A LETTER From a Gentleman in Yorkshire, &c.

BOth I and many others of this County, who have been witnesses of the Duke of Leeds his Emi­nent Services for this King and Government, were so amazed with the surprizing News of his being Impeached in Parliament, that we expected to have heard of some very black Crime laid to his Charge, and that the same had been un­questionably prov'd against him.

[Page 2] It was not otherwise possible for us here to believe, that this Parliament, to whose Meeting and Well-being, that Lord did contribute so much, would have suffered him to be Accused; since all Men must acknowledge, that he was the chief, if not the sole Instrument, in procuring that happy Match betwixt his Majesty and the late Queen, to which alone the Deliverance of these Nations is to be attributed, and by which only his Majesty was Intitled to that Claim, which enabled him to do us the Good he hath done, and to receive the Reward he justly deserved from these Kingdoms.

Neither can any body be ignorant of the Duke's Personal Services at the time of the Revolution; wherein, although others may not know the number of his follow­ers, (which were much superior to any other Body of English in any one place) nor the care and prudence of his Conduct, as we do who saw it upon the place; yet [Page 3] all who are Well-wishers to this Govermen­ment, must be sensible of the good Effects which that Northern Insurrection did pro­duce, and that it was a principal Motive to the desertion of the late King's Army.

It is also not to be denied, That as his Grace did expose both his Person and For­tune on that occasion; so, it being for so great a Good to his Country, and the on­ly Means then visible of preserving the Protestant Religion in this Nation, he did it without reserve: For he ingaged his only Son as deeply as himself; insomuch, that his Posterity must have been liable to all Forfeitures; as well as he; which was the Case of no other Nobleman in the King­dom; and he hath ever since continu'd to expose him on the most hazardous Under­takings; in all which, the Marquess hath as constantly signalized himself.

As the Duke's forwardness and zeal for the Service of his Country hath appeared in all his Actions, so his Experience hath been [Page 4] long, and his Abilities known; and no Ma­lice can be strong enough to bring his fidelity to this Government into question, were there no other reason for it, but be­cause that would be to suppose him the weakest of Men (which no body will be­lieve) to quit the interest of a great and powerful King, whom he hath obliged; to espouse the interest of a King, he hath not only disobliged, but who can feed no body with more than bare Promises; which he is neither likely ever to be in a condition to perform; or, if he were, he hath shew'd the World, by too many in­stances, that he can as easily break Pro­mises as make them.

For these Reasons, we are impatient to learn what mysterious Designs lie at the bottom of these Proceedings against his Grace.

That which appears to us, by the Prin­ted Votes of Parliament, is only a gene­ral Accusation for High Crimes and Mis­demeanors, [Page 5] alledging the said Crimes to be for taking corruptly and illegally, 5500 Guinea's from the East-India Company, for procuring a Confirmation of their Char­ter; of which the illegality is not under­stood here, if it had been done.

But by several Books and Pamphlets which have been dispersed in the Country, we find many things aggravated in that mat­ter, by the pretended Speeches of Members in both Houses, which we thought had not been permitted to have been Printed, without the Lycense of the Speakers of each House: But we observe, that the Au­thors of those Phamphlets do not only conceal their Names, but their Prints are found so full of virulent and personal In­vectives against the Duke, that very lit­tle credit is given to them; and some of them are Prefaced with Texts of Scripture, so maliciously and wickedly applied, that they appear to be things written with de­sign only to spread an ill Character (if they could) of the Duke amongst the com­mon [Page 6] People, whom they hope to deceive by their bold and impudent assertions: But instead of making that impression, it is generally believed they take that course, because they think they cannot hurt him by any truth or fair way of acting a­gainst him.

That this is the aim of those Libellers, they have made sufficiently appear, by the first of those Phamphlets which I saw, viz. one Intituled, A Collection of some Tran­sactions in Parliament, in relation to the Impeachment of Thomas Earl of Danby, in 1678, &c. But the Publisher of that hath been so deceived, in the operation of that old Memorandum, amongst us Country Gentlemen, that it hath had a quite con­trary Effect to his Purpose; for it hath both shew'd a Malice without disguise, and puts every body in remembrance how unjustly the Duke was then accused, and how constant an Assertor he hath ap­peared to have been ever since, both of the Protestant Religion, and of the Eng­lish [Page 7] interest, against that of France: Nor was the Author's Wisdom suited to his Malice, when he thought fit (as he hath done in that Pamphlet) to quote some parts of the Duke's Letters to Mr. Montague, and to leave out other parts of the same Let­ters, and to say nothing of what appeared in some of Mr. Montague's Letters, in the Duke's Vindication in that same Business; which hath since manifested it self, to have been the contrivance of French Councils, in concert with some English-men, who were employ'd to wound the Duke, who they then found to be their chief Enemy in the English Ministry.

The other two Pamphlets which I have seen, are, one of them Intituled, A Collecti­on of the Debates, &c. Ʋpon the Inquiry into the late Briberies, &c. And the other is called, A Supplement to the said Collecti­on, &c. Both which, although they pre­tend to give an Account of some other Mens Actions, yet appear to be so princi­pally levelled against the Duke, that the [Page 8] rest seem to be introduced rather to co­ver the Author's Venome against his Grace; in which, to say truth, they have ventured to be as bold as they are ma­licious, unless they find him more merci­ful hereafter than they deserve; and a­mongst the Inquiries in Parliament, it may reasonably be expected to be one, to know who they are that presume to take the Liberty of Printing Lords and Commons Proceedings and Speeches in Parliament, without their Lycense; which (if true) must be given out by some of their own Members; but are most likely to be false, because they are writ by such Clandestine Scriblers as are supposed to write for bread.

Amongst other reflections, the Pam­phlets endeavour to raise a great Argu­ment of guilt against the Duke, upon the absconding of his Valet de Chambre, Mon­sieur Robart, (who I remember waited up­on the Lord Willughby, when we were at York) and they would insinuate, as if he [Page 9] could discover something against his Grace: But this does seem stranger than the rest, to believe that if he could say any thing against the Duke, his Grace hath not better means and opportunity, if he had pleased, to secure his own Ser­vant's Testimony to be for his Master's Interest, than any body else could have to make him swear against his Master for nothing; unless they have a better opi­nion of a Stranger's Conscience, (who is said to be a Swiss) than of an English­man's; so that this pretence is lookt up­on as frivolous; and some suspect whe­ther my Lords Enemies may not rather have prevailed with him to withdraw, because his absence serves them both to create a suspicion and delay; whereas it is next to an impossibility that his ap­pearance can be prejudicial to the Duke; for if he can say nothing against his Grace, it would be to his advantage; and supposing that he could, I will not ad­mit, for my Country-mens sakes, that a French or Swiss Servant has a more nice [Page 10] and squeamish Conscience for Truth, than an English one; and I dare appeal to such Servants themselves, how many of them would be Proof against a good Reward from their Master, to stretch a little for him, (especially when they should have nothing on the other side for betraying him) it being in truth, no better than treachery in a Servant to swear against his Master, in a case where there is nei­ther Treason nor Felony in it; nor indeed so much as to be call'd a Crime, till the Parliament thought fit to make it one by a Law ex post facto; which may prove a very dangerous President. This is ano­ther Instance of our wonder, how that which hath been so constantly Practised in all times past, by most of the Compa­nies trading beyond the Seas, viz. The giving Summs of Money at Court for the procuring and inlarging their Char­ters, should without any notice before­hand of its being a Fault, be now called an High Crime and Misdemeanor by Act of Parliament, and under such heavy Pe­nalties [Page 11] as some do now suffer, without any benefit of the Habeas Corpus, which ought to be so Sacred to us; when in all probability the Punishment would not have been made greater for the trangression of such a Law, if it had been a known Law before, and had been wilfully bro­ken.

It is also greatly observable, That those Libellers who have shew'd they would o­mit nothing which they could hope would any way blemish the Duke, have not said one Syllable of any Proof made of that matter, with which they would charge him, but tells us of Contracts and Dis­courses betwixt one Sir Bazil Firebrass, and one Mr. Charles Bates, about those Guinea's which are before mentioned, and brings it to the Duke, only by Sir Bazil''s pretending that the said Mr. Bates should say sometimes to him, that he could not treat with Sir Bazil without speaking with his Friend at St James's; and the said Fire­brass saith that Bates did once name the [Page 12] Duke, but does not pretend that himself did ever speak with the Duke about any such Matter; only says, that he was sometimes brought to the Duke by the said Bates, and that his Grace was kinder to them after the Money was given to Mr. Bates.

I confess this is such a way of charging Men with Crimes, as I hope we of lesser Rank shall never be made liable to; and Sir Bazil's part in it is, what does agree with the Character he hath in many other things, if the Stories be true which are related of him in all places where his Name is mentioned; for although in this Matter about the Duke, all he is able to do a­mounts but to raise a Suspicion by Hear­say, (if all his Depositions were true;) yet he is willing rather to expose his own Re­putation (which perhaps he thought was to venture nothing) than not endeavour to blemish the Duke's as much as he could; and since no apparent advantage could ac­crew to him for doing so, it must certainly have been either a considerable Reward, [Page 13] or some other Design beyond his own, which must have tempted him to make any mention at all of Moneys, which (as ap­pears by the Pamphlets) related not to any of the Summs with which the said Sir Ba­zil is charged, and much less to have brought the Duke's Name to be con­cern'd in it.

In short, both the Matter and Manner of making such Reflections against the Duke, as they have done by these Pam­phlets, are so far from harming the Duke, or wounding his Reputation in these Parts, that the Authors of them are lookt upon as Men who are Malicious, and Enemies to the Government, as much as to the Duke; for unless he had been guilty of the breach of some known Law, he has deserved too much from this Government, to have been traduced under it as a Cri­minal in Print; when, if Gratitude can be due from a Nation to a Subject, I am sure he may expect it with an unquestionable Claim to it.

[Page 14] Upon the whole (as I have said) we are very desirous to know what the meaning of all this can be, and from what Spring it arises; since it is certain, that the King can no more approve it, than we can under­stand why such discouragements should be put upon such an Useful and Experienc'd Minister, at a Time when the Kingdom hath more than ordinary need of such to preserve it.

I desire therefore, that you will favour me with what Information you can in these Matters, which will be a great Satisfaction to many besides my self, and will infinitely oblige,

SIR, Your most Humble Servant.

AN Answer, &c.

I Have Received yours, and have seen Letters from divers other Gentlemen in the Country, who do wonder no less than you, at the Prosecution which hath been against the Duke of Leeds: For his Services to this King and Nation have been so publick, that it was rather to be expected, that he would have been supported by this Government, al­though he had broken some Law, (if the Case had not been very Criminal) than that we should have seen an Accusation brought [Page 18] against him, for a Matter which (as you have observed) was to be made a Crime after it was committed (if the Fact had been true,) and without any Proof appear­ing against him, and upon such Circum­stances, as, when considered, must add to the admiration.

First, In regard of his Accuser Sir Bazil Firebrass his Credit, which needs very good concurring Testimony, to support it a­gainst the meanest Man in the Kingdoms.

Secondly, That there is no other Wit­ness against the Duke but himself; and what he says, is only by Discourses with another Man, viz. Mr. Bates, who depo­seth positively, that the Duke refused the Money when it was offer'd him.

Thirdly, Sir Bazil confesses, that Mr. Bates told him, the Money was all for himself.

Fourthly, Sir Bazil deposeth, that he could not tell who this Money was designed [Page 19] for, or what Mr. Bates did with it; for he says, Mr. Bates would not deal on such Terms as the telling of Names.

Fifthly, Sir Bazil deposeth, that he knew not of any Money or Stock given to any Person whatever, for procuring a Charter to the East-India Company.

And Lastly, To put the Truth of all his Depositions out of question, he hath Sworn, that Mr. Bates brought him the Condition of a Contract about this Money, which was drawn with these words, In case the Lord President did not assist the Company, &c. And that he, Sir Bazil, took care to strike the Lord President's Name out of the said Contract: Now let this be reconciled, ei­ther to that Lord's Prudence, or to Sir Ba­zil's Honesty, (who had Sworn that Mr. Bates would not tell Names) or to his Care (as he pretends) of the Lord Presi­dent; if any body be able to do the Knight that Service: But he needs no more [Page 20] than his own Depositions, as aforesaid, to contradict himself.

The Pamphlet indeed is so just in that, as to shew that his swearing to that Article, of not knowing of any Money given (as aforesaid) was on the 24th of April, and the mentioning of the Guinea's to Mr. Bates was not till the 25th, and the chief Reflecti­ons on the Duke were not made till the 26th, (whereof I shall take notice by and by) but to inform you from whence this Prosecution arises Originally against the Duke, is too nice a point for me to med­dle with, if I could.

Thus much only is certain, That it was a matter concerted before the sitting of the Parliament, (for I have reason to believe the Duke spoke of it himself before that time) that it was pursued with great warmth by some particular Persons, and there was no prosecution of some who were named with greater grounds of suspicion about the same matter. That much time was spent [Page 21] in these Inquiries, to the very great delay of the King's Supplies; and at last it was brought to no Tryal of the Duke, for that reason only which you have observed, of his Valet de Chambre, Robart, being out of the way.

You have remarked so much concerning that Servant's absenting himself, that I have only two particulars more to inform you of that matter, viz. That when the Ad­dress was made to the King by the House of Lords, for a Proclamation to apprehend the said Robart; it was moved in that House, and agreed to by the House, that there should be a Clause in the said Proclamation to incourage the said Robart to come in, without danger of his being Imprisoned; which was done upon the Duke's informing the House, that Robart had writ a Letter to his Chaplain, wherein he had declared that he was fled only for fear of being put into Prison, having heard before he went away of so many being sent to the Tower, who were Witnesses in that Affair, and that [Page 22] Messengers had been sent to take him; and being a stranger, he could not hope to find many Friends in this Country to protect him. And yet this Encouragement for him to return was never put into the said Pro­clamation.

The other particular is, That in June last an Information was carried to the Duke (by one who I suppose thought the Duke was unwilling to have his Servant taken) that a man had been that day with a Friend of his, to ask what Reward any man would get who should apprehend Monsieur Robart, for that he could take him any night about Eight a Clock; but that he would not do it for nothing.

To which the Informer told the Duke, his Friend had answered, that he had best go and acquaint a Secretary of State with it; but whether the man did go to a Secre­tary or not, the Informer knew not; but said, that some care must be taken, or [Page 23] Robart would be certainly apprehended in a night or two.

To this the Duke reply'd, (as I was told by the Informer himself) I thank you for the Information, and desire you will tell the Man, that if the Secretary will give him nothing, I will give him an Hundred Pounds, if he can take him and bring him to a Secreta­ry of State, or to me at St.James 's; and I have good Reason to believe, that the Duke would be much gladder to have him here, than his Enemies would be to see him.

Another thing which was construed to proceed from the private Animosities of particular Persons against the Duke, and which carries a strong presumption of a contrivance against him by those Persons, was, That on the 25th of April, when the said Firebrass was in the Custody of Mes­sengers of the House of Lords, and ought not to have been spoke to, but before the Committee of both Houses, or with their permission; he was got out of the Custo­dy [Page 24] of those Messengers, and was entertain­ed in a private Lodging, where he was for some hours, without any Messenger to at­tend him, or knowing where to find him; and it was after that day, viz. the 26th of April, that he made those Depositions which reflect most upon the Duke; and (which is yet more remarkable) they who had en­tertained him, as aforesaid, on the 25th, informed the Committee on the 26th, that Firebrass had desired to speak with them; but that they would not speak with him in private, without the leave of the Com­mittee.

Upon this it is, that I formerly observed to you, that 'till the 25th (which was the day of their speaking with Firebrass at a private Lodging) he knew nothing (as the Pam­phlet relates) of any Money given to any body; but that day he not only knew of the 5500 Guinea's given to Mr. Bates, but he made it his own Request to be called in to the Committee, and for that purpose only, although it related no more to his [Page 25] Account than to yours; and he said not one word at that time relating to his own Account, having hopes (as is reported) that his own Account (which was for 40000 l.) should have been buried in the 5500 Guinea's aforesaid; and then on the 26th, (which was the day that leave was given to speak privately with Firebrass) he mentioned Bargains and Contracts, and a Copy of that Receipt given him by Mr. Bates, out of which he pretended to have taken that great care (as aforesaid) to strike the Lord President's Name.

As to the pretended Speeches in Parlia­ment, some of them have certainly been mis-represented by the Pamphlets; because in one of them, they make a Member of the House of Commons to say, that the Duke, when he spoke in that House, would not enter into the particular Facts charged against him, and yet they have Printed his Speech in that House, (although with di­vers mistakes) wherein they own his Grace to have said, that he never touched any of [Page 26] that Money; which is so full a denial of the main Fact, that no Member who then heard him, could say afterwards that he would not enter into Particulars, because it had been absurd for him to have en­tred into Particulars, after such a general denial: And they pretend, another Member of that House to have said, (but mentions no Names) that the Law of God is a­gainst him, (meaning the Duke) and broken by him, before any thing be proved against him, or shewing wherein the Law of God is broken, if it had been proved; and he makes the same Member to mention the Oath of a Privy Councellor, as if he had broken that also; of which Oath, all the Members of that House are so well in­formed, that they know it is only an Oath to conceal the King's Council, and to give him faithful Council; which every Man does according to what he thinks to be so; and if the Duke's Council hath not been faithful to this King, there is no body that can pretend to it: Besides, his Grace did in this Case alwaies declare his Opinion [Page 27] publickly, That the taking of such a For­feiture, as that then was against the East-India Company, would have been very unjust; and that the breaking of the East-India Company would be both the loss of that Trade to the Nation, and the giving it away from English-men to strangers; and many Thousands in the Kingdom are now of the same opinion.

I have given you a true Account of the principal Matters of Fact; but the conje­ctures are very various, why an occasion hath been taken to give the Duke this trouble, upon so small grounds as these seem to be, to every body that considers them throughly; but a little time will make those Reasons (whatever they were) appear more plainly: For in Truth the Parliament was in some measure surprized with the sudden bringing of that business before them, which, although concerted by some Men long before, was not brought into Parlia­ment till the last Week of its Session, af­ter it had sate Twenty Four Weeks, and that [Page 28] two thirds of the Members of the House of Commons were gone into the Coun­try, believing all the business of that Ses­sion to have been over: For it was the 24th of April, when the first Examination of Sir Bazil Firebrass began before the Committee, and the Impeachment of the Duke was Voted the 26th, the Articles a­gainst him were carried up to the Lords the 29th, at Six a Clock at Night; and the Duke gave in his Answer the next morn­ing, which was the 30th. The 1st of May was Sunday, the 2d was spent wholly by the Duke's pressing to have been T [...]yed before the Session had been ended, and the 3d the Parliament was Prorogued; inso­much that there was but seven days in the whole, betwixt the first time of examining the matter concerning the Duke, and the end of the Session, and the Proceedings upon him were so quick, that the Duke had no notice of their intent to Impeach him (although he was at that time in the House of Lords,) before they had past the Vote of Impeachment, which was too late [Page 29] to be Revoked when his Grace went down to the House of Commons. And I have since heard divers of that House say, that if they had heard the Duke before their Vote past, they would not have procee­ded so hastily.

I suppose you have heard with what earnestness the Duke on his part prest daily to have been brought to Tryal, insomuch that he ventured the King's dis­pleasure, in hindring the passing the Mo­ney Bill one whole day, and part of a­nother, within the time of the Seven days aforesaid: So that by all this you will easily imagine how little time any body had to digest their thoughts so throughly, as an Affair of that Consequence required.

I am glad to hear from all hands, that this matter about the Duke is so well under­stood in the Country, where they can know little, but what the Gazette or Pam­phlets relate, which take a far greater Li­berty [Page 30] than they used to do, since the Act for Printing expired: But in this place, where things are known better, and more particularly, the Esteem of the Duke is as much as ever amongst all, but such as love Monarchy no better than they do his Grace; and I am certain there is not any Nobleman whose Reputation is grea­ter in this City, than the Duke's; his good Example of Life and sober Conversati­on, (Qualities not frequently found amongst his Enemies) his great Moderation in Reli­gion, and the exactness of his Payments and Dealings with all sorts of Men (which is no less rare to be met with in this Age, and especially amongst many who talk loudest for Property and Liberty) recommending him to their esteem in a very great degree: Besides, that mark of his Honour will never be forgot, how he scorned to be tempted with Money, when a Summ Twenty times greater than what was now pretended to be given him, was offered him from France, and was refu­sed by him; because it was to do what [Page 31] he thought would be prejudicial to his Country; which is such a Proof of his being out of the reach of Money to make him do any dishonourable or illegal Act, as no Man but himself hath had the opportunity to give the World; and it ought to take away the giving credit to any Charge of that kind against him.

It is no new thing, nor at all out of Practice in our days, to see good Men mis-represented, or bad ones cried up with the Character of Worthies; but to see such Libellers go unpunished as have da­red to put in Print the most scandalous and apparent lies against the greatest Men in the Realm (as are to be seen against others as well as this Duke,) is what, I confess, seems strange to be suffered in any well-govern'd State.

It is well known, that heretofore the same sort of Men indeavoured to have blasted this Duke with the Character of [Page 32] a Betrayer of his Country, even about the time when he could not be wrought up­on to do it, by the strongest Temptations which could be offered him: Nay, their Malice then reached so far as to black­en him with a pretence of his being guil­ty of the Murther of Sir Edmondbury God­fry; but as God many times hardens such Mens hearts, and leaves them to frame lies according to their own inventions, so they then spared not King Charles himself, but in their Libels made him to be one of the Accomplices with this Duke in that vil­lanous Murther. So far will Men proceed in their Wickedness, when they find it go unregarded.

To conclude, It may be Remarked, that whilst some Men are accused, who have done the greatest Services to their Country, and to the Interests of the Protestant Religion; others, who have abandoned, and formally abjured the Protestant Religion, to take up the Romish, and who have served the Inte­rests of France and Popery without disguise, [Page 33] and in conjunction with Popes Nuncio's, and Jesuit Privy Councellors, go not only un­punisht, but have been countenanced, as if they were the chief Supporters of our Reli­gion and Laws, and the others the Betrayers of them: Such Paradoxes do we meet with in State Affairs, as well as in School Contro­versies: But as God has hitherto protect­ed this Duke against his Enemies, in so many transcendant Instances of their Malice, so I doubt not but he will continue both to protect his Person, and reward his Merits; which I am sure every man ought to pray for, that wishes well to this Church and Na­tion, as does daily,