DOCUMENTS

        ILLUSTRATING THE IMPEACHMENT 


                   OF THE 


              DUKE OF BUCKINGHAM 

                  IN 1626. 



                 EDITED BY 

          SAMUEL RAWSON GARDINER, 

       DIRECTOR OF THE CAMDEN SOCIETY. 




       PRINTED FOR THE CAMDEN SOCIETY. 
              M.DCCC.LXXXIX. 







               WESTMINSTER: 
        PRINTED BY NICHOLS AND SONS, 
           25. PARLIAMENT STREET. 


            [NEW SERIES XLV.] 

COUNCIL OF THE CAMDEN SOCIETY
FOR THE YEAR 1888-9.

President, THE RIGHT HON. THE EARL OF CRAWFORD, LL.D., F R.S.
   PROFESSOR MONTAGU BURROWS, M.A., F.S.A.
   JAMES J. CARTWRIGHT, ESQ., M.A., F.S.A., Treasurer.
   REV. J. SILVESTER DA VIES, M.A., F.S.A.
   JAMES E. DOYLE, ESQ.
   REV. J. WOODFALL EBSWORTH, M.A., F.S.A.
   JAMES GAIRDNER, ESQ., Secretary.
   SAMUEL RAWSON GARDINER, ESQ., M.A., LL.D., Director.
   REV. F. A. GASQUET.
   J. O. HALLIWELL PHILLIPPS, ESQ., F.R.S., F.S.A.
   ALEXANDER MACMILLAN, ESQ., F.S.A.
   THE RIGHT REV. THE BISHOP OF OXFORD, D.D., F.S.A.
   THE EARL OF POWIS, LL.D.
   HENRY REEVE, ESQ., D.C.L., C.B., F.S.A.
   S. R. SCARGILL-BIRD, ESQ., F.S.A.
   PERCY M. THORNTON, ESQ.


The Council of the Camden Society desire it to be understood that they are not answerable for any opinions or observations that may appear in the Society's publications; the Editors of the several Works being alone responsible for the same.


v

INTRODUCTION.

In selecting five subjects out of those which were dwelt on by the accusers of Buckingham, I have been influenced solely by the fact that on these only have I been able to obtain documentary information of any value. I shall now proceed to deal with each of the five subjects in turn.

  1. On the charge relating to the purchase of the Wardenship of the Cinque Ports there is not much new matter to be produced. That the purchase took place is beyond question, but the papers now printed appear to show a probability that Buckingham, in making the purchase, had a public object in view.

  2. Concerning the guard of the seas there is even less that is new to be shown. All that appears is that Sir Francis Stewart, who was sent out to protect English trade, considered that he had done his best under the circumstances.

  3. The seizure of the St. Peter of Havre de Grace was a more important matter. The managers of the impeachment dwelt on the fact that the ill-treatment of French merchants was provocative of an impolitic war with France, and alleged that the seizure of valuable property from this particular ship was simply the result of vi Buckingham's wish to enrich himself. The papers now published show that the latter suspicion was unfounded, though they also show the extreme carelessness with which public accounts were kept in those days. As to the first charge, they bring forward the danger of overlooking the growth of a contraband trade between Spain and her possessions in the Netherlands carried on in French vessels.

  4. The fourth subject, that of the extortion of 10,000l. from the East India Company, is admirably suited to illustrate Buckingham's high-handed proceedings. During the Duke's absence in Spain in 1623 news arrived that the East India Company's ships had, in 1622, taken Ormuz for the Shah of Persia from the Portuguese, and had taken some booty there. Upon this James sent for the deputy of the Company (p. 71) and advised them to make Buckingham a present. On this the Company (p. 73) offered 2,000l. Buckingham, on his return, seems to have thought this insufficient, as proceedings were commenced in the Court of Admiralty against the Company, with the object of showing (p. 73) that its ships had taken prizes of considerable value from the Portuguese, a tenth of all prizes being the perquisite of Buckingham as Lord Admiral. It was alleged (p. 83) that the prizes amounted to no less than 100,000l., and the Lord Admiral's share would therefore amount to l00,000l.

    The Company at once sought the opinion of Dr. Zouch and were advised by him (p. 85) that it was doubtful whether Buckingham could claim tenths unless he had issued letters of marque, which he had not done in this case. The Company after some delay thought it best to approach the Lord Admiral by petition showing him what their case was, instead of contending against him. Before, vii however, they had time to do this, Buckingham took an unexpected step. In the beginning of March, 1624, on occasion of a motion in Parliament for an embargo on ships ready to sail from the Thames, in order to make use of them if necessary in the threatened war with Spain, he ordered (p. 89) the stay of the East India ships in the river. That he might have a second string to his bow, he allowed (p. 90) the proceedings of the Court of Admiralty to go steadily on, where the King claimed 15,000l. from the Company (p. 115) on the ground that they had committed piracy in seizing Portuguese prizes. On March 22nd James demanded 10,000l. for Buckingham, and 10,000l. for himself (p. 116). On the 23rd, on the humble suit of the Company, the ships were allowed to sail. The King, however, continued (p. 118) to insist on 10,000l. apiece for himself and his favourite. In the end Buckingham got his 10,000l., for which he gave an acquittance on April 28th, 1624. The greater part of the other 10,000l. was paid to the King on July 9th. 2,000l. was still outstanding (p. 137), but it was doubtless paid soon after the peremptory demand made on July 15, with which this collection closes.

  5. The proposal to supply English ships to make good the deficiencies of the French navy arose out of the seizing by Soubise of French war ships in the harbour of Blavet, on January 7/17, 1625. On January 13/23 Louis XIII. applied to Buckingham (p. 141) for six or eight ships, some belonging to the King and others to English merchants.

    On January 17/27, the French Ambassador in England, the Marquis of Effiat, was able to report that Buckingham, who was at that time anxious to obtain French assistance for his continental designs, was prepared to grant the request. During, the next few days, the viii assent of James was obtained, and the preparations pushed on. It was before long arranged that one ship of the Royal Navy should be lent to the King of France, and that seven merchant vessels should be hired to him for service against Soubise and the Huguenots. On March 25th, a contract (p. 158) was signed by Effiat, and the owners of the merchant ships in question.

    On May 8th, Buckingham signed a warrant (p. 174) to Captain Pennington, who commanded the Vanguard, and to the captains and masters of the seven merchant ships, directing them in the name of the new King, Charles I., to betake themselves to such a port in the dominions of France as the Ambassador shall direct. On May 18, however, a letter from Sir John Coke, the chief personage amongst Navy Commissioners, informed Pennington (p. 176) that he was not to take part in the civil wars of the French … or against them of our religion in that kingdom or elsewhere. The explanation of this change of front was that Buckingham was now at Paris, where he arrived on May 14, and he was now resolved that there should be no real alliance between England and France, unless Louis consented to come to terms with the Huguenots. Though Buckingham got few concessions from Louis, he succeeded in persuading him to send a gentleman to Rochelle to invite the Huguenots to send deputies to treat for peace. Buckingham was all the more anxious to be spared the unpopularity of employing the ships against the Huguenots, as a Parliament was impending, and as the captains, and probably the crews of the merchant-men, had shown great unwillingness to engage in the service. Besides, it was no longer possible in May, as it may have seemed possible in January, to cover a junction with a Roman Catholic enemy against his Protestant subjects with the blaze of military triumph in the Palatinate in conjunction with a French army.

    ix Pennington was therefore directed to delay the surrender of the ships as long as possible, under the pretext of using them to convoy the Queen to England (p. 178, 180). He did not start from the the Downs till June 9th (p. 181), and reached Dieppe on the 13th (p. 182). At once a wrangle sprang up between him and the French authorities about the number of French to be received on board, and various other points came to be in dispute, of all of which Pennington made the most (p. 191). At last, at midnight, between the 26th and 27th, Pennington, under pretext that the weather was too bad for him to remain longer in Dieppe Roads, weighed anchor, and returned to England (p. 203). On the 28th, he informed Buckingham that he had come back because he had learnt (p. 204) that the French intended to use the ships against the Huguenots, to which, in accordance with his instructions, he could not yield.

    Charles and Buckingham were now in a difficulty. They must either offend the English Parliament or the King of France. Their only chance of escape lay in the possibility that the King of France would make peace with his Protestant subjects, and would thus have no further need of the English ships. The despatches of Lorkin, Charles's agent at the French Court, must have been anxiously expected. The one of June 28th at all events held out hopes of the satisfactory conclusion of the treaty. It was probably in consequence of the hopes thus raised that the Duke of Chevreuse, who was in England on a special mission, was able to write on July 9/19 (p. 224) that Charles consented to allow the King of France to have complete mastery over the ships, and that Effiat was to go to Dieppe to take possession of them. An order to the effect that as many persons as the King of France chose were to be admitted on board was given by Conway on July 10th (p. 228), and on July 16th Buckingham added instructions to Pennington (p. 235) to return to x Dieppe with all speed. Buckingham's secretary, Edward Nicholas, was to go to Dieppe to see Conway's order carried out (p. 235). On the 18th Pennington wrote to Buckingham from Stokes Bay (p. 242) that the crews of the merchant ships had mutinied, and had refused to sail till their captain's arrival, at the same time intimating his wish to be recalled rather than to be made a slave to the French. On the 20th, however, the Earl of Pembroke, who acted as a secret agent of Buckingham in the affair, sent a private message to Pennington (p. 249) to the effect that the King and Buckingham were very pleased with the news of the mutiny of the crews, and that he was to keep himself master of his own ship, and that if the French attempted to take possession of it that then his men should take him prisoner and bring away the ship.

    On July 19th Pennington sailed for Dieppe with the Vanguard alone (p. 250). He arrived on the 21st (p. 252). For two or three days his correspondence with Nicholas (p. 252) shows him to have made constant difficulties, whilst Nicholas, as far as his letters went, was continually pressing him and the captains of the merchant ships, who arrived not long afterwards, to surrender their ships to the French: though, from the statements afterwards made by Nicholas (pp. 298, 301), it appears that he privately urged Pennington not to comply with the orders publicly given. Under these circumstances Pennington naturally found excuses for not complying with his orders, and on the 25th he once more sailed for England (p. 266). The merchant ships, however, remained at Dieppe, where their owners and captains kept up an altercation with the French authorities (p. 271). On July 28, it seemed as if these artificial delays had served their purpose. On that day Pembroke sent a message to Pennington assuring him that the King of France was about to declare war against Spain, and had actually made peace with his Protestant subjects. This message xi was accompanied with express orders to Pennington from the King himself to deliver up all the eight ships (p. 275), and Buckingham even went through the farce of assuring Pennington that the King was offended with him for the delay. Pennington accordingly returned once more to Dieppe. On August 5th an agreement was come to for the delivery of the merchant ships (p. 288), and on the same day Effiat gave his receipt for the surrender of the Vanguard (p. 289).

    Unluckily for Charles and Buckingham they had acted on insufficient information. Lorkin's despatch of August 11/21 shows (p. 292) that when the King's terms were being considered at Rochelle, and the townsmen, in assurance that peace was practically concluded, had come out to cut the corn, Marshal Toiras, the French commander, had fallen upon the harvesters, had killed many of them, and burned the crop. After this, all hope of peace was thrown aside, and the ships were taken by the French to serve against Rochelle.

    In 1626, Buckingham, whose underhand dealings were not known, was, as might have been expected, charged by the Commons with having all through the affair deliberately aimed at using English ships against French Protestants.


xii

CONTENTS.

    Page.
Part I.   Documents relating to the Wardenship of the Cinque Ports   1
Part II.   Documents relating to the neglect of the guard of the Narrow Seas   2
Part III.   Documents relating to the St. Peter of Havre-de-Grace   18
Part IV.   Documents relating to the East India Company   71
Part V.   Documents relating to the loan of ships to the French   139

1

THE DUKE OF BUCKINGHAM'S IMPEACHMENT.

Part I.—Documents relating to Article III.

[The third article of the Charge against the Duke alleged that in December 1624 he had bought the Wardenship of the Cinque Ports from Lord Zouch. Of the two documents which follow, the first is the agreement between the Duke and Lord Zouch; the second, the argument in favour of the amalgamation of the offices, prepared in 1626 as an answer to the charge.]

  1. The Agreement betweene the Duke of Buckingham and my Lord [Zouch] for the place of Lord Warden of the Cinque Ports.

    [S. P. Dom. James I. clxx. 16.]

    1624, July 17. An Agreement made the seventeenth day of July, 1624, Betweene 1624, the Right Honorable George, Duke of Buckingham, Lord Admirall of England, and the Right Honorable Edward, Lord Zouche, Lord Warden of the Cinque Portes, both of them of his Majestes most honorable Privy Counsell.

    Inprimis, it is agreed, that if the Lord Zouche shall surrender the pattent of the Cinque Portes to Geo. Duke of Buckingham att Michaelmas next after the date hereof, then he shall receave a 2 thousand pounds in reddy monny of the said Lord D. of Buckingham, and five hundred pounds a yeare by equall porcions during the Lord Zouches naturall liefe: that is to say, two hundred and fifty poundes att our Lady Day next, and two hundred and fifty pounds att Michaelmas after, and soe duly to be paid during the Lord Zouches naturall lief, for security thereof the Lord of Buckingham is content to tye land, or any other security shalbe requyred.

    Item all monneyes, places, and casualties whatsoever happening, growing or dew betweene this and Michaelmas, to be accounted for the Lord Zouche, and all after Michaelmas happening or growing to be accompted to Geo. Duke cf Buckingham till this agreement be perfectly finished.

    Item it is agreed (in respect of true and faithfull service doune to the Lord Zouche) that Marshe, the Clerck of the Castle, shall hould his place; Fulnetby, Serjaunt of the Admiralty, shall hould his place; and Captayne Hill, Muster Master, shall hould his place, during their naturall lives, if they carry themselves justly and truly, or that Geo. Duke of Buckingham shall not otherwise preferre them or give them content.

    Item it is agreed that Sir Henry Maynwaring shall have noe place or commaund in the Cinque Fortes during the D. of Buckingham's tyme in respect of his ungratefull labouring the Lo. Zouches disgrace both att the Court and Parliament, and threatening of revenge on those poore men who did certifie truthes of his misdemeanors.

    Item that the D. of Buckingham doth take this voluntary surrender of the Cinque Fortes from the Lord Zouche as a favor doune to him and doth promise ever to acknowledge it, both in freindshipp and reddynes to second any suyte of the Lord Zouches to his Majestie for his many true and faithfull services doune to the King and State.

    Vera Copia. 3


  2. Argument in favour of the amalgamation of the offices of Lord High Admiral and Warden of the Cinque Ports.

    [S. P. Dom. Eliz. ccxxxvii. 12.]

    1626. That it is most convenient and necessarie for the good of marchantes and seamen tradinge throughe the Narrowe Seas, also for the Inhabitantes of the Cinque Ports, and most especially of important consequence for the affaires of State and securitie of His Majestes shipps to have the offices of Lord Admirall of England Lord Warden of the Cinque Ports executed by one and the same person.

    The Lord Admirall of England claimes Admirall jurisdiccion upon the Narrowe Seas unquestionable, savinge that some privatt libertie of Townes or other pretend to have Admirall jurisdiccion as far as lowe water marke, and some soe far into the sea as they may ride in with a horse and reach with a lance on horse backe, and thus much the Lord Admirall thinkes to be Lord Wardens right and noe more.

    The Lord Warden of the Cinque Ports claimes Admirall jurisdiccion and all flotesomes, wrackes, &c., to belonge to him from Shooe-beacon in Essex to the Red Noore in Sussex, halfe seas over, and denies that the Lord Admirall hath anie power to exercise Admirall jurisdiccion in his lymitt, but that which all his Officers doe by vertue of his warrants is injurous and encroachment uppon the Lord Warden right and priviledg.

    Which difference breedes these inconveniences.

    1. First, if anie man seize or take anie wracke, sweepe for anchors, dredge for cables, way ordnance, or the like, &c., in the right of the Lord Admirall (within the distance aforesaid), the Lord Warden doth attache, imprison, and fine him, if he catch him within the liberties of the Cinque Ports. Sir Edw. Burton performeinge the like service for the Lord Admirall, being a neighbor 4 and joyninge upon the Porte, was forced for many yeeres to forbeare to come within their liberties, for feare of the Lord Wardens warrants. If they whoe are droyte gatherers in the right of the Lord Admirall neglecte the service they are punished by the Admirall.

    2. The Marchantes and Owners of anie wrackt goodes (if anie proprieters doe appeare), are put to great charge and losse, or if some parte be the Lord Admiralls Officers and some by the Lord Wardens; or if both doe seize upon the same thinges, the Proprieters are putt to sue in both Courts; that is the Courte of Admiraltie here att London and in the Courte of Admiralty at Dover: soe each Courte standinge upon their prerogatives, the one in the right of the Lord Admirall, the other in the right of the Lord Warden. The sute proves tedious and chargeable to those who followe it, whoe at last are constrained to compound with both.

    3. The Cinque Ports, which by ancient priviledges ought not to have anie men prest out of their shipps for the Kings service, are much prejudiced by this difference, for the Lord Admirall Officers opposeinge the priviledge of the Portes doe press them into the Kings shippes, and yet the Portsmen are also made subjecte to furnishe soe manie men out of everie Towne as the generall press doe charge them with, which is commonly more then they canne well beare, the mistakeinge beinge only this, that it is intended they are not pressed else where.

    4. When some shippes have bene in greate distresse upon the good wind, which might have be[en] releeved by the Portsmen, they have forborne to go with their boates least the Kinges shipps should comaund them aboard and take the goodes out of their possession after they had indured the hazard of savinge them, by which occasion some shippes have perrisht and others have escaped hardlie.

    5. Yf the Maior or Officers of the Ports refuse the Lord 5 Admiralls warrant, they are complained by[1] the Lord Admirall and punished here; if they obey the Lord Admiralls Warrant, they are punished by the Lord Warden for giveinge waie to anie encroachment or intrucion into his jurisdiccion.

    6. The Lord Admirall hath noe right to give power or warrant to the Captaines of the Kings shipps to presse anie man within the Ports (neither would it be obeyed if he should). And therefore if the Kings shippes be in anie distresse of weather for lacke of men, or have anie suddaine occasion to use men, they canne comaund none from the shoare, which is a mightie prejudice to the Kings service, and would be more in this time of warr, the common randevowe of the Kings shipps beinge in the Downes (which is within the liberties of the Ports), and beinge neerest adjoyninge to Dunkerke and the Enemyes coast.

    7. Yf for the Kings service there be a warrant directed to the Lord Warden, or his lieutennante, to press a fitt shippe within his jurisdiccion, and his Officers finde anie in the Roades, the Masters will seldome obey, but alleadge that they are out of the Lord Wardens jurisdiccion; if the Lord Admirall Officers doe the like, unless the Kings shipps be in sight to comaunde him, the Masters will answere that they are within the Lord Wardens jurisdiccion, and soe[2] the Kinges service is manie times left undoune.

    8. There is such emulacion and difference betweene the Lord Admiralls Offycers and the Lord Wardens that if anie of the Kings shipps men come a shoare and refuse to returne aboarde, the Lord Wardens Officers will not assist the Captaines without order from the Lord Warden or his lieutennante.

    9. If the Kings shipps have anie extraordinarie sodaine occasion to use anie pylottes for the Sandes or the Coastes of Flanders or the like, where the Portsmen are most experienced, they cannot have anie without speciall warrant from the Lord Warden or his lieutenante. 6

    10. There happens manie sudden and greate occasions for the State, wherein bothe the Lord Wardens and the Lord Admiralls authorityes must be joyntly used, and if one be in one place and thother in an other, or if the Ministers of State doe misdirecte their warrants, as not precisely understandinge their[3] lymittes of eithers jurisdiccion, as many times it happeneth, the businesses have bene left undone, or not soe redyly performed as is fitt, and this I have knowne to happen many times.

    For these reasons and inconveniencies tis fitt to have both places united by execucion of one person, whereby all these mischiefs are att once prevented.

    Ob[jection]. It may be alleadged that these two offices are to intricatt and full of busines for one man to execute.

    An[swer]. 'Tis as easie for the Lord Admirall to comprehend the Admiraltie busines of the Ports which extende in length not above 60 myles, as well as the Admiraltie causes of all the rest of the Kingdome besides. And for the Lord Wardens Jurisdiccion by land the bounds are but small and narrowe, and generally the causes of not soe greate importance as that they meritt the attendance of anie greate person, but may verie well be discharged by a lieutennant (as ever hath been) to the contente of thinhabitantes, if he carrie himselfe discreetlie and temperatelie amongst them. And further the Ports held themselves rather burthened then eased by the last Lord Wardens residence there.

    Ob[jection]. 'Tis not agreeable with discretion of State to intrust two offices of soe greate importance in anie one subjectes hands as the Admirall comaundinge all the shipps of the kingdome and the Lord Warden (as they commonly terme it) keepe the keyes of the kingdome.

    An[swer]. For the person of him who doth nowe enjoy both places [Lord D. of Buckingham] I think envy and malice armed with their sharpest dartes canne hardly throwe the least collor of suspiccion upon his fidelitie, which he hath given so good testimony of by his personall attendance and his carriage with the King in Spaine. 7

    1. First, whereof also the malice wherewith the Spanish Ambassador did demaunde his heade of the late Kinge doth give a more stronge assureance.

    2. Secondly, if the shippinge of the kingdome be the walls thereof (as they are most truly reputed to be), and that it be in the power of the Lord Admirall to surrender or betray the shippinge to a foraigne enemy, what importes it who keepe the gates (as the Fortes are figuratively but falsely reputed), for that it is well knowne to men of judgment, that if an enemy had power to master us att sea, there are farr more convenient places to land in for his approaches in the kingdome.

    3. Thirdly, the Fortes of themselves are not able to keepe out an enemy, but the country which is under the Lord Lieutennantes Government must defende the Fortes, and therefore the trust is not soe greate as it is imagined to be.

    4. Fourthly, amongst the Fortes there is not anie harbor able to receive any greate shippinge whereby an enemy, though he gained the place, could secure his shipps, and therefore the place is not of such infinite consequence as 'tis comonly reputed.

    Ob[jection]. The Parliament conceives it to be a grievance that one man should have both those places in execucion.

    An[swer]. Griefe is a passion of the minde caused by a lively sence of some ill or mischiefe; but neither the Fortes complaine nor the Admiraltie of England of anie inconvenience, want of good administracion of justice or direction for the execucion of their affaires; and why shall then the whole body take that for a greevance, which the particuler members whome it concerneth neither feeles nor complaine of?

    Looke into presidentes of former Lord Wardens and you shall hardly finde anie but had other offices annexed to him, and such as are not soe compatible and facily to be executed by the same person; (viz.) Lord Treasurer of England and the like: the Lord Presidentes whereof I gave longe since to my Lord Duke. 8

    The office of Lord Warden is of small profitt, and to anie who shall live here would be a charge rather then a benefitt to him, which being (as 'tis reputed) an office of soe [great] trust, is fittest to be imported to some man of eminent greatness, but what such person will accepte this for a favor or reward of his service from the King and be debarred the enjoyeinge anie other office which may be beneficial to him; and if anie other may be joyned with it in the execucion of one person, the office of Admiraltie is fittest for the reasons aforesaid; besides that, if the Lord Admirall have occasion to attend the gardeing of the Coasts in person the Cinque Fortes are the fittest place of his residence for him where he may att one instant oversee and discharge them both, and either place be more exactly governed by his united power. 9


Part II.—Documents relating to Article IV.

[In the fourth article Buckingham was charged with neglecting the guard of the seas. Sir Francis Stewart, whose account of the state of affairs is here given, was employed by the Duke in the summer of 1625 to protect English commerce in the Channel. A comment upon some of his complaints appears in the annexed letter of Sir John Coke, who was practically the manager of the navy under Buckingham.]

  1. Sir Francis Stewart to the Duke of Buckingham.

    [S. P. Dom. Charles I. v. 49.]

    1625, Aug. 16. My most honored Lord,
    I am much greived that theis Westerne gent, and merchantes should informe your Grace that I have given them no helpe since my coming hither for securing theis coastes. If their complaintes were just and that I should so abuse the truste your Grace hath committed unto mee, I should judge myselfe fitter for Wapping[1] then to command the meanest shipp in the fleet. After I hadd run upp the channell with such shippes as accompanied mee from the Downes and mett with many homewards bound, some from the Southwards, some from the Frenche coaste, some from Ireland, and some from out the Severne, who assured us the coaste was cleere of Sally[2] men and other piratts, the weather beeing thicke and hawsey, the winde highe and in our teethe, wee were forced backe into Plymouthe, where wee tooke in victualls, I beeing then come to our iron bound caske, the last refuge in a long voiage. Upon the first rumor of the retorne of the Turkes, as soone as any of our shippes would either saile, warpe, or to we out of Cattwater I sent 10 to sea Captaine Boteler in the Jonathan with foure more of the nimblest Newcastle men[3] in this Fleet, who after ten dayes unprofitable and dangerous wallowing against winde and weather were forced by stresse into Falmouthe and after into Plymouthe. They gave chase to six sayle of Turkes, who goeing two foote for one faster then our shippes their hulls were layed in one watche. The same daye that Capt. Boteler came in Captaine Edward Harvy in the Royall Exchange, Capt. Mervyn Burleighe in the Mary Constance, and three Newcastle men more putt to sea, but with little better fortune, for two of them are beaten backe with fowle weather into the Sounde, the Mary Constance with such defects as may appeare by an inclosed certificat under her Captaines and Masters hands and one other Newcastle man with him. Captaine Bond is ready in the Saphire with six shippes more with the first faire winde to sett to sea, who is to joyne with Captaine Harvye and to ply betwixt Ushant and Cape Cleere, but that they shall meet with this fleet in the Sleeve[4] I cannot warrant, thoughe I have given them such order, according to your Graces direccons. In leiwe of those gent, and merchants complaynt who came upp to Parliament I hadd presented them with an humble petition that they would have procured an Acte that wee might have faire windes at pleasure to performe their service, but that I doubted they would hardly find any president for it.

    The Lion hath been divers tymes loose since taking in of our victualls to putt to sea, but the winde hath ever been so contrary or blowen so highe that wee could not saile, and durst not warpe or towe a shipp of her lengthe out of this narrowe gutt the Catt Water. Many of our men are fallen suddenly sicke in my opinion for want of clothes and vineger to washe between deckes, and most of them of late since shee sprung new leakes never suspected before; for, after wee hadd taken most of our victualls on board, shee made 11 in six howres three foote six inches in howld; whereupon I have caused all her ordinance, victualls, and sea stores saving her lower tyre of beere (which for endangering of the caske I dare not venter on but upon meere necessity) to bee taken out of her, and yet is shee still a very leaky shipp. Further then to see her safe I dare not meddle, untill I receave your Graces commands, which I beseech you to hasten. As for my private greife in the Nonsuch heretofore upon the like occasion, and now in the Lyon, I will not trouble your Grace. But this is too ordinary a desease of the old shippes, which, if it bee not cured by your speciall care, may bring with it, besides dishonor, the losse both of the shippes and the men that sayle them. The Raynebowe, who hath been also leakey, will bee shortly ready; but beeing a shipp of so greate importance, I would willingly knowe your Graces pleasure whether you would have her putt to sea or not against theis Picarroones of Sallye, who as long as they are supplyed by the Flemishe Freebooters with men, munition, victualls, and all manner of sea stores (most wherof they have from our shoare, and therwithall barter with those Infidells for the Englishe and other Christians goods). And that our Newfoundland fleete, consisting of 300 saile or neere upon, as I am informed, will not arme themselves for their defence, choose but some few of their best shippes and fitting them accordingly to attend and wafte them, nor appointe a certaine tyme and rendesvous when and where to meete, and so proceed securely on their voiage, as other nations doe, but goe scattering both outwards and homewards-bound by twoes and threes and single to make the best of their markett as they terme it. Theis Picaroones I say will ever lye hankering upon our coaste, and the State will finde it both chargeable and difficult to cleere it or secure the Newfoundland fishermen from them, unlesse it bee directly resolved to sacke Salley, a secure way if easy to bee performed, as some report it is that are lately come from thence. In the meane tyme whilst they are sicke of this pannick feare (an uncureable disease in a multitude till they see the event) your Grace must expect many complayntes; but by 12 Gods helpe, as neere as I can in this perticular emploment wherwith your Grace hath honored mee, there shall bee noe just cause. As for Monsieur de Soubize his carriage and those of Rochell, wherupon it would bee necessary your Grace caste your eye, I humbly referre you to theis inclosed examinacons of the Englishe, and theis notes under his Captaines owne hands, for feare of troubling you with too much letter. So with the best thanckes an honest heart can retorne for your Graces many and great favors, and with my earnest prayers to the Almighty for your healthe and happines, I kisse your hands.

    Your vowed servant, my most honored Lord, theis come from.

    Franc. Stewart.

    On board the Lion,
    16 August, 1625.


  2. Inclosure in No. 1.

    [S. P. Dom. Charles I, v. 49, iii.J

    1625, Aug. 13. The Examinacion and Informacon of Richard Malyn, Master of the Amity of Ipswich, given this 13th day of August, 1625.

    He saith that in the Harbore of Famouth he mett with the Master of a shipp belonging to Sir Wm. Hull, of Ireland, that latly came from Rochell, who complained unto this Examinant that being neere the said Towne with his shipp divers of Mons. de Soubizes his Souldiers came aboord him, tooke foorth of his Shipp five peeces of Ordinance and foure Murderers, with all his amunition on board him, thereunto belonging, And with unmercyfull beating of the men belonging to the said Shippe constrained them to hoise out theire Ordinance themselves. By reason of this barbarous usage and want of his Ordinance, the said Master tould this Examinant that being homeward bound for Ireland, somewhat of Ushant, a small Turke of Sally, full of men, boorded him, and for want of the munition so taken from him. tooke him, made spoyle of his goodes, and caryed 13 men and boyes out of him to the great damage of 13 the Owner, Sir Wm. Hull, and the utter undoeing of the poore Master, besides the Slavery of so manny Christianes. The said Master also tould this Emaminant that the Frenchmen of Rochell made him answere when he demanded restitucion for his Ordinance that he should be paid for them when the warres were ended. This Examinant likewise saith that the above saide Master so taken reported unto him that the Turkes kept a Servant of Sir Wm. Hulls, being the Marchant on board with them, untill hee hath paid a great somme for the ransome of 4 men sent home in the Shipp, who otherwise had bine carryed to Sally, and the shipp suncke.

    Richard Malin.


  3. Inclosure in No. 1.

    [S. P. Dom. Charles I. v. 49, ii.]

    1625, Aug. 13. The Examinacion of Robert Cornish, Master of the Mary and Anne of Plymouth, taken the 13th of August, 1625, by Sir Frances Steuart on boarde the Red Lion in Catwater.

    Who saith that the 12th day of July laste, he beeinge at Rochell in his said shipp about 12 aclocke at night, fortie souldiers of Rochell came armed aboord him with Pistolls, Swords, and bills, and most barberously fell a beating this examinant's men; tooke from them their Clothes and foure peeces of Ordinance out of the shipp, with powder and such other things as are in this annexed noate inserted. This the Souldiers answered this Examinant that that they did was by vertue of a Commission from Mons. de Soubize, who gave this Examinant (the next day when he besought him for reparacion) this answere from his owne mouth, that if it were to his father or brother he would doe the like. This Examinant further saith that there are staied by violence in Rochell one shipp of London, two of Bristowe, one of Yarmouth, and a Scottsman, all these shipps being of good burthen and full of Ordinance. Hee also saith that theire men are sett on shore without any provision for foode or 14 mounyes to buy any, or to cary them home, but are like to starve there if God provide not the better for them.

    Robert Cornish.


  4. Inclosure in No. 1.

    [S. P. Dom. Charles I. v. 49, i.]

    1625, Aug. 15. The informacions of Captaine Mervin Burleighe and Mr. John Emins, the Captain and Master of the Mary Constance, given the 15th August, 1625, concerning the state of the said shipp.

    They affirme that beeing comanded to putt to Sea in the company of the Royall Exchange, and three Newcastle men more, were driven backe againe with one of those shipps by stresse of weather and contrary windes, betwixt the N. west and S. west, into the sound of Plymouthe, and that there beere caske in reguard they have been so long on board many of them fly on peeces, so that they pumpe cleere beere, and therfore cannot suddenly putt to sea till the same bee helped.

    Mervin Burley.
    John Heaman.


  5. Sir John Coke to the Duke of Buckingham.

    [S. P. Dom. Charles I. v. 77.]

    1625, Aug. 25. Right honorable,
    By a letter from Sir Francis Stewart, I understand that a leake is sprung in the Lion at the instant when shee should have gone to gward the coast from the pirats. But what order hee hath taken to supplie that service according to your Graces late instructions hee writeth not a woord. Yet I dare not thinck that either unwillingness to that service, or desire of a greater ship, occasioned this mischance, thowgh I cannot but mervel that coming so lately out of the dock, and having been about three moneths at sea, and a former leake stopped, shee should thus suddenly prove defective. I have therefore required Mr. Burrel to send presently to Plimouth an hable Master shipwright to survey that and other ships, and to 15 repare what is amiss, and to give true information wher the fault is to bee laid. In the same letter Sir Francis also complaineth that no apparel is cum downe, and that they want vineger. To which I answer that both are provided and sent about by the ships which are lately gone for Portsmouth, and that it was not intended to cloth the marinars in harborowgh to make them handsome to runne away, nor that the vineger should be spent before the Land-men cam aboorde,[5] and when the numbers might cawse infection in the ships. Further, hee writeth of want of chirurgeans and pursers, and of rotten bread and il beere, but nameth not the ships wher theis defects are fownd, nor the quantities or other circumstances wherby the faults may bee known and amended. And your Grace may bee pleased to consider that in so great a preparation and quantitie it wil not bee possible to have al without exception, seing no man in his own howse can bee so provident that no parcel of il bread or il beere may bee fownd. Yet if the quantitie bee smale to raise theruppon an indefinite clamour is prejudicial to the service. And if it bee great the Officers of everie ship owght to certifie it under their hands, that order theruppon may bee taken for supplie. But this wee find too common; that al are readie verbally to find fault, but none to informe us what or how to reforme. Your Grace therfore may bee pleased for prevention both of clamor and danger in the fleet to give direction by letters to your Lieutenant and some principal Commanders to make choise of a number of hable and honest masters, and botswains, and quarter masters, to survey the victuals and provisions of everie shippe in presence of the Maior of Plimouth and of Mr. Jeams Bagge, and the Pursers on the Victualers behalf, and theruppon to certifie under their hands the true defects, and accordingly give order for supplie to bee made as Mr. Lieutenant hath directed; and to this end I have again pressed Mr. Lieutenant (as I have hertofore moved your Grace uppon his own intreatie) that hee would himself go to Plimouth, becawse 16 otherwise hee can not possibly satisfie clamor, nor provide for fit supplies. Besides, it much concerneth the service that hee send a sufficient Deputie along with the Fleete. For without a victualer the arraie can not march, nor anie supplies bee sent aboord the ships, nor anie victuals taken from the enimie bee orderly preserved and disposed. This was doune in former voyages; in some of which himself and Sir Marmaduke Darrel went in person. I have therefore intreated him to send an hable man, wherof hee wil bee more careful if it may please Your Grace to require it at his hands.

    For the careages to bee provided for the three sorts at the Downs with the monies disbursed by your Grace to Captain Christian, wee have by Mr. Burrel taken such order as is required; And I have written to the Officers of the Ordinance both for their assistance herin and also to supplie those places with fit proportions of powder and munition when the ordinance shal bee mounted. I have also written to Mr. Evelin to proceed in making powder in as great quantities as hee can, assuring him that your Grace wil move the Lord Treasurer for his monies, that the land may not bee unfurnisht of so necessarie a provision at this time. But besids the three forts above mentioned, ther is a place which I conceave to bee of greater importance, and in more danger to bee surprised, namely, Harwich, wher I understand al the ordinaunce is dismounted, the platforms decayed, and the forts abandoned, so as a few Dunckers may without interruption enter that harborowgh, and first burn 50 or 60 saile of Newcastle ships, which ther are laid up, and then landing a few men may burn that ritch town and go on to Ipswich, if some present care bee not taken for the gward of that place. This place then above others must bee considered of. And if the hast wil not effect the ordinarie slow proceeding in the Office of the Ordinance, if 300l. may bee allowed, Mr. Burrel wil go thither, and with the help and assistance of the cheef Magistrats of that place wil set forward the woorke: and if the Officers of the Ordinance (to whom I have written to that end) wil undertake the business, it shal forthwith 17 bee delivered into their hands, or els proceeded in as your Grace shal direct. My only indevor is to neglect nothing wherin I may do his Majeste anie service, and wherby I may express that I am

    Your Graces
    most obedient Servant,

    John Coke.

    Tottenham,
    25 August, 1625.


18

Part III.—Documents relating to Article V.

[The fifth article of the Duke's impeachment alleged that a French ship, the St. Peter, of Newhaven, or Havre de Grace, was brought into Plymouth about Michaelmas 1625, England being at that time in peace with France, upon probabilities that the said ship or goods belonged to the subjects of the King of Spain. It was further alleged that goods to the value of 20,000l. were taken out of her and delivered to the Duke's servant, Gerald Marsh; that the ship and the residue of its cargo was brought up to the Thames; that, two English merchant ships having been arrested on reprisal at Havre de Grace, English merchants trading with France petitioned the Privy Council, in consequence of which, on December 28, 1625, orders were given by Sir John Coke, the Secretary of State, to discharge the ship and goods; that, in consequence it was decreed on January 26, 1625/6 , with the consent of the King's Advocate, that both ship and goods, with the exception of a few parcels named, should be released; but that the Duke, in spite of this decree, not only retained for his own use the gold, silver, &c., i.e. the goods to the value of 20,000l. which had first been taken out of the ship, but had on February 6, 1625/6, ordered a fresh detention of the ship without any fresh evidence or any legal proceeding.

The documents here given will afford a test of the accuracy of these statements.

It will be seen that the point at issue from the beginning was whether the goods were really to be conveyed from Spain to the Spanish Netherlands. It will also appear by No. 2 that the value of 20,000l., or rather (No. 25) 9,000l. or 10,000l. was taken, not for Buckingham's private purse, but for the King. Of the reseisure on February 6 I have no documentary evidence to offer. The Duke, in his answer to the impeachment (Rushw. i. 383), 19 stated that he had received fresh information that the goods in the ship were Spanish, and finding that this evidence was insufficient he gave final orders to liberate the ship.]


  1. The Examination of Capt. John Malo, Capt. of the St. Peter of Harbor de Grace, of burden 90 ton.

    [S. P. Dom. Charles I. vi. 120.]

    1625, Sept. 29. Hee saies hee putt to sea from Harbor de Grace the 26th of Aprill laste, laden with sicers, knives, roan clothe, and other small comodities, some rapier blades, &c.; hee arrived in St. Lucars within three weekes after hee putt from Harbour de Grace. Hee saies his Merchants outwards bounde were Mons. Henry Cavalier, Mons. John Paparan, and Mons. Tho: Fowell. Hee saies his shipp and goodes were imbarqued at St. Lucars, but discharged (as hee saies) by the King of. Spaine upon their putting in of caution by Englishe, by Spanishe, and by Flemings that were their friendes. The condicion of the caution is that in respect the two Kinges of France and Spaine knowe not as yet whether they shall have warres or not, they take security that if warres fall out between them, that then they shall paye so much to the King of Spaine as the goodes are woorthe; if noe warres then the caution is discharged. Hee saies that his Merchants to whom his goodes were first consigned unto at St. Lucars were Peter le Farishe, Mons. Nicholas Blundell, and Lanfrancke David, which were Frenchmen. Hee saieth hee hadd goodes also consigned to Flemings. Hee confesseth hee heard of the embarque before, but would not beleeve it. Hee came from St. Lucars the 29th of August last, and sayes that the same Merchants to whom his goodes were consigned reladed him. His lading homeward bound was 8 great packes of wool, 3 small packes of wool, 2,000 West Indian hides, of which 700 were his owne, 8 balles of Sarsaparill, 4 Searnes of Cana fista, a drugg, 32 or 33 barrells of Cochaneele, 14 or 16 barrells of tobacco, 8 of them his owne, 23 20 bales of Ginger, 500 peeces of Campeache wood of Brasill, 32 bagges great and small of gold and silver, whereof 25 bagges in silver and Memorandum: He confesseth that 2 bagges of gold of the 32 he opened himslfe and will bee accountable for them. a piece of plate was taken out by warrant by Sir Samuell Argall, Mr. Nicholas, &c. 2 boxes of Alcumy gold de groine Dores, 3 cases of bottells of Orenge flower and Rose water, 1 bottle of blacke balsamum, a box of candied orange flowers, two boxes of Emerades in a barell of Cochanelle, one box of Emerades more hidden by his Master, 15 Musketts.

    John Maileu.

    [Sept. 29, 1625.]


  2. Warrant to the Commissioners for the Prizes brought from Plymouth.

    [S. P. Dom. Charles I. i. 90, 1625, Nov. 5.]

    Charles R.
    Charles, by the grace of God, &c. To our trustie and welbeloved Sir Allen Apsley, Knight, Lieutenant of our Tower and Surveyor Generall of our maryne victualls, Sir John Wolstenholme and Sir Robert Pye, Knights, and the rest of the Commissioners for the Prizes sent from Plymouth and to all and every of them greeting. Whereas wee have given order for the delivery of the somme of seaventy thowsand poundes to our trustie and welbeloved Phillip Burlamachi, merchant, to bee made over by him by bills of exchange into the Lowe Countries for our speciall and waighty affaires. Wee will and commaunde you of such monies as shall arrise and growe due to us by the sale of such goodes as were lately brought in by prizes from Plymouth forthwith to paie or cause to bee paid to the said Phillip Burlamachi or his Assignes the somme of twentie thousand poundes in present money and in parte of payment of the said somme of seaventy thowsande poundes to be imployed by him in the service aforesaid. And theis our lettres, together with the acquittance of the said Burlamachi, shalbe unto 21 you and every of you sufficient warrant and dischardge in this behalf. Given, &c.

    This conteyneth Your Majestes Warrant to passe the Privy Seale to Sir Allen Apsley, Sir John Wolstenholme, Sir Robert Pye, and other the Commissioners for the Prizes brought from Plymouth to pay unto Phillip Burlamachi the somme of £20,000 to be imployed for Your Majestes speciall affaires in the Lowe Countries, and is in parte of the somme of £70,000 to be imployed for the service aforesaid, and is donne by order of the Lord Conway.

    Windebank.

    [Indorsed]
    November, 1625.
    Exp[edita]r apud honor: de Hampton Court quinte die Novembris Anno R R Caroli primo.
    Windebank..


  3. Minute of a Letter from Lord Conway[1] to Sir Henry Marten.[2]

    [S. P. Dom. James I. ccxviii. 234.]

    1625, Nov. 7.

    Acquaintinge him with the instances made by the Ambassadors of France and the Lowe Countries for the shipps stayed here and prayinge him to send such reasons as may bee given to the Ambassadors for present answeare.


  4. Sir Henry Marten to Lord Conway.

    [S. P. Dom. Charles I. ix. 32.]

    1625, Nov. 8. My humble duty remembred to your Lordship
    I receaved your lettre by this bearer, whereby I understand that the Ambassadors of Fraunce and the Low Countries are earnest to make stay of the present dispose of the Prizes, and indeed . the like suite is made by some of his Majesties owne subjects (as I heare) for some goods whereunto they pretend. 22

    For my part I can professe to know noe other disposition yet intended, but that all the goods should be landed, inventaried, and praised, and on Satterday next[3] all who pretend to any of those shipps or goods to appear and propound theire claimes at Maydenheads in Court to be holden there. For the rest I shall so proceed as not justlie to be taxed for any unnecessary delay or unfitting hast. As for the reasons and proofes how those became good prizes the busines is not yet arived to that ripenes before me as that I should be able either to satisfie your Lordship or myselfe therein; but since the receite of your Lordships lettre I spake with Mr, Wyan, who is Proctor in those causes for his Majestie and the Lord Admirall, to whom Mr. Secretary Cook hath delivered all such examinations which he hath, and he seemeth to conceive good hope to make sufficient justification for his Majesties interest, &c., in a great part of theise prizes, provided that the Frenche Embassador be not over eager in behalfe of some Callico Marchants, Spanishe and Flanders factors, who, haveinge been borne and brought up subjects to the King of Spayne, have since the end of the last truce betweene the King of Spayne and the United Provinces removed theire habitations to Callice, with purpose only to accomodate and advaunce the trade betweene Spayne and Flaunders.

    Better or fuller advertisement for the present I cannot yield your Lordship, and therefore I humbly take my leave, and rest Your Lordships most humbly to be commanded,

    Henry Marten.

    Bray, this 8th of
    9ber , 1625.


  5. Proceedings in the Court of Admiralty.

    [P. R. O. Admiralty Court, Book of Acts No. 159.]

    1625, Dec. 1. Crastino die Juridico post festum sive diem Sancti Andree Apostoli die Jovis primo vizt die mensis Decembris Anno Domini Millesimo sexcentesimo vicesimo quinto. Coram venerabili viro 23 Willielmo Saumares Legum Doctore Surrogate venerabilis et egregii viri Domini Henrici Marten Militis et Legum Doctoris Supreme Curie Admiralitatis Judicis sive Presidentis. In Aula Collegii Dominorum Advocatorum infra parochiam Sancti Bened[icti] prope ripam Paulinam London notorie scituata. In presentia mei Thome Wyan notarii publici Curie predicte Eegistrarii deputati.

              *   *   *   *   * 
    

    Super petitione Domini Doctoris Ryves. Quo die (facta preconizacione omnium et singulorum in hac parte citatorum eorumque quolibet non comparente) Dominus Doctor Ryves quoad non comparentes et bona non vindicatata accusavit eorum contumacias et Dominus ad ejus petitionem pronunciavit omnes et singulos non comparentes contumaces et in penam contumaciarum suarum hujus modi, dictus Dominus Doctor Ryves dedit articulum ex primo decreto, quern Dominus ad ejus petitionem quoad non comparentem et bona non vindicata salvo jure comparentium (facta prius fide per dictum Doctorem Ryves de veritate contentorum in eodem juxta informationem sibi traditam quam credit esse veram) admisit et decrevit prout in eodem continetur, et decrevit dictas pecuniarum summas, aurum, argentum, jocalia, et cetera bona, res, merces, et mercimonia in hac parte arrestata et non vindicata fideliter apprecianda fore et (facta appretiacione et edita caucione de jure in hac parte requisita) possessioni Domini nostri Regis (causa rei servande) tradenda fore. Et tune porrecta per dictum Doctorem Ryves billa expensarum, eoque petente easdem taxari, Dominus taxavit easdem ad viginti libras legalis monete Anglie. Et Dominus Doctor Ryves fecit fidem de earum exposicione. Tune dictus Dominus Doctor Ryves introduxit Commissionem pro inspeccione bonorum in dicta nave in hac parte seizita unacum relacione Commissionariorum in eadem Commissione nominatorum eorum manubus subscripta etinstanter instantius et instantissime primo secundo et tertio petiit bona in dicto certificatorio contenta, et ejus generis in dicta nave existentis tanquam peritura, et sic per dictos Com missionaries inventa appretiari, et (facta appretiacione eorundem) publice vendicioni exponi, et plus 24 offerenti vendi, ac pretium et pecuniarum summas exinde provenientes in tuto sequestro custodiri in usura jus in eisdem habentium jusque etc. In presentia Williamson dissentientis et inficiantis allegata per dictum Doctorem Ryves esse vera, et allegantis petita per dictum Dominum Doctorem Ryves[4] esse vera, et allegantis petita per dictum Dominum Doctorem Ryves de jure fieri non debere, et petentis Dominos suos in possessionem bonorum suorum in hac parte petitorum mitti, seu saltern dicta bona sub sequestro custodiri. et allegantis nonnullos testes fuisse et esse in hujusmodi causa productos et examinatos referendo[?] se ad Registrum hujus Curie. Unde Dominus decrevit omnia et singula bona in hac parte controversa exceptis bonis pro quibus testes in hac parte producti jurati et examinati eorumque dicta et depositiones publicata, omnium et singulorum specierum in schedula sive certificatorio Commissionis pro inspeccione dictorum bonorum jam introductorum annexata, specificata ex eo quod peritura sunt, et deterioris et vilioris pretii futura, fideliter per Commissionarios in dicta Commissione nominates apprecianda fore et (facta dicta appreciatione) eadem bona publice vendicioni exponenda, et plus offerenti vendenda, ac pretium exinde redactum in Registrum hujus Curie, in usum jus habentium introducenda. Et quoad bona predicta excepta, Dominus assignavit ad audiendam votem[5] suam, die Jovis proximo inter horas secundam et quartam a meridie ejusdem diei.

              *   *   *   *   * 
    
    Serenissimus Dominus noster Rex contra quascunque pecuniarum sum mas, aurum, argentum, et jocalia, seu alia bona, res, merces, et mercimonia quecunque in nave vocata the St. Peter cujus Johannes Mallieu est Magister nuper per Classem Regiam super mari seizita ac contra omnes etc. Wyan Williamson.     Quo die similiter actum. fuit in omnibus et per omnia prout in actu proximo precedente mutatis mutandis.
    25
              *   *   *   *   * 
    

    Die mercurii octavo die Mensis Februarii Anno Domini 1625 stilo Anglie inter horas secundam et quartam a meridie ejusdem diei coram Domino Judice etc. in cenaculo Dominorum Advocatorum de Archubus London presente Thoma Wyan notario publico, etc.

              *   *   *   *   * 
    
    Querela Caroli Steltius pro bonis suis per eum in navibus per Classem Regiam seizitis vindicatis. Williamson, Doctor Ryves.     Quo die comparuit dictus Steltius quern dictus Wyan super propositis ex parte sua produxit, juramento
    de fideliter respondendo oneravit tain dictis propositis ex parte Wyan, quam de fideliter respondendo quibusdam interrogatoriis ei ex parte Domini nostri Regis objiciendis dicto Steltius dissentientis.
              *   *   *   *   * 
    
    
    
    
  6. Sir John Coke to Lord Conway.

    [S. P. Dom. Charles I. xi. 24 (extract).]

    Right honorable,
    1635 [sic], Dec. 6. This morning I receaved a letter from Sir Wm. Beecher in the name of the Lords to give mee knowledg that uppon manie complaincts out of the countries of the great want of powder, and the Lord Treasurer's signification of an impossibilitie to bee supplied presently from foren parts: they had considered of the setting free of making powder in al parts of the land and breaking the contract betwixt his Majeste and Mr. Evelyn. But before they would resolve, their Lordships required information from the Lord Carew and the Commissioners of the Navie, and willed mee also to attend them at Hampton Court tomorrow morning. In obedience to this order I have written to the Lord Carew to acquaint his Lordship with their pleasure and to desire him accordingly to send his advise. I have also required both the Commissioners of the Navie and the 26 officers of the Ordnance to meet this afternoone at the Tower to consider of this business, and of the overwaight of iron ordinance which was formerly referred unto them from the boord, and I doubt not but sume of them wil attend tomorrow at Hampton Court to give accompt of theis matters. For my excuse I must acquaint your Lordships and intreat you to certifie the Lords if they require it, that the examination of al the Bils of lading, letters of assignation, commissions, and writings, of al sort (which in bulk are more than a strong man can carie uppon his back) concerning the prise goods, is now my employment, and I have sent for men from divers parts and have kept some a week in my house to informe and assist mee in the discoverie of those things which may cleare his Majestes title and satisfie the world in our just and aqual proceedings; so as uppon this woork the answering of the clamors of the Ambassadors, the due and legal expedition in the Admiraltie cort, and which most importeth the speedie raising of monies by the sales of lawful prises do mainly depend. So as without verie great prejudice to his Majestes service I could not at this time intermit the attendance of this woorke. And I doubt not but the Lord Carew and the Commissioners wil fully satisfie their Lordships in al that they require.

              *  *  *  *  *  *  *
    

    Your lordships humble servant

    John Coke.

    Tottenham,
    6 December, 1626.


  7. Proceedings in the Court of Admiralty.

    [P. R. O. Admiralty Court Book of Acts, No. 159.]

    1625, Dec. 8. Q[uerela] nautarum navis the St Claude et aliarum navium per classem regiam scizit[arum], et ad Plymotham et ab inde ad Londinum adduct[arum].

    Quibus die et loco Dominus Judex ad humilem peticionem 27 dictorum nautarum decrevit prout sequitur vizt. That they, the sayd marriners for the tyme that they served in the sayd severall shipps before they were stayd by his Majestyes fleete, shall have and be allowed such wages as they themselves and the maister of each shippe will depose to be due unto them, by their agreement, at the tyme of their shippinge, and that since the sayd shippes were stayed by his Majestyes fleete, they shall have and be allowed for the tyme that they have served his Majestye the usuall wages given by his Majestye to men of their severall qualityes. And decreed soe manye of the goods seizd in each of the sayd shippes most fittinge for sale as will satisfye the sayd marriners their wages to be sould, and the marriners of each shippe to be payd their wages out of the price of the goods of that shippe wherin they [shall be] soe sould.


  8. Proceedings in the Court of Admiralty.

    [P. R. O. Admiralty Court Examinations, No. 266.]

    11 Decembris, 1625.

    Johannes Malleau pro bonis suis in nave the St. Peter     Willielmus Langlois de Newhaven in Regno Galliæ Mercator annos agens 26 aut eo circiter testis in hac parte productus, juratus, et examinatus dicit quod partem producentem per quindecem annos ultimos elapsos bene novit.
    Ad Primum, Secundum, et reliquos articulos allegationis ex parte dicti Malleau in hac causâ datæ et oblatæ et schedulam in eisdem mentionatam, dicit et deponit, That within the tyme articulate at St Lucar in Spaine this examinate did see two parcells of hides, the one containeinge about 500 hides and the other 200, certeine bales of salsaperilla, the number hee knoweth not, and all other the goods and marchantdices sett downe in the schedule articulate (which hee hath now tempore examinationis suæ) heard read over to him, laden by the articulate John Malleau in the articulate shipp the St Peter, for his the said Malleau's owne accounte (as hee said, and this 28 examinate verily beleeveth), and those goods were in the said shipp (as this examinate beleeveth) when shee was staied by His Majestyes Fleete, and sawe none of the said goods taken out of the said shipp the St Peter betweene the tyme of the ladeinge thereof at St Lucar as aforesaid and the stay of the said shipp the St Peter by His Majestyes Fleete, and therefore verily beleeveth that the said goods at the time of that stay were in her the said shipp the St Peter. And this hee saieth is true, ac aliter ad hujusmodi articulos nescit deponere, Saveinge that this examinate hath heard the Master and Companie of the said shipp the St Peter say, that all the goods and monies mentioned in the foresaid schedule excepte the hides and salsaperilla were taken from the said John Malleau at Plymouth by the Kinges Officers.

    Ad Interrogatoria nescit respondere, Saveinge that he this respondente was borne at Newhaven in Fraunce and is subject to the French Kinge, and is a Romishe Catholike.

    Guillaume Langlois.
    Johannes Aurelius.


  9. Proceedings in the Court of Admiralty.

    [P. R. 0. Admiralty Court Examinations, No. 266.]

    12 Decembris, 1625.

    Johannes Mallew pro bonis suis in nave the St Peter de Haber de Grace.     Richardus Awbin de Haber de Grace in Regno Gallic Mercator annos agens 25, aut eo circiter testis in hac parte productus juratus et examinatus, dicit quod partem producentem per quindecem annos ultimos elapsos bene novit ut dicit.

    Ad Primum, Secundum.,et reliquos articulos allegations ex parte dicti Mallew in hac parte datæ et oblatæ, et schedulam in eisdem mentionatam dicit et deponit, That within the tyme articulate at Civill in Spaine the articulate John Mallew did buy 400 and odd 29 hides of Havana and the certeine number hee knoweth not, and marcked them with the firste marcke in the margent of the articulate schedule, 200 hides of Mexico and marcked the same with the second marcke in the margent of that schedule, 8 bales of salsaparilla and marcked them with the third marcke in the margente of that schedule, all which hee boughte for his owne proper accounte. And hee the said Malleau did alsoe buy the tyme and place aforesaid all the reste of the goods mentioned in the foresaid schedule (which hee hath now tempore examinationis suæ heard read over to him) and the bezar stones, civett, muske, oyles, waters and sweete meates mentioned in the said schedule, hee the said Malleau boughte for the Marques de Villiers Governor of Newhaven, and the reste of the said goods hee boughte for his owne accounte, and hee the said Mallew boughte the said goods (as hee said) to lade them in the articulate shipp the St Peter; and as hee said did lade all the predeposed goods, wares and commodityes mentioned in the foresaid schedule in the articulate shipp the St Peter, at St Lucar to bee transported to Newhaven aforesaid, and the foresaid hides, salsaparilla and wolls mentioned in the Schedule, this examinate sawe laden at St Lucar in the said shipp by the said Malleau, and the hides and salsaparilla hee sawe were marcked as aforesaid at the tyrne of the ladinge of them, and hee further saieth, That whileste the foresaid shipp the St Peter was at St Lucar the tyme aforesaid this examinate was aboard her and sawe most of the foresaid goods mentioned in the said schedule in her. And those goods hee saieth were in the said shipp (as the said Malleau told this examinate) when shee was staied by His Majestyes Fleete, And this hee saieth hee knoweth to bee true who was presente and in company with the said Malleau when hee bought moste parte of the said goods, and sawe the reste of those goods in the hands of Malleau after hee had bought them, and sawe the most parte of them aboard the said shipp at St Lucar as aforesaid, and after the shipp came to Plymouth he saieth that Mr Gabriel Marsh and other gentlemen with him (as the said Malleau saieth) tooke from him the said 30 Malleau all the goods and monies mentioned in the said schedule excepting the hides and the salsaparilla, which remained in the said shippe, and the said Malleau in this examinates presence required a receite from the said Mr Marsh of what hee had taken from him.

    R. Aubin.
    Johannes Aurelius.


  10. Sir John Coke to Lord Conway.

    [S. P. Dom. Charles I. xi. 64.]

    1625, Dec. 14. Right honorable
    It pleaseth you to require my present coming to Cort to attend the Committee appointed to speake with the States Ambassador about the ships and to settle a constant order to bee observed in al prises for the future. For the Ambassador [the Duke hath] given mee leave to tel you, that if the answer alreadie given him in writing and the resolution of the Lords at the last meeting at Hampton Cort, bee not a sufficient satisfaction at least to stay his clamor til hee seeth what the justice of the Admiraltie Cort wil produce: ther can bee nothing donne by the Lords at this time to quiet him without more prejudice to his Majeste and also to the Lord Admiral in his particular jurisdiction, then wil bee convenient, at least in his absence to be resolved uppon: and to change the ancient formes and proceedings of the Admiraltie Cort and settle a new frame in matters of reprisal without his presence and due consideration therof taken, I am confident neither your Lordship nor the boord wil thingk reasonable or just. And for the increasing of seamens wages the proposition being his own and hee giving way (as you know) to have it debated at the boord: it wil bee no less requisite that his Grace bee ther also when it shal bee considered of: and if al theis important matters must of necessitie 31 bee put of til his Graces return my present coming to Cort can have no other frute but the delaying of those businesses here, which I dare say are of so great importance that the satisfaction to bee given to the Ambassadors and the course to bee setled for reprisals wil much depend uppon it. For even the Judg himself knoweth not yet what ships are to bee detained or releast, nor what goods are prise or not prise til the bils and letters bee al examined and the state therof set down which is the tedious and difficult woorke which I have stil in hand, namely to peruse al the letters written in Spanish, Italian, French, Dutch, and English, and some in Arabeck, and to gather out of them what may discover the proprietie of everie peece of goods. Besids to survey al the bils of lading and to compare al the merchants marks, and by conference with merchants and factors to find out the colorers of the enemies parcels. I had perused (as I thought) so manie as were recovered before my last journey, but this day a new bundle is sent mee from the Tower, and if I finish this business by the end of this weeke I must woorke al the day and some part of the night: and yet al the day long some occasion or other for the Navie interrupt my indevors, so as I assure your Honor I need no other diversion, if possibly I may bee spared. Yet, if you command mee, I wil not faile to attend you on Saterday morning uppon your summons by the next post. The note for Proclamations I send your Honor hereinclosed which I had in purpose to have delivered to Mr. Atturney, if Sir Robt. Pye had not yesterday informed mee that hee is sick. Your Honor may bee pleased to consider whether the hast of theis proclamations may effect his recoverie or whether it bee not fitt that the Lord Keeper give direction therin to the Sollicitor of Kings Sergeants. I have alreadie sent to Plimouth to stay the Lion.ther, and to hasten away the prise and to restrain Mons. Soubizes companies from anie attempt to the offence of the French Vice Admiral. The fleet[6] (as you see) cometh scateringly 32 home and I know the Lords have given direction for the relief of the sick men and quartering the soldiers. But you see what the Mayor writeth to their Lordships, whose letter to them I send back hereinclosed: and further Sir Jeames Bagge writeth plainly that the gentlemen of those parts wil in no wise bee drawn to aine contribution or to anie engagement in matter of monie, and if monies bee not in some measure supplied the miserie and clamor that wil speedily follow wil bee no less dangerous then greevous to bee born. For God's sake (my good Lord) lett us first see how possibly wee can raise monies to discharge this unfortunate armie and fleet that cometh home, before there bee anie debate or mention of increasing more charge. The end of my attendance here is to hasten the raising of monies by sales of prise goods here which, til this woorke bee finished, can not possibly bee wel donne, and til monies bee made here, ther wil bee no possibilitie (for ought I understand) either to pay the fleet that cometh home [or] to sett forth those ships which are prepared to attend Captain Penington to Plimouth. This day the Masters of some of the merchants came to mee to protest that if monies were not presently supplied for victuals they could noe longer hold their companies together. My Lord Treasurer wil shortly sleep unquietly in his bed, and I pray God wil see not greater mischiefe follow. Pardon my boldness and retain him in your favour who is Your Lordships

    humble servant

    John Coke.

    Tottenham 1625
    14 December.


  11. Sir John Coke to Lord Conway.

    [S. P. Dom. Charles I. xii. i.]

    1625, Dec. 17. Right honorable
    By your servant I writt this morning to the Lord Admiral to give him notice of an advertisement I had, that nine Hamburghers 33 went passed by Dover towards Spaine laden with cordage and munition; and since, I have heard by Sir John Wolstenholm that out of the Sound about 20 ships are gone by the North of Irland with like lading for the enimie. I have withal written to Plimouth to Sir Jeams Bagge who hath charge of the Lion, that hee inquire the best hee can whether this contrarie wind hath not forced the 9 Hamburgers into sum port on that coast, and that, with the Lion and Swiftsure and such other ships as may ther bee found readie, hee take the best course hee can to intercept them. And for these Easterlings which are gone about Irland, that hee find means to advertise our fleet in their return, or to send woord into Irland, if anie of our fleet by the late easterly winds have been carried thither, that they do their best indevor to make stay of those provisions: and more uppon the sudden I knew not what to do But because it may happen that the Hamburgers are put in at the Cowes in the Wight, I thought fit to desire your Lordship to write to your Captans ther to do their indevor also: at least to advertise your Honor whether they were passed that way. I had formerly given warning of this fleet to the ships in the Downs, but they fownd it not for their ease to waigh anchor in fowle weather: I gave notice also to my Lord Duke, when hee was in Holland, that the States men of warre or some of his Graces fleet might give impediment to their passage. And to prevent this mischeif at least for the future I moved his Majeste and the Lords for letters to bee written to the King of Denmarck to stay al such ships at Elsenor and in the Elve; and his Majestes pleasure was that your Honor should take order in it as I formerly writt unto you, which I humbly leave to your care. More I heare that the Ambassadors stil press your Honors for the discharge of the ships and goods now at London, and suffer you not to give way to an ordinarie and judicial proceeding, which, if they prevaile in, you must make accompt that his Majeste and the Lord Admiral shal herafter make no benefit of the justest prises that shal bee taken; for some Ambassader wil bee engaged and those that are the Kings ministers, if they bee not permitted to have time for 34 a legal and just course, wil easily be discouraged from sifting and examining the pretences which are made and which require time to be discovered. In this respect I hope you have put of their further hearing til the Lord Admirals return: and I labor what I can to have things readie against that time, though in truth my continual diversions by the importunitie of those that are sent to call upon mee in theis business wil hardly give mee leave to disgest what I have gathered. His Giace sent mee woord this day that hee would bee at Cort this weeke that is coming. If your Lordship knows the day, I beseech you give mee notice, that I may not faile then to attend you. And in the meane time permit not the clamors of the Ambassadors so to govern our councels as to hinder the fitt and necessarie cautions in the course of our justice. And lastly lett mee put you in mind of the letter promised by the Lords to release the stay of the sales of prise goods which is not yet sent unto mee. And if the Lord Treasurer can find no monies in the Exchequer, and your Lordship wil suffer none to be raised by the sales what you wil do when the Fleet cometh home I know not; but that the Fleet now preparing hath been hindered alreadie and that much charge is increased by want of meanes to discharg and putt of the men aboord theis ships I can give a true accompt: and if you shal limit the sales to such goods (as I heare you intend) which are out of question, I know not what goods can bee sold, since ther is neither ship nor particular goods therin to which no man doth pretend. Good my Lord, bee a meanes to ad honor and strength to our judicial proceedings, as they do in al contries: and suffer us not to bee subject to the clamors and censures of strangers; but if you find either Judg or Minister do that which is unjust cawse him to bee ponished, but give time to know the truth. Ther bee matters of more consequence to bee now considered of, namly how to find meanes to support the great warre to which wee are ingaged, for, if wee proceed to woorke without meanes, and do not at this verie time consider and prepare for that which is to bee donne against the spring; wee shal but expose al our actions to the scorn of the 35 world, and shal draw uppon us more danger then is yet taken to hart. I wil do my best [to] make my Lord Admiral sensible therof at his return; and this is the cawse why I do not now wait uppon you, as also for that I rest assured you have put of the Ambassadors further answer til his Graces return. So I humbly rest Your Lordships

    humble servant

    John Coke.

    Tottenham 1625
    17 December.

    Wee heard that his Majeste purposed to cum to London in the beginning of the weeke. If it bee so, bee pleased to give notice, and to send mee your commandiments in what you think fit.


  12. M. de Palloyseau to Sir John Hippesley.

    [Harl. MSS. 1583, fol. 171.]

    Monsieur
    1623/4, Dec 23./Jan. 2. Les marchands de ceste ville interessez aux navires et marchandises que l'on leur retient en Angleterre, apres avoir faict leurs plain tes tant a sa Majesté qu'a Mrs du conseil de ladite retenue et du desny de justice que l'on leur faict audite Angleterre en la delivrance de leurs diets vaisseaux, ont pour ce subject obtenu une sentence a la table de marbre et une Commission en Chancelerie, portant pouvoir de faire saisir et arrester par tous les lieux et endroicts de ce royaulme les vaisseaux et marchandises quilz trouveront appartenir aux Anglois, lesquelles ils eussent desja faict mettre à execution; n'eust esteé que j'ay jugeé a propos pour ne poinct alterer le commerce et negoce des marchands les uns avecques les autres, qu'il falloit premierement vous en donner advis, pour s'il vous plaist le faire entendre tant au Roy de la Grand Bretagne qu'a Messieurs de son conseil afin qu'en estant par vous advertis, s'ilz reffusent apres cela la main levee desdites vaisseaux et marchandises desdicts marchands, je n'aye plus rien a dire pour les 36 empescher de se server de leur pouvoir: car, a la verité, il n'est pas raisonnable que les subjects de Sa Majesté soient traictés de la façon. J'en attiendray done votre reponse, et cependant je vous suplieray me faire la faveur de me croire

    Votre bien humble et affne serviteur

    Palloyseau.

    Monsieur j'ai reçu la piecce de boeuf qu'il vous a pleu m'envoyer, de quoy je vous remercie bien humblement.

    De Calais ce 2e Janvier 1626.


  13. Act of the Privy Council.

    [S. P. Dom. Charles I. xii. 72.]

    At Hampton Courte the 28th of December 1625.
    Present
    The King's Majestie
    Lo: Keeper Earl of Marr
    Lo: Treasurer Earl of Melros
    Lo: Privie Seale Lord Conway
    Duke of Buckingham Mr Treasurer
    Earl Marshall Mr Comptroler
    Lo: Chamberlaine Mr Secretary Coke
    Earle of Montgomerie Mr Chancellor of the Exchequer
    Earl of Carlile Mr Chancellor of the Duchy
    Earl of Holland Sir Dudley Carleton
    Lo: Chancellor of Scotland       

    Upon relacion made to his Majestie by Mr Secretarie Coke of the proceeding that had beene used in takeing of the Prizes at Plymouth and how farr the same, or the goods therin laden, were discovered to appertaine to the subjects of the King of Spaine, It was this day Ordered by his Majestie with the advise of his Councell that the Shipp of Newhaven called the St. Peeter and such goods therin laden and all such other goods of the other 37 Prizes as shalbe found to appertaine to his Majestes owne Subjects or the Subjects of his good Brother the French King or of the States of the United Provinces or of any other Princes or States in frendshipp and alliance with his Majestie and are not fraudulently coulored under theire names and really doe belonge unto the Subjects of the King of Spaine, shalbe delivered to such as shall reclayme the same. And for all other goods in the said prizes his Majestes Advocate in the Admiralty Courte shall proceede judicially as to justice appertaineth without any further restrainte of sale or other proceeding warrantable by lawe or the course of the Admiralty notwithstanding the former letters of the Board which are hereby discharged.

    Extr Will: Becher.


  14. Proceedings in the Court of Admiralty.

    [P. E. O. Admiralty Court Examinations, No. 266.]

    28 Decembris, 1625.
    Alexander Le Grand pro bonis suis in nave the St. Peter de Haber de Grace.
    Mr Wood debitor
         Johannes Malleau de Haber de Grace in Regno Fraunciæ Nauta annos agens 28 aut eo circiter testis in hac parte productus juratus et examinatus dicit quod Alexandrum Le Grande partem producentem
    per septem annos ultimos elapsos bene novit.

    Ad Primum Secundum et reliquos articulos allegations ex parte dicti Le Grand in hac causa datæ et oblatæ, et schedulam in eisdem mentionatam, necnon allegationem apud acta Crastino Martini 1625 facta et exhibita in eadem specificata dicit et deponit That within the tyme articulate at St Lucar in Spaine the severall goodes sett downe in the foresaid Schedule under the severall marcks and numbers in the margent of that Schedule were laden aboard the articulate shipp the St Peter to bee carried to Haber de Grace and there delivered to the articulate Alexander Le Grand who is (as 38 this Exanimate beleeveth) a Hollander borne, but liveth in Roane in Fraunce where this exanimate hath known him livinge these seaven yeares laste paste, and is a naturalized subjecte to the Frenche Kinge, and soe hath bin for all the tyme that this exanimate hath knowne him, but to whom the said goodes doe belonge, or for whose accounte they were laden, this examinate knoweth not, but saieth that the exhibites mentioned in the foresaid allegation apud acta, are the true and originall billes of ladeinge of the said goodes and are subscribed with the proper hande and writinge of him this examinate, And this hee saieth hee knoweth to bee true beinge Master of the said shipp the foresaid voyage, Ac aliter ad hujus modi articulos nescit deponere.

    Ad Interrogatoria.

    Ad primum respondet, That hee was borne at Haberdegrace in Fraunce, and is a subjecte to the Frenche Kinge, and his habitation hath alwayes bin in Fraunce, when hee hath not bin at sea upon voyages.

    Ad secundum respondet, That hee is a Romishe Catholike, Ac aliter respondet negative.

    Ad tertium respondet, That hee hath bin Skipper of the interrogate shipp the St. Peter three yeares laste paste, and for all that tyme shee the said shipp hath belonged to Henery Cavillere, Fraunces Ramee, and this respondente, who are all Frenchmen dwelling at Roan and Haberdegrace, where they have alwayes lived.

    Ad quartum respondet, That the interrogate goodes were laden by Michael Celly and Henery Losie, and Michael Celly this respondente thinketh to bee a Frenchman and Henery Losye hee thinketh to bee a Hollander, and hee saieth that they both dwell at St Lucar, but whose subjects they are this respondente knoweth not.

    Ad quintum respondet, That hee was examined touchinge this 39 business at Plymouth, and did subscribe to that examination, and the contents thereof are true.

    Ad sextum nescit respondere aliter quam supra.

    Ad septimum respondet negative quoad noticiam suam.

    Ad octavum nescit respondere.

    Ad nonum respondet, That hee knoweth none of the partyes interrogate.

    Ad decimum nescit respondere

    Ad undecimum nescit respondere.

    Ad duodecimum respondet negative.

    Ad tertium decimum respondet, That the examination now showen and read unto him is his examination taken at Plymouth, and the contents thereof hee saieth are true and yt is subscribed with the proper handewriteinge of him this respondente.

    Ad quartumdecimum, quintumdecimum et sextumdecimum nescit respondere.

    Jehan Mailleau.
    Johannes Aurelius.[7]


  15. Proceedings in the Court of Admiralty.

    [P. E. O. Admiralty Court Examinations, No. 266.]

    1625, Dec. 30.
    Franciscus Bregault pro bonis suis in nave the St Peter.      Idem Johannes Malleiu testis in hac parte productus, juratus et examinatus, dicit quod Franciscum
    Bregault partem producentem per sexdecem annos ultimos elapsos bene novit ut dicit.

    Ad primum, secundum et reliquos articulos allegationis ex parte dicti Bregault in hac causa datæ et oblatæ et schedulam in eisdem mentionatam, necnon allegationem apud acta Crastino Martini 1625 facta, et exhibita in eadem specificata, dicit et deponit, That within the tyme articulate at St Lucar one case of guilte 40 graines of Aleumye, marked and numbered as in the margente of the articulate schedule, was laden in the name of the articulate Frances Bregault aboard the articulate shipp the St Peter to bee carried to Haberdegrace in Fraunce, and there delivered to Jonas Langlois, to followe the order of Thomas Fovell, as is expressed in the bill of ladeinge, and a little before the ladeinge of the said case of graines of Alcumye aboard the said shipp at St Lucar, this examinate, being at Sivill in the lodginge of the articulate Fraunces Brigaulte, did there see the said case of graines, and the said Brigaulte tolde this examinate that that case of graines was to bee laden aboard the said shipp, the St Peter, for the proper accounte of him, the said Fraunces Brigaulte, and that case of graines of Alcumye hee saieth was in the foresaid shipp when shee was staied by His Majestyes Fleete, and the exhibite mentioned in the foresaid allegation, apud acta, beeing shewed unto him, hee saieth is the true and originall bill of ladeinge of the foresaid case of graines of Alcumye, and is subscribed with the proper hande writeinge of him this Examinate, and this hee saieth upon his oath hee knoweth to bee true, beeinge Master of the foresaid shipp the said voyage, Ac aliter ad hujusmodi articulos nescit deponere, saveinge that the articulate Fraunces Brigault is a Frenchman, borne at Lyons in Fraunce, and there hath a wief, house and familye, but resideth now at Sivill in Spaine.

    Ad Interrogateria nescit respondere aliter quam prius, Saveinge that Jerman Belle, who laded the interrogate goodes is a Frenchman, borne at Paris in Fraunce, but is a Factor residente in St Lucar.

    Jehan Mailleiu.
    Johannes Aurelius.


    41
  16. Proceedings in the Court of Admiralty.

    [P. R. O. Admiralty Court Examinations, No. 266.]

    1625/6, Jan. 3.
    Jacques Cordier et Johannes Hormell pro bonis suis in nave the St Peter.      Johannes Malleau testis in hac parte productus juratus et examinatus, dicit quod Jaquem Cordier

    et Johannem Hormell per duos annos et ultra respective bene novit ut dicit.

    Ad primum, secundum et reliquos articulos allegationis ex parte dictorum Cordier et Hormell in hac causa datæ et oblatæ, et schedulam in eisdem mentionatam, necnon allegationem apud acta Crastino Martini 1625 facta et exhibita in eadem mentionata, dicit et deponit, That within the tyme articulate at St Lucar the severall goodes sett downe in the schedule articulate under the severall marckes in the margente of that schedule were laden aboard the articulate shipp the St Peter, the tobacco for the accounte of the articulate Jaques Cordier and Company, and the hides for the accounte of the articulate John Hormell, to whom the same goodes respectively doe belonge of this examinates knowledge, who was presente, and sawe the said goodes boughte for the accounte of the said partyes, and those goodes hee saieth were to bee carried in the said shippe to Haberdegrace, and there the tobacco to bee delivered to Jaques Cordier and the hides to John Hormell, and those goods hee saieth were in the said shipp when shee was staied by His Majestyes Fleete, and the exhibite mentioned in the foresaid allegation apud acta beeinge shewed unto him hee saieth is the true and originall bill of ladeinge of the predeposed tobaccoe and is subscribed with the proper hande writeinge of him this examinate. And this hee saieth hee knoweth to bee true, beeinge master of the said shipp the foresaid voyage, Ac aliter ad hujusmodi allegationes, schedulam, et exhibitum nescit deponere, saveinge that the articulate Jaques Cordier is a Frenchman borne at Newhaven and there 42 liveinge, and the articulate John Hormell a Frenchman borne at Dieppe and there liveinge, and both subjects to the French Kinge. Ad Interrogatoria nescit respondere aliter quam prius, saveinge that Isacke de Ambrey, who laded the predeposed tobaccoe is a Frenchman dwelling in Sivill, in Spaine, but a subjecte to the Frenche Kinge, the name of the lader of the foresaid hides hee well remembreth not, but (as hee thinketh) his name is Peter Blund, a Frenche merchant of Roane liveinge at Sivill, but a subjecte to the Frenche Kinge.

    Jehan Mailleu.
    Johannes Aurelius.


  17. Proceedings in the Court of Admiralty.

    [P. R. O. Admiralty Court Examinations, No. 266.]

    1625/6, Jan. 3.
    Richardus Aubin pro bonis suis in nave the St Peter.      Johannes Mallieu testis in hac parte productus juratus et examinatus
    dicit quod Richardum Aubin partem producentem per duodecem annos ultimos elapsos bene novit ut dicit.

    Ad primum, secundum et reliquos articulos allegations ex parte dicti Aubin in hac causâ datæ et oblatæ et schedulam in eisdem mentionatam, necnon allegationem apud acta Crastino Martini 1625 facta et exhibita in eadem mentionata dicit et deponit, That within the tyme articulate at St Lucar, the fiftye-sixe hides in haire sett downe in the articulate schedule under the severall marckes in the margente of that schedule were laden aboarde the articulate shippe the St Peter by the articulate Richard Aubin, who in this examinates presence boughte the same hides at Sivill, in Spaine, for his owne accounte out of the proceed of linnen cloth and other mercery wares which the said Aubin carried from Fraunce to Spaine in his this examinates shipp the foresaid voyage, and those 56 hides the 43 said Richarde Aubin consigned to bee delivered at Haberdegrace to himself or the articulate Charles Hannon, and those hides hee saieth were in the foresaid shipp when shee was staied by His Majestyes Fleete, and the exhibite mentioned in the foresaid allegation apud acta beinge shewen unto him, hee saieth is the true and originall bill of ladeinge of the foresaid hides, and is subscribed with the proper hande writeinge of him this examinate. And this hee saieth upon his oath hee knoweth to bee true, beeinge master of the said shipp the foresaid voiage, Ac aliter ad hujusmodi allegationes, schedulam, et exhibitum nescit deponere, saveing that the articulate Richard Aubin is a young man borne and dwellinge at Haberdegrace aforesaid, and married the daughter of the articulate Charles Hanno, who is a merchante, and a cittizen of Haber-degrace.

    Ad Interrogatoria nescit respondere aliter quam prius.

    Jehan Mailleu.


  18. Proceedings in the Court of Admiralty.

    [P. R. O. Admiralty Court, Book of Acts, No. 159.]

    1625/6, Jan. 20.
    Serenissimus Dominus noster Rex contra navem the St Marye ejusque apparatus et accessiones ac contra omnes etc. Dominus Doctor Ryves, Wyan.      Quo die Dominus Doctor Ryves Advocatus Regius introduxit mandatum cum certificatorio in dorso ejusdem (super cujus exequucione Solomo Smyth fecit fidem.)

    Et (facta preconizacione omnium et singulorum in hac parte citatorum) comparuit Williamson et exhibuit procuratorium suum pro Petro Raes et Suzanna Vandamman relicta Ludovici Vandamman def[endentibus] et fecit se partem pro eisdem. Tunc Dominus ad petitionem Wyan pronunciavit omnes et singulos (ut prefertur citatos) et non comparentes contumaces. Tunc dictus Dominus 44 Doctor Kyves in penam contumaciorum omnium et singulorum predictorum ex parte dicti Domini nostri Regis dedit allegationem in scripto conceptam quam Dominus ad ejus petitionem admisit, quatenus de jure sit admittendam. Tunc idem Dominus Doctor Ryves in supplementum probacionis contentorum in allegacione predicta, exhibuit responsum Magistri Richardi Williamson aliter factum allegationi ex parte dicti Domini nostri Regis contra bona in nave predicta dataæ, et examinacionem Petri Raes apud Plimutham vigore juramenti sui facti captam, et aliter per eum exhibitam et penes Registrum hujus Curie remanentem, et etiam certificatorium quoddam in lingua Hispanica scriptum, unacum translacione ejusdem in linguam Anglicanam per Thomam Wilford Notarium Publicum facta; et etiam certificatorium Vizentii Auciondo Officiarii Regis Hispanie scilicet Viedor et Contador of the Armado for the defence of the East[at]es of Flaunders for the Kinge of Spayne, in pede ejusdem Certificati etiam subscriptum, et allegavit dictum certificatorium sigillatum esse sigillo oppidi de Dunkerke, et signatum per Le Griffier ejusdem oppidi, et aliud certificatorium in pede ejusdem subscriptum esse manu propria dicti Vizentii Auciondo Officiarii predicti, ac translacionem predictam cum originali fideliter concordare prefatumque Thomam Wilford fuisse et esse Notarium Publicum probum et legalem proque tali comuniter reputatum. Contentaque in dictis respective exhibita fuisse et esse vera atque ita habita gesta et expedita prout in dictis certificatoriis continetur. Navemque vocatam the Marye in dictis certificatoriis mencionatam fuisse et esse navem the Marye in dicta allegacione per eum data mencionatam. Que allegacionem et exhibita posuit contrariurn et diversum eadem admitti petens, ac juslc. dicto Williamson dissentiente. Unde Dominus ad petitionem dicti Domini Doctoris Ryves in penam etc. et in presentia dicti Williamson admisit allegacionem et exhibita predicta quatenus de jure sunt admittenda. Tunc dictus Dominus Doctor Ryves allegavit intencionem suam ex premissis fuisse et esse sufficienter fundatam, quare petiit terminum assignari ad audiendam s[ententiam]. Unde Dominus assignavit ad audiendam s[ententiam] interloquutoriam 45 pro parte Domini nostri Kegis juxta morem et stilum Curie in proximo et interim ad informandum dicto Williamson dissentiente.

    Querela Caroli Steltius pro bonis suis in navibus the Saint Claude, Saint Marye, Esperanza Paradice, Saint Anne, Sea Venture, Saint Peter of Lubestake, et Saint George Williamson Dominus Doctor Ryves.      Quo die Dominus Doctor Ryves pro parte Domini nostri Regis dedit allegacionem in scripto conceptam quam Dominus ad ejus petitionem admisit quatenus de jure est admittendam In presentia Williamson

    dissentientis etc. Tunc dictus Doctor Ryves in supplementum probacionis contentorum in propositis ex parte sua exhibuit certificatorium quoddam in lingua Hispanica scriptum, et sigillo oppidi de Dunkerke sigillatam, et etiam certificatorium Vizentii Auciondo Le Veedor et Contador of the Armado for the defence of the Estats of West Flaunders for the Kinge of Spayne in pede ejusdem unacum translacione eorundern in linguam Anglicanam per Thomam Wilford Notarium Publicum et allegavit dictum exhibitum sigillatum esse sigillo in eisdem specificate et subscriptum manubus personarum in eisdem mencionatarum contentaque in dicto exhibito fuisse et esse vera, atque ita habita et gesta prout in eisdem continentur, dictamque translacionem cum originali fideliter concordare, prefatumque Thomam Wilford fuisse et esse Notarium Publicum probum et legalem, ac talem cujus scripto plena fides est adhibenda, et Carolum Steltius in dicto exhibito mentionatum fuisse et esse Carolum Steltius Dominum Williamson partern in hac causa querelantem. Quam allegacionem posuit contrarium et diversum eandemque admitti petiit ac jus etc. In presentia Williamson dissentis etc. Tunc admissa et repetitia dicta allegacione, dictus Dominus Doctor Ryves juravit quod fideliter eadem posuit, et petiit responsum per Magistrum Williamson eisdem dari quem Dominus monuit ad respondendum eisdem in proximo sub juramento per eum prestando, eo sic monito dissentiente. 46


  19. Proceedings in the Court of Admiralty.

    [P. R. O. Admiralty Conrt, Book of Acts, No. 159.]

    1625/6, Jan. 20 Termino Hillarii, 1625.
    Crastino die Juridico post Festum sive diem Sancti Wolstani Episcopi die Veneris Vicesimo vizt die mensis Januarii Anno Domini millesimo sexcentesimo vicesimo quinto (stilo Anglie) Coram Venerabili viro Domino Henrico Marten Milite, Legum Doctore, Supreme Curie Admiralitatis Anglie Judice. In Aula Collegii Dominorum Advocatorum de Archubus London. Presente me Thoma Wyan Notario Publico Curie predicte Registrarii Deputati.

         *  *  *  *  * 
    

    Et deinde premissis omnibus et singulis sic (ut premittitur) gestis et expeditis, dictus Venerabilis vir Judex antedictus de et cum consensu omnium et singulorum procuratorium exercentium hujus Curie tunc presentium continuavit omnes et singulas causas et causarum assignationes istis die hora et loco assignatis et non expeditis, necnon omnia et singula certificata istis die hora et loco introducenda et non introducta in statu quo nunc sunt in proximum diem juridicum.

    1625/6, Jan. 21.
    Querela Marie Helott Relicte Thome Fovell pro trecentis tergoribus de Mexicoe sexdecim sacculis gingiberis in nave vocata the Sy Peter de Havre de Grace existentibus in schedula per Williamson exhibita mencionatis. Williamson.      Die Sabbathi vicesimo primo die mensis Januarii Anno Domini stilo Anglie 1625. Coram Doctore Saum[ere]s Surrogate etc. In edibus Phillippi Burlamachi in placea vocata Gratious Streete scituatis presente Thoma Wyan Notario

    Publico hujus Curie Registrarii deputato, comparuit Williamson et juxta decretum aliter interpositum produxit in fidejussores Phillippum Burlamachi de Gratioustreete, London, Mercatorem, et Johannem Kippe, parochie Omnium Sanctorum, Barkinge, Mercatorem 47 extraneum, qui submittentes se jurisdiccioni hujus Curie, obligarunt se heredes executores et administratores suos in summa sexcentarum librarum pro dicta Maria Helott, Serenissimo Domino nostro Regi de solvendo summam centum et quinquaginta librarum legalis monete Anglie, pro dictis trecentis tergoribus, et summam ducentarum et quadraginta librarum similis monete pro dictis sacculis gingiberis eidem Domino nostro Regi casu quo dicta bona dicto Domino nostro Regi uti bona Regis Hispaniæ vel ejus subditorum confiscata fuerint. Et sic per hanc Curiam adjudicata fuerint. Et nisi etc.

    Querela Alexandri Le Grande pro una pixide le guilded beads, et quinque sacculis gingiberis in eadem nave existeñ. Williamson.      Die et loco predicto iidem fide jussores prenominati submittentes se (ut supra) jurisdiccioni

    hujus Curie obligarunt se heredes executores et administratores suos pro dicto Alexandro Le Grand in ducentis libris legalis monete Anglie, serenissimo Domino nostro Regi, de solvendo summam viginti librarum, pro dicta pixide Le guilded beads, et summam septuaginta quinque librarum similis monete, pro dictis quinque sacculis gingiberis casu quo dicta bona dicto Domino nostro Regi uti bona Regis Hispanie vel ejus subditorum confiscata, fuerint, et sic per hanc Curiam adjudicata fuerint. Et nisi etc.


  20. Remonstrance of the Dutch Ambassador.

    [S. P. Holland.]

    1625/6, Jan. 20/30. Remonstrance de l'Ambassadenr des Estats sur Parrest qu'on fait de quelques uns de leurs navires.

    20/30 Janvier, 1646

    Sire
    C'est encores pour le faict des navires et biens saisiz par les Officiers de Votre Majesté sur les subjects de Messeigneurs les Estatz Generaulx des Provinces Unies du Pays Bas que je suis contrainct d'interpeller Vostre Majesté. S'il eust pleu aux dits Officiers 48 de se tenir à la Declaration la quelle Vostre Majesté a faicte par l'advis de son tres sage Conseil le xxviii de Decembre et l'executer selon la bonne et sincere intention de Vostre Majesté, je me fusse tres volontiers passe de donner a Vostre Majesté ceste peine, mais d'aultant que les procédures qu'ils tiennent vont tout au contraire de ce que tous les interessez se debvoient promettre de la dicte gratieuse declaration de Vostre Majeste et qu'elles nous vont plonger au fond des maulx, lesquels je luy ai aultrefois representez, je prie tres humblement Vostre Majesté; Sire, qu'il luy plaise de me permettre que je luy puisse succintement proposer ce que s'est passé en cet affaire, afin que Vostre Majesté aiant prinse cognoissance de l'estat d'iceluy, elle daigne d'y applicquer sa main Roiale pour nous soustenir que n'enfondrions plus profondement et de regler cet affaire une fois pour toutes de telle sorte que son service et l'execution de ses tres haults desseings puissent estre advancez, et sincerement et fidelement conservee la bonne amitie et correspondence entre Vostre Magesté et Messeigneurs les Estatz des Provinces Unies voz tres affectionez et plus asseurez alliez et amiis. Il y a plus de quattre mois, Sire, que ce malheureux saisissement de navires et biens des quels il s'agist s'est faict, dont les nouvelles vindrent au Pays Bas quasi en mesme temps que les Ambassadeurs des Estatz faisoient leur rapport de l'alliance conclue a Tydischfieldt,[8] les quelies nouvelles causerent de tres grandes alterations aux esprits des inhabitans, mesmes des Magistrats des villes, d'aultant plus grandes qu'ils ne s'attendoient à rein de semblable, ains s'estoient promis un singulier repos en l'amitie de Vostre Majesté et seurete en leur traficq, reglé par les articles de l'alliance nouvellement faicte au contraire des quels ils entendoient leurs navires et biens estre arrestez. J'ai commence' a demander restitution des biens appartenants aux inhabitans du Pays Bas et reparation des torts et domages par eux soufferts, au mois d'Octobre à Sarisbury et continue encores en la poursuite. A Hamptincour ai je remonstré à Vostre Majesté et à Messeignrs de son Conseil a diverses fois le præjudice 49 qui se faisoit par la detention des biens saisis aux haultes conceptions et desseings de Vostre Majesté et à l'amitie la quelle doibt estre soigneusement procurée et gardée entre Vostre Majesté et tous les aultres Roix Princes Estats et Republicques interessez en la grandeur d'Espaigne, et represente que les formalites des procedures præcipitées qu'on tenoit alors sur les diets biens en la Cour de l'Adimiraulté à Maidenhead estoit pour engendrer encores aultant de mescontentement que la realité du saisissement avoit faicte, avecq deduction en gros des mauvais traictements qu'ont receu les subjects des diets Seigneurs Estats et des desordres commis au diet saisissement; m'estant aussi advance de servir d'advis à Vostre Majesté qu'il eust été tres bon d'evoquer cet affaire au Conseil de Vostre Majesté comme un affaire d'Estat, et auquel de faict sont interessés quasi touts les Princes Estats et Republicques aboutissans a la mer depuis le golfe de Venise jusques au milieu de la mer Balthicque et par consequence tous les autres. Vostre Majesté et Messeignrs de son Conseil m'ont tousjours oui benignement (dont je les remercie) et m'a a esté souventesfois respondu gratieusement en general que Pintention de Vostre Majesté n'estoit que les subjects de Messeignrs les Estatz fussent aulcunement endommagez: mesmes il y a eu des Commissaires lesquels ont conferé aulcunes fois avecq moi sans que toutesfois grands effects s'en soient ensuivis, sinon que Messeignrs du Conseil ont ordonné le xiiij de Decembre que les Commissionaires des biens saisis n'eussent à vendre aulcuns biens reclamez par les subjects des Seigneurs Estats, ce que les diets Commissionaires s'estoient alors proposez de faire sojabz de pretextes assuz impertinents. Depuis il a pleu à vostre Majesté de faire la declaration de la quelie j'ai faict mention cy devant, portante que touts les biens des prinses qui feront trouvez appartenir aux subjects des Estats des Provinces Unies, pourveu que les diets biens ne soient fraudeleusement colorez de leurs noms, en cas qu'ils n'appartinssent aux subjects du Roy d'Espaigne, seront delivrez à ceulx tels qu'ils appartiendront. La dicte declaration a donnée une grande consolation aux poursuivants qui sont icy en grand nombre et a tres 50 grands frais et despens, et entre eulx des Maistres des navires et gens de marine qui abaient à la faim, eulx et leurs pouvres femmes et enfans. J'ai envoie la dicte declaration de Vostre Majesté au Pays Bas tout aussy tost que je Fai receue, et adjousté en mes lettres a mes Superieurs les tres sages considerations les quelles ont esmenes Vostre Majesté a la faire pour les asseurer de tant plus de la bonté et justice de Vostre Majesteé. Mais les diets poursuivants n'ont joui gueres de ce contentement, car quasi au mesme poinct qu'ils attendoient que la dicte Roiale declaration de Vostre Majesté se debvoit mettre en exsecution et que le juge de la haute Court de rAdmiraulté s'y preparoit aiant ordonne que les parties eussent a fournir leurs pieces en Cour, le xvi de ce mois, ils ont veu le xii plusieurs de leurs biens affichez en l'Eschange pour estre venduz le xvii sans præallable decret du juge, lequel eust peu des pieces[9] avoir decidé grand nombre des proces meus devant luy a cause du diet saisissement s'il eust pleu aux Officiers de Vostre Majesté d'exhiber selon le stile de la Cour, les papiers qu'on a osté aux maistres des navires, trois ou quattre jours apres que les diets navires ont esté saisis ou menez a Londres, et ne les point retenir chez eulx quelques mois, au grand praejudice des proprietaires. Sur les plainctes lesquelles me ont este faictes le xii susdict, me suis je mis a pourchasser la surceance de la dicte vente, et apres m'estre addresse le xiii et xiiii au juge de la Cour de l'Admiraulté et a aulcuns des Seigneurs du Conseil de Vostre Majesté et le xv à l'Assemblee de leurs Excellences m'a le diet juge porte parole le xvj de la part de Monseigneur le Ducq de Buckingham Grand Admiral d'Angleterre, que nuls biens reclamez par les subjects des Seigneurs Estats pour les quels probations sont produictes ne seroient vendus. La liste de ces biens dressée par l'Advocat de Vostre Majesté a esté mise es mains des Commissionaires et du consentement et adveu d'iceluy insinuation faicte par le Juge de l'Admiraulté de la dicte resolution pour superseder avecq la vente, et ce neantmoins ont le diets Commissionaires procedé le xviii de ce mois au contraire et vendu notable quantité des biens qualifiez comme dessus, dont le 51 bruict s'espandra bien tost au long et au large. Dieu doint que ce soit sans interest de vostre reputation, Sire, la quelle doibt estre a voz amys plus chere que la leur propre. Il ne poeult estre qu'il n'engendre dela la mer un estonnement estrange et singulierement au Pays Bas, parmy un peuple le quel a ses yeulx fichez sur vostre Majesté attendant d'icelle du support en la grande necessité au quel il se trouve, a cause de la longue guerre, qu'il a soustenu centre un des plus puissants Roix de l'Europe: estant le diet peuple composé pour une grande partie de Marchands et gens de marine addonnez et necessitez de traficquer par mer, pour gaigner leur vie et principalement interessez en ce saisissement desquels Messeignrs les Estats nullement se peuvent passer, aiants a toutes heures besoin de s'aider du crédit des uns et ge servir des corps des aultres, mesmes pour furnir à Vostre Majesté ce qu'ils luy doibvent par le traicté de l'Alliance pour augmenter ses armades et flottes.

    Je supplie tres humblement Vostre Majesté qu'elle daigne de laisser passer par son tres clairvoiant jugement la consideration du danger tres evident, auquel nous serions, et des grands maux lesquels sensinvroient, si ce peuple se sentant travaillé et foulé par ceulx des quels il n'attendoit rien moins et se voiant matter et espuiser par iceulx ses moiens et soustien centre toute raison soubs ombre de droict et justice, se moustre a l'advenir restif et revesche à s'emploier ou ses biens au service de Vostre Majesté ou celuy de Messeignrs les Estats en compagnie de ceulx des quels eulx ou leur compatriots ont esté, ou craindront d'estre quelque jour endommagez et mal menez. Et qu'il plaise a Vostre Majesté pour prevenir à ces maulx faire estouffer et coupper les aisles à ce bruict des dernieres procedures, ordonnant promtement aux Commissionaires des biens saisiz qu'ils aient a superseder avecq la vendition des biens reclamez par les subjects des Seigneurs Estats des Provinces Unies ce qu'ils n'aient à delivrer aux achepteurs les biens qu'ils ont venduz le xvii de ce mois et depuis, mais de les garder et conserver jusques a ce que la declaration de Vostre Majesté du xxviii de Decembre soit mise a execution, comme je requier encores tres humblement que la restitution 52 des biens appartenants aux subjects de Messeignrs les Estats cum omni causa se puisse faire sans forme de proces et reparation leur estre faicte des torts dommages et interests qu'ils ont soufferts par le diet saisissement, selon les instances à diverses fois faictes par mes remonstrances præcedentes. Et pour ne rechevoir ci apres en pareils inconveniens qu'il plaise à Vostre Majesté de commander à tous ses officiers de marine et de ses havres et ports qu'ils n'aient à donner mil empeschement à la liberté du commerce mais en laissent jouir les subjects de Messeignrs les Estats plenierement et que rencontrans en mer ou trouvants aux ports ou rades aulcuns navires des Pays Bas Unis pourveus de commissions ou lettres de passeport des Seigneurs Estats, du Prince d'Orenge, ou des villes dont ils sont ils les traictent en amys, les laissant librement passer et poursuivre leur route sans les molester en facon quelconque quand les diets subjects de leurs Seigneuries ne contraviennent aux articles du traicté de l'alliance, et ce sur des grosses amendes et peines aux contravenants.

    Et d'aultant que les diets officiers de marine rencontrans en mer quelques navires tirans la route de la mer Mediterranée pour aller en Levante ou en Italie ou menans leur traficque en Barbarie, tant de ça que par de là le destroist de Jubaltar, les pourroient arrester et empescher en leur voiage soubs pretexte qu'ils les auroient trouvez, comme tirans vers l'Espaigne, ou s'excuser qu'ils ont estimé que les dictes places fussent au nombre et rang des interdictes, sera necessaire (soubs tres humble correction de Vostre Majesté) de leur faire cette declaration que le traficq en Levante, Italie et Barbarie est libre tant aux inhabitans des Pays Bas qu'aux subjects de Vostre Majesté et que les dictes places sont au rang des neutres.

    Ce servira aussi pour donner du contentement aux esprits alterez pour les procedures precedentes, et encouragera les marchands et gens de marine subjects des Estats pour continuer leur traficq de mer et se rendre par la plus capables pour servir à Vostre Majesté et a la cause commune, le diet traficq important tant au bien de l'Estat des Provinces Unies que les Espaignols et le Marquis Spinola 53 jugent que le plus soeur moien pour ruiner le dict Estat est, d'oster aux Subjects de Messeigneurs les Estats ou leur empescher et troubler la negotiation et hantise de marchandise.

    Faict à Londres le 30 de Janvier 1626. st. No.
    De Vostre Majesté
    Très humble serviteur

    Alb. Joachimi.


  21. Statement of the Dutch Agent at Calais.

    [S. P. Holland.]

    1625/6, Jan. 21. A Remonstrance of Mons: Antho: Mibais Agent for the States of the United Provinces att Callais.[10]

    That the shipps which come from Dantzick, Lubeck, Hamborrow, Holland, Zeland, and other places bringing or being laden with municions and provitions for warre, as brasse to make Cannons, lead, hempe to make cables, and other cordage, match, mastes, tarr and pitch, all which provisions arriving att Callais they are carried away by a river to the ennemies att Dunkerke to arme and furnishe their shipps of warre. To hinder that the Ennemy be not served with such provisions it is necessary to commaund some shipps of warre to lye in Callais Roade and thereabouts to serch all such shipps for those kinde of provisions and to seize and take them.[11]

    That there is carryed to Callais above 30,000 hides and great quantity of salt and other necessaries and commodities every yeare without which the Archdutchesse could not maynteyne warre or her subjects subsist.

    54 That if it please the King to constitute a man att Dover, Mons. Mibais will hold good correspondency with him and will give him advise of all preparacons of warre that are made by the Enemy in Dunquerque as well when they goe to the west as when they goe to the northward and any other enterprise that they shall make, for they prepare this yeare to be very strong att sea and to have 40 sayle of men of warre.

    Marquis Spinola (who is made Admirall and Generall of the Sea of Flaunders) is expected every day att Dunkerke and his house is alreddy provided att Gravelin whether he comes to buyld shipps of warre & gallies.

    When any Englishe shipp shalbe wrecked this Agent will save the Cannons and tackling of such shipps and send them to Dover, soe as his Majestie obteyne from the French King a command that the Commissioner (or Lieutenant) of the Lord Admirall of France meddle not with such thinges nor hinder such as shalbe therein Cannons may be alsoe delivered with the English armes. employed by the King of England which the States of the Low Countries have obteyned for their agent and they have of late caused all their anchors to be marked with the armes of the Admiralty of the Low Countries.

    It is necessary that all gentlemen and merchants that passe from Callais to Dover, that they embarque not untill they have advised with the Kings agent to know whether there be any frigatts or corevets (which are small vessells of about 15 ton like to fisher botes) to thend that they may passe without danger, for theire are many marriners att Callais which are enterteyned in service att Dunkerke who have correspondency from Callais.

    Memoriall, that the Englishe Jesuitts in Liege contynue their course and treasons against the King and kingdome; and to hinder the same, it is necessary to send a man to Liege that speakes good French and knowes the Englishe nobility and gentry, to the end he may make a good and faithfull report to the King, and this agent will give him herein advise.

    Iff it please the King to commande this Monsieur Mibais to 55 serve his Majestie in Callais against the King of Spayne and his allies, he will promise to doe him as good service as he doth to the States of the United Provinces.

    21o January, 1625.


  22. Proceedings in the Court of Admiralty.

    [S. P. Dom. Charles I. xix. 52.]

    1625/6, Jan. 26. Order of Sir Henry Marten, Judge of the High Court of Admiralty, in the suit respecting the St. Peter of Havre de Grace.

    26 January 1625/6.

    Crastino Pauli Apostuli Die Jovis 26o Die mensis Januarii Anno Domini 1625 Coram Domino Henrico Marten milite legumque doctore ac Supreme Curie Admirallitati Anglie Judice In Cenaculo Dominorum Advocatorum Alme Curie Cant' De Archubus London. Presente Thoma Wyan notario publico.

    Querela Johannis Mallew ejusque sociorum pro nave the St. Peter de HaberdeGrace et Johannis Fermanell ejusque sociorum, pro bonis in eadem nave, per classem regiam seizit'. Williamson Doctor Ryves.      Quo die Williamson exhibuit procuratorium suum pro dicto Johanne Mallew ejusque sociis et dicto Petro Fermanell ejusque sociis et fecit se partem pro eisdem, et allegavit dictos dominus suos esse subditos

    Christianissimi Francorum Regis ac navem the St. Peter ac bona in eadem per Classem regiam seizit' tempore dictæ seizuræ ad dictos dominos suos proprie et legitime spectasse et in presenti spectare: quare petiit eadem a quacunque detencione auctoritate hujus curie relaxanda fore decerni, et dicto Johanni Mallew magistro dictae navis in usum dictorum eorundem proprietariorum tradenda. In presentia Domini Doctoris Ryves Advocati Regii allegantis, that there are fower barrells of Cocheneale in the said shippe marcked with the marcke in the margent,[12] which doe belonge to the subjects of the 56 Kinge of Spaine; Wherefore hee desired that those fower barrells of cocheneale might bee taken oute of the said shippe, and that beinge done hee consented that the said shippe and all her other the goods seized in her by his Majesties fleete should bee discharged from any further detencon; for that (as hee said) hee had nothinge to objecte againest the said shippe or any the goods seized in her, but onely againest three hundred Mexicoe hides and sixtene sacks of ginger claimed by Mary Helott, the relicte of Thomas Fovell, and one boxe of guilded beads and five sacks of ginger claimed by Alexander Le Grand, to answere the value of which goods, yf they shallbee adjudged to his Majestie, caution is formerly given in this Courte In presentia dicti Williamson allegand: That there was noe cocheneale in the said shippe when she was seized in his Majestes Fleete under the foresaid marcke, neither is there any cocheneale now in the said shippe under that marcke, and produced the said John Mallew, the master, whoe beinge sworne did affirme uppon his oath that there neither was in the said shippe this voyage, nor now is any cocheneale under the marcke aforesaid. Unde Dominus ad peticionem dicti Williamson et cum consensu dicti domini Doctoris Ryves eandem navem the St. Peter et quecunque bona in eadem per Classem regiam seizita ab ulteriori detencione relaxanda et dicto Johanni Mallew Magistro dictæ navis in usum eorundem proprietariorum tradenda fore decrevit; et commissionem ad eum effectum fieri.


  23. Petition of the Merchants of London trading to Rouen to the Duke of Buckingham.

    [S. P. Dom. Charles I. xx. 51.]

    1625/6, Feb. 8. To the right honourable the Duke of Buckingham, his Grace Lord High Admirall of England.
    The humble peticion of the Merchaunts of London tradinge to Roane, in Fraunce, Humbly shewing that it pleased his Majestie with advice of his Highnes most honorable privie Councell at 57 Hampton Court the 18th of December last to order that the shipp of Newhaven, called the St. Peeter, and all the goods therin laden, and all such other goods as should be found to appertaine unto the subjects of his Majestie of Fraunce, should be redelivered to such as should reclaime them. Since which time upon proof made in the Court of Admiralty that the goods laden in the said shipp of Newhaven doe properly belong unto the French, it hath bein sentenced by the Judge of that Court that the said shipp and goods should be discharged, which was accordingly by allowance of the Commissioners performed, but the said shipp and goods are againe stayed by your Honors order (as the peticoners are informed).

    Now forasmuch as the French doe not only detaine your peticioners shipps and goods formerly arrested by the Governor of Newhaven by way of reprisall, but beeing impatient of delay have lately made a new arrest of two other shipps, and doe menace that they will proceed to arrest your peticoners factors goods and debts in all parts of that kingdome, in which course if they shall goe on not only the peticoners and many other Marchants of the West parts wilbe therby utterly ruinated in their estates, but also many thouzand of his Highnes poore subjects whose livelyhoods depend on the peticoners trade.

    Your Peticoners therfore doe humbly pray Your Grace wilbe pleased, the premises considered, to give presente order for the discharge of the said shipp and goods. And they as bound, &c.


  24. Extraict des Registres de la Court de Parlament [de Rouen].

    [S. P. France.]

    1625/6, Feb 10/20. Sur al requeste presenté par Charles Boullaye, Guillaume Lebreton, Charles de la Bris, Marie Hellot, veufve de Thomas Fauvel, Pierre Hellot, Philippe Le Coq, Charles de la Vigne, Pierre Billouet, taut pour eulx que pour Jehan Roze, Christofle de Nouillier, Jean Paniot le jeune, David de Beaulieu, Henry Cavelier, Jehan Papanoine, 58 Alonce de Challon, et autres marchands soubz signez en ladicte requeste, narrative, que depuis huict mois ou environs, il a esté charge en Espaigne sur divers navires Francois et Anglois grand nombre d'or et argent, cuyrs, cochenille, layne, gingenvre et autres effects de grande et notable valeur, raontant a plus d'un milion de livres pour apporter au Havre de Grace et Calais, et iceux delivrer ausdicts marchands ou leurs commis; et bien que toutes les dictes marchandises appartiennent ausdicts marchands ou leurs amis tous originaires Fraçois, et que le tout a esté chargé soubz la seureté des traites de paix, ce neantmoins les navires du Roy d'Angleterre ont pris et mené tous lesdicts navires et iceux conduicts aux Ports et Havres du diet Pays et faict descharger, et encor que les supplians aient envoié leurs cognoissements, et attestacions paraffées devant les juges de l'Admiraulté, Conseilliers et Echevins de ceste ville pour faire veoir comme les marchandises et effects par eulx reclamés leur apartenoient et a leurs amis originaires François. Neantmoings ils nont peu obtenir delivrance, ny justice jusques a present sur leur requeste et suplication, et au contraire ils sont advertis que les juges et officiers du Roy d'Angleterre ont precedé a la vente des marchandises et effects deschargez et adjugez a certains partisans pour la moitié de leur juste valeur sans au preablement avoir donné jugement sur la delivrance ou confiscation pretendue, et quelque instance que les proposez ou personnes envoiés audict pais d'Angleterre aient peu faire depuis six a sept mois, ils n'ont peu obtenir jugement ny acte du juge de reffus de justice, et doubtant que la saisie de leurs marchandise est contre la liberté de commerce et quelle emporte l'entier et total ruine desdicts marchands et de leurs families, il plaise a la Cour leur accorder et promettre faire saisir et arrester tous navires marchandises scedulés et autres choses generalement quelzconques qui se trouveront apartenir aux subjects du Roy d'Angleterre tant en ce dicte ville de Rouen que par tout ailleurs en ce Royaume pour le tout estre mis et deposé en bonne et seure garde, et tenir lieu de seureté et garantie jusques a ce qu'il leur ayt esté prouver sur la restitution de 59 leurs biens et marchandises ou de la valeur d'icelles avec interest et despens.

    Veu par la Cour ladicte requeste, et oy le Conseiller Commissaire, ladicte Cour ayant esgard a ladicte requeste, oy la Procureur General du Roy Jewlam[?] et de son consentement a permis et permet auxdicts marchands faire saisir et arrester a leurs perils, fortune et danger les navires, et marchandises, effects, scedulles et autres choses generallement quelzconques qui a trouveront estre prouvés appartenir auxdicts Anglais et autres subjects du Roy d'Angleterre et iceux faire mettre par bon et fidelle inventaire que sera faict et jure de Maistre de Marine du Procureur du Roy aux siege ordinaire ou de l'Admiraulté des lieux ou se feront ladictes saisies et arrests, en magazins et lieux de seureté, et baillez en garde a personne solvable pour en respondre quand, a qui, et ainsy qu'il appartiendra. Faict a Rouen en la dicte Cour de Parlement du vingtiesme jour de Febvrier, millesi ans vingt et six.

    De Boredenequi [?].


  25. Minutes by Edward Nicholas to be submitted to the Duke of Buckingham [? Feb. 1626].

    [S. P. Dom. xxi. 99, Extract.]

    1626, Feb. That there may be a discharge under the great Seale for all the A discharge. monnyes which were receaved or taken out of the prizes att Plimouth by your Grace's commaund, and imployed for his Majestes When Mr. Crow comes. service. There was in all about 9 or £10,000. This must be to save harmelesse your Grace and all others imployed therein by you.


  26. Petition of John Geffrard and René Chevallier.

    [S. P. Dom. Charles I. xxii. 32.]

    1625/6, March 4. To the Moste Gracious Prince, George Duke of Buckingham. Lord High Admirall of England. 60

    1626, March 4. The humble peticion of John Geffrard and René Chevallier, French, of Vitre and St Mallo in Brittany.

    Showeing unto your Grace that sup[plian]ts coming passingers in the shipps the St Claude and the Hope of Callis, withdraweing themselves from the comerce with Spaine because of the arrest there made upon Frenchmens goods for certayne reprisalls. When the said ships were brought into Plymouth by Sir Francis Steward, knight, your grace being then there, they sup[plian]ts presented unto your Grace their humble petition showing their right in the marchandises, moneyes, and other things in the said ships and other of the comp[ani]e. Whereuppon your Grace aunswered them that it was requisite they should goe to London to declare unto the Judge of the Admiralty the things they pretended, which your sup[plian]ts did almoste 5 monthes since, being at great costs and charges as well in the sute in lawe as otherwise, to wete the said Geffrard at 100li star[ling], and the said Chevallier at 120li star[ling], and thereby are hindered in their comerce and trade, being farr from their affaires and family; and were constrained to borrowe the said monyes because that about 8 or 10 dayes after your Grace's departure from Plimouth aforesaid, Mr. Gabriell Marsh, accompanied with the Mayor and officers at Plimouth, came unto the lodging of the sup[plian]ts aboute 10 and 11 aclock at night, and tooke from them that litle silver and gould, Jewells, chaine of gould, beazor stone, and other things mentioned in the acknowledgment, the copy whereof is hereunto annexed. And the said Mr. Marsh visiting the said ship, the St Claude, amongst other things broke the padlock of the male of the said Chevalier, and seased and carried away the things mentioned in the note also hereunto annexed; yea, the apparell and other things belonging to the said Geffrard in his trunck in the said ship the Hope, of which if neede bee the sup[plian]ts will make proofe.

    The premises considered, may it please your Grace to ordaine Sir Henry Martin, Judge of the Admiralty, that justice may speedily bee done to your sup[plian]ts, and likewise to comand the said 61 Mr. Marsh to restore to the sup [plian]ts, the things mentioned in the said acknowledgment and note, and that speedy payment may bee made unto them, of the said 220li, to th'end they sup[plian]ts may make satisfaction unto their creditors to avoide the dommages they suffer for the said some.

    And the Petitioners, as by duty bound, shall ever pray, &ca

    Inclosure 1.

    Notarial attestation of a receipt given by Gabriel Marsh.

    Plymouth.

    Whereas Mr. Mayor of Plymouth at a search made by vertue of a c[o]myssion in that behalf to hym directed for such goods as belonged to the shipes lately brought into that porte by his Majesty's fleete, was present at the fynding of theise particulers following, videlicet, one golde chayne weighing twentie and two ounces, half and half quarter, sixteene ounces to the pounde, one hatt bande of emrodes fortie and two in it, besydes three Jewells of emrodes for the claspes; in double pistoletts three hundred thirty-one, in pieces of eight, thirty and two pounds; a little box of beazer stone, weighing nyne ounces and a quarter, moste of it broken in pieces, box and all. All theise severall parcells of goods I doe acknowledge to have receaved in the presence of him, the said Mr. Mayor, by the appoyntment of the Lord heighe Admirall of England uppon the account of the said goods belonging to the shippes above mentioned. In wittnes hereof I have hereunto sett my hand even the eleventh daye of October, 1625. Subscribed

    Gabriell Marshe.

    Bee it remembred that on the nyneteenth daye of October, 1625, I, Walter Glubb, an inhabitant of the towne of Plymouth and Attorney in the Courte there, being sent for to come before Mr. Nicholas Blake, Maior of Plymouth aforesaid, who then delivered to mee a wryting under the hand of Gabriel Marshe, whereof the 62 above-written is a trewe copie examyned, to be by mee delivered over unto John Giffrard, René Chevallier, and John Mallewe. Wittnes my hand and seale, the daye and yere aforesaid. Subscribed per me, Walterum Glubb, and is sealed with a seale in reade wax, under-printed upon.

    The parties whose names are underwritten
    were at the delivery of the monney and
    goods within written.
        Unto Mr. Maior.
    Sir John Cooke, Knight,
    John Richardson,
    Francis Cock,
    Richard Palmer,
    Nicholas Hewe,
    Richard Madicett,
    Constables.
    Richard Blake,
    Walter Deeble,
    Sonne and servant to Mr. Mayor.

    This indorsement above written is likewie a trewe copie of the indorsement upon the originall wryting so as aforesaid subscribed by the said Gabriell Marshe, witnes. Subscribed

    Walter Glubb.

    Haec copia originalis verbatim inventum est concordare per me notarium infrascriptura Londini commorantem quod attestor rogatus.

    Josua Mainet, Nots. Pubcus. 1625.

    Inclosure 2.

    Memorandum of that which was taken at Plymouth from René Chevalier, passinger aboard the St Claude of Callis, by Mr. Marsh, 2 ruby stones cutt, 2 emerauld stones cut, one saphire stone faire and great, 8 gould buttons, 90 rawe stones of Cartagena, his bills of lading, writings, and boocks of accounte. 63

    1626. March 4. Since the arrivall of the ship at London, hee. the said Chevallier, was not suffered to have his clothes and apparell, but are still kept from him, to wete, one hatt, jurkin, doublet, and breeches, one paire of garters, and silke stockings, with a cloake and many other cloathes and things fitting for the sea.

    Also Mr. Marshe tooke from John Geffrard one truncke covered with read leather, two warlike furnitures and their bandeliers with a [blank in MS.] garnished with silver, one girdle embroydered with gould, 2 gould rings.

    Indorsed by Nicholas:— R. 4o Martii, 1625. French passengers in the St Claude agt Marshe.


  27. A Letter to Mr. de Quester from Calais.

    [S. P. France.]

    Sir,
    1625/6, Mar. 14/24. My duty remembered with hope of your good health, &c. Sir, being at Dover, some occation fallinge at Callis I had to doe, I went over, and heare I found the bearer heareof, my confrere Carell Decampe, who hath beene manifested this 14 or 15 dayes to my knowledge, and hee hath beene divers and sundreye tyrnes before the Governer of this towne, who gave him no regard at all butt gave him verey froward and untoward speeches, and with all tould him that hee would keepe him tell such tyme as there weare a great manye more of his fellowes with him; for the Ambassadors man came over and made a great complaint of theyr il usidge in England, wheare uppon hee vowed to bee even with our Inglish. Also there is an arest made per these Dunkerk marctants, which are heare towne dwellers which doe alredye repent theyr bargin, for all the towne doth stand with our merchants against them, and doe apose against them, and withall have drawne a generall protest against them, and also the custom howse hath protested against them in the huyest degree, 64 afferminge howe they have nott onlye in a manner hindred the towne, butt that theye have spoilled and hindred the Kinge of a greate deale of monye which they should have received for the customs of mannye ships laden with goodes, so that they have[13] protested for great damage and interest; so that they have in a manner offered to withdraw theyr arest conditioned that the custom howse will withdraw theyr protest, butt that theye will nott yett doe by reasson of theyr great losse which they have sustained. Yesternight in sight of all the towne came over the Have-at-all of Dover, and carryed a waye 3 of theyr shipes out of the road, where there was one amongst them which had 9 peeces of ordinance, which hath mad a great stirr amongst them; also the frigetts. of Gravelin are everye morninge before the Harbar. Newes is come from Mr. Randall that the Dunkerkers have taken 3 Inglysh barkes; one of them came out of Italy laden with allom, and hath 6 pieces of ordynance; also one is an empty ship bound for Newcastell, butt the men saved themselfes ashore in theyr boat; the other is one, as I doe understand, laden with hearinges or such lyke kind of fish: and newe wee heard this day that all is cleare in France which was arested, which hath caused some bodyes dischardg. Newes otherwise is none butt that stale newes which came per the Spanysh ordenarye of an extraordY flud, manye people perysht as cattell, and theyr shippinge droven upp uppon drye ground, in such manner as ar never to bee recovered, except they doe pull them in peeces. Hear is also a fresh mann of warr come in the road this present about 3 aclock in the afternoone attendinge purchase,[14] butt if they had come butt 3 dayes sooner they had mett with five or six shippes principally laden with Spaniardes goods; our Dover boat, as I doe hear, hath purchassed one, which is one of the 3, butt if hee had had butt 30 or 40 men more hee had caryd away abov 8 or 9 sayle. Theye came tumblinge in this daye 5 or 6 one uppon anothers backes, butt one of them is come aground uppon the barr verye daingerouslye; I feare mee hee will scarse 65 ever come free of, except it prove extroordinarye faire whether. Thus with my duty takinge my leave, prayeinge for your prosperous presseinge, &c. Will Coole is loose, as Mr. Randall doth write, and will bee heare verey shortlye.

    Your worships dutyfulle servante to comand.


  28. List of ships of the enemy proceeded against in the Court of Admiralty since May 1624.

    [S. P. Dom. Charles I. xxvii. 104.]

    1626, May. A schedule of such shippes, whether Piraticall, Turkishe, or belonginge to the Enemye, which appeareth by the Records of the Admiraltye to have bene proceeded againste in that Courte since Maye 1624. The directe tymes when those shippes were seized doeth not appeare, But the tymes when the suites against those shippes there begann were as followeth.

    June 1624. A shippe called a Pallachra (? Polacca), recovered by Englishe from Turkishe. pirattes and broughte to Weymouth.

    June 1624 Three shippes, viz. the Younge Prince, the Neptune, and the Goulden Lyon, seized by the Kinges' shippe the Charles in the south of Cornewall.

    August 1624. A shippe called the Goulden Faulcon, belonginge to Captayne Browne, brought to Portsmouth and there seized.

    August 1624. A carvell, seized by Sir Richard Bingley in the Downes.

    Sept. 1624. A shippe without name, founde as a derelicte, broughte to the portes of Cornewall and there seized by Sir James Bagge.

    Oct. 1624. A shippe called the Orange Tree, of Venhusen in Hollande, seized at Weymouth,

    Oct. 1624. A shippe called the White Dove, taken by George Herryott and his Companye, broughte to Fowy in Cornewall, and there [? seized] by Sir James Bagge. 66

    Eodem mense. A shippe called the St. Julyan, broughte to Fowy aforesayd and there seized by James Bagge.

    November 1624. A shippe called the Speedwell, belongeinge to Edward Yates, a piratt, broughte into Fowy and there seized by Sir James Bagge.

    Eodem mense. A pincke called the redd Lyon, broughte by Adrian Marten and his Companye into Fowy, and there seized by Sir James Bagge.

    Eodem mense. A carvell belonginge to Turkes pirattes, brought to Plymouth and their seized.

    Eodem mense. A shippe called the Greene Drake, broughte to London and there arrested.

    Eodem mense. A shippe called the Flinte, broughte to Appledore in Devon and there seized.

    February 162r. A shippe without name, recovered from Turkes pirattes and broughte to Plymouthe and their seized by Sir James Bagge.

    Eodem mense. An Irishe shippe, recovered from Dutch pirattes and broughte to Plymouth and there seized.

    Eodem mense. A shippe called the Flyeinge Hart, brought to Tingmouth[15] in Devon and there seized.

    May 1625. A shippe called the Walthewe, seized by the Kinges shippe (wherof Christopher Harris was captayne) and broughte to Bristowe.

    Eodem mense. A Dutch shippe laden with sugars, seized by the Lord George at Hurst.

    June 1625. A shippe called the Joshua, belonginge to Robert Hayott, piratt, broughte to Dartmouth and their seized.

    Eodem mense. A small shippe belongeinge to Richard Quayle, broughte to Portsmouth and there seized. 67

    Shippes seized by the Kinges fleet.

    Novem. 1625
    Seized as belonging to the enemye.    The St. Claude.
    The Esperanza.
    The St. Marye.
    The Paradice.
    The Sea venture.
    The St. Peter of Lubestate.
    The St. Peter of Callice.
    The St. Andrewe of Amsterdam.
    The St. Andrewe of Callice,
    The St. Peter of Haver de Grace.
    The Kinge David of Dover.
    The St. Anne.
    The St. George.
    The St. James of Callice.
    The St. Nicholas.
    The St. Luke of Lubestate.

    Novem: 1625. The Blue Dove and the Bloome Pott, seized as Piratticall shippes.

    Nov. 1625. The shippes the Faulcon and the Starre, seized by that Fleete as Piratticall shippes.

    Eodem mense. The Orange tree, seized at Weymouth.

    January 1625/6.. The shippe the St. Peter of Dunkerke, seized and broughte to Portsmouth.

    Eodem mense. The shippe the Blessinge of Burnt Iland, seized by Letters of Reprizall graunted to Pawson and others and broughte to Portsmouth.

    Eodem mense. The Reed Lyon, seized by his Majesties shippes and broughte to Portsmouth.

    Eodem mense. The shippe the Fortune, Jasper Nao, master, seized and broughte to Portsmouth.

    Eodem mense. The shippe the Hope, Robert Lopeene, master, seized and broughte to Portsmouth. 68

    Eodem mense. The shippe the St. Peter, broughte to Plymouth by Mons. Soubieze.

    Feb. 1625/6. The Hope of Roterdam, broughte by pirattes to St. Ives in Cornewall, and there seized by the Vice-Admirall.

    Eodem mense. The Griffin, of Hamborowe, seized by Sir Henrye Palmer, Knighte, in the Downes, and sent to London.

    March 1625/6. The shippe the St. Marye of Callice, wherof Michael Daggobert was master, seized by the Kinges shippe, wherof one Bushell is captayne, are sent to London.

    Eodem mense. The shippes the St. John Baptiste, the Goulden Rose, and the Goulden Sunne seized by Sir James Bagge in the south of Cornewall.

    Eodem mense. The shippe the St. Peter of Waterford, seized by Sir Henrye Palmer and sente to London.

    Eodem mense. The shippe the St. James of Dansicke, seized by the Kinges Fleete in Ireland and brought to Portsmouth.

    March 1626.. The shippe the Fortune of Hamboroughe, taken by the Kinges fleete and broughte to Bristowe.

    March 1626.. The shippe the St. Peter of Roane, seized by Sir James Bagge at Plymouth and broughte aboute to London.

    April 1626.. The shippe the King David of Hamborowe, stayed by Sir James Bagge at Plymouth.

    Eodem mense. The shippe the Gifte of God, of Weymouth, seized by Captayne Osborne and broughte to London.

    Eodem mense. The shippe the Anne of St. Malloes, seized by the sayde Captayne Osborne and broughte to London.

    April 1626.. A Turkishe shippe, broughte to Plymouth and there seized by Sir John Ellyott.

    Eodem mense. A shippe called the Greyhounde, seized by the Kinges fleete and broughte to London.

    Eodem mense. A Turkish man of warre, recovered by Englishe from Turkishe pirattes, seized by Captayne Mason in Ireland and since broughte to Plymouth 69

    Eodem mense. A shippe called the Fortune of Dunkerke, seized by Captayne Harris and Capteyne Button in the Hector and Alathia.

    Eodem mense. A shippe called the Redd Hart, seized by the Kinges fleet and broughte to London.

    Eodem mense. A shippe called the St. Jacob of Dansicke, seized by Sir John Elliott, Knighte, at Dartmouth.

    Sept. 1625. A shippe called the Faulcon of Dundee, taken by the William and Thomas of London by vertue of Letters of Reprizall graunted to Samuell Pawson and others and broughte to Portsmouth.

    Eodem mense. A shippe called the St. Jacob of Danske, taken by the sayd shippe by vertue of the same Commission and brought to Portsmouth.

    May 1626.. A shippe called the St. Peter of Lisborne, taken by the Marye Rose of Bristoll by vertue of Letters of Reprizall graunted to William Pitt and others of Bristoll and broughte to Bristoll.

    April 1626.. A shippe, the St. Peter of Wexford, seized by Sir John Chudleigh, Knighte, in the Raynebowe and broughte to Plymouth.


  29. Notes by Edward Nicholas.

    [S. P. Dom. Charles I. xxvii. 106.]

    The St. Peter. 1626, May.

    1. The first sentence in the Admiralty Court.
    2. The deposicions of wittnesses taken after the stay made after the interlocutorie sentence.
    3. The Coppy of the Duke's lettre to the 6 Advocatts.
    4. The Inventorie by which the goods were delivered to Mr. Marshe.
    5. The sentence of discharge after new proofe examyned.
    6. The Article betweene England and Fraunce touching the illegalnes of embarguing.
    7. The Decree att Roan.

    70 The £10,000 from Indea merchaunts.[16]

    1. The informative Proofes, the Sentence and all the Acts and proceedings in the Admiralty Court.
    2. All the notes of the Companies booke touching the conferences and agreement.
    3. The Treaties betweene Spaine and England.

    [Indorsed] Proofes concerning the St. Peter and the East India Company.


71

Part IV.—Documents relating to Article VI.

[In the sixth article the Duke is charged with extorting 10,000l. from the East India Company, hearing some good success that those merchants had at Ormuz. On March 1, 162|, he moved the Lords then assembled in Parliament, whether he might not stay the ships of the Company then going out. Upon their assent he stayed them on March 5. He followed up this step, which, though it is not stated in the article, was ostensibly taken on the ground that the services of the ships might be needed in the impending war, by bringing an action in the Admiralty Court against the Company for 15,000l., said to have been piratically taken by some of the Company's captains. It was only upon their giving him 10,000l. that he allowed the ships to sail. The course of the affair may be traced in the following documents.]


  1. Court Minutes of the East India Company.

    [Court Minute Book, vi. 24.]

    1623, July 23. Mr. Deputee reported further that it pleased his Majestie to summon by an express messenger Mr. Governor and himself with some others of the Companie to attend him att Whitehall uppon Sunday last[1] in the morning, and for as much as Mr. Governor's health did not then permitt him, Mr. Deputie, accompanied with some of the Committees, went to Whitehall, where, uppon notice given to his Majestie of their beeing there, he sent for them in, and, commaunding the Chamber to be voyded of all other company, he tould them that he had understood from the Duke of Buckingham that the companie had before his going promised to grattifie him, the said Duke, 72 that promise also confirmed since att a Courte; he therefore advised them to do it now in his absence, and that in so doing the guift will come the more acceptably, because thereby it would appeere they had bene mindfull of him; he said further (and spake it cheerefully) that the grattifficacion to the Duke had bene staid untill the busines of Ormuz[2] were cleered; the King tould them their shippes were now come from thence, so as he doubted not but they would answere it well enough; and, therefore, now they might perfourme what they intended. Mr. Deputy made answeare that they their present were but a few, and could not do anie such thing alone; but he would moove it to the Company, and his Majestie should have an accompt thereof; the King willed him so to doe, and that in anie case they should send him their answere wheresoever he should be in progress. The Courte considered of the favours formerly done to the Companie by the said Lo: Admirall, and the continuall use they shall have of his favor; and that this business of Ormuz (how well soever to be answeared of the Companies parte) maie find a strong opposicion. Also, howsoever it had pleased the King formerly to saie that the Lo: Admirall should have nothing from the Companie for the busines with the Dutch,[3] yet it is both fitt to gratiffie him, and it appeares to be expected att their handes. It was also remembred that att such time as the rest of the Lordes were grattiffied, it was resolved to grattiffie him also, that the same resolucion had been confirmed att anoather Court, but no somme sett downe. It was therefore now propounded what somme wilbe fitt to be geven to the Lo: Admirall as well for his favors shewen the Companie in the last treaty with the Dutch as to sweeten him for their future occasions, and particularly for that of Ormuz. The 73 Courte with one consent agreed and ordered that he shall have two thousand poundes: and Mr. Deputie and Mr. Munnes were entreated to acquaint his Majestie with the Courtes resolucion.


  2. Examinations in the Court of Admiralty about the taking of a Portuguese ship.

    [S. P. East Indies, ii. 84.]

    1623, Dec. 11. John Weddall, of Ratcliffe, in the Countie of Middlesex, gent., aged forty yeares or thereabouts, examined before the right worshipfull Sirr Henry Marten, Knighte, Judge of His Majesty's Highe Courte of Admiraltie, uppon certeine Articles ministred on the behalfe of the Lord Highe Admirall of England.[4]

    To the firste hee aunswereth and saieth, That hee went out of the Downes bound for the East Indyes in Aprill nexte shalbee three yeares, in the shippe the Jonas, whereof hee was Captaine and Commaunder, and was Admirall to and had alsoe the comaunde of three other shippes, vizt, the Whale, the Dolphin, and the Lyon, and was in that voyage xxix moneths, and arrived againe in the Downes from that voyage in July laste.

    To the second hee saieth, That at the Cape, bound out uppon that voiage, hee overtooke twoe other of the companies shippes, vizt. , the Rose and the Dicke, and those twoe shippes hee alsoe tooke into his Fleete, and commaunded them as the reste, and sailinge in companie togeather betwixte the Islandes of Comero and the Iland of Saccatra, the little Dicke, by misty and foggy weather, loste the companie of the rest of the Fleete, and the next day she mett with a Portugall shippe there that shott at her (as her companie have tolde this Examinate), and then the Dicke entered into fighte with her and surprised her, and afterwards broughte 74 her the said Portugall to Surrat to this Examinate and the rest of the Fleete; and afterwards nere Ormous, when the Castle was takeinge there, some Portugalls runninge away in a smalle friggott, this Examinates companie in their barges tooke her and seized her, And these were all the shippes, or other vessells, that this Examinate or any of his Fleete tooke the said voyage.

    To the third hee saieth, That the Portugall shippe that the Dicke tooke as aforesaid had then in her waxe, and elephants teeth, and some few other trifles, but the quantity thereof he knoweth not, wch were altogeather seen and veiwed by certeine merchants, on the East Indya Companies behalfe, and certeine pursers on the A Portugall price valued at 6000li marriners behalfe, that were chosen as indifferent men to make an estimacion thereof, which valued the same altogeather at sixe thousand pounds and noe more. And in that shippe there was neither moneyes nor Jewells that ever hee sawe, or heard of, and the friggott taken as aforesaid was empty and had nothinge in her wherein the Portugalls were runninge away as aforesaid.

    To the fowerth hee saieth, That whatsoever was taken in the said Portugall shippe to this Examinates knowledge was all delivered into the hands of Thomas Rasdell, president for the companie at Surratt, for the companies use, but how hee disposed thereof, or where the same now remaineth, hee knoweth not, Savinge the said Rasdell devided a sixte parte of the same amongest the companie of this Examinates Fleete, and the shippe was restored againe to the Portugalls.

    To the fifte hee saieth, That hee was at the takeinge of Ormous in the Jonas aforesaid, whereof hee was then commaunder, and there were present at that action besides the Jonas these shippes, vizt, the Whale, the Dolphin, and the Robert, wch were all under this Examinates commaund, and the London and the Shillinge, whereof Captaine Richard Blith was commaunder, and this was in Aprill last was a twelve moneth.

    What the Englishe gained att Ormouz. To the sixte hee saieth, That the Englishe at the takeinge of Ormous had and gained there aboute fiftye smalle sparcks of 75 diamonds, some chaines of golde, and other Jewells, some plate, monies, bullion, panthathoes, callicoes and other Indyan goods, but the quantityes thereof hee cannott declare. All wch diamonds. Jewells, money, goods, and whatsoever ells to this Examinates knowledge that were had or gained at the taking of Ormous as aforesaid by any of the Englishe were put togeather, and received by the President of Zurratt and his assistants for the merchants, and Captaine Blith, and this Examinate and others for the 25,000li. marriners, and by them valued all togeather at twoe and twenty thousand pounds as hee remembreth, but hee beleeveth the same were worth five and twenty thousand pounds, and not above at the utmost, as he beleeveth.

    To the seaventh hee saieth, That all the monies, Jewells, goods, or other thinges that to his knowledge were had or gained by any of the Englishe at Ormous were delivered into the handes of the said Thomas Rasdell, President of the Englishe at Zurratt, and Giles James, the booke keeper there, whoe received the same for the companies use, and a sixte parte thereof they delivered amoungest the companies of the foresaid shippes.

    16o Decembris, 1623.
    Richard Blith, of Gravesend, gent., aged 45 yeares or thereabouts, examined before the right Worshipfull Sir Henry Marten, Knighte, Judge of his Majesty's Highe Courte of Admiralty uppon certeine Articles ministred on the behalfe of the Lord Highe Admirall of England.

    To the first of the said Articles hee answereth and saieth, That in Anno 1619 hee went from England, bound for the East Indyes in the shippe the Hart, whereof hee was captaine and commaunder, beinge vice-admirall to Captaine Shillinge in the London, that was Admirall of the Fleete, and hee returned from that voyage in July last.

    To the second he saieth, That in the said voyage Captaine Shillinge first tooke a Portugall ship uppon the quoaste of Indya, 76 afterwards bound for the Redd sea, this Examinate being then Admirall of that Fleete (Captaine Shillinge beinge slaine), tooke an Indyan shippe belonginge to the Portugalls, and in the same passage hee tooke a friggot of about threescore tonns, alsoe belongeinge to the Portugalls, and returninge from Indya againe hee tooke another smalle shippe (as this Examinant remembreth) to the Portugalls; and those were all the shipps, friggots, or other vessells, that this Examinate or the Fleete that hee was of tooke that voyage, which were all taken within the yeares 1620 and 1621. But hee saieth that afterwards at Ormous, this Examinate and Captaine Weddall, with their two fleetes, suncke and burnt five gallyoons, and a great galley belonginge to the Portugalls.

    To the third he saieth, That in the first shippe taken by Captaine Shillinge as aforesaid, there was nothinge but twoe and forty Arabian horses, and (as this Examinate hath heard) aboute a hundred pounds in coyned golde, and that money was delivered unto Mr. Kerridge then president for the companie at Zurratt, and the shippe and all the horses were afterwards burnt in the firste fighte with the Portugalls at Jasques. In the second shippe taken as aforesaid were onely provision of victualls, as ryce, wheate, and other kindes of graines, which the Englishe, wantinge victualls, were forced to make use, but noe Jewells, money, goods, or other merchandices were then in her, and that ship was soe leake that the Englishe broke her upp for fyer wood as old and unusefull. In the third vessell taken as aforesaid beeing a friggott was taken onely some certeine ingotts and chaines of golde, the number or value thereof hee knoweth not nor can remember, and some baggs of white money, but how many they were or the contents of any of them he remembreth not, with some certeine parcells of wett cloth, the number whereof hee remembreth not, which ingotts and chaines of golde, white money, and cloth was all delivered to one Mr. Rastell, then and now President of Zurratt, and the friggott was old and rotten, and therefore layed upp at Zurratt aforesaid, and in the fowerth shippe taken as aforesaid there was onely twenty 77 thousand or thereabouts of lawrees, beinge peeces of silver, every peece worthe aboute tenn pence, which belonged to a Guzzeratt, and were afterwards restored to him, and nothinge ells, and the shippe was afterwards given to the Portugalls; and those were all the Jewells, moneys, or goods, that were taken in the said shipps and other vessells, which were disposed of as aforesaid, onely a sixte parte thereof was devided amoungeste the companie of the Englishe Fleete.

    To the fifte, sixte, and seaventh hee saieth, That hee was at the takeinge of Ormous in the London, whereof hee was then commaunder, and at that action there was a pinnace called the Andrew under this Examinates commaund, and under the commaund of Captaine Weddall the shipps the Jonas, the Whale, and the Dolphin, which was aboute April 1621, and there was delivered by the Persians at that action to the Englishe certeine Jewells, golde, plate, and other goods, the quantityes or kindes whereof hee cannott now remember, which were all put together and estimated by certeine people of the country appointed thereunto by the Persians gave the worth of about 20,000li. president and factors at Zurratt at twenty thousand pounds or thereabouts as this Examinate remembreth, which were soe equally estimated that any man might have boughte the same as twas valued as aforesaid, and this was all that the Englishe had at Ormous, which was all delivered to the said Mr Rastall president for the Englishe at Zurratt, and hee devided a sixte parte thereof amoungeste the marrieners, and kepte the rest for the companies behalfe Savinge that the Persians gave the Englishe there, which are now in India, for the companies use, tenn peeces of ordenance in regarde the Englishe complained that their shipps were unfurnished of ordenance by reason of some of their Ordenance that were formerly broken in fighte with the Portugalls.

    22o Decembris, 1623.
    Charles Clevenger of London, gent, aged 46 yeares or thereabouts, examined as aforesaid, saieth as followeth. 78

    To the firste Article hee saieth, That hee departed out of the Downes bound forth for the East Indyes, uppon the sixtenth day of March 1618 in the shippe the Paulsgrave whereof hee was comaunder and was admirall and had the commaund of the Elsabeth and Hope that were of the Paulsgraves Fleete, and arrived in the Downes from that voyage in Auguste laste.

    To the seconde, third, and fowerth Articles hee saieth, That in the yeare 1620, betwene the Maneloies and China this Examinate and his foresaid Fleete that was under his commaunde, togeather with five shippes of the Dutch in his companie, tooke seaven juncks belonging to the Chiness, wherein they tooke some silkes, taffaty, and satten callicoes, and linnen cloth, and other such like commodityes (the quantityes whereof hee cannott specefye), which were all put togeather and at Japan valued by fower Englishe and 80,000 peeces of eight from the Chiness. fower Dutch merchants at fourescore thousand peeces of 8: and then one halfe thereof was delivered to one Captaine Specke, chiefe factor there, for the Dutch, and the other halfe to one Captaine Coxe, the president there for the Englishe, to the use of each companie, but how they have disposed thereof hee cannott declare, and more then the foresaid goods there was not any thinge taken in the said junckes to his knowledge, and the nexte yeare followinge in the same place this Examinate with his Fleete, and five Dutch shippes then alsoe in his companie, tooke twoe other junckes then belonginge alsoe to the Chiness, wherein they tooke good store of rawe silke, twisted silke, damaske tafiatyes, and sattens, with many other commodityes, but noe Jewells, pretious stones, gold, or silver whatsoever (the quantityes whereof hee cannott declare), but the same were all delivered, the one halfe to the foresaid Captaine Coxe, for the Englishe companies behalfe; and the other to the foresaid Captaine Specke, for the Dutch Companies behalfe, but 200,000 ryalls of eight from the Chiness. were not estimated when this Examinate came from Japan, but this Examinate and others, at large, estimated the same to bee worth aboute twoe hundred thousand ryalis of 8: and these were all the vessells, shippes, or goods that this Examinate or any of his 79 Fleete tookc the said voyage, save onely twoe smalle friggotts belonginge to the Portugall, in the one beeinge nothinge but a few deares hides, a little sugar, and three or fower bayles of silke worth aboute three hundred pounds sterlinge, and in the other good store of silke and taffatyes and other commodityes to the value of aboute fower thousand pounds, which were all delivered to the said Coxe and Specke at Japan, but there was noe monies, Jewells, or anythinge ells in those friggotts to this Examinates knowledge.

    To the 5, 6, and 7th Articles hee can saye nothinge because hee was not at the takeinge of Ormous.

    3o Januarii, 1623.
    Gamaliel Embrey chirurgeon, lyeinge in greate Eastcheape, London, at the signe of the Christopher, aged thirty yeares or thereabouts, sworne and examined before the right worshipfull Sir Henry Marten, Knighte, Judge of his Majesty's highe Courte of Admiraltye, uppon certeine Articles ministred on his Majestyes behalfe, saieth thereto as followeth.

    1. Hee saieth, That in the shippe the London whereof hee was chirurgeons mate, hee went out of the Downes bound for the East Indyes the 25th day of March 1619 and he saith that the 21st day of November 1620 the shipp London, in companie of the Robucke betwixte Indya and Persia, mett with a Portugalle shippe laden with dates racens and horses, which after a shott or twoe yeelded to them, whereupon they putt ashore the men, but the shippe and ladinge they kepte about a moneth, after which time the Hart and Eagle returninge from Persia, for feare of fower Portugall shippes that laye there in wayte for them, and joyneinge companie with the London and Robucke, went all fower togeather to Jasques roade, where the said Portugall men of war laye, to keepe them out of the harbour, and there the nexte day after their comeinge thither the Portugall men of warr sett upon them, and in that fighte their foresaid prize with all the horses and dates then in her were burnt, but some parte of the dates, as alsoe some 80 quantitye of racens taken in her, were taken out of her by the Englishe, which they eate, and spente for their provision, and besides they had pilladged the Portugalls of such silver and other goods as they had aboute them, but to what value hee knoweth not.

    2. Further hee saith, That the Hart and the Eagle before they mett with the London and Roebucke had taken twoe Portugall prizes, the one laden with stuffe, and the other with dates, which after they had somewhat pillaged they dismiste, because the Portugall men of warr were then neere them and chased them, but what the value of that pilladge was hee cannot tell.

    3. Further hee saieth, That on the 27th day of January 1620, the foresaid foure Englishe shippes tooke another Portugall man of warr by Duehead, and called her the Andrew, in which shippe was noe other goods but municion.

    4. More hee saith, That uppon the firste of May, 1621, the foresaid three shippes, the London, Hart, and Roebucke, tooke another Portugall prize betwixte Indya and the Redd Sea, laden with ryce, pepper, and China ware, which prize they named the May Flower, but the value of that which they tooke in her hee knoweth not, but what was in her they tooke into the London all but the ryce, which was solde in Arabia, and suncke the shippe.

    5. Hee further saith, That May the seaventh followinge the said three shippes tooke another Portugalle prize, which they termed a golden prize, but she was afterwards named the Primrose, the ladeinge was golde, silver, and ebonywood, which wood the Roebucke broughte for Englande, but the golde and silver was disposed of by the merchant factors in Indya, the value whereof hee knoweth not.

    6. Hee alsoe saieth, That the thirtenth day of October followeinge the said three shipps tooke a fifte Portugall prize which they called the Shillinge, but in the chase the Portugalls ran her ashoare, and gott out of her, and carryed away with them most of her ladinge of value, soe that there was onely a little smalle pilladge left in 81 her for the Englishe, And aboute that time one of the Portugall prizes called the Andrew manned with the Englishe, beinge sente before to Zurratt by the way tooke a Chawle juncke with greate store of treasure in her, and carryed her to Swaley roade, where was the Jonas and her fleete come from England, and they had carryed the treasure aboard the Jonas, before the London, Hart, and Roebucke could come thither, soe as this Examinate did not see the same but heard of that as a notorious thinge, and that was disposed of, by the captain and merchaunts there, but the value thereof hee knoweth not.

    7. Hee alsoe further saith, That Aprill the 23th 1622 (one which day the Castle of Ormous was yeelded upp), a country boate putt of from the Castle, with Portugalls in her, and fell into the hands 40,000li. att Ormous. of the Englishe with forty thousand pounds of treasure in her, which hee the rather is induced to affirme, because the 24th of September 1622, when the shipps returned to Zurratt againe, the merchaunts there spent some good time in tellinge and weighinge of the gold that came from Ormous.

      Besides hee saieth, That the twoe captaines, vizt., Richard Blith, captaine of the London, and John Weddal, captaine of the Jonas, had each of them houses in Ormous to share the pillage in.

    9o Januarii 1623 stilo Anglie.
    James Beaversham of Ipswich, in the county of Suffolcke marriner, aged 44 yeares or thereabouts, examined before the right worshipfull Sir Henry Marten, Knighte, Judge of his Majestyes highe Courte of Admiralty, uppon certeine Articles ministred on the behalfe of the Lord highe Admirall of England, aunswereth thereto as followeth.

    To the firste hee saieth, That hee departed out of the Downes bounde for the East Indyes the firste daye of Aprill 1621, in the shippe the Lyon, whereof this Examinate was then commaunder, and there were then in her companie, and of her fleete, the shipps the Jonas, the Whale, and the Dolphin, and hee arrived here in England from that voyage in July last. 82

    To the seconde, third, and fowerth Articles hee saieth, That the said shipps saylinge togeather for the Indyes to the eastward of the Cape overtooke twoe other of the companies shipps called the Rose and Richard, bound alsoe for the Indyes, and those shipps then sailed alonge in companie of the rest aforesaid, and sailinge soe togeather in Auguste 1621, in an eveninge, the Richard beinge aboute a league ahead of the rest of the Fleete, to the westward of the Island of Soccatore discovered a Portugall shippe, and chased and tooke her, and carryed her to Zurratt in Indya: and that Portugall was laden with elephants teeth, gum, and the like, but the quantityes or values hee knoweth not, which was all delivered over to Mr. Rasdell, the President at Zurratt, for the Companies use, and more then that shippe and goods to his knowledge the fleete that hee was of did not take anythinge, savinge a smalle friggott that they tooke from the Arabians uppon the quoaste of Arabia which had noe merchandize in her nor anythinge ells, savinge some money in Cheekeens[5] and Spannishe money (the juste some whereof hee doth not now remember), but hee saieth yt was not 700li. above seaven hundred pounds, which was alsoe delivered to the foresaid Rasdell for the companies use.

    To the 5, 6, and 7th Articles hee can say nothinge, because hee was not at the takeing of Ormous, but was gone for the Redd Sea, twoe moneths before the castle was taken.

    96,000li. & 240,000 peeces or ryalls of 8.


  3. Notes of prizes taken in the East Indies.

    [S. P. East Indies, iii. 2.]

    1623/4, Jan. 20. Concerning the spoiles & depradations made in the Indies. 83

    It appeareth by the depositions, That the companie is possessed of goods taken from the Portugalls at Ormous & at sea, which are valued by themselves at 26,000li.
    Besides The Golden prise
    Stuff prise
    Date prise
    Rye prise
    17 peeces of Ordinance
    unvalued.
    And of goods taken from the Chineses valued also by themselves at   28,000li.
    The true value wil apeare by the Companies accompts.  Besides the Chalow jounck rich in treasore unvalued. Total valued   54,000li.
    which with the prizes unvalued can not bee so litle as   100,000li

    Theis goods were taken either by piracie from frends or by reprisal from enimies.

    That they were piraticallie taken may appeare: because The Portugalls are in his Majesteys confederacie, & though by treatie with the Hollanders, the Companie is allowed to maintaine shipps of warre for defence of theire trade yet they are not therby warranted to assaile, or to use depredation or spoile.

    The Chineses and other infidels, though they bee no confederats, yet ther is no hostilitie betwixt his Majesty & them: & having entercourse of trade with his subjects in those parts, are thereby in his peace.

    If for theis reasons the goods were piratically taken then both the goods and the ships that tooke them are forfeated to your Grace: & the takers and their estats are at his Majesteys mercie.

    But if in a more favorable construction our confederacie with Spaine extendeth not so farre, and the Chineses forbidding other nations to trade in their contrie bee esteemed common enimies, & so the goods bee lawfully taken as by reprisal from both, then by the ancient clame of the Admiraltie a tenth thereof is due to your Grace: which the late Lord Admiral enjoyed by way of composition: & which amounteth to more than ten thousand pounds. 84

    To question the Companie for piracie

    1. Would dishonor our nation abroade.
    2. Wil be doubtful against so great a Companie, so ritch a stock, & so settled a government.
    3. It tendeth to the overthrow of the Companie stock and trade.
    4. It wil prejudice his Majesty, who besides the main support of his Customs, hath by this Companie a considerable strength by sea against anie enemie, & readie servise otherwise uppon al occasions.

    To compound with them as for tenths

    1. Is easier to obtaine, specially uppon ouverturs made from them selvs.
    2. Besides the present convenient summe may settle a constant revenue for time to cum.
    3. By incourageing the seamen in those parts, may weaken & happily expel the Portugall: & in short time gett the whole trade of the East into our hands.




  4. Court Minutes of the East India Company.

    [Court Minute Book, vi. 412.]

    1623/4, Feb. 18. Mr. Bell and Mr. Abdy haveing bene intreated to take advice both of civill lawyers and common, Mr. Bell reported that accordingly they had attended Doctor Steward, with whome at first they conferred in generall tearmes representing the Companies case, that marchants, immediately from the King, do sett forth voyages into remote countrys, to discover trade, both for the honner and benefitt of their country, in prosecucion of which voyages, the marchantes, being by hostile accions interupted, indeavour to right themselves and take reprisalls, in which case they desired wherein theise merchantes being by hostile accions interrupted indeavour to right themselves and take reprisalls, in which cases they desired to understand whether the Admirall of 85 the country wherein theise marchants dwelt could by lawe pretend any right to anie parte of such reprisalls; the doctor answered that the tenth parte of custome belonges to the Lord Admirall, if he give any commission; and said there was no written lawe for it, neither sawe he any reason why the Admirall should pretend any right where he gives no letters of marte; but uppon further conference Doctor Steward declared himself when he understood the busines had relacion to the Lord Admirall of England, that he would neither be of the Companies counsell in this cause nor deliver his opinion against the Lord Admirall, pretending he had bene of counsell with the last Lo: Admirall and this theise foure yeares, and therefore advised Mr. Bell and Mr. Abdy not to proceede to disclose the seacretts of their cause, least it should turne to the Companies disadvantage; the Committees they made knowen that the Company had no purpose to wage lawe with the Lord Admirall, but onely to certify their owne judgements, that when the matter shalbe handled before his Lordshipp, the better satisfaccion of whose noble disposition and love to the Company they made no question and used other motives to induce the delivery [?][6] of the Doctors opinion; but all would not avayle, only he said there was no written lawe for the Lord Admirall's pretences in cases where he gives no commission. He was then demaunded concerning the jurisdiccion of the Admiralty, how farr it extended, he said every where uppon the maine ocean, and in fine was intreated and promised to keep seacrett the conference; and that, in any other cause for the Company, he would afforde them his best advice.

    The said Committees then proceeded and went to Doctor Zouch, to whome they ingeniously declared the Companies case, and shewed him the patent whereby they are warranted to perfourme what they have done, and desired his opinion, and upon perusall of theise wordes of the pattent, he declared there was no law for the Admiralls demaund of tenths, but said that tenthes had bene given 86 of custome, where lettres of marte had bene by him graunted, and that was grounded upon the custome of Normandy, where the Admirall, as appeares by the lawe of that country, is at greate charge in such expediccions, where he demaundeth tenthes. Here Mr. Deputy tooke occasion to relate a passage concerning the jurisdiccion of the Admirallty in a case tryed here for goodes taken and carried away from     [7] to Syvett a Vech,[8] in which case the principall was executed because it appeared the fact committed uppon the Mediterrean sea, but one Barker who was also questioned for the same busines as an accessary was discharged, for that he was at shoare and not uppon the sea when the depredacion was committed; then the said Committees made further reporte of Doctor Zouch his opinion in the busines propounded, as that the King may make divers Admiralls, and so that one shall not have jurisdiccion over another, as the Admirall of England, and the Admirall of the Cinque Fortes, instanceing in a late case concerning a Lubecker taken by Sir Richard Bingley neere Sandoune, as a wrack, wherein both Admiralls pretended interest, but uppon examination it appeared shee was no wracke and was discharged, and uppon representation to him that the Company intend not to contend with the Lord Admirall but to certify their owne judgements, that this was a single case without president, that what was taken was expended in charge of victuall and wages, in which case the doctor said, if anything due. yet the Lord Admirall could onely challenge the tenth of what came cleere to the Company, all charges deducted, and lastly that some of theise reprisalls had bene taken uppon the coast of China by joinct commission from English and Dutch by virtue of the late treaty. This discourse haveing passed thus, the doctor desired he might have a coppy of the wordes of the pattent, and he would informe himself with reasons uppon the groundes aforesaid to exempt the Company from this demaund, and would sett downe his opinion in writing. 87

    Mr Bell observed further that he had allso conferred with Sir John Watts, whose opinion was to delay the giveing of an answere, and that the fleete now bound forth should proceede with commission as formerly. The Courte then tooke into consideration what was to be done, some mooved that after they were armed with reasons from Doctor Zouch some three or foure might be aucthorised to give answere to the party employed by my Lord Admirall, the Courte remembring that the former Lord Admirall by Sir John Trevor had made the like pretence, but the Company had given him nothing to any purpose, and it was observed that when letters of marte are granted the party payeing a tenth is free from all further trouble, which cannot be in this busines, that uppon lettres of marte men go purposely to take spoils, but theise shippes sett out to pursue trade quietly without any such intencion. Further debate was uppon this busines, and it was in conclusion held meete to give answere at present to Mr. Cooke that the Company desire the contynuance of my Lordes favour, that they had formerly in my Lordes absence uppon this occasion given 2000li., hopeing the accompt of Ormuz would have borne it, that they are not willing to contend with my Lord, that they hope to give reasones to his Lordship when he shal be pleased to call the Company before him that, of right in the Companies case, no tenths are due to his Lordship. This busines beeing thus debated at large, Mr. Deputy recommended it as a seacrett, and not divulged abroad.

    [Court Minute Book, vi. 425.]

    1623/4, Feb. 23. They[9] proceeding allso went and conferred with the gentleman employed by the Lord Admirall aboute his demaundes, whoe beeing tould the reason of giveing the gratificacion of twoe thowsand poundes seemed nothing satisfied therewith, neither would be though he were requested signifie so much to the Lord Admirall, nor lett his Lordship knowe that the Company desired his noble favour to 88 lay aside all pretence of right, the gentleman refusesing to interceade on the Companye's behaulfe, but left it to the Company to make their owne request. The question then grew howe to moove my Lord whether by peticion or by word of mouth, some approving th'one course, some th'other, and reasons were alleadged on both sides, but the resolution of the Court was by peticion to signifie the Companies desire, it being conceived that a peticion may be so cautiousely contested that it may neither give his Lordship hope to obteyne any thing of right, nor yet be subject to doubtfull construccions, and to that purpose a draught to be conceived which may be received and reviewed but not exhibited untill Doctor Zouch have delivered his opinion; and to parte as fayerly with his Lordship as may be without giving any distaste, and though it be likely that this man will reporte the whole busines to my Lord, yet it is held necessary to attend his Lordship to prevent anie conceite of neglecte that might ensue therein.

    [Court Minute Book, vi. 430.]

    1623/4, Feb. 27. The Court haveing formerly given direccion to the Companyes secretory for the draught of a peticion to the Lord Admirall, the same was now read unto them, and thereuppon the Courte fell into deliberacion what to determine in that busines. It was considered that the case growes daungerous to the Company, for the Portugall armes in earnest, and is filled with anger and revenge by the late defeates they received in the Indies, so as if the English shalbe subject to question for what they do in their just defence, it will disharten all seafring men from doing service to the Company. It was considered that the custom in theise cases] [is] to graunt lettres of marte, and if it please the Duke as he is Admirall of England to graunt lettres of marte, the Company will willingly allowe him his right, and thereby will redound a double good to the Company, for they shall knowe what is theirs, and be free from question, and the marryner shalbe freed from feare of beeing brought to his answere 89 for what is taken in the Indies, some thought it fitt not to go so far as yet, first, for that there is no plaine demaund of a tenth, secondly, because if it were in plaine tearmes demaunded, the accion will not beare it; but the generall opinion was to give a faire answere to the Duke, and not to forgett to lett him knowe that the Portugall hath armed a forte against the English, and the accion yieldes not the principall.

    It was allso reported to the Court that civillians were of opinion that for goodes taken beyond the lyne the Lord Admirall hath no jurisdiccion, and therefore can require no tenth; but the Court thought it no fitt course to dispute the Companies right, but to deale with the Duke by way of mediacion, and therein to use some such person as hath interest in him, whoe may perswade him to wayve his pretence of interest, and to lett him knowe that the Company shall have continuall use of his favour. In thend, nothing was resolved, but left to further consideracion.

    [Court Minute Book, vi. 435.]

    1623/4, Feb. 28. The Companies' Secretary had received a former direccion from this Court to draw a peticion to the Lord Admirall concerning the pretence of right for goodes taken from the Portugalls in th' Indies; the draught beeing read, the Courte thought it fitt to alter the forme of that peticion, but haveing further advised of the matter of the peticion, they conceyved that it was a hard matter so to couch any thing in writing but that it would give advantage against the Company. It was therefore resolved that Mr. Deputy, Mr. Bell, Mr. Stile, Mr. Abdy, and Mr. Munnes shall consult of some fitt body that hath interest in the Lord Admirall, and may by way of discourse infourme his Lordship of the true state of the busines, togeather with his opinion concerning the same.

    [Court Minute Book, vi. 439.]

    1623/4, March 6. Mr. Deputy acquainted the Court that a mocion had bene in Parliament for stay of the Companies shippes now bound for th' Indies, and thereuppon a stay made of them accordingly, that for 90 his parte he had not slept in the busines, but had done what lay in him to further their proceedinges in the voyage, and while himself, with some others of the Company, were devising of some way for their release, they mett with such meanes as they would have wished; a gentleman whoe not in the Companies behaulf (haveing no interest in this adventure), but for virtue's sake, had broke the yce, so as when himself accompanied with two or three others of the Committees had sought the Lord Admirall at Yorke house, and found him not, they went the next morning to Theobaldes, where, finding the Lord Duke newely to have taken horse to wayte uppon the King, they attended his returne, and then haveing made knowen to his Lordship the cause of their comeing, namely, to be humble sutors for the release of their shippes, his Lordship was pleased to make them answere that he had not bene the occasion of their stay, but haveing heard the mocion with much earnestnes in the upper house of Parliament, he could do no lesse then give the order they[10] had done, but tould them he had something in his pockett would do them good, and willed them to sett downe what reasons they could, and he would acquaint the house there with. In the meane time, uppon their humble request his Lordship was pleased to give way that their shippes might fall downe as lowe as Tilbury, there to attend such further direccion as should be given, which order his Lordship gave them leave to signifie unto Mr. Pexall, sargant of the Admiralty, by word of mouth, for that his Lordship had no secretary present to sett the same downe in writing.


  5. Examinations in the Court of Admiralty.

    [Admiralty Court, Book of Acts.}

    1623/4, March 4. Thomas Watts, of Radcliffe, in the County of Midd[le]s[ex], marriner, aged 30 yeares or thereabouts, sworne and examined before the right worshipfull Sir Henry Marten, Knight, Judge of his Majesty's highe Courte of Admiralty uppon certein Articles ministred 91 on the behalfe of James Beversham, gent, saieth and deposeth therto as followeth:

    To the firste of the said articles hee saieth, That he was boatswaine of the shippe the Lyon, belonging to the English East India Company, and was in her at Kishmey Castle in Persia in January 1621.

    To the seconde hee saieth, That hee well knoweth the articulate James Beversham, who was comaunder of the Lyon the tyme aforesaid, and at the takinge of the castle of Kishmey and dueringe the whole voyage for aughte this exanimate (who was his boatswaine all that voyage) could see or heare, hee the said Beversham did behave himself honestlie and commenablie and deserved well at his ymployers handes. And this hee saieth uppon his oath is most true.

    To the thirde hee saieth, That the articulate Rufreroe,[11] generall of the Portugalls in Kishmey Castle aforesaid, did yeeld himself to the Englishe conditionallye that all his souldiers excepte five or sixe should bee safelye sett on shoare in Arabia with bagg and baggage, And Rufreroe himself and the other five or sixe shoulde bee carried to India and there uppon their firste arrivall putt on shoare and sett at liberty. And this hee knoweth to bee true who was at that service, beeing boatswaine of the Lyon as aforesaid.

    To the fowrth hee saieth, That by the order of Capt. Weddell the said James Beaversham did carrye the articulate Rufreroe from Kishmee Castle to Surratt in the Lyon, where hee comaunded, and all that tyme the said Beaversham did cause the said Rufreroe as a prisoner to bee safelye kepte in the Roundhouse of the Lyon, and with a barr uppon the doore of the Roundhouse barred him upp every nighte, and gave charge to this examinate beeing his boatswaine and others to keepe a good guard uppon him. And this hee knoweth to bee true beeing boatswaine of the Lyon as aforesaid.

    To the 5th and 6th hee saieth, That in this examinate's sighte the articulate Beaversham within certeine days after his arrivall at Zurratt did deliver the said Rufreroe to the articulate Rastell, the 92 Englishe Presidente there, and Rufreroe did then deliver a letter to the said Presidente from Capt. Weddell, and theruppon the said Beaversham (as this examinate hath heard from some of the Englishe Counsell then there who as they said heard the same) did wishe the said Rastell not to release him the said Rufreroe leaste hee should go to Ormous and there attempte some mischief against the English. And this hee saieth uppon his oath is moost true, and otherwise to these articles he cannott depose.

    To the seaventh hee saieth, That shortly after the receite of the said letter, and five or sixe dayes before Rufreroe escaped, the foresaid Presidente did release two Portugall cavalleires of Rufreroe's traine, and brought as prisoners from Kishmey, with a slave of theirs. And this hee sawe and knoweth to bee true.

    To the 8th hee saieth, That the said Rufreroe at his arrivall at Surratt did often complaine that hee had the fluxe, and in that respect did by this examinate's interpretacion request Beaversham that hee might have the Roundhouse doore noe longer barred uppon him, but that hee might bee permitted to walke forwarde in the shippe as his occasion shoulde urge him, but the said Beaversham therunto aunswered that hee durste not yeeld to his requeste without license from the Presidente, and theruppon the said Rufreroe to this examinate's knowledge wrott a letter to the said Presidente and sente yt to him by a blacke, and the nexte day the said Presidente sente a letter to the said Beaversham whereby hee willed him (as the said Beaversham saide) to use the saide Rufreroe like a gentleman, and not to keepe the Roundhouse doore anie longer barrd uppon him, but to lett him have the ayre of the doore, and to keepe a carefull watch over him. And this hee saieth uppon his oath is most true.

    To the 9th hee saieth, That the said Beaversham, after the receite of this letter from the Presidente, did give expresse order to this examinate beeing his boatswaine and the reste of his companie in this examinate's heareinge, in their severall watches to keepe a good guard over the said Rufreroe, and to moore boate and skiffe 93 asterne the shippe every nighte, and to take speciall care that the said Rufreroe might not escape.

    To the 10th, 11th and 12th articles hee saieth, That hee believeth that the said Beaversham was asleepe when the said Rufreroe escaped, for presently soe soone as the said Rufreroe was miste hee the said Beaversham, hearinge his companie make a noise, did rise and came out of his cabon and asked what the matter was, and seemed to bee much amazed, and as hee beleeveth in his conscience was not privy to the escape of the said Rufreroe, but altogether ignorante thereof and free from anie bribery, corruption or faulte therein, and when the said Beaversham wente to sleepe that nighte hee, findeinge the skiffe moored neere the ladder, did finde faulte therwith and commaunded this examinate to see her moored asterne the shippe. And (as this examinate hath heard) the said Rufreroe in his escape had like to have been drowned swimminge over a ryver had not one of his negroes saved him, and one his companie was drowned (as this examinate hath heard), and soe soone as ever the articulate Beaversham had notice of the said Rufreroe's escape, hee did cause his companie every way to pursue him. And this hee saieth uppon his oath is most true.

    To the laste hee saieth, That hee verily beleeveth that the said Beaversham came honestlie by all such goods as hee brought from India, and bought the same there with his owne money and comoditie, and the same were all marcked ashoare with his owne marcke before they came into the Lyon, and he borrowed some money in India to buy those goods besides his adventure. And this hee knoweth to bee true who was the said Beaversham's boatswaine as aforesaid, and more to this article hee cannott depose.

    To the cross Interrogatories ministred on the behalf of the East India Companie.

    To the firste he cannott answere otherwise then before is contained in his depositions.

    To the seconde hee saieth, That hee hath heard that the Interrogate 94 Rufreroe was sente out of Spaine with comission to surprize the Englishe shipps, and to destroy and beat away the Englishe nation from trade in the East Indyes as is interrogated. Et aliter nescit respondere.

    To the thirde hee saieth, That hee hath heard and yt was generally received for truth in the East Indyes that the Interrogate Rufreroe with his forces did assaulte the Englishe shipps the London, the Harte, the Roebucke, and the Eagle two severall dayes in the yeare 1620 or 1621.

    To the 4th and 5th hee cannott aunswere more then is contained in his former deposicions.

    To the 6th hee aunswereth negatively, so farr as hee knoweth, beleeveth, or hath heard.

    To the 7th hee saieth, That the Interrogate Rufreroe escaped by the negligence of those that were appointed to garde him that nighte that hee made his escape, who fell asleepe, and soe hee stoale away which was contrarie to the directions of the said Beaversham, who when hee wente to bedd that nighte (as hee had done all the tyme that Rufreroe had been in his charge before) did give speciall comaunde to those watchmen in this respondent's heareing to looke carefully to him the said Rufreroe that hee might not escape.

    To the 8th hee saieth, That the said Rufreroe after his escape did write back a letter to the Englishe President at Zurratt, and therein (as this examinate hath heard) wrott that by the wyne that the master had drunke and the hard labor of the poore men hee did excuse theire negligence. And more to this interrogatory hee cannott aunswere.

    To the 9th hee aunswereth, That this respondent knoweth, That the Interrogate Rufreroe hath bin two voyages in the East Indyes out of Portugall, and did at his laste beeing in Spaine (as this respondent hath heard) receive the sacrament to surprise and take the Englishe shipps, and beate the Englishe from all trade in the Indyes, and more to this interrogatory hee cannott aunswere. 95

    To the 10th hee aunswereth, That the shipps before expressed were those that Captain Shillinge comaunded, and Captain Shillinge was slaine in the aforesaid assault made by Rufreroe.

    To the 11th he aunswereth, That Rufreroe and Beaversham dueringe the tyme interrogate seemed to bee very kinde the one to the other, but could not understande one the other but by interpretacion of some other, and never privately conferred togeather for ought hee knoweth or hath heard.

    To the laste hee saieth, That after the President at Zurratt had discharged the foresaid cavalleires of Rufreroe's traine there was continually a small friggott dryveinge upp with the flood and downe with the ebb within sighte of the Lyon, but out of shott of her, which (as this respondent since hath heard) had the said cavalleires in her, and staied to receive the said Rufreroe yf hee could escape.

    Thomas Wattes.

    5o Martii, 1623.
    Thomas Winterborne of London, haberdasher, aged 41 yeares or thereabouts, sworne and examined as aforesaid saieth and deposeth as followeth.

    To the firste and seconde articles hee saieth, That hee was at Kishmey Castle, in Persia, in January, 1621, in the Lyon, whereof hee was steward then and all the voyage, and whereof the articulate James Beaversham was comaunder, and then and dueringe all the voyage for ought this examinate ever sawe or heard, hee, the said Beaversham, behaved himself well and honestly, and did his ymployers good and honest service. And this hee saieth uppon his oath is true.

    To the thirde and fowerth articles hee saieth, That the articulate Rufreroe (as himself sayde, and as yt was generally spoken and received for truth amoungst the Englishe) did yeeld himself to the Englishe uppon condicion that all his souldiers except 5 or 6 should bee safely sett on shoare with bagg and baggage in Arabia. And 96 that hee himself and those 5 or 6 with him should bee carried to India, and there uppon their firste arrivall alsoe sett ashoare, and at libertye, and the said Beaversham, by the order of Captain Weddell, did carry the said Rufreroe in the Lyon from Kishmey to Surratt, and all that tyme the said Beaversham caused the said Rufreroe to bee kepte safely as a prisoner in the Roundhouse of the Lyon, and caused the doore thereof with barr to bee barred upp every nighte, and gave charge to his boatswaine and others to keepe a good guard uppon him, and within certeine dayes after his arrivall at Surratt the said Beaversham did presente the said Rufreroe to the articulate Mr. Rastell, the Englishe Presidente there. And this hee saieth uppon his oath hee knoweth to bee true beeinge steward of the Lyon as aforesaid, and otherwise to these articles hee cannott depose.

    To the 6th hee cannott depose.

    To the 7th hee saieth, That after their arrivall at Zurratt, and before Rufreroe escaped, the Presidente there sett at libertie two Portugall cavalleires of Rufreroe's traine, and brought as prisoners from Kismey by Beaversham. And this hee knoweth to bee true, beeing steward of the Lyon as aforesaid.

    To the 8th hee saieth, That Rufreroe, at his arrivall at Zurratt, did much complaine that hee had the fluxe, and in that respecte (as yt was generally said and beleeved in the Lyon) did make requeste to the foresaid Presidente that the Roundhouse doore mighte noe longer bee bard uppon him, and that hee mighte bee permitted to walke forward in the shippe as his occasion should urge him, and theruppon the Presidente gave order to Beaversham that hee, the said Rufreroe, should bee noe longer barred upp. And this hee saieth uppon his oath is true.

    To the 9th hee saieth, That the said Beaversham, after hee had order (as 'twas said) from the Presidente not to barr the said Rufreroe upp anie longer, did give expresse order and stricte comaunde to his boatswaine and the reste of his companie in their severall watches, to looke carefully to the said Rufreroe, that hee 97 might not escape, and to moore boate and skiffe asterne the shippe every night. And this hee saieth hee heard and knoweth to be true.

    To the 10th hee saieth, That hee was asleepe in the Lyon when Rufreroe escaped, and hath heard that Mr. Beaversham was alsoe then asleepe, and 'twas generally said in the shippe, that that night that Rufreroe escaped, Mr. Beaversham, before hee wente to sleepe, did finde faulte with the skiffe lyeinge moored nere the ladder, and comaunded the boatswaine to cause her to bee moored asterne the shippe.

    To the 11th hee saieth, That hee beleeveth in his conscience that the articulate Beaversham did noe wayes consente to the escape of the said Rufreroe, and was free from anie bribery or corruption therein.

    To the 12th hee saieth, That he knoweth that the articulate Beaversham soe soone as Rufreroe was miste caused his companie to pursue him. And hee hath heard that one of Rufreroe's companie in the escape was drowned, and he himself had like to have bin drowned.

    To the 13th he cann say nothinge.

    To the Companie's Interrogatories.

    To the firste hee saieth, That hee hath heard that Rufreroe was generall and chief comaunder of the Portingall sea forces in the East Indyes.

    To the 2nd hee cannott aunswere.

    To the 3rd hee saieth, That hee knoweth that the said Rufreroe with his forces did assault the shipps the London, the Harte, the Roebucke, and the Eagle, whereof Captaine Shillinge was Admirall and in that assault Captaine Shillinge and divers other of the Englishe were slaine.

    To the 4th and 5th hee cannott aunswere more then is contained in his former deposicions.

    To the 6th hee cannott aunswere. 98

    To the 7th hee cannott aunswere otherwise then is before contained in his deposicions.

    To the 8th hee saieth, That hee hath heard that Rufreroe after his escape did sende backe a letter to the Presidente of the effecte articulate.

    To the 9th hee cannott aunswere.

    To the 10th hee cannott aunswere otherwise then before.

    To the 11th hee saieth, That Rufreroe and Beaversham dueringe the time interrogate dyned and supped togeather, but understood not one the other without the interpretacion of some other.

    To the 12th hee saieth, That there was a boate that some tyme before Rufreroe's escape continually attended the Lyon uppon the tide of flood and ebb that after Rufreroe escape was suspected to watch for his escape.

    Tho. Winterborne.

    John Weddell of London, gent., sworne and examined as afore said, saieth and deposeth as followeth.

    To the 1, 2, 3 and 4th articles hee saieth, That this examinate was comaunder of the Jonas, and in her at Kismey Castle in Jauuary, 1621, and in that service, and all the tyme that hee was in this exaininate's companie this examinate never sawe but that the articulate James Beaversham behaved himself well and honestly, and meritted well at his ymployer's handes. And the articulate Rufreroe at Kishmey Castle did yeeld himself to the Englishe uppon these condicions, viz., That all his souldiers excepte himself and eleaven more should bee suffred to goe ashoare in their owne friggotts at Muscat, in Arabia, and with bagg and baggage, but not to returne for Ormous in sixe weekes, and that himself and those eleaven more should bee carried to India there to bee disposed of by the Presidente and Counsell of Zurratt, and that when hee had caused those Englishe captains at Goa, or ells where under the comaunde of the Portugalls, to be sett at libertye, he himself and 99 those eleaven more shoulde bee also sett at libertie, and havinge thus yeelded himself, this examinate beeing Admirall of the Fleete at Kismey, comitted him, the said Rufreroe, to the charge and keeping of the articulate James Beaversham to carrye him to Zurratt, and there to deliver him to the Presidente, and comaunded him to keepe a safe garde uppon him. And this hee saieth uppon his oath hee knoweth to bee true, beeing Admirall of the Fleete at Kismey aforesaid, and more to these articles he cannot depose.

    To the 8th hee saieth, That this examinate hath heard by manie of the ship the Lyon's companie that the Presidente of Zurratt did at the requeste of the said Rufreroe give order to the said Beaversham to use him, the said Rufreroe, kindlye, and to give him libertye to walke too and againe in the shipp, but to have a speciall care and to keepe a good watch that he might not escape, and this hee saieth is true, and more to this article hee cannott depose.

    To the 9th and 10th hee cannott depose of his knowledge, but hee hath heard that the said Beaversham after he had order from the President of Zurratt to give Rufreroe leave to walke aforesaid did give charge to his boatswaine and others of his companie to keepe a carefull watch uppon him, the said Rufreroe, that hee might not escape, and to moore boate and skiffe asterne as ys articulate, and that when Rufreroe escaped Beaversham was asleepe and not privy therto, and about two hours before his escape was uppon the shipp's decke, and findeinge the skiffe moored neere the ladder did finde faulte with yt and comaunded his boatswaine to cause her to be moored asterne the shippe as is articulate.

    To the 11th hee saieth, That he beleeveth in his conscience that the articulate Rufreroe escaped contrary to the will of the said Beaversham, and that hee was free from anie bribery or corruption therein.

    To the 12th hee saieth, That he hath heard that Beaversham soe soone as he miste the said Rufreroe sente his companie after him, who pursued him soe hard that he was faine to swym over the ryver of Zurratt, and had like to have bin drowned had not his 100 negroe helped him, and that one of his companie, which were but two besides himself, was drowned, and this hee heard at Ormous by the Arabian boates that came from Muscatt to fetche the sick and maimed persons from thence that sawe him there before they came from Muscatt.

    To the laste hee saieth, That hee beleeveth that Beaversham came honestly by and bought with his owne money and comoditye all such goods as hee brought home from India, and hee knoweth that Beaversham borrowed a Cli. in India, which he hath repaide againe in England.

    To the Companies Interrogatories.

    To the firste hee answereth, That hee knoweth That the interrogate Rufreroe was cheef Comaunder of the Portugall Sea forces in East Indias.

    To the 2 and 3 hee saieth, That hee hath heard by divers Portugalls that were his Prisoners That the interrogate Rufreroe was sente out of Spaine with Comission to surprize the Englishe shippes and to destroy and beate the Englishe away from all trade in the Indyes. And hee did three severall tymes in the Porte of Jasques aboute three yeares since assault the Englishe shippes the London, the Lyon, the Roebucke, and the Eagle, and at that assaulte Capt. Shillinge, the comaunder of that fleete, and others of the Englishe were slaine.

    To the 4th and 5th hee hath before aunswered.

    To the 6th hee saieth, That two of the Clergie of Ormouse came aboard this examinate at Kismey and offred him 4000 royalls of 8 for the libertye of the said Rufreroe, but Rufreroe himself sayde hee had noe money but that his meanes was at Ormous, and more to this interrogatory hee cannott aunswere.

    To the 7th hee cannot aunswere otherwise then before.

    To the 8th hee aunswereth, That the Presidente of Zurratt tolde this Examinate that Rufreroe after his escape wrott backe a letter to him to Zurratt from Damon, wherein hee intimated to him, 101 That the harde labor of the Lyon's men by day,. and the wyne at nights, gave him oportunitye to make an escape in hope to doe his Kinge better service, and more to this interrogatory hee cannott aunswere.

    To the 9th hee saieth, That hee hath heard the contents of this interrogatory to bee true.

    To the 10th hee hath before aunswered.

    To the 11th hee cannott aunswere.

    To the 12th hee saieth, That hee hath heard by the Lyon's men that a friggott or two attended the Lyon uppon the tide of flood and ebbe to receive Rufreroe yf hee should escape.

    Jo. Weddell.

    6o Martii, 1623.
    Henry Wheatley of London, merchant, sworne and examined as aforesaid, saieth and deposeth as followeth.

    To the firste and seconde articles hee saieth, That hee was in the Lyon (whereof hee was purser and the articulate James Beaversham comaunder) in January 1621 at Kismey Castle, and in that service and duringe the whole voyage the said Beaversham, for ought this examinate ever sawe or heard, did demeane and behave himself honestly and Well. And this hee saieth uppon his oath is true.

    To the thirde and 4th hee saieth, That hee was not privy to what conditions the said Rufreroe yeelded to the Englishe uppon, but heard that the condiccions were that all his souldiers excepte himselfe and halfe a dozen more should bee safely sett on shoare in Arabia with bagg and baggage, and those half dozen with him should bee carried to India and there hee and they should be sett at libertie at their first arrivall there, and hee knoweth That by the order of Capt. Blide and Capt. Weddell and the reste of the consultation the articulate Beaversham in the Lyon did carry the said Rufreroe from Kismey to Surratt, and all that tyme the said Beaversham kepte him in the roundhouse with the doore barred every nighte, and gave charge unto his mates to see a good guard 102 kepte uppon him. And this he saieth hee knoweth to bee true, who was purser of the Lyon all that voyage.

    To the 5th and 6th hee saieth, That within certaine dayes after their arrivall at Zurratt the articulate Mr. Rastall, the Englishe Presidente there, came aboard the Lyon, and there the said Beaversham presented the said Rufreroe to him the said Rastell, from Capt. Weddall. And this hee saieth uppon his oath hee knoweth to bee true, and more to these articles hee cannott depose.

    To the 7th hee saieth, That the said Presidente, within shorte tyme after the recite of the said letter, did release two Portugall Cavalleires of Rufreroe's traine, and brought by Beaversham prisoners from Kismey with a servant of theirs.

    To the 8th hee saieth, That at the requeste of the said Rufreroe hee complaineinge that hee had a looseness and paine in his belly, and that hee was almost stifled with heate, the roundhouse doore beeinge shutt uppon him, the said President in this examinates hearinge gave order to the said Beaversham not to keepe the doore anie longer barred uppon him, but to keepe a carefull watch uppon him, and to permitt him to walke free a lofte the shippe. And this hee saieth uppon his oath is most true.

    To the 9th hee saieth, That after the said Beaversham receaved order from the Presidente to suffer Rufreroe to have the libertie of the shippe as aforesaid, hee the said Beaversham to this examinates knowledge did give expresse charge and comaunde to his mates, boatswaine, and others of his companie in their severall watches to keepe a good guarde over the said Rufreroe that hee might not escape, because they rodd soe neere the shoare, and comaunded his boatswaine to moore boate and skiffe asterne the shippe every nighte. And this hee saieth uppon his oath is most true.

    To the 10th and 11th hee saieth, That hee knoweth that wher Rufreroe escaped Beaversham was in his cabin, and noe wayes privy to his escape, nor as he beleeveth in his conscience any wayes bribed or corrupted, and presently after Rufreroe had escaped this examinate heard the said Beaversham tell his boatswaine that hee 103 had not moored the boate asterne that nighte accordeinge to his order, but lett her lye bye by the shipp side under the galleryes, which Rufreroe perceivinge gott into the said boate and soe escaped, sayinge thus to his boatswaine (did not I finde faulte with you that you had not moored her astarne as shee used to bee two severall tymes, and you aunswered mee that you had done yt). And this hee saieth hee heard and knoweth to bee true.

    To the 12th hee saieth, That hee hath heard that Rufreroe had lyke to have bin drowned in his escape, and hee knoweth that Beaversham soe soone as hee mist him caused his companie to pursue him with all earnestness they coulde.

    To the 13th hee cannott depose, saveinge hee verily beleeveth that Beaversham came honestly by all such goods as hee brought home from India.

    To the Companies Interrogatories.

    To the firste hee hath before aunswered.

    To the 2nd and 3rd hee saieth, That hee hath credibly heard that the interrogate Rufreroe was sente out of Spaine with commission to surprize the Englishe shippes and to destroy and beate away the Englishe nation from all trade in the East Indies, and hee with his forces did assault Capt. Shillinges Fleete severall tymes, and in those assaults Capt. Shillinge and divers more of his company were slaine.

    To the 4 and 5 hee cannot aunswere otherwise then before.

    To the 6 hee cannot aunswere.

    To the 7th hee cannott answere otherwise then before.

    To the 8th hee saieth, That hee knoweth that the said Rufreroe after his escape wrott backe a letter to the foresaid Presidente signefieinge to him that by the overworckeinge of some and over drinckeinge of others hee had gotten opportunity to escape, and that letter this exanimate hath seene.

    To the 9th hee cannot aunswere, saveinge hee hath heard that 104 the interrogate Rufreroe at his laste beinge in Spaine did receive the sacrament to surprize and take the Englishe, and to expulse and beate away the Englishe from all trade in the Indyes.

    To the 10th hee hath before aunswered.

    To the 11th hee saieth, That Mr. Beaversham and Rufreroe could not privately conferr togeather, because they understood not one the other, but were kinde one to the other and eate and drancke togeather.

    To the 12th hee saieth, That there were some boates that continually attended the Lyon, and did hange of and on as yt was supposed to receive Rufreroe yf hee could escape, which boates as they since understood were procured by the two prisoners that the President had formerly released as aforesaid.

    Henry Wheteley.

    6o Martii, 1623.
    Richard Blyth, of Gravesend, in the county of Kente, gent., sworne and examined as aforesaid, saieth and deposeth as followeth.

    To the firste and seconde articles hee saieth, That hee was at Kishmey Castle in January 1624 beeinge comaunder of two shippes there, and the articulate James Beaversham in that service, and all the tyme hee was with this examinate did demeane and behave himself very well and honestly, and in such sorte as hee deserved well at his ymployers handes. And this hee saieth uppon his oath is most true.

    To the thirde hee saieth, That this examinate was not privy to the condicons that Rufreroe yeelded himself to the Englishe uppon, but heard by Capt. Weddell and others that the condicons were, That all Rufreroes souldiers excepte himself and half a dozen more with bagg and baggage should bee safely sett ashoare in Arabia, and hee and those half dozen should be carried to India and there sett at libertye at the pleasure of the Presidente, haveinge firste performed his promise, which was to sett at libertye some of the 105 Englishe which were in captivitye under the Portugals. And this hee saieth is true, and more to this article he cannott depose.

    To the 5, 6, 7, 3 and 9 articles hee cannott depose any thinge of his certeine knowledge, but hath heard generally, That the articulate Beaversham did safely carry the articulate Rufreroe in the Lyon from Kismey to Surratt; and all that tyme kepte him in the roundhouse with the doore barred every nighte, and gave charge to his boatswaine and others of his companie to keepe a stricte guarde uppon him, and that at Surratt the said Beaversham presented the said Rufreroe to the Englishe Presidente there, and Rufreroe delivered a letter from Capt. Weddell to the said Presidente, and that uppon the receite of that letter the Presidente would have sett the said Rufreroe at libertye, and Beaversham did diswade him from yt least Rufreroe should gather some forces and goe against the Englishe at Ormous, and that after the receite of that letter the Presidente did sett at libertie two cavalleires of Rufreroes traine, and that Rufreroe had the fluxe, and in that respecte uppon his requeste to the Presidente hee the said Presidente gave order to the said Beaversham to lett the said Rufreroe have the libertye of the shippe, and that hereuppon Beaversham gave order to his companie to keepe a good guard uppon him the said Rufreroe, and to moore boate and skiffe asterne the shippe that hee might not escape, as ys articulate. And this hee saieth uppon his oath is most true.

    To the 10, 11, 12 and 13th hee cannott depose of his certeine knowledge, but hath heard generally that the contents of these articles are true, and beleeveth in his conscience that Mr. Beaversham was ignorant of the escape of the said Rufreroe, and free from any bribery or corruption therein, and that hee came honestly by those goods that hee brought home from India, and knoweth that hee borrowed some money there.

    To the Companie's Interrogatoryes.

    To the firste hee saieth, That Rufreroe was chiefe comaunder of Portugall sea forces in India. 106

    To the seconde and thirde hee saieth, That he hath heard that the said Rufreroe was sente out of Spaine with comission to surprize the Englishe shippes, and to destroy and beate away the Englishe nation from trade in the Indyes, and had received the sacrament in Spaine to performe the same, and hee knoweth that the said Rufreroe in the yeare 1620 twice assaulted the Harte and the Eagle which this examinate comaunded, and afterwards assaulted them againe, being joyned with the London and the Roebucke, Capt. Shillinge beeing Admirall, and in that assaulte Capt. Shillinge and divers others were slaine.

    To the 4 and 5th hee cannott aunswere otherwise then before.

    To the 6th hee hath heard that Rufreroe offered 2000 dollers to Capt. Weddell for his release, and otherwise to this interrogatory hee cannott aunswere.

    To the 7th hee cannott answere otherwise then before.

    To the 8th hee saieth, That hee hath heard that Rufreroe after his escape wrott backe a letter to the Presidente at Zurratt, that by the harde labor of the men with the strength of their wyne hee had gotten opportunitie to escape.

    To the 9th hee cannott aunswere otherwise then before.

    To the 10th hee cannott aunswere otherwise then before.

    To the 11th hee cannott aunswere.

    To the laste hee cannott aunswere.

    Ri. Blyth.

    6o Martii, 1623.
    Robert Smith of London, mercer, sworne and examined as aforesaid, saieth and deposeth as followeth.

    To the firste interrogatory hee saieth, That he hath heard that the interogate Rufreroe was generall and chiefe comaunder of the Portugall sea forces in the East Indyes.

    To the seconde and 3d, That hee hath heard that the interrogate Rufreroe was sente out of Spaine with commission to surprize the Englishe shippes and to destroye the Englishe, and beate them 107 from all trade in the East Indyes, and that hee, the said Rufreroe, and his forces, in the year 1621, at Jasques, did firste assaulte the Harte and the Eagle, and afterwards the London, the Harte, the Roebucke, and the Eagle, they beeinge then joyned togeather, and Capt. Shillinge comaundinge them, and in that laste assault the said Captain Shillinge and divers others of the Englishe were slaine, and this hee heard in the East Indyes, beeing purser of the Jonas.

    To the fowerth hee saieth, That hee. knoweth that the interrogate Rufreroe, at the takeinge of the castle of Kismey did yeeld himselfe a prisoner to the Englishe (as 'twas said uppon composition), but what that composition was hee neither knoweth nor hath heard any certeintye thereof. And this hee saieth is true of his knowledge, who was in the Jonas at the takeinge of the said Castle.

    To the 5th hee saieth, That hee knoweth that the said Rufreroe was comited by Capt. Weddell to the custodye of the interrogate Mr. Beaversham to bee carried by him from Kismey to Surratt, and there deliver to the Presidente to bee disposed of as the Presidente and his Counsell should thinck fitt, and (as he hath heard) the said Capt. Weddell gave Beaversham charge to keepe the said Rufreroe safe, and more to this interrogatory he cannot aunswere.

    To the 6th hee saieth, That hee hath heard Capt. Weddell say that the value of 800li. sterl. was offred to him by Rufreroe and his friends to sett the said Rufreroe at libertye, and more to this interrogatory he cannott aunswere.

    To the 7th hee can say nothinge of his knowledge, but hath heard that there was some negligence in the said Beaversham in not keepinge the said Rufreroe in his cabon, and suffringe the skiffe to lye by the shippes' side that should have been moored asterne.

    To the 8th hee saieth, That he heard the Presidente of Surratt say that Rufreroe, after he escaped, wrott backe a letter to him, signefieinge that by the over laboureinge of the men in the day and their over drinckeinge in the night, hee had escaped to doe his 108 King and countrye better service, and more to this interrogatory hee cannot aunswere.

    To the 9th hee saieth, That hee hath heard that the interrogate Rufreroe hath bin two voyages from Spaine in the East Indyes, and before hee went out of Spaine the laste voyage did receive the sacrament to surprize and take the Englishe shippes, and to beate them from all trade in the Indies, and at Mossambique, in his passage from Spaine to the Indies, did make proclamacon to the effecte interrogate, and theruppon 4 or 5 hundred men more then hee brought out of Spaine with him uppon that occasion ingaged themselves to serve, and did serve, in the warres against the Englishe. And this he saieth is true.

    To the 10th hee cannot aunswere otherwise then before.

    To the 11th hee cannott aunswere.

    To the 12th hee saieth, That hee hath heard that a boate did continually attende uppon the Lyon uppon the flood and ebb for two or three dayes before Rufreroe escaped (as yt is supposed) to receive him yf hee could escape.

    Robt. Smyth.

    8o Martii, 1623.
    John Grante, of Wappinge, in the county of Middlesex, marriner, and 26 yeares or therabouts, sworne and examined as aforesaid, saieth and deposeth as followeth.

    To the 1 and 2d articles hee saieth and deposeth uppon his oath, That hee was in the shippe the Lyon (whereof hee was then master's mate, and the articulate James Beaversham, commaunder) at Kismey Castle in January, 1621, and in that service and dueringe the whole voyage for ought this examinate ever sawe or hath heard, the said Beaversham did demeane himselfe well and honestly and deserved well of his ymployers And this hee saieth uppon his oath is true.

    To the thirde hee cannot depose of his certeine knowledge, but yt was generally said amongst the Englishe that the articulate 109 Rufreroe did yeeld himself to the Englishe uppon the condicons articulate.

    To the fowerth and 5th hee saieth, That the articulate Beaversham in the Lyon, where hee commaunded by the order of Capt. Weddell, did carry the said Rufreroe from Kismey to Surratt, and all that tyme in the nighte kepte him in the roundhouse with the doore shutt uppon him, and caused a barre to be made for the doore, and gave charge to his boatswaine and others to keepe a good guard uppon him, and at Zurratt the articulate Mr. Rastell, the Englishe Presidente there, came aboard the Lyon, and there the said Beaversham presented the said Rufreroe to him, the said Presidente, and then Rufreroe (as this examinate hath heard) delivered a letter from the said Capt. Weddell to the said Rastell, the Presidente. And this hee saieth uppon his oath is true, geveinge a reason of his knowledge for that hee was all this tyme master's mate of the Lyon as aforesaid.

    To the 6th and 7th articles he saieth, That in his heareing the articulate Beaversham, when the Presidente came firste aboard the Lyon at Zurratt, did tell the said Presidente, that yf he should sett the said Rufreroe at libertye questionles, .hee would gather some forces togeather and attempte some mischief uppon the Englishe. And hee knoweth that before Rufreroe escaped the said President did sett at libertye two Portugall cavalleires of Rufreroe's traine, and brought by Beaversham prisoners from Kismey to Zurratt. And this hee saieth uppon his oath is most true, and more to these articles hee cannott depose.

    To the 8th and 9th hee saieth, That hee hath heard That the said Rufreroe did make requeste to the Presidente to have the libertye of the shippe, and hee knoweth that the said Rastell the Presidente did write a letter to the articulate Beaversham, and therin willed him to use the said Rufreroe kindly and to suffer him to walke freely two and againe in the shipp, but to keepe a good guarde uppon him, and that letter this examinate hath seene and reade, and the said Beaversham both before and after hee received 110 the said letter did give stricte order and comaund to his boatswaine and the reste of his companie in their severall watches to looke narrowly to the said Rufreroe that hee might not escape, and to see that the boate and skiffe should bee moored asterne the shippe every night as ys articulate. And this hee knoweth to bee true, beeing masters mate of the Lyon as aforesaid. And more to these articles hee cannot depose.

    To the 10, 11, and 12th articles hee cannot depose of his certeine knowledge, beeinge ashoare at the tyme that Rufreroe escaped, but hath heard that the contents therof are true, and verily beleeveth in his conscience that the said Rufreroe escaped contrary to the will and without the consente of the said Beaversham, and that the said Beaversham is free from any bribery, corruption, willfulnes, or faulte in the escape of the said Rufreroe.

    To the laste hee saieth, That hee verily beleeveth that the said Beaversham, with his owne money and comoditye, bought and came honestly by all such goods as hee brought home from India, and hee knoweth that the said Beaversham in the Indyes did borrowe a hundred poundes of Capt. Weddell, and this hee saieth is true.

    To the Companies Interrogatoryes.

    To the 1, 2, and thirde interrogatoryes hee sayeth, That hee hath heard that the interrogate Rufreroe was generall and chiefe comaunder of the Portugall sea forces for the coaste of Persia, and that the said Rufreroe was sente out of Spaine with comission to surprize the Englishe shippes and to destroy and beate away the Englishe nation from trade in the Indyes, and did receave the sacrament to doe the same before hee wente out of Spaine, and hee knoweth that the said Rufreroe, with his forces at Jasques in the yeare 1620 (as he remembreth) did assaulte the Englishe shippes the London, the Harte, the Roebucke, and the Eagle, Capt. Shillinge beeinge Admirall of them, and in that assaulte Capt. Shillinge and divers others of the Euglishe were slaine.

    To the 4 and 5th interrogatoryes hee cannot aunswere more then is contained in his former depositions. 111

    To the 6 and 7th interrogatoryes he cannott aunswere more then hee hath before deposed.

    To the 8th interrogatory hee aunswereth, That hee hath heard that the said Rufreroe, after hee escaped, wrott backe a letter to the President, That what with the muche worke of some, and muche drincke of others, hee had gotten oportunitye to escape.

    To the 9 and 10th interrogatoryes hee cannott aunswere more then before.

    To the 11th hee saieth, That the said Beaversham and Rufreroe did not understande one the other but by interpretacon, and were not very familiar more then at meales.

    To the laste hee saieth, That there was a small boate lay uppon the tide of flood and ebb about a sacre shott and more from the Lyon for some tyme before Rufreroe escaped, which after Rufreroe escaped was supposed to lye there to receive him when hee should escape.

    Jno. Graunt.


  6. Proceedings in the Court of Admiralty.

    [Admiralty Court, Book of Acts, clviii. fol. 204.]

    1623/4, March 10.
    Serenissimus Dominus Rex et Dominus Magnus Admirallus Angliæ contra quindecem mille libras Regalis monetæ Angliæ per Johannem Weddell, Richardum Blith aliosque eorum socios et complices prope Ormous intra jurisdiccionem Admirallitatis Angliæ captas et in manibus Thesaurarorum Societatis mercatorum comercium in partibus India Orientalis exercentium existentes.     

    Die Mercurii decimo die mensis Martii Anno Domini 1623, stilo Angliæ coram Domino Henrico Marten milite Legumque Doctore, Judice, &c., in edibus suisj &c.

    Presente me Thomas Wyan, Notario Publico, &c.,comparavit venerabilis vir Thomas Ryves, Legum

    Doctor, serenissimi Domini nostri Regis et etiam honorendi viri Domini Magni Admiralli Angliae Advocatus, et allegavit constare 112 ex quibusdam examinacionibus coram dicto Domino Judice captis, et penes Registrum hujus Curiæ remanentibus, summam quindecim mille librarum sterlingarum et ultra in pecuniis numerates per Capitaneos Richardum Blith, Johannem Weddell aliosque eorum complices super alto mari prope oppidum de Ormous, et in aliis partibus infra jurisdiccionem Admirallitatis Angliæ piratice captam, ad manus et possessionem Thesaurarorium Societatis mercatorum Anglorum comertium in partibus Indiæ Orientalis exercentium pervenisse, et in eorum manibus existere. Quare petiit easdem pecunias vigore warranti hujus Curiæ attachiandas, et dictos Thesaurarios, in quorum manibus dicta pecuniarum summa remanent, monendas fore ad comparendam coram dicte Domino Judice apud Pretorium in Burgo de Southwarke die Mercurii proximo[12] inter horas secundam et quartam a meridie ejusdam diei dictam summam quindecim mille librarum penes Registrum hujus Curiæ depositarum, quod Dominus ad ejus peticionem decrevit.


  7. Court Minutes of the East India Company.

    [Court Minute Book, vi. 454.]

    1623/4, March 13. There was ommitted a dispatch concerning the Lord Admirall, but is to be seene .


  8. Notes of Proceedings in the Court of Admiralty.

    [S. P. East Indies, ii. 83. Nicholas's Notes.]

    1623/4, March 16.

    16o Martii, 1623.—Serjaunt of the Admiralty in the East Ind: Court[13] procured in his Majestys name and his use an attachment of 15,000li. for goods taken piratically by the Company. 113


  9. Court Minutes of the East India Company.

    [Court Minute Book, vi, 460.]

    1623/4, March 17.

    Mr. Deputy declared to the Court that he was to moove them in a private busines neerely concerning the Company, and which will light heavy uppon them, but the greater parts understanding well what was ment did adveise rather to call some of the generality of the greatest adventurers unto Mr. Deputy and committees, and to treate privately of that busines, the publishing whereof might much wrong the Company.


  10. Proceedings of the Court of Admiralty.

    [P. R. O. Admiralty Court, Act Book, 158.]

     
        *  *  *  *  *  *  * 
    

    1623/4, March 17. Quo die Mercurii decimo septimo, vizt die mensis Martii predicto, horis et loco assignatis, coram dicto Domino Judice, presente me Willelmo Hareward Registrario &c. comparuit Dominus Doctor Ryves Advocatus dicti Domini nostri Regis et Domini Magni Admiralli Angliæ predicti et introduxit mandatum originale cum cer[tificatori]o in dorso ejusdem super cujus executione Johannes Peckstall hujus Curiæ Marescallus fidem fecit, et allegavit dictam summam quindecim mille librarum in dicto mandato jam introducto mentionatam, arrestatam et attachiatam fuisse et esse, prout in certificatorio ejusdem mandati continetur, ac magistrum Stone unum Thesaurariorum Societatis predictæ aliosque ejusdem Societatis Officiarios monitos fuisse ad introducendam dictam summam quindecim mille librarum istis die, horis, et loco juxta tenorem dicti cer[tificato]rii introducti, et (facta preconizatione dicti Stone et omnium aliorum jus, titulum sive interesse in pecuniarum summam predictam habentium sen habere pretendentium eisque nee eorum quolibet comparent[ibus],) dictus Dominus Ryves accusavit eorum contumacias et petiit eos pronunciari contumaces et in penam, &c., arrestandos et detinendos fore decerni donee dictam summam quindecem mille librarum 114 juxta tenorem dicti mandati in eos (ut prefertur) executi in Registrum hujus Curiæ introducant. In presentia W[illia]mson excusatorie nomine dictæ societatis petentis dictam societatem et dictum Stone expectandos fore in aliquod tempus competens per Dominum assignandum; unde Dominus pronunciavit dictum Stone, et omnes alios in hac parte citatos preconizatos et non comparentes contumaces, sed ex gratia reservavit eorum peccas in diem Veneris proximam[14] inter horas prædictas et con[tinuavi]t cer[tificatoriu]m mandati predicti in eundem diem inter easdem horas. Quo die Veneris decimo nono, vizt. die mensis Martii predicti, horis et loco assignatis, coram dicto Domino Judice presente me Registrario (facta preconizacione) comparuerunt Will[elm]us Stone, unas Thesaurariorum dictæ societatis, Anthonius Abdey, Humphridus Browne, et Thomas Bonnist, Officiarii ejusdem societatis; and alleadged that their governour is lately dead and yesterday was buried, and uppon Tuesday nexte[15] they have appointed a courte for the elleccion of a new governour, and that untill they have another governour appointed they are not able to call a courte or resolve any thinge touchinge this busines; wherefore they desiered to bee respitted untill some conveniente tyme after Tuesday nexte. In presentia dicti Domini Eyves acceptantis gesta predicta quatenus faciant pro parte sua, et quatenus contra, &c., dissentientis, &c., et petentis dictum Stone Theosaurarirum committi custodiæ Marescalli donec dictam summam quindeceni mille librarum in Registrum hujus Curiæ introducant. Unde Dominus duxit ad ulterius deliberandum in hac causa die Mercurii proximo[16] in Cenaculo Dominorum Advocatorum, &c., inter horas secundam et quintam a meridie ejusdem diei, et casu quo aliquod tune non decernat ass[isti]t ad ulterius procedendum in hac causa proximo [termino]. 115


  11. Notes of Proceedings in the Court of Admiralty

    [S. P. East Indies, ii. 83. Notes by Nicholas of Proceedings in the Admiralty Court.]

    1623/4, March 18.

    18 Martii 1623. Sir H Martin about Xmas past findeth on examinacion of the Masters of shipps that the Comp. hath taken in vallue 100,000li. in severall partes of the Indies (fol. 14). The Dutch in such cases give 5 per cent, to the States, and as much to the Prince of Orenge. The Lo: Admirall protests the Companies shipps shall not goe except they compound with him; but would make noe demaund till he had spoken with the King. The King protested the late Governor promised him 10,000li., but the deputy protested he never understood of any such offer (fol. 15). The King called the Company piratts, and said he would question them for his rights, which he did in the Admiralty, and the serjaunt had arrested the Company uppon an accion of 15,000li. att his Majestys suyte. The King would not propound a lesse somme then 10,000li. (fol. 16). The Court is unwilling to try any thing with the King in point of lawe, and therefore besought my Lo: Admirall to mediat for them to his Majestie, which his Lordship promised to doe (fol. 17). The King being attended another tyme tould the Committee that the Company promised him 1000li. att Royston for the busines of Ormouz, and to the Lo: Admirall 20,000li. more (fol. 17). When the Deputy tould his Majestie that the late Governor might perhapps speake something in generall words on the expectacion and rumour of some great matters taken att Ormouz, but that he spake nothing to binde the Company, the King said he was noe tyrant King. He allowes his subjects the benefitt of lawe, and would have it soe tryed. My Lord, being requested by the Company, refuseth to release the shipps till the parliament were moved (fol. 18). That in the treaty with the Dutch the King challenged the more, because (his Majestie said) the Duke should have nothing. But the Duke was very round with the Governor att Whitehall, expostulating his being neglected by the Company; when the Governor lett fall words that might give expectacion from the busines att Ormouz, and his Lordship was 116 entreated to stay till their shipps came (fol. 19). The King said to the Committee: Did I deliver you from the complaint of the Spaniard, and doe you returne me nothing (fol. 19). The King said that if it had bene followed all the Company brought home in their best shipps had belonged to the Lo: Admirall (fol. 20). The King's Advocatt moved in the Admiralty Court that the Threr of the East India Company might be comitted, because he brought not the 15,000li. attached for the King; but the Judge in favour gives a further day. After this report it was ordered that 5000li. shalbe offred, and if that content not to be moved again (fol. 21).

    [Nicholas's Notes.]

    1624, March 22. 22 Martii 1623. It is prooved that there was 100,000li. taken in the Indies, and the King demaunds 10,000li. for himself and as much for my Lo: Admirall (fol. 21). Nothing is demaunded but for what hath bene taken besides trade. The King proposeth it thus, that the 100,000li. vallue is taken justly or unjustly; if unjustly all is lost, if justly yet they must pay a tenth; and the King declared that he would not suffer the Lo: Admirall to compounde, and dislikes the Companie should fall uppon the Chenoises. The King will not aunswere their suyte for release of their shipps, but sends them to the Lo: Admirall> who promiseth to move the Parliament for them (fol. 22 and 23). My Lo: Admirall stoode on it that great promises were made, and (the Deputy sayes) gave faire words, but withall gave orders to arrest the Company (fol. 23).

    It was observed that the shipps staid uppon pretence of State may be released for monny. Uppon debate it was resolved that 10,000li. should be offred for the King to shutt upp all businesses (fol. 24).

    [Nicholas's Notes.]

    1624, March 23. 23o Martii 1623. The King insists on 10,000li.[17] for himself, and as much for the Lo: Admirall, because the Company had taken 117 100,000li. And the 10,000li. offered for the King gives noe content to his Majestie , who sends the Company to the Lo: Admirall. The Company, debating what to doe, it was said they finde the King and the Duke very stiffe (fol. 24 and 25). It is affermed that an end must be made with the King and Duke before the shipps wilbe released. It is att length ordered to peticion that the 10,000li. might be accepted; if it would not, then to conclude in the best manner that might, before it was resolved the Company would not contest with the King.

    It is expressed on a marginall note that att the humble sute of the Company their shipps had leave to departe the 23rd of March 1623.


  12. Court Minutes of the East India Company.

    [Court Minutes, vi. 466.]

    1624, March 26. Mr. Governour reported that himself, with the rest that had bene named and desired to attend the King, had offered themselves, and could not come to a full speech with him concerning the somme of money required, but his Majesty is pleased to give way that the Companies shippes may departe, whereuppon Mr. Governour said that he had sent away an expresse to the Downes, wherein he had given some touch of the occasion of their stay. He said that the messenger, Thomas Chancy, made good hast, but Mr. Kerridge, the man extraordinarily trusted, notwithstanding his promise to make like speed, is very slowe, and staid one whole day in London.

    [Court Minutes, vi. 471.]

    1624, April 2. Mr. Governor reported to the Court that himself, accompanied with Mr. Deputy, Mr. Westroe, and Mr. Bell had attended his Majestie concerning the demaund for goods taken in the Indies, where at the first, having laid open the necessity of the Company, and humbly praying a mitigation of the demaund of 20,000li. They made offer of 10,000li., as had bene agreed at a meeteing of the 118 Company; the rest of this dispute was for some speciall reason omitted, but remaynes to be seen in the originall, etc.


  13. Notes of Proceedings in the Court of Admiralty.

    [S. P. East Indies, ii. 83. Nicholas's Notes.]

    1624, April 2. The King and Lord Admirall tooke it ill that the Company peticioned to have 10,000li. accepted, the King building on a promise made to him and the Duke on his right of tenthes; and the Governor and Company were dismissed with noe countenance from his Majestie or the Duke.

    April 3. The next day the King sent for the Company, and propounded to them to give now 15,000li., and 5000li. att the returne of the fleete from Zuratt, and promised the Company what grace and favour they would. The Governor, having the time of payment appointed to him, maketh noe denyall, but prayed he might acquaint the Company therewith.


  14. Court Minutes of the East India Company.

    [Court Minutes, vi, 475.]

    1624, April 7. Mr. Governour acquainted the Court what monies they are to pay to his Majestie and to the Lord Admirall; in the whole the summe of 20,000li., which, being a greate somme, he desired the Courte to consider what discharge it wilbe fitt the Company require for the same. The Court thought fitt that some principall men, both Common Lawyers and Civillians, be consulted withall concerning that discharge. It was conceived that Sir John Waulter wilbe a very fitt man to be used in the busines, and accordingly it was resolved to entreate his paines therein, and that he wilbe pleased to call unto him some other lawyers of his owne choice, and that Mr. Stone shalbe entreated to attend him as beeing of counsell with the Company; and it was presumed that such Civillians as they shall have cause to use wilbe entreated to repaire unto Sir John 119 Waulter's chamber in the Temple. And for a foundacion to this worke it was remembred that it hath pleased the King to promise that the Company shall have any discharge they will advise, but first to consult with lawyers and to frame their requests accordingly.

    [Court Minutes, vi. 485.]

    1624, April 14. Mr. Governor having understood that neither Sir John Waulter and Mr. Noy for the Councell at Common Lawe, nor Doctor Duck and Doctor Zouch could as yet be procured to meete concerning the Companies discharg from his Majesty and the Lord Admirall, and to consider what may be required of the Company, partly to strengthen their pattent concerning goodes taken or to be taken in the Indies, and finding that the principall cause of their not meeting growes from their continuall attendance in Parliament; it was propounded to hasten their meeting, and the rather for the time runnes on, and his Majesties occasions will require the rest of the monney. It was therefore desired by the Courte that those Committees that had allready dealt in the business would presse the lawyers to a speedy meeteing that the time overtake them not.

    Mr. Governor said that he hath bene earnestly pressed to pay 1000li. more[18] to Mr. Allen Apsley for the provision of victuall now presently required for his Majesties shipps to be sett out, which he wished might be paid to furnish that occasion, but no more untill all were agreed and perfected, whereto the Court gave consent and ordered that Mr. Threor shall pay it accordingly.

    [Court Minutes, vi. 501.]

    April 28. Mr. Governour acquainted the Court that he hath bene tyred with solicitacions for the 4000li. residue of the 10,000li. to the Lord Admirall. He said he had bene with others of the Committees on Munday last to attend the Lord Admirall but he was gone to the 120 King, but Mr. Alesbury hath brought a proxy for a full discharge to the Company. Allso order is taken that the Company shall have a sentence under seale for their discharge, and all shalbe done att afternoone by a proxy authentike. It was therefore moved that considering this reall forwardnes in the Duke some parte of the 4000li. might be paid in. The Courte was contented 1000li. more shalbe paid when it is called for, and Mr. Deputy, Mr. Bell, Mr. Styles, and Mr. Abdy were entreated to be at the Courte of Admiralty at afternoone to see that all thinges passe freely; for the Company and the release to be signed by the Lord Admirall beeing ready engrossed was read, and allowed by the Court.

    For the 10,000li. to the King, it was conceyved it wilbe called for and the Company pressed to payment, but the resolucion was to pay onely 5000li., as had bene promised and accepted, and thother 5000li.in his due tyme; and in the meane season uppon the payment of the first 5000li. to advise what discharge wilbe fitt for the Company from his Ma ty , wherein it was said that some had advised with Counsell, and do find the King may discharge the Company against the Spaniard by way of covenant, but not otherwise.


  15. Proceedings of the Court of Admiralty.

    [P. R. O. Admiralty Court, Act Book, 158.]

    1624, April 28. Postea die Mercurii vicesimo octavo die mensis Aprilis, Anno Domino 1624, coram Domino Judice in camerâ suâ infra collegium Dominorum Advocatorum, etc., presente me Will[el]mo Hareward, dictæ curiæ Registrario, comparuit Williamson et exhibuit procuratorium unum pro gubernatore et societate mercatorum Anglorum commentium in partibus Indiæ Orientalæ exercentium et fecit se partem pro eisdem, in presentiâ Wyan exhibentis procuratorium speciale pro prenobile et honorando viro Georgio Duce Buckingham, Domino Magno Admirallo Anglæ sub ejus manu et sigillo gerens datum vicesimo septimo die mensis Aprilis, cujus verus tenor de verbo in verbum sequitur, vizt. Whereas there have beene 121 heretofore divers shippes, goodes, monies, wares, and marchandizes of greate value surprized, seized and taken in the partes of Asia and Affrica by the shippes, captaines, officers, ministers, and servaunts of the Companie of Englishe merchants tradinge to East India; in regard whereof I, George Duke and Marquis of Bucks, Lord Highe Admirall of England, conceave my selfe to bee interessed in some good parte or portion therof in righte and by vertue of my said office of Lord Admirall; and wheras uppon the tenthe day of March last past there was and is an action commenced in the Courte of Admiraltie in the name of his Majestie and my self (as Admirall) against the said Company, for goods taken as aforesaid, in fifteene thousande poundes, with intencion and purpose afterwardes to sue and prosecute them for more sommes uppon the pretenses and interests aforesaide. These are now to authorize, will, and require you for mee and in my name, and as my procter to appeare before the Judge of the Admiraltie, and to acknowledge and confesse that I have received of the Governour and Companie of Englishe merchants aforesaid the some of ten thousand poundes lawfull money of England in full satisfaction as well of all such parte or portion as I, the said Lord Admirall, may or might claime or pretend as well to or in the said summe of fifteene thousand poundes, as alsoe to all or any other shippes, goodes, monies, wares, and merchandizes surprized, seized and taken by any the shippes, captaines, officers, ministers, and servants of the said Companie in any the partes aforesaid since the tyme of my comeinge to the office of Lord Admirall aforesaid unto the day of the date of these presents. And moreover to consente that the said Governour and Companie and their captaines, officers, ministers, and servaunts and every of them, bee in forme of lawe in the said Courte of Admiralty released, acquited, and absolutely dischardged of and from any parte, righte, title, and interest of, in, and to the said shippes, monies, goodes, wares and marchandizes, or any parte or parcell therof, in such sorte as shalbee by the Councell learned in lawe of the said Governour and Companie reasonably advised or devised; and for your soe doinge this shalbee your 122 sufficient warrant. Geven under my hand and seale at armes the seaven and twentieth day of Aprill Anno Domini 1624. G. Buckingham. Directed to Sir Richard Wyan, my Procurator in the Courte of Admiraltye. Ac tune Williamson nomine procuratorio quo supra allegavit decimo die mensis Martii ultimo præterito litem seu actionem fuisse et esse intentatam in hac Curiâ nomine serenissimi Domini Jacobi Dei gratia Angliæ, Scotiæ, Fraunciæ, et Hiberniæ Regis, &c., et nomine Georgii Ducis et Admiralli antedicti, contra dictum gubernatorem et societatem pro diversis navibus pecuniis bonis et mercibus ad valorem quindecem mille librarum captis et ablatis in partibus Asiæ et Africæ par naves capitaneos, officiarios, ministros, et inservitores gubernatoris et societatis predicti, et porro antea et citra diem predicundum in hac civitate London et in aliis locis vicinis dicundis, enuntiatum declaratum et propalatum ex parte et per partem dictam Domini Magni Admiralli antidicti eundem D. Admirallum intentaturum et prosecuturum diversus alias actiones pro diversis alii bonis et navibus magni valoris captis seizitis et subactis in partibus predictis per partes predictas citra tempus officii Admiralli Angliæ, &c, collati in se a Domino Rege predicto, usque ad hanc diem. Et insuper dictus Williamson allegavit dominos suos citra dictum diem decimum Martii et intentacionem litis predictæ ad satisfaciendum Domino Admirallo predicto pro omni jure titulo et interesse suis in dictis navibus bonis mercibus in dicta lite sive actione comprehensis et quibuscumque aliis navibus bonis et mercibus in partibus Asiæ et Affricae per totum tempus predictum modo quo supra prefertur et pretenditur captis seizitis et subactis, aut in quacunque parte sive portione navium bonorum pecuniarum et mercium predictarum realiter obtulisse dicto Domino Admirallo summam decem mille librarum legalis monetæ Angliæ, dictumque Dominum Admirallum in plena satisfaccione pro quocunque jure, titulo et interesse suis in dictis bonis navibus et mercibus aut qualibet earum parte aut quibuscumque aliis navibus mercibus et bonis per totum tempus predictum in partibus Asiæ et Africæ captis seizitis et subactis per 123 dominos suos eorumque naves, capitaneos, officiarios, ministros, et servos, eandem summam recepesse et acceptasse. Ideoque Williamson petiit dominos suos demitti, relaxavi et acquietari a lite predicta et ab omni ulteriore lite, prosecutione et impeticione per dictum dominum Magnum Admirallum intentatum et motum seu intentandum et movendum, seu qua per dictum Dominum Admirallum intentari seu moveri potuerint aut poterint contra dominos suos eorumve naves, capitaneos, officiarios, ministros, aut servos quoscunque pro quacunque parte jure, titulo sive interesse suis in navibus, bonis et mercibus per totum tempus predictum modo quo supra pretenditur captis seizitis et ablatis. In presentia Wyan juxta dictum suum procuratorium et vigore ejusdem fatentis et agnoscentis dictum Dominum Admirallum, dominum suum a Gubernatore et societate mercatorum predictorum, summam decem mille librarum legalis monetæ Angliæ in plenam satisfaccionem et solucionem cujuscunque partis vel portionis sive interesse ejusdem Domini Admiralli tam in dictam summam quindecem mille librarum (pro quâ lis in dictâ Curiâ Admiralitatis uti superius allegatur intentatur) quam quarumcunque aliarum navium, bonorum, pecuniarum, summarum rerum, et merchandizarum subactarum seizitarum et captarum in aliquibus partibus Asiæ et Affricæ predictis per aliquas naves, Capitaneos, Officiarios, Ministros sive inservitores eocietatis mercatorum predictorum; a tempore collationis Officii Magni Admiralli in eundem dominum suum usque ad et in originum septimum diem mensis Aprilis jam terminantis Anni Domini 1624. Et preterea Wyan nomine dicti Domini Admiralii consensit ut Gubernator et societas mercatorum predictorum, eorumque Capitanei, Officiarii, Ministri, et inservitores eorumque quilibet a quacunque parte sive portione et a quocumque jure, titulo, et interesse antedicti Domini Magni Admiralli Domini sui in dictis respective [?] navibus pecuniarum summis, bonis, mercibus, et merchandizis, aut in aliqua parte sive parcella eorundem relaxentur, acquietentur, et absolute exonerentur juxta dictam peticionem ex parte dictæ Societatis ut prefertur factam. Unde Dominus cum consensu dicti 124 Wyan, dictum Gubernatorem et Societatem eorumque naves Capitaneos, Officiarios, Ministros et servos quoscunque relaxavit et acquietavit ex omnibus et per omnia prout per Williamson petitur, dicto Williamson acceptante quatenus faciat pro parte sua.


  16. Coppy of my Lord Admirall's Acquittance for £10,000 received of the East India Company for his Lordship's rights due to him from them.

    [S. P. East Indies, vol. iii. 15.]

    1624, April 28. George Duke and Marques of Buckingham, Earle of Coventrie, Viscount Villers, Barron of Whaddon, knight of the most noble Order of the Garteire, Lord Highe Admirall of England, Ireland, and Wales, and the dominions and isles thereof, and of the towne of Callys, and the Marches thereof, of Normandy, Gascony, and Guynes, and Captaine Generall of his Majesty's seas and navy royall. To all to whom these presentes shall come greeteing, Whereas the Governor and Company of merchants of London, trading to the East Indies, theire agents, captaines, factors, souldiers, marriners, ministers, and servants, or some of them, have taken, seized, and made prize of divers shipps, gold, silver, Jewells, wares, merchandizes, goods, and comodities in the parts of Asia and Africa beyond the lyne and beyonde the Cape of Good Hope, and in or uppon the seas over against the shoares of Asia or Africa aforesaid, and in or uppon any the sea shoares, havens, creekes, portes, harbours, or islands in the parts aforesaid, of or from some princes, states, nacions, and theire subjects respectively, or from any of them in those parts, and have disposed and converted the same to the use of the said Governour and Companie: Now knowe ye that I, the said George, Duke of Buckingham, Lord Highe Admirall of England aforesaid, haveing taken consideracion, with the advise of Sir Henry Marteine, knight, Judge of the Highe Court of Admiralltie, of his Majesty's letters pattents under the great Seale of England, beareing date the foureteenth day of December, in the yeares of the raigne of our Soverraigne Lord King James of 125 England, France, and Ireland the thirteenth, and of Scotland the nyne and fortith, graunted to the said Governour and Company, and of other allegacions made by the said Governour and Company, and on theire behalfe, have receaved and accepted the some of ten thowsand pounds of lawfull monney of England, to me paid by the said Governour and Company, before the date of these presentes, as a full satisfaccion of all such somes of money, tenths, duties, fees, proffitts, or other rights whatsoever any way due or belonging unto me, by virtue of the office of Lord Highe Admirall of England, for or in respect of the premisses, of and with which some I acknowledge my selfe fully satisfied and contented, and therefore doe acquitt and dischardge the said Governour and Company against me, my executors and administrators, by these presentes, and thereupon allso have remised, released, and quite[19] claimed, and by these presentes doe remise, release, and quite claime, to the said Governour and Company and their successors, theire agents, captaines, factors, souldiers, marriners, ministers, and servants aforesaid, all sommes of money, tenths, duties, proffitts, fees, and all and every other rights or right any way due or belonging unto me, or which I may any way claim by virtue of the said office of Lord Highe Admirall of England from the said Governour and Company, theire agents, captaines, factors, souldiers, marriners, ministers, and servants aforesaid, at any tyme heeretofore from the 28th day of Jannuary, in the 16th yeare of his Majesty's raigne over England, untill the date of these presentes for or by reason of the takeing, seizeing, and makeing prize of the said shipps, gould, silver, Jewells, wares, merchandizes, goods, and commodities, and allso all accions, suites, impetitiones, claimes, and demaunds which I, the said George Duke of Buck., as Lord Highe Admirall aforesaid, had, have, or may have, for all and every the said somes of monney, tenths, duties, proffitts, and rights whatsoever, or any part thereof, against the said Governour and Company, and theire successors, theire agents, captaines, factors, souldiers, marriners, ministers, or servants 126 aforesaid, or any of them. In wittnes whereof I, the said George Duke of Buck., Lord Highe Admirall of England, have hereunto sett my hand and seale, the 28th day of Aprill, anno Domini 1624, and in the yeares of the raigne of our Soveraigne Lord James, by the grace of God Kinge of England, France, and Ireland, defender of the faith, &c., the 22th, and of Scottland the 57th.

    (Signed) George Buckingham.


  17. Court Minutes of the East India Company.

    [Court Minute Book, vi. 506.]

    1624, April 30. The Court called to mind that howsoever there were a sentence in the Admiralty and release from the Lord Admirall promised for the discharge of the 10,000li., yet because this money was paid to Mr. Oliver it were not amisse to have a receyete of his hand for the same, which they resolved to require.

    [Court Minute Book, vi. 509.]

    1624, May 5. The Court fell againe uppon the consideracion of what discharge wilbe fitting the Company have from my Lord Admirall for the 10,000li. It was conceived, and it seems had bene so advised by Counsell, that the Company shall take our discharge under the seale of office, and anoather under the hand of the Lord Admirall. It was allso said that Sir Henry Martynn had viewed the release and differs in opinion from the common lawyers in some few particulars, vizt, where the acquittance runnes for goodes, Jewells, etc., taken in the portes of Asia, or Africa, or the portes, creekes, etc., where he houldes the portes, creekes, and the rest followeing to be unnecessary, as beeing all included in the former generall wordes, etc., but the Courte beeing informed that Sir John Waulter doth confidently affirme that the wordes are necessary as the wordes are penned by the common lawyers, resolved therein to follow their direccion. It was allso infourmed that Sir John Waulter doth confidently affirm Sir Henry Martynn expectes some direccion from the Lord 127 Admirall for signing and sealeing the release. It was therefore mooved that Mr. Alesbury be entreated to receive the Lord Admirall's order in that particular, and to deliver the same to Sir Henry Martynn, whoe thereuppon will forthwith signe the same.

    The Courte was further infourmed that the Company wilbe exceedingly pressed to the payment of 5000li. to his Majestie , and the rather because att this time the Exchequer is shutt upp, notwithstanding there is a warrant for the presse of 30 marchauntes shippes besides those of his Majestles appointed to be made ready. The Courte resolved to hasten what they could a discharge from his Majesty , togeather with such articles as may best availe the Company for the future, wherein Mr. Governour advised the Company to take hould of the present occasion, for that as the state of the Exchequer and the King's occasions now stand, they shall more easily procure satisfaccion concerning the future then they can hereafter, but advised them to parte with no monney untill all were finished. It was considered that the business cann have no present despatch, because when the assurances or covenantes shalbe drawen, his Majesties Counsell must have a sight of them, whoe perhapps will allter some thinges, and so drive the Companyes Counsell to a second consultaccion, which will aske tyme. It was said that those Committees unto whome had been committed the care of this busines had not slept in it, and that there is a draught ready wherein was inserted that the Company should be defended from the Spaniard, but those wordes held not fitt to be offered to his Ma tyes signature, or to single out the Spaniard in that kind, but it was advised by Sir John Waulter to be thus expressed, that his Majesty will protect in case of question, and so leave it to gennerall interpretacion. It was therefore thought fitt to entreate Sir John Waulter to propose it, and that Mr. Noy shall drawe a covenant to that purpose. The Courte was further informed that the opinion of Counsell is (considering the latitude of the former grauntes) that anouther covenant be, that for the tyme to come the Company shall enjoye the benefitt of any their former graunt or pattent. 128

    The Court was made acquainted by Mr. Deputy that howesoever the paines and travell of Mr. Governour and others in this busines were well knowen to this Courte, as allso with what difficulty they were singled out and drawen into it, which was with much reluctacion and desire to be freed of the imployement as well in reguard of their owne particular occasions as to avoid the common censures which commonly wayte uppon these employments, yet as he conceiveth by some informacion they had not escaped uncensured as men ready to yield unto the companies losse, for it is said that if there had not been some false brothers amongst us the Company needed not to have paid the monney to the King and the Lord Admirall, wherefore Mr. Deputy mooved that the party may be called hereafter to discover those false brethren if there be any such. The Courte tooke it to harte, and resolved to question any such parson as shall have wronged them in that nature, whoe did all by direccion of the Courte, and commaunded an entry to be made of the mocion to thend it be not forgotten.

    [Court Minutes, vi. 516.]

    1624, May 7. Mr. Cappur acquainted the Courte that he had been appointed to attend Sir John Waulter and Mr. Noye concerning such discharge for matters past and warrant to the Company from his Majestie for the future as may best stand with his Majesty's honnor and the Companies safety, those twoe particulars beeing the somme of all that cann or may be required. He said he found much difficulty in bringing them togeather, but in thend had done it. He said there is a draught but not yet perfited, whereof they have conferred togeather and agreed of the substance onely but yet wanted fourme. The Courte willed him to followe it with diiligence, because the Companies performance wilbe expected sodainely, and it wilbe very necessary they go togeather. 129

    [Court Minutes, vi. 526.]

    1624, May 19. Mr. Deputy acquainted the Court that a messenger had bene with him to attend Mr. Secretary Connoway; that he received the Commons in the morning, and was to attend him within twoe howres; that himself and Mr. Bell went to Greenewich, where Mr. Secretary declared the present necessity for monies, and required not onely the 5000li., which is to be paid to his Majestie uppon the sealing of the writinges by his Majestie, but likewise the other 5000li. which was not to be paid till after the arrivall of their next shippes from Zuratt, alleadgeing the urgancy of the present service, and that the victualling of the shippes intended to be sett out stayed onely for those monies. Mr. Deputy made answere that for the first 5000li. it shalbe ready so soone as his Majestie hath perfourmed to the Company what he was pleased gratiousely to promise them, whereof there is as much hast as is possible, and wilbe ready so soone as the writinges shalbe approoved by his Majesties Counsell learned; for the other 5000li. they humbly prayed to be excused untill the retourne of the Zuratt shippes according to their humble promise to his Majesty: Mr. Secretary notwithstanding pressed the payment of the latter 5000li. , and for the writinges, willed them to make all possible speed to perfect them. Mr. Deputy tould him that, this beeing Whitson weeke, and most of the Committees out of towne, there was no expectacion of their retourne till Tuesday night att soonest, and that upon the Wednesday they would consider of all. Mr. Secretary added further that if any thing were yet depending betweene the Dutch and them undecided, he would willingly interpose to the States Embassadors here present for the composeing thereof, wherein his labour should be to make upp all breaches betweene both Companies. Mr. Deputy and the rest gave his Honour humble thankes for the mocion, affirming it should be a greate favour to the Company if a setled and firme amity might by his meanes be broughte betweene them. 130

    [Court Minutes, ri. 628.]

    1624, May 22. Mr. Munnes then signified to the Courte that in Mr. Governors absence Mr. Bell and himself had bene sent for to Secretary Connoway, whoe with much importunity requires payment of the 10,000li., whereto they had answered that for the first 5000li. promised, the Company were resolved to make payement thereof uppon passing the release and warrant for the tyme to come; and thother 5000li. was not yet due. The Courte was further made acquainted that the draught of the writing had bene delivered to Mr. Attorney, whoe could do nothing therein untill he had a warrant signifying the Kinges pleasure. It was further made knoune that Mr. Governor and Committees had attended and indeavoured to have spoken with Mr. Secretary at the Parliament House and att the Counsell of Warr, but fayleing of him, had sent to him a coppy of the writing desired by Mr. Bacon and Cappur, of whome he demaunded the Companyes resolucion concerning the 10,000li., but they haveing no direccion to say anything therein, Mr. Secretary had appointed the Companies attendance yesterday morning, where Mr. Governour, Mr. Deputy, Mr. Bell, and Mr. Abdy had accordingly attended, and in conference with Mr. Secretary he earnestly insisted uppon payment of the 10,000li., useing many perswadeing arguments to induce the Company thereunto, as that it would do my Lord Duke an eapetiall favour, that it would be a good service to the State; that the King should thanck them, and that the presente payment would be good for the Company; and gave some hope of passeing the writeing. But when the Company pressed the perfourmance thereof he refused to give any direct answer unlesse they would directly promise payment forthwith, wherein they had excused themselves as haveing no warrant from the Company so to doe, whereuppon, the busines beeing taken into consideracion, much debate there was concerneing payment thereof. Some thought the Company should deale royally to pay, as was promised, the King graunteing the writeing which he had promised, and not sooner; others were of a contrary opinion, and observed that this writeing 131 will not onely acquitt the Company of all past untill this daye, but warrant their proceedeings for the future, and that the time in difference is not past 3 moneths, it may be not 3 weekes; for it was conceived that uppon arrivall of the first shippes, payment of the monney would be required, and could not be avoyded, and therefore it was wished not to give distaste, but to conclude fayrely, and to give way, useinge the best meanes that might be to lengthen the payments with Sir William Russell, or any other that should be assigned to receive the same; but it was objected that evill newes may come out of the Indies, and then the King in honnor will not take the latter 5000li.; but it was answeared that there was no reason to expect it, and the Courte was advised not to be too spareing in this particular, if the writeing may passe. Some avowed if it must be paid yet to take defacacion of interest, but that mocion was not approved of. Here it was observed that it is one of the worst paynes belonging to a Committee to go betweene the King and the Company, and therefore it was desired that the Committees imployed in this or any other busines of the like nature may not, howesoever the busines goe, be wronged in their reputacions, or scandalized, seeing they faithfully and honestly discharge the trust reposed in them, and use their best endeavours for the good of the Company, whereto answere was made that all agree but one, and he fayrely objectes, but opposeth not the payement: and in conclusion it was gennerally conceived that the monney would be well given, if the writeing might be confirmed, and the resolucion of the Courte was uppon passeing of the writing to pay the first 5000li.; and for the other 5000li., to make it a certeyne debt at reasonable tyme, which was hoped would give content.

    Mr. Governor also reported Mr. Secretary Connowayes readynes and desire to perfourme any good office for the Company in the accomodacion of differences betweene us and the Dutch, to which purpose it was thought meet that the business be drawne upp the beginning of the next weeke, and presented in writeing to Mr. Secretary. 132

    [Court Minutes, vi. 531.]

    1624, May 26. Mr. Governour made the Courte acquainted that himself with Mr. Deputy and some committees, haveing bene therto summouned attended his Majesty uppon Satturday,[20] whoe gave them gracyous heareing, beeing in his coach ready to go abroad, there beeing in the coach with him the Lord of Annand, by whose direccion they presented themselves to his Majesty, whoe in much earnestnes deeireing to have the latter 5000li., which should not have bene paid untill the retourne of their next Zuratt shippes, they did in thend yield to. pay unto him as had bene agreed at a Courte of Committees houlden the same forenoone the said latter 5000li., provided that in respect thereof his Majesty would be pleased to graunte unto them, as had bene promised, a discharge for all thinges past betweene the Company and others in the Indies, and that some good rule be sett for their further direccion, whereto his Majesty gave ready consent, and Mr. Governour acquainted him that the draught is with Mr. Secretary Conoway, and humbly prayed the same might be viewed and passed accordingly; whereto his Majesty gave ready consent, and promised the same should be perfourmed the next day, whereuppon Mr. Munnes and Mr. Bell attended Mr. Secretary the next day,[21] and acquainted him how by my Lord of Annandes meanes they had spoke with his Majesty, and what earnestnes he had bene pleased to presse the payment of the first and second 5000li. in respect of his urgent occasions; that Mr. Atturney then attending att Court, Mr. Secretary had made him acquainted with the Kinge's pleasure, and that the draught for all that is past was well liked, but for the other concerning the future, Mr. Atturney desired to see the wordes of the Companie's pattent, which haveing bene by order of the Lower Howse of Parliament delivered in cannot yet be had out, but the wordes of the pattent were said to be recited verbatim in the draught delivered to Mr. Atturney, which notwithstanding is no warrant for him to ground uppon, and 133 therefore the originall must be had; which the Courte appointed should be called for to the Clarke of the House of Parliament, with significacion of the reason why the Company desire it It was allso affirmed that when the writinges shalbe perfyted the latter 5000li. shall not be over sodainely urged out of the Companie's handes, but it may be 1000li. a moneth, the same beeing for the use of the Navy; and the Thresuror thereof beeing contented to receive it by monethly payments.

    [Court Minutes, vi. 545.]

    1624, June 16. Mr. Governour … acquainted the Courte that they had bene 1624 much troubled with the busines of monney to be paid to his Majestie and the Lord Admirall, as if they had bene slack in perfoureming of the 5000li. to be paid to his Lordship, and that the complaint was allso backt by one in greate place aboute his Majesty; whereuppon Mr. Governour gave true informacion to his Majesty that the busines stuck not att them, but the faulte was in those that should have procured for the Company a legall discharge according to agreement, whereuppon order was given by his Majesty that a warrant and direccion of his Majesties pleasure should be given by Mr. Secretory Conwey to Sir Hary Martynn for the peruseing of the draught of that assurance that so it might go to the Kinge's Counsell learned to be considered by them, to which purpose Mr. Secretory wrote, and his lettre was carryed by Mr. Governour and Mr. Deputy to Sir Henry Martynn; whoe thereuppon resolved to do that which apperteyneth to his parte, which, as he conceyved, was to overlooke onely so much as concerned the Lord Admirall, and for the rest that concerned his Majesty , to leave the same to Mr. Atturney, and beeing more propper to him, for which end the draught was this morning left with Sir Henry Martynn.

    [Court Minutes, vi. 548.]

    1624. June 18. Att this Courte it was ordered that the Company shall frame a warrant to be signed according to custome directed to Mr. Thresuror for the payment of 10,000li. to the Lord Admiral . 134

    [Court Minutes, ri. 551.]

    24, June 23. Mr. Governour acquainted the Court that after many attendances uppon the Lordes att severall places both by himself and Mr. Deputy with those Committees that have usually assisted in this busines, as allso haveing understood from Mr. Atturney that the clause of offending the Portugalls in the Indies would not be graunted, they attended his Majestie att Wansted, whoe, haveing obteyned audeence, they were required to make payment of those monneyes required by his Majestie , whereto Mr. Governour replyed that uppon receipte of the release promised for the time past, and the warrant and direccion for the future, were ready to pay the monney. His Majesties answere was that this was to give them leave to be pyrates. The answer was,—the Company delighted neither in blood nor rapine, and therefore humbly besought his Majesty would be a meanes that peace might be betweene the English and Portugalls, and then there should be no cause of complaint on either side; or else that his Majesty would be pleased to explane in what cases the English might defend themselves by offending others, if there were cause. His Majesty declared that his meaneing was that the English beeing assalted by the Portugalls may wreke himselfe uppon the same shipp that assailted him, but uppon no other; nor uppon that shipp longer then till complaint may be made hither, and order from hence. Mr. Governour made answere that there is no safety to the English by this limitacion, and so came away from his Majesties presence. After this, Mr. Governour and the rest were called in againe, and then his Majesty made demaund againe both of the first and second 5000li. affirming that he would have both, and it pleased a greate person then present to expound the not payment of the monney to be of purpose to drawe some greater privilidges from his Majesty which they should never obteyne; whereto was replyed that the uttermost ayme of the Company was but to be discharged for the time past and allowed their just defence for the future. In conclusion, his Majesties expresse pleasure was that the 135 whole 10,000li. shalbe paid, and Mr. Governour haveing humbly desired respite for answere to that latter 5000li. untill after a Courte, did therefore now desire to knowe the pleasure of the Courte what answere he should make. The Court, unwilling to oppose his Majesties pleasure signified as before, did by ereccion of hands condescend and ordered that uppon the signing of the Companie's discharg for that which is past, the whole 10,000li. shalbe paid, and that the Company shall rest uppon his Majesties grace and favour for the future, wherein he hath bene pleased to promise that if they rest uppon him he will deale gratiously with them, and that he did not deny any thing the Company had[22]

    Moreover, Mr. Governour acquainted the Courte that in conformity to his Majesties pleasure signified as before, Mr. Atturney had bene attended by himself and the rest employed in that service, and had drawen upp the release for the time past fitt for his Majesties signature, but had done it without a preamble reciting the former graunt in that particulars, which he had caused to be alltered, and that the same was sent by the Companie's Secretory to the Courte then resideing att Wansted for the procureing his Majestiess handes therunto, who, findeing not Mr. Secretory Conoway there, whome his Majestie had formerly used in the busines, entreated Mr. Packer to procure his Majesties hand thereunto. But, there beeing none present but his Majesty and the Prince and the Duke of Buckingham, the penning of the said warrant of discharge seemed unto them to extract further then his Majesties purpose was to graunt, and so it rested unsigned att that time.

    [Court Minutes, vi. 654.]

    1624, June 25. Mr. Governour reported to the Court that the release which was carried by the Companie's Secretory to Wansted uppon Wednesday last,[23] and which his Majesty was pleased to forbeare to signe att that time, that Sir Henry Martynn hath now perused the same, and 136 findes it to be fitt for the Kinge's signature. The Courte therefore thought fitt, and so ordered, that their Secretory should attend Sir Edward Connoway att afternoone, and acquaint him that, according as had bene agreed att the last Courte, the whole 10,000li. is now ready to be paid so soone as the said release for thinges past shalbe signed, and that for the future the Company will rest uppon his Majesties gratious goodnes; not doubteing but he wilbe gratiously pleased to affoord the Company his Royall favour in that particuler: allso to entreate of Mr. Secretory Connoway that the Company may have a few wordes in writing under his hand expressing the receipte of the said 10,000li. by expresse order from his Majesty, and for his use. But while these thinges were in agitacion, Mr. Oliver, a servaunte of the Duke of Buckingham, came into the Court, and delivered unto Mr. Governour the said release for matters past framed by his Majestie and he undertooke that Mr. Secretory Connoway shall give under his hand a warrant to pay the said 10,000li. to him, the said Mr. Oliver, whoe being departed the Courte, informacion was given that divers of the gennerallity were of opinion that this Court had bene over forward in condiscending to give so greate sommes, and that it would come in question att the generall Courte, wherefore it was given in charge to the Companie's Secretory to looke upp those Courtes that were forborne to be entred, because they continued[24] the particular employments of Mr. Governour, Mr. Deputy, and others of the Committees to his Majesty for the service fitt to be inserted into the ordinary bookes of entries.

    [Court Minutes, vi. 555.]

    1624, June 25. The Courte entred into consideration what foarmes of warrante wilbe fit to be given to the Thresurors of the Company for the two severall sommes of 10,000li. apeece; for the first 10,000li. allready paid to the Lord Admirall, it was thought fitt the acquittance runnes in these wordes, viz , for 10,000li. to the Lord Admirall in 137 full satisfaction for all pretences of right as Lord Admirall for all accions past in the Indies by sea or land to the 30 of Aprill last; the other warrant for 10,000li. now to be paid to the King much challenged[25] by his Majestie for freeing the Company's servauntes out of prison, and the Company from the complaint of the Spanish Embassador, and the Companie's shippes outward bound released, which were secured by order of the Parliament, untill uppon promise thereof they were after released.


  18. Proceedings of the Court of the East India Company.

    [Court Minutes, vii. 10. (Extract.)]

    1624, July
    A Court of Committees houlden the 9th of July 1624. 1624, July.
    Mr. Morris Abbott, Governor     Mr. Abdy.
    Mr. Christopher Clethrow, Deputy.Mr. Browne.
    Mr. Alderman Cambell.Mr. Mennes.
    Mr. Alderman Allen.Mr. Smith.
    Mr. Alderman Ducy.Mr. Crispe.
    Mr. Treasurer Stone.Mr. Henry Garroway.
    Mr. Treasurer Bateman.Mr. William Garroway.
    Mr. Westrow.Mr. Leate.
    Mr. Offiey.Mr. Cartwright.
    Mr. Bell.Mr. Kirby.
    Mr. Styles.Mr. Eyers.
    Mr. Venn.Mr. Martynn.
    Mr. Hurby.Mr. Keeghtly.
    *    *    *    *    * 
    

    £2000 part of the £10,000 left unpaid. The Courte was made acquainted that £2000, part of the £10,000 ordered to be paid to the Lord Admirall for his Maiestes use, is yet unpaid, by reason there is not come to the Company that discharge 138 which they expected and was promised, viz. that Mr. Secretary Connoway should signify in writing under his hand the Kinges pleasure that it shalbe paid unto Mr. Olliver, and then Mr. Olliver to give his acquittance to the Company, which is not yet done, but Till the receipt be delivered. there is £2000 residue of the said £10,000 tould out and sealed upp by Mr. Oliver's man ready to be delivered uppon receipt of the said acquittance the monney be not delivered.[26] And they well remembered that the £10,000 after the last treaty with the Dutch was paid to the Lord of Annand for his Majestes use and his receipte for the same.


  19. Lord Conway to the East India Company.

    [S. P. East Indies, vol. iii. 23.]

    15 July, 1624.
    1624, July 15. May it please you,
    His Majesty seemes to marvell a little that the remainder of the mony which was to bee had from you is not yett received. His Majesty hath therefore commaunded mee to signify his pleasure unto you, that you deliver unto Mr. Richard Oliver the ten thousand pounds, to bee employed in some secrett service for his Majesty without accompt or imprest, And that you receive an acquittance from him to that purpose, wherein you may bee pleased to give a speedy dispatch, the money being presently to bee disposed according to his Majesty's direccions. I have noe more in charge, and I will add no more but give you this assurance, that
    I am,

    Your assured loving friend,

    Edward Conwey.

    Theobalds, 15 July 1624.
    Concordatum cum originali.
    Edw. Sherburne, Secretary to the said East India Comp.

    To my yery loving friends the Governonr, Deputy, and Assistants of the East India Company. 139


Part V.—Documents relating to the Seventh and Eighth Articles.

[In the seventh article Buckingham was charged with procuring the Vanguard, a ship of the King's navy, and six merchant ships to be conveyed to France, and with compelling the delivery of the ships to the King of France without sufficient security for re-delivery.

In the eighth article he is charged with knowing that the ships surrendered would be used against the protestants of Rochelle, and with falsely declaring to the Parliament at Oxford, that they should not be so used.

The whole story is an exceedingly intricate one, and can only be understood with the help of the documents which are now collected.]


  1. The Marquis of Effiat[1] to Louis XIII.

    [Harl. MSS. 4596, fol. 258.]

    Sire,
    1625, Jan 11/21. Je ne croyois pas escrire a vostre Majesté pour ce coup de peur de l'importuner, ayant faict une grande lettre a Monsieur de la Ville aux Clercs sur le sujet de ce courier, mais depuis ayant esté adverty. par quelques Huguenots de France que Soubise s'estoit saisy la veille des Roys[2] de l'Isle de Ré et qu'il y faisoit un fort et qu'il avoit en mesme temps prins une place en Xaintonge, j'ay voulu prevenir le Roy de la Grande Bretagne, et luy ay faict connoistre en cette conjoncture de quelle importance estoit cette damnable action 140 dont il est tres facillement demeuré d'accord, et m'a dit avec des marques d'une pleine bonne volonté envers vostre Majesté qu'il improuvoit tellement cette action, bien que Soubise fust son parent, qu'il l'abandonnoit absolument, et si luy ou quelque autre se mesloient de faire des folies en vos Estats il vous offroit toute sorte d'assistance d'hommes, vaisseaux et de tout ce qui estoit en sa puissance. Je croy que vostre Majesté luy en doit faire remerciement tout entier, car cela l'engagera tousjours davantage en la bonne volonté qui luy va croissant a veue d'oeil et pour cet effect luy en escrire. Il m'a aussy dit en suite quil craignoit quil n'y eust quelque chose d'Espagne, car Dom Carles Colombe[3] Ambassadeur extraordinaire luy dist sur ce qu'il couroit un bruit que vostre Majesté vouloit assieger la Rochelle; que si vous vous attachiez le Roy d'Espagne, son Maistre assisteroit les Huguenots de France, et qu'il se falloit garder de vous laisser ainsy nettoyer vostre Estat, ce qu'il luy dist en grande confiance se voulant en cela servir de ces intelligences pensant luy faire un grand compliment estant lors en grande intelligence avec luy, voila comme il est a present bien guary de la maladie Espagnolle, et si l'on ne laisse d'avoir advis du huictiesme que Gondomar vient, j'espere qu'il ne fera pas grand mal. Je ne craindray point de luiter avec luy, l'auctorite de vostre Majesté m'asseure qu'il y recevra un affront. Dieu me fasse la grace d'y estre aussy utile que mon devoir m'y oblige estant de vostre Majesté, Sire,

    Tres humble tres obeissant et tres fidelle sujet et serviteur,

    D'Effiat.

    De Londres ce 21 Janvier 1625.


  2. Louis XIII. to the Duke of Buckingham.

    [Harl. MSS. 4596, fol. 244 b.]

    Mon Cousin,
    1625, Jan. 13/23. Vous recevrez cette lettre par le Marquis d'Effiat a mesme temps mille remerciemens des bons offices que je reçois journellement de 141 vous qui m'ont esté tesmoignez par la Ville aux Clercs, et tout a l'heure nouveaux moyens de me faire voir la continuation de vostre affection. Je desire en ce recontre estre assisté de mon bon frere le Roy de la Grande Bretagne afin que toute la chrestienté connoisse l'union qui est entre nous, et comme le mauvais precedé et la temerité du Sieur de Soubise luy desplaist, qui ayant osé attaquer des vaisseaux dans mes pais[4] et en arraer sans ma permission s'est rendu coulpable et va establissant dans l'opinion de plusieurs que tous mes desseins au dehors seront eschouez par ses meneés et traverses, ainsy le bien general de tous et le contentement de mon dit bon frere, nostre commune gloire et la vostre; je dis la vostre et vous adjoincts a nous. Nous tenons qu'une bonne partie du succes sera deub a vostre generosité et a vostre conduite, laquelle me promet que vous ne manquerez pas de me faire ressentir les effets de vostre amitié, et selon les demandes du dit marquis de me faire avoir six ou huict navires de guerre les unes appartenants au dit Roy et les autres aux marchans Anglois, desquels d'autant plus je desire estre servy qu'estans sous vostre charge je m'asseure qu'ils seront vaillamment et fidellement. Je me remets au dit Marquis à s'estendre plus au long sur ce discours et a vous faire sgavoir l'impacience que j'ay de vous voir laquelle augmente par le recit qui m'est faict de vostre vertu sur laquelle pouvant establir une amitié certaine, je vous asseure que la mienne sera a l'espreuve du temps et qu'il vous fera quel est le zele que j'ay a prier Dieu qu'il vous ait, mon Cousin, en sa saincte et digne garde.


  3. The Marquis of Effiat to Louis XIII.

    [Harl. MSS. 4596, fol. 277 b.]

    Sire,
    1625, Jan 17/27. Je receuz hier un pacquet de vostre Majesté qui ma fort resjouy car elle me parle selon sa boiite ordinaire qui me faict croire que je ne suis pas en si mauvais estat que l'on m'a voulu faire croire puis-qu'il 142 luy plaist m'honorer de ses commandemens que j'executeray de sorte quelle en aura contentement et les choses seront prestes au plustost, non pas qu'elles puissent estre prestes pour la fin de ce mois comme vostre Majesté me mande, car je n'ay receu sa lettre que le vingt cinquiesme du mois courant et lors tous les vaisseaux estoient empeschez au passage du Sieur Comte de Mansfeld et non equipez pour un grand sejour n'estant question que passage, et si le Roy de la Grande Bretagne est a Neumarquet qui est a cinquante mille d'icy, ce nest pas qu'il y ait aucune difficulté en quelque façon et maniere que ce soit a l'affaire, car vostre Majesté aura conneu par ma precedente comme sur le bruit que couroit j'avois prevenu le diet Roy de la Grande Bretagne. C'est pourquoy il ne faul pas mettre vostre demande en question, mais faire un compliment sur l'offre qu'ii a faicte a vostre Majesté par moy; l'acceptant vous le priez de vous ayder non des six vaisseaux de guerre mais de ce que vostre Majesté pourra avoir quelque besoin et necessité aux occasions que jugerez convenables pour vostre service speciallement centre vos rebelles Rochellois et Soubise, et vostre Majesté se pourra asseurer qu'elle sera bien et promptement servie; car pour ne perdre point de temps, j'en ay parlé a Monsieur le Duc de Bouquinquam comme cela le quel en est veritablement demeure d'accord et cela estant de sa charge particulierement je crois que tout cela ira comme il se peut desirer, et m'en tesmoignant journellement un extreme desir pour contenter vostre Majesté me faict esperer de luy un parfaict acheminement de cette affaire. Il sera aussy besoin de faire quelque lettre de remerciement au Prince et se souvenir de ce qui le regarde dont j'ay donne advis par ma precedente et faire aussy compliment au Duc.

    *    *    *    *    * 
    
    
    
    
  4. The Marquis of Effiat to Louis XIII.

    [Harl. MSS. 4596, fol. 292.]

    Sire,

    *    *    *    *    * 
    

    1625, Jan. 14/24. Quant aux vaisseaux que vostre Majesté demande des que le Lievre[5] est arrivé j'ay esté trouver le diet Duc afin de depescher au 143 Roy de la Grande Bretagne qui est a soixante mil d'icy un courrier par le quel le diet Duc luy escrit que suivant les offres qu'elle m'avoit chargé de faire a vostre Majesté, elle les avoit acceptées avec Joye et le supplie de luy aider de huict vaisseaux de guerre et sans attendre le commandement, qu'il ne doubte pouit d'avoir, il a à l'instant envoyé querir les Vice Admiraux pour donner crdre que les Roberges et les vaisseaux que vostre Majesté demande fussent en estat pour faire voile au premier commandement, et demain il fera dresser l'estat des hommes et de la despence des dits vaisseaux par mois, je croy que vostre Majesté scait qu'en ces choses la l'on advance tousjours le mois, cest pourquoy elle ordonnera que l'argent soit icy a poinct nommé au jour de leur departement, je croy que lemeilleur est par lettres de change, car elle perderoit trop sur les especes. Il y a un nommé Vanelle qui m'a tousjours faict tenir le mien a deux pour cent pour l'interest et le change. Il a correspondance avec un nommé Bierlamake[6] qui est un homme de grand credit. Il faut aussy scavoir de voste Majesté pour combien de temps elle veut tenir les dits vaisseaux afin de ne faire point de despenses inutiles. Je supplie aussy vostre Majesté de me faire scavoir comment elle entend que je me retire avec Mons. le Duc de Bouquinquam et quel service elle desire que je luy rende par le chemin afin que j'obeisse comme je dois a toutes ses volontez. Je supplie tres humblement vostre Majesté de me les faire connoistre et avoir consideration sur mes precedentes suppliant tres humblement vostre Majesté de croire que je ne pretends autres bienfaicts que d'estre asseuré qu'elle a mon tres humble service agreable et qu'elle croit ma fidelité au degré que je l'exerce priant tous les jours Dieu comme pour mon propre salut qu'il maintienne et conserve vostre Majesté, estant, Sire,

    Vostre tres humble tres obeissant et tres fidel sujet et serviteur,

    D'Effiat.

    A Londres ce 28 Jour de Janvier 1625. 144.


  5. Louis XIII. to the Marquis of Effiat.

    [Harl. MSS. 4596, fol. 283 b.]

    Monsieur le Marquis d'Effiat,
    1625, Jan. 22/Feb. 1. Bien que je vous aye desja envoyé les lettres de remerciement que vous jugez necessaires pour le roy de la Grande Bretagne mon frere telles que j'ay creu convenables sur les ad vis que vous m'avez donnez, ayant receu vos lettres du vingt septiesme du passé[7] j'ay resolu d'en joindre une nouvelle a cette cy, et ayant de l'advantage sur les occasions qui se presentent de son affection m'en prevaloir, si doncques vous ne luy avez rendu mes precedentes, ce courrier arrive vous irez le trouver, et par Pentremise du Duc vous presserez qu'il m'envoye des vaisseaux, le frais desquels ainsy que je vous ay mandé je payeray que je ne desire estre en plus de nombre de huict pour les joindre a d'autres qui me sont asseurez pour composer mon armement d'un nombre reglé de voiles qui fortifié de ceux là, et bien equipez sera suffisant non pour faire fuir l'equipage du Sieur de Soubise, mais pour donner de la peur au plus puissant prince de la terre: mais quant à l'autre chef qui concerne le Prince je ne scaurois luy escrire, me rendant coulpable par l'excluse,[8] mais je veux bien que vous n'obmettiez aucun office pour le destromper, et pour ce regard je me remets a ma derniere depesche a laquelle vous vous conformerez entierement et estant enquis des raisons qui me destiennent d'escrire vous direz celle la, adjoustant qu'il estoit inutile d'agiter cette question le Prince n'ayant point eu de pensée de passer la mer et le Duc vous l'ayant dit et a la Ville aux Clercs que seuls en m'escrivant pouviez donner lieu a ce discours.

    *    *    *    *    * 
    
    
    
    
    
  6. The Marquis of Effiat to Louis XIII.

    [Harl. MSS. 4596, fol. 295 b.]

    Sire,
    1625, Jan. 23/Feb. 2. Suivant ce que j'ay mandé a Vostre Majesté que Mons. de Bouquinquam 145 avoit depeschéa la cour pour faire entre au Roy de la Grande Bretagne comme vostre Majesté acceptant les offres qu'il luy avoit faictes le prioit de luy aider de huict vaisseaux de guerre, ce qu'il a accordé et commandé à Monsieur son Grand Admiral si les siens estoient tous occupez au passage de Monsieur Mansfeld ou n'estoient en estat de marcher, que l'on en prist huict des meilleurs que se trouveroient mesme de marchands de la compagnie des Indes qui sont les plus grands de ses mers et les plus privilegiez et les mieux artillez et garnis de toutes choses necessaires et les plus promps a marcher et qui sont tels Monsieur de Bouquinquam y ayant donné ordre de sorte que vostre Majesté en sera bien servie et promptement, car ils sont prests au premier jour, et si elle en avoit tres bon marche comme elle pourra voir par l'estat que je luy envoy e que m'a donné Monsieur de Bouquinquam.

    *    *    *    *    * 
    
    
    
    
  7. Marquis of Effiat to Mons. de la Ville aux Clercs.[9]

    [Harl. MSS. 4596, fol 298 b.]

    Monsieur,
    1625, Jan. 23/Feb. 8. Vous verrez par celle du Roy a quoy nous en somnes touchant les vaisseaux, et sans attendre les Icttres de complimens que je vous demande qui seront tousjours necessaires, j'en ay usé ainsy, pour ne perdre point temps. Les huict vaisseaux de cinq a six cens tonneaux comme le Roy les demande seront prests dans quinze jours, . et si le Roy en a encore affaire d'un ou deux de huict a neuf cens ou mille tonneaux pour en faire un Admiral ou Vis Admiral, nous les pourrons avoir mesmes de ceux du Roy qui seront en estat dans ce temps là. L'entretien en coustera un peu davantage, mais le service en sera plus signalé. Quant a ceux-cy je pense que le Roy ne les trouvera pas chers, puis qu'ils m'ont faict voir par un extraict de la despense, tant pour la solde de deux cens cinquante hommes sur chaque vaisseau qui seront equipez et armez de tout ce qui leur faut, et vivres pour six mois sans qu'ils ayent besoin de 146 mettre pied a terre, ny qu'on leur fournisse chose du monde; tous les boullets poudres et toutes choses necessaires ausdits vaisseaux, et pour le loüage du dict vaisseau du port de cinq a six cens tonneaux et pour toutes choses generallement quelconques ils reviendront environ a deux mil escus par mois chaque vaisseau ou peu s'en fault, parceque ce qu'ils m'ont donne ne contenoit que ce que je vous mande, je l'ay trouve un peu trop géneral, Monsieur de Bouquinquam me l'ayant promis par le menu, je ne l'ay voulu receuoir ainsy Payant demande par le menu, de sorte que nous verrons jusqu'a un sold la despense en detail, et scaurons combien faut pour le Capitaine, Lieutenant, soldat et matelot, quelle quantité de vivres et munitions y sont de canons et toutes sortes d'armes, mais cela estant un peu long ils m'ont dict que je ne le scaurois avoir de trois ou quatre jours: des que je l'auray receu je vous l'envoyeray. Cependant je vous escris ce qui est a ma connoissance afin que vous fassiez tenir preste la monstre d'un mois estant le moins que l'on advance parce qu'ils fournissent tousjours leurs navires pour six mois devant que de les mettre en mer. Il y a les principaux officiers de la marine ausquels il est necessaire de faire quelque petit present de la part du Roy entr'autres au Secretaire de l'Admirauté[10] qui travaille avec beaucoup de soin. Il faudroit me faire scavoir pour combien de temps on les veut louer et s'il ny aura point quelqu' homme de commaundement francois et ce que je dois faire la dessus. Vous ne m'avez point aussy rendu de response touchant Masue[11] de la chambre du lict, Monsieur de Bouquinquam dit que vous avez oublié à luy rendre response touchant les vingt vaisseaux que Monsieur le Connestable luy avoit demandez

       *    *    *    *    *    *    * 
    *    *    *    *    *    *    * 
    

    Vostre tres humble et obeissant et obligé serviteur

    D'Effiat.

    A Londres ce dieuxiesme de Febvrier 1625. 147


  8. Louis XIII. to the Marquis of Effiat.

    [Harl. MSS. 4596, fol. 306.]

    Monsieur le Marquis d'Effiat.
    1625, Jan. 29/Feb. 8. Vos lettres du deux de ce mois m'ayant esté rendues hier sur le midy, j'employé la mesme journée a les considerer, et y ay ant remarqueé de l'affection du Roy de la Grande Bretagne et du Duc de Bouquinquam, c'est une peine extreme au dernier, je ne puis moins que satisfaire tous les deux, user de remerciement envers le dict Roy pour les vaisseaux qu'il me prest[12], vous ordonner de le luy faire entendre et au dict Duc des offices duquel je tiens cet advantage, et voulant m'en prevaloir vous dire de haster Pembarquement asseuré qu'au premier jour et avant qu'ils soient equippez vous aurez receu de quoy leur advancer la premier mois, ayant desja commandé qu'on vous en envoye des lettres de change ainsy que par ma precedente depesche vous aurez peu apprendre ce qui sera executé dans aujourd huy ou demain et ce par la voye de Vanelly avec lequel on traicte la mesme lettre vous aura faict connoistre que je desire un vaisseau pour server d'Admiral a ma flotte ce que vous ayant este offert ainsy que vous l'avez mandé à la Ville aux Clercs j'ay a desirer que vous l'acceptiez sous condition que celuy la portera mon pavilion ce qui ne me peut estre refusé.

       *    *    *    *    *    *    * 
    *    *    *    *    *    *    * 
    
    
    
    
  9. James I. to Louis XIII.

    [Harl. MSS. 4596, fol. 334b.]

    1625, Feb. 9/19. Treshault tres puissant et tres excellent Prince nostre ties cher et tres amé bon frere cousin et ancien alié. Encore que le feu Roy vostre pere d'heureuse memoire ait esté justement appellé Henry le 148 Grand pour avoir en effect reconquis par armes son Royaume de France, bien qu'il luy appartenoit comme son propre heritage, neantmoins vous avez maintenant faict une plus grande conqueste, car le Royaume de France encore qu'il estoit reconquis par les armes victorieuses du Roy vostre dit pere, il luy appartenoit de droit, et par ce moyen il ne subjugua rien que ce qui estoit a luy, mais vous avez maintenant faict une plus grande conqueste, ayant vaincu par vos deux dernieres lettres si pleines de courtoisie vrayement cordiale vostre bon frere et ancien allié et tous les Royaumes apartenans a luy, car nous nous confessons tellement vaincus par vostre affection plus que fraternelle que nous ne vous pouvons rendre la pareille sen tern ent nous pouvons vous promettre et asseurer en foy d'homme de bien que vous aurez le pouvoir tousjours non seulement de disposer de nos forces et royaume mais de nostre coeur de nostre personne et de la personne de nostre fils si vous en avez affaire (que Dieu ne vueille), vous priant de vous asseurer que nous serons tousjours si loin de penser a cherir ou donner aucune contenance a aucun de vos sujets de quelconque profession de religion qui oublieront leur devoir naturel envers vous, que si mesmes nous pouvons sur aucune occasion en avoir le vent, vous en serez aussy tost fidellement adverty, et vous pouvez promettre qu'en pareille occasion ou aucune chose qui porroit tendre a l'honneur de vostre couronne vous aurez tousjours le pouvoir de disposer librement de nostre assistance comme si cettoit nostre propre cause, et sur cette verité que nos interests seront tousjours communs nous prions Dieu tres haut tres excellent et tres puissant prince, nostre tres cher et tres ame bon frere cousin et ancien allié de vous avoir tousjours en sa tres saincte garde. De Neumarquet le neufiesme jour de Fevrier mil six cent vingt quarte.

    Vostre tres affectionné frere Cousin et ancien allié,

    Jacques R. 149


  10. The Duke of Buckingham to the Marquis of Effiat.

    [Harl. MSS. 4596, fol. 349.]

    Monsieur,
    1625, Feb. 11/21. Il est advenu depuis vostre partement qu'en ouvrant un pacquet de lettres en presence du Roy mon maistre qui m'avoit esté adressé non de la part de Messieurs les Ambassadeurs mais d'un autre, j'y ay trouvé un advertissement comme Monsieur le Connestable avoit este rappelle avec ses forces pour venir fondre sur la Rochelle: ce qui je n'eusse pas volontiers communique à Sa Majesté, n'estant autrement fondé sinon que j'ay este ainsy soudoinement surpris, mais Sa Majesté ayant veu et mettant en balance cet advertissement avec le retardement des trouppes qui devoient joindre le Comte de Mansfeld s'en est forte estonné et n'en peut faire autre argument sinon que ça estoit un dessein de longue main projetté de faire pretexte de lever des gens pour une si belle entreprise et puis tout a coup de les detourner contre ceux de la religion parquoy je vous prie de prendre cette occasion de remonstrer au Roy vostre Maistre le danger qu'il y a de rallumer la guerre en ses propres pays au lieu de la porter ailleurs tant en son propre advantage et au bien commun de toute la chrestienté les affaires estans desja si bien acheminées et avec combien plus de facilité il pourra ranger Monsieur de Soubize a raison par l'offre et . assistance de Sa Majesté qu'en divertissant Monsieur le Connestable qui est bien advancé pour l'employer contre luy outre le destourbier qui en pourroit survenir au traicté qu s'en va si heureusement accomply, enquoy vous ne vous estes employe avec moindre affection que Monsieur

    Votre tres humble et affectionné serviteur,

    Bouquinquam.

    De Neumarqnet le onzieme Fevrier, 1624.


    150
  11. The Marquis of Effiat to Louis XIII.

    [Harl. MSS. 4596, fol. 327.]

    Sire,
    1625, Feb. 14/24. J'ay receu le quinziesme du courant la derniere dont vostre Majesté m'a honoré par laquelle elle me commande de faire haster les vaisseaux que le Roy de la Grande Bretagne luy preste au plustost, et que j'essaye d'avoir un de ceux du dit Roy pour servir d' Admiral a condition qu'il portera le pavilion de vostre Majesté quand vostre grand Admiral sera dessous ce que j'ay obtenu de sorte que vostre Majesté en disposera comme il luy plaira et pour le temps qu'elle voudra et ou elle trouvera bon de les employer. De sorte que je pense avoir satisfaict a tout ce qu'il avoit pleu a vostre Majesté m'ordonner, mais si elle veut estre promptement service il faut envoyer de l'argent, car jay faict advancer ^out ce que j'ay peu, mais l'on ne scauroit faire davantage si vostre Majesté n'en envoye, car l'on a accoustumé de fournir aux marchands tousjours deux mois pour le moins par ce quil faut garnir les vaisseaux de toutes sortes de munitions de vivres et de guerre pour tout le voyage; je ne laisseray de les faire contenterdu mois etleur faire fournir d'asseurances pour les solder du temps qu'ils seront au service de vostre Majesté, qui ordonnera a loisir de leur payement selon l'estat qu'elle en aura, car elle ne le peut avoir au juste qu'en ce temps là, car les marchands ne peuvent envitailler les dits vaisseaux qu'ils ne sachent le nombre d'hommes que l'on veut mettre dessus, et ne veullent louer des raattelots n'y arrester des soldats qu'ils ne soient bien asseurez de l'employ et du temps que l'on les veut tenir, a quoy je n'ay sceu donner ordre que vostre Majesté m'aye mandé pour combien elle les veut, ce qui est besoin de me faire scavoir au plustost et m'envoyer la lettre de change, car tout ce que j'ay peu faire par mon credit ç'a esté de faire mettre tous les dits vaisseaux en estat d'aller à la mer estants bien equipez et cordaigez, voilez et garnis de canons et de tout ce qui est le plus long a mettre en estat, car le reste va viste allant comme l'on veut quand on a l'argent. Il n'y faut plus perdre de temps car voicy le printemps ou chacun se garnit de tout ce 151 qu'il pent avoir affaire de ce costé là. J'ay aussy à faire ressouvenir vostre Majesté que des cet Esté elle m'a commandé d'asseurer tous ceux ausquels elle veut departir ses bienfaicts et qui en auroient satisfaction, et que je croy qu'il faut donner aux Sieurs de Sainct Antoine, Du Thier, Boislaure, et Maxuel un homme de service de la chambre du lict, comme Monsieur de la Ville aux Clercs scait et ce commencement ne peut donner les esperances que l'on desire persuader ceux qui en recoivent les bienfaicts qui cautionnent par leur sourd bruit ce que l'on en doit faire esperer, et neantmoins depuis je n'en ay pas ouy parler, il n'y en a pas beaucoup, c'est pourquoy je pense que le service de vostre Majesté veut que l'on y donne, en ce temps ou il est question de desraciner absolument les Espagnols qui songent tousjours a cette cour y envoyans le Comte de Gondomar pour cet estat; on le croit a present sur son partement ce n'est pas que je le craigne beaucoup, car l'auctorite de vostre Majesté est trop forte, et si je pense qu'il vient a tard, car le Roy de la Grand Bretagne este tellement prevenu qu'il a dict a mon arrivée a Neumarquet tout hault devant tout le monde qu'il estoit François, que ses Royaumes et tout ce qui en deppendoit estoit au service de vostre Majesté, qu'icy ces coquins de Huguenots de France (usant de ces termes) vouloient faire quelque rebellion qu'il iroit en personne pour les exterminer et tous ceux quy voudroient resister a vostre service et qu'il donneroit ou vostre Majesté voudroit, a quoy je n'ay sceu respondre que des complimens acceptant cet offre si l' occasion s'en presentoit pour monstrer l'estime que je scavoys que vostre Majesté en feroit, et qu'il faict tousjours bon de lier taut que l'on peut; il escrit une lettre a vostre Majesté qu'il a dictée luy mesme la plus civile qui se peut imaginer

        *    *
        *    *    *    *    * 
    

    estant de vostre Majesté Sire Tres humble tres obeissant et tres fidelle sujet et serviteur

    D'Effiat.

    A Londres ce vingtquatriesme de Fevrier 1625. 152


  12. Louis XIII to the Marquis of Effiat.

    [Harl. MSS. 4596, fol. 336 b.]

    Monsieur le Marquis d'Effiat,
    1625, Feb.21/March 3. J'ay receu par le Sieur de la Reviere le premier de ce mois vos lettres du vingt quatre du passé, et avec elles une qui me contente bien davantage, car quoy que les autres m'asseurassent de l'affection du Roy de la Grand Bretagne et que tout ce que j'avois peu desirer pour des vaisseaux estoit effectué, sa lettre porte ce que vous en pouviez dire: aussy non content de la dire a ses Ambassadeurs et de vous ordonner de l'en remercier je luy escris moy mesme, jugeant que com me il falloit estre Roy pour si bien parler, il faut l'estre aussy pour s'exprimer sur le remerciement, vous avez done a luy rendre ma depesche et en ce rencontre choisir les plus expresses parolles que vous scavez pour exprimer mon contentement et faire valoir mes sentimens que je vous asseure estre tous tels que les mouvemens que vous avez remarquez en mon frere le Roy de la Grand Bretagne a qui je souhaitte et au prince son fils toutes les vertus qui sont deuz a de si bons princes qu'eux, et pour revenir au contenu de vostre dite depesche pour les vaisseaux apres les remerciemens que vous avez a en faire aussy au Duc de Bouquinquam, j'ay à vouloir que vous les arrestiez pour quatre mois de service et que vous conveniez avec les proprietaires du fret les autres despenses y attachées, voulant qu'ils soient tres bien artillez et envitaillez munis de voiles et autres choses necessaires a la navigation et fournis de nombre de bons pilottes, matelots, canonniers, et autres officiers, reservant seulement ainsy que je le vous ay mandé d'y mettre les capitaines et les soldats ce qui ne peut estre refusé, l'exemple des Hollandois tres jaloux de la conservation de leurs bords y conviant les Anglois; mais pour le vaisseau qui m'est accordé pour servir d'Admiral avec ordre de porter mon pavilion, mon cousin de Montmorency montant sur la flotte je craindrois qu'ils y feroient plus de difficulté, et toutesfois la raison veut que les soldats qui seront avec luy soient francois et qui entendent les commandemens 153 qu'il aura à leur[13] de dessus le quel je n'entends pas oster le capitaine particulier pourveu qu'il soit tel que je m'asseure qu'on l'envoye et avec les autres conditions, et ayant a estre promptement servy de cette flotte sans attendre response a mes precedentes je vous envoye cette lettre de change dont desja vous avez ouy parler, et ne manqueray de donner ordre pour le payement de cette despense des l'heure qu'elle sera certaine, ce que je ne puis scavoir que sur ce que vous m'en escrivez, ayant resolu le nombre des mariniers et autres officiers qui seront sur chaque vaisseau. Pour ce que vous me mandez du Gondomar, j'ay mesme sentiment que vous et ne puis croire qu'on l'envoye d'Espagne, si ce n'est pour faire des ouvertures pour la restitution du Palatinat, desquelles je m'asseure qu'on se gardast bien, aussy ne vous en escris-je qu'en passant et pour vous advertir d'en faire sentir quelque chose au Duc et remarquer son sentiment, lequel ayant escrit a la Ville aux Clercs de quatre choses je luy ay permis de vous faire entendre ce qui est des trois et pour l'autre vous avez a dire que luy Duc estant de deça fera ses ouvertures qui seront tousjours tres bien receues et verra ce qui se peut et doit faire dessus ou je le desire avec impatience, soit pour conclure le mariage de ma sceur et du Prince, luy tesmoigner combien je l'ayme et pour faire mener au Roy son Maistre celuy de mes sujets qui recelle ce que le Prince vouloit envoyer a ma soeur, la quelle certes et moy aussy somnes estés tres satisfaicts de ce que le Sieur Cherry luy a apporté, le quel s'en allant s'est chargeé de faire entendre cela au dit Prince. Je ne manqueray aussy envers les Ambassadeurs d'observer ce que vous me marquez bien qui leur conduite en mon endroit m'en deust empescher, estimant que c'est à moy à estre le plus sage, et sur ce je prie Dieu &ca.


  13. Louis XIII to the Marquis d' Effiat.

    [Harl. MSS. 4596, fol. 356.]

     
        *    *    *    *    * 
    

    1625, Feb. 25/March 7. Reste maintenant a vous dire que j 'attends les vaisseaux de dela avec impatience aux conditions mentionnes dans mes precedentes que j'estime d'autantplus iustes que moyennant que les soldats soient 154 François je seray maistre de l'equipage et donneray preuve de confiance aux Anglois et[14] laissant les matelots, canonniers et autres officiers de leur nation.

     
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  14. The Marquis of Effiat to Louis XIII.

    [Harl. MSS, 4596, fol. 350.]

    Sire,
    1625, March 1/11. Je receus hier les lettres que le Sieur de Seton m'a apportées de la part de vostre Majesté et me rendray a Thiboldz a l'arrivée du Roy de la Grande Bretagne qui est party de Neumarquet pour y venir, et essayeray de le disposer à tout ce que vostre Majesté me commande; cependant je fais cette depesche pour supplier vostre Majesté de considerer ce que je luy escris par ma precedente et ce qui regarde Monsieur de Bouquingham, car je croy qu'il ne luy faut refuser aucune ceremonie pour luy donner contentement le[15] service de vostre Majesté le voulant ainsy selon ce qui est a ma connoissance.

    Quant aux vaisseaux j'en ay escrit parquoy je ne l'importuneray pas d'une redite, attendant ses commandemens là dessus et de me faire scavoir resolument si elle veut que ce soient des soldats francois dessus, car pour les matelots ils ne peuvent estre que Anglois, quant aux soldats je ne fais point de difficulté que nous ne puissions avoir la liberté d'en mettre de Fraçois, mais je ne scay si c'est le meilleur par ce que Monsieur de Bouquinquam est tant picquée d'honneur en ce service y mettra des hommes tels que j'ose dire que l'on n'y en pourra avoir de meilleurs, toutesfois on les pourra mesler en mettant tant de François que d'autres, et l'envie qui est naturelle aux nations les portera a mieux faire, oubientous Francois; comme il plaira a vostre Majesté me l'ordonner j'essayeray de l'obtenir le scachant promptement, je ne laisseray cependant de preparer les voyes.

     
        *    *    *    *    * 
    

    estant de vostre Majesté, Sire

    Vostre tres humble tres obeissant et tres fidel sujet et serviteur

    D'Effiat.

    A Londres le 11 Mars 1625. 155


  15. The Marquis of Effiat to M. de la Villa aux Clercs.

    [Harl. MSS. 4597, fol. 9 b.]

    Monsieur,
    1625, March 21/31. Je n'ay point eu de response dessus ce qui est de mettre des soldats Francois sur les navires, le Duc asseurant que si on le laisse faire qu'il respondra au Roy de cette petite flotte là, de sorte qu'il en aura contentement, ce qui m'a semblé fort considerable afin de le rendre comme garant de Pevenment, ayant tousjours à passer par les mains des mariniers Anglois, il semble qu'il suffiroit que Monsieur l' Admiral de Montmorency, qui aura, tousjours avec luy cinquante on soixante gentilhommes de commandement et plusieurs homines de mer estant luy mesme à la flotte pourra faire monter sur les vaisseaux avec de ses gens de commandement tels hommes qu'il advisera extraordinaires et qui ne seront à la solde ordinaire n'y estans que par occasion, car autrement il y auroit grande difficulté pour le deffray des soldats, et les maistres des Navires en demanderont beaucoup plus qu'ils ne valient, et feront monter la despense de leur nourriture quasi autant que devroit faire toute la solde, et si il est a craindre que leur naturel ne s'accommode pas aucunement à la facon de vivre des Anglois et qu'ils ne portent pas si bien le travail de la mer qu'eux pour ne l'avoir habitue comme vous le pouvez scavoir, qu'il est grandement difficille a la pluspart de ceux qui m'ont esté jamais en guerre sur mer que la fatigue et la difference de celle de la terre faict que la pluspart ne pouvant supporter cette incommodité, tournant plustost a charge a une armee navalle que non pas au soulagement d'icelle, tant par la foiblesse dont ils sont surpris que la pluspart demeurans malades incommode grandement par ce moyen tous ceux qui demeurent ave ceux, et nonobstant tout cela je me suis tousjours tenu au commandement que le Roy m'a faict jusques a temps que j'eusse ordre de changer, cedant a cette proposition qui me paroist tres considerable, c'est pourquoy j'en avois cy devant escrit, et voyant que je n'ay point de response j'ay 156 creu qu'il estoit a propos de renvoyer ce courrier pour en avoir resolution aussy qu'il y a une grande difficulté que je ne scaurois vaincre, et si je n'y puis ceder sans en avoir pouvoir, ayant mesme commandement au contraire, le Roy m'ordonnant de ne loüer les vaisseaux que pour quatre mois, et l'on ne les loue jamais à moins de six, car les livrant environ le mois d'Aoust les Marchands se trouveroient leurs vaisseaux sur leurs bras inutillement tout le reste de l'année, tellement que quand je les feray contraindre com roe je le pourray faire, ils nous les feront bien plus chers, nous faisans quasi monter ces quatre mois a six pour se recompenser de la perte de ce temps la, ce qui semble estre neantmoins raisonnable les exemples nous y condamnans, neantmoins auparavant que de passer plus avant j'ay estimé qu'il m 'estoit necessaire d'avoir un commandement, et afin d'estre bien instruict, et que le Roy puisse former sa resolution avec certitude, j'ay recouvert avec un peu de soin un Traité qui a esté faict par un Ambassadeur extraordinaire de Venise que l'on m'a dit estre advantageux, ayant lors interest qu'il fust gratifié, ce qu'il ma faict croire que le modelle en estoit bon, et ne voulant pas adjouster foy aux copies j'en eu mesme l'original que je vous envoye afin que s'il est trouvé bon, soit en total ou en partie, je m'asseure que je le feray passer, quoy qu'ils veulent dire que les temps ne se rapportent pas; faictes moy donc s'il vous plaist promptement sçavoir la volonté du Roy afin que je la suive, et qu'il soit aussy promptement servy, ce n'est pas que les vaisseaux ne soient prests, l'on travaille de tous costes pour les provisions et munitions de guerre, mais la chose ne pent estre faicte au juste que l'on ne scache le nombre d'hommes que l'on veut mettre dessus, et lors je vous envoyeray un estat exact de toute la despense, et afin que je sois promptement adverty par ce que le Liepvre se marie, je vous prie de donner la response a un gentilhomme qui est a moy, duquel j'ay necessairement affaire qui s'appelle Ferrand, et qui partira des le lendemain que celle cy vous sera rendue, s'il vous plaist luy faire l'honneur de le depescher; excusez ma liberté puis 157 que vous le trouvez bon me l'ayant ainsy donne et que je suis oblige de demeurer et estre tousjours jusques au tombeau.

    Monsieur Vostre tres humble tres obeissant et oblige serviteur,

    D'Effiat.
     
        *    *    *    *    * 
    

    Depuis ma lettre escrite les marchands des Navires me sont venuz trouver, et m'ont faict connoistre resolument qu'ils ne pouvoient marcher a moins de trois inois d'avance, et pour le louage de six mois je croy que pour tirer les advantages du diet Traité de Venise qui sont grands à la saison ou nous sommes, et qui nous donneront liberté de mettre des soldats françois, il y a necessité de passer par là; ce qui me fasche grandement est qu'ils m'ont dit que si je ne traictois dans deux jours, qui'ils prendroient party, d'autant qu'ils craignent de perdre l'occasion si je venois a ne les asseurer qui[16] faut que je suis irresolu de ce que je dois faire: je ne laisseray neantmoins de reculer le plus que je pourray jusques a ce que j'aye de vos nouvelles et promptement afin que scachant vostre resolution j'acheve d'acheminer cette affaire à sa dernier fin: pour ce qui est des deux autres mois je me donneray bien tousjours quinze jours de temps pour les faire tenir a Burlamats, sinon je me serviray de mon credit, puisque nous sommes embarquez, ayant desja donne l'argent pour faire advancer le tout et gaigner par ce moyen le temps qui nous est tellement si cherque leperdant nous perdons beaucoup qui ne se pourra de long temps recouvrer.

    Monsieur, je vous diray que nonobstant la grande maladie du Roy de la Grande Bretagne je n'ay laissé de le voir, il a eu jusques a sept acces de fievre dont le sixiesme et septiesme sont aucunement diminuez, de sorte que l'on croit qu'elle cessera tout a faict, Monsieur de Bouquinquam persiste en la resolution qui je sois de la partie ce a quoy je vous prie de contribuer. Quant a l'Ambassade ordinaire je vous remercie, et si je me puis tirer sans visage de mal content je n'y voudrois demeurer pour rien du monde si ce n'estoit pour vostre service; je croy que vous m'entendez bien demeurant 158 pour ce faict dans les termes que vous scavez qui est a dire voir Madame en Angleterre.


  16. Articles of Agreement made, concluded, and agreed uppon the 25th day of March, 1625. Betweene the Embassador to the French King on thone part, and the owners of the shipp called the G[ift] of London on thother part, concerninge the fraightinge of the said shipp.

    [State Papers, France.]

    1625, March 25. 1. First that the said Owners on or before the thirteenth day of the moneth of Aprill next cominge after the date hereof stilo Anglie shall provide and deliver the said shipp well furnished and armed with eighteene peeces of ordinance and all provisions and things necessary in very good and due manner that nothinge be wantinge to render unto his most Christian Majestie the service which he taketh her, and that the Captaine of the said shipp shall duringe the tyme that she shall be in service of his said most Christian Majestie have forty and seaven mariners and two boyes sufficient and able for the guidinge and governinge of such a shipp, of which nomber there shall be tenn gonners with Captaine and Mariners shall bee ready in the said service and employment, and shall be at the direccion and appointment of such comaunder (beinge a French Gentleman) as shall be therefore ordeyned by his said most Christian Majestie or his said Embassador. And that the said shippe shall serve his said most Christian Majestie, and shall carry warlike municion and als other thinges which shall be fittinge for the service of the said shipp against whomescever except the King of Great Brittaine: and that it shall be lawfull for the comaunder or generall if they or either of them shall soe think fittinge to putt more ordinance into the said shipp or to change the same during the tyme of the said shipps service for brasse ordinance soe as the same exceed not the weight of those ordinance of Iron which shalbe displaced. 159

    And it is agreed that all such powder shott and match or any other thing as shall be given or delivered to the said shipp by order of his said most Christian Majestie and not spent in the said service shall bee by the said Captaine of the said shipp redelivered to the publique Comaunder. And if the said owners shall spend any of the said shipp's provision in the said service that then his said Majestie shall pay for soe much as shall be soe spent, savinge and excepte the ordinary expence which shall concerne the said shippe. And it is likewise agreed that if any of the mariners of the said shipp shall be slayne in the said service then, if the said Captaine shall not within thirty dayes next after the death of such person provide another in his roome, that then his said most Christian Majestie or his officers may after the said first thirtie dayes expired deduct three pounds sterling per moneth for every one soe slayne or that shall be wantinge of the nombre of fiftie persons as well at the first shew or muster which shall be taken of them as alsoe of all other musters when they doe not supplie such wants with other sufficient men as aforesid, and this is to be understood when there shall want but one or two but if there be more wantinge the said owners shall be found to fill up the nomber presently or els the Comaunder may put men into their places soe as the shipp may be allwayes able to serve haveing the nomber of mariners.

    In consideracion whereof it is agreed that that the said Embassador or his assignes shall pay or cause to be paid unto the said Owners or their assignes for and in respect of the fraight of the said shipp for every severall moneth the somme of xs. per moneth[17] and that the said owner shall have three moneths pay before hand at the rate aforesaid: that is to say at then-sealeinge of theis presentes one monethes pay at thend of fifteene dayes next ensuinge the date of theis presentes thother two moneths pay provided that if the said other two monethes pay shall not be paid and performed on or before thend of the said fifteene dayes 160 next after the date hereof and that this presente agreement doe not take effect then the costes, damages, interestes which the said owners may demaund against his most Christian Majestie or his said Embassador shall be taken uppon the firste monethes pay which is now advanced and paid beforehand unto them, with which advancement the said Owners doe content themselves for all damages in case the said Embassador shall leave them and proceed no further in this agreement. And that the said three monethes being expired the said owners are to have a monethes pay before hand and soe from thenceforth to be paid from moneth to moneth before hand during the said service and entertaynement, which said monethly pay is to begin and to be accompted from the eight and twentieth day of this presente moneth of March, Old Stile of England: all which said monethly payments shall be from tyme to tyme made at or within the now dwellinge house of Francis Mosse Notary sett and being in Cornehill in London.

    And the said owners doe agree for the fraight aforesaid to mainteyne the said shipp at their owne charges with victualls apparell and all other furniture fitting, and to pay and discharge the captaine mariners and companies wages of the said shipp, and thereof to acquite and discharge his said most Christian Majestie, and that they will receave and take into the said shipp as many soldiers and whatsoever other minister officer or publique comaunder with all their goodes as shall be put aboard the said shipp for the said soldiers' uses, soe as she may reasonablie carry and stow the same in her over and above her own vitle, tackle, and apparrell, and that the publique comaunder which shalbe put aboard the said shipp (being no other then a French Gentleman) to be named by his most Christian Majestie or his said Embassador shall at his libertie and pleasure have and use the greate cabbin of the said shipp.

    And moreover the said Embassador doth agree that the said owners and captaine may put aboard the said shipp any goods provision and other things that shall be any wise needfull for the use and service of the said shipp without payinge of any custome for the 161 same within the dominions of his most Christian Majestie and without payinge any port charges duringe the said employment and that the said Embassador shall thereof discharge the said owners and shipp aforesaid and that all booties and prises that shall be taken by the said Company and shipp thone halfe thereof shall be to and for the use of the said owners captaine and maryners and thother halfe to the disposicion of his said most Christian Majestie:

    And it is further agreed that the said shipp and company shall remaine in the service aforesaid by the space of six monethes firme accompting the monethes as they shall fall out from the tyme aforesaid and at the rate and price before agreed uppon; and after the said six monethes expired for soe long tyme more as his said most Christian Majestie shall please not exceeding in the whole eighteene monethes at the rate aforesaid; and that the said Comaunder or Generall shall give notice to the Captaine of the said shipp by the space of one whole moneth before shee shall be dismissed of her service: and if the said shipp shall be dismissed of her service within the said first six monethes, that yet his said most Christian Majestie or his assignes shall pay the saide owners or their assignes fraight for full six monethes.

    And the said Embassador doth further agree that the publique Comaunder shall be a French gentleman which shall have the absolute comaund of the said shipp: provided allwayes that the Captaine shall have the governernent of the mariners, disposinge of the victuall and other furniture of her, and the said Comaunder shall not alter or ordeyne any thing therein, but shall comaund the said captayne that which he shall find good for the direccion of the fightes and voyages which the said captaine shall be bound to cause to be executed by his Mariners: and that the said Comaunder shall provide victualls for all such soldiers as shall be put aboard the said shipp and take order for their quiett lyveinge that they disturbe not the said shipp's company in their perticuler affayres and that the said soldiers or any others which shall be put into the said shipp by the Comaunder or others shall not without 162 the consent of the said captaine spend any of the victualls put in by the said owners, nor shall take or carry awaye the said shipp from her captaine and mariners thereof but shall at thend of her employment deliver upp the said shipp with all municion, furniture and other thinges now belonginge unto her, savinge and except that which shall be found to have bin consumed in the ordinary expence and the casualties of the seas.

    And lastly the said owners doe agree that the said shipp shall proceed according to the Embassadors direccions, and shall not touch at any other place to lade any merchandizes aboard her. In witnes, &c. prout

    Robt. Nortan, John Rolfe; servauntes to Fra: Mosse, Notarii publici.

    [Indorsed.] A Coppy of the Contract for the Merchantes Shipes. 1625.


  17. Contract for the Loan of the Vanguard.[18]

    [State Papers, France.]

    1625, March 28. Articles of Agreement indented, made, concluded and agreed upon 28 day of March 1625 stilo Anglie And in the first yere of the raigne of our soveraigne Lord Charles by the Grace of God King of England Scotland France and Ireland, Defender of the Faith &c. Betweene the right honorable the Lord Anthony Ruze Marquis d'Effiat Councellor of the most Christian King in his Councell of Estate, Great Master of the Mines of France &c. of the other parte. And

    First whereas the Kinges Majesty of Great Brittaine in regard of the good correspondance and for the brotherly respect hee 163 beareth to the most Christian King is contented to lend and ymploy in the service of the said Kinge his said good ship called the Vantguard beeing in burden about 860 touns and tonnage; by commaundement of his said Majesty of Great Brittaine, the Commissioners of his Navie undertake and promise before the last day of this moneth of Aprill next comeinge stilo Angliæ to deliver the said ship furnished and armed with 40 peeces of brasse ordinance and all provisions and things necessarie in good and due manner fit for the service of the said most Christian Kinge: and that the Captein of the said ship shall during the tyme of that service have 250 able men for the guiding and governing of the said ship. Of which nomber there shalbee 30 hable gonners, which Captaine and companie shalbee readie in the said service and imploymente and shalbee at the direccion and imploymente of such Commaunder being a principall nobleman of Fraunce as shalbee Admirall of the Fleete, thereto ordeined by his said most Christian Majesty or his said Ambassador. And that the said ship shall serve his said most Christian Majesty and shall carry warlike municon and all other things fittinge the service of the said ship against whomsoever, except the Kinge of Great Brittaine.

    Further it is agreed that all such powder shott and matche or anie other thinge which shalbee given or delivered to the said ship by order of his said most Christian Majestie and not spent in the said service shalbe by the Captaine of the said ship delivered to the Admirall of the Fleete, and that if the said Captaine shall spend anie of the said ship's provision in the said service, that then his said most Christian Majestie shall paie for so much as shalbee soe spente saving and except the ordinary expence, which shall concerne the said ship.

    It is likewise agreed that if any of the mariners of the said ship shalbee slaine in the said service then, if the Captein shall not within thirtie dayes nexte after the death of such person provide another in his roome, that then his said most Christian Majestie or his officers maie after the said first thirtie daies expired deduct three pounds 164 sterling per moneth for every one soe slaine or that shalbee wantinge of the nomber of 250 persons as well at the first shewe and muster which shalbee taken of them as alsoe of all other musters when they doe not supply all such wants with other sufficiente men as aforesaid. And this is to bee understood when they shall wante but one or twoe, but if there bee more wantinge the said Captaine shalbee bound to fill up the number presently out of the other English ships which are againe otherwise to bee supplyed; or else the Admirall shall put men into their places soe as the said shippe may bee alwayes able to serve having her number of mariners and. gonners convenientes.

    And on the said ambassador's behalf, it is agreed that the said Ambassador or his assignes shall paie or cause to bee paid to the Treasurer of the Kinges Majestés Navie of England or to his assignes for and in respect of the victualls and wages of the said Captaine, Master, Officers, and Companie of the said shippe for everie severall moneth accompting calendarie monethes the somme of eight hundred poundes sterlinge and of lawfull money of England per mensem. And that the said Commissioners shall have foure moneths paie at the ensealling of these presents And at the end of the said foure months the said Commissioners are to have a moneths paie before hand to bee paid to the said Treasurer, and soe from thenceforth to bee paid from moneth to moneth before hand duringe the said service and entertainemente; which said monethlie paie is to beginne and to bee accompted from the daye of the date of theis presentes being the 28th daye of this instant moneth of March old stile of England, all which monethlie paiementes shalbee from tyme-to tyme made at or within the now dwelling house of Sir William Eussell Knight, Treasurer of his Majestés Navie scituate in Tower Streete London.

    And the said Commissioners doe agree for the said monethly paymentes to maintaine the said shippe at his Majestés charge of England with victuals and wages and to discharge the Captaine, Mariners and Companies wages of the said shipp and thereof 165 to acquite and discharge the said most Christian Majestie: and that they will receive and take into the said shipp as manie souldiers and such a publique Commaunder being Admirall of the Fleete with all such goods as shalbee put aboard the said ship for the said Admirall and souldiers uses soe as shee may reasonably carrie and stow the same in her over and above her owne victualls tacle and apparell; and that the said Admirall which shalbee put aboard the said ship (being noe other then a principall nobleman of Fraunce as aforesaid to bee named by his most Christian Majestie or his said Ambassador, shall at his libertie and pleasure have and use the great cabin of the said shippe and during his service may advance in the said ship the Banner of Fraunce: and the Ambassador doth agree that the said Captaine or Officers of the said shippe maie put aboard the said shippe aine goods provisions or other thinges that shalbee anie way needful for the use and service of the said shipp without paieng anie Custome for the same within the Dominions of his most Christian Majestie and without paieing anie porte charges during the said ymploymente; and that the said Ambassador shall thereof discharge the said Captaine and shippe aforesaid; and that all booties and prizes that shalbee taken by the said Companie and ship, the one half thereof shalbee to and for the use of the said Commissioners, Capten, and Companie of the said shippe, and the other half to the disposicion of his said most Christian Majestie. And further it is agreed that the said ship and Companie shall remaine in the service aforesaid by the space of 6 moneths firme acoompting calendary moneths from the time aforesaid and at the rate and prize before agreed upon; and that at thend of the 6 moneths shee shall have leave to retire herself and retorne towards England free and in a place where shee maie set saile without hindrance and that from the place where shee shalbee set at libertie and discharg'd by computacion of distance shee maie with good winde and weather retorne in one moneth to the coast of this Realme of England: and if in case the ship cannot be discharged at the end of six monethes and that the service of his 166 most Christian Majesty should require to keepe her longer, it is agreed that at the place where shee shall serve shee shall be furnished by his Christian Majestie with victualls and all other necessary reparacions and furniture as is fitting such a ship for such an imployment and for her safe returne to the Coast of England; as allso that the said most Christian King shall allow for the wages of the Captaine and Company after the rate of £425 per mensem to be paid as aforesaid.

    And the said Ambassador doth further agree that the publique Commaunder or Admirall shalbe a principle nobleman of Fraunce who shall have principall commaund of the ship: provided alwayes that the Englishe Captaine shall have the government of the Mariners and Company and the disposeing of the victuals and other furniture of her; and the said publique Commaunder or Admirall shall not alter or ordeine anythinge therein; but shall commaund the said Captaine that which he shall find good for the direction of the fights and voyages which the said Captaine shalbe bound to cause to be executed by his Marriners and Company; and that the said Admirall shall provide victualls for all such souldiers as shalbe put aboard the said ship and take order for their quiet liveing that they disturbe not the said ships Company in their particular affaires And that the said souldiers or any others which shalbe put into the said ship by the Admirall shall not without the consent of the said Captaine spend any of the victualls put in by the said Commissioners; nor shall take or carry away the said ship from her Captaine and Marriners thereof, but shal at the end of her employment deliver up the said ship with all municion, furniture and other things now belonging to her saveing and excepte that which shalbee found to have been consumed in the extraordinary expence. In witness &c. 167


  18. The Marquis of Effiat to M. de la Ville aux Clercs.

    [Harl. MSS. 4597, fol. 43 b.]

    Monsieur,
    1625, April 7/17. Ce mot est pour vous dire que j'ay traicté pour les vaisseaux, et ay obtenu toutes les conditions que le Roy demande, car tous les soldats et capitaines seront Francois et non autres, n'y ay ant que les mathelots et canonniers d'Anglois qui' seront tenuz de faire tout ce qui leur sera commande par le Gentilhomme François qui sera nomme par sa Majesté ou par son Ambassadeur: c'est pourquoy il faut envoyer les noms de ceux que le Roy y veut commettre, car ils auront le commandement absolu tant sur le Maistre du Navire que sur tout ce qui sera dedans le dit vaisseau, qui est tout ce que le Roy a desiré, y ayant mesme adjousté que sa Majesté a pouvoir de les retenir au mesme prix et aux mesmes conditions pour dix huict mois, et si sa dicte Majesté les peut licentier au bout des six mois sans pouvoir pretendre aucun autre desdornmagement que ce qu'ils ont receu leur ayant retrancheé avec beaucoup de peine un septiesme mois pour leur retour et qui neantmoins leur est accordé par le contract des Venitiens comme vous aurez peu voir, en somme que j'ose dire que vous trouverez que le Roy n'aura pas esté mal servy quant vous verrez les contracts que Monsieur des Roches vous portera, car ils ne sont pas encore tous au net, j'ay creu qu'il estoit a propos de l'en faire porteur estant homme de qualite qui ne seroit pas bien aise de s'en aller les main vuides, par la vous vourrez jusques a un sol la despense, cependant il faut m'envoyer promptement des lettres de change pour les deux autres mois ou nous perdrons non seulement le temps mais aussy ce qui est advancé estant ainsy stipulé par necessite pour le desdommagement des marchands qui ne veulent pas perdre temps et se sont mis en advance, pour servir autant qu'on a este demandé et pour faciliter le moyen de le faire tenir a l'instant comme il faut. Je vous envoye une lettre de celuy qui a fourny les cinquante mil livres qui n'y a pas manqué à poinct nommé et l'a bailié aux marchand aussy 168 tost qu'il a esté demandé. Il escrit un mot à Monsieur de Rembouillet qu'il fournira le reste ausdits marchands pourveu que le dit Sieur de Rembouillet luy en escrive et afin que le Roy aye plus de commodité a se faire servir; je vous envoye aussy une lettre du Sieur Burlamaccky escrite a Monsieur Vanelly par la quelle il mande qu'il fournira le reste aus dits marchands de sorte qu'il ne faudroit tirer qu'un mot du dict Vanelly adressant a Burlamacky, et le Roy seroit seruy sur le champ. Je croy que le dernier seroit le meilleur par ce que Burlamacky est celuy qui traiete et que faict toutes les affaires des marchands de cette cour, et aussy qu'il faut que ce soyt luy qui responde des trois derniers mais, ce qu'il feroit avec difficulté si l'on na se servoit de luy, je croy qu'il ne faut pas du tout cent mils francs comme il mande et que ce sera assez de quatre vingts quinze ou seize mil livres encore ne trouvay je pas qu'il faut tant pour la somme des diets contracts, mais il y a quelques petits frais à payer et quelques petits presens à faire aux Officers de la Marine comme j'ay desja mande qui certes y ont travaillé avec tout soin et diligence, et le dit Sieur Burlamacky y a aussy bien pris de la peine; je rapporte le tout avec verite sans affecter rien que le service du Roy qui ne permet pas que l'on use de delay en cette affaire. C'est pourquoy je vous conjure au nom de Dieu de me faire une prompte response aussy si le Roy trouve bon que je fasse le voyage que je lay ay mande il fault que je fasse partir cette flotte et l'envoye a la mer au paravant. Quant a mon affaire vous me defendez de vous remercier, aussy ne l'entreprendray je pas, me trouvant trop surmonte par l'obligation que je vous ay de la quelle je ne me detacheray jamais, et espere avoir l'honneur de vous faire connoistre quelque jour que je suis Monsieur,

    Vostre tres humble tres obeissant et obligé Serviteur

    D'Effiat.

    A Londres ce 17 Avril 1625. 169

    Monsieur, Monsieur Goring a dict au Roy qu'il croyoit que l'ordre fust a cette heure a Calais. Je ne crains point de dire le contentement qu'il en sera asseuré il le tesmoignera par homme expres, et quand il sera là il me faudra envoyer un mot de lettre par laquelle le Roy me permette d'aller a Calais. S'il ne trouve bon que je passe outre. Le gentilhomme qui vous rendra la presente est Escossois et que le Roy affectionne, ce que j'ay bien voulu vous tesmoigner ce que je vous supplie luy faire connoistre que je vous en ay escrit vous recommandant son affaire en general en ignorant le particulier.

    Monsieur Herbert que vous connoissez s'est offert de servir en cette flotte, et quoy que je ne trouve pas a propos, neantmoins je me suis engagé de le tesmoigner n'estimant en cela que son affection, je vous supplie done de m'en vouloir faire un mot de response pour luy faire voir que je ne l'ay pas oublie.


  19. M. de la Ville aux Clercs to the Marquis of Effiat.

    [Harl. MSS. 4597, fol. 5b.]

    Monsieur,
    1625, April 17/27. Hier sur les huict heures du soir Biliault me rendit vostre lettre du vingt-uniesme de ce mois, la quelle eust deub avoir une response du Roy, mesmement sur l'occasion de l'envoy de Monsieur le Chevalier de Rasily; mais il ne s'est peu, son absence de cette ville l'empeschant, et le bien de son service desirant que toutes choses postposées, les vaisseaux que vous avez pretez viennent sur nos costes; le mesme Biliaut m'asseure avoir laissé Monsieur de la Riviere a Boulogne et prest a s'embarquer, ainsy crois-je qu'estant arrivé aupres de vous avec la lettre de Vanelly a Bourlamacky, il n'y aura plus rien qui retarde les vaisseaux de venir, ce que ay ant esté jugé par Messieurs du Conseil, le partement du dit Chevalier a esté resolu. Il ne fera pas sernblant de les visiter, et toutesfois comme homme bien entendu, il considerera en l'estat ou ils sent, et vous en donnera advis sous main, afin que y ayant des defaults vous les fassiez 170 reparer et tout d'un temps mettre a la mer, avec ordre de luy obeir qui a charge de les mener à la rade de Dieppe ou les Capitaines et soldats qui ont à y estre dessus se trouveront pour y estre embarquez, ce qui desormais ne se fera que trop tard, n'y ayant plus d'apparence de paix avec les Rochelois qui osent demander la demolition du fort, et que pour leur seureté Monsieur de Soubise demeure avec l'equipage de mer qu'il a aupres de luy, consentant à la verité qu'il passe sur le mer de Levant, et demandant pour son frere une armée entiere à sa devotion pour aller en Italie, mais de laquelle on n'auroit autre asseurance que celle de leurs parolles, sur la quelle je pense que vous ne conseillerez rien; le dit Soubise ayant escrit aux Ambassadeurs je me double qu'ils ne manqueiont d'en donner part a leur Maistre ainsy qu'ils le doivent, et que de dela l'on vous parler à d'accommoder cette affaire de quoy aurez à vous gardez d'entrér en traicté, et vous consenterez de leur remonstrer de quelle importance est cet exemple, et qu'ils ne doivent favoriser une rebellion au contraire y courre[r] sus, et ce par les raisons de leur propre interest: et pour conclusion que vous advertirez Sa Majesté de ce qu'ils vous disent, leur levant toute esperance que cela puisse estre bien receu de dela ou l'on attend les procurations que vous dites devoir estre envoyées au nom de Monsieur ou de Monsieur de Chevreuse, estant tout un que l'on prie d'espouser Madame, pourveu que cela se fasse promptement, mais je croy quoi que vous ayez apris que cela se trouvera changé et que de deca l'on n'en veut qu'une qui sera adressée au dict Duc de Chevreuse, celuy de Bouquinquam continue à favor iser la France, et le Roy en a sentiment, auquel presentant le dict de Rasilly, vous aurez à dire que Sa Majesté ayant esté informée du soin qu'il a pris à cet armement s'en tient son obligé et qu'il ne manquera de luy en escrire. Lorsque les dits vaisseaux estans sur les costes il en remerciera la Roy son Maistre et vous; cependant vous prevallant de l'amitie qu'il vous porte faictes en sorte que les dits vaisseaux soient bien artillez.

        *    *    *    *    *
        *    *    *    *    *   *
    
    
    
    
    171
  20. The Marquis of Effiat to M. de la Ville aux Clercs.

    [Harl. MSS. 4597, fol. 57.]

    Monsieur,
    1625, April 11/21. Je vous renvoye Biliaut sur le champ pour vous dire qu'avec bien de la peine j'ay faict passer le navire du Roy qui est de pres de neuf cens tonneaux par le mesme chemin que les autres, comme je vous ay mandé et que la flotte des huict vaisseaux est aussy belle que l'on la sçauroit desirer, et m'asseure que la Roy s'en trouvera tres bien servy, elle est toute preste et partira au premier commandement et devant que de m'en aller je la verray sortir du Havre pour aller ou il plaira a Sa Majesté l'ordonner, et pour aller querir les capitaines et soldats Francois qui doivent monter dessus n'y ayant que les maistres des navires, qui doivent rendre toute obeissance aux Capitaines et gentishommes François, ensemble les matelots et canonniers qui font en tout quelques huit cens hommes qui meneront un equipage tres leste, ayant mesme obtenu une courtoisie du Duc de Bouquinquam sur ce que je luy ay raporté apres avoir esté visiter les navires et ayant este adverty par quelques capitaines de mes amis que j'avois mené avec moy pour faire la visite plus exacte, qu'ils trouvoient dans quelques vaisseaux des marchands les canons trop petits, il m'a promis d'en faire prendre dans les magasins du Roy de tel calibre que l'on jugera estre necessaire pour les faire mettre en leur place. De sorte qu'il n'y aura rien qui empesche , que le Roy soit servy a poinct nommé envoyant de l'argent pour achever de payer les deux derniers mois comme je vous ay mandé par mes precedentes ou nous perdrions toutes nos advances, estant une clause que je n'ay sceu vaincre et à la quelle le Roy me commande de ceder, c'est pourquoy je vous supplie de me mander une prompte resolution la dessus, car cela m'arresteroit tout court. S'il vous plaist d'en donner le voyage á Monsieur de Pradines il fera bonne diligence, et en aurois bien affaire pourveu toutesfois que ce fust sans importunité car autrement je ne vous en oserois prier.

        *    *    *    *    *
    

    D'Effiat. 172


  21. The Marquis of Effiat to Louis XIII.

    [Harl. MSS. 4597, fol. 79b.]

    Sire,
    1625, April 26/May 6. Incontinent que j'ay receu la lettre de change, je n'ay manqué de faire mettre les vaisseaux en estat de partir au premier commandement que je recevrois de vostre Majesté pour les faire aller ou elle ordonneroit, et Monsieur de Razilly venant derriere j'ay envoyé querir les capitaines de navires afin de faire demain une reveue et voir s'il y avoit quelque chose à redire pour l'accommoder et de les mettre a la voile. Monsieur des Roches porte tous les contracts de vostre Majesté et un extraict par lequel elle verra netteinent l'estat de cette despense. Monsieur le Chevallier de Razilly les a veuz qui en estime les conditions et admire le bon marché. j'espere que vostre Majesté en aura contentement nous avons eu quelques disputes pour celuy du Roy et y a eu peine de le faire passer par les clauses de ceux des marchands, neantmoins je l'ay emporté et mesme osté la demande d'un mois de retour qu'ils pretendoient, suivant la coustume des mariniers à ce qu'ils disent, à quoy j'ay dautant plus resisté que cela eust tiré à consequence et eust cousté un mois de monstre à toute la flotte. Il a fallu employer cinq ou six jours a ce debat, l'affaire s'estant vuidée au Conseil, ou j'ose asseurer que vostre Majesté a des serviteurs, entr'autres Le Garde des Seaux, Le Grand Tresorier, Le Chancellier de l'Eschiquier, Monsieur le Grand Chambellan, et Monsieur son frere. Le petit Edmond[19] qui est tout françois supplie vostre Majesté de dire un mot à Messieurs les Ambassadeurs à ce qu'il puisse estre faict Baron, c'est une chose qui ne couste rien et que l'on estime beaucoup en ce pais, car ils sont pairs du Royaume. Je suis aussy obligé de tesmoigner que le pere de Monsieur de Montaigu President au Conseil se porte à tout ce qu'il croit estre utile au service de vostre Majesté, ainsy tous Messieurs du Conseil firent passer l'affaire comme je la demandois, le succes fust accompagné d'une civilité tres grande, car voyans que les Commissaires de l'Admirauté avoient employé pres de dix mil francs par mois pour 173 le seul louage du navire, ce qu'ils trouverent tres mauvais et en firent rapport a Monsieur de Bouquinquam qui ne manqua de le representer au Roy, comme il le falloit, ce qui le toucha de telle sorte que tout en fougue il ]es envoya querir, et les menaça de les chasser, et qu'il n'estoit point marchand, et commanda que l'on deschargeast le louage de dix mil francs par mois, à quoy il se montoit; de sorte que vostre Majesté ne payera que les deux cens cinquante hommes mariniers et canonniers qui sont dessus et les poudres de dix huict mil francs que se montoit: la despense de ce navire par mois elle ne revient qu'a huict, qui sont vingt mil escus d'espargne pour les six mois et soixante sur dix huict si vostre Majesté les retient tant comme elle a la liberté, et le mois de retour que nous avons espargné qui se fust monte apres de cinquante mil francs, et cette despense estant ainsy racourcie, j'espere qu'au lieu que je craignois n'avoir pas assez pour payer les trois mois d'avance et tous les frais qu'il fault faire devant Vembarquement, nous aurons de quoy payer quatre ou peu s'en faudra, et au lieu de cinquante mil escus et plus qu'il eust fallu pour achever ces six mois il n'en fault qu'environ vingt deux mil pour toute la despense de cette flotte, comme vostre Majesté verra par l'estat et quitances que je luy envoieray au premier jour, ne les pouvant retirer que les vaisseaux ne soient prests. Je croy que vostre Majesté doit faire quelque remerciement de cette generosité au Roy de la Grande Bretagne par ses Ambassadeurs et luy en escrire et a Monsieur de Bouquinquam, car la courtoisie est toute entiere: mesme a cette heure que je loue des vaisseaux de tous costez et en ay mesme loué vingt, il y a £355 st. C'est pourquoy j'ay combatu cette courtoisie ne la voullant accepter, disant que ce n'estoit point de louange du vaisseaux du Roy qu'ils tiroient, mais celuy de ceux qu'ils louoient en sa place. Neantmoins apres tout il a fallu passer par leur civilité, à la quelle le Roy de sa bouche a adjousté qu'il estoit au service de vostre Majesté, et tout ce qui dependoit de luy, ce qui rapporte tres bien à ce commencement et premier advis que j'avois donne à vostre Majesté. Monsieur Des Roches est parfaictement instruict de toute cette flotte 174 et entretiendra voste Majesté, il a contribué de son coste tout ce qui se peut pour son service et confesse avec verité qu'il y a grandement servy, et encore que le sujet de son voyage fust cessé à son arrivée, il n'a laissé de le rendre utile, ce que je suis obligé de tesmoigner, car nous avons travaille ensemble avec tout le soin qui nous a esté possible, estant de vostre Majesté.

    Tres humble tres obsissant et tres fidel sujet et serviteur

    D'Effiat.

    Si je n'estois extraordinairement asseuré de la bonté de vostre Majesté je n'oserois luy representer qu'il y a tantost un an que je suis en ce pais sans avoir receu un sol tant à cause de la charge que j'exerce en ce lieu que pour celle de domestique que j'ay l'honneur d'estre pres de vostre Majesté n'ayant rien eu de mes appointemens en toute l'année passée et n'oserois en parler n'estoit la necessité de mes miserables affaires, et les grandes despenses qu'il m'a fallu faire mesme à la mort du Roy, ou j'ay faict revestir de dueil tous ceux de ma maison, et l'arrivée de Madame qui me donnera sujet de les redoubler, estant question d'autres nouvelles livrées, ce que je luy represente avec le moins d'importunité qu'il me sera possible, neantmoins suppliant vostre Majesté de n'y avoir esgard que selon que sa bonté et liberalité accoustumé luy pourra persuader à que je demande de tout mon coeur tres humblement pardon de la liberté que j'ay prise par l'importunité que je vous faicts en vous demandant toutes choses qui sont veritablement pour mon utilité particuliere, mais aussy qui regarde vostre service.

    A Londres ce sixiesme jour de May 1625.


  22. A Warrant from my Lord Admirall for our departure with the fleet for the French Service.

    [State Papers, Domestic, Charles I. ii. 37.]

    1625, May 8. Whereas his Majestie aswell for his brotherly respecte and correspondency with the French King as for other reasons to him 175 knowne hath beene pleased, at the motion of his Ambassador to sett out for his service the Vanguarde (a principall shipp of his owne Navy royall) and further to permitt an agreement to be made with you, the captaines masters and owners of the good shipps called the Neptune, the Industrie, the Perle, the Marygold, the Loyaltie, the Guifte, the Peter and John for the like employment in the said King's service, upon such articles as are interchangeably sealed betwixt the said Ambassador and the Commissioners for the Navy on his Majestés behalf and you (the said masters and owners) for yourselves; and his Majestés pleasure hath been sufficiently signifyed for the putting in readines of all the said shipps which I doubt not is accordingly performed, the occasion of the said King's service requiring all convenient expedicion. Theis are therefore to will and require you and every of you forthwith to call the companies aboarde which have beene raised and fitted to every shipp according to former instructions on that behalf; and then to take the first oportunitie of winde and weather to proceede in your voyage to such a porte in the dominions of Fraunce as the Ambassador shall direct, and there to attend the further directions of such principall person as shalbe appointed Admirall of the Fleete prepared for the service of the French King, Requiring further all Vice Admiralls and officers of the Admiraltie, Captaines of Castells and Fortes, Captaines, Masters and Owners of Shippes, Maiors, Sheriffes, and Justices of the Peace, Bayliffes, Constables and all other his Majestés Officers, Ministers, and loving subjectes and every of them to give you all meete assistance and furtherance and not to hinder or interrupt you or any of your shipps or company in the due performance of the service aforesaid as they will answere the contrary at their perills. From Whitehall 8 of Maye 1625.

    G. Buckingham.

    To my very loving frends Captaine Pennington Captaine of his Majestes Shipp the Vantguarde and to the Captaines and Masters of the seven shipps appoynted for the service of the French King and to every of them and to all others whome it maye concerne. 176


  23. Sir John Coke to Captain Pennington.

    [State Papers, Domestic, Charles I. ii, 74.]

    1625, May 18. Sir, for your better understanding of the Instructions given by the Lord Admiral and specially of the articles of contract betwixt the French Ambassador and the Commissioners of the Navie, I am by direction to informe you first that no clauses therin may bee strained to ingage or imbroile you and the ships and companies under your command in the civil warres of the French, if anie happen: or against them of our religion in that kingdom or elswher: and secondly that the true intention of your imploiment is to serve the French King against the foren enimies and opposers of his honor and state and the interests of both kingdoms and of the common cawse of their confederacie with us at this time: and becawse the states of the United Provinces do herin joyne with us, you are for the better discharge of your dutie and satisfaction to the French cheifly to insist (if you shal bee pressed therunto) uppon this conjunction with them, from which you may not recede or devide in anie wise: and to testifie your union with their fleet, you are to communicate with their Admiral in your intentions and councels and correspond in al good offices of mutual assistance and regulate your proceedings on both parts by this common interest in the service, wherin their ingagement is the same with ours. In other things you must take care to keep peace and good quarter with the French and to advance that Kings service and honor according to the trust his Majesté reposeth in you to that ende: and so in all your worthie indevors wishing you good and happie success I rest

    Your assured frend to serve you

    John Coke.

    Whitehall, May 18, 1625. 177


  24. Captain Pennnigton to Lord Conway.

    [State Papers, Domestic, Charles I. ii. 83.]

    My right Honorable good Lord
    1625, May 22. Let it please you to understand that even now I have received a letter from your Lordship directed to me or to my Lieutenant in my absence by which you had given power to him to have gone away with the fleete, if I had not bene here present and therby condemning me of neglect of his Majesties service. If your Lordship please to remember I had not my dispatches from his Majestie till Thursday last at three or foure of the clocke in the after noone and my last from Sir John Coke not till past six. And the next morning, at seaven of the clocke, I tooke my journey with all expedition towards my shippe, and landing at Gravesend about two, where finding the great Neptune [one of my fleete) ryding, I made some stay to goe aboard of her to speake with the Captaine to know the cause why she was not fallne downe as well as the rest, which I understoode from him to be partly for want of men of which they were not fully supplyed in number as also the badnes of the weather by contrarie windes which kept them from going. And having spent a litle tyme in the ayding of them to proceede, I posted away toward my shippe, arryving at Deale in the Downes the next day (being yesterday) by noone, where I found such foule weather that I am not able yet to gett aboard, neither hath any boates gone aboard or comen a shore this foure dayes, the stress of weather hath beene such; all which if your Lordship please duely to consider (which I doubt not of) you shall find that no neglect hath bene in me for the performance of his Majesties commandes, for I had rather perish then be guiltie therin: therefore I humbly beseech your Lordship to acquaint his Majestie how and with what diligence I have proceeded hitherto and with all that I find many of the provisions for my shippe wanting, without which I cannot goe forward as namely fourscore and one tunnes of beere all my coupers store 178 and part of my bowson, gunner and carpenters store, for all which I have taken order to be supplyed with the best care and expedition I can. Yet may it please your Lordship had all my provisions bene aboard and my whole [company] prepared and bene together and the wynd and weather never so faire. Nevertheles having received a command from his Majestie by Sir John Coke to detract the time as much as I could for the wafting over of the Queene (for which service I was appointed though with privacie) I could not depart without a discharge of that command. Therefore I humbly beseech your Lordship to take these thinges into your noble consideration and that these reasons satisfying your Lordship you wilbe pleased to deliver your opinion of them to his Majestie and beleeve there is none that shalbe more tender to do service to his Majesties honour then my selfe. And thus my good Lord having bene to tedious [torn] which my many particulers exacted I now [humbly] take my leave with request to be continued in your Lordships favour and good opinion and will remaine

    Your Lordships ever humbly to serve you

    J. Penington.

    Deale the 22 of May 1625.


  25. Captain Pennington to Lord Conway.[20]

    [State Papers, Domestic, Charles I. ii. 98.]

    1625, May 27. Right honorable my very good Lord
    I writt to your Lordship the 22th of this Instant in answere of your letter which I received but an hower before, whereby I advertised your Lordship of many things that I then wanted of which I am since furnished with the greatest part and have now all my fleete about me, being readie to take the first faire wind and weather if I have not order to the contrarie for which I humblie beseech your 179 Lordship that I may speedilie receive his Majesties pleasure whether I shall with the first faire wind proceede on my voyage or stay for the wafting over of the Queene according to order given me by word of mouth from Sir John Coke one of his Majestés Masters of Requestes and principall Commissioner of his Majestés Navie Royall. Hiere is also at this instant a new busines falne out, wherewith I hould my selfe bound to acquaint your Lordship. Here is one Monsieur Razilli, Chevalier de Malta came aboard to me and is here with me at this present, who shewes me a Commission from the French Ambassador (the copie whereof I send your Lordship here inclosed) by which he pretends and layes clayme to have principal power and command over his Majesties shipp the Vanguard wherein I serve and all the rest of this fleete in as ample maner as if the Lord Admirall of France or any other noble man of qualitie (whom their King shall appoint) is to have, which is contrarie both to the Articles of the Contract and my Instructions. Therefore once more I humblie besech your Lordship that I may speedely know his Majestés pleasure in this particular as in the former And also that you wilbe pleased to give commandment to the Maior of Dover to furnish me with two sufficient pilots for the Coaste of France one for Deepe and the other for Havre de Grace we being destitute of such and dare not proceede without them wherewith I have acquainted the Maior allreadie by my letters, but he denyeth to furnish me, unles I will contract with them at their owne rates, which I have no power to doe. Thus having no other cause of stay but your Lordships resolution concerning these three particulars and faire wind and weather I humblie take my leave and will remaine ever

    Your Lordships very humble servant

    J. Penington.

    From abord the Vanguard in the Downe the 27th day of May, 1625. 180


  26. Lord Conway to Sir John Coke.

    [State Papers, France.]

    Sir,
    1625, May 21. [?] His Majesty hath beene much moved att the delays of Sir Ferdinando Gorge touchinge the shippe hee had undertooke, and because it will bee the utter ouerthrow of the voyage, if it bee not gonne away presently, his Majesty hath commaunded mee to will and require you by all meanes to hasten it away or els to shew the impossibility of it, I have writen to Captaine Pennington to repaire immediately to his charge, and least his absence should any way hinder the voyage, I have given order to his Lieftenant in such a case to pursue the emploiment. I commende the other busines to your care and myselfe to bee esteemed of you.


  27. Act of Council.

    [Privy Council Register.]

    1625, May 29. Upon remonstrans lately made to this Board by the Marqueis de Fiat, the Lord Ambassador here resident for the French Kinge against Sir Ferdinando Gorge for having fayled in his contract made with the said Lord Ambassador for the making readie of a shipp named and fitted for service and bringing her to the place of rendevouz by the tyme lymited in the said contract (the neglect wherof tended not a little, as was urged by the Lord Ambassador, to the prejudice of the King his master's service) theire Lordshipps much mislyking the carriage of Sir Ferdinando Gorge therein, did then order Sir Ferdinando Gorge to be presently comitted to prison and to make repayment of all such entertaynement as he had received aforehand by virtue of the said contract. Neverthelesse this day it is offered from the said Lord Ambassador (much in favour of the said Sir Ferdinando Gorge) that in case the said Sir Ferdinando shall within three daies next after the date hereof bring good certificate that his shipp is arryved at the place of her rendevouz, manned and furnished as by the contract it was 181 agreed she should bee, that then the said Lord Ambassador would forbeare to take advantage of his former neglects, and the benefitt of theire Lordshipps order; this Board hath theruppon thought fitt and accordingly ordered that Sir Ferdinando Gorge should be called before the table and required to performe the same, or otherwise in case he shall sayle herein that then theire former order be reaffirmed, and the said Lord Ambassador to have the benefitt thereof against the said Sir Ferdinando Gorge.[21]


  1. Captain Pennington to the Earl of Pembroke.

    [State Papers, Domestic, Charles I. iii. 71.]

    1625, June 15. Right Honorable my singular good Lord
    Upon the 9th of this moneth earely in the morning I from the Downes with a south south west winde for the Roade of Deepe with the rest of my fleete. The tyde of ebbe being spent I was forced to let fall an ancker thwart of Folstone to stopp the tyde of floud, having no wind to stemme it. Upon high water I weighed againe the wind coming favourable for us at north east and east north east so that we stood away our cours south and by east, but it continued not long, for about ten of the clocke in the night the wynd vired about to the north and from thence to the north west and blew marvelous hard, with fogg and raine that we durst not put over for the French shore but plyed it offe and on upon our owne coast between Faire Lee and the Nass, doing our best to get in under it to ancker there, which we all did at the last, after 48 howers boylting to and againe with very foule weather, only the great Neptune my Vice-Admirall whom we lost, not knowing what has become of him, but hope they have gotten some place of safetie. Upon Sunday morning the twelfth of this moneth, the weather began to be temperate, so we weighed againe with the 182 wind at south and stood offe east south east; about two of the clocke the wind came up at north-east and east-north-east, then we stood over south and by east and south-south-east with all the sayle we could. The next morning about ten of the clocke we came to an ancker in the Roade of Deepe in ten fathome water in safetie, where we found a very ill roade and foule grounde. And wheras the French Ambassador tould our Soveraignes sacred Majestie that the Admirall of France was here readie to imbarke himselfe with all his provisions, may it please your Lordship I find it otherwise for he is at Paris, to whom I have sent to let him know I am here with seaven sayle of shippes to attend his commandes, and with all humbly to pray him that I may speedelie know how he will dispose of us, for that this is no place for us to stay in, unles the weather were more temperate than we find it, without running a greate deale of hazard. Further your Lordship may please to understand that I cannot learne of any provisions that are here readie, especiallie munition of powder and shott and the like without which I am not able to goe upon any service, I having brought no more out of England then for the garde of the ship hither and backe, being to be supplyed here for the voyage. Neither do I heare of any thing readie only of 1700 souldiers and mariners which ly readie to be put aboard of us, vizt: two hundreth aboard each of the marchants shippes and 300 for my shipp besyde the Admiralls train, which they say wilbe at the least fiftie or sixtie more. This same captaines of the companies which have bene aboard of me delivered unto me. But so it is (if it please your Lordship) that by the Instructions I have under my Lord Admiralls hand, I am to receive no more aboard his Majesties shippe wherein I command save the Lord Admirall or some other principall noble-man of France with such a convenient traine as I am able to accommodate and to stow victualls for And into each of the marchants shippes not above halfe the number of their owne shippes companie. Now how to compose this great difference to give content on both sydes 183 I know not, but will endevor to doe it, (when I shall speake with the Lord Admirall) with the best reasons I can give him. Nevertheles resolving not to infringe the Instructions which I have from my Lord Admirall my shipp being allreadie fully man'd having 250 men aboard, which number is as many as ever she caried, and I am not able to stow my six monethes victualls for them, but am constrained to put 30 tunns of my beere aboard the marchants shippes and yet I want roome in hould to put downe my cables. And upon these reasons I must ground my refusall for receyving any more aboard than I am injoyned to by my Instructions though I know they will press me much therunto by the wordes of the Contract which ly open for them. As also upon another clause in the Contract, which is that we are to feight against any nation that they command us except our owne. Let it please your Lordship further to understand that those captaines which were aboard with me tould me that this preperation was against Monsieur Soubize and Rochel, the like report is comonly bruited upon the shore, though my selfe have not bene there to heare them but as they are brought unto me by those that have bene at the towne. But for this I have a speciall command by a letter from Sir John Coke one of his Majesties Masters of Requestes, in his Majesties name, not to engage my selfe or the rest of my shippes in any of the civill warres of France, or against any of our religion in that kingdome or elsewhere, by which you may perceive in how difficult a busines I am imbarked. Therfore I humblie beseech your Lordship to take these things into your noble consideration that I performing his Majesties commands and my Lord Admiralls, if any complaint shall come against me from the French (as doubtless there will) that your Lordship will be pleased to mediate to his Majestie on my behalfe that I may not be censured till I shall returne to render an accompt of my cariage in this busines. Thus craving pardon for my tedious and rude lynes and humblie desyring the continuance or your Lordships favor and good opinion of me, which I shall ever indevor with 184 my best diligence to preserve, I humblie take my leave, remayning ever

    Your Lordship very humblie to do you service

    J. Penington.

    From aboarde the Vanguard in Deepe Roade the 15th of June, 1625.


  2. Louis XIII. to the Duke of Chevreuse and M. de la Ville aux Clercs.

    [Harl. MSS. 4597, fol. 195.]

    1625, June 17/27. Mon Cousin et vous Monsieur de la Ville aux Clercs l'impatience en laquelle j'estois d'entendre des nouvelles du Roy de la Grande Bretagne mon bon frere et beau frere, et de la Royne ma soeur vous doit faire juger combien m'a esté agreable l'advis que vous m'avez donné de son heureux passage par vostre lettre du 23 de ce mois le quel j'espere estre bien tost servy de leur entreveue que je souhaitte accompagnée de tout bonheur pour nostre commun contentement. Par cette mesme depesche j'ay bienvoulu vous faire s^avoir qu'ayant esté adverty de l'arrivée des huict vaisseaux Anglois à la rade de Dieppe ils ont esté visitez et a esté trouué qu'ils estorent du tout differends du port que j'avois esperé par la promesse qui m'en avoit esté faicte, et nullement conformes au contract passé sur ce sujet par le sieur d'Effiat, et que ceux qui commandent dessus ont dit qu'ils avoient charge de leur Roy de ne recevoir sur le plus grand que cinquante hommes et sur les autres que trente ou quarante, en sorte qu'il y resteroit tousjours au moins deux fois autant d' Anglois de plus que de François. Que les dits vaisseaux ne sont pas artillez comme ils doivent estre, qu'il n'y a pas assez de poudre ny de boullets, ce qui vous fera peut estre bien juger que ceux qui sont sur les dits vaisseaux out pensé que difficilement je m'en pourrois servir au temps que j 'en aurois affaire, veu que les boullets de calibre ne se trouvent pas en un instant en un lieu ou il n'y a pas beaucoup de vaisseaux ne me voullant plaindre que de ceux qui m'appartiennent. Je ne puis que je ne vous temoigne que j'eusse pense que le sieur D'Effiat et le Chevallier de Rasilly que 185 j'y ay envoyé expres pour les visiter eussent fait pourvoir plus exactement a cet armement, de plus qu'ils ne veullent point charger les victuailles qui ont esté preparées a Dieppe pour la nourriture des soldats et officiers François que j'y veux mettre dessus, ce que j'ay bien voulu vous faire particulierement entendre afin que promptement vous fassiez remedier à ces deffaux et y donner les ordres conformes à ce que je puis et dois desirer. Je vous diray franchement que je n'ay pas este peu estonné quand j'ay apris ce que je vous mande, veu qu'apres avoir attendu longtemps ce secours que je desire du Roy mon frere, il semble que je suis privé d'en recevoir aucun fruict par l'estat auquel on m'envoye les dits vaisseaux et par les difficultez de[22] ceux qui leur commandent font de recevoir ceux que l'on a tousjours bien sceu que j'y voulois mettre de ma part. Le Roy mon dit beau frere jugera bien qu'il ne seroit pas raisonnable de mettre mon Admiral avec cinquante françois sur un vaisseau ou il y auroit deux cens cinquante Anglois. Ce n'est pas que je ne tienne les dits Anglois m'estre aussy asseurez que les François, mais il jugera bien luy mesme que la bienseance ne le permet pas. Je m'asseure qu'il connoistra que je fais volontiers ce qu'il m'est possible pour son contentement, ce qui se passe en Allemagne et ce que j'ay dit a mon cousin le Duc de Bouquinquam le justifie assez. Mon dit cousin de Bouquinquam estant Admiral remediera sans doubte à tout ce que dessus, en sorte que vous n'aurez pas grande peine d'obtenir du Roy mon beau frere ce que je demande et qu'il le desirera autant que moy. Ce que j'attens donc c'est un ordre d'Angleterre et un commandement tres expres à ceux qui sont sur les dits vaisseaux Anglois de prendre sur iceux le nombre de François que je voudray, qu'ils recevrout toutes les victuailles et munitious qui leur seront necessaires, et d'autant qu'il y a trop d'Anglois sur les dits vaisseaux pour le port dont ils sont, qui est beaucoup moins que celui dont ils doivent estre. Je desire aussy que le Roy mon frere donne ordre a ce qu'il ne demeure point des 186 dits Anglois s'il se peut sur l' Admiral, et au cas que vous ne le puissiez obtenir, qu'il n'y en ait sur celuy là que cinquante et sur tous les autres a cette mesme proportion et egalité, ainsy que vous le jugerez plus à propos sur les lieux et selon le memoire du port des dits vaisseaux que je vous envoye apres la visite exacte qui en a esteé faicte à Dieppe a leur arrivée, et ferez en sorte que le nombre des Fraçois passe de beaucoup celuy des Anglois. Je desire que vous me rendiez prompte response, car mes affaires ne me permettent pas d'attendre davantage à me servir des dits vaisseaux ou à me resoudre de ne le faire pas, ce que j'aymerois mieux que ne les recevoir à conditions telles qu'ayant l'apparence de quelque secours je n'en puisse avoir l'effect. Vous representerez done mes sentimens tels que vous les pouvez juger et au Roy mon beau frere et a mon dit Cousin de Bouquinquam, et me rendez ce service avec soin et prompte diligence, puisque l'estat de mes affaires le requiert sans aucun retardement, priant Dieu qu'il vous ait mon cousin et vous Monsieur de la Ville au Clercs en sa saincte et digne garde.

    Escrit a Fountainebleau le vingt septiesme jour de Juin 1625.

    Signé Louis,

    et plus bas Potier


  3. Captain Pennington to Mons. d'Ocquerre.[23]

    [State Papers, France.]

    1625, June 15/25. Monsieur,
    Je vins mouiller l'ancre ycy lundy dernier environ dix heures du matin avecq sept navires, l'autre navire nous estant egaré par une grande tourmente quy nous tomba dessus, et selon le commandement du Roy mon maistre je envoya incontinent à terre par le Chevallier de Rasilly quy vint passager dans mon navire, luy ayant esté employé pour veoir cette flotte accommodée et equipée pour faire entendre que nous fusmes arivés, et aussy suivant les articles du contract pour attendre les commandements du Roy tres Chrestien, et davantage d'advertir que en ce lieu cy, nous ne pouvons demeurer 187 long temps, la rade estant dangereusse et le fond sy mauvais, car nous avons desja receu de la perte; et pourtant, monsieur, je desire tres humblement que nous pouvions avoir nostre despeche hors de ce lieu avecq prompte expedition, vostre Ambassadeur ayant promis au Roy mon maistre que nous ne demeuririons ycy quarante huict heures, et que touttes les previssions estoient embarques pour mettre dans nos navires. Mais, monsieur, quil vous plaise d'entendre que je trouve tout autrement: premierement il ny a ycy ancun principall Seigneur de France avecq commission de la part de Sa Majesté tres chrestienne pour nous commander selon l'accort que porte le Contract ny n'avons aucune ordre expresse de sa dite Majesté pour ce que nous debvons faire, nous n'estant á suivre les directions d'aulcun quy ce soit, sinon coeus de Sa Majesté tres chrestienne ou tel grand Seigneur quy aportera quam[24] luy une Commission du dit Roy. Au surplus nous ne debvons pas bouger d'ycy pour son service sans pouldre et balles et autre munition les quelles nous ont esté promisses pour ce voyage; nen ayant aporté davantage hors de l' Angleterre que pour la guarde de nostre navire jusques icy et pour nostre retour, delaquelle nous avons despendu grande quantite en salutations; et au reguart que cette place est dangereuse et la temps fort mauvais, cy[25] les provisions pour nos dictz navires ne sont prestes à l'instant, nous serons contraints de nous retirer à nostre coste ou à Douvre on à l'Isle de Wight selon la commodite du vent, ou nous serons tousjours prest de retourner ycy ou aller de toutte part ailleurs ou il plaira a sa Majesté tres chrestienne nous appeler et vous supplier de signifier á sa dicte Majesté d'expedier ce gentilhomme que j'ay envoié expres vers vous pour cette affaire: ainsy en vous baisant tres humblement les mains je demeure

    Monsieur
    Votre tres humble Serviteur

    J. Penington.

    D'Abord l'Avantguarde à la rade de Diepe le 18emes jour de juin stilo veteri 1625. 188


  4. Mons. d'Ocquerre to M. de la Ville au Clercs.

    [Harl. MSS. 4597, fol. 198.]

    1625, June 20/30. Monsieur,
    Vous aurez peut estre jugé la despeche pressante que vous apporte vostre courrier mais ce n'a pas esté sans sujet, car je vous puis dire que ceux qui comraandent aux vaisseaux Anglois sont tellement attachez aux commandemens qu'ils ont de leur Roy et aux termes des contracts, qu'ils ne veullent en aucune maniere se relascher de leur resolution premiere. Il est vray que leur contract dit qu'ils y auront deux cens cinquante Anglois sur le vaisseau nommé Admiral, et qu'ils[26] n'en sont pas plus recevront à la volonté de Monsieur l' Admiral ou de celuy qui commandera de la part du Roy tel nombre de soldats et tel commandement qu'il voudra, cela semble estre indefiny, mais la clause qui suit est captieuse (avec tous les biens que seront mis abord du navire pour l'usage du dit Admiral et soldats, à condition qu'il les pourra raisounablement charger et porter, outre ces propres victuailles cordages et appareils) leur resolution done est de suivre les dits termes du contract, qu'ils recevront Monsieur l'Admiral et son train jusques au nombre de quarante on cinquante hommes, que le vaisseau n'en peut porter davantage outre les deux cens cinquante Anglois qu'ils ont, qu'ils ne peuvent charger que les victuailles que pour le dit trein et cinquante personnes conformement à la susdite clause que le vaisseau n'en peut porter davantage: adjoustant que si Monsieur l'Admiral ne vient bientost qu'ils ne peuvent attendre que peu de jours, et disent les officiers et soldats tout haut qu'ils ne veullent combattre contre Mons. de Soubise et les Rochellois, ce que vous verrez par les lettres que je vous envoye qui vous justifieront leurs mauvaises intentions. Voila Monsieur le sujet de cette seconde depesche qui merite bien que vous y donniez ordre pour faire Monsieur l'Admiral 189 de peine, et pour faire en sorte que ces Capitaines Anglois obeissent conformement à ce qui est porte par la premiere depesche que vous avez recue, car si vous n'obtenez un commandement tres expres, je ne voy pas que le Roy puisse tirer aucun service de ces vaisseaux, et sera tres mal aise d'obliger les Capitaines Francois d'y servir, ne les jugeans ny de service ny commodes pour embarquer le nombre de leurs soldats, qui n'est que trop grand pour la petitesse des vaisseaux. Ils les trouvent tres mal artillez sans boullets ny poudre, et de faict je leur ay faict ordonner trente milliers de poudre grosse grenée de la quelle ils avoient besoin: ils n'ont point de boullets et n'en scauroit en trouver en France de leur calibre. Jugez en quel estat nous sommes, ce n'est pas pour joindre la flotte de Hollande qui est partie le douziesme de ce mois pour aller chercher Monsieur de Soubise qui est entre dans la riviere de Bourdeaux ou Monsieur de Thorax avec partie du regiment de Champagne l'alla visiter jusques a Castillon, ou il la contrainct de reprendre ses vaisseaux avec perte de ses gens et de partie de son bagage jusques a ses matelots; les pay sans ayant tué ceux qui s'estoient escartez d'effroy. Si vos Anglois et nos Hollandois vouloient faire effecte ils en ont l'occasion belle; le Roy mande Monsieur Gueffier le venir trouver: l'on en a besoin je ne scay pas pourquoy. Je suis Monsieur

    Vostre plus humble et tres affectionné Serviteur

    Docquerre.


  5. Louis XIII, to Captain Pennington.

    [State Papers, France.]

    1625, June 21, July 1. Monsieur de Penington, Mon Cousin le Duc de Montmorancy pair et admiral de France s'en allant par dela pour recougnoistre les vaisseaulx Angloys que vous avez amenez aux Hades de Dieppe et lui commander comme est l'intention du Roy de la Grand Bretaigne 190 mon bon frere, je vous ay voulu escrire ceste letre pour vous mander de le recougnoistre et luy obeir en la dite qualité sans attendre aucune commission ou pouvoir que la presente, attendu que sa charge d'admiral est suffisante pour le dit commandement auquel m'asseurant que vous vous accommoderez, je prie Dieu qu'il vous ayt, Mons r de Penington, en sa sainte garde. Escrit a Fontaynebleau le premier jour de Juillet 1625.

    Louis.
    Docquerre.


  6. M. d'Ocquerre to Captain Pennington.

    [State Papers, France.]

    Monsieur,
    1625, June21/July 1. Votre lettre du xviij du passé stilo vet. m'a esté rendue le premier de ce moys, pour la quelle vous me donnes advis d'avoir mouillé l'ancre a la Rade de Dieppe avec sept vaisseaux d'Angleterre, attendant le huictiesme, et me faictes congnoistre l'ordre et le commandement que vous aves du Roy de la Grande Bietaigne, ce q'uayant sceu le Roy a faict partir Mons r l' Admiral de France avec ordre et commandement de sa Majesté de recongnoistre lestat des dits vaisseaux Anglois et d'ordonner ce quy reste a faire pour se servir à ce qu'ilz ont esté destinez. Ce seroit rendre un mauvais service à Sa Majesté de les retirer a l'isle d'Wicq ou Dunes d'Angleterre et perdre du temps, puisque les capitaines François, soldats, et victuailles sont sur pied et prepares, et semble qu'il ne reste plus rien qu'a les faire embarquer, que vous pouves suivant mesme l'intention du Roy de la Grande Bretaigne, et sans vous arester aux termes et closes du contract, vous sevir[27] a de celle quy porte expressement que Monsieur l'Admiral de France ou le Seigneur Francois quy sera envoyé de la part du Roy pour y commander poura mettre tel nombre de soldats et victuailles qu'il voudre; reflect de la quelle Sa 191 Majesté se promet que vous effectures, et desire que ce soit jusques à tel nombre de soldats et quantite de victuailles qu'il jugera nesessaire pour le bien de son service: que les vaisseaux d'Hollande ont sejourne aux rades de France un long temps en plus mauvaisson[28] que cellecy sans y courre fortune. Ce que vous ne debves pas craindre vous asseurant qu'apres avoir veu Monsieur l' Admiral de France qu'il ne vous y retiendra que peu de jours, car vous esloignant ce seroit faire au Roy un tres grand deservice et du quel Sa Majesté auroit subject de se plaindre au Roy vostre Maistre. Puisque la poudre vous manque, jay donne ordre qu'il en sera envoyé trente milliers de grosse grenée: pour les boulettes, il ny en a point de calibre cy ce n'est qu'il s'en trouve à Dieppe, auquel cas Monsieur l'Admirall en ordonnera sur les lieux. Vous recepvres donc Mons. les ordres du Roy qu'il vous porte, sans aucune pouvoir ny commission que celuy quil a du Roy, et quy est deub á l'auctorite de sa charge n'estant la coustume de France de luy donner aucune commission que le seul commandement de la bouche de Sa Majesté. Vous baisant bien humblement les manis Je demeure,

    Monsieur, Votre tres humble serviteur,

    Docquerre.

    De Fontainebleau ce premier Juillet 1625.


  7. Thomas Lorkin[29] to Secretary Conway.

    [State Papers, France.]

    Right Honorable

        *     *     *     *     * 
    
    1625, June 22/July 2.

    This was all I meant unto your Lordship at this present, but that a curryer from Captayne Pennington (even when I was going to putt pen to paper) ministred occasion to me of a voyage to Fontainebleau, whereof I thinck fitt to give your Lordship an accompt. 192

    First therefore (according to his desire) I represented the long stay he had made upon the coast of Diep (very hazardous for his ships) in expectation of some order from this King according to your contract: That at his setting forth from England it was assured him by the French Embassador, that he shoulde finde all in that readines heer as when he came at Diepe he should not need to tarry foure and twenty hours for prosecution of all that was to be done, where yet he had wayted full eight dayes.

    That the contract imported, that either the Admirall (or some principall nobleman) of France should be there ready, with commission from this King to direct the employment of those ships; that in all this tyme none such appeared.

    A default there was likewise for poudre and shott, which this King ought to furnish and yet no order taken for the supplie.

    The number of French soldiers to be receyved into the ships was limited by the contract to the capacity of the sayd vessels with respect unto the stowage of a due proportion of victuals for them. And yet such a multitude was pressed upon him as the ships could not receyve one third. .

    For all which things I desired, in Captaine Penington's name, that speedy order might be given, or otherwise he must be forced to depart, and (for better safety) to retire with his ships upon the English coast, there to attend this King's summons when he should be ready for him.

    I addressed myself first to the Cardinal, who, though sick in bed, yet admitted me to him. To whom after I had propounded the particulars he tould me how the King had allready given order for the Admiral's departure to goe and see whether, according to the intention of the contract, the ships would receyve him, yea or not: that they were heer much deceyved in their expectation, for neither the capacity of the vessels, nor greatnes, quality nor number of ordinance answered what was promised, that the friendship of this King merited better at the King of England's hands, for whose sake alone he had engaged himself in the buisines of the Palatinate, and (after the first 193 tyme expired) had revived his promise at Compiegne to continue his contribution as long againe, and had hetherto made due monethly payment, and so meant to doe for the future: that he had offred further a new succor of 2000 horse for Count Mansfeld and would be ready to perform it whensoever the King of Greate Brettain would require it: that he intended further a million of francks to the King of Denmark for the maintenance of his army (but alas, the fatall newes is come of his death[30]) all which was done for his Majesties sake alone, who badly requited it, if he thus frustrated his hopes by such unexpected difficulties as were now offred. That if they were persisted in, the King of France could not serve himself of the ships, but must sett downe by the losse and though he sayd nothing yet assuredly he would have thereof quelque sentiment.

    I desired him not to burden his Majestie with causelesse complaints, that his Royall intentions were as cordiall and friendly to this King as his owne heart could desire: that he had witnessed no lesse by the strict commaundement he had layd both upon the Admirall and Captaines to followe precisely such order, as (by the contract) the Admirall of France should direct them unto: that these were so farre from disobeying, as they complayned of the delay of execution. But what appearnce, quoth he, that the Admiral of France should putt himself into a ship, whereof he cannot be the absolute commander. So long as he keeps within the intention of the contract (replied I) he needs not feare or misdoubt the commaund, for the English are charged to receyve lawe of him, and so many English as there are, so many servants will he finde. Nay then, lett me tell you (quoth he) that they have openly given forth that the^y will never fight against any of their owne religion nor against Soubize, and yet this is the end why these ships were contracted for. I made the like reply to this and sundry other particulars which I did afterwards to Monsieur D'Anquaire to whom by reason of the Cardinals indisposition he referred me for resolution, who entred with me yesterday into a long discourse, the effect 194 whereof (together with my answers) your Lordship will finde in the coppie of a letter of myne to Captayne Penington, which (though tumultuarily written by me) I have caused to be transcribed to make my owne letter the more compendious to your Lordship. To whom (after I shall have added that which I had allmost forgott, that the Duke de Vendosme, having gott newes of the approaches of this fleet, hath summoned all the chief of the nobility of Bretagne to oppose themselves against their landing upon that coast, as those that acknowledge no Admirall for that province who is not a Bretton by birth) I heer most humbly offer myself and life to doe your Honor service in quality of

    Your Lordships most humble, most fathfull and obedient servant

    Tho. Lorkin.

    Your Lordship had receyved this dispatch two dayes sooner but that my journey to Fountenbleau forced this delay: Heerwith your Lordship will finde divers copies which will not be unworthy your Lordship's perusall.

    Paris this Weddensday Evening being July the 2. 1625. stilo. novo.


  8. Thomas Lorkin to Captain Pennington.

    [State Papers, France.]

    Noble Syr,
    1625, June 22/July 2. No sooner had Mr. Ingam signifyed to me his employment from yow, but I readily offred him all the assistance I could. I first imparted the matter to the cardinal, who being indisposed referred me to the same Secretary of State to whom yow directed your letter, Monsieur d'Aucaire; who after he had read your letter entred into a long discourse with me, first telling me that the Admirall was allready gone to prevaile himself of those ships for this King's service; that hee needed no commission (neither indeed could take any without wrong unto his place) for there were two great offices in France, the Constable and his, that never tooke any 195 other commission then the commandment from the King's owne mouthe. All other persons of whatsoever quality did. And when I replied that howsoever this might serve at home, in their owne domestique affaires, yet strangers tooke knowledge of no such priviledges. He tould me (if I would) he would send the king's letter to certify as much, so to take away all scruple, and herewith you will receyve it.

    For poudre and shott, he pretended that, by the contract, you were to furnish them, and for the latter it was impossible for France (as not knowing the calibre or bore of the ordinance), and when I replied therto, that if the contract obliged you to any such provision I thought it was to be restreyned to what was necessary for your ordinary defence and not for combat, he answered that so indeed you interpreted it, but if that were your intention it argued a great weaknes in the contractants of their part.

    In fine, to take away this obstacle, he had sent thirty thousand pounds of pouldre, but for bullets, if Diepe could not happily furnish them, they must needs be supplied from England.

    Next he complayned of the paucity of men which you would receyve, which was not above 40 or 50 in the King's ships and this was but the first proposition of the English that were in it, and much about that rate the rest. That the Admirall's ordinary traine exceeded that number by two thirds at least; and appealed to me, whether I thought it fitt that the second great officer of this Kingdom who for his bloud and wealth came next after the Princes should be abridged of two-thirds of his ordinary attendance, and putt up in a ship amongst strangers, where the strangers commanded. I desired him not to accompt of the English as strangers, but friends, and assured him of as ready service from them as from the French, and that I knewe you had commandment from his Majestie to shew him all possible respect, and according to the contract to receyve lawe in everything from him; and that therfore he might be assured to finde so many servants as there were English. He told me he beleeved no lesse, and had heard of the 196 charge which his Majesty gave you, which was word for word related to him, and gave wondrous satisfaction to this King and state, but yet againe demanded of me whether I thought it meet for a personage of the Admiralls ranck to be so narrowly stinted to his number. I answered that you stinted him not, but their owne contract, which you were ready punctually to observe. The contract, sayd he, gives liberty to putt as many abord as the Fr. King shall please, but that (replied I) must needs receyve restriction, according to the capacity of the vessel. Indeed (quoth he) such a clause is captiously inserted, which contradicts the former, and indeed overthrows it, for what avails it to give us liberty in the first words, and to take it away in the next. I excepted against the word (captiously), and shewed the limitation to be necessary even out of ordinary providence, which neither allowed a vessel to be overburdened nor to receyve more in then there was stowage for victualls for them; why then (quoth he) lett the English Admirall sett some of his owne men on shore to make roome for French. I told him, that I conceyved your number was limited by the contract and that it deed not exceed it. He confessed it to be true. Why then, inferred I, there is no reason why you should require it should be diminished; neither can the English Admirall doe it, without expresse warrant from the King our master.

    If the King of England (quoth he) will deale friendly with the French King, he will call all or most of the English soldiers home that rome may be made for the French. I tould him I thought he would not judge it honourable for the King (that I called not the safety in question) to leave his vessels without a sufficient guard of his owne subjects.

    He quarreled then against the vessels themselves, which he sayd did not answer in any sort the French King's expectation, nor satisfy the intention of the contract; for whereas by aggreement they ought to be 800 tunne a piece at least, none (the Roberge[31] 197 excepted) is above 500. I told him I was no good seaman but I thought when we esteemed the vessel by the tunne we comprehended therein tunnage and all, that is to say masts cabels &c. and that when his Majestie the King your master hires any ships for his owne service (wherein the price is proportioned to the tunnes) the number of tuns is so reckoned. And I did not think, but (according to the ordinary language of seamen, at leastwise of our country) the contract that was made was most exactly performed. Indeed (sayd he) by that equivocation they save themselves, but therin they have overreached us, who number the tuns according to the fraight a ship will bear, and so had provided both our men and victualls. I answered that they that contracted for them were upon the place, and either sawe and visited (or at least ought so to have done) the vessels that they aggreed for; and that they were able to have clered that point to them. In fine, he was forced to cast all the blame upon their owne contractors, for where I pressed him whether he could complayne ether of the King our master or of the Ministers of State, or of yourself and the other captaynes that commanded under yow, he confessed ingenuously he could not, but must accuse their owne improvidence.

    But yet one thing he taxed us for, that those that were in the ships gave forth openly that they would neither fight against them of the religion nor Monsieur de Soubize, against whom notwithstanding this shipping was principally intended; nay went further as to sweare they would soner endure to be cast over shipbord into the sea then they would drawe their sword against him. I desired to knowe whether he could verify the accusation by any good proofes. He answered yes. Next whether he could charge either yourself or any of the captaynes and comanders under you with any such language. He told me, but that yow had in that point carryed yourself with all the discretion that was possible. Why then (quoth I) it skils not what some few of the common soldiers babble, you knowe it is a hard thing to putt a bridle to every bodies tongue; but when it comes to execution and action you will finde that none 198 wilbe so hardy as to disobey their commanders and captaynes; but in the interim I thinck yow shall doe well to restreyne that liberty of speech if there be any such, for feare it prove offensive.

    In the last place, touching your stay upon the coast of France or retrait upon the coast of England (which was more safe) he seemed at first to be very indifferent, saying that so the other things were accorded it conduced no lesse to the French King's service that you rode upon our owne coast then if you did upon theirs; yet since, he hath changed his mynde and written to you to a contrary tenor, summoning you likewise to receyve such French as the Admirall shall please to enjoigne unto you. He showed me the letter and intreated me to write likewise to you to the same effect: but I answered him that I could not persuade yow to ought that was contrary to your commission or the contract, and though I should, yet yow were to wise to hearken to me so advising yow. For it imported no lesse then your life to transgresse the order his Majestie had sett downe unto yow and appealed to his justice and reason whether he would desire that at your hands. He sayd, he was bound to desire that which availed most for his master's service but yet could not complaine of yow, if yow obeyed the order that was commanded yow.

    Yow have a tumultuary accompt of the chief things that passed. I remitt all to your wisdome, how yow will shape your answer and course. Yf my poore endeavours may be any wayes usefull I pray commaund me; who (not onely out of the humble duty and obedience that I owe to his Majesties service, but my affection to yours) wilbe most ready to execute to my power what yow shall command and that in qualitie of

    Your most humble and faithfull servant

    Tho: Lorkin.

    Paris in extreame hast this 2 of July 1625. stilo novo.

    199

    I had forgotten one complaint against the artillerie of the Marchands' ships, which neither answers for the matter, number, nor bignes what they pretend heer to be stipulated. I answered that I thought the contractants had taken due surveigh of all in England and approved of them and was confident that nothing was altered since.


  9. Louis XIII. to the Duke of Chevreuse.

    [Harl. MSS. 4597, fol. 213b.]

    1625, June 24/July 4. Mon Cousin,
    La lettre que vous et les Sieurs de Lomenie et d'Effiat avez addressée a la Royne, Madame ma mere, en response de celle que je luy avois escrite pour vous faire sçavoir mes intentions sur les propositions que luy avoit faictes le Duc de Bouquingham: m'a esté rendue, comme j'ay tout sujet de me contenter de la diligence que vous avez aportée pour satisfaire à ce qu'elle vous avoit ordonné, je trouve pareillement bon que vous n'ayez point parlé au Roy de la Grande Bretagne Monsieur mon frere des dites propositions, puis que le dit Duc[32] … que je seray tousjours bien aise de favoriser, vous a prié de ne le pas faire, et reconneu ingenuement que ce qu'il avoit dit à l'Ambassadeur de mon oncle le Duc de Savoye estoit de son mouvement seul et sans ordre du Roj son maistre, l'alliance duquel m'est en telle consideration qu'il peut s'asseurer de mon amitié et du secours des deux mil chevaux que j'ay accordez à Compiegne. Que si j'ay desire scavoir à quoy il les destinoit il peut juger que j'ay grande occasion de le faire, puisque le project general pour lequel la dicte cavallerie m'estoit demandée ne s'execute point: vous ne presserez neantmoins davantage pour scavoir à quel effect il les veut destiner; mais taschez secretement d'en descouvrir le dessein, cependant vous pouvez asseurer des deux mil chevaux, pourveu qu'ils soient payez des deniers du Roy mon frere et que ses vaisseaux les viennent 200 prendre à mes havres et ports comme j'estime que c'est son intention. Cette assistance luy sera donnée de bon coeur et d'une mesme volonté que je croy qu'il a l'octroy des vaisseaux qu'il me preste, lesquels toutesfois ne veullent faire ce pourquoy ils sont venuz. Car ces gens sous pretexte d'un contract qu'ils interpretent subtillement, pretendans que pour vaisseau de six a sept cens tonneaux il y aura deux cens cinquante hommes je ny peux mettre que cinquante des miens, et ce qui me donne plus d'estonnement et sujet de me plaindre d'eux, c'est d'avoir dit et declaré qu'ils n'entendent servir centre Soubise ny centre les Rochellois, ce que le Roy mon frere n'approuvera pas asseurement, attendu qu'il a tousjours sceu à quoy je les voulois employer, et que je ne puis doubter de sa bonne volonté au bien de mes affaires non plus que luy de la mienne a l'advancement de ses desseins c'est ce qu'il scaura par vous et par les Sieurs de Lomenie et d'Effiat, comme je vous en prie et de leur communiquer la presente que j'ay faicte pour tous, encore qu'elle soit addressée à vous seul: que je prie Dieu avoir et eux pareillement mon cousin en sa saincte garde.

    Escrit a Fontainebleau se quatriesme jour de Juillet 1625.

    Signé Louis.


  1. Captain Pennington to the Duke of Montmorency, Admiral of France.

    [State Papers, France.]

    Monsieur
    Il est asseuré le 14eme jour qae nous avous avec grand hazard 1625, June 27/July 7. demeure en ceste rade perilleuse, ou quelques uns de nous avous rompus et tous rongeé les cables, tellement que nous sommes constraint, de nous enlever d'icy pour retirer à nostre coste ou aux Dunes ou à l'Isle de Wight à l'un ou à l'autre selon que nous trouverons le vent nous favoriser, ou nous nous tiendrons prest de nous rendre à la premire semonce instamment à la place que vous nous 201 commanderez, et en ce petit retrait nous tascherons trouver nostre Vice Admirall pour nous rendre plus fort a vous faire service à nostre retour. Car nous peusons que vous ferez quelque residence par de la pour faira l'accomplissement de toutes choses pour vostre voyage qui demeurent encor à faire. D'avantage Monsieur que je me tiendray prest non seulement de me rendre ou me commanderez a vostre retour, mais à toutes heures et à toutes occasions de vous faire tel service que j'espere vous le trouveres agreable. Et que quand vous aurez Monsieur, eu experience de mon integrité, je ne doute rien que cela veut lever toute difficulté et meffiance que vous puissies avoir de moy en ces affaires. Et jusques alors je n'ay autre recours que de vous suplier de donner foy à mes parolles lesquelles n'ont esté ny ne seront jamais contaminé de faintise ou dissimulation. Et moy pour tous les gens qui sont dans mon navire et tous les autres capitaines des autres navires mettrons toute peine et diligence de les vous rendre en obeissance. Dernierement, Monsieur, j'ay receu si grande liesse d'avoir entendu (par le gentilhomme que j'envoyoy vers vous le matin de vostre parlement) le bon opinion qu'il vous a pleu luy dire avoir de moy, que je tascheray de faire plus (s'il est possible) pour vostre service que j'en aye dit. Ainsi Monsieur, en vous baisant tres humblement les mains, je prie Dieu qu'il vous aye en sa sainte garde et demeureray à jamais

    Monsieur, Vostre tres humble serviteur

    J. Penington.

    D'board l'Avantguarde a la Rade de Diepe le 27 Jour de Juin 1625, stilo veteri.


  2. The Duke of Chevreuse and M. de la Ville aux Clercs to Louis XIII.

    [Harl. MSS. 4597, fol. 207.]

    Sire,
    1625, June 27/July 7. Nous voudrions bien que vostre Majesté receust plus de contentement 202 sur le faict des vaisseaux dont elle nous avoit commandez de parler qu'elle n'en recevra et que nostre entremise eust esté avec plus d'effect, mais il nous a este impossible d'obtenir rien contre la teneur des contracts, aussy a les bien considerer vostre Majesté peut estre servie, non que deça l'on ne se soit efforcé de nous persuader le contraire mais vainement l'une de leurs propositions premieres et qui nous a pense porter a rompre avec eux fut. de doubter si les Anglois estoient obligez de servir vostre Majesté contre qui que ce fust leur Souverain excepté, surquoy nous nous trouvasmes fortifiez de la teneur du dit contract et de la raison, trouvans a redire que l'on eust faict semblant de vouloir distinguer entre le Sieur de Soubise et les autres Huguenots de France qui se joindroient à luy et de cela nous estans hautement plaincts et demandes que les contracts dont ils pretendoient tirer advantage fussent eu tous leurs chefs exucutez, enfin ils ont acquiesce a faire escrire aux Capitaines des Navires d'y recevoir tout autant de soldats qu'ils en pourront porter et sur peine de punition d'obeir aux officiers de vostre Majesté en la flotte et de servir contre qui qui leur sera commandé le Roy de la Grande Bretagne et son grand Admiral entrans pour pleges que ce sera fidellement, nous voulons croire Sire que ce dernier poinct sera executé et l'autre mesme duquel devant estre tiré advantage, nous osons dire a vostre Majesté que ne faisant charger nulles victualles a ses bords la pour les soldats qui y deboront estre ains dans despataches pour les suivre nonobstant leur sophisterie vostre Majesté aura son compte et sera maistre absolu des vaisseaux des quels ils ont soustenu et particulierement de celuy nommé l'Avantgarde ne pouvoir diminuer le nombre des matelots comme estans necessaires a le conduire et desquels vostre Majesté n'estant obligée a aucune restitution en cas qu'ils eussent a perir les oblige a les mettre en seureté, et mesmement estant leur force et la deffense de leur estat, nous esperons avoir domain ou mercredy au plustard les ordres cy dessus desduicts lesquels nous envoyerons a l'instant, mesmes a Monsieur de Montmorency et ce par l'un des courriers qu'il a pleu a vostre Majesté depescher afin d'advancer autant que 203 nous pouvons ce qui est de vostre service qui requiert que l'on donne contentement au Sieur Vanelly correspondant de Burlemaky le quel de bonne foy s'éstant obligé pour vostre Majesté ne seroit raisonnable qu'il fust en peine pour une affaire ou il n'a autre profit que celuy de servir vostre Majesté.

        *    *    *    *    *    *
    
    
    
    
  3. Captain Pennington to the Duke of Buckingham.

    [Melbourne MSS.]

        *    *    *    *    *    *
    

    1624, June [33] in 200 men a peece, but at last they came to 130 a peece, or else they must goe along with them to Paris, with many threatening wordes and ill language; and the other 70 for each shippe to make up their 200 should be carried in pataches as aforesayde: yet this they could not draw them to, but they were content to take in 50 a peece, which was more then they had authoritie to doe by your Graces commission, which I reade unto them. How be it that would not satisfie him, but he left them in a chafe. The 26 day after diner he went away for Paris to acquaint the King as aforesayde, without leaving any order for us in the world. Now, the weather being foule, and likely to be worse, I wrote a letter to him that night, and sent it ashore to be conveyed after him (the coppie of which you shall likewyse herewith receive) whereby I advertised him that for the safetie of our shipps, we resolved to retyre our selves to our owne coaste, where we should attend his further pleasure, and be readie upon the first sommons to repaire to the same place, or to any other where he should appointe us. And upon these termes we weighed about 12 a clocke at night with the tyde of ebb and the winde at south-west and by south, and stoode over west north west and west and by north for the Isle of Wight, but the wind would not suffer us to recover it, but forced us to the Ness. But to returne againe, and give your Grace an accompt of our usage at Deepe, they have sleighted and viliefide our shippes, and used 204 many threatening and disgracefull wordes against us all, as these captaines which come along with this bearer can relate unto you; as also how the souldiers that they would put aboard of as are most of them mariners in the habit of souldiers and that they have made all officers of mariners from the captains to the lowest officer to command in our shippes over us; this they speake freely to our owne people. Now, insomuch as I have a commission from your grace for the absolute command of myne owne people, as also of the rest of the fleet, and that I should receive no more men aboard then the Admirall with convenient traine, nor suffer any of the marchants' shippes to take in more then half their shippes companie: therefore I humbly beseech your Grace not to intertaine any complaint that they shall bring against me for maintaining your commands (which they have threatened me with) but that I may have your gracious favour to answer to any thing they may object against me. Further let your Grace be pleased to understand that the cause of my coming over was principally to make knowne unto you that their designe is only against Monsieur Soubize, as they have freely declared unto us, for which I have an absolute command by a letter from Sir John Coke in his Majesties name, not to engage or imbroyle the shippes under my command in the civill warres of France, or against any of our religion in that kingdome or elsewhere. Yet nevertheless I have put them offe upon faire termes untill I know your Grace's further pleasure: for, if I should have received them aboard with a promise to have gone on in that action, I could not have falne offe without scandale and dishonour to our nation, whereas now there is tyme to prevent yt. Moreover our men in generall say they will rather be hanged or throwne over board then they will fieght against him, as your Grace may perceive by a petition (herewith inclosed) which my companie delivered unto me the same day the Admirall had bene aboarde me and declared this unto us, and for the companies of the marchants they farre more distast it then ours. 205

    Thus humblie beseeching your Grace to take these things into your serious consideration; and if it be your pleasure I shall proceede in this service; that I may speedely receive directions from you upon what termes I shall goe on, and I will carefully and punctually obey them. In expectation of which I tary here with my fleete at the Ness in hope to have your Grace's sudaine resolution, and for any further relation of these buisinesses I referr it to the report of these captains. Thus humblie desyring still to be continued in your Grace's favour and good opinion I humblie take my leave, ever remaining

    Your Grace's most faith full and obedient servant

    J. Penington.

    From aboard the Vangard by the Ness, this 28 of June 1625.


  4. Mr. Thomas Lorkin to Lord Conway.

    [State Papers, France.]

    Right Honorable,
    Fontainebleau, June 28/July 8, 1625. The opportunity of this bearer gives me means, first of repayring the fault which my memory made in my last of the second of this present, where for Maletour, your Lordship will finde Malotra; next of giving an accompt of what hath happened since.

    Where, in the front, your Lordship may read Gondemar's taking his leave of this King upon Satturday last, without touching any other matter then meer compliment; but the same belief which I intimated before prevailes still, that he hath left instructions with the legat to proceed according to the tenor of my last. Wherof there are these new presumptions that Pamphile (Auditore della Ruota) and the Secretary of the Legation have had long and frequent conferences with the sayd Gondemar, and sometymes two in one day; besides the interchangeable visitts betwixt him and the Legat. Yet does this man temporise still without discovering himself further 206 then for a cessation of armes; either in hope this state will be so embroyled as they wilbe glad to listen to any conditions; or perhaps to prevaile himself of the jealousie that this state may conceyve upon Gondemar's arrival in England, in case his commission lie thither, as is thought after he hath been with the Infanta at Brussels, as if there he were to commence some treaty to this King's prejudice. And some have discovered such feares to me allready, which I have endeavoured to prove vaine, by letting them knowe what a deafe eare he will finde to any ouverture his tongue can utter; sith we knowe him and his tricks too wel to be, a second tyme, deceyved by him. At his departure he was presented with a buffet of plate of two thousand crownes. There was ordeined a jewel of that valew, but the young Queen being carefull to provide that he should not be deceyved, procured the order to be changed as above. Before his departure, the Savoyard Embassadour went and saluted him; but to avoyd jealousy, tooke some French along with him to be witnesses of what passed, which was but to give a very brief compliment.

    The same day the Holland Embassadour had audience and made remonstrance and instance according to the tenor of the letter enclosed. The King referred him to his ministers. The cardinal and Schomberg, to either of whom he delyvered a copie of the abovesayd letter, but negotiated chiefly with the latter, with whom he had on Sunday last very hott language. For Schomberg importunately pressing a succour of twelve ships more, the Embassadour in plaine terms told him, Vous nefaites que brouiller. Vous nous faictes fournir des vaisseaux soubs pretexte de les vouloir employer à la guerre d Italie, puis vous avez desseing ailleurs. Vous nous demandez, soubs le mesme pretexte un nouveau secours de navires, et cependant vous traictéz avec le legat. And afterwards the sayd Embassadour pressing somewhat peremporily; as well the payment of ould arrierages, as new supplies; Count Schomberg told him, Vous nous voulez menaçer, ce me semble. C'est parler trop hault, et bien loinq de nous prier; wherunto the other promptly 207 Nous ne vous menaçons point, mais aussy nous ne sommes pas gueux, pour aller prier ou mendier. Nous sommes vos amys et alliez, et non pas vos esclaves pour vous venir supplier. The effect of this quick negotiation was; first of generall promise of whatsoever they should desire, then particularly of full satisfaction to these following demaunds of his. 1. That the fourty thowsand crownes (heertofore defalked from their allowance, and converted to Mansfeld's use) might be presently rendred. 2ly that the thirty-eight thowsand livres, which the States lent unto Montereau during his aboad in Frise, might be instantly repayd. 3li that five hundred thowsand francs (being the half of their yeerly contribution from hence) might be forthwith advanced to them, and assurance, of the other moity after six moneths expired. All which was graunted, and the Embassadour assured of touching the aforesayd summes the next weeke.

    The same Satterday also had audience Deputies of the religion who are now all arrived, those of the Sevennes and Nismes excepted. Monsieurr de Couvrelles (Soubize's deputy) was the orator, who, in the name of all the reste, spake unto the King as he sate in Council, assisted by the Cardinal, Chancelier Schomberg, secretarie d'Aucaire, and Tronçon; this speeech was full of submission and conteyned in effect an humble petition of the execution of the peace. The King's answer was; Vous faictes mal de demander la paix me faisant la guerre. Mais puisque vous rendez dans l'obeissance, que vous me debues, j'en parlerez à ces Messieurs cy, pointing to all the ministers in general. Though when they came to negotiate, they found they had to doe with Schomberg and Herbault onely, both knowen back-friends of theirs, which was to most a sinister augure of bad intentions and of as ill an issue. But I thinck there lies a mystery in this, and the choice thus contrived by the cardinal, partly to nourish feare in the Deputies, that so their demaunds might be the more moderate, partly to engage the principall opposites in the treaty of peace, that so he might lie the better sheltered from envy; partly to avoyd the most wrangling disputes, and prepare a way to 208 more glory for Queen mother and himself, when they shall come, in the end, to moderate matters, and give a favourable and happie conclusion to the busines.

    Of this last I have this ground for my conjecture, that one of the Deputies, of the calmest temper, going privately to the Cardinal to solicit its favor, by letting him knowe in plausible termes that, howsoever divers would need persuade them that he was their ennemy, yet if it were so, they were mightily deceyved, for they esteemed him their greatest friend; and therfore intreated his presence in council, when their cause should come to be scanned and debated, the Cardinal's answer was, Que les premiers jours se passeroient en des preparatifs et en des petites disputes, mais quand on viendrait à resouldre de l'affaire, alors, dit il, je m'y trouveray, et vous feray veoir par effect, que je suys vostre bon amy. This friendly profession sorted not ill with the language that himself and Monsieur d'Aucaire had lately held to me upon that subject. For having, under pretext of soliciting the delivrance of some prisoners of ihe religion, made a visitt to both, I purposely ministred occasion of discourse about the present troubles; which, they easily taking hold of, I first began to wish a happie accommodation of those differences, and then to implore either of their favorable healps; shewing it to be a matter that important not onely the particular good of this kingdom, but the generall weale of all christendome; intimating unto them further what a great discouragement and disheartening it might be to his Majestie the King of England, to see this King, upon whose friendship and assistance he partly built those great desseings he had in hand, embroyled in civil warres at home. For what great matter could be expected hence, when all should be in combustion. I therefore desired them to take into their serious consideration the consequence thereof, and to beware they imposed not upon his Majesty a necessity of taking new counsels. The Cardinal's answer was, La paix se feré, Assurez vous de cela. D'Aucaire smilingly replyed: Que si le Roy d'Angleterre vouloit faire seulement une bonne mine d'assister le Roy contre ses rebelles, 209 la paix seferoit bien-tost. And I demaunding whether it were not a sufficient demonstration, non pas par contenance mats par effect, that his Majestie furnished so many ships to this King's service; Indeed that were something, answered he, if they were entirely at our owne commandment. Mais tant que les Anglois y seront les plus forts, on n'ostera jamais ceste impression de la testedes Rochelois, que le Roy d l'Angleterre favorise leurs entreprises.. Mais pour tout cela vous verrez (avec I'ayde de Dieu) la paix faicte plus tost que vous ne croyez. I have made this digression, as judging these passages not unworthy your Lordship's knowledge. To returne where I left.

    To Schomberg and Herbault upon Sunday morning, the Deputies repaired. To these the question is propounded how they meant to treat; for with all would breed confusion. They answer that three onely should speak, subsidiarily one to another; but all the others desired to be assistant. This was no way approved by the ministers who, by a distinction of the deputies, made this ouverture; that those things which concerned the whole body of the religion should be represented by the Deputies generall onely; those things which concerned the particulars, either of persons or places, from whom the others were deputed, should frame their cahiers apart without intermedling with ought that should be out of the circumference of their owne deputation, and present them by the hands of the Deputies generall. This was done out of this designe, to elude by that means the fiery zeale of some, newly arrived, who hottly pursued matters out of their sphere, which their fellowes before were content quietly to passe over, particularly the liberty of Montpellier, whence no speciall deputies are come, and wherupon the Generall would not so rigidly insist. This order nevertheless they obeyed, which hath been since changed, upon the perceyvance that the ministers have that the particular deputies, being many in number, give lawe unto the other, to that now three and three take their turne. Their demaunds are many being 22 in number, my last mentioned the most materiall. Divers wherof by the Deputies 210 then present are resolved to be buried in silence. One is further added that was not thought of at that tyme, but esteemed most essentiall now unto the peace, and that is that nothing be innovated in their townes of surety for the future; which is of that consequence that if they should not obteyne such a promise now, the King might, in October next when the terme of their last graunt expires, impose upon them in all such townes, governors and garrisons; and, upon their refusal of obedience, pick a new quarrel against them, and after they should be disarmed invade them againe with a new warre, when they should be unprovided to resist. When this, and the razing of the ford of Rochel shalbe once accorded, I accompt the peace made; for all other difficulties will certeinly be vanquished, though the liberty of Montpellier wilbe eagerly contested, and the pieces enclosed produced to fortifie the equity of that demaund. There was a pertinacity in some of insisting upon many other things; but, upon the intreaty of some of their collegues, I have been an instrument to reduce them to better moderation, which I have done by letting them knowe first what an unseasonable conjuncture of tyme Soubize had tooke to beginn his enterprise, which was sufficient to have ruinated utterly his Majesties affaires; not onely with this King and state, but abroad likewise; then, what a just subject of offence was therby ministered; that they ought to consider how his Majesty was the best friend they had, and therefore it would be their wisdome to take heed that they did not by crosse and contrary courses provoke him to be their ennemy; that though his Majesty were a pious and religious Prince that would be loth to see those of his owne profession any way oppressed; yet the Churches of Germany were equally, at least, considerable with those of France, towards whom all generous deseings would be made fruitlesse by their dissentions; that they could not be ignorant of the infinite paynes and cost his Majestie had been at, to unite divers Princes together for the common good; of the excessive charges he had been at in preparing a fleet; the prosperous successe of both, which depended upon the peaceable 211 constitution of this State, as being one principall report, wherupon many other wheeles moved. Conjured them to yield somewhat to the common good, somewhat to the particular contentment of his Majestie . That, if their conditions were lesse advantageous now, tyme might worke such a further increase of good intelligence betwixt the two Crownes of England and France as his Majesties sole intercession towards this King might rendre them better then they desired; and if, in his consideration, they should depart with any of their right, it might induce his Majestie, in case of unjust and violent attempts heerafter upon them to the infringing of the peace, to take their cause the more neerly to heart, and to employ all fitting meanes to defend them from oppression. It prevayled so farre, as answer was made me, that if they could once see that the King and his ministers would proceed with them de bonne foy, they would be content to listen to my advice, and to passe by all that should not be found to be essentiall.

    Whilest these things are thus in treatye by two expresse courriers newes comes that the Duke d'Espernon hath begunne the desgast about Montauban, plucking up the vines; cutting downe the trees by the rootes, spoiling the corne and fyring the houses in the villages round about. Which yet they have not done gratis, for those of the towne sallying forth upon them have cutt them short of three or foure Hundred men. The newes of this desolation begetts a great deale of animosity in some of the deputies heer, in others apprehension, least it be done out of this fell designe against them, that when they, upon some plastred peace, shall have disarmed, and the store of provisions in Montauban beginne to faile, which can not be supplied out of theire owne territory, and may be interdicted from other parts, that then their ennemyes may suddainly come upon them, and so they exposed to the prey. A third sort of them wish that Soubize may rendre them the like measure, who now lies fitly for it having made a second descent upon the Bec d'Ambois, scituate between the two seas, as they call them, otherwise the two rivers of Garonne and Dordonne. The 212 end of this landing was to give means to them of the religion, wherof those parts are full, to come and joigne themselves to him; but the news of Montaubans calamity may begett an appetite of revenge upon the territory of Bourdeaux, wherunto he is now a neer neighbour.

    Touching Mansfeld's enterteynement, I finde that all the Cardinal sayes is not gospel; for two moneth's pay is yet behinde; yet order is given for it, and monsieur Villars, the said Mansfeld's agent, confident to receyve the mony sometyme the next week.

    The same Villars hath made great instance of late that Venice and Savoy may be by this King pressed to contribute their part for the future. The king answered that he had allready written to his Ambassadour at Venice to solicit it with all diligence; and would redouble his commaundment upon him that he should drawe from that State a speedy resolution. Of the Savoyard he sayd nothing, but this passage with his Embassadour was pretty brisque. Villars had contracted with him for the arrierages past at thirty thowsand crownes. The day was appointed for payment. When it came, all was forsooth turned to a jeast. Villars not liking to be thus scorned tould him he would acquaint the King with it, and sue for an arrest of so much mony out of that which is hence furnished to the Duke, his master in Italie; and did it, in truth, so effectually as the King, seeing the Embassadour some two or three dayes since, told him that he had heard how he had compounded with Villars at such a rate; that he hoped he would make good his word, and that speedily, or els he would make stop of as much upon that which was to be sent to be sent to the Duke, his master.

    There is lately arrived here at Fountainbleau the Count of Ferensback, who comes from Bethliem Gabor, with offers in his name, say some, of a puissant instance of horse and foote, if this King would personally march in the head of an army into Germany, there to make warre upon the House of Austria. But I rather think it is to tender his owne service and desire some employment from this King in those parts. He hath been with with Count 213 Schomberg, who hath promised to present him to the King and intercede for him a quick dispatch of the buisines he comes about.

    From Spaine they write that Sainct Salvador is taken back from the Hollanders, but heer it hath the face of more artifice than truth.

    Newes is freshly come, and with great diligence, to this Court, derived unto me from a very good and sure hand, that Aiqui[34], a towne of the Duke of Mantova's, not farre from Alessandria, seized upon by the French in their expedition to Genua, to secure the passage upon their backs, is now sett upon by the Spaniard, Monsieur de Cuilliac with 1,500 French, and 500 Valesans commanding in the place for the defence; which shewes sufficiently that the great moderation and temper which the Spaniards pretended at the first, proceeded onely from their owne feeblenes and weaknes. For now that they have gotten strength, they beginne to appeare, I hope to the facilitating and hastening of a domestique peace heer, which I beseech God to graunt, and so I doe that your Lordship may live and enjoy manny happie and prosperous years, as is and shalbe the centinuall prayer of your Lordship's

    most humble, most faithfull and most obedient servant

    Tho. Lorkin.

    Fontainebleau This Tuesday evening, being July 8th 1625, stilo novo.

    Postcr[ipt]
    This dispatch having stayed in my hands a day longer then I expected by the delayes of Mr. Gourdon's voyage, I have found meanes to procure the Deputies speech, and am sure it is the first copie that hath been granted forth. The orator himself had a flatt refusall from his colleagues to delyver it to any whosoever. 214


  5. Captain Pennington to Sir John Coke.

    [Melbourne MSS.]

    1625, June 29. Honorable Sir,
    After 14 dayes ryding in the dangerous Roade of Deepe to no purpose, we being as neare to accomplishment of our business the first houre we came thither as at our departure thence, which was yesterday morning, only we had our Admirall aboard of us, who is returned againe to the Court without setling or concluding any thing for our voyage, but tould us that the designe was merely against Monsieur de Soubize, and demanded of us whether we would fight against him or no; my answere to him was that I was readye to lay downe my life for the performance of the wordes and meaning of the contract, and to cause all that serve under my command (as much as in me lyes) to do the like: other answere I would not give him before I knew the plea[sure] of the State, and for this purpose I am chiefly come over to have my Lord Admirall's resolutions herein before I proceede any further, to which I earnestlie desire your favour to promise me with all the expedition you can, I ryding here at the Ness readie to returne presently if I be commanded. For should I take these men aboard, they dealing thus freely with us, and fall offe when we come to the service; it would be a scandale and dishonour to our nation. But they would have taken an order to prevent this, if I would have given way unto it, by over chargeing us with a great number of their owne people, and they yet stand upon it not to intertaine us in their service, but upon those termes, of which as of all other things touching this imployment I have written at large to my Lord Admirall, which I desyre you seriously to peruse, I not having tyme at present to acquaint you otherwise with it; but this gent[leman] and the captaines that come along with him wilbe able to declare the whole busines unto you. Thus once more earnestly intreated a speedie dispatch unto me that accordingly I may regulate my selfe; and so with my humble service desyering the continuance of your favour and good 215 opinion of me, which I will ever studie and endevour to deserve, I humbly take my leave, and remaine ever

    Yours in all affection faithfully to serve you

    J. Penington.

    From aboard the Vanguard by the Ness the 29 of June.


  6. Captain Pennington to the Earl of Pembroke.

    [State Papers, Domestic, Charles I., iii. 99.]

    1625, June 29 My right Honorble good Lord,
    Ryding here from Monday till Saturday without hearing any newes from the Court of France or receyving any word or message from any lyving soule that had power or authoritie concerning our imployment, then being impatient with our long stay in this dangerous place, I sent this gentleman Mr. Ingham post to the Court of France with a letter to Mons. Docquerre Secretarie to his Christian Majestie, whom I desired to acquaint with the contentes therof. Mr. Ingham meeting with Mr. Larking our English agent there acquainted him with the cause of his coming, who very carefully and freely tooke the busines into his handes and returned me a dispatch of yt the 23 of this moneth with two letters the one from the King of France and the other from the sayde Secretarie Docquerre. The same evening late the Admirall of France Duke de Mommorency came here to the towne of Deepe, the next morning earely I sent all the captains and my lieutenant to kiss his handes and all our boates hansomlie furnished to bring him and his traine aboard, and with all a complement to excuse my not wayting on him in person, in regard I was constrayned to stay aboard to take order for his intertainement according to his rancke and qualitie, who tould them that he would goe aboard anon, but two howers after the weather being a litle foule with raine, he sent them word they might goe their way, for that he would not goe 216 that day; so they came all aboard. Yet about thre of the clocke in the afternoone, notwithstanding the raine, he came aboard with a great traine; where I received him in the best maner I could, our shippes haveing all their braverie abroad. At his coming aboard I welcomed him with elleaven peeces of ordnance and the rest of the shippes rateably, but I could not give him a volly of small shott (which I had readie) by reason of the raine. After he had vewed all the shippe and was returned backe to the greate cabin I gave him the best intertainement I could and after some litle tyme there spent he went his way to see the other shippes and at his going offe I gave him seaventeene peeces of ordnance he leaving aboard with me the Chevalier de Razilli with his Secretarie and two others to conferre with me about the shippe and voyage, not speakeing one word to me of it himselfe but left it wholly to them.

    These Commissioners thus lefte falling upon the busines, began first with the number of men that I should receyve in here, which they desyred should have bene three hundreth souldiers and mariners besyde his traine and then he fell to three hundreth in all, captaines, gentlemen, souldiers, and mariners, which they tould me the King of France had kept in pay these three monethes for this ship, of which number there were twelve captains for his consell and a great many of gentlemen of qualitie, which must all be accommodated with cabins if this shippe could affoard them. Notwithstanding the wordes of the contract allowed no more but the great cabin. My answere to this was that I could not admit aboard above the number of 60, I not having roome in hould for my owne provisions for my 250 men which I brought out of England with me. Then they pressed me to discharge parte of them, as a hundreth or a hundreth and fiftie and that I should have the benefit of their victuall and wages, and besydes that their King would thanke me otherwise. But all this could not drawe me to a further number or to breake the least part of the contract or my commission, much less to be a traitor to my King and countrie. When they could not prevaile with me in this, then 217 they would have had me to have taken in the men, and they would have provided patuches or small barkes to have carryed the provision of victualls for them. To which I alleadged that first this shippe was not able to containe them, having never carryed above this my number of 250, which is sufficient for service, and as many as she can conveniently carry without breeding infection and sickness among them, and that I durst not put a man of mine out, it being contrarie to the wordes of the contract. Secondlie that if wee should be seperated by extremitie of weather into what distresse they should be driven for want of victualls, for that I might not impart any unto them. Nevertheless they sayde that the whole 300 should goe, as also 1400 for the other seaven shippes, and the rest that we could not take in should go in the sayde patachos with the victualls, this being their last resolution for this point which (under correction of Your Lordships better judgment) I hould it noe way for the safetie of our shippes: for that one tyme or other they will use meanes to get them aboarde to endevour to make themselves masters of our shippes, which is the only thing they ayme at, and sticke not to speake it publickly to some of the Captains' faces that we should not be their masters, neither was it honorable for their Admirall or themselves to put their heades under our girdles.

    The second point they fell upon was that their Admirall would have command of us all, both in this shippe and in the rest, and governe and execute the French lawes upon us as well as upon those of his owne nation, intending to use marshall lawe over all. My answer to this was that I could not give him way for any further command here, than over myselfe, and that only for the managing of feightes and carrying him to such places as he should command me, and I to command all our owne people and provisions according to the wordes of the contract.

    Thirdly they declared unto me that their only designe was against Monsieur de Soubize, and demanded whether we would fieght against him or noe. My answere to this was, that I was readie to fieght against any and to lay downe my life for the performance 218 of the wordes and meaning of the Contract, and to doe my best to cause my people and the rest of the Captaines and Companies to do the like.

    Fourthly that they did not understand by the wordes of the contract (howsoever I might interpret it) but that the provisions of powder, shott, and other munition should be furnished out of England at our Kings charge but yet when I shewed them the contract, and tould them that I had no more but for the garde of the shippe, of which I had spent a great part allreadie in salutations. And except I was furnished here I could not goe upon any service; then they were content to furnish powder, and promised to get it from Paris: but for shott here was none, neither could they tell me where to have it, where of I must be furnished, as also of many other provisions of munition (which I have given them a note of) or otherwyse I cannot proceede to effect any busines.

    These being the cheifest heades we treated upon, they tould me (seing they could not draw me to any thing) that the King of France should wryte to the King my master to cause me to fullfill their desyre in all. And thus they went ashore from me to their Lord Admirall. The 24th of this moneth in the evening they appointed all the Captaines of the Merchants' shippes to be ashore with them the next morning, but the wind blew so high and weather so foule that they could not goe till towardes night, and then I sent to this gentleman to do my respects to the Admirall, and withall to let him know that we were not able to ryde longer in that dangerous Roade; we having allreadie taryed there 14 dayes (whereas we were promised by the French Ambassador that we should tarrie but one) to our greate damage by breakeing and galling our cables, and if it should have over blowne, it had bene as much as our lyves were worth, therefore desired that we might be dispatched or returne to some safe place upon our owne coste till they were readie for us; but to this he returned litle answere, saying that he was to goe to the Court of France to acquaint the King how things stoode, and that he would returne as soone as he could, and that he would not have 219 us to stirre; with that answere this gentleman returned that night to me aboarde, but they kept the Captaines of the Marchants' shippes ashore with them all night, for they would have them to take in 200 men apeece, and at last they came to 230 [sic] apeece, or else they must go along with him to Paris, with many threatening wordes and ill language. And the other 70 for each shippe to make uppe their 200 should be caried in pataches as aforesayde. Yet this they could not drawe them to, but they were contented to take in 50 men apeece, which was more then they had authority to doe by a Commission from my Lord Admirall which I reade unto them. Howbeit that would not satisfy him, but he lefte them in a chafe. The 26 day after dinner he went away for Paris to acquaint the King as aforesayde without leaving any order for us in the world. Now the weather being so foule and likely to be worse, I wrote a letter to him that night and sent it ashore to be conveyed after him, whereby I advertised him that for the safety of our shippes we resolved to retyre our selves to our owne coste, where we should attend his further pleasure and be readie upon the first summons to repaire to the same place or to any other where he should appoint us. And upon these termes we weighed about 12 of the clocke at night with the tyde of ebbe and the wind at southwest and by south, and stode over west north west and west and by north hoping to gaine the isle of Wight but the wind vireing much westerly we were forced to stand away for the Ness with a purpose to tarrie there till I have a dispatch from my Lord Admirall. Now to leave her on her way and to returne a litle backe to Deepe, your Lordship may be pleased brieflie to understand they vilified and spoke disgracefullie on all our shippes, they have abused and threatened our people to turne them out of all, which I do verily believe they ment to have done if they could have obteyned their wills to have put as many of their men aboord as they desired, the greatest part of their souldiers being mariners in souldiers' habits with a purpose to delude us, and they had made all new officers of their mariners from the Captaine to the lowest officer 220 that should have bene over us, this some of the better sort denyes not, but say they did it feareing we would not feight against Monsieur de Soubize which I do verily thinke we shall not, for all our people de sweare they wilbe hanged or throwne overboard before they will ever do it. Indeed there is not such a kennell of rancke pirately roages in all France as that place of Deepe affoardes, which abuseth the good nature of the Admirall of France who knowes nothing of the sea nor ever saw a peece of ordnance shott at sea before in his life, as he tould me aboard my shipp, but is only ruld and led by these picqueroning Captaines. Thus being prevented by tyme I leave all other relations to this gentleman the bearer, and only desire the continuance of your Lordship's favour and good opinion towardes me, which I will allwayes with my best endevors strive to meritt and ever remaine

    Your Lordships in all humblenes to do you service

    J. Penington.

    From aboard the Vanguard neare the Ness the 29th day of June 1625.


  7. The Duke of Chevreuse and M. de la Ville aux Clercs to Louis XIII.

    [Harl.MSS. 4597, fol. 211.]

    Sire,
    1625, June 30/July 10. Nous avous receu ce matin la lettre du 6 de ce mois dont il a pleu à vostre Majesté m'honorer, au contenu de la quelle nous nous conformerons en ce qui regarde Madame de Sainct Georges et aux autres affaires dont vostre Majesté nous a chargez selon la connoissance que nous avons de ses volontez qu'elle aura trouvé assez advancées selon ce qui est porté en nostre precedente depesche: maintenant nous luy faisons cette cy en toute diligence pour informer vostre Majesté qu'estant venu à nostre connoissance que les Navires Anglois s'estoient relaschez en ses costes de deça publians 221 avoir esté mal traictez en France, comme aussy par une depesche qui nous est venue de Dieppe les comportemens des capitaines des dits vavires nous nous en sommes plaincts a Monsieur le Duc de Bouquinquam qui nous a promis, suivant ce qu'il avoit faict il y a deux jours de leur faire, faire commandement de retourner à la rade de Dieppe, d'obeir a Mons. l'Admiral, et recevoir en leurs bords autant de soldats qu'ils en pourront porter, s'expliquant neantmoins tres bien que les Anglois seront tousjours les maitres de la fidelité desquels il veut entrer pour plege: ce n'est pas à nous ny a juger de l'evenement ny a doubter de ses parolles, mais à la verite cela nous semble rude qu'il veuille entierement deferer sa croyance au dire des matelots sans avoir egard à ce que nous luy remonstrons, et qu'il veuille nous faire passer pour grace ce à quoy les capitaines des dits vaisseaux sont obligez, desquels nous apprehendons bien que vostre Majesté ne sera servie comme il se doit, ce que nous sommes obligez de luy mander pour nostre descharge, estant certain que le Parlement d'Angleterre plein de Puritains donne ce remuement et generallement tous ceux de ce pays y estant craint, et le dit Duc y cherchant de l'appuy, qui pour leur plaire est capable de choses fort esloignées de son bien, et qui pourroient contenter vostre Majesté, la quelle nous n'ennuirons pas d'un plus long entretien, seulement la supplierons nous de recevoir en bonne part nostre franchise et nous croire Sire

    De vostre Majesté Tres humbles tres obeissans &c.

    De Londres le dixiesme jour de Juillet mil six cens vingt cinq.


  8. Lord Conway to Captain Pennington.

    [State Papers, Domestic, Charles I. Addenda.]

    Sire,
    1625, July 3. The French have made greevous complaints of you and your. report of their accions, and your behaviour towards them hath ben seene. And while things suspend without further tryall, your 222 relacion is well receaved saving in this point which they laye heavely to your charge, that you and your companie have given out that you have instruccions not to fight against the Protestants, which your letter seemes to contradict concerning your owne France.[35] But those rumors have given reason and creditt to demaund and presse a power over your shipps, or at least to have soe manie aboard each ship as may serve to beare sufficient witnes of the manner of your obeying the direccion that shall bee given you by the Admirall or his leutenant, and assist you in the execucion of of such service as shalbe commanded to you. Whereupon his Majestie hath commanded mee to signifie his pleasure to you that you receave 60 men into your shipp of such ran[k] and qualitie as the Admirall shall thinke fitt, which his Majestie conceaves by your relacion to bee as great a nomber as you can well receave: and that each of the other 7 shipps doe raceave accordinge to the rate of 50 to every shipp, beinge the nomber the Captaines consented to, the distribucion to bee leaft to themselves accordinge to the capacitie of the shipps.

    And further his Majesties pleasure is that you and the rest of the shipps obey entirely the commandement of the most Christian Kinge his Admirall, or Lieutennant, in resistinge or attemptinge anie person or persons that they shall direct you against. This is the charge I have receaved, which you are to take for warrant to obey it. Havinge noe further charge, I remaine

    Yours.


  9. The French Ambassador's Protest against the Owners and Masters of the ships imploied in the French Kings service.

    [State Papers, France.]

    1625, July 4. I John Emans, Notary and Tabellion publick of the Citty of London, by authority of the Kinges Majesty our souveraigne Lord admitted and sworne by order and in the name of the ryght honourable 223 Lord Anthony Ruzé Marquis of Effiat, Councellor of the.moste Christian Kinge in his Councell of Estate, Knyght of his Majestés orders, yrste Gentleman of his hyghnes horsses and his Ambassador extraordinary in this realme of England, doe hereby notifye and make knowne unto you the Captayne and owners of the shippe called the Pearle: that whereas on the 25th daye of the moneth of March laste paste the said Ambassador by meanes of the Comissioners for the Navy of his Majesty of Greate Brittany did passe and make an aggreemente for the freyghting of the said shippe for the service of his moste Christian Majesty, whereby it tis aggreed that the said shippe is to be of the burthen of fowre hundred and fyfty tonnes in tonne and tonnage, and that shee should have 70 personnes for the guydinge and gouverninge of her, whereof 12 should be Gunners and that his moste Christian Majesty or his Ambassador should putt on board the said shippe such a Commander and as many soldiers as shee could reasonably carry, and that the said shippe should serve his sayd moste Christian Majesty againste whomesoever excepte the Kinge of Greate Brittany. Nowe so itt is, the said shippe being comme to the coaste of France, itt appeareth that the burthen of the said shippe is putt greater than shee is, or ells for the raysing of the freyght to a greater somme you have overcharged the said shippe with marriners, whereby the intente which his moste Christian Majesty hadd to putt into her as many soldiers as he should fynd good for performance of the service for which she was hyred and appointed is becomme frutelesse and hindered, notwithstandinge the greate sommes of monny which have benne payd unto you for the freyght of the said shippe and which you are yett to have for the reste of the tyme that shee was hyred for: allso contrary to the aggreemente you doe refuse to take in the soldiers which are to be putt aboard and to goe where you are appointed, and lykewyse withoute any order or consente of his sayd moste Christian Majesty his Admiral or officers, the said shippe is comme from the Coaste of France to this Realme of England all to the greate damage and prejudice of his Majesty and his service. By 224 reason whereof I doe proteste againste you the said Captayne and owners and every one of you and all others that itt doeth or maye concerne and againste your shippe and goods, that his sayde moste Christian Majesty doeth not onely purpose to stoppe and cause to be detayned the monethes paye which you are nowe to receave before hand and the other payements which shall followe, butt allso in case you doe not take speedy order herein, to pretend and recouver of you and of your goodes all the sommes of monny which have benne payd unto you, and which you have receaved before hand in regard you have not performed the said aggreemente accordinge to the true intente and meaninge thereof, togeather with all costes damages and interestes which by your deffault already are and hereafter shalbe suffered and sustayned. Butt yf you doe speedely remedy this deffault and yf your shippe doe the service which shee is bound to doe and for which shee was hyred I doe lett you knowe that not onely this monethes paye butt all the others shalbe payd unto you in dewe tyme withowte any delaye accordinge to the tennor of the said aggreemente.

    On this daye the fourth of July A 1625 abowte Twelve of the Clock att noone, I the said Notary didd reade and notifie the premisses unto Anthony Tuchin Captayne of the said shippe the Pearle, who havinge understood the same requyred a coppy thereof which I delyvered unto him. Donne in the presence of Michaell Lucas Secretarye of the Chamber of his moste Christian Majesty and of the Ambassage of the said Lord Ambassador and John Marius Clarke of me the said Notarye as witnesses.


  10. The Duke of Chevreuse and M de la Ville aux Clercs to Louis XIII.

    [Harl. MSS. 4597, fol. 218.b]

    Sire,
    1625, July 9/19. Enfin apres une longue poursuite nous avons obtenu ce que vostre Majesté pouvoit desirer sur le faict des vaisseaux, et le Roy de la Grande Bretagne en escrit à vostre Majesté tesmoigne qu'il veut que 225 vous soyez maistre de ses navires: la patience a gagné cela, car au commencement que nous nous pleignismes tout nous fut refusé, et le contenu des contracts voulait que nous receussions en grace les quels bien entendus donnent ce qui est accordé, mais maintenant l'affaire est plus esclaircie et vostre Majesté peut disposer de cet armement de la sorte qu'elle estimera le devoir faire. Aux autres affaires qui nous retiennent de deça demain en aurons eu resolution et tost apres nous partirons, Monsieur D'Effiat par Dieppe pour y conduire luy mesme les vaisseaux, et nous par Boulogne ayant desiré le dit Sieur que nous nous separassions, afin que par l'auctorité qu'il s'est acquise sur les capitaines des dits navires il les porte à obeir et que le tout soit accommodé, levant les difficultez qui se peuvent rencontrer. Nous envoyons aussy au dit Dieppe quarante pieces de fer pour le service de vostre Majesté qui ordonnera s'il luy plaist que le Sieur Bourlemaky soit remboursé de l'advance et satisfaict des autres prests esquels il est entré pour le fret des navires, a quoy tous nous, nous sommes obligez afin que cette seconde difficulté ne illudast (?) le partement. Cette depesche a quelque chose de contraire à nostre precedente, mais ceux de deça ayant changè nous sommes contrainctes de suivre leurs mouvemens, et en ce particulier avec joye, vostre Majesté en ayant advantage, aupres de la quelle esperons de nous rendre bientost. Nous ne l'importunerons point de milles parti cularitez qui luy doivent estre dites sur l'establissement de la Royne sa soeur, et ce que nous avons reconneu en cet estat ou le parlement ira tousjours buttant les intentions de vostre Majesté centre les Catholiques, le quel peut trop, et des hier ils demanderent l'execution des loix qu'ils n'obtindrent pas à ce qui nous a este rapporte; le Roy de la Grande Bretagne s'estant contenté de leur dire qu'il adviseroit sur leur demande; ce qui nous blesse c'est que ceux que vostre Majesté a obligez ne traictent pas comme ils doivent, et au lieu d'estre pour le traicté nous advançant[36] des discours contre, mais cela voulant un long entretien nous le 226 remettons a la vive voix, et cependant nous nous contenterons de prier Dieu qu'il comble le regne de vostre Majesté de milles benedictions et luy donner Sire en parfaicte sante tres longue et heureuse vie.

    Nous sommes obligez de dire a vostre Majesté que Monsieur le Duc de Bouquingham a ce jourdhuy temoisgné lors que le Roy a baillé la lettre des vaisseaux toute sorte de bonne volonté

    A Richemont le 19e jour de Juillet 1625.


  11. Louis XIII. to the Duke of Chevreuse M. de la Ville aux Clercs and the Marquis of Effiat.

    [Harl. MSS. 4597, fol. 221.]

    1625, July 10/20. Mon Cousin et vous Messieurs de la Ville aux Clercs et d'Effiat. J'ay receu vos lettres des 7 et 1 de ce mois par les quelles j'ay veu que quelque instance que vous ayez faicte de ma part sur le faict des vaisseaux Anglois vous n'avez peu obtenir ce que je jugeois estre necessaire pour mon service et contentement, et que les ministres du Roy de la Grande Bretagne mon frere s'arrestent à la teneur des contracts. Je les ay faict revoir et apres les avoir bien considerez je ne voy pas que je puisse en estre bien servy pour les conditions qu'ils desirent, car lorsque mon Cousin de Montmorency a esté à Dieppe les visiter, l'Admiral Peniton luy a tesmoigné qu'il ne pouvoit recevoir que sa personne et jusques à quarante de son train, et disrent ouvertement quils ne pouvoient combattre contre les Rochellois et Huguenots leurs amis. Cette response tesmoigne bien en effect qu'ils manquent de bonne volonté et veullent estre les maistres sur leurs vaisseaux et les plus forts en commandement, ce que estant, ce seroit grande imprudence de s'en servir, non seulement parce que l'on n'en pourroit recevoir d'utilité, mais pour ce qu'ils pourroient par leur mauvaise volonté desbaucher les autres qui sont desja joincts à mon armée navalle; estant donc informez de ma resolution et des raisons qui m'y portent, vous traicterez cette affaire par vostre prudence et bonne conduite le plus judicieusement et dextrement 227 que vous pourrez et si ne pouvez vous empescher de faire connoistre les justes sujets que j'ay de me passer des dits vaisseaux Anglois puis qu'ils sont publics, et que chacun scait les mauvais discours que les Anglois ont tenuz en France confirmez à mon dit Cousin de Montmorency de vive voix et par escrit signé des chefs en son proces verbal qu'il m'a faict voir pour sa descharge, il suffira que les raisons pour les quelles je ne me veux servir des dits vaisseaux soient dites seulement au Roy de la Grande Bretagne mon frere et a mon cousin le Duc de Bouquingham, sans en faire plus grand bruict en Angleterre, ains tesmoigner publiquement n'avoir aucun mescontentement, disans que je ne m'en sers par ce que j'en ay assez d'autres, je desire que vous teniez ce precedé pour l'honneur et la reputation du Roy mon frere à la quelle sans double on trouveroit a redire si l'on voyoit que je refusasse les sus dits vaisseaux par les dures conditions que l'on m'a proposées, il y a grande apparence que le Roy mon dit frere ne voudra pas que je demeure avec un si juste degoust et par consequent qu'il se pourra faire que touché d'autre sentiment il me renvoyera les dits vaisseaux avec ordre a son Admiral et officiers de recevoir absolument la loy du mon dit Cousin de Montmorency pour y mettre tant de gens qu'il me plaira, faisant de l'Angleterre avant leur retour oster la pluspart des Anglois et victuailles qui sont dessus. Si le Roy mon dit frere a cette volonté en ce cas vous accepterez le renvoy des dits vaisseaux pourveu que j'en sois le maistre absolu et ce plus par civilité que par necessité que j'en aye. A quoy vous pourrez encore adjouster de vous mesmes beaucoup d'autres bonnes et fortes raisons pour faire connoistre quelle entrée d'alliance c'est de n'avoir accordé en apparence un secours de vaisseaux que l'on refuse en effect par des conditions que propose telles quelles ne compatissent pas avec ma dignité et reputation, ce que vous ferez entendre comme de vous mesmes presupposant tousjours, comme c'est chose veritable, que je desire me passer des dits vaisseaux (et en effect je le veux faire si l'on demeure aus dites conditions proposées) et particulierement 228 vous Sieur d'Effiat devez agir, puis que vous vous trouvez interessé en cette affaire, pour n'avoir bien conceu le marche des dits vaisseaux et souffert cette derniere clause de restrinction qui destruict les premieres, vous y trouverez peut estre quelques difficultez, et sur ce pressez pour le payement des ditz vaisseaux aux termes portez par les marchez et contracts encore que je ne m'en vueille pas servir, à cela vous ne manquerez pas de raisons qui doivent aboutir toutes, que si je pouvois m'en servir, et que je n'eusse volonté de le faire, il seroit raisonnable de satisfaire aux contracts mais si voulant m'en servir et le Roy mon frere ne le desirant pas par la rigeur des conditions desraisonnables que l'on propose, il n'y a pas apparence de demander le payement d'iceux et n'y puis estre justement tenu, c'est ce que vous aurez à dire et representer de ma part sur le sujet des ditz vaisseaux demeurant au surplus tres satisfaict du soin que vous avez rendu pour l'establissement de la maison de la Royne de la Grande Bretagne ma soeur et du soulagement que les Catholiques ont receu par vostre entremise en l'execution des promesses qui concernent leur repos et contentement. Sur ce je prie Dieu qu'il vous ait mon Cousin et vous Messieurs De la Ville aux Clercs et d'Effiat en sa saincte garde.

    Escrit a Fontainebleau le 20 Jour de Juillet 1625 ainsy signé

    Louis.
       Potier.


  12. Lord Conway to Captain Pennington.

    [State Papers, Domestic, Charles I. iv. 33.]

    Sir,
    1625, July 10. His Majesties express pleasure is that you take knowledge that hee hath leaft the command of his Shipps under your charge unto his deere brother the most Christian Kinge, and that therefore you receave into those shipps soe manie persons as that Kinge shall bee pleased to putt into them and to bee continued there dureinge the 229 time of the Contract. And this you are to obey intirely with the greatest moderacion aud discretion you can This beinge that I have in charge from his Majestie I recommend it to you as your warrant and remaine

    Your assured freind to serve you

    E. Conway.

    Hampton Court
    Julie 10, 1625.


  13. The captains of the merchant ships to Lord Conway.

    [State Papers, Domestic, Charles I. iv. 37 ]

    Right Honorable,
    1625, July 11. For that wee have maney reasons to suspecte there was a resolucion in some principall officers of seamen of his most Christian Majestie to dispossess us of our ships and goods and soe to make themselves masters of them and us, contrary to the condicions concluded upon by our Charterpart, and for that wee are uncertayne how far forth that designe might have trenched into the lyves and safties of our selves and our people, or otherwayes have touched upon the duties and alegence wee owe unto our Soveraigne Lord the Kinges most excellent Majestie, to whom the principall care and interest doth most belonge: wee have thought it fitt in the civillest manor we could for the present, to quit the coast of France and in , the meane while humbly to desire your Honor that some such course may be taken for our farther securityes as should bee thought fitt in his Majesties royall wisdome, for wee see it is not sufficient for us to have anie merchants tyed for the performance of anie thinge concluded upon betweene the state of a Soveraigne Majestie and that of simple subjects; in as much as wee perceave already the merchantes that were undertakers for our security were prohibited from disbursing our wages due unto us (but at their perills); if soe, then what hope remaines for us that wee shalbe fairely delt withall, when all is in their handes, and wee turned over to be suiters for our 230 recompence of damages, in reward of our great charge and losse sustayned: and under correction wee cannot but marvell they should desire to put aney such extraordinary nombers of theirs aboard us as they have offered when they hyer us as men of warr, but that they doe ether suspecte our valore, our fidelities, or abilities to performe anie thing to be required of us; if soe, then this is not the way to give them their ends they ayme at, for from suspected persons, or persons under guard, they must looke for nothinge ells but practises continually arysinge thorowe jelousies or misinterpretacions of all actions or accidents that shall happen, especially when it is betweene nations of severall language and severall religion (such as wee are); and therefore to prevent all evills of this kinde (under favor) wee conceave it much better that they should give us leave to serve them with our owne forces, and soe to subject ourselves onely to the comandes and direccions of such their Admiralls or Generalls as shalbe asigned to have the charge of the service, as heretofore was accustomed when wee served them in anie their warrs: if then anie omission or fault were comitted by us or aney of us lett the offender suffer condingly for it, accordinge to the lawes and customes of all nations; soe shall they be free from givinge us cause of offence and wee from excuse (if wee performe not our duties, ether accordinge to our covenantes or accordinge to the lawes and orders wee submitt ourselves to obey when wee shall be joyned to the rest of the Fleete, or to be devided into a squadron by ourselves at the Generall's pleasure: but howesoever there wilbe noethinge more looked for by us, then that wee maye be made (in some sort) acquainted with the enemy against whom wee are to bee ymployed, that wee may make our provisions accordingly, both in respecte of the coaste wee are to keepe, and the meanes wee are to use offensive or deffensive, aswell as for the health and comfort of our people, and to take order for supplies duringe the tymes of our ymployments under his most Christian Majestie, and for sufficient provisions for our home comeinge when wee shalbe discharged from 231 thence, all which wee referre to your Lordshipp more grave and serious consideracion and ever rest

    Your Lordshipp in all humble Service to be comanded

    Ferd. Gorges.
    Anthony Tutchen,
    Peter White,
    Jasper Dare.

    Dated this 11th of July 1625.


  14. Sir John Coke to Lord Conway.

    [State Papers, Domestic, Charles I. iv. 40. )

    Right honorable,
    1625, July 11. The Captains Masters and Owners of the ships lately returned from the service of the French, have acquainted mee that the Ambassador hath not only protested against them as breakers of the contract but also importuned his Majeste to put them and their ships by his royal commandement into the power of their people, by receaving as manie French as they will send aboord. For the protest they tel mee they are readie to answer it in a legal course when it shal bee pursued, and dowbt not to justifie their performance in everie poinct of the contract: Besids they wil shew that they are now freed from anie further ingagement in this service, because the Ambassador hath broken his daies of paiment and their men without pay, wil not bee kept on boord nor the owners supplie their cables and anchors worn and lost by staying their ships, contrarie to promise, uppon a desperate road on that coast: but that which dishartneth them most is the insolent careage of the French, who plainly have professed that they wil bee masters of their ships: that the[y] wil execute their marshal laws uppon their persons: and that they will imploy both ships and men against them of our religion. For their ships the[37] owners say that they are their freeholds, to which they have no less right then other subjects to their howses and possessions, and therfore thowgh they owght and 232 are readie to employ then [sic] in his Majestes service, yet to have them put into the powr of strangers, or to bee required to serve with, uppon other conditions then they agree unto, and without sufficient securitie to bee saved harmless, they hold it not agreeable either to precedents of former times or to the laws of this land, and therfore they appeale therin to his Majestes justice and to his protection in their right. Then for their persons they say al they are English free born and know the inveterate malice of the French, and therefore wil not dishoner our nation and blemish in a sort their allegeance to his Majeste by putting themselves so farr into French jurisdiction that they shal not have power to redeeme his Majestes honor and their own from such attempts against them as they have cawse to mistrust. And lastly for serving against them of our religion, it is verie wel known that our seamen generally are most resolute in our profession: and theis men have expressed it by their common petition to their Admiral and otherwise by protestation, that they wil rather bee killed or thrown overboord then bee forced to shed the innocent blood of anie protestants in the quarrels of papists: so as they wil accompt anie commandment to that end to bee in a kind, an imposition of martyrdom: and so the frute to bee expected of this service on our part is the casting away of the ships and of the men and the beginning of a breach betwixt the two nations; and on their part our engagement against our own partie and the cutting of al relation of their protestants to us, which happily is the cheif end of pressing this business; ther appearing no other, they can reasonably propounde. To which if wee add the discouragement of our partie at home and abroad; the late murmuring against it in Parliament and the open exclaming made in the pulpits, that this taking part against our own religion, is one cheif cawse of Gods hand that now hangeth over us:[38] wee can hardly balance theis consequences with anie interest or assistance wee can have from the French, whose own ingagements without straining on our side are the only occasions of advantage to bee 233 expected from their good wil. But because it may bee objected that his Majeste was engaged by promise, and that the contract may seeme to import the lending of their ships to serve the French King against whomsoever his Majeste of England only excepted, and that with libertie to put aboord them as manie French as they should thinck fit: thowgh this article being framed according to the woords and intention of the Venetian contract owght to be strained no further then that was to a common enemie, and thowgh his Majestes allies and such as are interested in his favor are duly included in the exception of the King of Great Brittaine which cannot be restrained to his person alone; and thowgh the cautions annexed in both theis articles clearly free our Captains from taking in more then the ships may conveniently carie with saftie and health, which wil exclude the numbers the French do press for, yet if his Majestie in his royal wisdom shal thinck fit to write his mandatorie letters to the Admiral to proceed with his fleet for such service as the French King shal thinck fit, and to receave aboord everie ship as manie French as hee shal appoinct, yet if the letters may bee written but with this pressing clawse that if hee can not presently obey this direction by reason of anie interruption whatsoever, that hee forthwith acquaint his Majeste therwith that hee may give order to remove it, and so take away al excuse for not accomplishing the intended gratification to his deer brother the French King. Then this clawse wil give time and crave from them a true declaration of their due performance of the contract, of the breach on the French part of the shortness of their companies, of their wants of fit supplies, and of al impossibilities to performe the expected service. And if the Ambassador theruppon thinck fit to prosecute his protestation, hee may bee left to take his remedy by law, and the subjects in like sort to justifie their proceedings, wherin no exception can bee taken to his Majeste who hath really performed al they can require, and the issue doth not answer their desire which appeare justly to fall upon themselves and al the il effects 234 wil bee prevented which the changing of the first intention of this service would produce. Only some care would bee taken after his Majestes letters written that Sir Ferdinando Gorges who attendeth this business and purposeth to go aboord his ship to the rest of the fleete may receave some directions for the careage of their answers, that Capt. Penington by the unexpected stile of his Majestes letters may not bee surprisd, which I leave to your Honor's wisdom: and so having delivered my poore opinion by writing because, wanting a convenient lodging in town, I am driven to my howse at Tottenham.

    I humbly rest At your Honor's service

    John Coke.

    London
    11th July 1625.


  15. The King of France to Captain Pennington.

    [State Papers, France.]

    1625, July 13/23. Monsieur de Penington, J'ai eu bien agreable l'advis que le Sieur d'Effiat m'a donné du commandement que le Roy de la Grande Bretagne mon bon frere vous a faict pour l'embarquement des capitaines et soldats François que j'ay faict leves pour mettre dans ses vaisseaulx, ne doubtant point que l'ayant recu vous n'executiez entierement ses volontéz et mes intentions aussy, ou que je retire le service que je me suis promis de vous et de votre flotte, desirant que sans aulcun retardement vous vous rendiez pres de mon cousin le Duc de Montmorancy, et vous joigniez a mon armée navalle le plustost qu'il vous sera possible pour ne perdre l'occasion de prandre part aux rencontres qui se pourroient faire centre mes subjects rebelles, priant Dieu qu'il vous ayt, Monsieur de Penington, en sa sainte garde. Escrit a Fontainebleau le xxiiie Jour de Juillet 1625.

    Louis. 235


  16. The Duke of Buckingham to Captain Pennington.

    [State Papers, Domestic, Charles I. iv. 69.]

    Pennington,
    1625, July 16. I would have you hasten with all speede to Diepe with his 1695, Majestes and the rest of the shipps there to meete with Mons. d'Effiat the French King's Ambassador, and to performe my master the King of Englands pleasure signifyed by lettre from my Lord Conway And soe I rest

    Your loving freind

    G. Buckingham.

    Rochester 16 Julij 1625.


  17. Edward Nicholas[39] to Captain Penington.

    [State Papers, Domestic, Charles I. iv. 66.]

    Noble Captaine
    1625, July 16. With this you will receave a lettre from my Lord to repayre presently with the first opportunity to Diepe and to bring thither with you both his Majestes shipp (which is under your chardge) and alsoe the seven Merchauntes shipps which were to attend her for the service of the King of Fraunce. I am comaunded by my Lord to goe thither alsoe with Mons. d'Effiat to see his Majestés pleasure signifyed by my Lord Conway put in execucion. I am not to make any long stay att Dieppe, neither will the Ambassador willingly, and therefore I hope you will hasten thither, when I shall have leasure to speake with you more att large and to assure you that I am

    Your faithfull freind and servaunt

    Edw: Nicholas.

    Maidstone 16 Julij 1625. 236

    My Lord Ambassador commaundeth me to desire you to hasten to Diepe the next tyde after the receipt hereof and not to forgett the Neptune. He would wryte himself but that he hath seene this lettre and hopeth to see you monday night att Diepe. Yours

    Edw: Nicholas.


  18. Edward Nicholas to the Duke of Buckingham.

    [State Papers, Domestic, Charles I. iv. 58.]

    1625, July 16 (?) May it please your Grace,
    The weight and consequence of the busines wherein it hath pleased you to employ me being in my poore understandinge worthy of your Grace's serious consideracion I thought good by this only to put you in minde of it, and to beseech you to give present order that there may be some safe course taken for your warrant and discharge; for I believe the caution that wilbe given for the restitucion of the shipps wilbe nothing worth, because without a breach of peace with Fraunce there can hardly be any recovery of whatsoever sommes the Ambassadors doe engage themselves for in the name of their King: and albeyt this be our King's owne goodnes and affeccion to the French, yet it wilbe conceaved by all that it hath bene your worke principally to perswade his Majestie into it, I perceave the Ambassador will hasten to make a dispatch of this busines, and cares not much att what price (soe longe as it stands only on engagement and not present performaunce) he getteth these shipps into the possession of his Masters ministers, the want of present pay for the mariners will be noe great difficulty for, rather than it shall, I beleeve he will gett mony for them att Diepe or security to their full contentment. I beseech your Grace to lett me heare from you as soone as may be that my inexperience in such businesses misleade me not for want of instruccions. The Ambassador sent a courryer Friday night to Capt. Penington to meete att Diepe with all the shipps this night, and his Lordshipp 237 is now reddy to embarke. I will never be wanting in faith and dilligence to approve myself

    Your Grace's most humble and obedient


  19. The Duke of Chevreuse and M. de la Ville aux Clercs to Louis XIII.

    [Harl. MSS. 4597, fol. 220.]

    Sire,
    1625, July 17/27. Quand ce courrier arriva et qu'il nous rendit la lettre dont il a pleu à vostre Majesté nous honorer, l'affaire des vaisseaux estoit desja terminée, ainsy que vostre Majesté aura peu voir par nostre precedente depesche, ce qui nous a empesché d'en plus parler, estimant que vostre Majesté avoit entier contentement; mais du depuis pressez de partir demandant les depesches il s'y est rencontré des difficultez, les quelles toutesfois ont esté surmontés par l'affection que le Duc de Bouquinquam y a porté, le quel toutesfois s'est trouvé esbranslé par diverses raisons qu'on luy representeroit et ceux mesmes qui doivent da vantage à vostre Majesté, le service de la queile nous estant en singuliere recommendation estimant qu'il y alloit de la reputation si elle n'avoit contentement au faict des dits navires, nous a portez a prier Monsieur le Marquis d'Effiat d'aller à Dieppe avec eux et là selon l'ordre qui leur est donné y passer un nouveau contract par lequel ainsy qu'il est convenu vostre Majesté sera maistre absolu des dits navires, le project du quel nous envoyons à vostre Majesté afin qu'il luy plaise le considerer et mander en diligence au dit Sieur Marquis ce qu'il aura à faire, prenant sa resolution sur l'estat present de ses affaires, les quelles voulant que vostre Majesté soit armée à la mer ne pourront que la porter à les retener sans s'arrester à quelque augmentation de frais qui, considerez au service, ne peuvent entrer en compte, ou bien pour les temps convenu vostre Majesté pourra les garder et sans en estre maistre absolu en tirer le service qu'elle s'en peut promettre qui n'aprochera 238 de pres à ce qui en peut estre attendu, vostre Majesté se resolvant de continuel le fret au prix arresté et ne laisser de les charger de matelots et soldats François, les ordres donnez par le Roy de la Grande Bretagne et par le dit Duc sont clairs et absoluz, et toutes fois nous ne laissons d'apprehender quelques nouvelles difficultez du costé des capitaines, les quels quoy que imaginées par le dit Marquis ainsy que de nous ne l'ont pas empesché de continuer sa premiere resolution et s'en mettre au hazard pour essayer a rendre ce service a vostre Majesté, la quelle s'il luy plaist luy depeschera en toute diligence et luy fera scavoir sa volonté, specifiant par le detail ce qu'il aura à faire, nous esperons qu'il y servira bien vostre Majesté, et qu'elle agreéra ce que nous ayons faict, ny ayant eu autre objet que son service, au quel nous ne manquerons jamais y estans attachez par nos naissances et nos devoirs estans.


  20. The Duke of Buckingham to Captain Pennington.

    [Domestic, Charles I. Addenda.]

    1625, July 18. Captaine Penington
    I have sent this bearer my Secretary to see his Magesties pleasure signifyed by lettre from my Lord Conwey put in execucion which is for the delivery over of his Majesty's and the rest of the shipps unto the hands of such French men as the King of Fraunce shall appoint, that they may put into them soe many men as they shall thinke good, and dispose af them as the said most Christian King shall direct, and I have agreed with the Ambassadors of Fraunce that they give yow and the rest of the shipps according to a full valluacion for them and all the furniture and provisions in them. The forms of the obligacion and security we are agreed on to be according to the coppy of what my Secretary shall shew unto yow under their hands: and because the Duke of Chevreux and Monsieur de la Villeaux clercs goe not along in company with the Marquis d'Effiat, they have given him a procuracion under their hands to 239 give security for himself and them jointly and severally. They are likewise to be bound to give direccion to Burlemach to give two monthes pay for all the shipps as soone as they are delivered. I would have you to use all dilligence and discrecion herein as you respect his Majesties service. And soe I rest

    Your loving friend

    G. Buckingham.

    Rochester: 18 Julii 1625.


  21. Captain Pennington to the Duke of Buckingham.

    [State Papers, Domestic, Charles I. iv. 78.]

    May it please your Grace,

    1625, July 18. I have even now received a letter from your Grace with stricte command presentlie to goe for Diepe, and to carry with me the rest of the merchants' shippes, which I am instantly readie to obey, but having called their masters aboard and declared your Grace's pleasure therein, they desired to speake with their companies, and they all absolutely deny to stirr from hence before their captaines come. Notwithstanding I have reade your Graces letter unto them and made knowne his Majesties pleasure, so as I must be forced either to goe together by the eares with them, or goe without them, which I am resolved to doe if their captaines come not this night: also that your Grace wilbe pleased to remember I have not above 48 barells of powder aboard, litle shott, noe fire workes and never a sworde, save only my selfe and a few gentlemen. Furthermore I understand that his Majesties pleasure is, that his shippe wherein I serve, as also the reste of the marchants' shippes be wholly at the disposing of the most Christian King, and that they are to bring in as many of their owne nation as they will, and we to be wholly under their command, insomuch as the Commission that I have from your Grace is totally annihilated. For myne owne part, it is to difficult a busines for me to wade through, and 240 therefore I humbly desire that your Grace wilbe pleased to call me home, and to send some other more able for it who may better goe upon these termes then my selfe; in regard they are allready discontented with me for that I would not formerly yeild to their desires, which I thought to be wonderous unreasonable and contrarie to the orders I had from his Majestie and your Graces commission: but now all is layde open unto them aswell for the fieghting against any that they will have us, as also for governing us after the French lawe, and indeede in making us their slaves as they formerly tould us; which for my part I hope never to be. Therefore I humbly beseech your Grace to appoint some other for the command I now have, for that I will rather put my life upon the King's mercy at home then goe upon these termes. But howsoever I will carry the shipp over according to your Graces command and there attend the returne of this bearer and further order to whom I shall deliver over my command. Moreover your Grace may be pleased to take notice that I have a strange uprore in my shippe amongst my owne companie, upon this newes of going over againe; I haveing much adoe to bring them to it, though I keepe all from them, and make them believe we goe over upon better termes then formerly: but when they shall come on the other syde and find the contrarie, I feare there wilbe something to do with them.

    Thus humblie desiring your Graces favour and that you wilbe pleased to mediate to his Majestie for me for his gracious favour that I may be called offe from this service with his Majesties favour and good liking, and to dispose of me upon any other that his Majestie or your grace shall [see] fit: and I shalbe bound ever to remaine

    Your Graces most humble and faithfill servant

    J. Penington.

    From aboard the Vanguard in Stokes Bay the 18th of July 1625. 241


  22. Captain Pennington to Lord Conway.

    [State Papers, Domestic, Charles I. iv. 79.]

    Right Honorable my very good Lord,
    1625, July 18. I have received order from my Lord Duke of Buckingham his Grace presently commanding me to goe for Deepe and to carry along with me the rest of the marchants' shippes; which I have mad knowne unto their Masters and they unto their companies, but in regard the Captaines are not here, they will not stirre till they come, so that I must be forced either to goe together by the eares with them or to goe without them, being therefore resolved to goe myselfe, I not having power to doe the other. I also understand by a warrant from your Lordship in his Majesties name that his Majestie hath left the command of these shippes to his most Christian brother the King of France and that we are to receive so many men aboard as they thinke fitt and I to deliver all whatsoever to them. All which I am readie presently to obey, first for the carrying over of the shippes, and then to lett them doe what they will with them, allwayes hopeing that it is his Majesties pleasure that I shall returne after my surrender to them, for I know that your Lordship in your grave wisdome thinkes it not fitte for me to continue here having allready so withstoode their unreasonable demands and so contrarie to the commandes of the King my master and my commission from my Lord Duke of Buckingham's grace. Therefore I humblie beseech your good Lordship that you wilbe pleased to procure me his . Majesties favour that I maie be called home and some other more able man for this imployment put in, for I rather desyre to suffer at home than to be imployed where I am sure to suffer dishonour. Thus praying your good Lordship that I may have your favorable opinion and that you will beleive that if I had a thousand lives I would sacrifice them all for the honour and safetie of my King and 242 countrie. And thus with rem[em]brance of my humble service to your good Lordship I ever remaine

    Your Lordships very humble servant

    J. Penington.

    From aboard the Vangard the 18 day of July 1625 in Stokes Bay.


  23. Captain Pennington to Sir John Coke.

    [Melbourne MSS.]

    Honorable Sir
    1625, July 18. I have no tyme to make that relation I should unto you but leave you to the report ot this gent, only yow may be pleased to understand I have even now received order from my lord Duke's grace to goe away for Deepe, and so carrie the rest of the shippes along with me, but they will not stirre before their Captaines come, nor I think at all so farre as I can perceive, though I have layde his Majesties command on them, for here is a greate uprore among them all, so that I am resolved presently to goe without them.

    I have also order from my lord Conway in his Majesties name to deliver over the sole command of this his Majesties shippe and the rest to his most Christian Majestie , and he to put as many of his owne nation in as he will, and to doe what he will with them, so that whereas I had the commission of an Admirall, I am now like to be a slave unto them, as they threatened formerly to make me; therefore I humbly intreat your favour that you wilbe a meanes I may be called home, and some other put in that they are not distasted with as you know they are with me, in regard I would not condescend to their unreasonable demandes to breake the orders I had from his Majestie , and the commission I had from my lord Duke's grace, and be a traytor to my King and countrie, all which I desire you to to take unto your juditious consideration that some speedie cours 243 may be taken for my reliefe in this particular, which I may not indure: and so for present hoping of your favorable assistance I humblie take my leave, and remaine ever

    Yours to doe you service

    J. Penington.

    From aboard the Vanguard in Stokes Bay the 18 of July 1625.


  24. Sir Ferdinando Gorges[40] to the Duke of Buckingham.

    [State Papers, Domestic, Charles I. iv. 89.]

    May it please your Grace
    1625, July 19. Seeinge the shipps are againe to returne for Deepe, I humbly desire to goe thither myselfe that I may see the conclusion of their promisses, for our satisfaccions that are interessed in it. I have written to the same effecte unto his Majestie and shall humbly desire your Grace to favor mee soe much as to give secondes thereunto: it is possible I shalbe able to give content soe much the better to your Grace's desires, which I finde to be full of honor and worth. If I faile in anie thinge it shall be want of power not zeall to bring it to passe and, as soone as I returne, I will attend your Grace at Plimouth[41] and be ready with all I have to approve my selfe.

    Your Graces humblest servant

    Fred. Gorges.

    Written this 19th of July 1625.


  25. The Duke of Buckingham to Sir Ferdinando Gorges.

    [State Papers, Domestic, Charles I. Addenda.]

    Sir,
    1625, July 19. I have reseaved your lettre directed to me and scene yours to my gratious master, who intendes as much equity to his subjectes as he 244 expectes obediens from them, in confidens of your wisdom moderation and wyse guidens his Majesty is well pleased that you goe in person to bringe into obediens and contryve so your owne ships and the other marchants ships withe theyre capteynes and leiftenantes and likewyse pray you asiste the other capteynes in making theyre conditions equall and certeyn, but because you are not aquainted neither withe the extent of his later conducte and intentions, you are to reseav information and directions from Capteyn Penington, and more espeessially from my secrretary Niclas, of whom you are to inquire, to [follow him ?] and to and as much as in you is to cary your ship and capteines to honour theire directions according[?] to those injunctions to give all honor to the person of the Marquis of Fiat, and satisfaction for the servis of the most Christian King and our and for your justte suite to his Majesty and request to mee, you may be assured ther is nothing that I desier more then to ——? and procure satisfaction to persons of your merit, and marke[?] the well deserving servante of my most gratious master, whereof I shall upon all occasions be redy to give testemony in all, so that I am


  26. The Duke of Buckingham to Edward Nicholas.

    [State Papers, Domestic, Charles I. iv. 80]

    1625, July 19. Upon receipt of a lettre from Captain Psnington I see the disorder which hath happened, and am much trobled that the great respect which I desired should bee given to the Marquis d'Effiat's presence, and to shew affeccion to this busines should receave such a traverse. You knowe the affeccion I have to give the Marquis d'Effiat for the most Christian Kinge satisfaccion and the direccions I have given you in all events to applye yourself for the good successe of that accion. You are therefore accordinge to the direccions I have given you to indeavour to conforme those Captaines and shipps to his will: and I having receaved advise lately from 245 Lorken[42] that the peace is concluded betweene the most Christian Kinge and those of the Religion, it may bee the Marquis d'Effiat upon hearinge the same will easely put end to all theis questions, haveinge not the use he expected.

    Sir Ferdinando Gorges hath desired leave to goe in person for the better conforminge and accomodatinge of the contracts to equitie; and, accordinge to the instruccions which I gave you, I have referred him to advise with you, and you are to cause all the honor and contentment possible to bee given to the Marquis d'Effiat for the service of the most Christian Kinge, and by the direccions I gave you, you will judge how much it will agree with my contentment and to your care I leave it.

    G. Buckingham.

    Oakeinge
    Julie 19, 1625.


  27. The Duke of Buckingham to Captain Penington.

    [State Papers, Domestic, Charles I. iv. 85.]

    1625, July 19. I have receaved yours of the 18th of this present from Stokes-Bay, and cannot but wonder aswell as bee sorry that any such disorder should happen, as the withdrawing of the marriners from theire dutie and obedience, especially when a person of that quality as the Marquis d'Effiatt should bee present and have his expectation and endeavor made vayne. I doe require you to continue your dutie and care not onely to carry your shipp and saylors to the service of the most Christian King but alsoe to carry the rest of the shippes according to the direccions I have given by my secretary Nicholas whoe is there to that purpose, that hee may witnes your and eich other Captaines, Maisters, and Mariners, behaviours. And as the good obedience you and they shall performe in those instructions which I have given to my said secretary will procure you acceptance and estimation; soe those that shalbee refractory shall passe a strict 246 examinacion and receave punishment accordingly. You are therefore to have due regard to give all honor and contentment to the Marquis d'Effiatt, following entirely the instruccions and direccions of my secretary Nicholas. I mervaile of your demaund and can by noe meanes finde it reasonable that you a captaine, upon the instant of your obedience required, should aske leave to withdrawe yourself from this chardge, which I may by noe meanes consent unto; and therefore require you to continue it, and to conferr with and follow precisely the direccions I have given to my secretary Nicholas, whome you are to beleive: and soe I comitt you to God.

    Your very lovinge friend

    G. Buckingham.

    Oakinge
    Julie 19, 1625.


  28. Lord Conway to Captain Pennington.

    [State Papers, Domestic, Charles I. iv. 83.]

    Sir, 1625, July 19. I have received yours of the 18th of this present and see the perplexity that you are in betweene obedience and desire to doe that which you thinke honorable and good. It is almost impossible to bringe the obedience to a maistre opposite to his good service; and so much is to bee deferrd to the wisdome and providence of a supreme in his owne service, as the servante is to hope beyond that hee seeth of a better success then hee knowes. My hearte beares you witnes that you intende well, and you have not only so wise and good a patron but so happy a one as, followinge his directions, you cannot faile of such events as will justify you. I have understood that the Duke his Grace hath employed his secretary Mr. Nicholas to advise and take care with you that this worke might be conducted to the satisfaction of the most Christian Kinge, and to the honor of the Marquis d'Effiat, yet with equity to his Majestes subjects, and honor and advantage of those that commaunde and obey in the fleete; so if you advise with the secretary no doubte you will 247 finde out the upright way to obey. I cann by no meanes joine with you in seekinge your leave to quitt that service and to employ another in it, because it must bee dishonorable for you to bee called from it to employ a more sufficient, or unjust to sende another to the hazard from which you shoulde bee preserved; and moste of all for the evill example to admitt of a disputation betweene an inferior and a superior in the very pointe of an execution.

    You are happy that have to obey an excellent and a juste Kinge, a gracious and an honorable chiefe, who beinge wel able to judge of the goodnes of your intentions, will passe by any weakenes or disadvantage that arise from those good intentions or success, and apply to you the acceptance and reward of what you shall deserve well in: and in that I shall bee gladd to bee a witnes, and both contented and happy if I might bee an instrument beinge very desirous to take occasion to approve myselfe

    Your affectionate friend to serve you

    E. Conwey.

    From the Courte att Okinge
    19 July 1625.


  29. Sir Ferdinando Gorges to Charles I.

    [State Papers, Domestic, Charles I. iv. 88.]

    Most gratious Soveraigne
    1625, July 19. Seeing the French Embassadour hath broken the former contractes made with us for the imployments of our shipps, and that hee hath soe far forth prevailed with your Majestie that they are agayne to returne to Deepe, where hee promiseth to give all content for our further satisfaccion, I shall humbly desire that it will please your Majestie I maye have leave to goe thither in my owne shipp the better to conclude for what I conceave to be fitt in honor and justice, and that I may give such secondes to the rest of the captaines and owners as they desire to receave from mee; wherein it maie bee I shall have the oppertunitye 248 to doe your Majestie that service that becomes mee to performe, and be a meanes to prevent the evills that otherwaies maie insue the losse of such an occasion; and withall that your Majestie wilbe pleased gratiously to give order to my Lord Treasurer that I maie receave my owne meanes, without more delayes to prevent the starvinge of your Majesties service, and the ruin of my selfe and my owne fortunes; for all which I will for ever rest in all humblenes

    Your Majesties most dutifull and most obedient servant

    Ferd. Gorges.

    Written this 19th of July 1625.


  30. Philippe Burlemachi to the Marquis Effiat.

    [State Papers, France, No. 174.]

    1625, July 19. Monseigneur,
    Ce mattin estant retourné de Windsor, j'ay rencontre les capitaines des navires tous bien resolus de conformer a ce qui avoit este traicté à Rochester entre vos Excellences et Monseigneur le Duc de Buckingham, en conformité de quoy ils viennent se rendre à la rade de Diepe, pour monstrer le desir qu'ils out d'obéir aux commandements du Ser. Roy de la Grande Bretagne leur seigneur et maistre. Il restera seulement que, selon la promesse à eux faicte, ils soyent asseurez de la valleur de leurs vaisseaux qu'ils mettront es mains de Sa Majesté très Chrestienne, comme aussi qu'ils recoivent le mois de gage escheu et celuy qui escherra dans dix jours; en quoi je ne crois qu'eux accomplissant leur promesse, il puisse y avoir difficulté. Et pour retrancher tous delais et procurer en tant qu'en moy est que le service de Sa Maj. tres Chrestienne ne soit retardé, j'envois le Sieur David Papillon present porteur afin, qu'incontinent arrivé et qu'il aura traicté, avec vostre Excellence, il s'en aille en dilligence à Paris pour voir que satisfaccion soit donnée auxdits capitaines selon que vostre Excellence lui ordonnera, pour donner la derniere fin à cest affaire, la quelle m'a donnée tant de fascherie, et donnera 249 encores jusques à ce que je la voye acheminée à la satisfaccion de V. E. les Cannons doivent estre partis et j'espere que V. E. pour voira que je soye aussi satisfait, dont j'attendrois advis et lui baisant les mains je demeure.

    Monseigneur
    vostre très humble serviteur

    Philippe Burlemachi.

    Londres ce 19 Juillet 1625.


  31. The Earl of Pembroke[43] to Captain Pennington.

    [State Papers, Domestic, Charles I. Addenda.]

    Sir,
    1625, July 20. I must give you many thanks for your respect to me in so freely acquainting me with all particulars that have hapned this voyage. You shall receave directions by this bearer from his Majestie and my Lo: Admirall how to carry your selfe in this busines, which I know you will punctually obey. From me you can expect nothing but the assurance of my love which shall never fayle you in all occasions, as this bearer shall particularly let you know, I pray excuse my shortnes being opprest with extrordinary busines, and I shall ever unfaynedly remaine

    Your most affectionate frend

    Pembroke.

    Oaking this 20th of July.


  32. Note by Edward Ingham of a Message from the Earl of Pembroke to Captain Pennington.

    [State Papers, Domestic, Charles I. iii. 120.]

    1625, July 20[?] My Lord of Pembrokes wordes unto me at Okeing when I was readie to depart thence.

    That the letters which Captaine Pennington sent the Lord Duke 250 of Buckinghams Grace to himselfe and the Lord Conway was the best newes that could come to the Court, and that the King and all the rest were exceeding glad of that relation which he made of the discontent and mutinies of his companie and the rest: and that if such a thing had not fallen out, they should have bene constrained to have sent him advise to have devised to have brought some such thing to pass, if the French should accept of the service of that shipp alone without the reste: and that he should carrie it on fairely with them, but still to keepe himselfe master of his shippe, and if they proceeded so farre as to offer to take the possession of her, that then his men should take him prisoner and bring away the shippe. And that the sayd Capten Pennington might believe him, that he had thus much to deliver, it being the King's will and the rest that it was farre from them, that any of his shippes should goe against any of the protestants.

    Edw. Ingham.


  33. Captain Pennington to Edward Nicholas.

    [State Papers, Domestic, Charles I. iv. 97.]

    Noble Sir,
    1625, July 21. Upon Mundaie at nine a clocke in the morning, I received your letter with my Lord's inclosed. I presentlie sent for the masters of the merchants' shipes aboard mee, and signified my Lord's pleasure unto them, for our present cominge awaie for this place. They tould mee they weare willinge, but there companies would not. Then I sent for the rest of there officers as boatsains gunners and the like, and read my lordes letter unto them, and charged them in his Majesty's name to weighe and goe alonge with mee, but they all denied it, and tould mee they would not stirre before their captains came; nor then but upon other terms. I sawe I [was not] able to force them, soe one twesdaie morninge, I waighed and came awaye without them, but not without a great deale of troble of my owne people, as I will declare unto you at your cominge 251 aboard, which I desier maye bee soddenly. Since our weighinge, wee have incountered with dangerous storms, and I doe assuer you had it bene to save the world I could [not] have made greater expedition; and soe much you maye bouldly signifie to anie that you have ocation. I have sent this gentleman, my Liftennant, with my boat to bringe you aboard, where I longe to see you. Till then I cease and ever rest.

    Your faithfull frend and servant

    J. Penington.

    From aboard the Vangard in Deepe Roade this 21 July 1625.


  34. Edward Nicholas to Captain Pennington.

    [State Papers, Domestic, Charles I. iv. 104.]

    Noble Captaine,
    1625, July 22. I finde my Lord Ambassador much troubled with your aunsweare and refusall to deliver over the King's shipp uppon the warrauntes which you have receaved; in soe much as he will presently send away a post to our king to complayne against you. His Lordshipp hath commaunded me to wishe you either to come on shoare too morrow morning to accommodate this busines, or else that you will this night send to his Lordshipp your absolute aunsweare by lettre, wherein I desire you to be well advised, considering that this is a busines of very great consequence aswell for the contynnuance of the correspondency between two great kings as for your self. As your aunswere shalbe, my Lord Ambassador will resolve to send dispatches to both Courts; and therefore I pray lett his Lordshipp heare from you this night, thoughe it be late. And soe I rest

    Your very loving freind

    Edw: Nicholas.

    Diepe
    22 Julij 1625.

    I pray goe not away till you and I have spoken together; but send your aunsweare this night, and if you will come hither too morrow we will speake of all things. 252


  35. Edward Nicholas to Captain Pennington.

    [State Papers, Domestic, Charles I. iv. 100.]

    Captaine,
    1625, July 22. I would willingly have come aboard you myselfe to have had a few words with you, but my Lord Ambassador will not that I come, but that I should wryte to you to come hither to receave from his Lordshipps hand a letter signifying his Majestes pleasure what you are to doe. I know not well the custome that is observed by the captaines of the King's shipps, but I am of opinion that you should doe very well to make noe scruple to come a shore, because the King hath freely lent his shipp to this King. I hope to see you here shortly, and to give you an account of the care I have had to expedite a dispatch to you and soe I rest

    Your assured loving friend

    Edw: Nicholas.

    Deepe
    22 Julij 1625.

    If you come not on this my lettre, I must then come to you to attend the Ambassador and receave here his Majesty's pleasure, which you cannot refuse to doe without declining his Majesties service, for my Lord's comaund is that you should wayte on the Ambassador here. When you see the letter which the Ambassador hath, you may then returne, and in the meane tyme leave your chardge to your lieutennant and the master of your shipp.


  36. Edward Nicholas to the Duke of Buckingham.

    [State Papers, Domestic, Charles I. iv. 105.]

    May it please your Grace
    1625, July 22. The last night Capt. Penington came alone with his Majestés shipp the Vantgarde into this Roade, having not been able by reason of the absence of the masters and the obstinacy of the masters' mates to cary any of the other seven shipps along with 253 him. The French Ambassador delivered this morning both your Grace's and the Lord Conwey's lettres to Capt. Penington, desiring him to obey the same to the end that the caution which was agreed uppon might be dispatched, The Captain seemed willing to obey his Majestes and your Lordshipps pleasure therein, but having considered of the warraunt and the weightines of the busines, saith that the warraunt is not full enoughe, and craveth one more absolute and ample from his Majestie or your Grace to dischardge him cleerely of his shipp, and to require him to deliver her into the hands of such a person by name as you shall appoint. He doth refuse to have any hand in the valuacion of the King's shipp, or any thing belonging to her, or in the taking security for her. He desireth to know how the men in that shipp shalbe disposed of, in case the Anne Royall nor any other shipp of the Fleete come to receave them, and what present pay shalbe given here to bring those home who shall refuse to serve the French. He saith alsoe that there is noe order what shall become of the master gunner, the purser, boatswaine, and the master cooke, and the like officers in the shipp, whereof some have their places for lief, and have given security of 500 and 800 apeece to be accountable for what is in their charge and doe now desire to have a dischardge or their bonds delivered upp; that these things (which he saith are necessarily to be cared for) being ordered by his Majestie or your Lordshipp, he is reddy to quitt the said shipp and deliver her over into the possession of the French Kinge; and he allegeth, for his excuse in that he doth not presently surrender the shipp, that it is without precedent that a captaine of the King's shipp hath att any tyme delivered over the same into the hands of a Forreine Prince or meddled with the valluacion of her, or a busines of this nature. Uppon this his refusall, my Lord Ambassador is much troubled as by his dispatches you will perceave, and will not by any meanes lett me goe till he receaveth answeare from England; albsit I have exceedingly pressed his Lordshipp for my departure. This is a 254 busines of a very great weight, and will nether admitt of delay or denyall without a very ill consequence, and beinge a matter of state, I could wishe that there might bee a punctuall and speedy course held for dispatch of it; and I doe most humbly beseech your Grace to send some more able man in my place to accomodate this busines, for it is above my reach, and I shalbe able to doe you better service in England: or if you will that I contynue here, I beseeche you then to cause that I may receave autentique and ample instruccions how to governe myselfe herein, and that there may be a particular and certeyne somme or valluacion of the shipp sett downe by warraunt from his Majestie both of the shipp and goods, which is a busines above my last. The Lord Conwey or Sir John Coke will give, if you please to commaund, speedy and effectuall dispatches herein, that there may be noe more rubbs in it. There is a confident report here still that a peace is made by this King with Monsieur de Soubize, as I wrote in a former letter yesterday to your Grace. My Lord Ambassador attends your aunsweare here with much impatience. That which troubleth him most in the backwardnes of Captain Penington, is the scandall which by it is cast on him by the captaines and officers here, and the report of this newes which will hasten to the French Court; and therefore you may bee pleased to expedite the sooner an ample dispatch. It is of noe lesse consequence to your Grace to cherishe a good correspondency betweene these two great Kings then to provyde a sufficient warraunt for what you doe herein, and therefore I humbly beseech you as you tender your honour in these partes and desire honor and security att home, to take herein good advise and consideracion without any delay. I am peradventure more bold then discreete in this my relacion, but I assure your Grace it proceedes fram a true and harty affeccion to your service and honor, that the integrity and fidelity which I doe unfeignedly beare your Grace may not suffer in this busines throughe my want of experience; but that whilest I continue honest, I may still have the honor to be esteemed

    Your Graces

    Deepe 22 Julij 1625. 255


  37. Edward Nicholas to Captain Pennington and to the Ship's Company of the Vanguard.

    [State Papers, Domestic, Charles I. iv. 102.]

    1625, July 22. I desire to have an aunsweare in wrighting under the hands of all the officers and the rest of the company of his Majestes shipp the Vantgarte: Whether or noe they will presently leave the King's shipp and their places and chardge therein, according to his Majestes pleasure signifyed by my Lord Conwey; prouisions fitting being made (if they will not serve the French King) for their safe passage into England: whether they will receave presently or within a day, in quiett manner aboard the said shipp three hundred or more Frenchmen which shalbe sent by the King of Fraunce, according to the commaund of his Majestie expressed in the Lord Conwey's lettre?

    If they will obey either of these that they say soe; if not, that they sett downe their reasons and resolucions.


  38. Answer of the Ship's Company.

    [State Papers, Domestic, Charles I. iv. 102.]

    23 Julij aborde the Vantguarde 1625. The Company say all with one voyce that they will take aborde 150 French coming without armes, and carry them unto some part of England, and there leave the shipp to them, soe as they may have a good dischardge.


  39. Captain Pennington to Edward Nicholas.

    [State Papers, Domestic, Charles I. iv. 110.]

    Noble Sir,
    1625, July 23 I have drawne out the forme of a letter to send to his Majeste which I send you by this bearer to peruse and to shewe to my Lord Ambassador; yf you please, and if hee and you like of it, I will presently wright it fair, and send a gentleman awaie with it; 256 soe I maie have a shallope, not doughtinge but to have his Majestes absolute warrant befor wee shall dispache the other bussines. If hee likes not of this, if hee pleaseth to send 100 or 150 maryners aboard to goe over with us to any part of England, there she shalbee delivered to them within 24 howers after our cominge thither, if his Majestes pleaseth, I praie lett mee intreat you to come aboard, for my people are in a mightie mutiny, and sweres they will carrie mee home per force. I knowe your wordes will doe muche amoungst them, and I have a great desier to give satisfaction to my Lord Ambassador, soe far as I maie with saftie of life: thus hoping you will come alonge with my boat, I rest

    Your true lo[ving] frend to serve you

    J. Penington.

    I praie mend such faultes as you see cause in the King's letter, if you purpose I shall send it; as alsoe for the stile and titile or anie thinge elce.

    July 23, 1625.


  40. The demands of Edward Nicholas and the Captaines'[44] answeres touching the security tendered to them.

    [State Papers, France, No. 175.]

    Aboard the good Ship the Neptune [in Dieppe roads] this 23 of July 1625 stilo Anglie.

    1625, July 23. I am sent hither by my Lord and master the Duke of Buckingham Lord highe Admirall of England to see the execution and performance of his Majesties pleasure, signified by letter from my Lord Conway; and doe crave answere in writing under your hands, whether you will, according to my Lord Conwayes lettre, and upon the caution and security which was agreed on and parafaicted at Rochester by the 3 Lords Ambassadors of France, and by them delivered to my Lord who committed it to mee as the security I was to take, to deliver over your ships to bee disposed of by the most Christian King, or no. If you will performe this, I shall bee 257 ready to make knowne your obedience, and will procure you a sufficient discharge to your contentment. Signed

    Edw: Nicholas.

    For absolute answere to the demandes above written wee say that wee have a desire to give all content and satisfaction in this busines to his most Xstian Majestie and the Marquis d'Effiat, his Majesties Ambassador, in obedience to the commands receaved from our Soveraign and our Lo. Admirall; but for the security (which wee never agreed unto), tendered unto us and parafaicted by the three Ambassadors of France at Rochester (albeit wee acknowledged it to bee very honorable and worthy there greatnes), yet, under correction, wee hold it not competent and wise for us to accept therof, and therfore doe absolutley refuse to deliver our ships on the same, but doe humbly pray, if it be intended by the Lo: Ambassador that our ships should serve his most Xstian Majestie, that such caution may bee given us as may sort with the quality of Merchants to deale in: that is to say, to have security given us by sufficient merchants at Paris to be transferrd to London irrevocable, and such as may not bee protected by the prerogative or authority of the Princes of any state whatsoever, for which wee most humbly desire a declaration under the hand and seale of both kings.


  41. Edward Nicholas to Captain Pennington.

    [State Papers, Domestic, Charles L, iv. 116.]

    Captaine Penington,
    1625, July 24. My Lord Ambassador will stay here noe longer to attend your aunsweares, but be gonne hence to morrow morning, and hath sent this gent his Secretary to tell you as much, wherefore I would advise you to give his Lordshipp a better and more full aunsweare what you will doe in obedience to the lettres and warraunt which you have receaved for the delivering of his Majestes shipp into the hands of the most Christian King's ministers: and I wishe that you 258 be carefull to receave and enterteyne my Lord's Secretary (who bringes this) curteously and with all respect: And soe I rest

    Your loving freind

    Edw. Nicholas.

    Deepe, 24 Julij 1625.


  42. Edward Nicholas to Captain Pennington.

    [State Papers, Domestic, Charles I. iv. 114.]

    Captaine Penington,
    1625, July 24. My Lord Ambassador hath sent this gentleman his Secretary for to receave your last aunsweare. I doe advise you to take good heede therein, for it is a busines of the greatest importance that ever you can meddle in: I pray receave this Secretary and enterteyne him curteously and with good respect, which I doe wishe you to be carefull of, as being

    Your loving freind

    EDW. NICHOLAS.

    Diepe: 24o Julij 1625.


  43. Articles propounded by Edward Nicholas for the delivery over of the Vangard.

    [State Papers, Domestic, Charles I. iv. 1177.]

    24 Julij 1625. Aboarde his Majeste's shipp the Vantguarde.
    1625, July 24.

    1. I crave your direct aunsweare in wrighting under your hand, whether or noe you will according to my Lord Conweys letre signifying his Majestes pleasure presently take aboarde his Majestes shipp the Vantgarde soe many French as the most Christian King shall put into her and fight against such as that King shall appoint, excepting the King of Great Brittaine.
    2. Or whether you will according to my Lord Admirall's lettre, 259 grounded on that waraunt, quitt the said shipp to such of the French King's Ministers to be disposed as his most Christian Majestie shall direct.
    3. This is the busines I was sent for hither by my Lord and Master the Duke of Buckingham, Lord Highe Admirall of England, to see put in due execucion, and doe conjure you and the officers and company of his Majestes said shipp effectually to obey, as you will aunsweare the contrary att your perills; for if you will not doe it, I must and will protest to my Lord and Master against you and such as refuse to obey his Majestes and my Lord Admiral's comaunds.
    4. I further crave that you sett downe punctually and fully what you will doe in this busines on the commaunds you have receaved to doe honor and give contentment to the Marquis d'Effiat Ambassador of Fraunce for the present service of the most Christian King; to thend that I may be able to testifye to the said Ambassador and my lord and master that I have not bene wantinge for my parte to apply myself in all things to the good successe of this accion, whereof a strict account wilbe expected both from you and myself att our returne into England; and such as it wilbe impossible for us to aunsweare, if you doe not conforme yourself (as againe I chardge you) to performe his Majestes pleasure signifyed by my Lord Conwey's lettre, which you have receaved for the service of his most Christian Majestie.

    Edw. Nicholas.


  44. Captain Pennington's Aunswer to Edward Nicholas.

    [State Papers, Domestic, Charles I. iv. 115.]

    The 24th of July 1625 aboard his Majesties shippe the Vanguard.
    1625, July 24. To the first, I am contented to receive so many Frenchmen aboard his Majesties sayde shippe wherin I command as conveniently I 260 may, without pestring of the shippe, and breeding infection amongst us and as I am able to stow victualls and provisions for, and no more.

    For the second, I cannot quite and deliver over the shippe to the French King's ministers, to be disposed of as his most Christian Maiestie shall direct upon my Lord Admirall's letter or my Lord Conwayes warrant: neither if I would would the companie give way to it, we houlding them not sufficient for our discharge, but upon autentique warrant and discharge for me and my companie we are readie to do it, we all being readie to do all the honor and service we can with the hazard of our lives to his most Christian Majestie, or the Marquis of Fayat[45] Lord Ambassador for the French king, according to our sacred Majesties intent.

    And for what you shall say unto me by word of mouth from my Lord Admirall (except you shew me particular instructions under his Lordship's hand) I can doe nothing therein.


  45. Answer of Captain Pennington and the Ship's Company to the Marquis of Effiat.

    [State Papers, France, No. 175.]

    1625, July 24. Response que j'ay faite à la declaration qui m'a esté apportée de la part de Mons r le Marquis d'Effiat par son Secretaire.

    Je suis prest de rendre et delivrer le navire à Sa Majesté tres Chrestienne ou à Monsr le Marquis d'Effiat son Ambassadeur, apres ayant receu, garant et descharge legitime et autentique pour moy et pour ma compagnie de le faire, car encore que j'eusse voulu le delivrer incontinent, mes gens n'y consentiront ny me permetront de le faire. Cependant je suis prest et fais offre de recevoir abord un nombre competent des soldats et à obeir aux Commandements de Monsr le Marquis d'Effiat ou à quelque autre Seigneur qui sera deputé pour cest affaire par Sa Majesté Tres Chrestienne: et pour la lettre escrite du Roy mon Maistre à Sa Majesté tres Chrestienne, il me 261 souvient bien avoir veu le sceau, mais non pas leu aucun mot de l'escriture.

    24 Juillet l625,

    Capt. J. Penington.
    Lieut. Edm. Button.
    Le Maistre Tho. Nelme.
    Pilot Tho. Duckmantay.
    Pilot Roger Rose.
    Pilot Rob. Nethersole.
    Mre Cannonier Nich. Ansted.
    Contre Mre Ri. Edwards.
    Escrivain Rich. Cole.
    Charpentier Ma. Rew.
    Chirwigien Matt. Sommerland.
    Dispensier John Scudder.
    Cuisinier Jose. Spencer.
    Corporall JOHN Jagoe.

    Copia vera testor ipse Lucas.


  46. Protestation against Captain Pennington by the Marquis of Effiat.

    [State Papers, France, No 175.]

    Nous Anthoine Ruzé, Marquis d'Effiat, Chevalier des Ordres du 1625, July 24/Aug. 3. Roy, Conseiller en son Conseil d'Etat, Grand Maistre des Mines et Minieres de France, Premier Escuyer de la Grande Escury de Sa Majesté et son Ambassadeur extraordinaire en Angleterre, nous estans transportez en ce lieu de Dieppe, pour y recevoir les vaisseaux que le Roy de la Grande Bretaigne nous a promis de prester, tant par sa parolle Royalle, que par escrit, portant ordonnons à vous Michel Lucas, Secretaire de Sa Majesté et de l'Ambassade, de signifier au Sieur Penington Capitaine du Navire de sa Majesté de la grande Bretaigne nommé l'Advantgarde, quel aye à nous mettre entre les mains le dit navire de l'Advantgarde ou recevoir tous les 262 hommes quil fault mettre dessus pour le service du Roy mon Maistre, en ayant la liberté par les contracts que jay passé avec les Comm[issionaires] du Roy de la grande Bretaigne, en consequence du quel il me doibt toute obeissance et payé pour cet effet six mois de solde aux dits comm[issaires] dont j'ay quittance en datte du xviii Juilly dernier et sy le de dit Penington a veu de plus lettre du Roy son Maistre addressante au Roy mon Maisire en datte du 5o Juillet, par laquelle il remet ses vaisseaux entre ses mains pour en faire ce quil luy plaira et en consequence d'y cette fourny lettre de Monsieur Conoway premier secrétaire d'estat pourtant le commandement et decharge de la part du Roy son Maistre pour la livraisons du dit navire, et deux lettres de monsieur le duc de Buckingham grand Admiral d'Angleterre tendantes a mesme fin, dont il en a receu une a l'Isle de Wit, et lautre que nous luy aurions donné nous mesme a Dieppe, avec une du Roy nostre Maistre addressante a sa peisonne sur le mesme subject, et auroyt encor aujourdhuy recu lordre du Roy son Maistre, par lequel exprez commandement luy est faict d'obeyr, dont nous le sommons sur peyne d'encourir la tache de rebelle aux commandements du Roy son Maistre, estre comme tel puny comme criminel, ayant esté subject de faire rompre la foy publique entre ces deux Roys. C'est pourquoy sans plus differer nous les sommons par vous de faire declaracion de sa dernière volonté, et en cas d'obeyssance, ofrons de bailler toutes les commoditez que nous serions obligéz, en nous les faizant cognoistre a ce quil n'ayt aucun subject d'excuser sa dezobeyssance qu'il declare done sa derniere intention: et sil n'obeyt ou reffuze de respondre et signer ce quil ayra. le contenu de la presente signifficacion sera tenu pour constant et veritable sans pouvoir estre jamais contredit; et nous sera permiz de nous en ayder tant pour nostre decharge envers le Roy nostre maistre que on nous advizerons bon estre. En la tesmoing de quoy nous avons signé la presente, pour estre signifiée au dit Penington et de plus vous enjoignons de signifier le mesme au Secretaire de Monsr le Duc de Buckingham Grand Admiral d'Angleterre, a ce que la dezobeyssance, manquement, et 263 contravention au dit contrat soyt notoire a qui l'appartiendra, et de nous rapporter acte de tout ce que dessus pour vostre decharge, faict a Diepe ci 3eme Jour d'Aoust 16 cent vingt cinq.

    Lequel m'auroit i'ait response quil est mary que le dit Penington n'obeit aux commandements qu'il a receux, et que tous ceux qui sont avec luy soyent de si mauvaise volonté desobeissans aux commandements qu'il ont receus, tant du Roy leur Souverain, que de Monsr le Grand Admiral, dont il luy auroit veu bailer les lettres, lors que l'on luy monstre la lettre que le Roy de la Grande Bretagne escrit au Roy tres chrestien, et en est satisfait. Et le dit Secretaire recognoist par icelle que l'intention du Roy son Souverain est, que les dits navires ainsi qu'il est contenu par les lettres soyent mis entre les mains de Mons. l;Ambassadr pour le service de Sa Majesté tres chrestienne, et qu'aussi il s'asseure que le dit Penington et son equipage seront blasmez de la faulte qu'ilz commettent, et quant a luy que s'il pouvoit remedier, il le feroit de bon coeur, en ayant receu expres comandement de Monsr le grand Admiral son maistre; et se rapporte au tesmoignage dc Monsr le Marquis, sil n'a pas faict tout ce qu'il a commandé et fera autant qu'il luy sera possible. En tesmoing de quoy j'ay signe la presente pour servir de descharge à qu'il appartiendra.

    Je recognois tout ce qui est dessus estre veritable, en tesmoing de quoy j'ay signé la presente

    Edw. Nicholas.


  47. Edward Nicholas to Captain Pennington.

    [State Papers, Domestic, Charles I. iv. 119.]

    Capt. Penington,
    1625, July 25. I have prevayled with my Lord Ambassador not to goe hence till Thursday next, soe as you will assure him by wrightinge that, in case you receave not by that tyme a comaund from our King nor my Lord Admirall contrary to what you have alreddy receaved, that you will deliver the shipp which is under your comaund into 264 the handes of his Lordshipp for the service of the most Christian King; whereof I thinke you shall not neede to make any difficulty; for that, betweene this and that, you will receave a direct comaund, if things are not altered, and if they be then are not you obliged. Putt not things to an extremity, for if the Marquis d'Effiat doth goe away we shall be much troubled. I wishe you should therefore write to his Lordshipp a few wordes to pray him to remayne here on this condicion.

    And soe.

    25 Julij 1625.


  48. Captain Pennington to Edward Nicholas.

    [State Papers, Domestic, Charles I. iv. 120.]

    Sir,
    1625, July 25. I know not what to wright you more then I have formerly delivered to my Lord Ambassador, yourself, and his Lordshipp's Secretarie yesternight. I am willing to doe any thing I may with security of my lief to doe my Lord Ambassador service, and to give him all the content I can; but for the delivery over of the shipp without an expresse warraunt from his Majestie my company will not yeild unto it; neither for the taking of 400 French men aboard, which indeede is a riddell to speake of, their neither being roome for stowage of victualls for a quarter of them, nor place to lodge them in, without poysoning one another. I have red your letter to the company, and made knowne my Lord Ambassador's desires to them, which hath put them all in such a rage and mutiny that they sweare they will carry me away by force, and the shipp for the Downes; which I much feare they will performe. Thus in hast and perplexed on both sides, I remaine ever

    Your freind and servaunt,

    Jo: Penington.

    From aboard the Vantgarde this 25 Julij 1625.
    Copia vera test. ipse.
    Edw. Nicholas.. 265


  49. Edward Nicholas to Duke of Buckingham.

    [State Papers, Domestic, Charles I. iv. 122.]

    May it please your Grace,
    1625, July 25. Yesterday, uppon the receipt of your lettre and conference thereon with my Lord Ambassador, I went by his Lordships direccons aboard the Vantgarde to Capt. Penington to effect what I could possibly in obedience to your Graces commands, and the lettres the said Captain receaved for the delivery over of his Majestés shipp into the handes of the Marquis d'Effiat, for the service of his most Christian Majestie; when, after I had spent with him 8 houres, I receaved to the proposicions which I delivered to him the same aunsweare he gave att the first, which was such as I acquainted your Grace withall in my dispatch sent by a Courrier of my Lord Ambassador's the 23 of this moneth, refusing on the lettre he had received, and without a sufficient discharge for himself and his company, to deliver the shipp to my Lord Ambassador, or to take into her more French then he could conveniently lodge without pestering the shipp, which could not be above 80 or 100 att the most: and having made knowne the Captaine's aunsweare to my Lord Ambassador, his Lordship presently, the same night, sent his Secretary with a protestacion against the said Captaine for refusing to obey the comaunds he had receaved, which his Lordship did hasten, fearing that the shipp would be gone that night, he heryng that the company had used threatnings to that purpose. Whereto he answered that he was reddy to obey the comandes he had receaved, soe as he might have a sufficyent dischardge for himself and his company, and that without it, thoughe he would obey, yet his company would not. This morning by my Lord Ambassador's command I wrote to the Captain that his Lordshipp was content to stay here till Thursday next, soe as he would assure his Lordshipp by wrighting that, in case he receaved not by that tyme a comand from England contrary to what he had alreddy received, that he would then deliver the Vantgarde to his Lordshipp for the service 266 of the most Christian Kinge; the Marquis beleeving that by that tyme his Courier would be returned from England and that, by this meynes, his Lordship and the Captain might be sure of each other by their mutuall premisses. To this the Capt. returned me answeare that, without a dischardge, he would not deliver the shipp, and that when he read my lettres to his company they were all in mutiny, and did sweare they would carry away the shipp by force; but my Lord Ambassador because he should not excuse himself on the mutiny of his company, as he had done before, to performe what I wrote by his Lordship's comand, delivered to me by his Secretary that if his men were mutinous and would not obey him, he would goe himself and a Knight of Malta with 400 French to make them quiet. This afternoone, whiles I was wayting on my Lord Ambassador, there came newes that his shipp was under sayle; but giving noe creddit to it I went to see and founde it true, which I would have sworne had bene a thing impossible. The shipp went hence about 4 or 5 a clock, the weather being very temperat and the winde rather against them then otherwise. My Lord Ambassador hath hitherto forborne to wryte any dispatch to the French Court of all these delayes and discontsntes which have troubled him, hoping and expecting still that this busines would att length be well accomodated. Your Lordshipp may easily guesse how much this doth trouble my Lord Ambassador, and in what payne he is, in attending your last resolucion by this Courier. There have as yet bene none of the merchantes shipps in this roade since my coming. My Lord Ambassador will not stirr nor permit me to departe till he receive your Grace's lettres. If I could once see a good end of this busines, I would make it my earnest suyte to your Grace that I may be noe more trusted with an imployment soe much above my abillities, but that I may receive your comandes in such businesses as I may be able to render you a good account of the dilligence and care of

    Your Grace's

    25o Juilett 1625. st: Angl: 267


  50. Lord Conway to the Duke of Buckingham.

    [State Papers, Domestic, Charles I., Addenda.]

    Gracious patron,
    1625, July 25. Yesternight I received a letter by Captaine Franklin from your Grace's Secretary Mr. Nicholas, the letter directed to you, but hee brought mee a verball warrant and direction in your absence to open it, to represent it to his Majesty and to give such answere as I received. Hee speakes likewise of a French man, who hath brought letters, and because hee is not here by two a clocke I suppose hee hath taken knowledge of your Grace's beinge att New-hal, and is gonne directly thither: His Majesty is of opinion that for the most parte the letters you formerly writt have answered this last letter. Hee observes the honest zeale of your Secretary in that parte of his letter which is markt in the margent, but gives no order for the changinge of former directions, and I must, in the duety I owe your Grace, say that there is not any thing so tender and to bee so deare to you as the avoidinge of that scandall, offence, and hazard of extreame inconstancy, as if his Majesties shipps shoulde fight against those of the Religion. His Majesty hath farther commanded mee to let your Grace know that by reason of the sicknes comminge to Windser, hee goes upon Wensday to Okinge, on Friday to Bisham, on Saturday to Ricott, where hee assignes the Lords to meete him, and then your servant hath a hope att the farthest to kisse your Grace's hands with as much humblenes and more constancy then ever he did his mistress's, and with the faith not to bee exceeded of.

    25 July 1625.


  51. Captain Pennington to Charles I.

    [State Papers, Domestic, Charles I. iv. 132.]

    Most Sacred Majestie,
    1625, July 27. Be pleased to understand that I being put in command of your. Majesties shippe the Vanguard by warrant from my Lord Admirall for the service of the most Christian King, and thereupon received 268 sundrie instructions under his hand for the safe keeping possession of the sayd shippe during the service, which I have hitherto carefully and punctuallie observed, and now have lately received a warrant from my Lord Conway, dated at Hampton Court the 10th of this instant, commanding me, in your Majesties name, to deliver the command of this your Majesties shippe wherein I serve, with the rest of the marchantes shippes (if they were in my possession) to his most Christian Majestie. This is the former part of the warrant; and then followes that I am to receive so manie persons into the said shippes as his Christian Majestie shalbe pleased to put into them, and there to be continued during the terme of the contract, and that this I am to obey with the greatest moderation and discretion I can. These are the very wordes of the warrant, which after I had often read, and in my best judgment seriously considered, I conceived (under correction) that the later command was contradictorie to the former, being by the first commanded to give up the sole command to his Christian Majestie, and by the second to receive so manie aboard as it pleaseth his Christian Majestie to put into them, during the terme of the contract, which wordes continue me still in the possession of them. Moreover, maie it please your Majestie to understand that, with the said warrant, I received a letter from my Lord Admirall, thereby chargeing me to deliver over your Majesties shippe with the rest according to the warrant, and to take securitie for the shippes according to the true valuation; but neither out of my Lord Admirall's letter, nor my Lord Conway's warrant, could I perceive it to be your Majesties intention nor their Lordships' that I should quit your Majesties shipp to his Christian Majestie, or to his ministers: howbeit I had verball directions by my Lord Admirall's Secretarie for it, but that (in my opinion) was not a sufficient warrant to discharge me and my company to surrender so greate a charge; and therefore durst not do it without express order from your Majestie.

    And for the valuing of any of your Majesties shippes (they are so precious in my estimation and so farre transcending my sphere) 269 that I most humbli crave pardon, if I be thought to curious and tender to have a hand in a matter of so great consequence.

    I have used all the best meanes I can to give his Christian Majestie and Monsieur de Fayat his Ambassador content herein, by offering to take aboard so many souldiers as convenientlie I could, and to goe upon any service that they should imploy me in, agreable to your Majesties command: but nothing would satisfie them save the possession of the shippe, either by the deliverie of it upp into their owne handes, or by putting four hundreth souldiers aboarde with a cheife commander; that so they might take it when they pleased, and cut all our throats, as they dayly threatened. And because I would not yield to either of these, his Lordship hath protested against me as a rebell to your Majestie, using manie other disgracefull, opprobrious, and threatening speaches tending to the taking away of my life, except I would surrender the ship or receive the sayd commander with 400 souldiers aboarde, which I refusing, not daring to do it (having received two letters, the one from my Lord Admirall, and the other from my Lord Conway of the 19th of this moneth to continue my charge) he gave me over to do what I would, and utterly denyed to give me any further command, though I sent expressly to offer my service to him, hearing that he was yesterday to leave the towne of Deeppe to goe towardes the Court.

    All my Companie (if it please your Majestie) exceedingly distasting these demandes of theirs, weighed anckor the 25th of this present from the Roade of Deepe, and set sayle for England without acquainting me with it, and when I demanded their reason, they tould me that they had rather be hanged at home then part with your Majesties shippe upon these terms: yet, however they did it without acquainting me. I must confesse I knew of it, and did connive; otherwise they should never have done it, and I live; for I had rather lose my life than my reputation in my command. I dare not trouble your Majestie with all the wayes and slightes that have bene used to make me deliver upp your Majesties shippe 270 into their handes, but if either promises of great pensions during my life, or present sommes to be layde downe, or faire wordes, or threateninges would have made me yield her uppe, she had bene gone and (with your Majesties pardon) you maie be confident, that if they had once gotten the possession of her upon any termes, she would never have bene returned: but, although I be poore, I had rather live with bread and water all the dayes of my life then to be an actor in this busines, wherein I should be a traytor to your Majestie and my countrie.

    Thus humblie craving pardon if I have not performed Your Majesties will, and laying downe my life at your Sacred Majesties feete, and praying dayly for your Majesties many and happie dayes, I humblie remaine ever

    Your Majesties most humble and loyall subject and servant,,

    J. Penington.


  52. Captain Pennington to Sec. Lord Conway.

    [State Papers, Domestic, Charles I. iv. 133.]

    My Honorable good Lord,
    1625, July 27. I have received a letter and a warrant from your Lordship, the one of the 10th, the other of the 19th of this present, and have endevoured to obey your Lordship in both. I have not now tyme to give your Lordship a particular account of them, but referre your good Lordship to my Lord Duke of Buckingham Grace for the same, onely your Lordship may be pleased to understand that I have done my best to give content to his most Christian Majestie and his Ambassador Monsr de Fiat; but nothing would suffice them but the surrender of his Majestes shippe into their handes, which I conceived I had not warrant for, therefore durst not do it upon paine of my head, so that I am returned with his Majesties 271 shippe (which is all I had now under my command) to the Downes, where I attend his Majestés further pleasure, and ever remaine

    Your Lordships humble and devoted servant,

    J. Penington.

    From aboard the Vangard in the Downes the 27th day of July 1625.


  53. The demands of Sir Ferdinando Gorges and the Captains of the merchant ships.

    [State Papers, France, No. 175.]

    1625, July 27. Wee. the Owners and Captaines of the English ships hyred for the service of his most Christian Majestie, are come hither in obedience to our Soveraigne Lord the King, whose pleasure is whee should give all content unto his most Christian Majestie, which wee most humbly have and doe obey; but wee hope it is conceaved that as we are owners and masters of our owne goods, so it will not bee thought unlawfull or unfitting that wee make our owne reasonable conditions before wee depart with them; as also that wee free ourselfes from those questions and troobles wee are now in.

    First, therfore wee desire to bee freed from those advantages may bee taken against us, by reason of the protest published against us by the Marquesse D'Effiat, Ambassador Extraordinary for his sayd Christian Majestie, and that to be donne immediately and without more delay, that wee may the better and more securely treat upon what is else to followe for the satisffaction of both Kings.

    Next, that wee may have present security for the safe delivery of our Ships to us againe and satisffaction for our enterteynment; and the security wee presently demande (if his most Christian Majestie intend to bee putt in possession of our ships) is money to bee deposited in the Chambre of London without revocation, protraction, or any other impediment; and that wee may still receave it as it shall growe due. This wee doe for that the former security of merchands stands us in no steede, because wee have 272 found by experience there is stop made of our pay, and wee knowe not how to right ourselved in it.

    Lastly, for that the ships of England are understood by our state to bee the fortresses and publique defence of that kingdome, and that the delivery of them into the hands of any forreigne Prince or state concernes no lesse the lifes of the deliverers then if they should render any other place of publique defence put into there hands wee most humbly desire, for our freedomes and securityes in that behalfe, wee may have full and ample warrant and authority under the broad seale of England for our full discharge, as also that wee may bee freed from bonds wee stand bound in for the not alienating of any our ordinance, and that wee may not bee questioned for the same by any lawe allready made, or to bee made hereafter.

    And further, if it be demanded why wee are more cautious now then at the first drawing of our articles, wee answere bycause those articles were drawne by commissioners, and these are to bee donne our immediate selves, the first being wholy broken.

    And for that wee desire there bee no farther delay or protraction of tyme on our parts wee, whose names are hereunto subscribed, have thought fit to entreat our worthy and beloved friend Basset Cole, gentleman, in our behalf, and for us to present this above written to the right honourable the Marquese D'Effiat; and wee give farther unto the said Basset Cole full power and authority to treat upon the conclusion of all the said former articles. In witnes whereof wee hereunto set our hands.

    Ferd: Gorges. Anthony Tutchen,
    James Moyer,
    Henry Haven,
    Thomas Davis,
    Jaspar Dria,
    John Davies, for my selfe and Peter White.

    Dated this 27th of July from aboard the Great Neptune of London in the roade of Deepe, 1625. 273


  54. Thomas Lorkin to the Duke of Buckingham.

    [State Papers, France, No. 175.]

    May it please your Grace,
    1625, July 27. My penne would not dare to sore thus high, had it not a good author and errand to warrant me therunto, but arriving at Fontainebleau yesterday I found the world somewhat amazed at the King's suddaine and unexpected returne from his hunting journey; his present entering into council; the long deliberations there; the frequent consultations betwixt the ministers themselves and them and the Embassadors of Venice and Savoy in private. Some great matter they deemed it to be; and the most apprehended some new blow from Rochell. By enquiry I learned that the subject of all this serious deliberation was the affaires of Italie, more particularly whether the warre should be openly declared upon the Spaniard in the Milanese, yea or no. The affirmative was resolved, and so assured me by a reasonable good hand, but I desired it from a better, and therfore, understanding that the two foresaid embassadors were then in conference with Schomberg and Herbant (about the same affaire as I heard afterward), I watched their issue, and followed them to their chamber, and there addressing my self to him of Savoy, told him what I heard, lett him know how much it imported the publique that his Majestie of Great Brittayne were rightly and truely informed therof, desired to hear the verity therof from his mouth. He first stipulated secrecy, and then assured me that it was most true, that therfore I might bouldly write it and make him my author; nay intreated me so to doe, and to direct my letters to your Grace with his most humble baisemains, and this further advice, that your Grace would be pleased to putt all in readines there, for he hoped within a few dayes to write unto yow himself of some farre greater matters. I have despatched away this bearer expressely hereupon, having nothing to adde therto, save that yesterday there arrived here three deputies from the 274 churches in Vivaretz, to demaund (with the rest) the execution of the treaty of Montpellier, but protesting against the course that others held of seeking it by way of armes; and that (the day before) the King (to facilitat a good conclusion here at home) had dispatched away two curryers, viz. the Baron de Chavanne towards the Admiral, the Marshal de Praslin, and Toirax, and Le Sieur de Reolles to the Duc d'Espernon and the Mareshal de Themines, to command a cessation of all acts of hostility immediately upon the acceptance of the conditions of peace by those of the Religion, who I hope wilbe better advised then to seeke their owne overthrowe in the ruine of the publique. I had allmost forgott the motion which some deputies here have (since the combat) made in Soubize's behalf, that, for as much as it takes away all confidence from him of adventuring himself henceforth in any part of Haultain's[46] fleet, that the King would be pleased to dispose of those ships otherwise, and to give him in recompense some little further summe of mony, with some small government wherin to putt himself under covert against the malice of his enemies; and instance in that of Loudun. But the ministers (facile enough in the first point) approve not of the choice in the second, and offer in stead thereof Noyon in Picardie, which the deputies like not of. Yet this difference will (as is thought) be easy enough accommodated if the other once be fully agreed on of all parts. I will not multiply your Grace's trouble further, but heer most humbly prostrate myself at your Grace's feet, in quality of, &c.


  55. The Earl of Pembroke to Captain Pennington.

    [State Papers, Domestic, Charles I. Addenda.]

    Sir,
    1625, July 28. Since my last unto you and my message by the bearer,[47] the King is assured that warr will be declared against Spaine for Millain, and 275 the peace is made in France for the religion. Therfore his pleasure is that you peremptorily obay this last direction without reply.

    Your most assured friend,

    Pembroke.[48]

    I pray let Sir Ferdinando Gorges understand thus much from me by you.


  56. Charles I. to Captain Pennington.

    [State Papers, Domestic, Charles I. iv. 135.]

    Charles R.
    1625, July 28. Pennington. These are to charge and comaunde you, imediately upon sight hereof, that without all difficultie and delay yow put our former comandement in execucion for the consigning of the ship under your chardge called the Vantguarde into the hands of the Marquis d'Effiat, with all her equipage, artillery, and amunicion; assuring the officers of the said ship whom it may concerne, that wee will provide for their indempnity: and we further chardge and comand yow that you also require the seaven merchant shipps in our name to put themselves into the service of our deare brother the French King according to the promise wee have made unto him; and, in case of backwardness or refusall, we comaund you to use all forceable meanes in your power to compel them thereunto, even to their sinkinge. And in these severall chardges see yow faile not, as yow will answeare the contrarie at your uttermost perill: and this shalbe your sufficient warrant. Geven at our Court at Richmond the 28th of Julie 1625.


  57. The Duke of Buckingham to Edward Nicholas.

    [State Papers, Domestic, Charles I. iv. 136.]

    Nicholas, 1625, July 28. This bearer doth carry an ample and expresse commandement to. Captaine Pennington from his Majestie for the consigning of the 276 Vandgarde into the hands of the Marquis d'Effiat, with assurance to the Officers of the said Ship, that there shall be order taken for their indemnity, so as I expect that there shall be noe further difficulty or delay used. Upon the delivery of the ship you are to receave the caution stipulated by the contract, and so to returne. This is all that for the present you are required by

    Your loving master,

    G. Buckingham.

    From Richmond the 28 of July 1625.


  58. The Duke of Buckingham to Captain Pennington.

    [State Papers, Domestic, Charles I. iv. 137.]

    Captaine Penington,
    1625, July 28 I have newly receaved a longe dispatche from yow, which as yet I have not had the leisure to reade quite throwgh: but before the receipt therof, I must tell yow, that the Kinge was extremely offended with yow for the delayes yow used in the consigning of the Vantguard and therupon hath sent yow a stricte and expresse warrant which, if yow desire to make yowr peace, yow must not faile punctually to observe, and yow may doe it, and so may assure the marchants with the better courage and alacrity; the peace being made with these of Rochelle and the rest of the religion as we have newly receaved certaine advice. So expecting your conformity to his Majesties pleasure, I continue

    Your very loving frend,

    G. BUCKINGHAM.

    From Richmond the 28 of August[49] 1625. 277


  59. The three Clauses sent to the Marquis of Effiat by the Captains of the Merchant Ships.

    [State Papers, France 175.]

    May it please your Lordship, 1625, July 30.

    1. Havinge bin soe vehemently pressed by Mr. Nicholas, Secretary to our Lord Admirall, to deliver our Shipps before security given to our content, contrary to former propositions, howsoever it pleaseth him to conceive of it, without offenee wee hould it unreasonable; and doe answere therounto that, before wee receave our security, wee will deliver none of our shipps out of our possessions.
    2. As for the valuacion of our Shipps, wee have heerewith sent it as wee purpose to stand unto, without abatement of anie thinge, much or little, wherein wee hope wee shall not give occasion of offence, seeinge it is as lawfull for the owner to sett his owne price, as it is for the buyer to leave or take.
    3. Lastly, wee expecte to have the former propositions sent your Lordship by Mr. Nicholas fully to be observed in all things, savinge that for the security in present money to be deposited; and of the rest noe more question to bee made, for that without it wee dare not proceed any further. To all which wee desire a present answere that it may appeare the delays rest not of our parte. Thus comittinge your Lordship to God's holy proteccion wee rest

    Your Lordships humble servants

    Ferd: Gorge,
    James Moyer,
    Anthony Tutchen,
    Tho: Davis,
    Jesper Dare,
    Henry Lewin,
    John Davis.

    Dated in the roade of Deepe the 30 of July 1625. 278


  60. Sir Ferdinando Gorges to Edward Nicholas.

    [State Papers, Domestic, Charles I. v. 3.]

    Sir,
    1625, Aug. 1. I shall desire you to remember my service to my Lord Embassador and to give hym to understand that I have nowe noe more power to perswade these people to staye heere any longer, for they finde the stormes like to come in, and the roade to be exceedinge dangerous; wheruppon they conclude a necessity of their departure for the coastes of England, where wee purpose to attend his Excellencyes further pleasure and commandes. For my particuler I will doe the best I can to recover Portsmouth, as the most convenient place (as the tyme nowe is) to send and heare from the Court, and to dispatche those busines that you knowe is necessarily to be dispatched.

    You maye further give his Excellency to understand that I am exceeding sorry, things so fall out that itt is nott in my power to returne his respects unto me for the honor he hath done mee in my Lady Marquise coming aboard, and for sending his two younge Jewells to me yesterdaye with his kinde and noble invitements: For all which he shall assuredly finde I will continue to rest his humble servant. I praye you to remember my service unto my Lady Marquise, with many thankes to her honor for her noble favor: and as I expect shortly to returne agayne, so I will nott fayle (under her favor) humbly to kisse her handes ashoare. Thus with my love remembred unto yourself I will continue and rest

    Your assured loving Frend

    Ferd: Gorges.

    From aboard the Great Neptune in the rode of Deepe The first of August 1625. 279


  61. The Duke of Montmorency, Admiral of France , to Captain Pennington.

    [State Papers, France, No. 175.]

    Monsieur,
    1625, Aug. 1/11. Sur l'avis que m'a esté donné que vous estiez revenu à la radde de Dieppe avec nouvel ordre de servir le Roy en son armée navalle, je vous fais celle cy pour vous suplier de vous rendre en ce lieu le plustost quil vous sera possible, pour y joindre la dite armée, affin qu'estant assisté de vos forces et de vos bons conseils, nous puissions ensemblement avoir plus d'aventage sur les rebelles. Je vous conjuredone de faire dilligence parceque le temps presse, et de croire que je ne perdray point d'occasion de vous y tesmoigner l'estime que je fais de vostre merite, et que je suis, Monsieur,

    Vostre tres affectionné à vous faire service,

    H. Montmorency..

    Sables le 11 Aoust, 1625.


  62. Captain Pennington to Edward Nicholas.

    [State Papers, Domestic, Charles I. v. 7.]

    Sir,
    1625, Aug. 3. I ame nowe returned with a sufficient warrant to purforme the. service my Lord Ambass[ad]or's desires, and ame redy instantly to surrender hur up into his handes, soe sone as hee plaseth to provide us barkes to carie us off, and to cause the rest to doe the like or sincke by their sides. Soe sone as I ame come to an anker and have spoaken with them I will come ashore and waight upon my Lord and acquaint him further. In the meane time I pray remember my humble service to him, and with the like to yourselfe I rest

    Your most assured lo[vinge] frend to serve you

    J. Penington.

    3 August, Vangard. 280


  63. Offer of the Captains and Masters of the Merchant Ships.

    [State Papers, Domestic, Charles I. v. 13.]

    1625, Aug. 4. We are content if we may have severall cautions for every of our shipps given us by sufficyent merchauntes in Diepe to be transferred over into England, and there to be given by Mr. Burlemach and others sufficyent Euglishe merchauntes for our shipps within fifteene dayes after the delivery over of them into the hands of the Marquis d'Effiat for the most Christian King; and that if we may have one monethes present pay for our men and security for the payment of thother monethes pay (both which was due the 28th of July last), to be paid in London within 15 dayes after the delivery of our shipps,

    That then we will deliver our shipps unto the said Marquis d'Effiat for the service of the most Christian Kinge according to his Majestes commaund.

    Aborde the Industry 4 August 1625, st. Angl.
    Witnesses, Edw.[50]


  64. Sir Ferdinando Gorges to Lord Conway.

    [State Papers, Charles I. Domestic, v. 18.]

    My Lord,
    1625, Aug. 5. I doubt nott but his Majestie will receave sharpe informacions agaynst mee from the Marquesse de Fiat; as if I had been a violent enimye to the affayres of his master; but (Sir) you shall finde the truth to be, I stood for the honor of my nation, and the safety and proffitt of myselfe, being engaged in that ymployment a matter of tenne or eleven thowsand powndes, a portion too great to be hazarded without just reason or sound consideration, att the least when itt came to myne owne share to capitulate for myself as att the present itt did; for nowe I was att the Ambassador's desire, and his Majestes comaund, to resigne my shippe and her provisions 281 wholy to the possession of the French, uppon a newe agreement; the first contract (made by the Commissioners) being voyde; and uppon this ground I propounded such conditions for myself and the merchauntes then present as were conceaved to be reasonable, namely that we would be freed from the advantages he pretended agaynst us by reason of his protest: and that wee might be secured for the safe delivery of our shipps unto us agayne, and duely sattisfied [of] our entertaynement for their imployementes: lastly, that we might have sufficient warrant from his Majestie for putting our shippes into the handes of strangers, which we knowe to be a matter of noe meane consequence; and howsoever reasonable these conditions were thought to bee yet his Lordship seemed to take itt somethinge tenderly, conceaving that he had sufficiently determined all those things att Rochester, where there was some conferences betweene the three Embassadors and two of the masters of the shippes: att what tyme their Lordships offerred their owne securityes, which although itt was honorable and becoming their greatnes, yett was itt nott receaved by the masters (as they solemnly protest) as fitt for the quallityes of merchantes to accept of: yet agayne his Lordship required to be punctually sattisfyed, whither we would stand to itt or nott; to the which we as playnely answered that althoughe wee esteemed itt to be very honorable yett nott competent for men of our quallityes to deale with, butt if he pleased to give us security by Merchants in Paris, to be transferred from them to Merchants in London responsible, itt should sattisfye us for that perticuler, butt we likewise expected the accomplishment of the rest of our articles, or otherwise wee could proceed noe further: butt after many debatements att the last, his Lordship seemed to approve of the reasonablenes of our demaunds, and gave me to understand by my Cozen Cole (whom I have wholy imployed in this busines, and nowe send to your Lordship with the rest of the particulers more att large) that he had sent them to Paris, and looked for a speedy answere. So wee attended in expectation therof. In the meane while, Capt. Pennington returned with 282 order from his Majestie for his delivery of the Vantguard and her furniture into the hands of the Embassador, with like order to hym to cause the merchants to doe as much. Whereat being extraordinarily perplexed for the present, and finding that the Embassador thought by that oppertunity to be master of my goods in dispighte of mee, and to accompt for the same att his owne will, and having itt in his power to take all advantages agaynst mee (being now in possession of my shippe) that the quilletts of lawe would give hym, by reason of the former protest; and assuring myself, itt could by noe meanes stand with his Majestes royall purpose to ruyne his owne subjects to pleasure strangers; as also conceaving a warrant directed to Capt. Penington onely to be noe sufficient discharge for me, if after I should be questioned legally in myne owne Countrey, I resolved to putt myself to his Majestes mercye for detayning my shippe, notwithstanding Capt. Penington's order in that behalfe, unlesse the Embassador gave mee the security formerly propounded, which he refused to doe: and theruppon I tooke the oppertunity to sett sayle, giving his Lordship to understand (before this occasion fell out) that there was a necessity for me to goe to the coastes of England with my shippe, that rode being unsafe to her to ryde, wherein we had sufferred a desperate storme, with much perrill for eight and forty howers together; and that if those articles were accepted, the shippe should be alwayes readye to attend his Lordship's comaundes, the which I am still willing to accomplish.

    Now, my good Lord, if in any thinge thus done by mee I have omitted what in duty or discretion I was bound to doe, I humbly crave pardon of his most royall Majestie, to whose mercye and grace I submitt myself, my life, and goodes to be disposed of accordinge to his gratious pleasure, and for the mayntenance of whose honor and happines I will at all tymes readily render the same; and of thus much I shall humbly desire your Lordship will acquaynt his sacred Majestie in my behalf, and vouchsafe me that noble favor as to use your best meanes to excuse my errors; and for that, as for 283 many other your honorable cares taken of mee and myne, I will for ever rest

    Your Lordships humble servant,

    Ferd. Gorges.

    From aboard the Great Neptune off of Beachy the 5th of August 1625.


  65. Thomas Lorkin to Lord Conway.

    [State Papers, France, No. 175.]

    Right Honorable,
    1625, Aug 4/14. Having some two dayes since made a posting journy to Paris to redeeme an English gentleman (Mr. Slingsby) out of the hands of a most partiall and rigorous judge, who for that he had lightly wounded a sergeant that, contrary to all formes of justice, came to seize upon his person for a small debt of fourty crownes, meditated against him conclusions of death (from which danger I have now freed him by enlarging him out of prison and evoking his cause before the Council); I there mett with another suite of like nature from nine poore English mariners who being in hard and miserable durance at Rennes (for such cause as their enclosed letter, directed to the Embassador but delyvered me to execute the contents, will manifest) desire to have the hearing of the matter transferred hither. Immediately therefore upon my returne back to Court, I moved Monsr de la Ville aux Clercs therin, who tould me, that such evocation could not be graunted, till the King were first informed from the Judges of the charges that were against them: but this he would doe, cause the King to write to his Procureur Generall to send such informations as were against them hether, and in the interim to surcease the processe and to treate them kindely, and (after the allegations seene) take such course as should be best sutable with equity and justice. For my better expedition heerin he referred me to Mons. d'Aucaire, to whose department the affaires of Brettany fall. To him therfore I addressed my self, where I mett with the newes (even fresh as they came) of the approach of Spinola's 284 troupes upon this frontier; fourteen thowsand of his infanterie having shewed themselves within two leagues of Rocroy (which is is not above six distant from Sedan), besides a great number of Cosaques, that appeare about Chappelle in the edge of Picardy. Their countenance lookes towards the Messin, as if there they would mainteyne the Lorrayne quarrel. It hath allarmed them exceedingly heer and leaves divers doubtfull of the issue, whether it will animate or quel their courage. The Savoyard Embassador seemes confident of the former, who sending for me yesternight assured me, that the declaration of warre in the Dutchie of Milan will (the rather) hould good. For the felicitating which designe this order is taken:

    1. That the eleven regiments of infantery in Piedmont (which ought to be of a thowsand men a peice, but are now reduced to little more then fifteen hundred in all) shall (by recrewes) be made compleate, and that three thowsand five hundred are allready upon the way to joigne their fellows that are left.

    2ly. That the nineteen companies of cavallery which (by right) should make up the number of twelve hundred, shall not only by the like recrewes be filled up, but every one receyve an augmentation of fifty. To which ends three payes are (for certeine) avanced both to horse and foote; and the mony allready in the banquers hands at Lyons to be employed to those purposes.

    3ly. Besides these recrewes, six regiments more, vizt: three of Champagne, and three of Languedoc (consisting each of a thowsand men) shall leave those stations and passe the mountaines, and other new ones shalbe substituted in their place. This re-inforcement (as I am told from very good part) is upon Queen Mother's charge, who raises besides, upon her owne proper cost, foure hundred horse and will (for her daughter's[51] sake) maintayne pay to both.

    4ly. Five hundred horse out of the same Province of Champagne, and as many more out of the Lionnois are promised to be added to the above-mentioned companies. So that in all they 285 make accompt of seventeen thowsand foote, and three thowsand horse, that shall display their banners in Piedmont; the supplement of all which troupes shalbe conducted thether by Mons. de Vignolles, an ancient and experienced captayne, sometymes a Protestant, but now a Catholique, and of the order du Sainct Espritt.

    Against some doubt I discovered that all this was but a French flash or flourish, either to serve as a counter battery against the Spanish bravado, or to beate down the price of the treaty with the Legat; He promptly replyed, No, no. For, as far as the recreues, it is, quoth he, past all peradventures, the money being allready disbursed. For the rest, the King and ministers have promised that likewise. If they make good their word, it wilbe so much the better; if not, we must be content with what we can gett. But for the recreues (repeated he) that is most certeyne and assured. To two arguments, which I drew from the Constable's[52] and Vaubecourt's returne, he answered that the first had never past the mountaines, but remayned still in Piedmont: that the second retired by reason of some bad intelligence betwixt him and the Marquis de Coeuvre, which was such as his presence did more hurt then good. As for the Legate, he bad me not deceyve myself, car on leveroit la masque Men tost, quand la paix avec ceux de la Religion seroit une fois asseurée. But if it be true (which the Hollander Embassador reports to have receyved from very good part) that the Legat bends his course shortly towards Spaine, I shalbe very jealous of that darke and cloudy negotiation. And so perhaps are they heer of his Majesties real meaning to lend assistance against the Huguenots; sith they finde themselves entangled with new difficulties about the ships, wherof I beleeve your Lordship will heare a fresh complaint by a courrier that Mons. de la Ville aux Clercs dispatched away in diligence yesternight. Perhaps likewise he may solicit some prompt assistance from England, in case those great forces which Spinola is said to have gathered together about Dunquerque come rushing upon them either by a siege of 286 Calais (which they seeme greatly to apprehend) or els where. They have this day dispatched away, by two several wayes towards the States upon the self same subject, earnestly conjuring them that if the cloud fall heer, they will come thundring in upon their backs, promising in requitall to assist them in like manner with mony and men, if it shall turne towards their quarters, and for further encouragement assure their embassador of the summes (so long since promised but hetherto delayed) sometyme next week, though they take it up at interest.

    Of the acceptance of the conditions of peace nothing is yett arrived. Wee expect newes daily, nay hourely. The long delay argues some contestation about it, whence many conceyve hope that the better and more moderate part will cary it. My next will undoubtedly cleer this point, which I shall doe with all possible diligence, because I thinck it will highly concerne his Majesties service and the publique's, wherunto I am ready in all humble devotion to sacrifice myself, and so I am to verifye to your Lordship by the best demonstrations I may that I eternally rest

    Your Lordships most humble most faithfull and most obedient servant

    Tho: Lorkin.

    Tomorrow the Legat thincks to make this Court happy by saying his first masse, for which the new chappel is very richly adorned.

    Fontainebleau this Thursday afternoone being Aug. the 14th 1625 sto. no.

    I most humbly beseech your Lordship to dispatch back this bearer my servant with the first occasion. I have delyvered to him heer twelve pounds for his voyage, but if the Court be farre from London I feare it will not be sufficient. The King is now well recovered and gone this afternoone abroad a hunting. I send herewith two letters from the Savoyard Embassador, one to the Duke of Buckingham's Grace, the other to your Lordship. 287


  66. Sir Ferdinando Gorges to the Duke of Buckingham.

    [State Papers, Domestic, Charles I. v. 19.]

    Maye itt please your Grace,
    1625, Aug. 5. I have endevored what laye in my power to observe your Excellencyes comaunds, and was perswaded that I had brought things to reasonable heads, both for myself and the rest of the merchants, in that wee insisted uppon three propositions: the first to be free from the embassador's protest: secondly to have security for the redelivery of our shipps and satisfaction of our paye: and lastly to have sufficient warrant from our Soveraigne Lord the Kinge for putting our shipps into the hands of strangers. The Marquesse to this replyed he would nott budge a tittle from the contract made att Rochester betwixt the three embassadors and two of the marchants, which contract the merchants disclayme and never gave (they saye) their consent unto, which appeeres by their nott signing to that the three embassadors putt to their marks; and theruppon, although wee (att the rode in Deepe) acknowledged the security of Rochester very honorable, yett humbly refused itt, and chose rather the security of merchants, as best suting with our rancks and quallityes. Butt the Marquesse, entering into further treatyes with us, att last demaunded the valuation of our shipps, and thought our propositions so reasonable that he pretended to us he had sent them to Paris to receave their answeare; butt being thus in expectation of what wee were to heare from the French Court, his Majestes shippe the Vantguard came to us with a warrant from his Majestie to render herselfe and us to the hands of the Marquesse; that itt seemed most strange to us all, butt particulerly to myselfe, who have my whole estate in my ship, besydes three thowsand pownds I stand indebted for; so that I choose to putt myself rather uppon my most gratious Soveraignes pittye and mercye, both for my estate and life, then to give itt unto strangers without any satisfaction either 288 to my estate or creditt; and itt will stand more with the King's honor and my owne particuler safety in future tymes (as I conceave) that his Majestie make this an act of his owne, and take our shippe into his owne possession, either to be sent by his Majestie where the French desireth, or els to be receaved by the French heere in England att the port where shee lyeth. Therefore, Sir, my most humble sute unto your Grace is, that, if I have done otherwise then becomed mee in this busines, you would be pleased to interpret itt an error in my understanding nott in my affeccions, and mediate to his Majestie to shewe unto hym, that I thincke I cannott better dispose of my goods then to transferre them wholy to his Majestes disposall; which I humbly leave to your Grace's most serious consideration, to whom I desire to approve myself in all humility and service

    Your Grace's most respective servant

    Ferd: Gorges.

    From aboard the Great Neptune off of Beachy the 5th of August 1625.


  67. Note of the Agreement between the Captain of the merchant ships and the Marquis of Effiat.

    [State Papers, Domestic, Charles I. v. 21.]

    1625, Aug. 5. First for 6 months wee are to have of full paye at £400 per month.

    After sixe months to have £250 per month for the ship and to be paid a months paye before hand.

    For good sekuritye to be given us hier in Deap to be tranceferd to London uppon Mr. Burlamack or other marchant whom we shall accept accorden to the vallewation. 289

    To paye for our puder and shott which wee shall leave in the ship and mach.

    [Indorsed].

    Perles security 4500 lb
    Industry security 5000
    Gift of God 3200
    Pierre & John 2800
    Loyalty 2800
    Marygolde 3000
    ——
    21300




  68. Receipt given for the Vanguard by the Marquis of Effiat.

    [State Papers, France, No. 176.]

    1625, Aug. 5/15. Nous Anthoine Ruzé, Marquis D'effiat, Chevalier des orders du Roy, Conseiller en son Conseil d'estat, Grand Maistre des Mines et Minieres de France, premier Escuyer de la grande Escurye de Sa Majesté, et son Ambassadeur extraordinaire prez le Roy de la Grande Bretaigne. Nous estantz transporte en ce lieu pour recevoir les navires que le dit Roy de la Grande Bretaigne avoyt prestez, certifions à tous qu'il appartiendra, que le Sieur Penington, Capitaine du vaisseau de Sa Majesté de la Grande Bretaigne nommé l'advantgarde nous a remis le dit vaisseau entre les mains avec quarante pieces de canon de fonte verte garny et muny de toutes choses necessaires, provizions de guerre, munytions, et victuailles suivant l'inventaire qu'il nous en a donné cy devant; en tesmoing de quoy nous avons delivré le present certifficat au dit Sieur Penington pour luy servir en besoing sera, que nous avons pour cet effect voullu signer de nostre propre main et à icelluy faict appozer cachet de nos armes et faict contresigner par nostre Secretaire. À Dieppe ce 15e jour D'Aoust xvi Cent vingt cincq

    D'Effiat
    par mon dit Seigneur. 290


  69. The Marquis of Effiat to the Duke of Buckingham.

    [State Papers, France, No. 175.]

    1625, Aug. 6/16. Monsieur,
    La derniere depesche que V. E. a envoyé a faict paroistre les intentions du Roy de la Grande Bretaigne aussy pures, et voz procedures aussy nettes, que lon les scauroyt dezirer, et que je les ay tousjours creu: et cette derniere action est telle que la calomnie n'y scauroyt trouver a redire: car Mons. le Cappitaine Penington est revenu dans une humeur sy obeyssante qu'il a faict tout ce dont je lay supplié, et s'est tres prudemment et dignement acquitté de sa charge, ce quy m'oblige de supplier V. E. de le voulloir conserver en voz bonnes graces comme il le merite, et que les plaintes que j'ay faict de luy ne soyent pas subject de l'en esloigner, car j'en serois au derppoir[53] m'ayant par sa derniere action engaigé à estre toutes ma vye son serviteur, et sy j'oserois repondre quil vous honore comme il doibt, et est extraordinairement passionne au service du Roy son Maistre, et me l'a bien faict veoir par le reffuz qu'il a faict de toutes les propositions que je luy ay offert bien qu'elles fussent considerables, m'ayant remiz à faire response aprez qu'il en aura la permission du Roy et de V. E. le quy ma semblé trop raizounable pour y contrarier. Quant à Monsr vostre secretre je l'ay retenu jusques a cette heure avec toute sorte de violence, dont je vous demande pardon, et sy je ne m'en repens pas; car sans luy, je n'eusse rien faict, ayant parfaictement suivy l'orde que V. E. luy avoyt donné de faire tout ce que je voudrois, dont jay bien abuzé, car je luy ay donne milles peynes et n'avoyt autre consolation que celle quy luy persuadoit, que ce qu'il faizoit seroyt agreable à V. E.; car ces Marchandz nous mettoyent tous les jours au desespoir et Ferdinand de Gorges quy dizoyt quil estoyt venu pour raccommoder le tout, a esté l'autheur de tout le mal, envoyant qu'il ne pouvoyt depenser amener les autres, s'en est allé tout seul. Mais je n'en 291 parle pas au Roy ny à V. E. Les autres me faizantz esperer son retour, j'attenderay encor un jour ou deux, devant que le vous en importuner, esperant n'avoir point subject de le faire, et que le contentement sera entier. Cependaut je supplie V. E.; sy j'ay quelque credit auprez d'elle, de tesmoigner sa parfaicte et bonne volonté à Monr Nicolas, car je vous assure qu'il n'y a rien au monde quy passione son service comme luy, et moy qui suis et seray en mon partieulier jusques au tombeau de Votre Excellence.

    Monsieur, Tres humble et tres fidel serviteur,

    D'Effiat.

    A Dieppe, ce xvj jour d' Aoust 1625.


  70. The Marquis of Effiat to Charles I.

    [State Papers, France, No. 175.]

    Sire, 1625, Aug. 6/16. Le Capitaine Penington a deziré que son retour fust accompaigné de ce mot, pour faire cognoistre a Vostre Majesté comme il s'est dignement acquitté de la charge quil avoyt recue de me donner contentement en ce quy estoyt de la livraizon du vaisseau que V. M. preste au Roy mon Maistre, à; quoy il parfaictment obey et confesse quil est homme dun rare merite et digne des commandementz d'un sy grand Roy, quy oblige tous ceux quy out eu l'honneur de le veoir, de prier Dieu de le remplire de ses benedictions, et demeurer de Vostre Majesté

    Sire Tres humble tres obeissant et tres fidel serviteur

    DEffiat..

    Dieppe, ce 16e d' Aoust 1625. 292


  71. Thomas Lorkin to Lord Conway [Extract].

    [State Papers, France, No. 175.]

    1626, Aug. 21/31. Right Honorable,
    That which my last of the fourteenth promised, this cannot performe, the full cleering of the treaty of peace with them of the Religion: it being unhappily embroyled by a new accident: for whilst they at Rochel were in serious deliberation therupon, and the better and more moderate sort buisily employed to sweigh the people to accept the King's offers: Toirax (by the suggestion, they say heer of the Prince of Condé) issued out with all his force upon the repers, as they were gathering in their corne, under the favor of some military assistance .from the towne: slew divers, tooke divers prisoners, and sett fire in a great part of their harvest; which so irritated the inhabitants (fierily-enough disposed before) as, laying all counsel aside, they betooke themselves to their armes, and incontinently made the canon play upon the enemyes troupes and fort; and, sending forth all the ships they had to the succor of Soubize, summon'd him to give the Admiral combat with the first oportunity. The newes no sooner arrived heer, but it opened the ministers' mouthes wide, not onely against the perfidy of the Rochelers, as if they were sole faulty (whereas, in trueth, the original proceeds from their owne partye) but against all hopes of reconciliation likewise.

        *    *    *    *    * 
    

    Tho: Lorkin.

    Fontainebleau, Aug. 21, 1625, sto. no.


  72. The Duke of Buckingham to the Commissioners of the Navy.

    [State Papers, Domestic, Charles I. v. 40.]

    1625, Aug. 13. After my hartie commendacions. Whereas this bearer Capt. John Pennington hath for neere theis five monthes served in his Majestés shippe the Vanguard as Admirall of the eight shipps lent 293 unto the most Christian King, wherein he hath bene at a greater charge then ordinary; for which services I am informed there is very good paye allowed by the said King, and allready paid into the hands of Sir William Russell Treasurar of the Navy: These are to pray and require you to give present order to the said Treasurar of the Navy to make speedy payment unto the said Captaine out of the Moneyes allowed by the French King at the rate of £3 per diem from the date of the contracte made with the Marquess D'Effiat for the said shipps untill this daye, the like allowances haveing bene heretofore given unto Admiralls of Squadrons for their services. And this shalbe your warrant. From Woodstock the 13th of August 1625.

    Your loveing Freind

    G. B.


  73. Sir Ferdinando Gorges to Lord Conway.

    [State Papers, Domestic, Charles I, v. 69.]

    1625, Aug. 23. Right Honorable,
    I shall entreat your Lordship to doe mee the favour to give mee your Lordship's warrant for the master of my ship and some of his mates to come before your Lordship to answere to such matters as for there severall mutinies and disorders by them committed I have to object against them; as also the suspition I conceave of there practizes to runne away with my ship; and that therfore I shall further entreat your Lordships favour that I may have the helpe of some of the King's Ships' men to bring myne into the harbour, because synce my coming hither most of my men are either sicke or prest away and I lye in danger (if a storme should come) heere in the rode. And I shall allwaies bee bound to rest

    Your Lordships humble servant

    Fred: Gorges.

    From aboard the Great Neptune in Stokes Bay August 23, 1625. 294


  74. Report of Edward Nicholas to the House of Commons.

    [State Papers, Domestic, Charles I. xxv. 98.]

    1626, April. I was sen t over by my Lord & Master. I pray be pleased to consider that this is a matter of state whereof I may not make a full declaracion without leave from his Majestie and my Lord and Master. Only I wilbe bould to give you this generall informacion that att Rochester my Lord spake with Capt. Moyer and Capt. Tutchin, who may well remember what his Lordshipps owne direccions were unto them, whereto they were in all reason more to trust then to any thing I should tell them, without shewing a warrant for what I said.

    Uppon my credditt what I doe conceale in this is to my Lord's disadvantage, for if I had libertie to make knowne all the passages of this busines it would be much to my Lord's honor.

    That which I wrought to the Captains was only grounded on my Lord Conwey's lettre which they receaved before my Lord spake with them att Rochester. If I said or writt otherwise to them they were not to have trusted to it without seeing my warraunt and instruccions.

    For that which I receaved from the Ambassador it was given when I tooke my leave of him and without any contract or expectacion of myne, neither did I conceale it, and I can boldly say I was a looser by that imployment: and there are some here present that can testify that I have refused to receave a bribe.


  75. Edward Nicholas to Captain Pennington.

    [State Papers, Domestic, Charles I. Addenda.]

    1626, May 6. Noble Capt:
    Albeit this inclosure will hasten you hither that I may more freely discourse with you, yett I cannot lett this paikett passe without a lettre from me. The officers of the Ordnance complayned 295 much that you not only transferred the ordnance out of one shipp into another att Plimouth, but all other the municion, whereby they know not what ordnance to require or remaynes to expect from the fleete, by reason their bookes by such translacion are imperfect; wherefore I pray have a care to keepe a perfect booke of every peece of ordnance and parcell of powder and amunicion that you have taken out of the fleete, and expresse in it out of what shipp you have taken it, and into what shipps you have put them. The officers of the ordnance finde most fault with you for that in all this tyme you have not sent upp for them such a booke to thend they may know what and of whome to demaund such things.

    The Vantgarde and the 6 merchants shipps are come to Stokes Bay, but you are to satisfye the Parliament by whose and what warrant you delivered them to the French. The masters of the merchants shipps have some of them said that it was by my Lord's comaund, and by reason of threatning speeches which I used to them by order from my Lord, but this wilbe, I doubt, disproved by many witnesses, and by some of them when they shall speake on their oathes. It is true that before the Amb[assa]dour or his people I did often charge them aloude to deliver them over according to my Lord Conwey's lettre, and the King's pleasure, but I fell from that language when we were privatt with the Masters, and you may remember how often I tould you I had noe warrant or order from my Lord for delivery over of those shipps, and thoughe I did not wishe yow to goe over into England, yet I thinke you may well remember I tould yow, yow had not warrant nor could I give you any to deliver them, and that my Lord was absolutely against the lending of them; but I pray keepe it to yourself untill you shalbe called on oath and have leave from the King to declare that I toulde you I came over rather to hinder then further the delivery or loane of those shipps. For when I shall have leave from the Kinge and shall speake on my oath, I must sweare my Lo: comanded me to carry myself with all due respect to the Amb[assa]dour, and to apply myself to give him contentment, but to crosse and hinder the 296 delivery of the shipps. I leave the rest of the passages of this businesses till wee meete; but there be some that would fayne have it prooved that my Lord was the cause and principall agent for the lending of these shipps, which I must on my oath sweare to the contrary. I rest in hast desiring you to have a care to dispose of all the shipps and leave them in charge with the most discreete men with you.

    I am your humble servant

    Edw: Nicholas.


  76. Certificat that the Englishe shipps did noe hurt against Rochelle.

    [State Papers, France, No. 181.]

    1626, May 15. Nous soubz signez Cappitaines et lieutenants des vaisseau[x] Anglois par commission du Roy nostre maistre soubz la charge de Monseigneur le duc de Montmorensy grand admiral de France et à present soubz la charge et conduitte de Monsieur de Razilly general des sus dits vaisseaus; Certifions a tous qu'il apartiendra que le navire nommé l'Avangarde n'a faict aucun effect quy soit digne de remaique à la deffaicte des vaisseaus de Monsieur de Soubize, et de la prise de Ré, d'autant que le dict navire tiroit trop deau et ne pouvoit aprocher plus pres des ennemis que de la portée d'une coulevrine au plus, et d'ailleurs que le Cappitaine quy commandoit le diet navire avoit ordre de tenir le corps de larmée, le quel certificat avons signez pour valloir â telle fin que de raison, ce quinziesme de May mil six cens vingt six.

    Noeuville De bonneville 297


  77. The Chevalier de Razilly to the Duke of Buckingham.

    [State Papers, France, No. 181.]

    1626, May 16/26. Monseignieur,
    Je me resans infiniment obligé au roy de la Grande Bretayne et à l'ordre qu'il applu[54] à vostre grandeur de donner de me fayre conduyre au[55] France avec quatre navire de guesre. Je say byan que je ne merite pas tels honneurs, mes le tout redonde pour l'amour du roy mon mestre, ou je ne manqueré d'informer sa Magesté des faveurs que je resoys au ce royaume, mesme les cortoesie de Monsieur le general, de Palma ne ce peuve exprimer. J'ay liveré le navire l'Avantgarde avec tous ces canons, voylles, cablles ancres, mousqués, et ne manque que quelque menus hustancylle[56] quy ne valle la pene d'an parller. C'est un tres bon vesceau de guesre que l'Avantgarde, mes non pas propre pour ce batre es mers vers la Rochelle acosce[57] d qu' elle tire trop d'eau et trop longue, quy aupesche de pouvoyr virer, tourner proutemant autre les bans[58] de l'ile de Ray, et provoyant cela, monseigneur le Dug de Monmoransy, grand amyral de France, ne voulut sy anbarquer les jours de bataylle, et donna le combat dans le navire de Monsieur Hoteri, ou je l'aconpagnie, et avefayt.[59] Le dyt vesceau l'Avantgarde ne s'aprocha des enemys que d'une grand portee de couleverine mesme les ostre vesceaus Anglois marchans, tirant forte eau ne pure ausy aprocher, c'enest pas quy n'y hat[60] de tres braves capitaynes dans les sudys[61] vesceaus, mes il ne pouvoyt temoignier au ce lieu là leurs courage; mintenant la pays[62] est fayte avec les rocheloys santans[63] mon roy leurs a pardonné: alors quy n'an pouvoyt plus au faveur du roy de la Grande Bretayne, byan que sa ate[64] une clemanse extreme de pardonner à des sugès rebelles, les quels alors que mon roy avoyt levé les armes pour les porter contre les etrangers enemys commu[n]s de 298 France at Angletesre; neanmoys sans oqun suget les sudys rocheloys prire les navires du roy at les ylles de Ray at Olerou et fire plusiaurs volerye surs toutes sortes de marchans, tant Fransoys que Angloys at Hollandoys: mes ce netoyt la premiere foys que les sudys rocheloys avoyt coumys telles revoke et insolance centre le roy, car seulement depuys seinq ans cella leurs ast arive troys foys at ne peuve dyre que jamays l'on ayt force an France oqun de la religion pretandue d'aller a la mesce, car toute liberté a toujours ate permi at cera pareillemant à l'avenyr. Je croy que le roy de la Grande Bretayne et mescyeurs des atas de Holande se sont tres contans que les afayres soynt pascee an France ave(c) toute clemance, at que les Rocheloys rande a mon roy lobeysance quy doyve à sa Majesté, at mintenant que la pays est an France dans le royaume l'on poura anteprande des guesres atrangere et ce goindre au pareil einteres avec le roy de la Grande Bretayne, je desireroys quy ce presantat oquasion ou je puse sarvir sa majesté; je my porteroys dafection at temongnieray aus affays a vostre grandeur que je suys a jamays,

    Monseignieur, Vostre tres humble et tres obeysant serviteur,

    Le Chevallyar De Razilly.

    A la rade de l'ille Ihuyt abort de la rimbarge le 26 de May 1626.


  78. Notes by Edward Nicholas on his imployment at Dieppe.

    [State Papers, Domestic, Charles I. xxvii 111.]

    1626. May ? My Instructions were to this effecte:—

    To imploy my best endeavor to hinder or att least delay the delivery of the shipps to the French, but therein soe to carry myselfe as that the Ambassador might not discerne but that I was sent 299 of purpose and with full instruccions and commaunde to effecte his desire, and to cause all the shipps to be putt into his hands.

    Accordinglie when the Vantguard came into the Roade of Diepe and that Capt. Penington sent for me to come aboard, I acquainted the Ambassador with it and told him (if I went to the Captain) I made noe doubt but to perswade him to come ashoare with me, notwithstandinge he was (as the Ambassador had complained to me) soe obstinate that he refused to come out of his shippe to the Duke de Montmorency, who importuned him there to by many kinde invitacions and noble messuages; but the Ambassador would not permitt me to goe aboarde but comaunded me to write to Capt. Penington to come ashoare, which I did as pressinge as the Ambassador desired, which tooke effecte. When he was come the Ambassador interposed still betweene us, soe as I could not have a word in private with him, but was forced to lett fall a worde nowe and then as I purposely walked by him to bid him looke well whether he had sufficient warrant to deliver the shipps; which I did least the Ambassador by importunity or artifice (shewinge a letter under his Majesties hand to the French King, which was much more effectuall then the warrant from my Lord Conwey) should drawe a promise or engagement from the Captain to deliver the shipps before I should have opportunity privatly to advertise him to beware how and on what warrant he did surrender the fortresses of the kingdome into the handes of a Forraine Prince, for if the Ambassador should have found him more averse then before, it would have given his Lordship just occasion to be jelous of the intent of the Instruccions I had received from my Lord; and the Captaine kepte himselfe very waryly from anie engagement and craved time to speake with th'other Captaines and his Company before he could promise anie thinge, and soe gott leave to returne to his shippe.

    Afterwards I seemed not forward to goe aboarde to him, thought[65] I much desired it, till the Ambassador wished, and indeed pressed 300 me to goe and use meanes to worke him and the rest of the Captaines to effecte his desire and to deliver over the shipps with all speede.

    I tould Capt. Penington as soone as I came aboard his shipp and had an opportunity to speake privatly with him that I thought the warrant from the Lord Conway which he shewed to me and whereof I had before seene a coppy was not sufficient for the delivery of the shipps.[66]

    In all the time of my negotiatinge this busines, I never plainely discovered to Capt. Penington what myne instruccions were, because I sawe he was of himselfe unwillinge to deliver upp the shipps, and, after I had told him I had noe warrant for the delivery of them to the French, he was as adverse in it as I could wishe him.

    I told him alsoe I was by the Ambassador pressed often to write what I intended not, and therefore desired him not to be moved with whatsoever letters he shold receive from me touchinge the delivery of the shipps untill he spake with me. My Lord, after I went over never wrought to Capt. Penington or myselfe;[67] but in every materiall and pressinge pointe concerninge delivery of the shipps his Lordshipp referred us to the instruccions his Grace had given me for that service; and when the Captaine came to demande a sight or knowledge of my instruccions to warrant the surrender of the shipps, I told him I had none.

    If I used anie pressinge course or language to the masters of the shipps, it was either in the presence of the Ambassador or some such of his servantes as he sent aboard with me or else when I perceived them farre enoughe from yeeldinge, thereby the better to disguise and keepe unsuspected my instruccions. 301


  79. Statement by Edward Nicholas of the circumstances connected with the loan of the Vanguard and other ships to the French.

    [State Papers, Domestic, Charles I., xliii. 43.]

    1626, May ? K. James about the 22th yeare of his reigne did, unknowne to the Lord Duke, promise to lend 8 shipps to supprese the rebellion of Soubize and such of the Religion as should cleave to him in his Rebellion.

    This in the treaty of the match with Fraunce being laid hold on and pressed by the French King, there were proceedings in it and articles were framed and agreed on betweene the French Ambassador and the Commissioners of the Navy and masters of the shipps, which was soe cautelously done that, thoghe the French had libertie to put aboorde the shipps as many men as they pleased, yet it was soe ordered that there could not be put aboorde half soe many French and provisions for them as there were of the Englishe whereby they might be made masters of our shipps; and privatt instruccions were given to Capt. Pennington that the Englishe should keepe themselves masters of their shippes, &c .

    When Capt. Peninngton and the other Capts. came to Diepe, and perceaved that their instruccions would not warrant them to doe as much as the French required of them, they returned back to the Downes. Then followed the treaty of Rochester, where my Lord Admirall tould the masters of the shipps, they should not deliver over their shipps unlesse they had security to their content; and from Rochester his Lordshipp sent his Secretary Mr. Nicholas with private instruccions, &c., who arivyed himselfe accordingly, and soe negotiated that, whatsoever he made shew of, he hindered the delivery of the shipps to the French untill the warrant came under the King's owne hand, peremptoryly requiringe the Capt. to put his Majestes and the other shipps into the hands of the French; when likewise the Capt. received another letter from a great and noble Peere and Counsellor of State[68] signifying that there was noe 302 longer delaying the delivery of the shipps and untill then his Majesties shipp was not delivered; which being done Mr. Nicholas and Capt. Pennington came away leaving the other Captains in their owne shipps, who afterward tooke their security.

    The[y] mutyned and other Englishe shipps are safe returned without impeachement and the King's shipp never shot nor could come within a culveringe shott of the fight, neither could the other shipps doe any service there because they drew too much water.

    The shipps were not lent without the privity of diverse of the Privy Counsell, as Lord Chamberleine[69], Lord Conwey, Lord Carlile, &c.

    Capt. Pennington did not deliver over the shipps nor doe any thing to that purpose by reason of any commande delivered to him by the Lord Duke or Mr Nicholas, neither had he any warrant att all from the Duke to deliver them.

    My Lord had not newes that the King's shipp was delivered to the French till the 9th of Aug. and his speech was the 8th.[70]

    The Vantguard and the rest of the shipps drew soe much water that they could not come neer to fight in soe much as Monsr de Montmorency, Admirall of France, the day of the battayl against the Rochellers left the Vantguarde, & went aboarde the Dutch Admirall.

    They were not mooved by Mr Nicholas pretented threatys, for they would have bene gone had not the King's ship shott all them. 303


Index.

Admiralty, the Court of,
  proceedings relating to the St. Peter of Havre-de-Grace in, 22;
  complaints of foreign sailors in, 26;
  complaint of Jean Malleau in, 27, 28;
  Sir John Coke gives account of the proceedings in, 30;
  list of ships proceeded against in, 65;
  examinations about the taking of a Portuguese ship in, 73;
  further examinations in, 90;
  Buckingham's claim against the East India Company made in, 111;
  proceedings against the East India Company in, 113, 118, 120
Buckingham, Duke of,
  makes an agreement with Lord Zouch for the surrender of the Cinque Ports, 1;
  is charged with neglecting the guard of the seas, 9;
  his alleged mal-treatment of the St. Peter of Havre-de-Grace, 18;
  is charged with extorting money from the East India Company, 71;
  attempts of the East India Company to conciliate, 87;
  claims 15,000l. from the East India Company, 111;
  gives an acquittance to the East India Company, 124;
  10,000l. to be paid to, 133;
  is ready to help the French king against Soubise, 142;
  gives a warrant for the departure of the ships, 174;
  promises to order Pennington to return to Dieppe, 221;
  orders Pennington to return, 235;
  orders Nicholas to go to Dieppe, ib;
  informs Pennington of Nicholas's mission, 238;
  orders Pennington to obey Effiat, 244;
  insists upon the surrender of the ships, 245;
  directs Pennington to allow a mutiny on board the Vanguard, 250;
  orders Pennington to give up the ships, 275, 276
Burlamacchi, Philippe,
  asks for good security for the merchant ships, 248
Calais,
  importation of goods for the Spanish Netherlands into, 53;
  treatment of Englishmen in, 63;
  English vessels taken by the Dunkirkers at, 64
Charles I.
  declares his wish that the French shall command the ships lent to them, 224;
  orders Pennington to receive as many Frenchmen as the King of France pleases, 229;
  orders Pennington to give up the ships, 275
Cinque Ports, the,
  Wardenship of, 1;
  proposed amalgamation of the office of Lord High Admiral with the Wardenship of, 3
Coke, Sir John,
  gives an account of the state of the Channel Fleet, 14;
  writes on navy business, 25;
  writes on the proceedigns in the Admiralty Court, 30;
  gives an account of the proceeding of some ships from Hamburg, 33;
  explains Pennington's instructions, 176
Conway, Sir Edward,
  puts pressure on the East India Company, 129
Dieppe,
  arrival of Pennington at, 182;
  dangers of the roads of, 200;
  Pennington leaves, 203, 214;
  pirates at, 220
East India Company, the,
  notes by Nicholas concerning, 70;
  charge against Buckingham for extorting money from, 71;
  proceedings in the Court of Admiralty against, 73;
  notes of prizes taken by, 83;
  arguments in favour of, 74;
  attempts to conciliate Buckingham made by, 87;
  motion in Parliament to stay the ships of, 89;
  claim of Buckingham against, 111;
  claim of the King against, 112;
  proceedings in the Court of Admiralty against, 113;
  permission for the sailing of the ships of, 117;
  further proceedings in the Court of Admiralty against, 118, 120;
  acquittance from the Duke of Buckingham to, 124;
  pressure put upon, 127;
  negotiates with Conway, 129; pays 10,000l. to Buckingham, 133;
  sends a deputation to the King, 134;
  agreement for the payment of 10,000l. by, 135:
  delay in the payment of 2,000l. by, 137
Effiat, the Marquis of,
  informs James I. of Soubise's acts of war, 139;
  negotiates for the hire of ships, 144;
  writes that he has got the ships on the conditions desired in France, 167;
  remonstrates against the delays of Sir F. Gorges, 180;
  protests against the withdrawal of the English ships, 222;
  requires Pennington to give up the Vanguard, 253;
  threatens to leave Dieppe, 257;
  protest of, 261;
  counsels to remain at Dieppe, 263;
  gives a receipt for the Vanguard, 289;
  expresses his satisfaction with Pennington, 290
Fleet,
  the necessity of making provision for the, 34
Gorges, Sir Ferdinando,
  delays of, 180;
  asks leave to go to Dieppe, 243, 247;
  terms demanded by, 211;
  is unable to persuade his sailors to remain at Dieppe, 278;
  defends his conduct, 280, 287;
  complains of the conduct of his men, 293
Guard of the seas,
  Buckingham charged with neglecting the, 9
Hamburg,
  proceedings of ships from, 32
Huguenots,the French,
  demand peace, 207;
  reported peace with, 254;
  a cessation of hostilities with, 274;
  breach of the armistice with, 292
Ingham, Edward,
  is sent to France by Pennington, 215;
  conveys a message from the Earl of Pembroke, 249
James I.
  claims 15,000l. from the East India Company, 112;
  receives a deputation from the East India Company, 134;
  promises to assist the King of France against Soubise, 147
Joachimi, Albert, ambassador of the united Provinces of the Netherlands,
  remonstrates against the seizure of prizes, 47
London,
  petition of the merchants of, 57
Lorkin, Thomas,
  negotiates on Pennington's behalf, 192;
  gives an account of the state of affairs in France, 273, 283, 292
Louis XIII. King of France,
  applies to Buckingham for aid against Soubise, 140;
  complains of Pennington's conduct, 226;
  orders a cessation of hostilities against the Huguenots, 274
Mainwaring, Sir Henry,
  is not to be employed in the Cinque Ports, 2
Marten, Sir Henry,
  gives an account of the disposal of prize-goods, 21;
  examination of, 37;
  his order in the court respecting the St. Peter of Havre-de-Grace, 55
Merchant vessels, the seven,
  Effiat negotiates for the hire of, 144;
  bargain for one of, 158;
  complaint of the captains of, 229;
  delay of the return of, 241;
  good security asked for; 248;
  do not accompany Pennington on his return to Dieppe, 252;
  demands made with respect to, on their return to Dieppe, 271;
  terms proposed for surrender of, 277;
  security asked for the delivery of, 280;
  agreement for the delivery of, 288
Montauban,
  the Duke of Epernon's ravages at, 211
Montmorency, the Duke of,
  comes to Dieppe, 215;
  asks Pennington to meet him, 279
Nicholas, Edward,
  asks for a discharge for the money taken out of the prizes, 59;
  notes by, 69;
  is sent by Buckingham to Dieppe, 235;
  expresses his doubts of the value of the security given by the French, 236;
  invites Pennington to negotiate with Effiat, 251, 252;
  urges Pennington to give up the Vanguard, 255, 257, 258, 263;
  reports on his mission to the House of Commons, 294;
  calls on Pennington to explain his conduct; 295;
  gives an account of his proceedings at Dieppe, 298, 301
Ormuz,
  capture of, 72
Palloyseau, M. de,
  complains of the seizure of French vessels, 35
Pembroke, the Earl of,
  sends information to Pennington, 249, 274
Pennington, Captain,
  explanation of the instructions given to, 176;
  hastens the sailing of the ships, 177;
  sails from the Downs, 181;
  arrives at Dieppe, 182;
  complains of the want of provisions, 186;
  ordered to take French sailors on board. 184-191;
  complaints of the dangers of Dieppe roads, 200;
  leaves Dieppe, 203, 214;
  sends Ingham
  to France, 214;
  refuses to admit more than sixty French on board, 216;
  complaints of the French against, 221;
  orders given by the King of France to, 234;
  Buckingham's orders to, 235;
  prepares to return to Dieppe, 239;
  asks to be recalled, 241;
  complains of his orders, 242;
  receives a message from the Earl of Pembroke, 249;
  is directed to allow a mutiny on board the Vanguard, 250;
  returns to Dieppe, 250;
  demands made by, 256;
  states the terms on which he is ready to surrender the Vanguard, 259;
  demands further security, 260;
  requires an express warrant from the king, 264;
  gives an account of his proceedings, 265;
  explains his conduct to the King, 267;
  refuses to deliver up the Vanguard, 270;
  is ordered to give up the ships, 279;
  declares himself ready to surrender the ships, 279;
  Effiat expresses satisfaction with, 290;
  payment ordered to, 292
Portuguese ship, a,
  the East India Company charged with the capture of, 73
Prize-goods,
  warrant for the disposal of, 20;
  interference of the French and Dutch ambassadors with the disposal of, 21;
  complaint of Jean Malleau concerning, 27;
  needed for the expenses of the fleet, 34;
  ordered redelivery of, 37;
  remonstrance of the Dutch Ambassador about, 47;
  Nicholas asks for a discharge for, 59;
  harsh seizure of, 60;
  receipt given for, 61
Protestants, the French,
  see Huguenots
Razilly, M. de,
  claims command over the Vanguard, 179;
  commands the English ships at Rochelle, 296;
  gives an account of his service, 297
Richelieu, Cardinal,
  gives friendly assurances to the deputies of the Huguenots, 208
Rochelle, La,
  hostilities at, 292
Rouen,
  petition of the merchants of London trading at, 57
St. Peter of Havre-de-Grace, the,
  Buckingham charged with plundering, 18;
  examination of the captain of, 19;
  complaint of Jean Malleau of losses in, 27, 28;
  order for the re-delivery of, 36;
  proceedings relating to the goods in, 37;
  Sir H. Marten's order about the goods in, 55;
  Nicholas's notes about, 69
Soubise, the Duke of,
  seizes the Isle of Rhé, 139;
  seizes French ships in harbour of Blavet, 140;
  reported peace with, 254
Stewart, Sir Francis,
  defends his conduct in command of the Channel Fleet, 9
Vanguard, the,
  contract for the loan of, 162;
  M. de Razilly claims command over, 179;
  receipt given for, 289;
  draws too much water to be of service at Rochelle, 296;
  see Pennington, Captain
Vanguard, the ship's company of the,
  offers to take on board unarmed Frenchmen, 255;
  demands further security, 260
Zouch, Lord,
  parts with the wardenship of the Cinque Ports, 1

Footnotes

Part 1, note 1 (page 5): by by, in MS.

Part 1, note 2 (page 5): and soe and soe, in MS.

Part 1, note 3 (page 6): Sic.

Part 2, note 1 (page 9): Where pirates were hanged.

Part 2, note 2 (page 9): Salee.

Part 2, note 3 (page 10): Newcastle coal-ships pressed into the King's service.

Part 2, note 4 (page 10): The Channel, La Manche.

Part 2, note 5 (page 15): For the expedition to Cadiz.

Part 3, note 1 (page 21): Secretary of State.

Part 3, note 2 (page 21): Judge of the Court of Admiralty.

Part 3, note 3 (page 22): Nov. 12.

Part 3, note 4 (page 24): ? non.

Part 3, note 5 (page 24): Sic.

Part 3, note 6 (page 31): The fleet from Cadiz.

Part 3, note 7 (page 39): Interpreter.

Part 3, note 8 (page 48): Titchfield.

Part 3, note 9 (page 50): pieça in MS.

Part 3, note 10 (page 53): In Nicholas's hand.

Part 3, note 11 (page 53): The following is written in the margin, The States dare not command your men of warre to meddle with any shipp of Hamb:[orrow] in Callais Road, because then the Hamb: will arrest your shipps att Hamb: and connive att those of Holland, &c. because they goe to Callais. If we could hinder the trade of the Hamb: & Hollanders to Callais and ruyne the Archdutchesse forces.

Part 3, note 12 (page 55): The mark which is given is a combination of C and H.

Part 3, note 13 (page 64): have had, MS.

Part 3, note 14 (page 64): Looking for a prize.

Part 1, note 15 (page 66): This was recently the local pronunciation of Teignmonth, if it is not so still.

Part 3, note 16 (page 70): The remainder refers to other articles of the charge.

Part 4, note 1 (page 71): July 20. At this time Buckingham was still in Spain.

Part 4, note 2 (page 72): The East India Company's ships had in 1622 taken Ormuz from the Portuguese for the Shah. The Portuguese were the subjects of the King of Spain, who had complained. (See Egerton MSS. 1131, fol. 169.) James however took no further notice of the Spanish complaint, except to use it to obtain money for Buckingham.

Part 4, note 3 (page 72): The difficulties with the Dutch East India Company, which had been temporarily settled by the Treaty of 1619. The Lords who had supported the East India Company in the negotiation had been gratified with presents.

Part 4, note 4 (page 73): The object of these examinations was to show the large value of prizes taken in the East Indies, in order to claim either the whole value if they were piratically taken, or the Lord High Admiral's tenths if they were legally taken.

Part 4, note 5 (page 82): Sequins.

Part 4, note 6 (page 85): dd in MS., the usual abbreviation for delivered.

Part 4, note 7 (page 86): Blank in MS.

Part 4, note 8 (page 86): Civita Vecchia.

Part 4, note 9 (page 87): i.e. The Committee.

Part 4, note 10 (page 90): Sic.

Part 4, note 11 (page 91): Ruy Frero.

Part 4, note 12 (page 112): i.e. March 17.

Part 4, note 13 (page 112): Admiralty Court.

Part 4, note 14 (page 114): March 19.

Part 4, note 15 (page 114): March 23.

Part 4, note 16 (page 114): March 24.

Part 4, note 17 (page 116): 100,000li. in MS.

Part 4, note 18 (page 119): From this and the next entry it would seem that 5,000l. had been already paid.

Part 4, note 19 (page 125): i.e. quit.

Part 4, note 20 (page 132): May 22.

Part 4, note 21 (page 132): May 23.

Part 4, note 22 (page 135): Left so in MS.

Part 4, note 23 (page 135): June 23.

Part 4, note 24 (page 136): Sic. but perhaps it should be contained.

Part 4, note 25 (page 137): In MS. to be much challenged. The sentence has been altered, and it was evidently intended to erase to be with the words for so which immediately followed as it was originally written.

Part 4, note 26 (page 138): >Sic.

Part 5, note 1 (page 139): Ambassador of Louis XIII. in England.

Part 5, note 2 (page 139): On December 26/January 5. In my History of England, 1603-1642, vol. v. p. 304, I have erroneously assigned to this date Soubise's capture of the six French war-ships at Blavet. Soubise did not attack Blavet till January 7/17, and only succeeded in carrying off four of the ships on January 20/30.

Part 5, note 3 (page 140): Don Carlos Coloma.

Part 5, note 4 (page 141): i.e. in the harbour of Blavet on Jan. 7/17.

Part 5, note 5 (page 142): A courier.

Part 5, note 6 (page 143): Burlamacchi.

Part 5, note 7 (page 144): No. 3.

Part 5, note 8 (page 144): ? Excuse.

Part 5, note 9 (page 145): Secretary of State to Louis XIII.

Part 5, note 10 (page 146): Edward Nicholas.

Part 5, note 11 (page 146): Maxwell.

Part 5, note 12 (page 147): Something seems to have been altered or omitted in the preceding lines.

Part 5, note 13 (page 153): ? leur donner.

Part 5, note 14 (page 154): ? en.

Part 5, note 15 (page 154): Sic.

Part 5, note 16 (page 157): Sic.

Part 5, note 17 (page 159): Sic. ? xs. per ton.

Part 5, note 18 (page 162): Incorrectly indorsed: Contract made with the French King's Ambassador for the English shippes lent that Kinge.

Part 5, note 19 (page 172): Sir Thomas Edmondes.

Part 5, note 20 (page 178): Secretary of State.

Part 5, note 21 (page 181): On the 31st Gorges was released from the consequences of this order, the ambassador being satisfied that the ship had arrived at the rendezvous. P. C. R.

Part 5, note 22 (page 185): ? que.

Part 5, note 23 (page 186): Secretary of State to the King of France.

Part 5, note 24 (page 187): i.e. comme.

Part 5, note 25 (page 187): i.e. si.

Part 5, note 26 (page 188): Sic. ? s'ils.

Part 5, note 27 (page 190): i.e. servir.

Part 5, note 28 (page 191): i.e. mauvais saison.

Part 5, note 29 (page 191): English agent in France.

Part 5, note 30 (page 193): This news was false.

Part 5, note 31 (page 196): i.e., the Vanguard.

Part 5, note 32 (page 199): Words omitted in the MS.

Part 5, note 33 (page 203): The first sheet is missing.

Part 5, note 34 (page 213): Acqui.

Part 5, note 35 (page 222): Sic.

Part 5, note 36 (page 225): Sic. ? advancent.

Part 5, note 37 (page 231): They in MS.

Part 5, note 38 (page 232): A reference to the plague.

Part 5, note 39 (page 236): Secretary to the Duke of Buckingham, now sent to Dieppe.

Part 5, note 40 (page 243): Gorges was captain of one of the merchant ships.

Part 5, note 41 (page 243): The Duke was going to Plymouth to be present at the sailing of the fleet for Cadiz.

Part 5, note 42 (page 245): The English agent in France.

Part 5, note 43 (page 249): Lord Chamberlain.

Part 5, note 44 (page 256): i.e. the captains of the merchants' ships.

Part 5, note 45 (page 260): Effiat.

Part 5, note 46 (page 274): The Dutch Admiral employed by the French Government.

Part 5, note 47 (page 274): Edward Ingham, see No, 66.

Part 5, note 48 (page 275): There is an incorrect copy, dated July 28, in the State Papers, Domestic, iv. 134.

Part 5, note 49 (page 276): By mistake for July 28.

Part 5, note 50 (page 280): Sic.

Part 5, note 51 (page 284): Christina, Princess of Piedmont.

Part 5, note 52 (page 285): The Duke of Lesdignières.

Part 5, note 53 (page 290): ? desespoir.

Part 5, note 54 (page 297): plu.

Part 5, note 55 (page 297): en.

Part 5, note 56 (page 297): utensil.

Part 5, note 57 (page 297): à cause.

Part 5, note 58 (page 297): ? banes.

Part 5, note 59 (page 297): avais fait

Part 5, note 60 (page 297): ? a.

Part 5, note 61 (page 297): susdits.

Part 5, note 62 (page 297): paix.

Part 5, note 63 (page 297): sic.

Part 5, note 64 (page 297): sic.

Part 5, note 65 (page 299): sic.

Part 5, note 66 (page 300): This paragraph is written in the margin in Nicholas's hand.

Part 5, note 67 (page 300): sic.

Part 5, note 68 (page 301): The Earl of Pembroke. See No. 89.

Part 5, note 69 (page 302): The Earl of Pembroke.

Part 5, note 70 (page 302): Aug. 8, 1625.