No More Learning

The surgeons found monsieur le Fonde's wound
to be more dangerous than they had apprehended,
and that at least one of the bullets remained still in
the wound, and doubted that it might have hurt the
scull, in which case trepanning would be necessary ;
which made him resolve, though he was feverish,
presently to have a brancard made, and to be put
into it in his bed, and so with expedition to be car-
ried to Paris, where he was sure to find better
operators, besides the benefit and convenience of his
own house and family. And so the third day after
his misadventure, and after he had given his testi-
mony to the intendant, he was in that manner, and
attended by a surgeon, conveyed to Paris ; and, by
the blessing of God, recovered without the remedy
that had been proposed.

The chancellor, after he had been r bled once or
twice, found himself only in pain with the blow,
without any other symptoms which frequently attend
great contusions ; and therefore he positively rejected
the proposition of trepanning, which had been like-
wise earnestly urged by the surgeons : and upon
application of such plasters and ointments as were
prescribed, he found both the pain and swelling
lessen by degrees, though the memory of the blow
lasted long ; so that he thought himself fit enough

r been] Not in MS.
B b 2



372 CONTINUATION OF THE LIFE OF

1 G68. for his journey, and was impatient to be out of that
~~ unlucky town ; and his servants, having only flesh-
hurts, could endure the coach as well as he. The
intendant, who knew his desire, and was willing to
defer his judgment till he was gone from thence,
He remove* was very well content that he should proceed in his

toitourbSrj ourne y an d sent his sons w i tn n ^ s own troop to
convoy him two or three leagues out of the town ;
and appointed the provost with his troop of horse to
attend him to his lodging that night, and farther if
he desired it. And the next day he condemned
Howard and two others, an Englishman, a Scotch-
man, and an Irishman, (for the company consisted
of the three nations,) to be broken upon the wheel ;
which was executed accordingly. And shortly after
his arrival at Bourbon, monsieur de Lionne writ a
very civil letter to the chancellor, " of the trouble
" the king sustained for the affront and danger he
" had undergone ; and that his majesty was very ill
" satisfied, that so few as three had been sacrificed
" to justice for so barbarous a crime. "

And from When he had stayed as long at Bourbon in the
Avignon, use of the waters, as the physicians prescribed, (in
which time he foun'd a good recovery of his strength,
save that the weakness of his feet still continued in
an uneasy degree ;) and had 8 received great civili-
ties during his abode there from all the French of
quality, men and women, who came thither for the
same remedies, and with whom the town then
abounded ; he prosecuted his journey to Avignon :
and having stayed a week at Lyons, without any
new ill accident he arrived about the middle of
June there, by the pleasant passage of the Rhone.

had] having



EDWARD EARL OF CLARENDON. 373

Though he desired to make his journey as pri-

vately as he could, and had no more servants in his

train than was necessary to the state of health he
was in ; yet he was known in most places by the
presence of English, or by some other accident.
And some friends at Paris had given such adver- His good
tisement to Avignon, that when he arrived there, there/ '
he had no sooner entered into a private lodging,
which he procured the next day, but the vice-legate
came to visit him in great state and with much ci-
vility, offering all the commodities of that place, if
he would reside there. The archbishop, a very re-
verend and learned prelate, a Genoese, as the vice-
legate likewise was, performed the same ceremony
to him ; and afterwards the consuls and magistrates
of the city in a body, (who made a speech to him in
Latin, as all the rest treated him in that language,)
and all the principal officers of the court : so that
he could not receive more civility and respect in any
place ; which, together with the cheapness and con-
venience of living, and the pleasantness of the coun-
try about it, might have inclined him to reside there.
Yet the ill savour of the streets by the multitude of
dyers and of the silk-manufactures, and the worse
smell of the Jews, made him doubt that it could be
no pleasant place to make an abode in during the
heat of summer : and therefore receiving new con-
firmation by letters from Paris, " that he was en-
" tirely at liberty to reside where he would in
" France," he resolved to take a view of some places
before he would conclude where to fix ; and the fame
of Montpelier, that was within two little days' jour-
ney, invited him thither. And so after a week's He goes to

Montpelier;

stay at Avignon, and after having returned all the

Bb 3



374 CONTINUATION OF THE LIFE OF

1668. visits he had received, he went from thence, and

~" came to Montpelier in the beginning of July.
where he It was his very good fortune, that an English lady

receives . .

Kreat civiii- of eminent virtue, and merit, the lady viscountess
the lady' Mordaunt, who had in the beginning of the winter



j n as gr ea t weakness of body as nature can
subsist with, transported herself thither, remained
still at Montpelier ; where she had miraculously, by
"the benefit of that air, recovered a comfortable de-
gree of health : and the news of her being still there
\Vas a great motive to his journey from Avignon thi-
ther. The chancellor had no mind to be taken no-
tice of; but some relations which that lady made to
his advantage, and the great esteem that city had
of her, made his reception there more formal and
ceremonious than he desired.

Great re- The marquis de Castro, governor of the city and
tEliiiM* 1 castle, visited him, and welcomed him to the town,
though he had not so much as a pass to come thi-
ther. The premier president, and all the other
courts, and the consul and other magistrates of the
city, visited him in their several bodies, and enter-
tained him in Latin. It is true, that some days
after, the intendant of the province (who was not
then in the town) came thither ; and he had received
orders from the court, as soon as it was known that
the chancellor was in Montpelier, " that he should
" be looked upon and treated as a person of whom
" the most Christian king had a good esteem :" and
so, as soon as he came to the town, he visited him
with much ceremony, and told him, " that he had
" received a particular command from the king to
" do him all the services he could in that city, and
" in the province of Languedoc. " And it must be



EDWARD EARL OF CLARENDON. 375

confessed, that during his residence in Montpelier, 1668.
which was not above one or two months less than ~
three years, he did receive as much civility and
formal courtesy from all persons of all conditions in
that place, or who occasionally resorted thither, as
could have been performed towards him, if he had
been sent thither as a public person. And when
the duke of Vernueil (who was governor of the pro-
vince, and used to convene the States thither every
year) came to Montpelier, as he did three times in
those three years, he always visited the chancellor,
and shewed a very great respect to him : which was
as great a countenance as he could receive.
' Yet he did always acknowledge, that he owed all Which he

. . imputes to

the civilities which he received at his first coming the friend-
thither, and which were upon the matter the first w
civilities he had received in France, purely to the
friendship of the lady Mordaunt, and to the great
credit she had there : and for which, and the con-
solation he received from her during the time of her
stay there, he had ever a great respect for her and
her husband ; who, coming likewise thither, when
he received information from England of a design
to assassinate him by some Irish, manifested a noble
affection for him, and stayed some months longer
than he intended to have done, that he might see
the issue of that design. Of which he had a just
sense, and transmitted the information of it to his
children, to the end that they and his friends might,
upon all opportunities, acknowledge it to them both.
And in truth the great respect the place had for
him was notorious, when l any English came thither,

f when] in that when
B I) 4



376 CONTINUATION OF THE LIFE OF

1668. and forbore to pay any respect to the chancellor;
~~ as only one gentleman did, sir Richard Temple, who
publicly declared, " that he would not visit him,'*
and dissuaded others from doing it, as a matter the
parliament would punish them for, and shewed much
vanity and insolence in his discourses concerning
him: but" he found so little countenance from any
person of condition, though he called himself " the
" premier president of the parliament of England,"
and such a general aversion towards him ; that as
they who came with him, and his other friends, de-
serted him and paid their civilities to the chancellor,
so himself grew so ridiculous, that he left the town
sooner than he intended, and left the reputation be-
hind him of a very vain, humorous, and sordid per-
son.

And having thus accompanied the chancellor
through all his ill treatments and misadventures to
Montpelier, where he resolved to stay, it will be to
no purpose further to continue this relation ; other-
wise than as himself afterwards communicated his
private thoughts and reflections to his friends.

When he found himself at this ease, and with
those convenient accommodations, that he might rea-
sonably believe he should be no more exposed to the
troubles and distresses which he had passed through ;
he began to think of composing his mind to his for-
tune, and of regulating and governing his own
thoughts and affections towards such a tranquillity,
as the sickness of mind and body, and the continued
sharp fatigue in the six or seven precedent months,
had not suffered to enter into any formed delibera-

" but] Not in MS.



EDWARD EARL OF CLARENDON. 377

tion. And it pleased God in a short time, after '668.
some recollections, and upon his entire confidence in
him, to restore him to that serenity of mind, and re-
signation of himself to the disposal and good pleasure
of God, that they who conversed most with him
could not discover the least murmur or impatience
in him, or any unevenness in his conversations.
He resolved to improve his understanding of the
French language, not towards speaking it, the defect
of which he found many conveniences in, but for
the reading any books ; and to learn the Italian :
towards both which he made a competent progress,
and had opportunity" to buy or borrow any good
books he desired to peruse.

But in the first place he thought he was indebted He writes a

i t i i' i e> i r> vindication

to his own reputation, and obliged x for the informa- of himself.
tion of his children and other friends, to vindicate
himself from those aspersions and reproaches which
the malice of his enemies had cast upon him in the
parliament ; which, though never reduced into any
formal or legal charge, nor offered to be proved
by any one witness, were yet maliciously scattered
abroad and divulged to take away his credit. And
the performance of this work, that was so necessarily
incumbent to him, was the more difficult, by his
constant and uninterrupted fidelity and zeal for the
king's service, and his resolution to say nothing on
his own behalf and for his own vindication, that
might in the least degree reflect upon his majesty ;
which consideration had before kept him from
charging those who persecuted him, with such indi-
rect and naughty proceedings as might have put an

^ \

x obliged] Not in MS.



378 CONTINUATION OF THE LIFE OF



1668. en d to their power. Nor did he think fit in that
"conjuncture, when his majesty had not yet met
with that compliance and submission from the par-
liament since the chancellor's remove, as had been
promised to him as the effect of that counsel, to
publish, that his coming away (which was the
greatest blot upon his reputation) was with the
king's privity, and at least with his approbation.
However, he was resolved to commit into the cus-
tody of his children, who he knew could never com-
mit a fault against his majesty, such a plain, parti-
cular defence of his innocence upon every one of the
reproaches he had been charged with, that them-
selves might infallibly know his uprightness and in-
tegrity in all his ministry, which they observed and
knew too much of to suspect ; and might likewise
manifestly convince other men, who were willing to
be undeceived : but the manner of doing it, in re-
spect of the former consideration, he left to their
discretion. And having prepared this, and caused
it to be fairly transcribed, before the lord and lady
Mordaunt returned for England; he committed it to
their care, who delivered it safely to the hands of
his sons.

They were themselves upon that disadvantage
under the reproach of their relation, that the eldest
of them was removed from his attendance upon the
queen for many months, without the allegation of
any crime ; and the other was retained only by the
goodness of the king, against the greatest importu-
nity that could be applied : and therefore it con-
cerned them to be very wary in giving any offence,
of which their adversaries might take any ad-
vantage. Besides, they observed that they, whose



EDWARD EARL OF CLARENDON. 379

credit and interest had done all the mischief to their l G68.
father, were now fallen out amongst themselves with ~"
equal animosity, and had all carried themselves so
ill with reference to the public, and so loosely and
licentiously in order to a good name, that their
being enemies brought little prejudice to any man's
reputation ; and many of those, who had been made
instruments to deprave the chancellor, were not
scrupulous in declaring how they had been cozened,
and how unjustly he had been traduced and ac-
cused : so that they made no other use of the an-
swer and vindication they had received, than to be
thereby enabled to make a perfect relation of some
particular matters of fact which were variously re-
ported, and could not be understood by any but
those who had been conversant in the transactions.

It will be therefore necessary in this place, since
there hath been before so methodical an account of
all that the committee brought into the house of
commons against him, and never after mentioned
when they had once accused him, to insert such a
short answer and defence to all that was alleged,
out of that vindication which he sent from Montpe-
lier, that nothing may remain in the possible
thoughts of any worthy and uncorrupted man that
may reflect upon his sincerity, or leave any taint
upon his memory ; the preservation of which from
being sullied by the misfortunes which befell him, is
the only end of this discourse, never to be communi-
cated or perused by any but his nearest relations ;
who, by the blessing of God, can never but retain
that affection and duty to the crown and for the
royal family, that by the laws of God and man is
due to it and them, and without which they can



380 CONTINUATION OF THE LIFE OF

1 668. never expect God's blessing in this or the world to
come. And in this I shall observe the order I used
* before in the mention of the several allegations,



of the omitting upon any particular the repetition of what
him. hath been at large already said in this discourse,



which shall be referred to for answer.

rst ar-



The first ar- To t j ie first then> That he had designed a stand-



" ing army, and to govern the kingdom there-
" by ; advised the king to dissolve the present
" parliament, and to lay aside all thoughts of
" future parliaments ; to govern by military
" power, and to maintain the same by free
". quarter and contribution," (which, if true,
whether it was treason or no, must worthily
have made him odious to all honest men. )
His answer. The answer which he then made, and which was
dated at Montpelier upon the 24th of July 1668,
within few days after his arrival there and resolution
to stay there, was in these words. He said, as no-
thing could be more surprising to him, nor he
thought to any man else, than to find himself, after
near thirty years' service of the crown in the highest
trust ; after having passed all the time of his ma-
jesty's exile with him beyond the seas and in his
service, and in which the indefatigable pains he took
was notorious to many nations ; and after he had
the honour and happiness to return again with his
majesty into England, and to receive from him so
many eminent marks of his favour,' and to serve him
near eight years after his return in the place of the
greatest trust, without ever having discovered that
his majesty was offended with him, or in truth that
he had ever the least ill success from any counsel he
had ever given him ; or that any persons of honour



EDWARD EARL OF CLARENDON. 381

and reputation, or interest in the nation, had ever 1668.
made the least complaint against him, or had any""
thought that the miscarriages (for miscarriages were
enough spoken of) had proceeded from him, or from
any advice of his : he said, that as after all this he
could not but be exceedingly surprised to find him-
self on a sudden, when he had not the least imagina-
tion of it, bereft of the king's favour, and fallen so
far from his kindness, even within three or four
days after his majesty had vouchsafed to condole
with him in his house for the death of his wife, that
he resolved to take the great seal from him ; so it
was no small comfort to him to see and know, that
very few men of honour and reputation approved or
liked what was done ; but that the same was con-
trived, pursued, and brought to pass by men and
women of no credit in the nation ; by men, who had
never served his majesty or his blessed father emi-
nently or usefully, but most of them of trust and
credit under Cromwell, or never of credit to do the
king the least service ; and who were only angry
with him for not being pleased with their vicious
and debauched lives, or for opposing and dissuading
their loose and unreasonable counsels, which they
were every day audaciously administering in matters
of the highest moment, with great license and pre-
sumption.

But above all, he said, it was of the highest con-
solation to him, when it was publicly and indus-
triously declared, " that the king was firmly resolv-
" ed to destroy him, and would take it very well
" from all men who would contribute thereunto,
" by bringing in any charge or accusation against
" him ;" when the most notorious enemies he had



382 CONTINUATION OF THE LIFE OF

ICC8. were the only persons trusted in employment, men
~~ who had most eminently disserved and maliciously
traduced the king, and had been to that time looked
upon as such by his majesty ; and when all, who
were believed to have any kindness for the chancel-
lor, were discountenanced and ill looked upon ;
when men of all conditions and degrees were daily
solicited and importuned, by promises and threats,
to declare themselves against him, at least if they
would not be wrought over to do any thing against
their conscience, that they would absent themselves
from those debates : that all this malice and conspi-
racy, with so long Deliberation and consultation,
should not be able at last to produce and exhibit
any other charge and accusation against him, but
such a one as most men who knew him, or who had
any trust or employment in the public affairs, were
well able to vindicate him from the guilt of, and
even his enemies themselves did not believe. The
particulars whereof, he said, as far as he could take
notice of them/ they having not been to that day re-
duced into any form, so much as in the house of
commons itself, he would then examine : and if he
should appear too tedious in the examination and
disquisition of them, and to say more than was ne-
cessary in his own defence, and to mention many
particular persons in another manner than is usual
upon occasions of this kind ; he desired it might be
remembered and considered, that this was not writ-
ten as a formal answer to an impeachment, nor like
to be published in his lifetime, a judgment of banish-
ment being passed against him (without the least
proof made or offered for the making good any one
article of treason or misdemeanour) by act of parlia-



EDWARD EARL OF CLARENDON. 383

ment ; but that it was a debt due to his children 1 668.
and posterity, that they might know (how much"
soever they were involved or might be in the effects
of the sharp malice against him) how far he was
from any guilt of those odious crimes which had
been so odiously laid to his charge.

And that being his end, he might be excused if
he did so far enlarge upon all particulars, that it
might be manifest unto them how far he had been
from treading in those paths, or having been acces-
sory to those counsels, which had been the source
from whence all those bitter waters had flowed, that
had corrupted the taste even almost of the whole
nation. And in order to that so necessary discourse
and vindication of his integrity and honour, he could
only take notice of the printed paper of those
heads for a charge, that had been reported from the
committee to the house; all correspondence and com-
munication being so strictly inhibited to all kind of
men to hold any kind of commerce with him, ex-
cept his children and menial servants, who only had
liberty to write unto him of his own domestic af-
fairs ; and the letters which they should write or re-
ceive were to be first communicated to one of the
secretaries of state.

To the charge of the first article itself he said ; it
was no great vanity to believe, that there was not
one person in England of any quality to whom he
was in any degree known, who believed him guilty
of that charge : and that he wanted not a cloud of
witnesses (besides the testimony that he hoped his
majesty himself would vouchsafe to give him in that
particular) who, from all that they had heard him
say in council and in conversation, could vindicate



384 CONTINUATION OF THE LIFE OF

1668. him from having that odious opinion. Having had
the honour, by the special command of his late ma-
jesty of blessed memory, to attend the prince, his
now majesty, into the parts beyond the seas, and to
be always with him and in his service those many
years of his exile, and till his happy return ; he had
always endeavoured to imprint in his majesty's
mind an affection, esteem, and reverence for the
laws of the land ; " without the trampling of which
" under foot," he told him, " that himself could not
" have been oppressed ; and that by the vindication
" and support of them, he could only hope and ex-
" pect honour and security to the crown. " Upon
that foundation and declared judgment, he said, he
came into the service of the king his father, by op-
posing all irregular and illegal proceedings in par-
liament ; and that he had never swerved from that
rule in any advice and counsel he had given to him
or to his son.

From the time of his majesty's happy return from
beyond the seas, he had taken nothing so much to
heart, as the establishment of the due administration
of justice throughout the kingdom according to the
known laws of the land, as the best expedient he
could think of for the composing the general dis-
tempers of the nation, and uniting the hearts of the
people in a true obedience unto, and reverence for,
his majesty's person and government. And with
what success he had served his majesty in that pro-
vince, (which he had been pleased principally to
commit to his care and trust,) he did appeal to the
whole nation ; and whether the oldest man could
remember, that in the best times justice was ever
more equally administered, and with less complaint



EDWARD EARL OF CLARENDON. 385

and murmur; which had been frequently acknow- 1GG8.
ledged from all the parts of the kingdom, and had~
been often taken notice of by the king himself with
great approbation, and confessed by most of the no-
bility upon several occasions. He said, he had often
declared in parliament the king's affection and re-
verence for the laws, and his resolution neither to
swerve from them himself, nor to suffer any body
else to do so : and upon the public occasions of
swearing the judges in any courts, he had always
enjoined them " to be very strict and precise in the
" administration of justice according to law, with all
" equality, and without respect of persons, which
" the king expected from them ; and that as his ma-
" jesty resolved never to interpose by message or
" letter for the advancement or favour of any man's
" right or title, so he would take it very ill, if any
" subject (how great soever) should be able to
" pervert them. " And he did believe there had
never passed so many years together in any age,
in which the crown had not in the least degree in-
terposed in any cause or title depending in West-
minster-hall, to incline the court to this or that side ;
or in which the crown itself -hath had so many
causes judged against it in several courts : at least
in which former practice and usage on the behalf
of the crown hath been less followed. And no-
thing is more known, than that from the time of
the king's blessed return into England, even to the
preparation of that charge against him, he had been
reproached with nothing so much as his too much
adhering to the law, and subjecting all persons to
it : and this reproach had not been cast upon him
so bitterly and so maliciously by any, and in places

VOL. III. C C



386 CONTINUATION OF THE LIFE OF

1668. where they thought it might produce most prejudice
~~to him, as by those who now contrived that charge,
and who had been always great enemies to the law.

All this, and much more of the same kind, he
said, was manifest to all the world : and therefore he
needed not more to labour in that vindication. Yet
he could not but observe, that there was not in all
the king's forces, nor was when his forces were much
greater than they were at that present, one officer
recommended by him : and most of them were such
who professed publicly a great animosity against
him, having been, by the malice of some men, very
unreasonably persuaded that the chancellor was
their enemy ; that he desired that they might be
disbanded, or at least so obliged to the rules of the
law, that they should be every day cast into prison.
And they had indeed found, that in some insolencics
which the soldiers had committed contrary to the
law, and some pretences which they made to pri-
vileges against arrests, and the like, he had always
opposed their desires with more warmth than other
men had done ; as believing it might be the cause
of notable disorders, and more alienate the affection
of the people from the soldiers : so that it could not
be thought probable, that he should contribute his
advice for the raising a standing army, and that the
kingdom should be governed thereby ; when there
were very few men so like to be destroyed by that
army as himself, who was so industriously rendered
to be odious to it.

To the other part of that first article, " that he
" did advise the king to dissolve the present parlia-
" ment, and to lay aside all thoughts of parliaments
" for the future," &c. which it was said two privy



EDWARD EARL OF CLARENDON. 387

counsellors were ready to prove ; he made a relation l GGS.
of all that had passed in that consternation when"
the Dutch fleet came into the river as far as Chat-
ham, and when the debate was in council upon the
reconvening the parliament in August, when it
stood prorogued till October, which the chancellor
affirmed could not legally be done ; all which is more
at large related in this discourse y of the time when
those transactions passed, and so need not to be re-
peated in this place.

The second article was, " That he had, in the The second
" hearing of many of his majesty's subjects, ar
" falsely and maliciously said, that the king
*' was in his heart a papist, popishly affected,
" or words to that effect. "

He said, that he had occasion too often, through- His
out the whole charge, to acknowledge and magnify
the great goodness of God Almighty, that, since he
thought not fit (for his greater humiliation, and
it may be to correct the pride of a good conscience)
to preserve him entirely from those aspersions of
infamy, and those flagella lingua, those strokes of
the tongue, which always leave some mark or scar
in the reputation they desire to wound ; he had yet
infused into the hearts of his enemies, who had sug-
gested and contrived this persecution against him,
to lay such crimes to his charge as his nature is
known most to abhor, and which cannot only not
be believed, but must be contradicted, and a vindi-
cation of him from that guilt must be made, by all
men who know him to any degree, or who have been
much in his company. And as justice would have

y Page 247. &c. of this volume.
c c 2



388 CONTINUATION OF THE LIFE OF

1668. required it, so the usual form in cases of this nature
"doth exact, that in so general a charge they should
have named one single person of those many, in
whose hearing lie had laid that odious imputation
upon the king: and every man will presume, that
one such person would have been named, if he could
have been found.

There was no man then alive, he said, who had
had the honour to be so many years about or near
the person of the king as he had been : no man, who
knew more of the temptation his majesty had un-
dergone, and the assaults he had sustained, in the
matter of religion, during the whole time of his
exile; when almost a total despair possessed the
spirits of most men of his own religion, that he
would recover his regality ; and the hopes and pro-
mises and assurances were so pregnant of very many
of all conditions, that he would suddenly recover it
if he would change it. No man knew so well, with
what Christian courage his majesty had repelled
those assaults, or with what pious contempt and in-
dignation he resisted and rejected those temptations.
Nor had any man, he thought, held so many dis-
courses with his majesty concerning religion as he
had done; and sooner and more clearly discerned
the reproaches he would 'undergo from that innate
candour in his princely nature, which disposed him
to receive any addresses, or to hear any discourses,
which those of several factions in religion with great
presumption have used to present to him : whilst his
majesty hath, with equal temper and singular be-
nignity, heard all ; and, pitying their errors, disr
missed them with evidence, that their arguments
were too weak to make impression upon his judg-



EDWARD EARL OF CLARENDON. 389

ment. Which though they knew well, yet either
party, out of the vanity of their hearts, used all the
endeavours they could to get it believed, that the
king was propitious to them and their party. And
the papists, being most presumptuous in particular,
and in their dark walks in several counties making
it a special argument to their proselytes, and those
they endeavoured to make so, that the king favoured
them, and was of their religion in his heart, (of
which, and the great prejudice it brought upon his
majesty, he frequently received advertisements from
many persons of honour, and of warm affections to
the government ;) of which he had always informed
the king, who was exceedingly offended at their
folly and presumption, and wished " that some of
" them might be apprehended, and prosecuted with
" the utmost rigour ; and that some such prosecution
" might be made against all the Roman catholics,
" and that they might be convicted ;" which he al-
ways gave in charge to the judges accordingly.
And upon that and the like occasions he had a just
and necessary opportunity to enlarge, in the pre-
sence of many persons of honour and interest in the
kingdom, upon the sincerity of the king's religion,
and his constant exercise of it when he suffered by
it; giving such instances of many particulars as were
pertinent to the discourse : of which endeavours of
his, and of some fruit thereof, he doubted not but
that many of as considerable persons as are in Eng-
land would be ready to give him their testimony.
And, he said, he might without vanity say, that he
had more than an ordinary part in the framing and
promoting that act of parliament, that hath made
those seditious discourses, " of the king's being a

c c 3



390 CONTINUATION OF THE LIFE OF
J 668. papist in his heart, or popishly affected,*' so very



penal as they are*: and therefore there would be
need of an undoubted and uncontrollable evidence,
that he had so soon run into that crime himself.
Which was all he would for the present say upon
that second article.
The third The third article was, " That he had received

article.

" great sums of money for passing the Canary
" patent, and other illegal patents ; and granted
" several injunctions to stop proceedings at law
" against them, and other illegal patents for-
" merly granted. "

His answer. TO which he said, that he had presumed in his
humble address to the house of peers to assure their
lordships, *' that he had never received one penny
" over and above the just perquisites of his office,
" according to the precedents and practice of the
" best times, which he conceived to be those of the
" lord Coventry and the lord Ellesmere ; and which
" he had made his rule in all that he had receiv-
" ed, excepting only what he had from the imme-
" diate bounty of the king. " And as he had always
done all that was in his power to prevent and stop
all illegal patents, so he did believe that there would
be more patents then found in the office, which had
been stopped by him, than by any of his predeces-
sors in so short a time. He never granted any in-
junctions in the cases mentioned in the charge, nor
in any case, where, by the course of the court and
the rules of justice, it was not warranted. And for
the Canary patent, and the original, and all the pro-
ceedings thereupon, so much is said in the body of

1 they are] it is



EDWARD EARL OF CLARENDON. 391

this discourse, according to the time it was trans- ltiC8.
acted in a , that there needs no repetition of it in this
place.

The fourth article was, " That he had advised The fourth

article.

" and procured divers of his majesty's sub-
" jects to be imprisoned against law in remote
" islands, garrisons, and other places ; thereby
" to prevent them from the benefit of the law,
" and to introduce precedents for imprison -
" ing of other of his majesty's subjects in like
" manner. "

To which he said, he knew not what answer to His
make to that article, it being so general, and no
particular person being named : but, he said, it was
generally known, that he had never taken it upon
him to commit any man to prison, but such who,
by the course of the chancery, for matters of con-
tempt are justly and necessarily to be committed. It
was probable that he had been present at the coun-
cil-board, when many persons had been ordered to
be committed, and whose commitment hath by the
wisdom of that board been thought just and neces-
sary ; and therefore he was not to answer apart for
any thing done by them. Only he might say, that
he was frequently of opinion that the commitments
were very necessary : and it was notoriously known,
that by such commitments some rebellions or insur-
rections had been prevented ; and that other per-
sons, who were afterwards attainted and executed
for high treason, had upon their examinations and
at their death confessed, that their purpose had been
to rise in arms at such and such times, if their

a Vol. ii. p. 362. &c.
c c 4



392 CONTINUATION OF THE LIFE OF

1(568. friends upon whom they had principally relied had
~~ not been then committed to prison. And, he said,
he did well remember, that it was thought fit that
most of the persons who stand attainted for the
murder of the late king, his majesty's royal father,
should be removed out of the Tower, and dispersed
into several islands and garrisons : and if any other
persons had been likewise sent thither, he presumed
it was upon such reasons, as upon a due examination
thereof would make it appear to be very just.
The fifth ar- The fifth article was, " That he had corruptly

" sold several offices contrary to law. "
His answer. This he positively denied.

The sixth The sixth was, " That he had procured his ma-
" jesty's customs to be farmed at underrates,
" knowing the same ; and great pretended
" debts to be paid by his majesty, to the pay-
" ment whereof his majesty was not in strict-
" ness bound ; and that he had received great
" sums of money for procuring the same. "
Hi answer. To this he said, he had never had any thing to
do in the disposing his majesty's customs or any other
part of his revenue, except for some short time
after his majesty's first arrival in England ; when
he, amongst others of the lords of the council, was a
commissioner for the treasury : during which time
there was no farm let of any of the revenue, and the
customs were put into the hand of commissioners, to
the end that a computation might be made as near
as was possible of the full value of them, before that
it should be put into a farm, which every man con-
ceived would be fit to be done as soon as might be.
The white staff was shortly after given to the earl
of Southampton, (to whom his majesty had de-



EDWARD EARL OF CLARENDON. 393

signed it before he returned,) and the chancellorship 1 668.
of the exchequer to the lord Ashley, the lord chan-
cellor having resigned it into his majesty's hands,
which he had been possessed of for many years in
the time of the late king, and retained it till after
his majesty's return : and from the time that those
two officers of the revenue were made, which deter-
mined the former commission, he never intermeddled
in the customs, or in any other branch of the re-
venue ; except when the king commanded him to
be present in some consultations which he had with
the lord treasurer, and when there were other lords
of the council present. That excellent person, the
lord treasurer, always resorted to the king for his di-
rection, in all matters of the least difficulty which
occurred to him in the administration of his office ;
and frequently did desire to confer with the chancel-
lor (with whom he was known to have held a long
and a fast friendship) upon many particulars of his
office, believing that he was not altogether ignorant
in that administration, with which he had been for-
merly so well acquainted. And that he conceived
might be the reason, why he did oftentimes procure
him to be joined with him in . references from the
king, upon matters wholly relating to his own
office. But the chancellor did never then suffer
any particular application to be made to him in
those cases, nor had ever secret conferences with
any persons who were concerned in those preten-
sions.

What was meant " by his having procured his
" majesty's customs to be farmed at underrates,
" knowing the same ; and great pretended debts to
" be paid by his majesty, to the payment whereof



394 CONTINUATION OF THE LIFE OF

1068. " his majesty was not in strictness bound ;" he said,
he could not imagine, except it did relate to the
payment of a debt due from his late majesty to
some of the fanners. In which though he had no
more to do, than in giving information and his par-
ticular advice to his majesty, in the presence of the
lord treasurer, the chancellor of the exchequer, and
other of the lords, and so was not himself respons-
ible for what his majesty did thereupon ; yet he
thought himself obliged upon this particular, which
so much concerned the honour and justice of the
late king and of his present majesty, to enlarge, and
relate all he knew of what their majesties did, and
what induced his present majesty to do his part in
it.

He said, it was notoriously known, that before
the late troubles, and in the very first entrance into
them, his majesty was necessitated to borrow very
great sums of money from his then farmers of his
customs, and to oblige them to stand personally
bound for many other great sums of money, which
other men lent to his majesty upon their security.
That thereupon^ and for the repayment of those
sums which the farmers had advanced, and for
securing them from any damage for those monies
which others had lent upon their obligations, his
late majesty, with the advice of the then lord trea-
surer and the chancellor of the exchequer, had grant-
ed a further lease of his customs to those farmers for
three or four years to come, after the expiration of
their former lease ; with a covenant on his majesty's
part, to pay the just interest for all such monies as
were advanced by them, or for which they stood
bound ; and likewise that they should, out of their



EDWARD EARL OF CLARENDON. 395

growing rent, deduct such sums of money by the 1668.
year, as they had lent or been bound for, according"
to such proportions yearly as was agreed upon.
That it was as well known, that shortly after the
beginning of the parliament in 1640, and before the
commencement of the second lease, the house of
commons did not only force the said farmers to pay
a very great sum of money for their presumption in
receiving customs and impositions upon merchandise
in the former years, when they pretended such pay-
ments were not due ; but took also from them their
new lease granted to them by the king, and so left
them without any capacity of reimbursing them-
selves of the money they had lent, and likewise at
the mercy of their creditors to whom they stood
bound ; many of whom quickly began to exercise
that severity towards them, that many of the poor
gentlemen had their estates extended upon judg-
ments and recognisances, and their persons taken in
execution and committed to prison ; where some of
them who had been known to have great estates, as
sir Paul Pindar and others, were forced to end their
lives.

There were very few circumstances in the late
king's misfortunes, which gave him more trouble, or
so much afflicted him as the sense he had of the hor-
rid and unjust sufferings those poor gentlemen un-
derwent for him, and their affection for his service ;
which he often publicly mentioned, and as often de-
clared, " that he held himself obliged to make them
" full reparation as soon as God should enable him. "
And he frequently spake to the chancellor, who was
then chancellor of the exchequer, of that affair ; of
the good opinion he had of the men, and of the great



3JK) CONTINUATION OF THE LIFE OF

1668. services they had done for his majesty; and com-
~~ manded him expressly, when it should fall within
his power, he should do them all the right he could.
And of this he had often informed his majesty dur-
ing the time he was abroad, and after his return,
without any other motive than his father's command
and his own honour, having himself never had any
degree of friendship with any of the persons con-
cerned, and a very ordinary acquaintance with
some of them. Upon his majesty's happy return,
those gentlemen who were alive of the old farmers,
who were sir John Jacob, sir Job Harby, sir Ni-
cholas Crispe, and sir John Harrison, applied them-
selves to the king, having lain several years and at
that time remaining in execution in several prisons,
and having had their estates sold, upon the prosecu-
tion of those creditors to whom they were bound for
money lent to his majesty.

As soon as measures were taken for collecting the
revenue, those four gentlemen named before, and
two others who had served his majesty very well,
were appointed his commissioners for the collecting
the customs and duties upon trade ; in which collec-
tion they continued a year or thereabouts ; during
which time many of their creditors, who had gene-
rously forbore to prosecute them whilst they were
in prison and undone, begun now to commence their
actions against them, presuming they were then or
would shortly be able to satisfy them. Whereupon
the king commanded the lord treasurer and the
chancellor, with some other lords, to send for those
creditors, and to declare to them, " that his majesty
" would in a short time enable his farmers to pay
" their just debts, which he well knew were con-



EDWARD EARL OF CLARENDON. 397

" tracted for his service ; and that he would take it 1G68.
<c very well from them, if they would for the present
" give no obstruction to his service, by the prosecu-
" tion of those persons at law, whose time was
" solely taken up in the necessary service of his ma-
" jesty. " Whereupon they willingly desisted from
that prosecution ; and many of them finding now,
that by his majesty's favour they were like to re-
cover their debts they before thought to be despe-
rate, they frankly remitted the whole or part of
the interest, that in strictness of law was still due
to them.

His majesty shortly after, finding it best for his
profit to determine the collection by commission,
and to let the whole to farm, gave direction to the
lord treasurer to confer and treat with any fit per-
sons who desired to contract for the same. Many
overtures were made by several persons, and some
applied themselves directly to his majesty. Upon
which, and after a competent time in considering all
that had been proposed, the king appointed a day,
when he would be attended by the lord treasurer
and other of the lords, and when all the pretenders
should likewise be present, and he would then and
there declare his own judgment ; having first de-
clared to the commissioners, whereof four were the
old farmers to whom so much money was due, " that
" whosoever should take the farm, they should be
" obliged to pay them their just debt at such times,
" and by such proportions, as their service could
" bear. But as to the letting the farm itself, he
" would neither consider the debt he owed them,
" nor the sufferings they had undergone, but only
. " the rent they should offer ; which if as much as



398 CONTINUATION OF THE LIFE OF

1668. " any Ixxly else would give, he would prefer their
~~ " persons taforc others ; but if any other fit men
" would offer more than they thought fit to give,
" they should be his farmers : and therefore wished
" them well to consider what they would propose to
" him. "

After two days spent by his majesty with the se-
veral pretenders apart, and finding that the proposi-
tions made to him by the old farmers, with whom
the other two were to be joined who had served
with them as commissioners, were at least as much
if not more for his profit than any that had been
made by any of the rest ; he did declare, that the
farm should be let to those who had been his com-
missioners : which at that time was understood to
be so far from being a good bargain, that the two
commissioners, who were not concerned in the great
debt, utterly refused to meddle with the farm at so
great a rent ; the other four publicly declaring at
the same time, " that they would not give the rent
" but in contemplation of their debt, which they
" thought they should sooner and better receive,
" when it should be assigned upon their own collec-
" tions, than when it should be charged upon new
" farmers. " But they were suitors to his majesty,
" that he would oblige the other two (sir John Wol-
'* stenholme and sir John Shaw) to be joint farmers
" with them ;" which his majesty did, by making
a gracious promise to them, " that if they should be
" losers, he would repair them :" and thereupon di-
rections were given to Mr. Attorney General to pre-
pare a grant accordingly. And, he said, he did not
know that there was one dissenting voice from what
his majesty inclined to do upon the whole matter,



EDWARD EARL OF CLARENDON. 399

the same appearing to every man to be most just 1G68.
and reasonable.

The farm being thus settled, the old farmers were
directed " to bring their accounts to the lord trea-
" surer and chancellor of the exchequer, by which it
" should manifestly appear how much the king was
" justly and truly indebted to them, and how the
" debts were incurred ; that so upon a just compu-
" tation such satisfaction might be made to them, as
" was consistent with the present state of his ma-
" jesty's affairs and occasions. " Many months, if
not a whole year, were spent in the examination of
those accounts before the auditors : who, besides the
exceptions they took for want of some formalities in
the proof of some money paid, which after twenty
years of license (in which all their books and papers
had been taken, their houses plundered, and their
persons imprisoned ; and in which so many persons
employed by the king to receive and by them to
pay money were dead) could hardly be made with
the usual exactness ; made likewise several certifi-
cates of particular cases, which required further di-
rections. And the lord treasurer would never take
upon himself to give those directions, only declaring
to them, as he had frequently done, " that in regard
" his majesty was not strictly bound in justice to
" pay that debt due from his father, but that his
" present majesty's generous and royal disposition
" had prevailed with him to pay that just debt,
" whereby they might be preserved from ruin, in
" which," he said, " he had fully concurred with his
" majesty ; but that he would never advise him, on
" the contrary he would always dissuade his majesty
" from paying or allowing any interest, though paid



k)0 CONTINUATION OF THE LIFE OF

1G68. " by them, which would swell the debt to such a
~ " pro}>ortion, that his majesty could never undertake
" the payment of it. " Which determination, how
great soever their loss appeared to be, seemed to be
so just, at least so necessary for the king, that they
wholly referred it to his majesty ; hoping that it
might prevail with many of their creditors not to
exact it from them, though the sale of their whole
estates had made satisfaction to others for the whole
interest, as well as for the principal.

When the auditors' certificate was ready, and all
the doubts and questions that did arise thereupon
were clearly stated, his majesty vouchsafed again to
be present with the other lords, who. had from the
beginning assisted in the examination of that busi-
ness : and then the lord treasurer declared to his
majesty, what he had before said to the persons
concerned, " that b though he willingly approved his
" majesty's goodness in taking upon himself that
" great debt, yet that he would by no means give
" his advice or consent that he should pay or allow
" any interest for it. "

Upon the whole matter, and upon all the doubts
stated to his majesty, and after the rejection of se-
veral of the sums of money which were demanded
by them, and for the payment whereof such direct
proof is not made as is required by the course of the
exchequer, (though, he said, he thought most per-
sons who were present were in their private con-
sciences well satisfied, that those sums had been in
truth paid to his majesty's use, as had been alleged;)
there appeared to his majesty to be justly due to

l> that] and



EDWARD EARL OF CLARENDON. 401

them the sum of two hundred thousand pounds, 1GG8.
principal-money, for almost twenty years, and for
which they had paid the interest for many years
out of their own estates. And his majesty thought
it very just ; and, with many gracious expressions
of his purpose and resolution further to repair them
as he should be able, gave order to the lord trea-
surer, " that the said debt of two hundred thousand
" pounds should be paid to them in five years, that
" is, by forty thousand pounds for every year, out
" of the rent of the farm ; and that all instruments
" necessary for their satisfaction and security should
" be presently given to them, whereby they might
" be able to comply with their creditors, and avoid
" their importunity," wherewith his majesty begun
to be troubled as much as themselves.

He did confess himself to have been present at
those agitations, and to have contributed his humble
advice and opinion to his majesty that he should
pay this debt ; which he thought himself obliged to
da, as well as a faithful counsellor to his present
majesty, as in discharge of his duty and obligation
to his father. And, he said, he had very good rea-
son to believe, that if that two hundred thousand
pounds be paid according to his majesty's direction,
and of which the heirs and executors of those farm-
ers who are dead, as well as the four present farmers,
have their equal proportions ; the said persons have
not at this day half the estates they had in the year
1640, when they entered into those engagements
for his majesty. Nor was there any one person pre-
sent at the agitation of this affair, who seemed in
the least degree to differ in the opinion, or to dis-

VOL. in. D d



402 CONTINUATION OF THE LIFE OF

1668. suade his majesty from giving that satisfaction for
~ that debt.

He said, he did likewise very willingly confess,
that he had in the manner aforesaid, and being
called to advise, given his opinion for the payment
of many other considerable debts incurred by his
late majesty, and for which many persons of honour,
who adhered to him during that war, were person-
ally bound for him, and whose estates had been ex-
tended and their persons imprisoned for the same;
many of whom were in execution and in prison for
the same when his majesty returned, and others
were then sued in Westminster-hall, in his ma-
jesty's own courts. His late majesty having granted
under his great seal of England, to several persons
intrusted for the rest, many of his forests, parks, and
other lands, for their security and indemnity who
were or should stand bound for him, for money that
was then borrowed for and applied to the necessary
support of himself and his army, and to no other
purpose ; in c that grant he had been particularly
trusted, as well by the desire of the persons parti-
cularly concerned, as by his majesty's command to
be solicitous for their satisfaction. And he did not
deny, that he was never more glad d , than when he
was able to procure satisfaction for those persons
who were so bound and so secured ; nor more trou-
bled, than that he could do no more, than that there
remained still so many unsatisfied, and almost un-
done, for those debts so contracted ; of which num-
ber he believed there were still too many.

c in] and in d never more glad] very glad



EDWARD EARL OF CLARENDON. 403
/

But having made those clear confessions of what 1 608.
was truth, and what he did do in those transactions, ~~
he said, he must as positively deny, that ever he
procured or advised the letting his majesty's cus-
toms, or any other part of his revenue, at underrates:
on the contrary, that he used all the ways he could
to advance the rents, without respect of persons;
and that he was never present at the letting any
farm that any men would have given more for, than
they did to whom it was let, what offers soever
were made afterwards, when his majesty himself
had made a contract, and when a grant was issued
accordingly under the great seal of England. And
he did as positively deny, that ever he received or
expected the least sum of money, or money-worth,
for any lease made by his majesty of his customs, or
any other part of his revenue ; or for the payment
of any one debt made by his majesty, to which he
was or was not bound : he having, he said, never
had any other motive for the performance of those
offices, but the pure and entire consideration of his
majesty's honour, justice, and profit, and his own in-
clination to gratify worthy persons, who in justice
ought to be or might with justice be gratified and
obliged, and who had commonly been such persons
to whom he had had no kind of obligation.

The seventh article was, " That he had received The seventh

article.

" great sums of money from the company of
" vintners, or some of them or their agents, for
" enhancing the prices of wines, and for free-
" ing them from the payment of legal penalties
" which they had incurred. "

He said, if he had been in the least degree guilty His answer.
of that charge, it would very easily have been

D d 2



404 CONTINUATION OF THE LIFE OF

1668.
proved; and the vintners would very gladly have
~~ helped them in it, being persons who never thought
themselves beholden to him, and so not obliged to
conceal any of his corruptions. They well knew,
that he could never be prevailed with to consent to
the enhancing the prices of their wines, and that
he never had received from them the least sum of
money, or other gratuity from them, in his life.
He said, he did remember, that at a time when his
majesty had refused to grant all their other petitions,
the company of vintners did complain, " that there
" were so many informations against them prose-
" cuted by informers in the exchequer, that they
** must give over their trades, and be likewise un-
" done, if they, should be severely pursued for what
" was past:" and therefore they besought his ma-
jesty in council, " that he would pardon what was
" past ; and that for the future they would trespass
" no more. " Whereupon his majesty thought it
worthy of his mercy to shelter them for the present
from that prosecution ; and thereupon commanded
his attorney general " to call the informers before
" him, and to appoint the vintners to pay them such
" reasonable rewards for their pains as he thought
" fit ; and thereupon he should enter a noli prose-
" qui :" but his majesty charged them " for the fu-
" ture not to run into the same danger. " And as
this grace from his majesty was not upon his pro-
motion, but purely from his own bounty and good-
ness, from which nobody dissuaded him ; so he never
received the least profit from the same.
The eighth The eighth is, " That he had in a short time

article.

" gained to himself a far greater estate than
" can be imagined to be lawfully gained in so



EDWARD EARL OF CLARENDON. 405

"short a time; and contrary to his oath he 1668.
" had procured several grants under the great *~
" seal from his majesty, to himself and to his
" relations, of several of his majesty's lands, he-
" reditaments, and leases, to the disprofit of
" his majesty. "

To this he said, that he wished with all his heart His answer.
that the truth of that article (which he presumed
had drawn on all the rest) were clearly known to
all the world : and that they, who in truth do be-
lieve that he hath so great an estate, were well in-
formed what it is ; and they would then clearly
discern that he needed not be ashamed of having
gotten such an estate, nor that he needed to have
any recourse to any ill arts or means for the obtain-
ing thereof. They would know, that he had been
so far from " procuring several grants under the
" great seal of England from his majesty, to himself
" and his relations, of several of his majesty's lands,
" hereditaments, and leases, to the disprofit of his
" majesty ;" that he never moved his majesty in his
life for any one grant to himself or any of his rela-
tions. If his majesty's royal bounty had disposed
him to confer somewhat of benefit and advantage
upon an old servant, who had waited upon his father
and himself near thirty years in some trust and em-
ployment ; he said, he hoped it should not be im-
puted as a crime in him to receive his favours. He
was far from believing or imagining, that the poor
services he had ever done, or could do, were in any
degree proportionable to his majesty's bounty : yet
since his majesty's goodness had thought him fit for
it, he hoped many others would think so too; at
least as fit as some men, who had received greater

D d 3



406 CONTINUATION OF THE LIFE OF

1668. marks and proportions of it than he had done, and
~~ who, though they might serve much better, had not
served so long.

He said, he forbore to enlarge upon that charge,
because he conceived that it was now evident to
many, who had been wrought upon by those who
did not believe it themselves, to think his estate to
be very great, that the information they received
was without ground : and whoever considers, that
the first year after the king's return yielded justly
more profit to the great seal than he ever received
in all the years following, and some particular acts
of bounty conferred on him by his majesty, without
the least suit from him, and unthought of by him,
will believe that his fault was greater in having no
better an estate, than that what he hath hath been
gotten by corruption. He said, he hath none of his
majesty's lands, but what he had bought, for as much
as any body would pay for it, of those who had the
same granted to them by his majesty's bounty, and
that grant confirmed to them by act of parliament.
And he presumed that it could not have fallen from
his majesty's memory, and was sure was well known
to some persons of honour yet alive, that when his
majesty was graciously pleased, upon his first coming
over, to offer him some land that had never yielded
any thing to the crown, he absolutely refused to re-
ceive it, because it was generally thought to be of
great value ; and therefore he would not expose him-
self to the envy which naturally attends those dona-
tions, having in truth never had an immoderate
appetite to make haste to be rich ; and had as much
apprehended the being accused of witchcraft or bur-
glary, as of bribery and corruption.



EDWARD EARL OF CLARENDON. 407

In a word; he did declare, that, his debts being 1668.
discharged, for which he paid interest, all his estate"
was not worth, being sold, the money that he had
received from his majesty's own royal bounty, and
far from being suitable to the quality he yet held,
and which was never obtained by his own ambition,
as many persons of honour could testify.

The ninth article was, " That he had introduced The ninth

. . . _ article.

" an arbitrary government in his majesty s to*
" reign plantations ; and had caused such as
" complained thereof before his majesty and
" his council, to be long imprisoned for so
" doing. "

To this he said, that though he could not possibly HIS answei
comprehend the full meaning of that article, yet
because he had heard of many discourses made of
the authority that he assumed to himself over the
plantations, and the great advantage and benefit
that he had drawn to himself from thence, he was
very willing to take that occasion to relate all that
he knew, and all that he had done, with reference
to any of his majesty's plantations ; declaring in the
first place, that at his majesty's return, and before,
he had used all the endeavours he could to prepare
and dispose the king to a great esteem of his planta-
tions, and to encourage the improvement of them
by all the ways that could reasonably be proposed
to him. And he had been confirmed in that opinion
and desire, as soon as he had a view of the entries
in the custom-house ; by which lie found what a
great revenue accrued to the king from those planta-
tions, insomuch as the receipts from thence had
upon the matter repaired the decrease and diminu-
tion of the customs, which the late troubles had

D d 4



408 CONTINUATION OF THE LIFE OF

1668. brought upon other parts of trade, from what it had
~ formerly yielded.

The first consideration that offered itself before
the king that related to the plantations, was con-
cerning the Barbadoes ; which having been most
discoursed of since, and, as he had heard, with some
reflections upon him of partiality and injustice, he
said, he would in the first place set down all he
knew in that affair, and how he came to meddle

in it.

Before the beginning of the late troubles, the king
had granted the island of the Barbadoes to the earl
of Carlisle and his heirs for ever, upon a supposition
that it had been first discovered, possessed, and
planted at his charge : and the said earl sent a go-
vernor and people thither, and enjoyed it to his
death ; and by his will settled it for the payment of
his debts, which were very great. The troubles fall-
ing out in a short time after, little or no profit had
been drawn from thence towards the satisfaction of
those debts ; and the executors and trustees totally
neglected the taking care of it, or prosecuting the
plantation. But in and after the war many citi-
zens, merchants, and gentlemen, who were willing
or forced to withdraw themselves from England,
transported themselves thither, and planted without
asking any body's leave, and without being opposed
or contradicted by any body.

About the year 1647, or thereabouts, the late
earl of Carlisle, son and heir of the former earl
to whom the inheritance of that island belonged,
treated with the late lord Willoughby of Parham,
how that island might be so husbanded, that the
plantation might be advanced, and profit made by



EDWARD EARL OF CLARENDON. 409

it; which would at last redound to himself, when 1668.
the debt should be paid. The late king was then ~~
in the hands of the army : and with his majesty's
approbation and consent, it was agreed between the
said earl and the said lord, " that a lease should be
" made by the earl of Carlisle to the lord Willough-
" by, of all the profits which should arise out of that
" plantation, for the term of twenty-one years or
" thereabouts ; a moiety of the whole profits to be
" received by the lord Willoughby himself for his
" own use, in recompense for his pains and charge.
" And he was likewise to receive a commission from
" the said earl, to be governor of that and the rest
" of the Caribbee islands," (all which were compre-
hended in the charter granted by the king to the
earl of Carlisle;) "and that a commission should be
" likewise procured from the king or the prince of
" Wales, by which the lord Willoughby was to be
" constituted governor of the said islands. "

About that time the fleet in the Downs returned
to their obedience to the king, withdrawing them-
selves to the coast of Holland to offer their service
to the prince of Wales, his majesty that now is ; the
lord Willoughby then likewise coming over to him,
to serve him in any condition his highness would
employ him in. That summer being passed without
any good success, the lord Willoughby then inform-
ed the prince of what had passed between the earl
of Carlisle and him with the king his father's con-
sent ; which his highness had likewise received
from his majesty himself, with much recommenda-
tion of the lord Willoughby. He said, he was then
attending upon the prince in Holland, as one of the
king's council assigned by his majesty for that ser-



410 CONTINUATION OF THE LIFE OF

1668. vice. Upon the understanding this whole case, the
" prince, upon the unanimous advice of the council,
thought fit to grant such a commission of governor
of the Barbadoes and the other islands, as he de-
sired : and he had the more reason to desire it, (not-
withstanding the earl of Carlisle's grant and commis-
sion,) because the principal planters upon the Barlm-
does had been officers in the king's army, or of ma-
nifest affections to him, and always looked upon as
of his party.

With this commission the lord Willoughby had,
at his great charge and expense, transported him-
self to the Barbadoes, and was there received as go-
vernor ; and made a contract with the planters,
" that so much should be paid upon the hundred to
" the earl of Carlisle," to whom the propriety of the
whole belonged. But before this agreement could
be well executed, or any profit drawn from thence,
the island was reduced to the obedience of the par-
liament and of Cromwell, and a governor appointed
by them ; the lord Willoughby being sent into Eng-
land, where he remained till the king's return, and
had given unquestionable evidence of his affection
to the king's service, for which he had often been
committed to prison before and after Cromwell's
death.

As soon as the king returned, the lord Willoughby
(who had then eight or nine years to come of his
lease formerly granted to him by the earl of Carlisle,
who was then likewise living, and ready to do any
other act to the lord Willoughby's advantage) re-
solved to return himself to the Barbadoes, and de-
sired the king to renew his commission to him for
the government ; which his majesty was very will-



EDWARD EARL OF CLARENDON. 411

ing to do, as to a person he esteemed very much, 1668.
and who had spent very much of his own fortune, as ~
was notoriously known, in that service. But the
Barbadoes and all those other islands were now be-
come of another consideration and value, than they
had been of before the troubles : the Barbadoes it-
self was (by that confluence and resort thither as
was mentioned before) so fully planted, that there
was no room for new comers, and they had sent
very many of their people to the other islands to
plant ; many citizens of London had raised very
great estates there, and every year received a very
great revenue from thence ; and e the king's customs
from that one island came to a very great sum of
money yearly.

All these men, who f had entered upon that plant-
ation as a waste place, and had with great charge
brought it to that perfection, and with great trouble,
begun now to apprehend, that they must depend
upon the good-will of the earl of Carlisle and lord
Willoughby for the enjoyment of their estates there,
which they had hitherto looked upon as their own.
All these men joined together in an appeal to the
king, arid humbly prayed " his protection, and that
" they might not be oppressed by those two lords. "
They pleaded, " that they were the king's subjects ;
" that they had repaired thither as to a desolate
" place, and had by their industry obtained a liveli-
" hood there, when they could not with a good con-
" science stay in England. That if they should be
*' now left to those lords to ransom themselves and
" compound for their estates, they must leave the

e and] Not in MS. f who] Not in MS.



418 CONTINUATION OF THE LIFE OF

1668. "country; and the plantation would be destroyed,
~" which yielded his majesty so good a revenue.
** That they could defend themselves by law against
** the earl of Carlisle's title, if his majesty did not
" countenance it by a new grant of the government
" to the lord Willoughby : and therefore they were
" suitors to his majesty, that he would not s destroy
" them by that countenance. "

At the same time, the creditors of the late earl
of Carlisle (whose debts were to be satisfied by the
profits of that plantation, by the will and settlement
of the said earl) petitioned the king, " that they
" might be in the first place provided for : their
" principal-money due to them at the death of the
" earl amounted to no less than fifty thousand
" pounds, of which they had never yet received one
" penny; and therefore that the profits which should
" arise ought in the first place to be applied to them,
" there having been many families utterly ruined for
" want of their monies so due to them. " The king
appointed to hear all their several pretences at the
council-board, where they all attended with their
council : and after his majesty had spent three or four
days himself in hearing the several allegations, find-
ing 11 new pretences and difficulties every day to arise,
(which shall be mentioned anon,) the king appointed
several of the lords of the council " to consider of
" the whole matter, and to confer with the several
" parties, and, if it were possible, to make an end
" between them by their own consent ; otherwise
" to report the several titles to his majesty, with
" such expedients as in their judgments they thought

not] Omitted in MS. h finding] and finding



EDWARD EARL OF CLARENDON. 413

" most like to produce a general satisfaction, with-
" out endangering the plantation," the preservation
whereof . his majesty took to heart. The chancellor
was one of that committee, and took very much
pains in reading the charters, grants, and leases, and
many other papers and despatches which concerned
that affair ; and conferred with several of the per-
sons interested ; to the end that he might the bet-
ter discern what could be done, having never under-
stood or heard any thing of the matter, or that con-
cerned that plantation, otherwise than what he hath
before set down upon the despatch of the lord Wil-
loughby to ' Holland ; nor had he the least k inclina-
tion or bias to any party. Upon the hearing all the
allegations before the lords, the several pretences
and titles appeared to them to be these ; which they
afterwards reported to the king.

The lord Willoughby demanded nothing from the
king, but his commission to be governor for the re-
mainder of the years which had been granted to
him by the earl of Carlisle ; to the end that he
might receive one moiety of those profits which
should arise to the earl, and which had been assign-
ed to him with the consent and approbation of the
late king, and of his majesty that now is ; upon
which he had undertaken that voyage, and spent so
much of his estate.

The earl of Carlisle, whilst this contention was
depending, died, and by his will devised his interest
in the Barbadoes to the earl of Kinnoul, who like-
wise petitioned the king for the preservation of his
right : but neither he, nor the person under whom

1 to] in k least] Not in MS.



414 CONTINUATION OF THE LIFE OF

1 668. he claimed, had any pretence till all the debts should
be satisfied ; nor did the earl of Kinnoul demand
any thing till then, but believed the profit would
arise yearly to so much, that the debts would
quickly be satisfied, and then the whole was to come
to him.

There was another title that preceded the earl of
Carlisle's, which was that of the earl of Marlbo-
rough, who alleged, and proved it to be true, rt that
" the Barbadoes and those adjacent islands were
" first granted by the king to his grandfather the
" earl of Marlborough, who was then lord high
" treasurer of England, before the earl of Carlisle
" had any pretence thereunto ; and that the lord
" treasurer had afterwards consented that the same
" should be granted to the earl of Carlisle, upon a
" full contract, that he should first receive for ever
" the sum of three hundred pounds by the year out
" of the first profits of the plantations ; which sum
" of three hundred pounds had never been yet paid :
" and therefore the earl of Marlborough desired, as
" heir to his grandfather, to have satisfaction for the
" arrears, and that the growing rent might be se-
" cured to him. "

The creditors were of two kinds : the first, and
who had first petitioned the king, as was said be-
fore, had an assignment made to them by the execu-
tors and trustees of the earl of Carlisle upon his will,
and who at his death owed them the full sum of
fifty thousand pounds or thereabouts. The other
creditors consisted of several tradesmen and ar-
tificers, to whom the said earl was indebted for
wares and goods which they had delivered for his
use; and of several servants for their arrears of



EDWARD EARL OF CLARENDON. 415

wages : and all those had, during the late troubles, 1 668.
exhibited their bill in chancery against the executors
and overseers of the late earl, and had obtained a
decree in that court for their satisfaction out of the
profits of those plantations, (which decree stood con-
firmed by the late act of judicial proceedings ;) and,
as he remembered, their debts amounted to thirty
thousand pounds or thereabout. None of the cre-
ditors in general, of one or the other sort, had ever
received one shilling from the time that the earl had
first assigned it.

The planters insisted positively, "that the char-
" ter granted to the earl of Carlisle by the king was
" void in point of law :" for which their council al-
leged many reasons. And having spent much time
upon that argumentation, they concluded with two
humble propositions to the king. 1. " That his ma-
" jesty would give them leave to prosecute in his
" name in the exchequer, and at their own charge,
" to repeal that grant to the earl of Carlisle ; by
" which they should be freed from the arbitrary
" power and oppression which would be exercised
" upon them under the colour of that charter, and
" his majesty might receive a great benefit to him-
" self, by taking the sovereignty into his own hands,
" to which it belonged. And in that case they of-
" fered in their own names, and for the rest of the
" planters who were in the island, to consent to an
" imposition of so much in the hundred, which they
" confidently averred would amount in the year to
" ten thousand pounds at the least ; out of which his
" majesty's governor might be well supported, and
" his majesty dispose of the overplus as he should
" think fit. " 2. " If his majesty would not suffer



416 CONTINUATION OF THE LIFE OF

X

1668. " the charter to be repealed, that he would leave
"" " those who claimed under the earl of Carlisle's pa-
" tent to their remedy at law, and leave the planters
" to their own defence ; which they hoped in justice
" could not be denied to them, since they alone had
" been at the charge to settle the plantation, which
" brought every year so great a revenue to the
" crown, when the earl had not been at the least ex-
" pense thereupon : and if his majesty should not 1
" assist their pretences with his royal authority,
" they must all quit the plantation. "

These being the several pretences of the several
persons, and nothing being to be done by agreement
between themselves, their interests being so distinct
and inconsistent with each other ; his majesty
thought fit, in the first place, to refer the considera-
tion of the validity and legality of the patent to his
council at law; who, upon full deliberation and
after the hearing of all parties, returned their opin-
ion, " that their patent was void, and that his ma-
" jesty might take the same into his own power. "
This report was no sooner made to his majesty, but
that he very graciously declared, "that he would
" not receive from hence any benefit or advantage
" to himself, until all their pretences had received
" satisfaction ; and that he would make no further
" use of avoiding the said charter, than to dispose
" the profits of the plantation to those, who in jus-
" tice had any pretence in law or equity to receive
" the same : and therefore that the lord Willoughby
" should proceed in his voyage to the Barbadoes,
" and should receive according to his bargain a

1 not] now



EDWARD EARL OF CLARENDON. 417

"moiety of the profits; and that the other part 10(58.
" should he disposed of for the satisfaction of the
" debts and other incumbrances. " In order to
which, his majesty appointed the same committee of
the lords to meet again, and to adjust the several
proportions.

When they met again, they had all the persons
concerned with them, or ready to be called in upon
any occasion ; and they all appeared very glad that
the king had taken the care and protection of the
plantation upon himself, which was all the security
the planters had or could desire. And the lords'
first care was, to make some computation that
might be depended upon, as the yearly revenue that
would arise upon the imposition within the island.
But the planters would not be drawn to any parti-
cular agreement in that point, not so much as to
consent to what should be imposed upon every hun-
dred ; but on the contrary declared, " that too much
" had been undertaken in that kind by one of their
" own number, Mr. Kendall, in his discourse before
" the king in the council," and declared, " that the
" plantation could not bear the imposition he had
" mentioned. That whatsoever was to be done of
" that nature was to be transacted by an assembly
" in the island : and that all that they could pro-
" mise for themselves was, that they would use
" their utmost endeavours with their friends in the
" island, that when the lord Willoughby should ar-
" rive there and call an assembly, they should cou-
" sent to as great an imposition as the 'plantation
" would bear : by which," they said, " a good reve-
" nue would arise to the king for the purposes afore-
" said. "

VOL. III. E e



418 CONTINUATION OF THE LIFE OF

1 668. The creditors had great reason to be glad of the
~ resolution his majesty had taken : for though it
would be a long time before they could be fully sa-
tisfied out of a moiety of the profits, though it
should arise to the highest computation, yet in time
they should receive all, and should every year re-
ceive some ; which would lessen their debt, and re-
lieve those who were in the highest necessities, of
which there was a great number. Whereas they
had hitherto in so many years received not one
penny : and it was evident, that without his ma-
jesty's authority they never should, since the planters
were resolved never to consent to any imposition,
nor submit to "any authority that should be exer-
cised under the earl of Carlisle's patent, without a
due course of law ; the way to obtain which would
be very difficult to find out. And they understood
well enough, that, without his majesty's grace and
bounty to them, the repeal or avoiding the earl of
Carlisle's patent would put a quick end to all their
pretences.

The greatest difficulty that did arise was from
the earl of Kinnoul, to whom the last earl of Carlisle
had devised these islands by his will : and he had a
great mind to go thither himself, and take posses-
sion of his right ; and his council had persuaded
him, " that the king's charter granted to the first
" earl of Carlisle was good and valid in law, and
" that they believed they could defend and maintain
" it in any court of justice. " Then his own estate
in Scotland was so totally lost by the iniquity of the
time, and his father's having so frankly declared
himself for the king, when very few of that nation
lost any thing for their loyalty, that he had very lit-



EDWARD EARL OF CLARENDON. 419

tie left to support himself; and therefore was willing 1GG8.
to retire into any place abroad, where he might find"
but a bare subsistence. But when he considered
again, that he could have no pretence to any thing-
till after the creditors were fully satisfied, and how
long it was like to be before they could be satisfied,
there remaining still due to the creditors of both
kinds no less than fourscore thousand pounds, prin-
cipal-money ; he did not believe that his insisting
upon the patent would be worth the charge and ha-
zard he must inevitably be put to : and therefore,
upon further deliberation with his friends, he will-
ingly referred himself and all his interest to the
king's gracious determination, as all the rest of the
pretenders and interested persons had done.

The case being thus fully stated to the lords, and
every man's interest and pretence clearly appearing
before them, they considered seriously amongst
themselves what they might reasonably propose to
the several persons, in order to their agreement
amongst themselves ; or, that proving ineffectual,
what advice they might reasonably give his ma-
jesty. They were unanimously of opinion, " not to
" advise his majesty to cause the patent to be called
" in question : for though they doubted not, upon
" the opinion of his learned council, that the same
" would be judged void and illegal ; yet they did
" not think it a seasonable time, when the nation
" was so active and industrious in foreign plant -
" ations, that they should see a charter or patent
" questioned and avoided, after it hath been so
" many years allowed and countenanced, and under
" which it hath m so long flourished, and was almost

111 hath] had

E e 2



420 CONTINUATION OF THE LIFE OF

1668. " grown to perfection. And that since his majesty
""" had declared, that, notwithstanding any right of
" his own, all possible care should be taken for the
" satisfaction of the creditors, as well as for the pre-
" servation and support of the plantation ; it would
" be equally equitable and honourable in his ma-
" jesty, not to leave the earl of Kinnoul the only
" person unconsidered, and bereaved of all his pre-
" tence. But that they would humbly move his
" majesty, that he would graciously vouchsafe to as-
" sign some present maintenance to the said earl,
" which his unhappy condition required, out of the
" revenue that should be there settled, and until the
" debts should be paid ; and that after that time
" such an augmentation might be made to him, as
" his majesty in his royal bounty should think fit :
" in consideration whereof, the earl should procure
" the patent to be brought in and surrendered ;"
which he promised should be done accordingly, as
soon as the settlement should be made of that pro-
portion which should be assigned to him.

" That the lord Willoughby should enjoy the be-
" nefit of his former contract with the earl of Car-
" lisle, and approved by his majesty, during the re-
" mainder of those years which are not yet expired ;
" that he should make what haste he could thither,
" and call an assembly, to the end that such an im-
" position might be agreed upon to be paid to his
" majesty as should be reasonable, in consideration
" of the great benefit they had already and should
" still enjoy, in being continued and secured in their
" several plantations, in which as yet they were as it
" were but tenants at will, having no other pretence
" of right but the possession : and therefore, that



EDWARD EARL OF CLARENDON. 421

" those merchants and planters who had petitioned ]6fi8.

" the king should, according to their obligation and

" promise made by them to his majesty, use all their

" credit with those in the island, that the imposition

" might arise to such a proportion, that the revenue

" might answer the ends proposed ; and that one

" moiety of that revenue should be enjoyed by the

" lord Willoughby for his term.

" That the annuity of three hundred pounds by
" the year should be paid to the earl of Marl-
" borough, according to the original contract men-
" tioned before ; and that the assignment, that his
" majesty would likewise be pleased to make to the
" earl of Kinnoul, should be first paid : and then
" that the remainder of that moiety should be re-
" ceived to the use of the creditors. And that
" when the lord Willoughby's term should be ex-
" pired, his majesty should be desired, after the re-
" servation of so milch as he should think fit for the
" support of his governor, that all the remainder
" might be continued towards the creditors, until
" their just debts should be paid. "

These particulars appearing reasonable to the
lords, all persons concerned were called, and the
same communicated to them, who appeared all well
contented : and thereupon the lords resolved to pre-
sent the same to his majesty, which they did accord-
ingly at the board ; and his majesty with a full ap-
probation and advice of the whole council ratified
the same. Whereupon that order was made by the
king in council, which comprehends all the par-
ticulars mentioned before ; which was delivered to
the lord Willoughby, with his majesty's express
command, " that he should see it punctually and

E e 3



422 CONTINUATION OF THE LIFE OF

1 668. " precisely executed ;" and the like order was deli-
vered by the clerk of the council to every other per-
son mentioned, who desired the same: to which order
he did for the more certainty refer himself, being
in no degree confident (having then no other help
than his memory) that all was set down with that
exactness as it ought to be. And, he said, as he
had throughout the whole affair taken very great
pains to reduce it to that agreement, which at that
time seemed to be satisfactory to all the persons
concerned, so he had not the least temptation of par-
ticular benefit to himself; and he did still believe it
to be very just, reasonable, and agreeable to his ma-
jesty's justice and goodness, all circumstances being
considered. And though it may be, in strictness of
law, and by the avoiding the grant made to the earl
of Carlisle, his majesty might have possessed him-
self of the whole island, without any tender consider-
ation of the planters or the creditors ; he said, he
was not ashamed that he had never given his ma-
jesty that or the like counsel, in that or any other
matter of the like nature ; and if he had, he was
confident his majesty would have abhorred it, and
not have thought the better of him for giving it.

The other part of that article, " That he had
** caused such as complained of the arbitrary govern-
" ment in the plantations before the king and coun-
" cil, to be long imprisoned for so doing," did refer,
he supposed, to the commitment of one Farmer ;
who, being sent over a prisoner by the lord Wil-
loughby in a ship that came from thence, made his
appearance at Oxford, his majesty being then there
in the sickness time, which, he said, was the first
moment that he had ever heard of the man or the



EDWARD EARL OF CLARENDON. 423

matter. And at the same time one of the secreta- 16C8.
lies of state received a letter from the lord Wil-
loughby, which was sent by the same ship, in which
his lordship had sent a direct, full charge of mutiny,
sedition, and treason against the said Farmer ; and
by his letter informed the secretary of all his beha-
viour and carriage, with all the circumstances there-
of; and " that he had, by his seditious practices,
" prevailed so far upon a disaffected party in that
" island, that the lord Willoughby found himself
" obliged in the instant to send him on board the
" ship, without which he did apprehend a general
" revolt in the island from his majesty's obedience :"
and he did therefore desire, " that Farmer might not
" be suffered to return thither before the island
" should be reduced to a better temper. " The man
was called in before the king and council, and the
charge that the lord Willoughby had sent read to
him, the greatest part whereof he could not deny ;
and in his discourse upon it he behaved himself so
peremptorily and insolently before the king, that his
majesty thought it very necessary to commit him ;
nor did any one counsellor then present appear to
think otherwise.

And he did confess, that the discharging him
from his imprisonment was some time afterwards
moved, and that he was always against his dis-
charge ; being of opinion that it would be impossible
for the lord Willoughby, or any other governor in
any of the plantations, to preserve his majesty's
right and to support the government, if he should
be so far discountenanced, that a man, being sent
over by him as a prisoner under so particular and
heinous a charge, should be upon his appearance

E e 4



424 CONTINUATION OF THE LIFE OF

1668. here set at liberty. But his opinion was, " that he
~~ " should be sent back a prisoner thither, that he
" might be tried by the law and justice of the
" island, and receive condign punishment for his
" offence :" and, he said, he could not deny but that
he was still of the same opinion ; and, if it were an
error, it proceeded from the weakness of his under-
standing, which was not in his power to reform.

He said, what he had here set down was all that
occurred to his memory with reference to the island
of the Barbadoes, which being not particularly men-
tioned in the article, but comprehended under the
general expression of his majesty's foreign plant-
ations, and secretly and maliciously insinuated in
private discourses, he took himself to be obliged to
give some answer to what, how generally soever,
had been charged. And he hoped it would not be
imputed as a crime to him, if he had taken more
pains than other men in that important service of
his majesty concerning his foreign plantations, which
he did not think had been enough taken to heart :
and if his desire and readiness to take any pains, or
give any assistance to the advancement of that ser-
vice, had induced many persons to apply themselves
to him on those occasions, he hoped it should not be
charged upon him as over-activity, or ambition to
engross more business into his hands than he was
entitled to ; for which he had this excuse to make
for himself, that he found the pains he took to be
acceptable to his majesty. And he was so far from
having any particular design of advantage to him-
self, that he did profess and declare, that from all or
any of his majesty's plantations he never had the
least reward, or least present made to him ; except



EDWARD EARL OF CLARENDON. 425
that the now lord Willoughby once told him, "that 1668.



" his brother had sent over some pieces of the speck-
" led wood which grows in Surinam, with direction,
" that if he liked it, he might have what he would
" of it ;" whereupon he had some pieces of it, which
he thought might have been applied to the making
of cabinets or the adorning of wainscot, (but as they
were very small, so the middle of every piece was
wind-shaken and rotten, that they could not be ap-
plied to any considerable use ;) and except some
blocks of walnut-tree which the governor of Virginia
sent to him, and of which he made some table boards
and frames for chairs ; the workmanship whereof
cost much more than the wood was worth. And
these two particulars contained all the rewards and
presents or profit, that ever he received from all his
majesty's plantations, or any body to his use.

The tenth article was, " That he did reject and Thetenth

J article.

" frustrate a proposal and undertaking approved
" by his majesty, for the preservation of Nevis
" and St. Christopher's, and reducing the French
" plantations to his majesty's obedience, after
" the commissions were drawn for that pur-
" pose ; which was the occasion of such great
" losses and damages in those parts. "
To which he answered, that he never did reject His answer.
or frustrate any such proposal or undertaking, never
taking upon him in the least degree to make a judg-
ment of enterprises of that nature ; nor was ever
any such proposition made to him. But he did
very well remember, that his majesty himself did
once deliver to the council a paper, which he said
one of his servants (Mr. Marsh) had presented to
him, containing some propositions for ships and men



426 CONTINUATION OF THE LIFE OF

1668. to be sent by his majesty for the recovery of St.
"~ Christopher's, which had been newly taken by the
French. Upon the reading which paper and pro-
positions, the same were referred to the considera-
tion of the general, one of the secretaries of state,
and to the vice-chamberlain, who were to confer
with Mr. Marsh, and such others as joined with
him. And they were at the same time appointed
to consider of another proposition delivered in writ-
ing by the now lord Willoughby, and some mer-
chants of London who were planters in the Barba-
does, for the supplying and better securing that
island, and the rest of those Caribbee islands ; and
for the reducing and recovering any of them which
were or might be taken by the enemy. Upon the
latter of which somewhat was afterwards done : and
if the other concerning Nevis and St. Christopher's
was rejected, of which, he said, he knew nothing,
he presumed it was, because it either appeared un-
practicable, or not consistent with his majesty's
other affairs.

Theeie- The eleventh article was, " That he advised and
tide. " effected the sale of Dunkirk to the French

" king, being part of his majesty's dominions,
" together with the ammunition, artillery, and
" all sorts of stores there ; and for no greater
" value than the said ammunition, artillery,
" and stores were worth. "

This whole transaction of the sale of Dunkirk,
with all the circumstances, is so fully related in this
discourse, in the place and at the time when" this af-
fair was transacted n , that any repetition here is to

" Vol. ii. p. 242, &c.



EDWARD EARL OF CLARENDON. 427

no purpose : and whosoever turns back and reads it 1668.
will clearly see, that he had no hand in the counsel ; ~~
though he is far from condemning it, or believing
that it was not necessary, as his majesty's affairs at
that time stood. To which may be added, that the
treatment he received after his coming into France
was an unquestionable evidence, that that king did
never take himself to be beholden to him for that or
any other service ; as in truth he never was.

The twelfth article was, " That he did unduly The twelfth

. , article.

" cause his majesty s letters patents under the
" great seal of England to one Dr. Crowther
" to be altered, and the enrolment thereof to
" be unduly razed. "

To which he said, that when he heard of this His answer,
charge, he could not comprehend what the meaning
thereof was, being most assured that he had never
*' caused any alteration to be made in any of his
" majesty's letters patents under the great seal, or
*' the enrolment thereof to be razed. " But upon
inquiry he was informed, that Dr. Crowther, who
was chaplain to his royal highness the duke of York,
and had attended upon his person during the whole
time that his highness was beyond the seas, upon
his majesty's return into England, had obtained from
the king his royal presentation to the parsonage of
Treddington in the county of Worcester ; which
presentation, according to course, passed under the
great seal of England. That when he brought his
action against the intruder, who refused to give
him possession, and the record was carried down to
the assizes in the county ; when the doctor's coun-

county] country



428 CONTINUATION OF THE LIFE OF

1 668. cil were P to open his title, and thereupon to produce
~ the king's presentation, they found, upon perusal
thereof, that either by misinformation or negligence
of the clerk, instead of the county of Worcester,
where the rectory was, the county of Warwick was
inserted : upon which mistake the doctor was ne-
cessitated to be nonsuited. And thereupon he forth-
with made a journey to London to advise with his
council, and the most experienced clerks, how to re-
cover the misfortune that had befallen him, and that
his majesty's right might not be destroyed by such
an oversight in the clerk. And it seems he was by
them advised, as the usual way in cases of that na-
ture, to petition the king, " that in his majesty's
" presence the presentation might be mended, and
*' Worcester inserted instead of Warwick, and that
" thereupon the great seal might be again affixed to
" it ;" all which was done accordingly, as in such
cases is usual.

The thir- The thirteenth article was, " That he had in an
tide. " arbitrary way examined and drawn into

" question divers of his majesty's subjects con-
" cerning their lands, tenements, goods and
" chattels, and properties ; determined thereof
" at the council-table, and stopped proceedings
" at law, and threatened some that pleaded the
" statute of 17 Car. "

Hi. answer. To this he said, he must here again lament his
own misfortunes, that he was exposed to public re-
proach under a general odious charge, without in-
serting any one particular to which he might make
his defence. He had therefore no more to say, but

i 1 were] was



EDWARD EARL OF CLARENDON. 429

that he was very innocent as to any crime laid to 1668.
his charge in that article : and that he had been so ~
far from " examining and drawing into question any
" of his majesty's subjects concerning their lands,
" tenements, goods and chattels, and properties, and
" determining the same at the council-table, and
" stopping proceedings at law ;" that he did not
know or believe, that any one case of that nature
had been ever determined there, at least when he had
been present. That he had always discountenanced
such addresses, and procured all petitions of that
kind to be rejected as often as they have been ten-
dered : and, he said, he took himself obliged to say,
for the vindication of his majesty's honour and jus-
tice, that there had not been so many years passed,
since the erection of the council-table, with so little
disturbance or disquiet to the subjects concerning
their lands, tenements, goods, and properties, as
have i been since his majesty's happy return ; nor
hath the ordinary course of proceedings at law been
less obstructed.

The fourteenth article was, " That he had caused'^'* four -

teenth ar-

" quo warrantos to be issued out against most tide.
" of the corporations in England, to the intent
" that he might receive great sums of money
" from them for renewing their charters ; which
" when they complied withal, he caused the
" said quo warrantos to be discharged, and
" prosecution thereon to cease. "

To this he answered, that he never caused any His answer.
quo warranto to issue out against any one corpora-
tion in England, but by his majesty's express com-

". have] hath



430 CONTINUATION OF THE LIFE OF

i nani I , or by order of the board ; which was always
upon some miscarriage or misbehaviour in the cor-
poration : and that lie did not remember that he had
ever moved the king against any particular corj>ora-
tion, but that of Woodstock ; and which his duty to
his majesty had obliged him to do, being intrusted
by his majesty with the command of his house and
park there, and being his majesty's steward of his
majesty's honour and manor of Woodstock, upon
which that borough had always depended.

He said, his majesty having conferred that charge
upon him, he was no sooner possessed of it by the
death of the late earl of Lindsey, who enjoyed that
place before, than he received a petition from several
inhabitants and burgesses of the borough of Wood-
stock, who complained, " that the mayor and jus-
" tices had lately procured their charter to be re-
" newed, without the privity or consent of the bo-
" rough ; and that under pretence of renewing it,
" they had procured many new clauses to be in-
" serted, and thereby reduced much of the govern-
" ment, which before depended on the whole cor-
" poration, into their own hands ; and had thereby
" likewise procured a piece of ground, the benefit
" whereof did formerly belong to all the burgesses,
" and was usually applied to the relief of such of
" them who were decayed in their estates, to be
" now granted to the mayor and a select number of
" the justices, and the profits thereof to be at their
" disposal, to the great prejudice of the borough and
" the inhabitants thereof. " He referred this peti-
tion to Mr. Justice Morton, who lived within four
or five miles thereof, and desired him to examine
the truth of those allegations, and to certify him



EDWARD EARL OF CLARENDON. 431

whether the complaints were just and reasonable. 1668.
Whereupon he took the pains to go to the town,"
and to confer with the mayor and justices, and heard
the allegations of the petitioners ; and upon the
whole matter certified, " that he found several im-
" portant alterations in the new charter from what
" had been in the old, and some new concessions. "

And at the same time sir William Fleetwood, who
was ranger of the parks, certified him, " that since
" the renewing their charter, the mayor and justices
" were not so good neighbours to his majesty's game
" as they had formerly been, and had withdrawn
" many of those services which they had used to
" perform : and that when any trespasses were com-
" mitted by those of the borough upon his majesty's
" woods or game, which happened very frequently,
" and complaint was thereof made 'to the mayor
" and justices, who had the sole jurisdiction within
" the borough ; there was so slight and perfunctory
" examination thereof, that the prosecutors were
" wearied out, and no justice could be obtained. "

That it was his duty to inform the king of those
proceedings, who was much offended thereat, and
thereupon gave his direction to his attorney general
to bring a quo warranto, and to repeal the charter
which had been so unduly procured, and in which
his majesty had been so grossly deceived and abused :
and he did believe that there was the less vigour
used in the prosecution of that quo warranto be-
cause the mayor and justices for some time had pre-
tended that they would surrender the said charter,
and receive a new one in such a manner as his ma-
jesty thought fit, though they afterwards changed



432 CONTINUATION OF THE LIFE OF
1668. their mind. And this was the only charter, he said,



which he gave direction for the prosecution of.

Nor did he ever give order, upon the receipt of
any money, to discharge any quo warranto, or cause
the prosecution thereupon to cease : nor did he ever
receive the least sum of money for the granting or
renewing any charter, other than the usual fees
received for the same by the clerk of the hanaper,
and accounted to the seal ; which fee, as he did re-
member, did amount to thirteen shillings and four-
pence, or thereabouts.
The fif- The fifteenth article was, " That he procured the

teenth ar-

ticle. " bills of settlement for Ireland, and received

" great sums of money for the same, in a most
" corrupt and unlawful manner. "

His answer. To this article there needs no other answer than
what is contained in two r several places of this dis-
course, in which so full a relation is made of the
whole settlement of Ireland, with all the circum-
stances that accompanied it, that it would be to no
purpose to repeat it in this place. And therein it
appears what money the chancellor received from
Ireland, and how he came to receive 8 any, and by
what injustice he came to receive no more ; all which
was not only well known to the king himself, but to
very many of those, who promoted the accusation
directly contrary to what they knew to be true.
The six. The sixteenth article was, " That he had deluded
" and betrayed his majesty and the nation in
" all foreign treaties and negotiations relating
" to the late war,"

r Vol. i. p.