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A40382 The answer of Philip Francis, merchant, late major of the borrough of Plymouth, in the county of Devon to the false and scandalous aspersion and accusation of Charles Vaughan, Gentleman. Francis, Philip, 17th cent. 1644 (1644) Wing F2058; ESTC R35683 13,472 15

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Member of their owne House Sir Alexander Carew by whose persidious endeavours to betray his trust the Kingdome in generall and your towne in speciall was in apparent danger to have suffered much in ury the God that hateth treason and seeth in secret was pleased to use you as his instrument to secure that place for which as this house doth give due praises to him and authorizeth your towne to set a part a publike day in which to solemnize the same so I am commanded by them to give and by you to all that assisted you herein their very hearty thankes with which I subscribe Your very loving friend William Lenthall Speaker Westminster this fourth of September 1643. Ordered that a letter be written to the Major of Plimouth to thank him for his great paines and industry in securing of the Isle of Plimouth mouth and that it be recommended unto the Major to take especial care of the security of that place and that it be recommended unto the Major that a particuler day may be set for a publike thanksgiving in the towne of Plymouth and that Master Major do reward such as he had promised reward unto and that the house will see him re-imbursed and Sir Iohn Young and Master Waddon are appointed to bring in an order for the indemnity of the Major and the rest imployed by him all which appeared plainely upon the evidence against the said Sir Alexander at his try all and which Sir Edmond Fowell Knight Richard Erisie the said Master Thomas Arandell and Master Waddon Members of the House of Commons now in the towne and privie to the aforesaid passages can testifie and therefore blush if you can Master Vaughan to charge the said Francis so innocent herein with so false and scandalous an aspersion of siding with the said Sir Alexander and comming at him but the said Charles in this as in all other his f●its of activity hath a shift to excuse himself viz. That Col. Gould and others sent up Articles against the said Francis by one Trottle whereof this was one T is very true that the said Colonell Gould and Master Thomas Gewen to colour their unjust imprisonment of the said Francis for refusing to deliver to them certaine pearle of the Parliaments committed to his custody as hereafter is exprest sent up the said Articles which the said Trottle exhibited and the said Charles under hand presented but mauger all their malice after examination report made thereof to the Honourable house of Commons by an order of the said House of the thirty of May 1644. The said Philip Francis was acquitted And whereas the said Charles alleadgeth that after Sir William Wallers blow at the vizes the said Philip fell off from the right side to the said Sir Alexander and the knot of the Vtriusques T is well known to be as false as the author of it for the manifestation whereof to omit how the deservingly the said Philip demeand himself in severall seiges against the said towne of Plymouth during his Majoralty in December last the said Philip being out of his Majoralty and eommanding then one of the townes of Plymouthes companies consisting of 150. men or thereabouts in two severall assaults drew his companie out of the said towne and with the assistance of some others encountred the Enemy and demeaned himselfe so resolutely that he forced them in one of the said encounters to fly shamefully and to leave a great many of their horse men and Ammunition behind them and in the other to retreat disorderly and had the● lost their Ordnance had not they been drawen off that did the service which in a pamphlet is attributed to those that were never guilty of it The further answer of the said Philip to the said VAUGHANS pretences for the detaining the Parliaments Pearl September 30. 1644. THe said Vaughan being by Warrant from the Honourable the House of Commons committed and continuing so still for desobeying an order of the said House and not delivering the said Philip for the use of the Parliament a quantity of Pearl of the Lord M●lbroroughes in or about June 1643. Seized on by the Deputy Lieutenants and Committee in Plimouth which being of value and contained in Cabinet was sealed up with seven of the seales of the said Deputy Lieutenants and Commissioners and by them delivered the said Francis then Major to be sent to the Parliament which the said Philip making known to the Parliament he was directed to send it for London and being bound there resolved to carry it himselfe In February 1643. Colonell Gould since deceased Iohn Champnes Esquire and Thomas Gewen the said Vaughans brother in Law and Deputy treasurer required the said Philip to deliver them the said pearl which he refusing to doe without order they committed him to prison detained him there two monethes or there abouts searched his house examined his servants on oath and having at last got the said pearl broke open the said Cabinet and then convayed it to London by one Peter Keckwich in close and secret manner directed to the said Voughan where he and the said Keckwich concealed it from the Parliament ten weekes or there abouts and in that time got it to be prized at a very low value and never intended to acquaint the Parliament therewith as the said Vaughan in his reply acknowledgeth had not the said Philip on his comming to London made it known and Mr. Vaughan pretends that Mr. Keckwitch disburst 200 l. on the wheras said pearl to the Committee for sequestrations in Plymouth and that he gave Mr. Keckwich at his return for Plymouth in May 1644. areceipt under his hand for the same that is apparantly untrue for Keckwich came to London in February 1643. and presently on his coming to London delivered the said pearl to the said Vaghan and was by him advised to conceale it as the said Keckwich on his examination before the Lords and Commons Committee for plymouth acknowledged and never made any pretence or claime there unto himself and t is probable that if he had deposited any money thereon and were so wary as to have a receipt for the said pearl that he would have taken his receipt at the time of the delivery of the said pearl and not in May after at his going away but the truth is the pearl was sent up to the said Vaughan and long after the delivery thereof and before Keckwiches going for Plymouth viz. in Aperil 1644. the said Vaughan and Keckwich being both questioned for the same by the Committee of Lords and Commons for Plimouth and the said Vaughan fearing the said pearl would be taken from him and there being an order to view the same first shifted himselfe out of the way and then shifted Keckwich away then sets Keckwicks claim on foot the said receipt and Colonell Goulds Letter to Master Nicholas Gould vouched by him in his reply makes his pretence apparently false in severall particulers as
Errata IN the first Leafe Ben●adu is printed for Benjamin in the second Leafe comming for conniving and how the deserningly for how deservingly in the third Mr. Vaughan pretends that Mr. Keekwich disburst 200. l. on the whereas said pearl for whereas Mr. Vaughan pretends that Mr. Keckwich disburst 200. l. on the said pearl in the fourth Leafe by concealment for by his concealment and afore-hand for aforesaid in the fifth Leafe close strict dealing for close dealing not a peny for not him a peny and therewhich for therewith in the sixe Leafe Sentiall for Senthill joyned Steward for joynt Steward Cranes for Craves affecting for perfecting and 400. l. security for tooke security in the seventh Leafe souldiers half for souldiers halfe infinitem for infinita use of 620. l. for use 620. l. easier accompt for easier his accompt quality for quantity you within for then within and he will appeare for it will appeare The answer of Philip Francis Merchant late Major of the borrough of Plymouth in the County of Devon to the false and scandalous aspersion and accusation of Charles Vaughan Gentleman IN July 1643. The said Philip Francis being then Major of Plimouth and having some jealousie of Sir Alexander Carewes fidelity then Governour of the Island near Plymouth the said Philip presently by his Letters advertized the Parliament thereof and desired that the said Sir Alexander might be removed from his Command to take from him all cause of jelaousie that Thomas Arondell Esquire a Member of the house of Commons then Governor of the Fort of Plimouth wherein he demeand himselfe with great honestie and integrity might likewise be called up with him to attend the service of the house And the said Philip not satisfied therewith by the meanes and assistance of Captaine Richard Evons of Plimouth merchant who had good interrest and acquaintance with Captaine Iohn Hancok then a Sergeant Benianda Fuge and others the principall men in the Island next the said Sir Alexander and men very well affected to the Parliament and well affected of the common souldiers there sent privately for them made known to them his said jealousie and desired them to persevere in their integrity and constancy to the cause and to labour what in them lay to keep the common souldiers constant to the Parliament and to be very vigilant and observant of the said Sir Alexander and of his actions and to be carefull to secure the court of guard and Armes if cause were and on any discovery to give him notice thereof and promised to reward them and the souldiers liberally for the same August the first 1643. Vpon receipt of the said Philips letter it was thus ordered by the Honourable the House of Commons assembled in Parliament viz. That Sir Alexander Carew and Master Thomas Arundell doe forth with attend the service of the House and that Master Roll doe signifie so much unto them but before the receipt of the said order the jealousies of the said Sir Alexander Carew encreased and the said Philip was Prest by some of the said Town of Plymouth unacquanted with the said Philips proceedings therein to secure the person of the said Alexander which the said Philip making known to the Counsell of Warre then there and there then appearing only matter of jealousie and no apparant cause of proofe against him as is otherwayes but most falsly alleadged by Master Vaughan and he being a Member of the House of Commons and the Parliament being advertized thereof as aforesaid the said Counsell advised the said Philip to forbeare it untill he should receive directions from the Parliament in answer of his Letters which the said Philip made knowen likewise to the said Hancock who assured the said Philip of the integrity of the souldiers in the Island and feared that the apprehension of the said Sir Alexander then without apparrent and good cause might give distaste to them which the Enemy lying then very neer viz. at mount Edgcombe might take advantage of and therefore likewise wisht the said Philip to forbear it the rather for that he alleaged the said Sir Alexander had ordered some at the Island that if he were detained one the shoore at Plymouth to make some signe towards the Cornish shore for assistance thence August 20. 1643. The said order and letter from Master Rolle being delivered the said Sir Alexander he at first made show as if he intended to obey the same and promised to come on shore the next day and perfect his accompts for his pay but intended nothing lesse as was afterwards apparent which the said Philip perceiving and hearing that he had been at Mount Edgcombe sent one Timothy Alsop merchant unto him to acquaint him that his pay due and accompts were ready desiring him to come on shore resolving to secure him if he came which he promised to doe but failed of whereupon Francis Goodolphin a Member of the House of Commons and Iohn Sentabin Esquire were desired by the said Philip to repaire to the said Sir Alexander to the Island and to perswade him to conforme to the said order of Parliament and to repaire to London who not prevailing with him August 26. 1643. Master Wills and Master Randall two Ministers that used to preach there were sent to him to perswade with him and to discover how the souldiers of the said Island stood affected who on their return made known that they found the souldiers very faithfull and that the said Hancock with the rest of the said souldiers had seized on the said Sir Alexander and secured the Armes in the Court of Guard and that they desired the said Philip speedily to come and take possession of the said Island whereupon the said Philip having thirty boates or thereabouts in readinesse well mand and Armed which he had promised the said Hancock to have still in readinesse to assist him if need were himselfe in person went which the said boates to the Island where the said souldiers delivered him the said Sir Alexander whom he brought thence and left the said Captaine Richard Evons and others in his roome displaced such souldiers as there was jealousieof and satisfied the rest the pay that was due to them and promised them a gratuity answerable to their desert August the 29. 1643. The said Philip Francis advised the Parliament of the premises in answer whereof he received the letter and order following Sir YOur letters of the 29. of August directed to your Burgesses here in Parliament had this day a publike reading in the House and upon a solemn and serious consideration of the particular contents thereof the House Voted the severall orders here inclosed sent you they have alwayes acknowledged and taken notice of your great industry and circumspection by which your towne hath been preserved from the greedy and violent attempts of the open Enemies to His Majestie and the Kingdome and now more partic●lerly from the secret and mischievous treachery of a late
that Nicholas Roe Master Gewens Sonne in Law is discovered to have held intelligence by Letters with Sir Richard Grenvils Secretary The other exception viz. the 14 is that Mr. Francis Cranes allowance for 11. severall other mens accompts and for the use of the money 2023. l. 5. s. 11. d. whereas the severall persons ought to give in their own accompts themselves upon their oathes to which and divers other things not fit to be allowed he subscribes this Philip Francis errours excepted and sweares unto it so as he may sweare truly and yet his accompts be false The said Francis in his answer to the eight exception having set forth that one the exhibiting of his accompts he made known to the accomptants of the Kingdome that his accompts had dependancy on other mens accompts and that he had paid money to severall persons and promised payment to others which they had disbursed for the Parliaments service and which they were to be accomptable for and that there upon the commission was ordered by the said accomptants to be sent to Plimouth directed to a subcommittee to audit the said accompts before the affecting of the said Philips which the said Philip was informed by the said accomptants was sent away accordingly and which the said Mr. Vaughan knew in his reply since acknowledgeth he answers the said fourteenth exception thus The said Philip chargeth 200. l. only for interest which he is to pay and much more And a subcommittee is appointed to take the accompts of the said accomptants as is aforesaid and the truth is there is but 200. l. charged for interest and the rest due on the other 14. mens accompts make up the residue of the said 2023. l. 5 s. 11. d. and the said Philip wonders that so noted a vsurer as the said Vaughan who hath grounded the faces and fortunes of so many poo●e so●les that have falne into his hands by forfeitures should take this exceptio● unlesse he hath left the memory of all his hard dealing in that kind with his accompts in the Countrey The subscription errors excepted the said Francis answers this that he concludes his accompts as all Merchants doe and if Mr. Vaughan knew as well to accompt for the mony he receives as he doth to receive it he would not take this exception and whensoever he will give in his accompt for 80000. l or thereabouts which hee hath received of the States mony and given no accompt of the same on pretence that hee hath look his accompts it is wished that there bee no greater errors found therein the sai●Philip is informed that divers of the accompt delivered the said accomptants for the Kingdome especially by Merchants are subscribed in the like kind and no exception taken to any or by any but by Mr. Vaughan who sh●wes his teeth and what hee would doe had he power but it is objected that such a subscription in Chancery or any other Court were not good the said Francis acknowledgeth himselfe to be a Merchant and ignorant in the Law and meant plainly and honestly when he delivered in his accompts and knowes no error therein and took the oath without any equivocation or evasion and c●nceives that the clause errors excepted it is used by Merchants in their accompts to avoid wrong and injury which might otherwise befall either p●rty and not introduce deceipt or knavery as Mr. Vaughan would have it and that it is to be construed of errors of ignorance and misprision and not of witting and willing ones And whereas hee objects that the said Francis had Armes of his providing for the Parliament which he hath not accompted for the said Francis never received any Armes from him but the Lord Admirall sent some to Plymmouth which were put in the Magazine there some put whereof some of the Town souldiers that wan●ed Armes had which the Keepers of the Magazine are to be accomptable for the residue his deputy Mr. Gewen disposed of and 400. l. sec●ritie for and is to be accomptable for but the 80000. l. unaccompted for is that which sticks in Mr. Vaughans stomack and hath produced his reply with an accompt but it is only of his disbursements for the Parliament of which he hath a passing good memory but of his Receipts a most treacherous one wherein not to take notice of what is detained from him it being the common calamity of the Parliaments friends in these times nor what he stands ingaged for the Parliament the said Francis were he vainglorious being able to make it appeare that his ingagements are far greater for the Parliament then his now which he hath adventured on the Irish Land he being so well secured for it save only that he set it downe as so materiall and observeable that he paid all the money which it seemes is rare with him for t is said that in Exon he paid the souldiers half and took receipts for the whole that was due to him but his modestie in expresting his third disbursement is note worthy for whereas he might as well have charged all the principall money due to him which grown use upon use in infinitem unlesse he have left his old trade as what he doth yet he chargeth it thus viz. lent on the propositions and freely to severall e●inent persons to lend to the same use of 620. l. and with such like accompts the Parliament may be made debted to Master Vaughan on accompt as he alleadgeth not otherwise Master Vaughans delatorie pleas to excuse himself from accompting are two first he denies that he hath received half the sum of 80000l for he received none of the assessements in Dartmouth Plimouth and Barnesstaple and Mr. Leach the Commisary received likewise some assessements The lesse money Master Vaughan hath received the easier accompt i● made but he in his reply to entitle himselfe to the pearl stiles hims●lfe treasurer for sequestrations in the County of Devon and Mr. Gewen his Deputy and by the Ordinance of the 17. of J●nuary 1642. the said Vaughan is appointed treasurer for assessements for Devon and Mr. Leach and they that received the assessements and sequestrations in Dartmouth and Barnestaple were likewise his Deputies and the p●incipall officer is answerable for his Deputy and for such money as he sh●ll receive which Mr. Gewen well understood it seems when he refused to accompt for that he was Mr. Vaughans deputy and ought to accompt only to him so that that shift will not serve Master Vaughans turne H●s other is that he left his books of accompts behind him which were taken by the Enemy after Excester was yeelded and that his mans horse cloak-bag his mony was taken away within a mile of ●xon so that had he brought the said accompts they had bin taken also Mr. Vaughan his man might have come out of Exces●●r in company with the Earl of Stamford then they had passed very safely secure as the rest of the said