Some of Mr. Phillip Francis misdemeanours, and Sir Alexander Caryes treacheries discovered.

The Answer of Charles Vaghan, to the preamble of the Answer of Mr. Phillip Fran­cis of Plimouth, to the exceptions to the account of the said Mr. Francis gi­ven to the Accomptants of the Kingdome.

FIrst the said Charles Vaghan saith (as in his former Answer in writing un­der his hand to the Honourable Committee for Plimouth is expressed;) That about February 1643. the Committee for sequestrations in Plimouth ( having a quantity of Pearle in their custody, which was sequestred of the Lord of Marleboroughs, and having great necessity of mony for the payment of the garrisons in the Fort and Iland) tooke up 200 l. of Mr. Peter Keckwich, and delivered him the Pearle to be car­ried to London, to be sold by himselfe, Mr. Nicholas Gould and me, who am one of the Committee and Treasurer of the Sequestrations of that County.

About May 1644. Mr. Keckwich returning to Plimouth left the Pearle with me, taking my receipt of them under my hand to dispose them as aforesaid, to be sold for the greatest benefit of the State, so as Mr. Keckwich might be paid his 200 l. and the rest that should be made of them, might be returned to Plimouth, for the use of the Gar­rison as was directed by the Sequestrators there who sent them to London.

After which time I received a Letter from the Lord Admirall (who claimes an Interest in the said Pearle) willing me to keepe them till his Lordship should come up.

The 24. of August 1644. a warrant was brought from the Committee of Plimouth to me to deliver the Pearle to Mr. Francis, wherupon I then went unto the said Committee, and humbly desired that the 200 l. might be had to satisfie Mr. Keckwich, that so I might have up my scourity which he hath, and that I might (by order of the House,) bee freed from the claime of the Lord Admirall, or that the Pearle might remaine with me till the busines should be reconciled, or that the Lords and Commons for Sequestrations might determine thereof, which (I then conceived) the said Committee for Plimouth (up­on hearing thereof) thought reasonable, and which is all that I desire, which I also desired before M r. Keckwich his said return to Plimouth, when I acquainted the said Committee therewith whilst he was in London, and therfore it is no new pre­tence by me (as Mr. Francis suggests) and I am confident that Mr. Keckwich did lay out the 200 l. for so it appeares by a Letter of Collonel William Goulds to his uncle, Mr. Nicholas Gould of London Merchant, wherein he writes thus, viz. Sir, The great necessity for monies for the payment of the Garrisons in the Fort and Iland, [Page 2]hath induced me to take up two hundred pounds of Mr. Peter Keckwich giving him bills on you payable at 8. dayes sight, which bills I hope he will not have occasion to make use of, but if he have I shall desire you to make satisfaction of them, he depositing some or all the Pearles in your hand for your indempnity, which money being not paid by Mr. Gould, the Pearle was left with me by Mr. Keckwich, as aforesaid, and I have heard many Merchants of London, and men of great worth account Mr. Keckwich to to be a very honest man, and he hath done very much for the Parliament, and therfore Mr. Francis might have done better to accuse him when he was present to answer it. As for Mr. Francis suggestions, that Mr. Keckwich concealed the Pearle 10. weekes after he came to London. He was absent (being sent to Sir Iohn Meldrum in the North) as the Committee for Plimouth know well, but its true, we were intreated from the sequestrators in Plimouth not to speake of it, to prevent excep­tions by any that might pretend claime to them, and so retard the supply of Plimouth which was in great want, and so I divers times told the Committee for Plimouth, neither was it thought fit to trouble them with it, seeing all seque­strators in England, (by Ordinance of Parliament) have power to dispose of things sequestred by them.

And whereas Mr. Francis scandalously saith, that Mr. Keckwich and I got the Pearle to be prized at a very low value. I was not present nor acquainted with it till after, but after I understood that Mr. Keckwich caused them to be valued, by Mr. Thomas Smithes, Mr. Iervis Andrewes, and Mr. William Markham Goldsmiths of London, who are very honest men, and have very good knowledg in such things, and I alwaies endeavoured to have them sold for the greatest benefit of the State, as all know with whom I have had to do therein, and that the benefit might go to Plimouth, which hath brought me much trouble by Mr. Francis his meanes, who may justly be suspected ever to have intended to get the Pearle for himself, for when the Sequestrators in Plimouth would have had the Pearle from him to bee disposed, for the paiment of the Garrison (which were in great want) he refused to be examined by them to discover where they were, and some of his family being examined swore very desperately, onely one Wood dealt ingeniously, so that by degrees it was discovered that some thing wrapped up in Canvas, and sealed up was delivered out of Mr. Francis house over the wall of his yard to a Cooper (his next neighbour) and brought back again in­to the house, whereupon the Cooper being examined upon oath, confessed that the box of Pearle, was delivered to him over the wall, and the same day fetched from him again, and after the same day brought backe to him again, and remained in his custody. This double was made (as the Sequestrators un­derstood) purposely to delude them upon the examinations, for so the rest (who were privy to it) did upon the examinations discover. Neither can Mr. Francis justly say (as he pretends) that I am incensed against him out of malice, for I [Page 3]never indevoured any benefit therein to my selfe, and there was never any dif­ference between him and me, but only in this: for that I endeavoured that the benefit of the Pearle might be for the Garrison of Plimouth, as the sequestrators directed; But Mr. Francis gave out as if part of the Pearle were imbezelled by that Noble, industrious, faithfull, vigilant, and valiant Colonell Gould, (who is now with the Lord) who (under God) was the cheife preserver of Plimouth, and there­upon Mr Francis got an Order from the Committee of Plimouth, for himself, and Mr. Thomas Viner Goldsmith to compare the first Inventory which was taken of the Pearl, with the Inventory which the said Collonel Gould and the rest of the sequestrators of Plimouth sent up of them under their hands and seales, which be­ing diligently compared by them, they certified under their hands to the Com­mittee of Plimouth. That they found the Pearle to agree with both the said Invento­ries; A coppie wherof I have under their hands, and the Pearle was after valued by some who were appointed by the Committee of Plimouth, and divers others, and yet they all valued them under the value, which they were valued by those who were intreated to value them by Mr. Keckwich.

The Reply of Charles Ʋaghan, to the Answer of Phillip Francis, to the exceptions of the said Charles Vaghan to his Account.

WHerein I desire it may be observed, that he mis-recites all my excep­tions, to his account, by adding, altering, or leaving out part, as by comparing them, will appeare, some of which are very materiall, and so makes answer to exceptions of his owne. To instance only in some, for I desire that neither my exceptions, nor his answer, may be beleeved, but that it may be examined upon oath.

First, he leaves out the word (at least) and for which he is lyable, they being in custody, and freed by him. Now the word (at least) is very materiall, for the truth is, that Mr. Kelland, Mr. Yard, Mr. Hody, and Mr. Giles Lowman, were first assest by the Commissioners 2220 l. (being all Malignants) and since Mr. Kelland hath beene a Commissioner, and Mr. Hody, and Mr. Yard Captaines for the Enemy, (and yet are) which yet after upon ful debate of the Commissioners, was brought downe to 1720 l. at least, and it was resolved that that should stand, without any more abatement, who after being taken by Dartmouth Troopers, and brought to Plymouth, Mr. Francis refused to joyne with the rest of the Commissioners, in the committing of them, and without, yea contrary to the liking of the rest of the Commissioners, (after they were committed by the rest) he laboured to remove them, to some friends house in the Towne, but not prevailing there­in, [Page 4]then he laboured with the Commissioners to accept of 500 l. from them all, but they holding it unreasonable to accept of the hundreth part from those men (being Malignants) and to take the twentieth part of honest men who are our friends, at length Mr. Francis accepted 800 l. and sett them free out of the Towne, of which money Dartmouth (with great importunity) obtai­ned 300 l. the rest he detained, and though there were no money at all in Mr. Gewens hand (who was appointed by the Commissioners in Exeter, and my selfe to be my deputy Treasurer for Plymouth,) left to pay the souldiers, yet he would not part with any penny of that money to pay them.

And wheras he saith the Councell of warre conceived it fit to compound with them for 800 l. Quere. Whether it was thought sit, at a generall Councell of Warre? Or whether he did not solicite some of them in private (who were his freinds) to yeeld to his desire therin?

And 2. Whether they had any such authority, for by the Ordinance of Parliament dated 17. of January 1642. None hath authority to sett any asses­ments, or to abate any but only three or more of the Commissioners thereunto appointed by the said ordinance.

And wheras Mr. Francis saith, that the Towne was necessitated for money to pay the souldiers, truely that was a reason rather that they should have taken more, for they were badly payed, when such Malignants as they, were freed for lesse then halfe, that which was due, and the burden lay upon the well affected to the Parliament. And if there were such great want of money (as Mr. Francis saith, and as indeede there was) why then did he refuse (as he did) to joyne with the Commissioners for the raising of moneys by assesment

But let Mr. Francis tell the truth, whether the reason, why he so freed Mr. Kelland, was not, because his freind Mr. Iohn Cawsse of Plymouth was indebted to M. Kelland about 300 l. by bills & bonds (which the Commissio­ners would willingly have had to pay the souldiers he being a Malignant) and whether Mr. Francis were not himselfe indebted to him, and howsoever Mr. Francis saith that the money was payed to Mr. Alsop, yet it was thought fit by the Commissioners that Mr. Francis should be responsible for the full summe assest upon those men, seeing he discharged them so illegally, as aforesaid with­out the rest of the Commissioners.

My 14. Exception is, that he craves allowance for 14. severall other mens accounts, and for the use of the money 2023 l, 5 s. 11 d. wheras those severall persons ought to give in their owne accounts themselves upon their oaths, to which and diverse other things, (which are not fit to be allowed) he sub­scribes thus,
Phillip Francis errors accepted, and so he sweares unto it, so as he may sweare truly, and yet his account be false.

This exception he smothers much, reciting it only thus The last exception is to his subscription (viz errors excepted.

To which he answers that he concludes his account as all marchants doe, and that if Mr. Vaghan knew as well to account for the money he receives, as he doth to receive it, he would not take this exception. And whensoever he will give in his account for 80000 l. or there abouts which he hath received of the states money and given no account for the same, on pretence that he hath lost his accounts, it is wished that there be no greater errors found therein, so that the said Phillip Francis rests assured, that this will give satisfaction to all honest men that his account is just and true.

Now wheras he answers, that he concludes his account as all merchants doe. 1. To this I reply, that though Merchants may so conclude their accounts in tradings betweene Merchant and Merchant yet when their accounts are to be questioned in the Chancery, or any other Court, I hope such a subscrip­tion, answer and oath that it is true (errors accepted) will not be allowed, for if such a gap should be opened, then it would be too little purpose that the accounts of the Kingdome should be taken, nay why then should not Mr. Francis bring in all the accounts of Devon, and consequently of all the Kingdome (as well as those many which he endeavoured to huddell up in his owne account, had not the just accountants of the Kingdome given farther order to examine them) and then (if he would have favoured me so much) he might have brought in my account also, yea he might so have made a very short and easie businesse of all the accounts of the Kingdome, if it would have beene allowed him so to bring in all accounts (as he endeavoured to doe those) and to sub­scribe his name unto them, and sweare, that they were true errors excepted.

2. Wheras he saith that I have received 80000 l. of the states money or there about I have not received halfe so much money, for he knows I received not the money that was paid upon assesments, in Dartmouth, Plymouth, and Barnestable, but it was received and payed there by order of the rest of the Commissioners for the maintenance of the Garrisons in those parts, and all the money that was assest in Exeter (during the last siege) was (by order of the Councell of warre, and with the consent of the Commissioners there) payd to Nicholas Leach Esquire, who was appointed Commissary, and during that time, payed the Garrison there, So that its well, that Mr. Francis put in the word 80000 l. or there about.

3. Wheras in his answer he saith that he charged 200 l. only for Interest. By his account (of which I have a coppie) it appeares that he craves allowance for 14 severall other mens accounts, and for the use of the money, at least 2023 l. 5 s, 11 d. as my exception is.

4. Wheras he saith that I have given no account for the same on pretence I have lost my accounts.

To this I answer, that it is too true that my bookes of account, which I left as [Page 6]safe as my owne bookes and evidence (of great importance,) were also ta­ken by the enemy, after Exeter was yeelded up, (as the party from whom they were taken) and divers others of worth and credit (who are here) cantestifie: and before I came a mile out of Exceter the Enemy robbed me of all the mony I had, and tooke away my mans horse and cloke-bag and all that was therein, so that had I brought away the said books of account they had bin taken from me also, which Mr. Francis could not be ignorant of, and therfore he did not well to set out in print, that I have given no account for the money that I have received, on pretence, that I have lost my accounts.

But to manifest my unfained desire to have my accounts againe; about 3. months since I made my petition proposing, a meanes (prejudicial to none but those who have my accounts) onely to enforce them to restore them, which by the favour of the Honourable Committee of Plimouth, I hope to obtaine, and then let Mr. Francis accept therunto if he can; I desire no favour from him, nor any therein, for the more it is questioned the more my faithfulnes to the Parlia­ment will appeare. Besides it is well known what I have done for the Parlia­ment, and that I also stand bound and ingaged for them above 4000 l. and there is also much money due to me upon my account, as I can sufficiently prove, be­sides many armes which I provided for the Parliament, which Mr. Francis had, and hath given no account of them.

Now in the conclusion of my exceptions to Mr. Francis account, I say thus, (besides divers other things which may bee excepted against in his ac­count) whereby I intended to keepe (a Reserve) if he should shew any cause to avoid any of my exceptions, so that notwithstanding his Answer, I con­clude as before; That by his own account hee acknowledgeth that he hath received 2553 l. 19 s. 9 d. so that (the foresaid exceptions being allowed) there is 750 l. 2 s. 9 d. due from him to the Parliament, besides divers o­ther things which may be excepted against in his account, and yet he de­mands 6000 l. 7 s. 6 d. as due to him from the Parliament, and would have the foresaid Pearle in part of satisfaction thereof, which being for the publique benefit, I thought it my duty to acquaint the Honourable House of Parliament therewith.

Now its true that Mr. Francis (in the beginning of his Majoralty held with the right side, which bred a good opinion of him both in the Country and here yet after, when he heard of Sir William Wallers blow at the Vizes, &c. he fell off to Sir Alexander Carye, and that knot of Vtrusques who look onely to their owne preferment and estates, and from that time became a great freind to those whom before he accounted enemies and the more the West grew to bee lost, the more he stucke to that side, and still doth, but by reason of his former carriage, and some freinds, he was so represented, that all after well doings were ascribed [Page 7]to him, and it was so carried by him, that it was beleeved by many worthy men, (though he were no way guilty of it) for instance.

The keeping of the Island, or rather the recovery of it was attributed unto him whereas in truth hee deserved to be punished for his neglect in that businesse; for the truth is, there were plaine discoveryes of Sir Alexander Caryes intention, to revolt before it was done. As

First, by his secret intelligence and correspondence with Mr. Edgecombe, and others of the enemies side in Cornwall.

Secondly, by his going over secretly to Mount Edgecombe to confer with them.

Thirdly, the contents of a letter written by him, wherein he promised upon the procurement of his pardon, and securitie of his estate (which par­don was accordingly procured, and his stocke marked with Mr. Edgecombes marke, to preserve them for him) to performe what hee had promised to them.

Fourthly, Overtures made to the souldiers in the Island to take his part, and to make their peace with the enemy, and divers other things of this kind, and all this made knowne to Mr. Francis with tender of proofe upon Oath, and withall hee was divers times urged, and pressed by some of the most consi­derable honest men of the town (when Sir Alexander was in the towne) to have staied him there, and secured his person, for prevention of the treche­ry, or at least-wise to have suffered them to doe it, yet he would not be per­swaded thereunto, but shewed his dislike to those who brought such informa­tion, and solicited him therein, untill in truth the Island was lost, and by a mi­raculous providence of God recovered againe without any helpe of his.

But it may be demanded, why I did not discover this, concerning Sir A­lexander Cary and Mr. Francis till now.

To which I answer, that Collonell Gould, and others at Plimouth, did send up Articles against Mr. Francis wherein this was complained, and many other foule misdemeanours against him, and Mr. Throtell was sent up by them to prosecute it, which he accordingly did, and retained Mr Prin, who (as I heard) desired a Commission to prove the Articles, because many of the witnesses were Officers and Souldiers in Plimouth, and therefore could not come to Lon­don, but it seemes that by reason of Mr. Throtells neglect to prosecute further, the busines was not proceeded in, which being understood by those at Pli­mouth (who sent up the said Articles) they were displeased with Mr. Throtell, and (as I heard) purposed to send up some other to prosecute therein, which I daily expected, and therefore thought fit to leave it to them, who much better know the busines then I doe.

Much more might be said, and this might (by a more skilfull pen) much better be expressed, but I have so much endeavoured to be breife, as I have omitted divers materiall things, desiring to be beleeved in nothing, but what I have under the hands or from the testimony of men worthy to be credited, and shall be proved by oath, if it may be examined, by such most godly Mini­sters and Gentlemen whose doings and sufferings have made them appeare to be most faithfull to the Parliament.

Charles Vaghan.
FINIS.

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this EEBO-TCP Phase II text, in whole or in part.