannot be done, if men take not their opportunity by coming to the Cape in their proper and due season, and in so long and dangerous a voyage, wherein the Equinoctial Line is twice to be assed, it is no good discretion to stay the ut

time in going from hence, in confidence

ly required, for that the enemy would preternit no time; and if we should lose the benefit of that spring, he said it would be irrevocable; and thereupon he took occasion to move that house, whether he should make stay of any shipping that were then in the ports, as being high admiral he might, and namely, the said ships prepared for the East-Indian voyage, which were of great burthen, well furnished, and fit to guard our own coasts: Which motion was generally approved of the whole house, knowing nothing of the duke's secret designs and private intentions. And the same day a motion was made amongst the commons in parliament to the same effect, by sir Edward Seymour, kt. the vice-adiniral to the duke of the county of Devon; which in respect of the time when, and person by whom it was propounded, is very suspicious, that it issued al from one spirit, and that he was set on by the duke, or some of his agents; the truth whereof, your lordships may be pleased to search out and examine as you shall see cause. By colour of this Order of the lords house of parliament, the duke caused John Pexal marshal of the Admiralty, to make stay to be made of the said ships and pinnaces; howbeit notwithstarding all the occasion pretended for the defence of the realm, there were not any other ships staid at this time.

"The Company perceiving, by the course of things, from whence these evils moved, upon the 5th of March, 1623, became earnest suitors to the said duke for a releasement of their said

ships and pinnaces; whereunto the said duke replied, That he had not been the cause of their stay: but having heard the motion in the lords house, he could do no less than order as they had done: Yet to attain his ends, and put them in some hope of favour by his means; he told them withal, That he had something in his pocket might do them good, and willed them to set down what reasons they would for their suit, and he would acquaint the house there with: Nevertheless about this time he presumed of himself at Theobalds, to give leave for the ships and pinnaces to fall down as far as Tilbury, there to attend such further direc tions as should be given unto them, with leave so to signify by word of mouth to the serjeant of the Admiralty, for that the duke had then no secretary with him. Thus somewhile by threatening of strong oppositions and terrors, and otherwhile by intimating hopes of favour, and good assistance, the duke sought to accomplish his purpose, yet prevailed not; and so the 10th of March, 1623, the king's advocate Dr. Reeves, advocate for the king and lordadipiral, made allegation in the Admiralty on the duke's behalf; and by his procurements, that it appeared by examinations there taken, that 15,000l. and more, piratically taken by the said Captain Blith and Wedel, and their complices, upon the sea near Ormus, and in other parts within the jurisdictions of the Admiralty, was come into the possession of the treasurers of the East-India Company, and remained in their hands, and prayed it might be attached; and the said treasurers be monished to appear the Wednesday then next following, and there to bring in the 15,000l. to remain in deposit with the register of that court.

Company, did again earnestly press their imprisonments, but the judge took time to consider of it. The Company finding by these extraordinary and extreme courses, the drift of the duke, whose greatness and power seemed unresistable, and his mind implacable, without satisfaction to his own content, and withal observing what a strait they were cast into, by reason of the stay of their ships; which, if it were much longer, they must needs lose their voyage utterly for this year, and the very unloading of them would endamage them to the value of the sum extorted: And being told, that the eye of the state was upon this business, and that it would light heavy upon them; and hearing the duke protest, their ships should not go, unless they compounded with him; and finding that he made difficulty of releasing their ships, by saying, The parliament must be moved, before they could be discharged, albeit the wind were now fair for them. And making overture of some reasonable grounds of compo sition, by offering to grant letters of mart to the said Company for the future, against the subjects of the king of Spain, while yet the peace and treaty between his late majesty and the king of Spain, were not broken or dissolved.

"The said Company being intangled by the duke's subtilty, and overcome at last by the terror of his power and greatness, was drawn to make offer of 6,000l. to the said duke, which was rejected as a base offer. And now the time pressing them on very hard, some consultations were had amongst them, Whether it were better for them to make use of a clause in their patent, allowing them three years to draw home their estates, and so to let their Company die, and be dissolved, or else to yield to the duke's desire: yet in conclusion, they were drawn in to offer him 10,000l. for their peace,

"The same 10th of March, a Warrant issued forth accordingly directed to the marshal of the said court; and upon the same next Wed-if it could serve; which offer was made unto nesday, the 17th of March, the said warrant him accordingly, but at first he would not accept was returned by the said marshal, that the day it; howbeit, about the 23rd of March, 1623, before he had attached the said monies in the they agreed to give him the said 10,000l. which hands of Mr. Stone, then present in the court, he accepted; and forthwith moving the lords of and had admonished him, and Mr. Abbot, the parliament, or acquainting them therewith, he deputy-governor of that Company, and divers retracted their ships, and gave them leave to others then present, to bring the same into depart on their voyage; which they accordingly court. Upon the same Wednesday also, it did, setting sail the 27th day of the same month was prayed by the king's advocate, That Mr. from the Downs. And afterwards upon the 5th Stone, and all that had an interest in this of April, 1624, the duke signified unto the lords money, might be pronounced as in contumacy, house of parliament, That his majesty, at the and therefore be arrested and detained until humble petition of the East India Company, 15,000l. were brought into the register. had commanded him to discharge the East Hereupon sentence of contumacy was pro- India ships, which he had once stayed, accord nounced, but the payment thereof was respiteding to the order of this house, made the 1st day until Friday following. Upon which 17th of of March then last past; and moved, That the March, this sentence being pronounced, Mr. said order might be countermanded: and thereStone, Mr. Abdy, and others, officers of the upon it was ordered, That the clerk of that said Company, then present, informed how the house should cross the said order of the 1st of Governor was lately dead, and buried but the March out of his book, which was done accordday before; and that upon Wednesday then ingly; and afterwards the said 10,000l. was next following, they had appointed a Court for paid unto the said duke; which he received Election of a new Governor, and until then they and accepted accordingly. And upon the 28th could resolve of nothing, and therefore desired day of April aforesaid, suffered a colourable further respite. The Advocate nothing relent-sentence in the Admiralty to be given against ing at this reasonable excuse, and desire of the him for their discharge, in such sort, as by the

*

prove

unto your lordships only two things: first, that a pretence of right by the duke, if he had none, will not excuse him in this case; and in the next place, to shew by reason and good warrant, that he had in law no right at all to release. "For the former, I will rely upon the substance of two notable precedents of Judgments in parliament, the one anticut in the 10 Rich. 2, at which time the commons preferred divers Articles unto the lords in parliament, against Michael de la Pool, earl of Suffolk, lord chancellor of England, accusing him, amongst other things, by the first Article of his Charge, Tint while he was Lord Chancellor, he bad refused to give livery to the chief master of St. Antho ny's, of the profit pertaining to that order, till he had security from them, with sureties by recognisance of 3,000l. for the payment of 100%. per ann. to the earl, and to John his son, for their lives. The earl, by way of Answer, set forth a pretended title in his son, to the chief mastership of that order, and that he took that 100l. per ann. as a composition for his son's right. The commons replied, shewing amongst other things, That the taking of money for that which should have been done freely, was a sell

conclusion, the pretended right of his son not being just or approved, the offence remained single by itself a sale of law and justice, as the law termeth it, and not a composition for the relcase of his interest. So the earl for this, amongst the rest, was sentenced, and greatly punished, as by the Records appeareth.

same sentence appeareth. And for a colour, | nity. It remains therefore, that I should he sealed and delivered unto the said Company, a deed of acquittance or release of the said 10,000/. and of all his pretended rights against them, as by the deed thereof also appeareth. And whereas it may be imagined by some misconceit, that out of this an aspersion may be laid upon his late majesty, in regard the duke was pleased to say in the conference between both houses, 18 March last, That the said king had 10,000l. of the said Company, by occasion of this business. The house of commons have been very careful in their proceedings in this, as in all other things they have, and ever shall be, to do nothing which may reflect upon the honour of their kings: and in this particular, by that which hath been here at first declared of the manner and occasion of the said goods and monies taken from the said Portugals, and receiving the same as aforesaid, while the said peace was continuing, and the said treaties indissolved; it appeareth, that it had not been safe for the said Company to stand out a suit concerning that business, wherein they might have need of his majesty's mercy and pardon, but it was both safe and good for them to give 10,000l.; and it well stood with his late majesty's honour, for that sum to granting of the law, and so prayed judgment. la them a pardon, which he did, to their great contentment and satisfaction; and yet we find, that this 10,000l. also was paid into the hands of Mr. Oliver, the duke's servant, but find not any record, by which it doth appear unto us, that ever it came unto his late majesty's use. And it is observable in this case, that the oppression fell upon the same Company shortly after the great affliction which happened unto some of them at Amboyna in the East Indies, by means of the Dutch, which might have moved a noble mind, rather to pity than punish the Company, after such a distress so lately suffered. "Having now finished the narrative part belonging to this Charge, I shall observe unto your lordships upon the whole matter, the nature of the duke's offences by this Article complained of, and what punishment it may deserve. His default consisteth in the unjust extorting and receiving the 10,0001, from the East India Company against their wills, try colour of his office. Yet, as offenders in this kind have commonly some colour to disguise and mask their corruptions, so bad he his colour was the release of his pretended right to the tenth part, or some other share of the good-, supposed to be pirati cally taken at sea by the captain, and the servants, or the Company: and though his lordship may perhaps call his act therein, a lawful composition, I must crave pardon of your lordships to say thus, that if his supposed right had been good, this might peradventure have been a fair composition: the same pretence being unsound, and falling away, it was a mere naked bribe, and an unjust extortion; for if way should be given to take money by colour of releases of pretended rights, men, great in power and in evil, would never want means to extort upon chener sort at their pleasures, with impu

"The other precedent of like nature, is more modern, in the Case of the earl of Middlesex, late lord Treasurer of England, † who wa charged by the commons in parliament, and transmitted to your lordships for taking of 500%. of the Farmers of the Great Customs, as a Bribe, for allowing of that security for par ment of their rent to the late king's majesty, which, without such reward of 5001, he rsd formerly refused to allow of. The earl pretended for himself, That he had not only that 5007, but 500!. more, in all 1,000. of those farmers, for a relcase of his claim, ta four of two and thirty parts of that farm: but, upon the proof, it appearing to your lordships, that he had not any such part of that farm as he pretended, it was on the thirteenth day of May, in the 22d year of his late majesty's reign, adjudged by your lordships in parliament, which I think is yet fresh in your memories, That the carl for this, amongst other things, should undergo many grievous censures, as appeareth by the records of your lordships house, which I have lately seen and perused.

"And now being to prove, that the said Duke had no title to any part of the goods by him claimed against the East-India company, I shall easily make it manifest, if his lordship's pretence by his own allegation in the admiralty

* See vol. 1, p. 89.

See p. 1183 of this volume.

"In or about the 22d year of the reign of our late dear sovereign lord, king James, of famous memory, there being then a treaty between our said late sovereign and the French 2. By law; so are the statutes of this king, for a Marriage to be had between our' kingdom, and more especially in 27 Edw. 3, then most noble prince now our most 13. whereby it was provided, That if any mer- gracious king, and the French king's sister, chant, privy or stranger, be robbed of his now our queen, and for entering into an goods upon the sea, and the same came after-active war against the king of Spain, and his wards into this realm, the owner shall be re-allies in Italy, and the Valtoline. Our said ceived to prove such goods to be his, and upon proof thereof, shall have the same restored to him again.