private man interested in any of those ships; nor could have given any just offence at all, if those promises had been observed by others, which were professed and really performed by His Majesty and his subjects on their parts.

Since the Duke's answer delivered into the house, he hath himself openly declared to their Lordships, that for the better clearing of his honour and fidelity to the state in that part of his charge which is objected against him by this seventh article, he hath been an earnest and humble suitor to His Majesty, to give him leave, in his proof, to unfold the whole truth and secret of that great action; and hath obtained His Majesty's gracious leave therein; and accordingly doth intend to make such open and clear proof thereof, that he nothing doubteth but the same, when it shall appear, will not only clear him from blame, but be a testimony of his care and faithfulness in serving the state.

8. To this article, wherewith he is taxed to have practised for the employment of the ships against Rochelle, he answereth, that so far from practising, or consenting, that the said ships should so far be employed; that he shall make it clearly appear, that, when it was discovered that they would be employed against those of the religion, the protestation of the French being otherwise, and their pretence being that there was a peace concluded with those of the religion, and that the French King would use those ships against Genoa, which had been an action of no ill consequence to the affairs of Christendom; the Duke did by all fit and honourable means, endeavour to divert the course of their employment against Rochelle; and he doth truly and boldly affirm, that his endeavours under the royal care of his most excellent Majesty, hath been a great part of the means to preserve the town of Rochelle, as the proofs when they shall be produced will make appear; and when His Majesty did find that, beyond his intention and contrary to the faithful promises of the French they were so misemployed, he found himself bound in honour to intercede with the most Christian King, his good brother, for the peace of that town and of the religion, lest His Majesty's honour might otherwise suffer; which intercession His Majesty did sedulously and so successfully pursue that that town and the religion there will and do acknowledge the fruits thereof. And whereas it is

further objected against him, that when, in so unfaithful a manner, he delivered the said ships into the power of a foreign state, to the danger of the religion, and scandal and dishonour of our nation, which he utterly denieth to be so; that to make his ill intentions in cunning and cautelous manner he abused the Parliament at Oxon, in affirming, before the committees of both houses, that the said ships were not, nor should be, so used or employed; he saith, under the favour of those who so understood his words, that he did not then use those words which are expressed in the charge to have been spoken by him; but, there being then a jealousy of the mis-employing of those ships, but the Duke having no knowledge thereof, the Duke knowing well what the promises of the French were, but was not then seasonable to be published; he, hoping that they would not have varied from what was promised, did say, that the event would show; which was no undertaking for them; but a declaration of that in general terms which should really be performed, and which His Majesty had great cause to expect from them.

9. That the Duke did compel the Lord Robartes to buy his title of honour, he utterly denieth; and he is very confident that the Lord Robartes himself will not affirm it, or anything tending that way; neither can he or any man else truly say so; but the said Duke is able to prove that the Lord Robartes was before willing to have given a much greater sum, but could not then obtain it; and he did now obtain it by solicitation of his own agents.

10. For the selling of places of judicature by the Duke, which are specially instanced in the charge; he answereth, that he received not, nor had a penny of these sums to his own use; but the truth is, that the Lord Mandeville was made Lord Treasurer by his late Majesty, without contracting for any thing for it; but, after that he had the office conferred upon him, his late Majesty moved him to lend him twenty thousand pounds, upon promise of re-payment at the end of a year. The Lord Mandeville yielded to it, so as he might have the Duke's word that it should be re-paid unto him; accordingly the Duke gave his word for it. The Lord Mandeville relied upon it, and delivered the said sum to the hands of Mr. Porter, then the Duke's servant, by the late King's appointment, to be disposed

as His Majesty should direct; and accordingly that very money was fully paid out to others; and the Duke neither had, of a penny thereof to his own use, as is suggested against him. And afterwards when the Lord Mandeville left that place, and his money was not repaid him, he urged the Duke upon his promise; whereupon the Duke, being jealous of his honour, and to keep his word, not having money to pay him, he assured lands of his own to the Lord Mandeville for his security.

But when the Duke was in Spain the Lord Mandeville obtained a promise from his late Majesty of some lands in fee farm, to such a value as he accepted of the same in satisfaction of the said money; which were afterwards passed unto him; and, at the Duke's return, the Lord Mandeville delivered back unto him the security of the Duke's lands which had been given unto him as aforesaid.

And for the six thousand pounds supposed to have been received by the Duke for procuring to the Earl of Middlesex the Mastership of the Wards, he utterly denieth it; but afterwards he heard that the Earl of Middlesex did disburse six thousand pounds about that time; and his late Majesty bestowed the same upon Sir Henry Mildmay, his servant, without the Duke's privity; and he had it and enjoyed it, and no penny of it came to the Duke, or to his use.

II. To this article the Duke answereth, that it is true that his late Majesty, out of his royal favour unto him, having honoured the Duke himself with many titles and dignities of his bounty, and as a great argument of his princely grace, did also think fit to honour those who were in equal degree of blood with him, and also to ennoble their mother, who was the stock that bare them. The title of Countess of Buckingham, bestowed upon the mother, was not without precedent; and she hath nothing from the Crown but a title of honour which dieth with her. The titles bestowed upon the Viscount Purbeck, the Duke's elder brother, were conferred upon him, who was a servant and of the bed-chamber to his now Majesty, then prince, by his Highness's means. The Earl of Anglesea was of his late Majesty's bed-chamber, and the honours and lands conferred on him was done when the Duke was in Spain. The Earl of Denbigh hath the honours mentioned in the charge;

but he hath not a foot of land which came from the Crown, or of the King's grant.

But if it were true that the Duke had procured honours for those that are so near and so dear unto him; the Law of nature, and the King's royal favour, he hopeth, will plead for his excuse; and he rather believeth, he were to be condemned of all generous minds, if being in such favour with his master, he had minded only his own advancement, and had neglected those who were nearest unto him.

12. To this article he answereth this, that he doth humbly, and with all thankfulness, acknowledge the bountiful hand of his late Majesty unto him; for which he oweth so much to the memory of that deceased King, and to the King's most Excellent Majesty that now is, and their posterity, that he shall willingly render back whatsoever he hath received, together with his life to do them service. But for the immense sums and values which are suggested to have been given unto him, he saith there are very great mistakings in the calculations, which are in the schedule in this article mentioned; unto which the Duke will apply particular answers in another schedule, which shall express the truth in every particular as near as he can collect the same; to which he referreth himself; whereby it shall appear what a great disproportion there is between conjectures and certainties. And those gifts which he hath received, though he confesseth that they exceed his merit, yet they exceed not precedents of former times. But whatsoever it is that he hath, or hath had, he utterly denieth that he obtained the same or any part thereof by any undue solicitation or practice or did unduly obtain any release of any sums of money he received. But he having at several times, and upon several occasions, disposed of divers sums of the monies of his late Majesty, and of His Majesty that now is, by their private directions, he hath releases thereof for his discharge; which was honourable and gracious in their Majesties, who granted the same for their servant's indemnity, and he hopeth was not unfit for him to accept of, lest in future times he or his might be charged therewith, when they could not be able to give so clear an account thereof, as he hopeth he shall now be well able to do.

13. To this charge which is set forth with such an expression

of words as might argue an extraordinary guiltiness in the Duke, who by such intimate bonds of duty and thankfulness, was obliged to be tender of the life and health of his most dread and dear sovereign and master, he maketh this clear and true answer, that he did neither apply nor procure the plaister or posset drink, in the charge termed to be a potion, unto His Majesty, nor was present when the same was first taken or applied; but the truth is this, that His Majesty being sick of an ague, he took notice of the Duke's recovery of an ague not long before; and asked him how he recovered, and what he found did him most good. The Duke gave him a particular answer thereto; and that one who was the Earl of Warwick's physician had ministered a plaister and a posset drink unto him; and the chief thing that did him good was a vomit, which he wished the King had taken in the beginning of his sickness. The King was very desirous to have that plaister and posset drink sent for; but the Duke delayed it; whereupon the King impatiently asked whether it was sent for or not; and finding by the Duke's speeches that he had not sent for it, his late Majesty sent for John Baker, the Duke's servant, and with his own mouth commanded him to go for it. Whereupon the Duke besought His Majesty not to make use of it, but by the advice of his own physicians, nor until it should be first tried by James Palmer of his bed-chamber, who was then sick of an ague, and upon two children in the town, which the King said he would do. And in this resolution the Duke left His Majesty, and went to London; and in the mean time, in his absence, the plaister and posset drink was brought and applied by his late Majesty's own command. At the Duke's return, His Majesty was in taking the posset drink; and the King then commanded the Duke to give it to him, which he did in the presence of some of the King's physicians, they then no ways seeming to dislike it; the same drink being first taken by some of them, and divers of the King's bed-chamber; and he thinketh this was the second time the King took it.

Afterwards, when the King grew somewhat worse than before, the Duke heard a rumour as if this physic had done the King hurt, and that the Duke had ministered that physic unto him without advice. The Duke acquainted the King there