February 24. 1644. The most true and unanswerable Answer of Charles Vaughan, to the most false and scandalous Aspersions of Mr. Philip Francis, set forth in his last Answer to my Reply to his: Wherein I desire that it may be observed, 1. THat he makes no answer at all to the most, and most material Accusations against him. 2. What he pretends to answer, is mere shifts, and no answer. 3. That in stead of answering, he rails, and most falsely scandalises divers men most faithful to the Parliament. As, 1. He makes no answer at all to these things; viz. First, That upon my humble desire to the Committee of Plymouth, that the 200 l. might be satisfied to Mr. Keckwich, that so I might have up my Security which he had of me when he delivered me the Pearl, (which I also desired of the said Committee whilst Mr. Keckwich was in London, as Sir Edmund fowel hath already testified) or that I might, by Order of the Parliament, be freed from it etc. and the said Committee agreed unto it; as Sir John Bampfeild Baronet, Anthony nicol, Note. and Thomas More Esquires, (members of the House of Commons, who were present) know. Now, because all the difference between Mr. Francis and me grew concerning the Pearl, I desire that the case may be known, which is this; April 27. 1643. There was an Ordinance of Parliament, that all that should be sequestered in Devon should be issued by warrant of three or more of the Committee, under their hands and seals, and not otherwise. February 14. 1643. Three of the said Committee ordered, under their hands and seals accordingly, that the said Pearl should be disposed for the Garrison of Plymouth; and thereupon took up the 200 l. of Mr. Keckwich, leaving the Pearl with him for his security, who after left them with me, taking under my hand to be paid his 200 l. and the overplus to be returned to Plymouth, for the Garrison; as the said Sequestrators there ordered. August 24. 1644. Upon misinformation to the Committee of Plymouth from Mr. Francis (that there was 6000 l. due to him from the Parliament) he obtained in Order to have the Pearl; but that Honourable Committee being after acquainted by me, with the 200 l. for which I stood engaged to Mr. Keckwich, upon the receipt of the Pearl from him, agreed (according to my desire) to acquaint the House with it for my discharge, as aforesaid; which Mr. Francis perceiving, it seems he got some one (who was not present when the said Committee agreed that the House should be so moved in it) to move the House to procure a confirmation of the first Order, for delivering the Pearl to him, Note. without mentioning the last agreement of the said Committee, which hath caused all the mistake which hath followed; Mr. Francis thus labouring to procure the Pearl, when he hath not proved any penny to be due to him; and I endeavour only that it might be for the good of Plymouth, without any benefit (but trouble) to myself. And whereas Mr. Francis now saith, That he refused to deliver the Pearl to Col. Gold and the rest of the Sequestrators in Plymouth, because they had no Order; They had an Ordinance of Parliament to require it, and to commit him (as they did) upon his refusal; and he stands still committed, for he made an escape, having given bond in 1000 l. for his true imprisonment. Secondly, I desire it may be observed, that Mr. Francis makes no answer at all to this charge, viz. That when the Sequestrators in Plymouth would have had the Pearl from him, to be disposed for the payment of the Garrison, (which was 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; only one Wood dealt ingeniously, so that by degrees it was discovered, that something wrapped up in Canvas, and sealed up, was delivered out of Mr. Francis house, over the wall of his yard, to a Cooper, and brought bacl again into the house; whereupon the Cooper being examined upon Oath, confessed, that the box of Pearl was delivered to him over the wall, and the same day fetched from him again, and after, the same day, brought bacl to him again, and remained in his custody. This double was made (as the Sequestrators understood) purposely to delude them upon the examination; for so the rest (who were privy to it) did upon their examinations discover. And if the Pearl be worth 800 l. (as Mr. Francis intimates) why doth he not procure so much for them? seeing he hath set under his hand July 25. 1644. that they are all there; at which time they were sealed up in a box by himself, and so remain still; and yet now he would cast an aspersion (if he knew upon whom) as if some of them were imbezeled; so as Oportet— esse memorem. Thirdly, I desire that it may be observed, that Mr. Francis makes no answer at all to this charge, viz. That he got an Order from the Committee of Plymouth, for himself and Mr. Thomas Viner Goldsmith, to compare the first Inventory which was taken of the Pearl, with the Inventory which Col. Gold and the rest of the Sequestrators of Plymouth sent up of them, under their hands and seals; which being diligently compared by them, they certified under their hands to the Committee of Plymouth, that they found the Pearl to agree with both the said Inventories. Fourthly, Mr. Francis makes no answer to this, viz. That the Pearl were after valued by some who were appointed by the Committee of Plymouth, and divers others, and yet they all valued them under the value which they were valued at by those who were entreated to value them by Mr. Keckwich. Now, if any demand, why I printed my Petition, and Exceptions to Mr. Francis Account? I answer, that I did it, 1. That the Parliament might be acquainted with it, seeing my Petition hath long been in the hands of some Parliament men, who by reason of the multitude of greater businesses could not move it. 2. That Mr. Keckwich might be satisfied his 200 l. which he freely lent to pay the Parliaments Garrison in Plymouth, and that I might be freed from my engagement for it. 3. That the Honourable House of Parliament might not be wronged by M. Francis unreasonable Account. Fifthly, Mr. Francis makes no answer to this wherewith I charge him viz. That he misrecites all my Exceptions to his Account, by adding, altering, or leaving out part; and so makes answer to Exceptions of his own. Sixthly, Mr. Francis makes no answer to this, viz. That Mr. Kelland, Mr. Yard, Mr. Hody, and Mr. Lowman were first assessest by the Commissioners 2220 l. (being all Malignants, and since Mr. Kelland hath been a Commissioner, and Mr. Hody and Mr. Yard Captains for the Enemy, and yet are) which yet after upon full debate of the Commissioners was brought down to 1720 l. at least, and it was resolved that that should stand without any more abatement; who after being taken and brought to Plymouth, Mr. Francis refused to join with the rest of the Commissioners in 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 friend's house. Seventhly, he makes no answer to this quere, viz. Whether it were thought fit at a general Council of War, or, whether Mr. Francis did not solicit some of them in private (who were his friends) to yield to his desire to compound with the said Malignants for 800 l. Eighthly, he makes no answer to this which I said, viz. That my books of Account (which I left as safe as mine own Books and Evidences of great importance) were all taken by the Enemy after Exeter was yielded, as the party from whom they were taken, and divers others of worth and credit (who are here) can testify. Ninthly, he makes no answer to this, viz. That there were plain discoveries of Sir Alexander carew's intention to revolt, before it was done: As, 1. by his secret intelligence and correspondence with Mr. Edgcomb and others of the Enemy's side in Cornwall. 2ly. His going over secretly to Mount-Edgcomb to confer with them. 3ly. The contents of a Letter written by him, wherein he promised upon the procurement of his pardon, and security of his estate, (which pardon was accordingly procured, and his stock marked with Mr. Edgecombs mark, to preserve them for him) to perform what he had promised to them. 4ly. Overtures made to the Soldiers 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 known to Mr. Francis, with tender of proof upon oath; and he was divers times urged by some of the most considerable honest men of the Town (when Sir Alexander was in the Town) to have stayed him there, and secured his Person for prevention of the treachery, or to have suffered them to do it; yet he would not, but shown his dislike to those who brought such information, and solicited him therein, till the Island was lost, and by a miraculous providence of God recovered again, without any help of his. Tenthly, he makes no answer to this, viz. That I three times desired, and earnestly pressed him to it (in my Reply) to have the difference between him and me examined upon oath; I confidently affirming (as it is true) that it will be proved: So that in all these things he thereby acknowledgeth his guilt therein. Secondly, What he pretends to answer, is mere shifts, and no Answer: As, First, He answers not my charge against him concerning Sir Alexander Caren (as before appears) but tells a tale of his writing to the Parliament, with the Answer thereunto, which may be so; but had the Parliament been truly informed of his offence, in not securing Sir Alexander when he might and ought, upon good proof offered to him, as aforesaid, it's like the thanks which he had would have been turned into punishment; for, had the Island been lost, (as it was Gods wonderful mercy that it was not) Mr. Francis might have suffered in a high degree. Secondly, Whereas he saith, that Captain Hancock assured him of the integrity of the Soldiers in the Island; It is not so: for there were but seven or nine at the most who joined with Captain Hancock; and besides, the assistance which Mr. Francis promised him was not performed; as by the said Hancocks and Skinners Examinations appears, of which I have a Copy. Thirdly, Whereas Mr. Francis saith, that there then appeared only cause of jealousy, and no apparent cause of proof against Sir Alexander; Mr. Wills a godly Minister, and divers others know, that there was direct proof offered to Mr. Francis, as aforesaid. Fourthly, Whereas Mr. Francis saith, that he endeavoured to get Sir Alexander again to Plymouth, resolving to secure him if he came: It appears by Capt. Hancocks and Skinners Examinations, that Mr. Francis knew that Sir Alexander was jealous of being secured if he came again to Plymouth, and therefore it was folly (if not worse) to let him go to the Island (where he strengthened his party) and to expect that he would come again into the pitfall; and therefore I need not blush for having accused Mr. Francis so justly therein. Fifthly, Neither was Mr. Francis acquitted (as he pretends) upon examination of this and the rest of his misdemeanours in the Articles sent up against him to the Parliament; for there was no examination thereof, only because Mr. Trotell neglected to prosecute; for which, those of Plymouth were displeased with him, and lately sent up one Mr. Arundel, who is now dead, to prosecute those and other misdemeanours against M. Francis. Sixthly, Now Mr. Francis pretends, he fell not off to the Vtriusques (as I charge him) upon Sir Wil waller's blow at the Vizes, because (he saith) he after encountered the Enemy, and forced them to fly; which in a Pamphlet (saith he) is attributed to those who were never guilty of it; meaning (as I conceive) Col. Gold, by whose valour (under God) indeed it was done; the Colonel having then his horse killed under him, and mounting another, that was also shot by the Enemy; and it will be proved by many, that it was then afternoon with Mr. Francis. Seventhly, In Mr. Francis Answer to my Reply to his Account, he excepts, that I replied only to two of his Answers to my Exceptions to it; which is true; because (as I said, and so say still) that I desire that neither my Exceptions, nor his Answer, might be believed on either of our bare affirmations, but that it might be examined upon oath; and therefore I earnestly urged him, three times in my Reply, to have it examined; but he likes not to hear of that, and therefore saith nothing to it, knowing that it will be proved. Now, I could instance in divers particular unallowable demands in his Account, but because it would make my Paper to swell too big, and is fit to be spoken when his Account comes to be examined, in the interim, take only this Certificate, which I have from an honest Captain in Plymouth. IN the thirteenth Article of Mr. Vaghans' Exceptions to Mr. Francis his Account, of the setting forth of two Ships: It is true, they wore the Parliament Colours, but I never knew any service they were put upon; for one of them carried deal-boards for Barnstaple, and landed them at Appledoore; and from thence the said Vessel went for Burrey in Wales, where she loaded coals, and brought them to Plymouth for the owner's use. And for the other Ship, as I remember, she went not from the Key of Plymouth: And therefore, in my judgement, the 453 l. charged for them, is an injury done the State. Plymouth, Jan. 8. 1644. Henry Hatsell. Eighthly, To my charge of his discharging Mr. Kelland, and the three other Malignants, of 920 l. (which was assessed on them) contrary to the Ordinance of Parliament: To this Mr. Francis saith, that he discharged them out of Prison, but not of their Assessment; but took 800 l. in part of the 1720 l. and the rest they are liable to still; whereas, by his usurped unlimited power, he sent those Malignants out of the Town into the Enemy's Quarters, where they fight against the Parliament; so that now we have no power to raise the rest, no more than we had to get Sir Alexander Carew again when Mr. Francis refused to secure him, and let him go away, when he was in Plymouth. Ninthly, Why Mr. Francis, or any other, would not suffer the 800 l. which he had upon Assessment of Mr. Kelland and the rest, to be disposed by the Commissioners of Assessment, according to the Ordinance of Parliament, he shows no reason, nor indeed can. Tenthly, As for my books of Account, I have offered to prove to the Accountants of the Kingdom, that the Enemy hath them all; and I have done all that I can to procure them; but, I believe, Mr. Francis doth and will hinder it, knowing that I shall prove him false thereby: and it is a simple argument for him to say that I have my Accounts, because I remember 734 l. which was paid to Major Herbert; which I remembered the better, by conferring with my man who paid it, and it being the greatest sum that I ever paid at one time to one man, for Officers only. Eleventhly, Whereas Mr. Francis saith, That I and my man might have come out of Exeter with the Earl of Stamford, and then we had passed very safely and secure, as the rest of the Earl's company did; (and so he infers, that I might have brought my Accounts with me;) I did come out with the Earl, and yet was rob by the Enemy of all that I had, and so were many other, as is too well known. Thirdly, I come to Mr. Francis most unchristian and false slanders of the dead and absent, most faithful men to the Parliament. First, that worthy and ever to be honoured Colonel Gold: As, 1. Whereas Mr. Francis saith, That there is a great deal of money due from the said Colonel to the Parliament, all men, that will speak truth, know and believe that he is out of purse, and stands engaged many thousand pounds for the Parliament. 2. Whereas Mr. Francis saith, That Col. Gold pressed the Committee in Plimonth and Deputy Lieutenants to search every man's house in the Town, and to take from them, by force, all such money and plate as should be found in their houses, if they would not part with it otherwise. It will be proved, that some well-affected in Plymouth, who had plate, (the Soldiers being like to mutiny for want of pay) offered their plate to the Colonel, and desired that the rest who had plate might be entreated to part with it also, so as the Colonel and some of Mr. Francis friends would be engaged to pay the value of it; which the Col. thereupon moved, and offered to be engaged, but Mr. Francis friends refused, and so there was nothing more done in it. 3. Whereas he saith, That Col. Gold owed Mr. Kelland 1000 l. by bond, and that Mr. Kelland was often offered at Dartmouth and Plymouth, that if he would deliver up the bond, they should be all freed: It will be proved by Arthur Vpton Esquire, and Mr. Richard Nchol, who are here, and divers others, that Mr. Kelland. himself offered to deliver up that bond, if they might have been freed, but it was refused; neither was the 1000 l. the Colonel's debt, but borrowed for the Parliament, for which he and others were bound; and Mr. Francis had 800 l. of the same money, as appears by his own Account; and therefore it is a most wilful false slander. Secondly, Mr. Francis falsely accuseth Thomas Gewen Esquire: As, 1. That he is indebted to the State for money which he received for Assessments and Sequestrations, and refuseth to give an Account. Whereas the truth is, that about October 1643. Mr. Francis, and some others (whom he procured to join with him) required Mr. Gewen to give them an Account; at which time he desired to see by what Authority they required it, but they would not show, nor indeed had any; yet Mr. Gewen (to take off all exceptions and jealousy) delivered them an Account of all his receipts and disbursements, which was examined and allowed by Col. Gold, Mr. Bear, and Mr. Champneys, the Parliaments Commissioners; whereby it appeared, that there was 232 l. 19 s. 8 d. due to him: and, to manifest his desire to have his Account taken, he then writ up (as some Parliament men know) to procure an Ordinance for the taking of his own Account first, and after the rest of the Accomptants in Plymouth; but before it could be had, the Ordinance for taking all the Accounts of the Kingdom was made; so that its plain, that he was desirous to have his Account taken, and he is ready to give it to those who have now Authority there to take it, but Mr. Francis stays purposely here, as is conceived, because he would not give his own Account, knowing that it will be proved false by many in Plymouth. 2. He chargeth Mr. Gewen to have held intelligence with Peter St Hill Esquire. Which was thus; whilst the Siege was before Exeter Mr. St Hill writ to Mr. Gewen about the exchange of Prisoners, and withal desired there might be peace, proffering to do his best therein, persuading Mr. Gewen to the like, which he shown to all the Gentlemen of quality he met with; and by the same Messenger returned an answer, to convince Mr. St Hill of his error, and to justify the Parliaments Cause, in an excellent manner; as will be proved, the Letter being seen. Thirdly, The like charge Mr. Francis hath against Mr. Nicholas Row; but he was acquitted thereof by the Council of War in Plymouth. Thus Mr. Francis falsely accuseth the best-affected to the Parliament; but when himself was told by his friend Mr. Wills (a godly Minister in Plymouth) that it was reported that he privately received a Letter from the King, and was advised by Mr. Wills to question the party in Plymouth, who was said to have brought it to him, he looked as pale as his band, and would not question it, lest it should be proved. Fourthly, He falsely accuseth Rich. Verman, That Major Herbert gave him 3l. when he paid him the 734 l. Which the Major being now spoken with will not depose. Fifthly, Whereas Mr. Francis saith, That Mr. Keckwich bought Rice of Captain Battin, with the Parliaments money, at 24 s. per Cent. upon engagement to sell it at Plymouth at the same rate; yet he sold it for 30 s. 34 s. and 36 s. per Cent: And having received Dollars at 4 s. a piece, he paid them to the Soldiers in Plymouth at 4 s. 4 d. a piece. To manifest Mr. Francis his falsity therein, I have these Certificates which follow; viz. Whereas we have seen a printed Paper, published under the name of Mr. Philip Francis of Plymouth, importing the disparagement of Mr. Peter Keckwich, (now resident in Plymouth also) as if the said Keckwich had unreasonably exacted upon the Town in the sale of Rice at 30 s. 34 s. 36 s. per Cent. Which he should buy (and that with the Parliaments money) of Captain Battin at 24 s. And likewise, that he should receive certain Dollars at 4 s. a piece, for the Public use, and should dispose them at 4 s. 4 d. a piece, to his private advantage: Now (for the vindication of Truth, as well as his Reputation, and as we conceive ourselves, at his request, bound) We certify, That the said Keckwich (though dispossessed of all his real estate, lying in Cernwall) hath been ever faithful adherent to the Parliament, forward and active (both by his person and purse) to advance both the particular good of this Town, and the general of the State. And touching that in special abovesaid of the Rice, That he sold it but at 28 s. per Cent. (although by reason of the scarcity of that commodity, and most others, as that time, had he tendered (as is charged) so much his own particular, he might doubtless have sold it at a higher rate:) the price it still bears, though great store be since brought in. That he bought the said Rice (for aught we know or think) with his own moneys, and could gain little or nothing thereby, allowing for waste and charges. And touching the Dollars abovesaid, It appears by receipts shown us, that the profit and overplus made of them, was employed wholly in the service of the State, not to the private use of the said Keckwich, at is in the said Paper pretended. Plymouth, Jan. 3. 1644. Witness our hands, Henry Pellerfen. John Champneys. John Bear. Justinian Peard, Maior. John Bampfield. John Caws. Thomas Ceely. Richard Evens. Christopher Ceely. Timothy Alsop. AT the request of Mr. Peter Keckwich, upon a printed Paper set out by Mr. Philip Francis, concerning a parcel of Rice which the said Keckwich bought of me about twelve Months since, which was as followeth: At my coming to relieve Plymouth, in January 1643, understanding the Town to be in great want of victuals, I bought with my own money a certain quantity of Rice, to the value of seventy or eighty pounds, which I intended to let the besieged have at the same price I bought it; but at my arrival at Plymouth, not going on shore myself, nor any coming onboard to treat with me about it, although I made it known; I acquainted the said Peter Keckwich with it, who took it of me upon the terms I bought it, which was twenty four shillings per Hundred, without any Injunction, by me, to sell it to the Town at the same rate; only I told him for what end I bought it. And this is the whole truth of the business: Witness my hand, January 9, 1644. William Batten. And for the Dollars, he received them at four shillings two pence per Doller, at Dover, but how he paid them at Plymouth, I know not. William Batten. Sixthly, He most falsely saith of me, 1. That I have, or have transported much of the State's money beyond the seas: But I will give him all that I have, or have transported, for six pence. 2. He calls me Vsuror, and saith that I have taken forfeitures: Whereas he cannot instance of any money put out by me to usury, nor of any forfeiture ever taken by me: but he is so touched upon the gall, in the truths wherewith I have charged him, that it makes him thus to wince. 3. He saith, that I paid the Soldiers half that was due to them, and took receipts for the whole. Which is most false. 4. He saith that the Soldiers being much arreare of their pay, and there being a great quantity of Plate of the Parliaments in my custody, sufficient to satisfy them, and one William Gobell being sent by the Parliament to coin it, I would not permit him, but sent him away, and left the Plate in Exeter to the Enemy upon the surronder thereof. (To which I answer, that there was about 1300 l. worth of plate which had been brought in upon the Propositions to Mr. Bartlet and Mr. Anthony, Goldsmiths in Exeter, who were appointed by the Deputy Lieutenants to receive it; whereupon the Commissioners of Assessment writ to some Members of the Parliament, to desire an Ordinance to coin it; and thereupon the said Gobell came to Exeter, and the Commissioners several times spoke with him; but finding 1. That he made scruple to coin it, because (as he pretended) it would be Treason. 2. He made such demands for the charge to do it, that the Plate would yield much more as it was; wherefore they gave him for his pains, and he returned: and then by agreement of the Commissioners, the Plate was sent to London, to buy the Arms for the Parliament (as Anthony nicol Esquire, and divers other Parliament men know) which Mr. Francis had at Plymouth, for which he hath given no account: And therefore it is a foul slander, which he saith, That I left the said Plate entire in the City to the Enemy, upon the surrender thereof. So that upon the whole matter, this Character may be made of the man, Malice, Pride, Impudence, and Falsehood, wrapped up in Ignorance. Wherefore, to conclude, seeing he hath adventured his soul, in setting forth so many false and scandalous reports, but I believe he will not venture his estate therein, which to try I make him this offer, Let him give me an appearance to a Suit, for the scandals which he hath published of me, without sheltering himself under any protection (that he might so vent his false slanders) and I will do the like to him, if he will bring any Suit against me, for any thing that I have published against him: And then it will appear to all, whether the foresaid Character he not true of him. To the Reader. 1 Thes. 5.21. Prove all things: hold fast that which is good. To Mr. Francis. Gal. 4.16. Veritas odium parit. 2 Pet. 2.1. Bring not railing accusation. Pro. 12.19. The lip of truth shall be established for ever: but a lying tongue is but for a moment. Job 27.5. God forbidden that I should justify you: till I die I will not remove mine integrity from me. Charles Vaughan.