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volunteer, and one of the duke's court, said to me, 1665. it was very visible that made an impression. And all the duke's domestics said, he had got honour enough: why should he venture a second time? The duchess had also given a strict charge to all the duke's servants, to do all they could to hinder him to engage too far. When matters were settled, they went to sleep: and the duke ordered a call to be given him, when they should get up to the Dutch fleet. It is not known what passed between the duke and Brounker, who was of his bedchamber, and was then in waiting: but he came to Pen, as from the duke, and said, the duke ordered the sail to be slackened. Pen was struck with the order; but did not go to argue the matter with the duke himself, as he ought to have done, but obeyed it. When the duke had slept, he, upon his waking, went out on the quarter-deck, and seemed amazed to see the sails slackened, and that thereby all hope of overtaking the Dutch was lost. He questioned Pen upon it. Pen put it on Brounker, who said nothing. The duke denied he had given any such order. But he neither punished Brounker for carrying it, nor Pen for obeying it'. He indeed put Brounker out of his service k: and it was said, that he durst do no more, because he was so much in the king's favour, and in the mistress's. Pen was more

'(It appears, from the ex- "him, and he did punish him."

tract given below by speaker Higgons's Remarks, page 144.

Onslow, from the Journal of Hume observes, that Burnet

the House of Commons, that sufficiently accounts for Broun

the order was carried, not to ker's impunity, by informing

l'enn, but to Harman.) us that he was a favourite of

k (" This is as much as to the duchess of Cleveland, the"say, that he did not punish king's favourite mistress.)

1665. in his favour after that, than ever before, which he continued to his son after him, though a quaker: and it was thought, that all that favour was to oblige him to keep the secret. Lord Montague did believe, that the duke was struck, seeing the earl of Falmouth, the king's favourite, and two other persons of quality, killed very near him; and that he had no mind to engage again, and that Pen was privately with him. If Brounker was so much in fault as he seemed to be, it was thought, the duke, in the passion that this must have raised in him, would have proceeded to greater extremities, and not have acted with so much phlegm. This proved the breaking the designs of the king's whole reign: for the Dutch themselves believed, that, if our fleet had followed them with full sail, we must have come up with them next tide, and have either sunk or taken their whole fleet. De Wit was struck with this misfortune: and, imputing some part of it to errors in conduct, he resolved to go on board himself, as soon as their fleet was ready to go to sea again'.

1 See 17th of April, 1668, in the Journal of the House of Commons.

This paper is transcribed from the originals among the papers of the House of Commons.

Sir John Harman being called in and examined, says, the duke went off the deck about ten of the clock, and gave orders to bear up as close to the Dutch as they could; which they did, and were got up so close that night, that they were ready to run into the body of

the enemy, and that there were but six or seven more of our fleet near; that the discourse between him and Cox, and the lowering of sail, was occasioned by Mr. Brunckard's coming on the deck, and persuasion that he being spent with the two days' action before, desired rest; and left Cox as near the Dutch as he could adventure; that the next morning he found the topsails lowered as he left them; that there were no orders given from the duke in the least; that if Cox had kept at the dis

Upon this occasion I w of the affairs of Holland.

tance he left them, they might have been close up with the Dutch the next morning, but they were cast behind, and further off than he expected.

Sir John Harman, called in a second time and examined, says, he did give orders to Cox for lowering the topsails, but did not give orders to bring the ship to, but Cox did it of his own head; that when Mr. Brunckard came up, he had a conference with him, and asked him, whether he was mad, to run the duke's person into such danger, and used all the arguments he could to force him to lower the sails, as that the duke was heir to the crown, and the like, and thinks he should have done it in a short time after, if Mr. Brunckard had not pressed it: then the inconveniences which were occasioned by lowering sail, and bringing the ship to, were very great, as he perceived the next morning.

Harman, called in last time, said, that having been put in mind of some passages by his servant, and recollected himself, did remember, that Mr. Brunckard did use the duke of York's name to him, in a commanding way, that he should slack sail.

Mr. Neve, called in and examined, said, that when the duke of York was going to lie down to rest, he heard him give orders to captain Harman and captain Cox, to keep up close to the enemy, and near the light, and appointed Mr.

1 say a little of him, and 1665. His father was the de- ggQ

An account

Brunckard to get up, to see that of theaft'airs they did make sail, and keepia Holland, near the enemy.

Captain Cox being examined, said, that between eleven and twelve of the clock, when the duke went to rest, he gave orders that our fleet should keep close up with the enemy; that afterwards Mr. Brunckard came upon the deck, and used many persuasions with him to slack sail, but could not prevail. That Harman did give orders to lower the topsails, but when he went off did not give any order for hoisting sail again; and that if they had not lowered sail, they might have been near up with the enemy, and might have kept the weather of them without danger.

That he told Mr. Brunckard, he did wonder the duke's mind should be soon altered, having but little before given order to the contrary.

That Mr. Brunckard did not say, he had orders, but pretended the safety of the duke's person, and the like arguments, and that Harman and he had no consultation till after Mr. Brunckard came upon the deck.

That the duke's ship lowering sail was the occasion of the other ships lowering sail, and that our fleet was cast a mile and a half astern of the enemy in the morning; and that when the duke came up the next morning, he was much displeased with it.

That by lowering sail and bringing the ship to, one or two ships seemed in danger to fall foul on each other, and that much more might have been done against the enemy, if sail had not been lowered, and the ships kept to; says, that Harman, when he went off, gave no order to him to call him again, though it was near twelve of the clock when the sails were lowered: denies that Harman gave any orders for keeping at the same distance off the enemy that he was when Harman left him; and that the sails were lowered above an hour and a half; that Harman said it was necessary to bring the ship to, and gave direction for it; but that his opinion was against it, for fear of any of our ships falling foul of one another.

1665. puty of the town of Dort in the States, when the late prince of Orange was so much offended with their proceedings in disbanding a great part of their 1665. army: and he was one of those whom he ordered

That the night was dark, and could not (sic) discern our frigate (that carried the light) from the enemy.

That he was hoisting sail the next morning, when Harman came up upon the deck.

Mr. Pearse, called in and examined, says, that he was on the deck when the duke went off, about eleven of the clock, and that he then gave order to Harman and Cox to keep up close to the enemy; and that about half an hour after, Mr. Brunckard came up, and held discourse with Cox, and persuaded him to lower sail, but could not prevail, and afterward went to Harman, and used the same arguments to him; as that the duke was

heir to the crown, and had obtained a glorious victory the day before; that the king would not take it well they should hazard the duke's person, our ships being at a distance, and the enemy so near; and after some discourse, Harman said, "Well, if it must be so, it must "be so, then lower the sail." He says, there was a frigate ahead of the duke's ship, and that he could plainly see the Dutch fleet and our fleet, and that our ships were about five or six cables' length at distance from each other; that he was walking to and fro on the deck, and might not hear all that passed; that there were, as he did guess, twenty of our ships in sight, and near together.

Hill, the waterman, called in and examined, said, that Mr. Brunckard came up to Harman, and told him, the duke gave order to shorten sail, for he would not engage in the night. That Harman denied to do it, and said he would go to the duke himself: Mr. Brunckard told him, he need not, he would go again; he went down, and said he had been with the duke, and brought the same orders again; and Harman gave order to let run the topsails, that the ship lay to about an hour, till the enemy had got so far that we could not overtake them, and then the duke, when he came up in the morning, was very angry at it.

Duskberry, the waterman, examined, says, that presently after the lowering of sail, he came down to him, and said, We are like to do well, now major Brunckard has brought orders from the duke to shorten sail. That when the ship brought to, they were in a wood, like to be lost, and fall foul of one another, and lay musted in the sea, till towards morning; that all that squadron were close round, and near one another, and the white squadron were gone in pursuit of the enemy, and that they heard shooting all night.

That we might have kept near, as well as the other squadron.

That he did acquaint him with the passages between Mr. Brunckard and Harman, and repeats to the same effect.

Robert Sumner examined, says, that captain Harman had given orders for making more sail, before Mr. Brunckard came up: that when Mr. Brunckard came up, he told him he came from the duke with command, that he must not make more sail; at which Harman was much discontented; said he was sorry he must not make more sail, but the duke's order must be obeyed, retired (perhaps Sumner) to his cabin, and took tobacco::

Harman and Cox quite contrary to each other about bringing the ships to:

Pearce and Harman quite ——— about the number of ships near. All agree that if had (sic)

bore up, might have been near the Dutch in the morning.

That Tuesday next be given to Mr. Brunckard to make his further answer.

That the sergeant at arms do apprehend sir John Harman, and bring him in custody on Tuesday next, in order to his further hearing.

21 April, 1668. Mr. Speaker,

I am in the first place to give this honourable house thanks for the favourable opinion of me, and kindness in giving me this time to recollect myself, and wish I had been so happy to have asked it of you, before I undertook to give an account of what so long since happened, by which I should have prevented that great trouble I have given you, and those hard censures that are laid upon me; but I humbly hope, that whatsoever probable reasons to the contrary do appear, you will believe what I now affirm to be the truth. That winter following, after the engagement, I was sent to Crottenburg, where 1 had a sharp sickness, of which I am not yet recovered, either in memory or hearing, and many relics are yet upon me of that disease: and have since been wounded, of which I lay long, and endured much pain, and have, ever since my recovery, had a great hurry of his majesty's affairs upon me, besides my own, and had been this last whole

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