Charles I - volume 355: May 1-10, 1637

Calendar of State Papers Domestic: Charles I, 1637. Originally published by Her Majesty's Stationery Office, London, 1868.

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'Charles I - volume 355: May 1-10, 1637', in Calendar of State Papers Domestic: Charles I, 1637, (London, 1868) pp. 49-96. British History Online https://www.british-history.ac.uk/cal-state-papers/domestic/chas1/1637/pp49-96 [accessed 19 April 2024]

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May 1–10, 1637.

May 1. 1. Petition of the Brewers of Chester to the Council. The King, about two years since, incorporated petitioners and granted them divers privileges, and especially that none should brew beer to sell within the city but such as should be free of their incorporation. Petitioners have not yet enjoyed any benefit of his Majesty's intention, being opposed by the innkeepers and alehouse keepers, who brew all the beer expended in their houses. Petitioners have been suitors for redress, but in regard of his Majesty's purpose of a general restraint the Council had made stay of doing anything therein. Pray that they may enjoy his Majesty's favour of suppressing persons who are refractory to his grant, petitioners being willing to give his Majesty an annual rent of 40l. or otherwise as the Lords think fit. [1 p.]
May 1. 2. Petition of John Ray, a distressed prisoner in the Fleet, to the Council. The original of his offence was ignorantly committed (May next will be seven years) in transporting contrary to proclamation a ship of fuller's earth. After his return, hearing of the proclamation, he drew a "remonstration" of the fraudulent transporting of great quantities thereof by others through the instigation of English merchants residing in Holland. About two years after Richard Cocks, being questioned for the like fault, confessed himself guilty and withall "peached" petitioner, whereupon Attorney-General Noy bound both to appear in the Star Chamber, but petitioner, lying dangerously sick, was spared, and Cocks only censured and fined, and released after 10 or 12 weeks' imprisonment. After the death of Attorney-General Noy petitioner was sent for by AttorneyGeneral Bankes, was again committed to the Fleet, and justly sentenced in the Star Chamber. Prays order for release, for that he committed his offence seven years since, and having suffered almost three years' imprisonment, was sick and destitute. Underwritten, "Nil." [1 p.]
May 1. 3. Petition of John Apsley, executor of Sir Allen Apsley, to the same. Petitioner formerly prayed that as since Sir Allen's death he had endeavoured to pass the accounts between his Majesty and Sir Allen as Victualler of the Navy, a commission might pass the Great Seal to some persons to allow the same. Your Lordships thereupon ordered petitioner in the ordinary way to pass the account in the Exchequer. Petitioner has proceeded so far as he can, there being none that will give allowance of the accounts without order. Prays the appointment of some persons for that purpose. [½ p.]
May 1. 4. Petition of John Lloyd and Marie his wife to the same. Katherine Coleman, petitioner Marie's grandmother, by her will gave to Marie, then an infant, 30l. in money, to be paid at her day of marriage or at 21, and also gave her all her personal estate unbequeathed, amounting to 100l. [originally written 300l.] and upwards, to be paid by William Hayman, executor to the said Katherine. He dying, left the care of the said Marie to Robert Hayman, his executor, who having made great benefit of the money for 16 years, after the intermarriage of petitioners paid petitioner John 40l. in part payment, and combining with William Sedden, a scrivener, took from him, being illiterate, a general release. Petitioners further charge Mary Gillam, aunt to the said Marie, and Ralph Hayes and Rebecca his wife, with embezzling the goods of Marie's grandmother. Pray the Lords to call the parties before them, and give petitioners relief. [¾ p.]
May 1. 5. Petition of Robert Gray, Francis West, John Venn, William Robinson, David Woodrooffe, John Rathley, Thomas Sadler, Henry Tooley, George Bryan, and Francis Ashley, with divers other citizens of London, to the Council. Petitioners have for many years furnished the western parts of this kingdom, with Ireland and Wales, with commodities, the usual places of meeting with their chapmen being at the fairs held in Exeter, Bristol, and West Chester. The magistrates, by reason of God's heavy hand laid upon London with the contagion of the pestilence, made an order amongst themselves to deprive petitioners of their former liberty, to the great hindrance of petitioners and intending their own private profit, wherein petitioners had exceedingly suffered but for the order of the Board for admittance of their persons and wares to the places aforesaid. Pray for a further order granting free liberty of trade and meeting upon certificate of the Lord Mayor that they and their families are free from the pestilence. [1 p.] Endorsed,
5. i. Statement of reasons why the opposition to the above petition should not be regarded. 1. The London tradesmen were never before restrained. 2. When the opponents have denied the Londoners liberty in their own persons, they have had recourse to London and taken in their own goods brought in the same wagons with those of London. 3. Although their pretence was fear of infection, their intent was to serve the Londoners' chapmen and receive their money which they brought to pay the Londoners. [½ p.]
May 1. 6. Petition of William Scudamore, late Sheriff of co. Hereford, to the same. Upon the first writ to him directed for levying 4,000l. assessed upon that county for ship-money, he rated an equal proportion upon every hundred, and gave in charge to the constables to rate every parishioner, which was done to the general content, the city of Hereford being rated at 210l., and the borough of Leominster at 50l. And so he collected and paid 3,564l. 10s. 11½d. in his year, 1635. That which is upon Hereford and Leominster he was not to levy. He delivered over his writ, with the names of those who had not paid, to Thomas Wigmore, the succeeding sheriff, who is to give account of the non-performance of the rest of the service, and for his contempt is bound with a surety to Roger Vaughan, the present sheriff, to appear in Chancery upon an attachment in the beginning of this term. Petitioner hears that himself is also put in process. Prays that he may be discharged, and Wigmore be commanded to give an account of what is in arrear. [2/3 p.]
May 1. 7. Petition of John Murray, of London, chandler, to the same. In the heat of this visitation petitioner, being at Huntingdon, lodged at the house of Thomas Walker, who for some misdemeanour done in the market-place was fined 32l. and two months' imprisonment. Walker was accordingly imprisoned in the house of Thomas Kilborne, sergeant of Huntingdon, where petitioner going sometimes to see him, and Walker making an escape, Kilborne, to clear himself, accused petitioner, and brought him by force before John Abbot, the mayor, who, with the advice of William Kilborne, an attorney and brother of the sergeant, committed petitioner prisoner to the sergeant's house, where no bail would be accepted (a justice of peace offering to be one), and petitioner was kept four days and nights with heavy irons upon him, until petitioner paid 34l. 6s. for his enlargement. Prays that Abbot and Kilborne may be sent for to answer for this usage of petitioner. [2/3 p.] Annexed,
7. i. Affidavit of John Murray, the petitioner above named, in verification of the facts stated in his petition. Sworn 31st March 1636 [sic]. [¾ p.]
May 1.
Easton.
8. Obadiah Coysh and John Sutton to Sir Capel Bedell, Justice of Peace for co. Huntingdon, at his lodgings in Great Bartholomew Close. Were ear-witnesses, amongst many others, on a general fastday, being the 23rd of November last past, at Easton, co. Huntingdon, that Giles Randall, clerk, curate or substitute, there publicly preached that amongst many sins which caused the wrath of God to lie heavy upon this nation, the taking of the loan and ship-money were two of them, and further that the taking of the said loan and ship-money is felony, and that without restitution there can be no salvation. [½ p.]
May 1. 9. Answer of Thomas Soame, late Sheriff of Middlesex, to the petition of Simon Coston, Thomas Lote, and Nathaniel White. The sum of money questioned is but 17s. Mr. Wymonsall, rated at 5l., upon complaint was abated 17s., which was added to the assessments on the petitioners. States the reasonableness of the abatement and the quantities of land held by the petitioners, and not acknowledging the words scandalously objected, the respondent leaves the petitioners to be dealt withal as shall seem meet. The assessment referred to was that of Greenford. [1 p.]
May 1. 10. Certificate of Henry Bailie that in the common market-hall for baize in Leaden Hall there were the following quantities of Essex baize; namely, of "Coxall" [Coggeshall ?] baize, 533; of Minikens or blue lists, 126; and of "Baukine hundreds or Fleet hundreds," 91. [Endorsed by Nicholas, "Never less." ½ p.]
May 1. 11. Account rendered by Richard Poole, and examined by Sir John Heydon, of the saltpetre brought in by saltpetremen from 1st May 1634 to 1st May 1637, showing the deficiency or overplus in each man's case. [1 p.]
May 1. 12. Charges to which Francis Vincent, saltpetreman, had been put by Sir John Rayney's neglect of his Majesty's service. Total, 16l. 16s. 8d., assessed by Edward Nicholas at 10l. [¾ p.]
May 1. 13. Draft for entry on the Council Register of the appearance of Christopher Copley, of Wadsworth, co. York, for having appealed from a sentence given in the Court of Honour in favour of the Earl of Kingston. He was to remain in custody of the messenger. [½ p.]
May 1.
Passenham.
14. Sir Robert Banastre [Bannister] to Nicholas. I have sent up 1,000l. towards ship-money for co. Northampton, and hope to send up as much more by the end of the term. Mr. Crane writes what much troubles me, that it is believed by his Majesty and most of those that sat at the Board that I forbore to follow the irregular rates of my predecessor, with intent to perplex the service. If his Majesty and the Lords would give me that protection and assistance that my predecessor had, I hope I shall not leave 1,525l. uncollected at the end of my year. My instructions were to rate it with equality and indifferency, which I have done sincerely and upon good ground to be maintained, although it trench deeper upon men of the best rank, being best able to bear it, and somewhat ease the poor tillage-man and day-labourer, not fit to be charged. Sir Francis Crane and myself, last year, our hundred being over assessed, became suitors to his Majesty and the Lords to be relieved. Our answer was that we must first pay the money charged and then seek relief. We thereupon paid the money, and the Lords wrote to the Judges of Assize to examine the business, whereby there was no interruption of the service. The high constables of Rothwell complain of being overrated. They after of themselves retract it, and then make new rates, to the good liking of the country. Since, by some underhand protection, they renew their suit again, which being entertained, myself, my warrants and messengers have been neglected to the prejudice of his Majesty's service, all which I desire may be made known to his Majesty and the Lords. [1 p.]
May 1.
Eton College.
15. The Provost and Fellows of Eton College to Archbishop Laud. We have made choice of Thomas Weaver and John Harison, the eldest and latest of this society, to convey the thankfulness of all the rest for your final decree, touching the cause between this and his Majesty's College at Cambridge; also for moving his Majesty touching the future disposal of the vicarage of New Windsor, whereof we have already anticipated the accomplishment. [Seal with arms. 1 p.]
May 1. 16. Receipt of Sir William Russell for 2,330l. paid by Lawrence Delves on behalf of Sir Thomas Delves, sheriff of co. Chester, in part of 3,000l. ship-money charged upon that county by writ of 12th August last. [¾ p.]
May 2.
Whitehall.
17. Order of the King in Council. Upon consideration of the great quantity of potashes brought in from foreign parts, and that a great proportion is at present in the hands of undue makers of soap, and of grocers, salters, and others who have bought the same to furnish the undue makers, it was ordered that no merchant or others should sell any part thereof before notice given to the lord mayor, Thomas Overman, or such others as they shall appoint, who are to take special care that none be disposed of to undue makers of soap. [Copy. 1⅓ p.]
May 2. 18. Draft of the same order. [1¼ p.]
May 2. 19. Brief notes or draft of the contents of the same, endorsed as received from Mr. Lightfoot, and being probably the application upon which the order was made. [¾ p.]
May 2. 20. Petition of the Mayor, Jurats, and Commonalty of Dover to the King. In July last fourteen Frenchmen were condemned for piracy and committed to the custody of Maximilian Dancey, keeper of his Majesty's prison in Dover, who in February last suffered them to escape in the night-time, and at the sea-shore they took boat for France. Now Dancey and Reston, his deputy, give out that petitioners and not they are answerable, and shall be questioned in the Star Chamber. Petitioners submit that Dover is no walled town, but has very many ways into and out of it, and that Dancey is an officer by patent under the Great Seal; nor were the prisoners ever under petitioners' charge. Although advised that they neither are nor can be charged with the said prisoners' escape, yet being a poor corporation, and most unwilling to be called to make defence, in all submission petitioners pray that the matter may be referred to some of the Council and Judges. [½ p.] Underwritten,
20. i. Reference to the Lord Keeper, the Earl Marshal, and the two Secretaries of State, who are to call in to their assistance the two Lords Chief Justices and the AttorneyGeneral, and to certify to his Majesty. Whitehall, 2nd May, 1637. [¼ p.]
20. ii. The Lord Keeper and Secs. Coke and Windebank to his Majesty. Report on the above reference. Conceive it requisite that the Attorney-General proceed first against the gaolers and their deputy, and against Morgan, the present searcher, and that the mayor send the names of four or five of the principal watchmen who watched the night of the escape, and that in the meantime the proceedings in the Star Chamber against petitioners be stayed. Whitehall, 9th May 1627. [1 p.]
May 2. Copy of the preceding petition and the reference thereon. [See Vol. cccxxiii., fol. 69. 2⅓ pp.]
May 2. 21. Petition of John Powell, one of his Majesty's sergeants-atarms, to the Council. There is a debt of 100l. due to petitioner from John Perryman, town clerk of Bodmin, for obtaining whereof petitioner has for two years taken legal courses, but through Perryman's indirect dealings with the under-sheriffs, petitioner has been remediless. Perryman being attached by virtue of a process issuing out of the Exchequer refused to obey the same, and caused the officers to be most cruelly beaten, for which he stands in contempt of that court. In respect of petitioner's daily attendance before his Majesty and the Council, he cannot intend the attaching of Perryman, who is always subterfuging and shifting from place to place; he therefore prays leave to take his legal course against Perryman, that he may be responsible for his contempts to the Court of Exchequer and to petitioner's action, petitioner having forborne since Perryman's attendance at the Board to meddle with him. [1 p.]
May 2.
Aboard the Swiftsure in the Downs.
22. Sir John Pennington to [Capt. George Carteret ?]. Enclosed are letters to yourself and your admiral, received in a packet from Mr. Smyth. Thereby you shall understand all the Court and city news, "which is as strange to me as to you." I have been here this month, but hear nothing. Few of the fleet have yet come down, or the ships from Portsmouth; only the Henrietta Maria has been here a few days, and the Rainbow is now turning in. I think it will not now be long before they come all, except my lord [Northumberland], who will not be ready this fourteen days. It seems the Prince Elector's fleet proceeds not, for Sir Henry Mervin is removed back into the [St.] George, and comes out Rear-Admiral. LieutenantColonel Brett and some others are fallen off from the service, as being discontented with their ships and places. The Prince of Orange had likely to have surprised Hulst, but was prevented by putting in men a few hours before. "I think we shall see our old trade of fishing, and that will be all we shall do this year." Admiral Van Dorp lies to and again between Dunkirk and this place with twenty sail of stout men-of-war, but meddles with none of our convoys. [2 pp.]
May 2.
Whitehall.
Lords of the Admiralty to Richard Price, Deputy Vice-Admiral of South Wales. Recite complaint made by the Spanish Ambassador, in the name of John le Drue, master of the Waterhound (see April 29, p. 33). Being informed that the said ship is now in your custody, the Lords require you to send an inventory of the ship and all her tackle, furniture, and lading. Require you to see the ship kept in safety. [Admiralty Register, Vol. cccliii., fol. 13. ½ p.]
May 2.
Whitehall.
The same to Algernon Earl of Northumberland. Lord Philip Herbert, son of the Earl of [Pembroke and] Montgomery, intends to be at Calais on the 10th of this instant May. You are to give order to some captain of the fleet to stand over to Calais Road, there to receive him aboard and transport him to England. [Ibid., fol. 13 b. ½ p.]
May 2. 23. Receipt of Edward Hodgson, clerk to Robert Bateman, for 30l. given by Bishop Mountague, of Chichester, towards the repair of St. Paul's, being his fourth payment. Underwritten is a memorandum of its entry in a ledger-book remaining in Merchant Taylors' Hall, signed "Robert Marsh." [2/3 p.]
May 2. 24. Certificate of Henry Chitting, Chester Herald, that Edward Earl of Bath died at Tavistock on Thursday the 2nd March last, and that he lies interred in the church of Tavistock near his father. By his first wife, Dorothy, daughter of Oliver Lord St. John of Bletsoe, he had issue John Lord Fitzwarren, who died an infant, and three daughters, Elizabeth, Dorothy, and Anne, all living unmarried. By his second wife Anne, daughter of Sir Robert Lovell, of Liscombe in the parish of Soulbury, co. Bucks, who survived the Earl, he had no issue. [¾ p.]
May 2. Copy of the preceding. [See Vol. ccclx., p. 29. ½ p.]
May 2.
Honington.
25. Sir Edward Hussey to the Council. In that county of Lincoln there are great parcels of the late common fens decreed to the undertakers for draining, and by them now held in severalty, some part lying in parishes known, and other some in parishes not known, only the commoners before the draining paid their tithes to the parishes in which they inhabited. Desires directions, first, whether these drained grounds shall be assessed jointly with the parish wherein they lie, and both of them to bear but the same charge towards the raising of the ship-money which the parish should have done if the same had not been drained; or that the charge of the parish shall be so much increased as may be fairly raised out of these new grounds; or that the grounds so drained shall be assessed apart, and the parish notwithstanding to bear their proportion. Secondly, whether the grounds not lying in any parish as yet known shall be assessed towards the raising of the general charge of the whole county, or whether the assessment shall be applied to the easing of such towns as formerly had common therein. [Seal with arms. 1 p.]
May 2. 26. Certificate of Sir Henry Skipwith that Robert Lord and Elkington Kirke are men of good ability for estate, but have greatly disturbed the service of shipping in Leicestershire, by persuading some of the constables of Guthlaxton hundred rather to answer before the Board than to obey the sheriff's warrants. [¼ p.]
May 2. 27. Receipt of Sir William Russell for 400l. paid by Edward Wagstaff, one of the sheriffs of the city of Gloucester, in part of 5,500l. ship-money charged upon co. Gloucester, the said 400l. having been collected within the said city under writ of 12th August last. [¾ p.]
May 2. 28. See "Returns made by Justices of Peace."
May 3.
Westminster.
29. Warrant to pay to Thomas Baldwin, comptroller of the works, several sums amounting to 397l. 1s. 4d. towards the repair of the paling, gates, drains, and bridges of Oatlands Park. [Strip of parchment. 16 lines.]
May 3.
Westminster.
30. The like to John Taylor, English agent at Vienna, 1,000l. part already disbursed in his transportation out of England. [The like. 11 lines.]
May 3. 31. Francis Fulford and five others, creditors of Henry Drake, to the King. Henry Drake, to whom your Majesty granted a protection for one year, has made so good use thereof that much money has been paid and a great quantity of land sold, and more is in agitation to be sold by those gentlemen for whom he stands engaged. We are persuaded that all the creditors will receive satisfaction if the King grants his protection for one year longer. [1 p.]
May 3. 32. Draft minute for entry on Council Register of a pass for Nicholas Mynne, captain of a company in the regiment of Sir David Drummond, William Mynne, his brother, Griffith Hall, Lawrence Haddock, quartermaster of the same regiment, and William Kingsley, to go to the Low Countries to their several charges under the Queen of Sweden. [1 p.]
May 3.
Westminster.
33. Sir William Slingsby to the Council. This day the doors of Stephen Smith, fishmonger, were, by the sufferance of the warder, broken open, and William Fenn, late servant to Smith, who already had been indicted for offences committed during the several infections of that house, entered thereinto and brought to the door for sale a quantity of salted fish without the privity of the officers, notwithstanding Susan Wheelyer, a maid-servant of Smith's, was then shut up and left infected with the plague at the time of Smith's unlawful abandoning his house. Fenn is now apprehended and shut up with the late infected servant under better guard. I have committed the warder, and commanded the fish to be carried in again and the doors to be locked and guarded till you shall give further directions. These proceedings I suspect to be done by the private directions of Smith. [1 p.]
May 3. 34. Order of Council made upon the above letter. That Stephen Smith be committed to Newgate, and there be kept safe under strong bolts till further order, and that William Fenn be sent to the pesthouse and a weight of iron be put on his heels to keep him safe and quiet there. Further, that the warders, for their great neglect, be put in the stocks placed in the street before the door of Smith's house. [Draft. 1 p.]
May 3. 35. Draft minute of warrant to the Keeper of Newgate issued in pursuance of the preceding order. [⅓ p.]
May 3. The Council to the Warden of the Fleet. To take into his custody Sir Philiberto Vernatti. [Draft minute on the same paper as the preceding, but cancelled. ⅓ p.]
May 3. 36. Order of Council. Recites that the difference between the town of Colchester and William King having been heard at the Board the last of March last, the same had been referred to the examination of Sir Dudley Carleton and Edward Nicholas, clerks of the Council. It being now the time of Mr. Nicholas's waiting the Lords substituted Sir William Becher as a referee in his stead. [Draft. 1 p.]
May 3. 37. The like on petition of Robert Hawkins and Robert Wells, yeomen of the chamber and collectors of ship-money in Great Bedwin, Wilts. The petitioners complained that Thomas Dunford refused to pay his assessment towards the ship-money, and abused them with uncivil language, saying also that his Majesty owed him money and he would be paid the same first. It was ordered that Dunford should pay the money assessed upon him and then be discharged, but that the Judges of Assize should call Dunford before them, and, if they find cause, should give orders for his punishment. [Draft. 2 pp.]
May 3.
Inner Star Chamber.
38. Order of Council on the petition of Thomas Horth, of Yarmouth, merchant. After reciting the said petition, which is already calendared under date of 28th April last, No. 102, the Lords ordered that Newman and Measer should take the locks from off the warehouse of the petitioner, and that he should be permitted to deliver his oils, brought into the port of London in the Relief, of Ipswich, agreeable to his contract with the Corporation of Soapmakers of Westminster. [Draft. 1¾ p.]
May 3.
Inner Star Chamber.
39. The like Order. Recites petition of Thomas Powell, one of the churchwardens of the parish of Wolston and Marston, co. Warwick, and of William Radborne, one of the overseers of the poor of that parish, which stated that by a fire in Wolston the cottages of Joan Chad and Anne Ashley, two poor widows, were burnt down, and that afterwards, on their petition, an order was made by the Judges of Assize that the churchwardens and overseers should erect two other cottages for the said two poor widows, which they had well-nigh finished but were opposed by George Warner, lord of the manor, who commenced suits and arrested the workmen (see Vol. cccli., No. 74). It was ordered that the cottages be forthwith set up, and that all suits be withdrawn, and if Warner has committed any misdemeanours the judges at the next assizes may call him before them to answer the same. [Settled draft. 1¼ p.]
May 3. 40. Rough draft of the preceding. [2¼ pp.]
May 3. 41. Draft minute for entry on the Council Register of the appearance of John Hildesley, mayor of Christchurch Twineham, Hants, to answer the petition of Lord Arundel of Wardour. [7 lines.]
May 3.
Inner Star Chamber.
42. Order of Council made upon consideration of the petition of Thomas Lord Arundel of Wardour, lord of the manor, hundred, and borough of Christchurch, Hants, complaining of the election of John Hildesley to be mayor of Christchurch, the borough not being incorporated by charter. The Lords referred the disquisition of the matter to the Lord Chief Justices of the King's Bench and Common Pleas, and to Baron Denham, who are to examine whether the borough has had anciently and usually a mayor or a portreeve, what is the oath taken by the mayor or portreeve, whether any that is not a burgess may be mayor or portreeve, and whether Hildesley has been duly elected, and to certify the Board. [Draft. 2 pp.]
May 3.
Inner Star Chamber.
43. The like. Recites petition of Richard Wisdom, prisoner in the counter in Wood Street, showing that petitioner having been a man of estate and an inhabitant of Reading, Thomas Hull, of Godliman [Godalming], had not only withdrawn petitioner's wife's affection from him, but had undone him in his estate, and to prevent him from taking a course against the said Hull he had caused petitioner to be imprisoned upon a feigned action. The Lords ordered that Hull shall forthwith release Wisdom upon his bond to answer the action of Hull, and that the petition of Wisdom shall be sent into the court of the High Commission, where Hull shall be proceeded against ex officio. Wisdom is to furnish testimony in support of his petition, and Hull is to remain in a messenger's custody till he has released Wisdom and given bond to appear in the High Commission. [Draft. 1 p.]
May 3. 44. Petition of Henry Darell and the inhabitants of the parish of St. Giles'-in-the-Fields, Middlesex, and other parts adjoining, to the Council. Similar petition to that in Vol. cccxlviii., No. 70, calendared under the date of February last. It recited a grant of the late King of certain markets and fairs to Trinity College, Oxford, two of the former and three of the latter having been purchased by the petitioners. Under a writ of ad quod damnum a jury had found that such markets and fairs would be very convenient. Petitioners prayed that the work might go forward. [Copy certified by Robert Michel, deputy common clerk of the city of London. 1½ p.]
May 3.
Inner Star Chamber.
45. Order of Council on the above petition. It was ordered that the Lord Mayor and aldermen of London should have a copy of the same and make answer thereunto upon Wednesday the 10th inst. [Copy. ¾ p.]
May 3. 46. Draft of the preceding order. [¾ p.]
May 3. 47. Order of Council upon the petition of Robert Gray, Francis West, John Venn, and others, citizens and wholesale tradesmen of London. Recites the petition as already calendared in this present Volume, No. 5. Petitioners prayed that they might have liberty of trade at the fairs in Exeter at Whitsuntide and St. Nicholas tide, in Bristol at St. James's tide and Paul's tide, and at Westchester [Chester] at Midsummer and Michaelmas, notwithstanding an order of the magistrates of the said cities, by reason of the infection in London, depriving petitioners of their former liberty in coming into the said cities with their wares. The Council ordered that such of the petitioners as should bring a certificate from the Lord Mayor that neither they, their houses, nor families have been for 6 or 8 months infected of the plague, should be permitted to come to Exeter and to trade there freely during the fair held there in the present month and the beginning of June. Nevertheless the Lord Mayor is to take special care that he give no such certificate to any person, but only to such in whose house he is well assured there is no infection, nor in any house near adjoining, and who have not received any goods from any persons visited. [Draft. 2¾ pp.]
[May 3.] 48. Statement of the grievances of Dr. Bury, Rector of Bradwell [juxta Mare] in Essex. He complained of certain proceedings of the Court of Common Pleas in a matter of two prohibitions at once granted thereout against him, suing for tithe of hay. He also made various exceptions against the suggestions of his parishioners, William Gaywood and William Byatt, who pretended that they were discharged from tithe hay, milk, and herbage of dry cattle, by the payment of winter cheese; this mere pretence being the only ground of their prohibition. [See Vol. cccxlvii., No. 5. 1 p.]
May 3.
Inner Star Chamber.
49. Order of Council upon a petition of Dr. Bury, Rector of Bradwell-juxta-Mare in Essex, setting forth his complaint above mentioned. The Lords having spoken with the Lord Chief Justice and the rest of the judges of that court, declared that the said judges had done in that business nothing but what was just, and that Dr. Bury had no cause of complaint at all. They ordered that for his boldness in presuming to asperse a court of justice he should stand committed, and prayed the Lord Chief Justice and the rest of the judges to direct that the modus decimandi might have a fair trial, and rather at the bar than in the country. [Draft. 1 p.]
May 3.
Inner Star Chamber.
50. The Council to the Warden of the Fleet. To take into his custody Giles Berrey [Bury], D.D., rector of Bradwell, Essex, committed for the cause mentioned above. [Draft. 2/3 p.]
May 3. 51. Petition of Giles Bury, D.D., to the Council. Since his commitment to the Fleet he has submitted himself to the Lord Chief Justice and the rest of the judges of the Court of Common Pleas, who are so well satisfied therewith as to become humble suitors with petitioner for his discharge. Prays order accordingly. [¼ p.] Annexed,
51. i. Lord Chief Justice Finch, Sir Richard Hutton, Sir George Vernon, and Sir Francis Crawley, Judges of the Common Pleas, to the same. Dr. Bury has in so humble a manner represented his sense of the injury and offence done to us, as we cannot but be very well satisfied therewith and become humble suitors for his discharge. 3rd May 1637. [¾ p.]
May 3. 52. Order of Council upon petition of Sir Edmond Sawyer against Sir Francis Knowles the elder, Sir Thomas Vachell, and Isaac Cray. It was ordered that Sir Francis Knowles and Sir Thomas Vachell should have a copy of the petition, and that they be required to send up their answer by Friday the 12th instant, and Cray is required to attend in person at the same time. [Draft. ½ p.]
May 3.
Richmond.
53. Dr. Brian Duppa to [Sir John Lambe ?] If my attendance here would have given me leave I should have waited on you in behalf of our church. But your singular care of the church in general, and your exemplary zeal against the molesters of it, assures me we shall not fail of justice, though I cannot come to beg it of you in person. There is a cause depending in the High Commission against one Ackson [Exon], as cunning and as dangerous a Puritan as any in the pack. His suit is that you would so order it that the depositions against him may be fully read, for otherwise he will find many ways to blind the eyes of his judges. I beseech you to consider the man as he is, and out of your wonted aversion from men of his sect, let him find no more favour than he deserves. I shall not only acknowledge your justice in it, but esteem it a favour, if you please, something the more for my sake, to look narrowly into him. [1 p.]
May 3. 54. Bishop Pierce, of Bath and Wells, to the Council. Report upon reference made to him on the 31st January 1636–7 respecting the conduct of William Stroud, of Barrington, co. Somerset, in reference to the business of shipping. Upon examination I find three things to be cleared; one concerning the assessment upon the tithing of Barrington, where Mr. Stroud dwells, whether it were an over-rate or no; another concerning how Mr. Stroud carried himself; the last concerning certain impediments conceived by Mr. Stroud to hinder the service of his Majesty. On the first of these points the bishop conceives the constable and raters did well in assessing Barrington 4l. 10s. more than Shepton Beauchamp. On the second point he reports various facts in which Stroud's own account of his conduct is contradicted, and he complains that Stroud took the boldness to tell him in the hearing of all the company that he did not examine the sheriff as he should do, and that he did not look upon this business with an indifferent eye. Stroud had been returned as a refuser in four or five places. On the third point the bishop alleges some inaccuracies in two of Stroud's allegations, and in one a personal motive; in one point he agrees with Stroud. [4½ pp.]
May 3.
St. Martin's Lane, London.
55. Sir Thomas Roe to the Commissioners for Saltpetre. Dr. Wren, Dean of Windsor and Registrar of the Order of the Garter, petitioned his Majesty in Chapter, held at Whitehall on the 18th of April last, for the Feast of St. George, against Thomas Thornhill, saltpetreman, for an injury done by his servants in digging down his pigeon-house upon the rectory of Knoyle Magna, Wilts. Whereas the officers of the Order are immediately under the protection of the Sovereign, his Majesty declared his will that the Commissioners for Saltpetre should call Thomas Thornhill before them and cause him to give due recompense to the dean. [1 p.]
May 3. 56. Petition of Peter Wappall, master of the Mary and Anne, of London, to the Lords of the Admiralty. The said ship is freighted by the French Company with cloth and other commodities for Rouen, which commodities have been aboard these 10 days, but she, for want of men who are daily pressed from her, cannot proceed on her intended voyage. Prays order that nine men whose names are underwritten may be permitted to go on the said voyage. [1 p.] Annexed,
56. i. Certificate by Sir John Wolstenholme and another, officers of customs, in verification of the above statement. Custom House, 2nd May 1637. [¼ p.]
May 3. 57. Certificate of Peter Heywood, Justice of Peace for Middlesex, that John Middleton, of Horsham, had taken the oath of allegiance before him. [¼ p.]
May 3. 58. Bill of — Mann, woman's tailor, for various articles in the way of his trade supplied to Mrs. Porter up to this date. Total, 18l. 14s. 11d. [2 pp.]
May 3.
Mincing Lane.
59. Officers of Navy to Lords of the Admiralty. Have called to us some Trinity masters and master shipwrights of the Thames to join with his Majesty's own masters about the defects in the Constant Reformation, and Happy Entrance, in bearing their ordnance too low, who have certified how to render them very serviceable ships, with an estimate of the charge. Have likewise caused the ships lately returned from sea to be surveyed, there being divers defects in them fit to be repaired, especially in the Garland that suffered much harm by an extraordinary storm in January last. Have also added the charge already sustained at Chatham in girdling the St. George and fitting the Swiftsure, Greyhound, Roebuck, Fortune pink, Swan, and Nicodemus frigates, not contained in any former estimates; total 5,295l. Offer to consideration the season of the year for repair of the four ships and two pinnaces in dry dock at Chatham. The Red Lion may be brought into dry dock at Deptford out of hand. The repairing of the graving dock at Chatham is most necessary, and is estimated at 800l. [2 pp.]
May 3.
Whitehall.
60. Lords of the Admiralty to Montjoy Earl of Newport, Master of the Ordnance. To issue 28 barrels of gunpowder at 18d. per pound to the Mayflower, William Beddiloe, master, and 36 barrels to the Pleiades, James Hall, master, employed in his Majesty's service. [Copy. 2/3 p.]
May 3.
Whitehall.
Draft minute of the same for entry in the book of such warrants. [Written on the same paper as the preceding. ¼ p.]
May 3. 61. Entry of the same. [⅓ p.]
May 3. Draft minute of similar warrant for 36 barrels of gunpowder to be supplied to the Richard and Mary, Nicholas Hilson, master. [See above, No. 60. ¼ p.]
May 3. Entry of the same. [Ibid., No. 61, p. 1. 5 lines.]
May 3
Whitehall.
Commissioners and Judges of Appeal for review of sentences given in the Court of Admiralty, to George Feilding, registrar of the Court of Delegates, or his deputy. To receive the appeal of Gaspar Burt against Humphrey Hooke and Thomas Hooke, and thereupon to issue an inhibition to the Judge of the Admiralty for stay of proceedings in the said cause, and a decree for transmission of the whole proceedings before the first court day of Trinity Term next. [Admiralty Register, Vol. cccliii., fol. 9. ½ p.]
May 3. 62. Archbishop Laud to Elizabeth, Queen of Bohemia. Upon the 6th of April I received two letters, the one by Colonel Fleetwood, concerning his employment and the state of that great business, concerning which I can yet say little till we hear again out of France; for the other letter I give most humble thanks that you are pleased to write so nobly about the mistake concerning the King's allowance of 12,000l. a year. Certainly, madam, though I am as much subject to error as any man, yet, in that particular, I am most sure I did not mistake my commission. Concerning giving the title of emperor to the late King of Hungary, his Majesty has not yet done it, nor I believe will he do it in haste to the prejudice of your son, the prince, yet this will be found considerable if (I say if) France and the Low Countries give it him, whether the King's denying it alone will be fit for his Majesty or behoveful for the Prince Elector. As for his Highness being vicar in the vacancy, his Majesty acknowledged you had written to him about it, and that he would give you his own answer. Concerning the fishing, I wrote clearly my own thoughts, and but my own, that the King would have other employment for his navy this summer than to think of it, and therefore I thank you for not making me the author of it. While I write freely and give my reason for what I write, I would not have my name in question. Mr. Dinglye [Dinley] has said no more than your Majesty wrote. Since you desire it, I shall write with my wonted freedom, and assure myself of your constant favour. [1¼ p.]
May 3. 63. See "Returns made by Justices of Peace."
May 4.
Westminster.
64. Warrant for payment of 1,817l. 7s. 3d. to the Earl of Dorset, Chamberlain to the Queen, to be by him disbursed for payment for wares delivered and work done for the use of the Prince and the Duke of York for one year, as by particulars subscribed by the Countess of Dorset, governess to the King's sons, appears. [Parchment. 1 p.]
May 4.
Whitehall.
65. Edward Earl of Dorset to —. His Majesty's pleasure is that you should this afternoon let the Council know that, for some reason best known to himself, he will not now have the cause between Sir Miles Fleetwood and Mr. Tyrell, a lawyer, formerly remitted to the Board, receive any discussion there, but will transmit it to the examination of the Lord Treasurer and Lord Cottington to report to himself. [2 pp.]
May 4. 66. Petition of Sir Robert Willoughby to the Queen. Petitioner's wife being sworn your servant, is since given to the company of John Garnier, who have continually lived together above two years, and yet will not permit petitioner nor his tenants to live quietly in the country. The justices of peace dare not take any course against them, because they are your servants. Prays her "to give the legal course of his Majesty's laws" to right his wrongs. [⅓ p.] Underwritten,
66. i. Minute by the Earl of Dorset, Lord Chamberlain to the Queen, of her Majesty's order upon perusal of this petition, and belief that the suggestions may be true in respect of the absence of Garnier, her servant in ordinary, so long from his attendance, his often failing of promises no more to keep company with Lady Willoughby, and yet his now being with her. The Queen is not only pleased, but requires that all lawful courses be taken to right the petitioner, and punish this notorious and scandalous kind of life; unto which all justices of peace and other officers are to be aiding, and to take good bonds from Garnier never more to frequent the company of the said Lady Willoughby, to her disgrace, his ruin, and the ignominy of all good government. St. James's, 4th May 1637. [½ p.]
May 4. 67. Petition of divers baymakers of Coggeshall, Bocking, and Braintree to the Council. By reason of the decay of trading, many of them who were work-masters are become workmen. Out of compassion to the multitude of poor in the said towns, and at the request of the justices of peace, petitioners have been encouraged to engage their credits far beyond their stocks in borrowing money upon interest to keep the poor at work. His Majesty's protections granted to John de la Barre and Robert Oxwick, with moneys owing by Charles Attye, detain from them of the said towns above 5,000l., as was manifested to Mr. [Sir?] Henry Nevill on the 1st May instant, so that they have been constrained of late to sell off their bays at great loss. Pray that the above-named merchants may be enjoined, in this great strait, to pay petitioners in the first place, and not to suffer them to disengage their near friends out of bonds, and the remnant of their estates, left in uncertain debts, to be cast upon petitioners. [1 p.]
May 4.
Cressing Temple.
68. Sir Henry Nevill to the Council. In accordance with the order of the Board, returns a certificate of the number of bays remaining in the clothiers' hands in the county of Essex, as likewise what debts are owing to them by merchants that have protections. [Seal with arms. 1 p.] Enclosed,
68. i. Names of the clothiers of Braintree, Bocking, and Coggeshall, with the sums of money owing to them by John de la Barre and Robert Oxwick. By the former, 1,295l. 16s.; by the latter, 2,244l. 11s. 6d. [1 p.]
May 4. 69. Lloyd Pierce, Sheriff of co. Montgomery, to Nicholas. I have sent enclosed a particular of the ship-money imposed upon this county, according to the ordinary division thereof, though being made near thirty [?] years ago, it is no equal way to follow, many parishes being decayed and others improved. For the rates of the clergy, I suppose you shall hear of no complaints, since those few that pay are favourably dealt withal, and many excused for their doctrine and pains in their particular parishes. This county pays with all alacrity to their abilities, but being of itself generally poor, and depending much upon the sale of cattle, are not so ready paymasters as other counties, nor can they before their markets come on. I have levied the most part of the sum imposed upon the county, being 833l. 6s., and returned the same to Sir William Russell by our Shrewsbury drapers. The residue, being somewhat under 100l., remains with the constables and collectors to be accounted for, who say that much thereof is imposed on occupants of lands dwelling in other counties, or on tenants removed, and which cannot be recovered until they find distress on the lands. [Seal with arms. 2 pp.] Enclosed,
69. i. Brief of assessment for ship-money upon every hundred within co. Montgomery, and upon every clergyman. [2 pp.]
May 4.
Whitehall.
Lords of the Admiralty to Montjoy Earl of Newport. We have appointed Anthony Young master-gunner in the St. George during her now intended employment at sea, in place of William Bishop. Pray your Lordship to order an exact survey to be taken of her ordnance stores, and to cause the same to be delivered in charge by indenture to Anthony Young. [Admiralty Register, Vol. cccliii., fol. 13 b. ½ p.]
May 4. 70. Petition of William Furbusher [Frobisher] to the "Commissioners for the Navy." Petitioner was pressed on 19th of April last, being a cooper, to serve in the Royal Defence, and was subsequently arrested on the 27th of the same month, and ever since has lain in prison in the King's Bench. Prays order for his release. [From an underwritten memorandum it appears that petitioner was first arrested for debt by Thomas Ryley, and that he was subsequently detained by his bail, that they might not forfeit their bonds by his absence at sea. 1 p.]
May 4. 71. List of twenty-one persons constituting, as appears by Sec. Windebank's endorsement, the Council of War at St. James's. [2/3 p.]
May 4. 72. Account received this day, according to Nicholas's endorsement, of the produce of two French sloops sold in June 1636 by John Jacob, Sergeant of the Admiralty of the Cinque Ports. Total, 91l. 7s. 0d., from which was to be deducted various charges about the said sloops amounting to 45l. 1s. 3d., so that there remained 46l. 5s. 9d. [1 p.] Annexed,
72. i. Inventory and appraisement of the said two sloops, taken by Thomas Teddeman and Thomas Cullen, Commissioners, on the 1st of September 1636 [sic]. Total, 91l. 7s. 0d. [1 p.]
May 4. 73. Abstract of the Saltpetremen's Requests, addressed to the Lords of the Admiralty, as commissioners for the business of saltpetre, with notes of the answers of the Lords in the handwriting of Nicholas. They solicited a reduction of the payment for carriages, which was denied, and various alterations in practice and stringent directions for the punishment of those who opposed them, to which the Commissioners replied generally that upon every complaint they should have a remedy. [1¾ p.]
May 4. 74. Draft of the abstract of the Saltpetremen's Requests above calendared, with a variety of alterations made in it before it assumed the shape in which it finally was presented to the Commissioners. [1¼ p.]
May 4. 75. Propositions touching a renewed appointment for making saltpetre, by Alexander Harris. Harris solicited a grant for London with a surrounding circuit of twelve miles and the county of Hants, undertaking to deliver weekly 6 cwt., and leaving eight other shires which he had formerly held to be disposed of. [2/3 p.]
May 4. 76. Examination of Philip Eden, of London, upon interrogatories exhibited on the part of Sir Edward Mosley, Attorney-General of the Duchy of Lancaster, by relation of Sir John Heydon, complainant, against Thomas Doods and others, defendants, being a suit respecting the right to take wreck at Siderstone [Sidestrand], Norfolk. The interrogatories are annexed. [8½ p.]
May 4.
Lambeth.
77. William Dell, secretary to Archbishop Laud, to Sir John Lambe, Dean of the Arches. My Lord has commanded me to send you a piece of poetry. One Freshfield in the court is thought to be the author of it. Pray let him be well examined about it. Dr. Aylett can inform you more. The business about my countryman, Mr. Burford, is returned; I beseech you to see that the poor man Wilcox be no further worried by him in that court. My Lord thinks it long ere he see you. [1 p.]
May 5.
Westminster.
78. The King to Lord Keeper Coventry. Warrant to cause to be made forth Letters Patent to Edward Broomfield, Lord Mayor, and William Abell and James Jarrett, sheriffs of London, and the lord mayor and sheriffs for the time being, and also to Sir Henry Mildmay, Sir Henry Spiller, Sir Thomas Fowler, Sir George Whitmore, Sir John Franklin, Sir William Roberts, Edward Johnson, Nathaniel Bacon, George Long, William Carter, Robert Downes, Miles Hull, John Cordell, William Stokes, Francis Jackson, Robert Browne, John Marston, Ralph Hartwell, Henry Johnson, William Jackson, John Dickinson, James Heydon, and Benjamin Austen, appointing them commissioners for putting in execution a statute of 33rd Henry VIII., whereby it was enacted that all men under 60 years of age should exercise shooting in long bows, and have continually bows and arrows in their houses, and that men-children between 7 and 17 years should be taught and brought up in the knowledge of the same, and that all unlawful games should be suppressed. [Seal removed. Memorandum that the warrant was delivered to the Lord Keeper on the 7th June 1637. Parchment; 1 skin.]
May 5. 79. Petition of Sir Robert Poyntz to the Council. In Easter term 1636 a cause was heard in Chancery, wherein Sir John Lawrence and his wife were plaintiffs, and petitioner and his wife defendants (petitioner's wife and Lady Lawrence being sisters and coheirs), and upon the hearing some part of the cause was referred to Mr. Justice Hutton. On 1st July following, Mr. Justice Hutton, being mistaken or abused, made his report, as by consent of the parties, and thereby appointed petitioner to pay to Sir John Lawrence two sums of money of which Sir John has heretofore received payment. Sir Robert sets forth the various inconveniences and injuries likely to result to him from Mr. Justice Hutton's report, and prays the Lords to call Mr. Justice Hutton to declare whether petitioner or his wife gave any assent to the same. [¾ p.]
May 5.
Inner Star Chamber.
80. Order of Council upon a petition of the Mayor and Burgesses of Bristol, showing that in Trinity term 1635 certain alehouses recently erected at Crewkerne Pill, co. Somerset, were by decree of the Exchequer declared to be prejudicial to his Majesty's customs, and a manifest hurt and damage to the city and port of Bristol, and were ordered to be demolished, which decree, although it had been served upon Richard Morgan, owner of the said houses, had not been obeyed, whereupon a writ was directed to the sheriff to demolish them, yet nothing had been therein done. Reciting also a petition from the justices of peace in December last on behalf of the inhabitants of the said houses. The Lords, conceiving that the occupants of the said cottages have had sufficient time to accommodate themselves, do not think fit any longer to stay the execution of the said decree, but leave the petitioners to proceed according to such writ as the Court of Exchequer shall award. [Intended original order, but altered and converted into a draft. 1½ p.]
May 5.
Inner Star Chamber.
81. Similar order concerning the difference between the Canons Residentiaries and the Prebends of the Cathedral of Exeter, formerly referred to the Archbishop of Canterbury and the Lord Keeper, and by them appointed to have been heard this day. Recites a petition alleging that there is a treaty of peace in agitation between them, and that the ways being dangerous, in regard of the sickness, they desired a further day in Michaelmas term. Friday, the 26th October, was appointed accordingly. [Draft. ½ p.]
May 5. Petition of John Carse, D.D., to the King. Petitioner is possessed of the rectory of Brixton Deverill, Wilts. Prays dispensation to hold therewith the rectory of Hampstead Marshall, Berks, being about 34 miles distant. [See Vol. cccxxiii., p. 71. Copy. ½ p.] Underwritten,
i. Minute that the King grants petitioner his desire, and the Clerk of the Signet is to prepare a bill accordingly. Whitehall, 5th May 1637. [⅓ p.]
May 5. Petition of the Fraternity of Glaziers of London to the King. Divers persons using the trade of glaziers and painters of glass in London use many deceits in the draught of their lead beyond the proportioned length for the weight thereof, in keeping rules of a prohibited length, in working false and deceitful materials, and in handling the same falsely. Pray for an incorporation of the present freemen of that trade within London and five miles compass. [Copy. See Vol. cccxxiii., p. 94. = 2 pp.] Underwritten,
i. Reference to the Attorney-General to certify his opinion. St. James's, 5th May 1637. [6 lines.]
ii. Report of Attorney-General Bankes. I do not discern any inconvenience if your Majesty please to incorporate the petitioners. [⅓ p.]
iii. Further reference to the Attorney General to prepare grant of incorporation. Whitehall, 5th June 1637. [¼ p.]
May 5. Petition of Thomas Coles, his Majesty's servant, to the Council. Petitioner being possessed of a lease for 400 years of a house and land lying at Beestor [Beeston ?], co. York, under the yearly rent of 10s., about the end of Queen Elizabeth's reign, by deed made to twelve feoffees, freely gave the same after his death to Beeston Chapel in the parish of Leeds for maintenance of a minister for reading divine service according to the Church of England, since which time one Mr. Wood has passed the whole lordship in fee farm, and found an office for petitioner's lands, and gives forth speeches that after petitioner's death he will pay no rent. Prays order for granting letters of mortmain or to settle the due performance thereof by some other way. [Copy. See Vol. cccxxiii., p. 85. 1 p.] Underwritten,
i. Minute of the desire of the Lords that one of the Secretaries of State should move his Majesty hereupon in the name of the Board. Inner Star Chamber, 5th May 1637. [4 lines.]
ii. Reference from his Majesty to the Attorney-General to prepare a bill of mortmain and to do any other thing conducing to the settling the land to the Church. Whitehall, 14th May 1637. [¼ p.]
May 5. 82. Order of Council that the Lord Mayor return a survey of all houses in the city of London and within three miles of the same which have been built within seven years last past, according to a letter of the 8th March last, or that upon Sunday next some of the aldermen of the city attend the Board and give account what they have done therein. [Draft. 1 p.]
May 5.
Inner Star Chamber.
83. Similar order made upon hearing the complaint of the Soapmakers of Westminster against Martin Wighton, convented before the Lords for having sold unlawful soap, and for resisting the officers of the corporation when they came to search his house, and for suing the said officers. Their Lordships ordered that an annexed paper containing the corporation's complaints be sent to the SolicitorGeneral, who is to take order that Wighton withdraw his actions brought against the said officers, and make them satisfaction for their losses and trouble, or else to certify the Board. [Draft. 1 p.]
May 5.
Whitehall.
84. The Council to a person unnamed. Warrant to repair to the houses of any merchants, or others where you shall understand any potashes or lees are remaining to be sold to undue soapmakers, and having seized the same to acquaint the Lord Mayor of London or Thomas Overman therewith, who are to take off the same at prices reasonable; and if any person shall oppose you in the execution of this warrant, the next justice of peace is to bind over such person to attend the Board. [Copy. 1 p.]
May 5. 85. Draft of the preceding, with a memorandum that warrants of the same tenor were directed to John Hayes, of London, John Hardwick, of London, and another to Nicholas Towers, of York, or Thomas Woodstock, of London. [Draft. 1 p.]
May 5. 86. Order of Council. Upon a petition of Thomas Holt and John Holt, sons and executors of Henry Holt, deceased, late deputy victualler of the navy at Portsmouth, showing that a great debt of 5,300l. and upwards had been disbursed by their father for his Majesty's service and was due by Mr. Alcock and Mr. Lewis, accountants to Sir Allen Apsley, their lordships, having called before them the auditor of the imprest and the executors of Sir Allen Apsley, ordered that his Majesty be moved for renewing a protection to Thomas Holt and John Holt for one year longer. [Draft. 1½ p.]
May 5. 87. The like. The auditors of the imprest, the executor of Sir Allen Apsley, and Stephen Alcock, agent for Sir Allen, employed for victualling the navy from 1625 until the death of Sir Allen, being called before the Lords to explain why the accounts of Sir Allen are not perfected, and their Lordships being informed that the same are not delivered in upon oath according to the course of the Exchequer, and that the books of account for 1626 and 1627, when the navy was managed by commission which required that all books of account should be vouched under the hands of four of the commissioners, are signed only by three commissioners, by reason whereof the auditors could not give allowance of what is demanded upon the same. It was ordered that the executor of Sir Allen shall, for so much as concerns his part, perfect the accounts according to the course of the Exchequer, and that the auditors prepare the accounts for so much as they shall have vouchers, and disallow the rest, such accounts to be ready by the end of this term to be presented to the Lord Treasurer and Chancellor of the Exchequer to be allowed by them according to the ordinary course. [Draft by Nicholas. 12/3 p.]
May 5. 88. Minute of Order of Council for discharge of Robert Lord and Elkington Kirke, of co. Leicester, committed to the custody of a messenger for their sauciness in pressing into the Council Chamber in the time of their Lordships' sitting. [Draft. 5 lines.]
May 5. 89. Minute of the discharge of John Hildesley, Mayor of Christchurch, Hants, from further attendance upon the Board. [3 lines.]
May 5. 90. The Council to the Warden of the Fleet. To take into his custody the person of Sir Robert Pointz, and to keep him prisoner till further order. [Minute. 1 p.]
May 5. 91. The same to the same. To set at liberty Giles Bury, D.D. [Minute. ½ p.]
May 5.
Inner Star Chamber.
92. The same to Henry Keyme, messenger. To fetch up Thomas Reynolds, of Colchester, baymaker. [Draft. 1 p.]
[May 5.] 93. Petition of Robert Broome, William Newton, and Edmund Whiting, of Colchester, weavers, to Henry Earl of Manchester, Lord Privy Seal. Upon their petition against Thomas Reynolds, of Colchester, bay and say maker, and William Aracre, an attorney of Colchester, your honours having sent a messenger for Reynolds to answer on Wednesday next, petitioners pray that direction may be given to call in Aracre, he being in town "and the only cause of all our trouble," and also to call Thomas Wade, John Langley, and Thomas Lawrence, three aldermen of Colchester, and William King and Thomas Crosse, free burgesses, they being all in town, in order to manifest the truth of petitioners' complaint, petitioners being very poor men and unable to lie here at charges. [½ p.]
May 5. 94. Receipt of Sir William Russell for 920l. paid by George Buller on behalf of Sir Richard Buller, sheriff of Cornwall, in part of 5,500l. ship-money charged upon that county by writ of 12th August last. [¾ p.]
May 5. 95. The like for 800l. paid by Edward Phillips on behalf of Sir Edward Harrington, sheriff of co. Rutland, in full of the ship-money charged upon that county by writ of 12th August last. [¾ p.]
May 5. 96. The like for 42l. paid by Myller Lewes late bailiff of New Rodney [Radnor ?], on behalf of Morris Lewes, late sheriff of co. Rodney [Radnor ?] in part of 5,000l. ship-money charged upon North Wales, by writ of 4th August 1635. [¾ p.]
May 5. 97. The like for 220l., paid by Samuel Cooper, on behalf of the bailiff of Great Yarmouth, in part of 8,000l. ship-money charged upon Norfolk by writ of 4th August 1635. [¾ p.]
May 5. 98. Minute of a pass by the Council for John Middleton, of Horsham, to travel for three years, with proviso not to go to Rome without special licence. [½ p.]
May 5. 99. Minute of a similar pass for Madame Perronne, her Majesty's midwife, M. de la Planche, her son, her kinswoman, and Marie Chevaliu [sic], to embark at any of his Majesty's ports. [½ p.]
May 5/15.
Lyons.
100. Thomas Windebank to his father, Sec. Windebank. I received at Turin a letter from you by Mr. Baiford. I hope ere long to reach England; for I expect not to be altogether free of my ill companion, the quartan ague, until I shall do duty to you, and my own natural air contribute to my recovery. I thought to have passed by Turin without making myself known at Court, but his Highness being informed of our arrival, sent the President Pelenino, a counsellor of state, to visit us and invite us to Court, where we received much honour from the Duke and Duchess. I hope I shall not need to make any long stay at Paris. [1 p.]
May 5/15.
Lyons.
101. Francis Windebank to the same. We arrived at Lyons, having very well passed the most troublesome mountains. Our stay at Turin was four days, where we received great honour from the Duke. We are hastening to Paris. [2/3 p.]
May 5. 102. Funeral certificate [by William Ryley] of William Lord Petre, who died at Thorndon, Essex, this day, and was buried in a family vault at Ingatestone. He married Katherine, second daughter of Edward Earl of Worcester, by whom he had issue seven sons: 1. Robert, now Lord Petre, who married Mary, daughter of Anthony Viscount Montague, of Cowdry, Sussex; 2. William, who married Lucy, daughter of Sir Richard Farmer, of Somerton, co. Oxford; 3. Edward; 4. John, died young; 5. Thomas, who married Ursula, daughter and heir of Walter Brooke, of Lapley, co. Stafford; 6. Henry; 7. George; and four daughters,—1. Elizabeth, married to William Sheldon, of Bely [Beoley], co. Worcester; 2. Mary, married to John Lord Teynham; 3. Katherine, married John Caryl, son of Sir John Caryl, of Harting, Sussex; 4. Anne, died young. [Draft. 1 p.]
May 5.
Whitehall.
Lords of the Admiralty to Montjoy Earl of Newport. Anthony Young is appointed master-gunner in the St. George until she return from sea, in lieu of William Bishop, who is to be mastergunner in the Defiance during that time. Pray your Lordship to order a survey of the gunners' stores aboard the Defiance, and the remains to be delivered over to William Bishop by indenture. [Admiralty Register, Vol. cccliii., fol. 14. Copy. ½ p.]
May 5. 103. Memorandum signed by John Gwillim and two others that Clement Laniere tendered 5l. to Emilia Laniere for Michaelmas and Lady Day quarters, which she refused. [7 lines.]
May 6. 104. Petition of Anthony Birkin and Henry Mills to the King. Petitioners having for divers years used the trade of soapboilers in Bridgwater, in obedience to your Majesty's command forbore the same, yet about two years since they applied to the Council that they might be allowed to boil some small quantity of soap for the maintenance of themselves and their families, whereupon the Board ordered the governor and assistants of the patentees to attend the Board, but they failing to attend, and the sickness increasing, petitioners since Michaelmas last for relief of their wives and children boiled soap to the value of 53l. 12s. 0d. The moiety thereof has been lately seized by the patentees, being petitioners' whole estate. Pray order for restoration of their soap and for allowing them for the future to boil a certain quantity yearly within that town, paying for the ton his Majesty's rates. Underwritten,
104. i. Reference to the Council to give such direction for petitioners' relief as shall be thought meet. St. James's, 6th May 1637. [1 p.]
May 6. 105. Petition of Sir Robert Poyns [Poyntz] to the Council. Being lately committed for indiscreet carriage towards Mr. Justice Hutton, he is very sorry, and has attended the judge, who most willingly has remitted the error and is a suitor for petitioner's liberty. [1 p.] Annexed,
105. i. Sir Richard Hutton to the same. Sir Robert Poyntz has been with him, and has acknowledged his error and given him full satisfaction. Entreats the Lords to remit his error and restore him to his liberty. [¾ p.]
May 6.
Whitehall.
106. Notes by Nicholas of business to be transacted at the Commission for the Admiralty. Hear differences between Edward Sydenham, Captain of Portland, and Mr. Napper, Deputy ViceAdmiral there. Mr. Thornhill, the saltpetreman, to answer his failing to bring in his full proportion of saltpetre (see 29th April, Nos. 123, 125). Consider Sir Henry Palmer's answer touching his exempting the fisher boats of Colchester from being pressed. Petition of Dutchmen come out of Ireland belonging to a ship carried thither by Sir Beverley Newcomen. Duchess of Buckingham desires order for payment of money due to the late Lord Admiral for his employment to the Isle of Rhé. Mr. Goodwin, one of the masters-attendant at Portsmouth, desires leave to go to Ipswich for three weeks. [¾ p.]
May 6. 107. Capt. William Smith to Lords of the Admiralty. Richard James being pressed by the boatswain of the Prudence, tore in pieces the boatswain's warrant, and wounded the boatswain, for which he was carried before Sir Thomas Jay, justice of the peace, who, without any examination, bade the constable carry him to gaol. The keeper receiving no warrant for his detainment, after some time let him go, and he has since threatened the death of the boatswain. The captain of the Prudence thereupon going to Sir Thomas and entreating him to call before him the keeper of the prison for the escape, was not only denied justice, but was comcommanded by Sir Thomas to put off his hat, and the constable was commanded to disarm him. [¾ p.]
May 6. Minute of the appearance of Richard Cooper in custody of a messenger before the Lords of the Admiralty. Ordered to remain in the messenger's custody. [Admiralty Register, Vol. cccliii., fol. 14. ⅓ p.]
May 6.
Whitehall.
Lords of the Admiralty to Officers of the Navy. Understand from the Lord Deputy of Ireland that the Swallow, carrying the flag of Sir Beverley Newcomen, admiral on the coast of Ireland, has spent her mainmast and intends to put into Bristol for a new one. To give order that she may be supplied. Understand also the carpenter of that ship affirms that the reason why she has spent so many masts is because she requires a greater mast than can be furnished of one tree. Recommend the same to be well considered. [Admiralty Register, Vol. cccliii., fol. 14 b. ¾ p.]
May 6.
Whitehall.
The same to Keeper of the Marshalsea. To set at liberty Henry Dunning, he paying all fees. [Ibid. ¼ p.]
May 6.
Whitehall.
The same [to the same]. To take into his custody Richard Cooper and to keep him safe prisoner until further order. [Ibid., fol. 15. ¼ p.]
May 6.
Whitehall.
The same to Montjoy Earl of Newport. The Fortune pink is to be prepared as a kitchen to carry provisions for the Earl of Northumberland, admiral of the fleet appointed for the present expedition. Pray your Lordship to order that vessel to be furnished with ordnance and gunners' stores. [Ibid. ⅓ p.]
May 6.
Whitehall.
The same to Officers of the Navy. Understand by the Earl of Northumberland, general of the fleet set forth the last year, that he employed Thomas Barlow to muster the men belonging to the said fleet. He performed the same to the advantage of his Majesty's service. Has hitherto had no allowance for the same. Pray them to give warrant to the Treasurer of the Navy to pay him after the rate of 3s. 4d. per diem. [Ibid. ⅓ p.]
May 6. 108. Petition of Leonard Cornelison, master of the Hope, and Hubert Adriaenson, master's mate, to the Lords of the Admiralty. Petitioners being in the service of the Dutch West India Company, had taken a prize called the St. Domingo, and mistaking their course homeward had brought the prize into Milford Haven, whence, under pretext of piracy, they were carried with their ship and prize by Sir Beverley Newcomen to Dublin, and there detained eight months, none prosecuting against petitioners. The prize is become a wreck, and the Hope taken by the Lord Deputy for his use at the rate of 500l. Petitioners at length are released and suffered to go for England upon bail of 1,000l. by Theodore Scouten, factor for the Dutch, that petitioners shall not depart from London before a certificate be sent from the Admiralty Court at London to the Admiralty Court of Dublin, that nothing is objected against petitioners in the court in London, and that the goods of the ship and prize be put in the hands of the said Scouten upon bail of 3,000l. Pray that a certificate may be taken out of the Court of Admiralty as required, so that, after many months' durance, they may go to their wished home, and the goods be disposed of to the best use of the owners. [1 p.] Underwritten,
108. i. The Lords of the Admiralty to Sir Henry Marten. To call the parties before him and to certify what he conceives fit to be done. [1 p.] Annexed,
108. ii. Sir Henry Marten to the Lords of the Admiralty. I find in the office of the Admiralty neither accusation nor information against petitioners, yet because the Lords before acquainted me with some passages concerning this business, I sent for his Majesty's Advocate, Dr. Rives, and required him to frame some interrogatories against these petitioners, and to cause them to be examined upon oath, which is done. I conceive there is just cause to dismiss petitioners with their goods home to their country, since, by the death of Sir Beverley Newcomen, there is no further hope for them to recover satisfaction for their former sufferings. 11th May 1637. [1 p.]
May 6. Minute of the above petition with copy of the underwritten reference. [Admiralty Register, Vol. cccliii., fol. 15 b. ¾ p.]
May 6. The like of petition of Rice Thomas, master-gunner of the Tenth Lion's Whelp, to the Lords of the Admiralty. Petitioner was master-gunner of the said pinnace under the Earl of Lindsey. Came short 2½ barrels of powder in his account, for which he was committed 15 weeks, and lately again committed from the Admiralty Court to the Marshalsea, where he has remained 10 weeks, nothing being proved against him concerning the said powder. Prays his freedom and restoration to his place. [¼ p.] Underwritten,
i. Reference to Sir Henry Marten to certify how the case stands and what he conceives fit to be done. Whitehall, 6th May 1637. [Ibid., fol. 17 b. 1/6 p.]
May 6. 109. Account rendered by Edward Fenn on behalf of Sir William Russell of ship-money remaining unpaid upon writs issued in August 1635. Total, 10,307l. 15s. 10½d., of which Nicholas notes that 259l. has been paid this week, and that with other deductions the arrear was reduced to 9,491l. [1 p.]
May 6. 110. The like of moneys received and in arrear upon writs issued in August 1636. Total received, 93,088l. 13s. 2d.; remaining unpaid, 163,511l. 6s. 10d. [1 p.]
May 6. 111. Account of ship-money levied upon writs issued in October 1636, but remaining in the hands of the sheriffs; total, 20,527l., making with the 93,088l. paid to Sir William Russell 113,615l. as the total sum collected. [1 p.]
May 6. 112. Receipt of Sir William Russell for 25l. 2s. 0d. paid by Robert Grabham, portreeve of Yeovil, in part of 80l. ship-money charged upon that town by writ of 12th August last. [¾ p.]
May 6. 113. The like for 1,623l. 15s. 7½d. paid by Robert Burbidge on behalf of John Freke, late sheriff of Dorset, in part of 5,000l. ship-money charged upon that county by writ of 4th August 1635. [¾ p.] Annexed,
113. i. Similar receipt for 854l. paid by Edward Vye on behalf of Sir Thomas Trenchard, sheriff of Dorset (besides 1,400l. formerly paid), towards ship-money charged upon that county by writ of 20th October then last. Dated 28th April 1635. [1 p.]
113. ii. The like for 220l. paid by John Mainwaring on behalf of John Lockier, mayor of Weymouth and Melcombe Regis, towards ship-money under writ of 20th October then last. Dated 9th May 1635. [1 p.]
May 6. 114. Petition of Robert Laxton, clerk, parson of Normanton, co. Rutland, to Archbishop Laud. Having been careful to avoid scandal in his conversation, and to practise and preach the conformity and orthodox doctrines of his holy mother the Church of England, he has of late suffered much abuse and injury by one Thomas Bowyer, a barber, who, upon no just occasion, in the presence of some brethren of the clergy and others of good quality, not only reviled petitioner with ignominious terms, as fool, ass, stinking fellow, base fellow, and the like, but also further wronged him by pulling him by the beard in scornful manner, violently rushing his elbow upon his breast, flinging a glass of burnt wine into his eyes, beating him with his fist, kicking him with his feet, throwing a candlestick and a stool at him, striking him with a crabtree cudgel, drawing blood of him in divers places, tearing his priestly habit, and acting divers other barbarous insolencies, besides menaces of further violence hereafter. Petitioner prays, in regard he is of small estate and cannot be absent from his pastoral charge personally to prosecute this cause, that Bowyer may be prosecuted ex officio. [¾ p.] Underwritten,
114. i. Archbishop Laud to Sir John Lambe. Desires him to take order that an attachment be awarded for this barber, and the cause be followed ex officio. 6th May 1637 [¼ p.]
May 6. 115. Bond of Gabriel Easenwood, her Majesty's coachman, and Richard Ellis, of St. Martin's-in-the-Fields, carpenter, in 40l., conditioned for their attendance on the 2nd June next before the Council at the Star Chamber. [1 p.]
May 6. 116. Affidavit made in a cause of Katherine Viscountess Conway, plaintiff, and Edward Viscount Conway, defendant, by George Rawdon, that the commission of rebellion upon which the order was granted in this cause for a sergeant-at-arms was grounded only upon an attachment for non-payment of 400l., which sum had been paid in manner in this affidavit mentioned. [1 p.]
May 6.
At the Rolls.
117. Order of the Master of the Rolls, Sir Edward Salter, and Sir Edward Clarke, in the suit mentioned in the preceding paper. Recites an order of the 26th April last, whereby the sergeant-at-arms was to apprehend defendant for his contempt in not payment of 400l. to the plaintiff, according to a decree made in the ninth year of King Charles. It being now alleged that the said 400l. had been paid in manner stated in the preceding paper, it is ordered that if the plaintiff shall not in a week show cause to the contrary, the contempt prosecuted against defendant is absolutely discharged, which in the meantime is suspended. [1½ p.]
May 6. 118. Certificate of Inigo Jones, that the Endeavour, of Shoreham, was employed for transport of stone from the Isle of Portland to London for repair of St. Paul's, with names of her master and mariners. [2/3 p.]
May 6. 119. Similar certificate for the Comfort, of Weymouth. [2/3 p.]
May 6. 120. The like for the Henry and John, of Weymouth. [2/3 p.]
May 6. 121. The like for the Swan, of Lyme Regis. [2/3 p.]
May 6. 122. Affidavit of Sarah Collins, widow. There was a parcel of gunpowder of 900½ lbs. weight made by her late husband at Chilworth, in Surrey, before the King's works were begun to be erected there, which is the parcel of gunpowder mentioned in deponent's petition to the Lords of the Admiralty. [½ p.]
May 7. Petition of Aubrey Earl of Oxford to the King. Aubrey York being possessed of some personal estate, and having appointed by his last will to give to petitioner, as being his next kindred, the greatest part of his estate, has lately hanged himself. Please your Majesty to grant petitioner the personal estate of the said Aubrey York. [½ p.] Underwritten,
i. The Bishop of Ely, Lord Almoner, shall seize the estate of Aubrey York and detain it till his Majesty's pleasure be further signified. Whitehall, 7th May 1637. [Book of Petitions, Vol. cccxxiii., p. 73. ¼ p.]
May 7. Petition of John Mostyn to the same. Recites grant of the late King, of 1st March 1604, to Henry Johnes and Thomas Johnes his son, of the office of clerk in Chancery, for writing writs of Diem clausit extremum, commissions post mortem, and various others. Also a grant of the same King, of 20th February 1622, of the reversion of the said office to petitioner after the deaths of the said Henry and Thomas. Thomas, the survivor, died on 6th January last, and petitioner is admitted to his office. Thomas Johnes was questioned before the commissioners for exacted fees, and the fees now taken have been in use above 30 years, but there is no allowance thereof. Prays his Majesty to refer the settling of the said fees to such Lords of the Council as he shall think fit. [2 pp.] Underwritten,
i. Reference to the Lord Keeper, Lord Privy Seal, and Lord Cottington, who are to certify. Whitehall, 7th May 1637. [Book of Petitions, Vol. cccxxiii., p. 76. ½ p.]
May 7. Petition of the inhabitants of Barking-cum-Needham, Suffolk, to the King. Recites grant of the late King to Sir Francis Needham, of the manor of Barking-cum-Needham, Sir Francis informing his Majesty that he would, within the said manor, build an almshouse for eight poor folks, and confer upon them 20l. per annum; and erect a free grammar school for the instruction of youth, and confer upon the master 20l. per annum; and upon four poor scholars out of that school, to be instructed at Cambridge or Oxford, 20l. per annum. For better performance of these intentions, Sir Francis besought the late King to grant him the advowsons of the parsonages of Barking and Frostenden, in Suffolk, which his Majesty granted, and Sir Francis made many promises that he would perform the same, but has not performed any part thereof. Petitioners were advised by Sergeant Crewe to prefer an English bill in the Court of Exchequer against Sir Francis, and the suit has depended six years, and much money expended. Petitioners, who are very poor, not knowing how to raise more money, pray the King to refer the hearing of the cause to such persons as he shall think meet. [1¾ p.] Underwritten,
i. Reference to the Archbishop of Canterbury, the Lord Keeper, the Earl Marshal, and Lord Cottington, to settle such order as they shall think fit for the performance of this charitable work. Whitehall, 7th May 1637. [Ibid., p. 80. ½ p.]
May 7. 123. Petition of Dr. [James] Chambers to the same. In petitioner's last grant for collection of certain fines and forfeitures, part of your Majesty's casual revenue, amongst other things is excepted your Majesty's settled revenue, which exception, not being in petitioner's former grant, but inserted without warrant and admitting an ambiguous interpretation, the lawyers know not what to make of it, the word "settled," as applied to revenue, not being in use among them. Please your Majesty to require Sir Robert Heath, the Attorney-General who drew up the grant, to certify what was thereby intended, whereby the Lords' referees may the better proceed to determine the difference betwixt the Earl of Berkshire and petitioner. It will not a little conduce to settling this difference to know upon what particulars of the greenwax the medium was cast up, whereupon the said Earl's patent passed; and whether these particulars were comprehended within the said medium. Please your Majesty also to command the four officers who cast up the said medium to review their certificate, and also to require the clerk of the Crown in the King's Bench, and certain other officers, to certify whether fines or forfeitures upon judgments have been usually estreated as greenwax, or have been accounted parcel of the greenwax moneys. Underwritten,
123. i. His Majesty requires Sir Robert Heath to certify the meaning of his words "settled revenue," and his reason why the same was inserted; likewise the other officers mentioned in the petition to certify as desired. [1 p.]
May 7. 124. Petition of the Mayor and Commonalty of New Sarum [Salisbury] to the King. Your Majesty, by order of the 6th of June last, referred the difference between the bishop, dean, and chapter of Salisbury and the petitioners to the Attorney and Solicitor-General, who have certified that the bishop, the mayor, the dean, and the recorder, and some of the canons and of the aldermen, should be justices of peace within the city and liberties, not delivering any opinion what number of the canons and of the aldermen they think fit. The determination of the number of justices will very much concern the good government of the city, and will prevent future differences betwixt the church and the city. They pray your Majesty to vouchsafe them a hearing of that particular, and to appoint a day for both sides by their counsel to attend. [½ p.] Underwritten
124. i. Appointment by his Majesty to hear and determine the point touching the number of justices on Sunday next, at Whitehall, being the 14th instant. Whitehall, 7th May 1637. [¼ p.]
May 7.
Whitehall.
125. The Council to the Warden of the Fleet. To set at liberty Sir Robert Poyntz, committed for indiscreet carriage towards Mr. Justice Hutton. [Minute. ⅓ p.]
May 7. 126. The like to Alexander Easton, one of the messengers of the Chamber, to fetch before the Lords Sir George Kempe and Sir Richard Letchford, for refusing to pay moneys underwritten by them towards the business of fishing. [Minute. ⅓ p.]
May 7.
Whitehall.
127. Order of the King in Council. A book entitled an "Introduction to a Devout Life" was lately printed by Nicholas Oakes, of London, and many copies dispersed. It is ordered that the AttorneyGeneral draw up a proclamation requiring all persons to send those books to the bishop or chancellor of the diocese to be publicly burnt, as copies already seized have been by his Majesty's command. In which proclamation, notice is to be taken of his Majesty's constant care to uphold the religion professed in the Church of England; as also that the chaplain of the Archbishop of Canterbury, who surveyed the book before it was licensed, had first expunged all the passages in the said book tending to popery; but that the author, translator, and stationer inserted again the said passages, whereof one is apprehended, and the other[s] sought for, to be proceeded against. [Draft. ½ p.]
May 7.
Whitehall.
128. Order of Council on petition of the Mayor of Winchester, appointing Wednesday, the 17th instant, for hearing the difference between the dean and chapter of that city and the mayor, touching the levying of ship-money. [Draft. 2/3 p.]
May 7.
Whitehall.
129. The Council to Justices of Peace for co. Hereford. It is held requisite for the better dispatch of the business of shipping that the high constables of the several hundreds in that county be continued in their offices until that service be finished. The justices are to take effectual order accordingly. [Draft. 1 p.]
May 7 [?]
Inner Star Chamber.
130. The same to Justices of Peace for Surrey, living near Southwark. Notwithstanding the great care taken by the Board for relief of poor infected persons in the parishes of Southwark, as well by collections in that county as by the order of the Star Chamber that the landlords shall relieve their own tenants' necessities, there is no order observed in those parishes, especially in that of St. Olaves, to separate the sick from those that are sound, nor to keep shut up houses where the contagion is. His Majesty is very sensible of this insufferable disorder, and if the justices take not a better course to suppress such disorders, the Lords will not consider them fit to hold the command his Majesty has reposed in them. [Draft. 1 p.]
May 7. 131. Minutes of answers of several underwriters in the fishing business. Sir George Kempe and Sir Richard Letchford desire to be spared until Michaelmas term. John Ashburnham will speak with the committees or will answer it before the Lords. [¼ p.]
May 7. 132. Receipt of Sir William Russell for 310l. paid by Lawrence Osbaldiston on behalf of Richard Shuttleworth, Sheriff of co. Lancaster, part of 4,000l. ship-money charged upon that county by writ of 12th August last. [¾ p.]
May 7.
Bradninch.
133. The Mayor (William Hooper), the Recorder, Churchwardens, and nineteen others of Bradninch, co. Devon, to the gentlemen of London who are contributors towards the lecture of Bradninch. We tender our hearty thanks for your special love in sending and maintaining a lecturer among us, a man by whose great pains and good behaviour we have received much benefit and hope for a further increase. [1 p.]
May 8.
Westminster.
134. Warrant to pay to Robert Johnston, executor of George Heriot, deceased, late jeweller to his Majesty, 3,947l. 10s. 8d., that is, 2,099l. for jewels sold to the King during the time he was in Spain, with 320l. more for a chain of gold set with diamonds delivered after the return from Spain; 805l. 19s. 8d. for other jewels made and mended whilst the King was in Spain; another bill of 45l. 1s.; another of 254l.; and 423l. 10s. for a jewel delivered to the late Duke of Buckingham to be presented from the King to Count Mansfeldt. [Slip of parchment. 19 lines.]
May 8.
Westminster.
135. The like to pay to the same, as executor of George Heriot, 4,422l. 1s. 9d. for jewels sold and delivered to his Majesty's father. [The like. 18 lines.]
May 8. 136. Draft entry on the Council Register of the appearance of Thomas Reynolds, of Colchester, baymaker, sent for by warrant on the complaint of the bay weavers of that town. [¼ p.]
May 8.
Claverton.
137. William Bassett, Sheriff of Somerset, to the Council. In pursuit of the Lords' order of 16th April 1637, I called the inhabitants of Bridgwater and the tithings of Dunweare, Bower, Horsey, Chilton, and Hampe, part of the hundred of North Petherton, before me and the mayor of Bridgewater, where Bridgwater showed a later charter of the fourth year of King Charles, wherein they are allowed as great privilege within the parish of Bridgwater as they enjoyed by their former charter; and the tithings, on the other part, produced an order made at a general sessions held at Bridgwater in the eighth year of his Majesty's reign, being four years later, wherein Bridgwater with Haygrove only was to pay one-third part with the hundred of North Petherton. I have therefore ordered for this present service that the tithings shall pay wholly to the hundred, allowing the borough 3l. 6s. 8d., it being by the Lords' instructions assessed at that sum more than the just third part with the hundred, and that such goods and persons as are distrained or imprisoned shall be restored; desiring also the mayor, to whom the business was also committed, to join with me in this order, who refuses. [1 p.]
May 8. 138. Receipt of Sir William Russell for 25l. paid by Edward Langford on behalf of Anthony Birken, mayor of Bridgwater, in part of 8,000l. ship-money charged upon Somerset by writ of 12th August last. [¾ p.]
May 8. 139. The like for 3,100l. paid by Robert Keylway on behalf of Richard Rogers, sheriff of Dorset, in part of 5,000l. ship-money charged upon the said county by writ of 12th August last. [2/3 p.]
May 8.
Portsmouth.
140. William Towerson to Jerome Earl of Portland, Captain and Governor of the Isle of Wight, and Vice-Admiral of Hants. Enclosed is copy of the inventory of the Turkish frigate stayed at Hurst Castle and delivered to John Goodwin, master-attendant of the ships at Portsmouth. The valuation was taken by Thomas Wyan at Hurst, and came to 92l. 10s. 10d. The ship is sold by the Officers of the Navy for 10l. 15s.; the ordnance in the Officers' custody is appraised at 17l. 17s.; total, 28l. 12s. [¾ p.] Enclosed,
140. i. Copy inventory of the Turkish ship delivered to John Goodwin 10th October 1636, with his receipt for the same. [1 p.]
May 8.
Claverton.
141. William Bassett, Sheriff of Somerset, to Nicholas. I have endeavoured by all ways and means to collect and pay in moneys for the service of shipping. The sum already received is 4,500l.; that delivered to Sir William Russell, 2,500l. The remainder shall with all speed be returned, being extremely troubled with just complaints of divers that are overrated by the assessors, who deserve the severest of punishments. Pray present the accompanying letter to the Board. [¾ p.] Enclosed,
141. i. Certificate of William Cox, Under-sheriff, to John Malet, late Sheriff of Somerset, of the results of his application to the constables of the hundreds of Chewton, Wellow, Norton Ferris, Bruton, Horethorne, Bath Forum, Bempstone, Williton, Kilmersdon, and Whitley, and to the boroughs of Taunton and Langport Eastover. The majority of them attended the Board to complain of a second assessment made by the sheriff. The total sum in arrear from these several places was 500l. 2s. 10d. [1½ p.]
May 8.
The Swiftsure in the Downs.
142. Capt. Sir John Pennington to Nicholas. I should gladly be resolved what alterations are to be in the fleet, for I hear that Capt. Brett and some others are fallen off; likewise who comes out RearAdmiral; what shall be done in the Palsgrave's business; when the Admiral will be there; and whether they are to go to the northwards or not. Since my last the James, the Convertive, and the Bonaventure are arrived from Portsmouth, but there is no other captain with them but Fogg. The Rainbow and the Vanguard are likewise come from Chatham. The master of a bark which is come from the Western Islands tells me that the Roebuck, Mr. Endymion Porter's pinnace, is returned from the Red Sea and gone into Falmouth with the Dreadnought; also that their Admiral, Captain Oldfield, was cast away upon an island before they came to the Red Sea; Oldfield is dead and most of his men since; notwithstanding it seems that the pinnace has made a reasonable good voyage, for they say the men have shared 20l. a single share. [2 pp.]
May 8.
West Dean.
143. Dr. Matthew Nicholas to his brother Edward Nicholas. I was last week at Winchester and spoke with the schoolmaster concerning my cousin [nephew] John, and made the proposal of sending him thither. He cheerfully entertained the business, and of himself made the offer that John should table in his house. The rate he takes of his boarders is 20l. a year. The writer recommends the schoolmaster's house as the best place. Near the college the rates of tabling are very high, unless it be in mean houses. The master promised that whensoever the writer's cousin goes thither he shall be in the fifth book that he may be altogether under his teaching. Cannot advise that his cousin should be there till after the election. Hopes that when Nicholas's month is ended he will remain in Thorpe, and have the writer's cousins thither; he will promise to accompany them. The writer's poor Betty continues languishing and his wife uncheerful and weak. [Seal with arms. 1 p.]
May 8. 144. Statement of the number of pieces of baize which are on hand in Braintree, Bocking, and Coggeshall; total, 1,405; with notes endorsed by Nicholas, apparently made on an interview with the London dealers in such articles, and a statement of the reasons assigned by them for the present want of trade and consequent distress amongst the makers of these articles. [½ p.]
May 8.
Cranford.
145. Sir Thomas Roe to Elizabeth Queen of Bohemia. I cannot penetrate what will be the instructions of my Lord of Northumberland in the point of the Holland fishers. I believe his Majesty will not be engaged by any promise either to the Prince Elector nor to the States. Until they open the barricado it cannot stand with his honour to recede or begin with them. We have cause to doubt that they hope to necessitate the King by delay of the French treaty. If it be so they err in judgment. That intimation to the Prince cannot be drawn into obligation, unless they had seconded it with some offer of accommodation, in which they are as dry as red herrings. The dream of Madagascar, I think, is vanished, and the squire must conquer his own island. A blunt merchant called to deliver his opinion, said it was a gallant design, but such as wherein he would be loth to venture his younger son. There is not much preparation nor speech of hastening the Prince Elector to sea, though the ships are ready, because the delay of France gives his Majesty reason to pause. Mr. Croft is lately come with letters, that only say they are drawing near a conclusion. Upon two points the Frenchmen demur: not to give the Prince the title of Elector in the body of the treaty; secondly, that the treaty shall not be signed, but ad referendum to the settlement of a more universal league at Hamburgh, and that taking effect, the other shall be of force. For this protraction they allege the Swedes. To me this is a strange winding. The reference to Hamburgh is a child we must not father, but I hear there is some inclination, seeing it can be no otherwise, to take what can be had, and to send to Hamburgh; but that will be delayed until the return of Mr. Berkeley, of whom we have heard nothing but that he has lately passed the Sound. New offers made by the Spanish ambassador, but I see no inclination in his Majesty. If his Majesty resolve to send an ambassador to the general treaty at Hamburgh, the Prince Elector's presence will give great reputation to the cause. To be seen in the empire will encourage his friends. If at that treaty his Majesty may be induced to contribute 100,000l. for two years, to be disposed for the Prince, I am confident the Swedes will accept it, and his Majesty will be enabled to pay it by the shipmoney. If this design be pursued, I shall revive in my hopes; if not, I despair of all projects and airy Indian conquests. Whether his Majesty will employ me or not, I know nothing but my affection to serve him. From France it has been desired; if commanded, I will obey. If this proposition proceed, Prince Rupert may be a fit admiral for his brother. Our design, mentioned in my last, has found many impediments. The projectors fall off, seeing we are so wary to offend Spain. If his Majesty declare himself, all will follow; without him, we and all our projects are but a vain breath and bubble. I have obeyed your commands to my Lord of Canterbury, who acknowledged that he had been informed by a great man that the Queen misinterpreted his affection to serve her. Who it was did this charity he would not tell me, but gave me full assurance that he had received more than satisfaction by your own letters, which he was then ready to answer, and would so fully express himself as you should have no cause to doubt his resolution to do you service. I cannot but with joy and thankfulness thank your Majesty that you have accepted my child, whom I loved because she came from you, and for your service only I bred her. [Copy. 2½ pp.]
May 9.
Westminster.
146. Warrant to pay to Sir William Russell, Treasurer of the Navy, 10,861l. 12s., imprest on his account over and above 16,647l. 4s., already issued, for the new building and finishing the carpentry, painting, joining, and carving of the hull of "our great ship at Woolwich." [Strip of parchment. 11 lines.]
May 9. 147. Lord Keeper Coventry and Secs. Coke and Windebank to the King. Draft report upon a reference of a petition of the mayor and jurats of Dover, already calendared under date of 2nd May instant, No. 20. [1 p.]
May 9. Petition of [Dr. Christopher Wren], Dean of Windsor and Wolverhampton, and the Prebends of Wolverhampton, to the King. The said dean and prebends are an ancient foundation, and one of your Majesty's free chapels founded in the church of Wolverhampton, and have several lands belonging to every of them, but are one rector of the church with cure of souls, and used to take the tithes thereof in common until Edward VI., when some of the prebends aliened their possessions in fee-farm for small yearly rents, by means whereof Sir Walter Leveson enjoyed the same for a long time, until two of the succeeding prebends commenced suit in Chancery for recovery of the church's rights and obtained a decree. But before restoring the prebends Sir Walter died, leaving his son, Thomas Leveson, your Majesty's ward; whereupon, during his minority, the possessions have been withheld from the church. Now, as the ward is of full age, petitioners pray your Majesty to give order that the profits of the church be sequestered till the tithes be tried. [Copy. See Vol. cccxxiii., p. 78. 1¾ p.] Underwritten,
i. His Majesty is pleased that Lord Cottington either take present order for sequestration, as is desired, or certify what is fittest in equity to be done for reparation of the church in their losses complained of. Whitehall, 9th May 1637. [Ibid., p. 80. ½ p.]
May 9. 148. Petition of Paul Micklethwaite, D.D., Master of the Temple, and one of his Majesty's chaplains in ordinary, to the King. There is a legacy of 100l. given by Sir John Fenner, deceased, some years since, for plate and other ornaments of the communion table or altar in the Temple church (now to be disposed of), in which church the altar or holy table, pulpit, and reading-place are not placed so decently as in other churches. The church of the Temple has ever been a church of eminency, and a choir church, exempt from episcopal jurisdiction, and first subject to the Knights Templars, then after to the Hospitallers, and now immediately to your Majesty. Petitioner being appointed by your Majesty to rule and govern House and Church, and all ministers of the Church, as well lay as clergy, being most ready to observe conformity to the Royal Chapel and other churches of this quality in disposing the said places, yet fearing some exceptions in these times, petitioner prays the manifestation of your Majesty's pleasure touching the premises. Petitioner further shows that there is no vestry in the said church, for want whereof the ornaments of the church have been hitherto stolen and embezzled, and that the Fine Office, without any title, detains a consecrated chapel annexed to the church to keep their records. Prays his Majesty to command the master of the said office to provide some other place for keeping his records, that so this consecrated place may be restored to the church and serve for a vestry. [1 p.]
May 9. Copy of the preceding petition, with minute underwritten of command of his Majesty that the communion table, pulpit, and reading-place be ordered and placed as decently as in his own Royal Chapel, and that the Lord Keeper and Lord Treasurer shall take care as well for the employment of the 100l. bequeathed for plate as for clearing the ancient chapel and restoring it to the use of the church. [Book of Petitions, Vol. cccxxiii., p. 83. 2 pp.]
May 9.
Whitehall.
149. Order of Thomas Earl of Arundel and Surrey, the Earl Marshal, and Edward Earl of Dorset, under his Majesty's reference of the 22nd April last, upon a petition of Matthew Foster [Forster ?], vintner of London, calendared under that day, No. 53. We having convented before us William Kempster, Alexander Ovid, John Lee, vintners of London, and Thomas Hungate, for a false and malicious scandal raised by them and by one John Idle, who had contemptuously made default, they being convinced by proof to have contrived and published that the said Foster was broken and had a protection, which was affirmed to be so published by the said Idle to the farmers of the Great Customs, and both in the city and county to his great disadvantage and the profit of the contrivers. All which upon examination appearing to be utterly false and maliciously contrived, we thought good to commit Kempster, Ovid, Lee, and Hungate to the Marshalsea, there to remain until they shall become bound with good sureties in the sum of 500l. apiece to appear and answer Foster in such of his Majesty's courts of justice as he shall think fit to proceed against them, we conceiving the damage thereby sustained by him to be exceeding great. We have further ordered that John Idle shall be sent for by a messenger to answer his accusation and contempt, with this further direction, that the commitment of the said persons is to deter others from raising like false and scandalous reports of men in trade. [Draft. 1½ p.]
May 9. 150. Another previous draft of the same. [1 p.]
May 9. 151. The Earl Marshal and the Earl of Dorset, referees upon the petition of Matthew Foster [Forster ?], to the King. Report of their proceedings against William Kempster, Alexander Ovid, John Lee, Thomas Hungate, and John Idle, as set forth in the preceding order. [Copy or draft. 2/3 p.]
May 9. 152. The Earl Marshal and the Earl of Dorset to the Keeper of the Marshalsea. To take into his custody William Kempster, John Lee, Alexander Ovid, vintners, and Thomas Hungate, stationer, and to keep them safe prisoners till further order. [Minute. ¼ p.]
May 9. 153. The same to a messenger unnamed. To search for and arrest John Idle and to keep him safe until further order. [Draft. ⅓ p.]
[May 9.] 154. Draft condition of bond to be given by William Kempster, John Lee, Alexander Ovid, and Thomas Hungate for their appearance to answer Matthew Foster [Forster] in such court of justice wherein he should be advised to proceed against them. [Draft. ½ p.]
May 9.
Whitehall.
155. Order of Council. The Lords being informed by Mr. Comptroller of his Majesty's Household that whereas heretofore they were wont to take up of foreign bay salt imported a sufficient proportion for the use of the household at a low rate, now, since foreign salt is prohibited, there has not been enough brought into the port of London to furnish the city of London and to supply his Majesty's occasions. It is ordered that the English and Scottish corporations shall be required to furnish his Majesty's household with a sufficient proportion of good salt at the same rates as formerly, or else that the officers of the green cloth shall take up of the said corporations or elsewhere such quantity as shall be requisite, and at the same prices as were accustomed before the said incorporations were granted. [Copy. 1¼ p.]
May 9.
Whitehall.
156. Order of Council upon petition of the Saltmakers of South and North Shields, complaining that the multitudes of refiners of salt, if not restrained, will be a means to hinder his Majesty's profit and the company in their undertaking, because they will be the occasion of importation of foreign salt, and because by their manner of refining they multiply the quantity of salt. It is ordered that no new works be henceforth erected or any old works enlarged for refining or melting salt, but that works already erected are to be continued so long as they use no other salt but that which they shall receive from the English or Scottish company. It is also ordered that some new works begun to be erected at Colchester shall be demolished. [Copy. 1¼ p.]
May 9. 157. Draft of the preceding in the handwriting of Sir Robert Heath. [1 p.]
May 9. 158. Note that Samuel Micoe, Nathan Wright and Company had entered by Thomas Bellamy, master of the Philip, of London, from the Canaries, 41 bags of saltpetre. [¼ p.]
May 9.
Whitehall.
Lords of the Admiralty to Officers of the Navy. The Reformation, the St. Andrew, the Entrance, the Garland, the Third and Eighth Whelps are to be this summer repaired according to the propositions of the shipwrights certified by the Officers of the Navy on 3rd May inst. Also the graving dock at Chatham is to be repaired. The repairs of the ships to be borne on the moneys to be paid in from the counties; those of the dock to be paid out of the Exchequer. [Admiralty Register, Vol. cccliii., fol. 15 b. ½ p.]
May 9. Entry on the Admiralty Register that Sir John Rayney, having performed the order of the Lords for payment of Vincent's charges and the messenger's fees, was discharged from further attendance. [Ibid., fol. 16. 4 lines.]
May 9.
Whitehall.
Lords of the Admiralty to a messenger unnamed. You are to repair to the house of William Wade, of Dover, and to bring him before us to answer such matters as shall be objected against him on his Majesty's behalf. [Ibid. ⅓ p.]
May 9.
Whitehall.
The same to all Admirals, Prestmasters, and others. The Gilliflower is ready fitted for a voyage to the Summer Islands for relief of the people there. She and her men, whose names are all stated, are to be suffered to proceed on their voyage. [Ibid., fol. 16 b. 2/3 p.]
May 9. Minute of a like letter of protection for the Dorset and her men, she being likewise bound for the Summer Islands with provisions to relieve the people there. [Ibid. ⅓ p.]
May 9. Minute of a like letter of protection for the Mary and Anne, of London, and her men, she being freighted by the French Company with cloth and other commodities for Rouen. [Ibid., fol. 17. ⅓ p.]
May 9.
Whitehall.
Sec. Windebank to Attorney-General Bankes. You are to prepare a bill for his Majesty's signature, containing a commission for a Council of War, to be directed to the Lords and others undernamed agreeable to the commission of the council of war granted the 23rd February 1629. [The Commissioners named were the Lord Treasurer for the time being, the Earl of Lindsey, the Earl Marshal, the Lord Chamberlain, the Earls of Northumberland, Dorset, Holland, Denbigh, and Newport, the Lords Wimbledon, Wilmot, and Conway, Mr. Comptroller, Secs. Coke and Windebank, Sir Robert Mansell, Sir William Monson, Sir Henry Mervin, the Lieutenant of the Tower, Sir John Heydon, and Sir John Pennington. Ibid. 2/3 p.]
May 9. 159. Receipt of Sir William Russell for 1,300l. paid by Henry Chester, sheriff of co. Beds., in part of 3,000l. ship-money charged upon the said county by writ of 12th August last. [2/3 p.]
May 9.
Lambeth.
160. Archbishop Laud to the Dean and Chapter of Canterbury. Upon taking account from my vicar-general concerning my triennial visitation, he tells me that he received 20l. from that church for my procurations. I give you all very hearty thanks, but shall desire you henceforward to put yourselves no more to such charges with me, for all I shall expect is that you will give my vicar-general and other commissioners entertainment for that day. I must desire that a true inventory be made of all the muniments and records belonging to that church, and that the records with the inventory be brought down from the upper into the inner room of the Treasury, and there carefully laid up, to be kept under three keys as directed by statute; and it were very fitting to employ some skilful person to digest them into some good order that you may use them as oft as you shall need; also the private door leading from the Treasury to the dean's lodgings should have two locks, his Majesty's pleasure being that neither the dean without the knowledge of some prebend, nor any prebend without knowledge of the dean, should have access to things of that nature. [Copy, by Archbishop Laud's secretary. 1 p.]
May 9.
[From before Sallee.]
161. Capt. William Rainsborough to Sir Henry Vane, Comptroller of the Household. I have written to the Lords of the Admiralty giving account of my proceedings. They are not answerable to that I conceived, but I have done as much as it is possible for man to do, and have hazarded his Majesty's ships, both nearer the shore and within shot of the castle than I would have done had I had the pinnaces with me; and for the galleys out of Spain I cannot hear of them, neither do I think any will come. It is not possible in this place to take or destroy any of them without pinnaces that may row with oars, to go as near the shore as they do, and I am so much grieved that they do not come that I am almost out of heart, neither can I guess the cause, but I will do what possible I can. After they are come I believe that neither bark nor boat shall go out. I am not skilled in making articles of peace, and therefore if they be not altogether so punctual as they should be I desire you to excuse me to his Majesty. If I cannot get the captives before, I purpose to tarry till I have but a month's victuals to bring me home. The last year by this time the pirates had brought in 500 of his Majesty's subjects, and they would have taken many more this year, having prepared treble the force they did last year. It was happy we came as we did, for within 14 days after they had all been out. I hope before we go away to make most of them unserviceable. I had a design to have fired them with boats, but that was frustrated. Now I am in hand to bring a piece of ordnance to spoil them as they ride, desiring that all my proceedings may have favourable construction till I come myself to give account. [1 p.]
[May 10 ?] 162. Petition of Thomas Reynolds to the Council, in answer to the petition of William Newton, Robert Broome, and Edmund Whiting, calendared 5th May inst., No. 93. Petitioner never forced any men to take commodity for their work, for that his workmen for the most part have ever money beforehand, but at the request of Newton, and when he was in prison for debt, petitioner let him have two says at the same price petitioner sold of the same sort to the merchants for money, the money for them to be set off weekly in work, and laid him in a chaldron of coals for 17s., which shortly would have cost 26s. 8d., for which also he set off in work. Petitioner, also at the request of Broome, let him have a loom for 20s., and he was to pay for it at 8d. per week. Also, at the request of Whiting, petitioner let him have a loom for 25s., to be paid out of his work at 12d. the week, and nine months after took the same at the same price. Finding Newton, Broome, and Whiting deal deceitfully, petitioner accounted with them, and made all even to their content, as by the affidavits annexed appears, and delivered them no more work, whereat they threatened revenge, and petitioned the mayor and justices of Colchester, who never made any order against petitioner. In March last petitioner sustained great loss by fire, having great part of his house burnt down, with goods amounting to 500l., being wilfully fired as petitioner and others vehemently suspect, whereby petitioner is become poor; yet this last month, by borrowing at interest 400l., he hoped to have continued all his honest workfolks, being 400 households of spinners, 52 of weavers, and 33 of others, whose certificate for his true payment of them all, he can in a small time obtain; but now through petitioner's great loss and the disgrace done to him by Newton, Broome, and Whiting, who have not only injured him in his goods, but have reported him to be a bankrupt and a thief, he is without hope to continue his trade unless the Lords in commiseration settle his quiet, and protect him against Newton, Broome, and Whiting. [2/3 p.] Annexed,
162. i. Affidavit of Joseph Barnard, of Colchester, say weaver, in verification of the facts set forth in the above petition, and stating particularly some of the misconduct alleged against Whiting. Sworn 9th May 1637. [1 p.]
162. ii. The like affidavit of Edmund Withers, of Colchester, comber, charging misconduct against Newton, Broome, and Whiting. [1 p.]
162. iii. The like affidavit of Anne Gunn, wife of Robert Gunn, of Colchester, weaver. [½ p.]
162. iv. The like affidavit of Thomas Drake, of Colchester, weaver. [¾ p.]
162. v. The like affidavit of William Blythe, of Colchester, comber. [¾ p.]
162. iv. The like affidavit of Robert Marian, of Colchester, weaver. [¾ p.]
[May 10 ?] 163. Certificate of Thomas Browne and 95 other persons, who having known Thomas Reynolds, of St. James's, Colchester, saymaker, during the time of his trading in that town, and many of them having been his workmen, and having heard that malicious persons have raised calumnious speeches against him, declare him to be much wronged. He has justly behaved himself in his trade, and done much good in setting many poor on work, and has ever dealt honestly in paying them for their labour. [1 p.]
May 10.
Inner Star Chamber.
164. Order of Council upon the petitions of William Newton, Robert Broome, and Edmund Whiting against the said Thomas Reynolds. After reciting the petitons it was ordered that Reynolds shall be forthwith committed to the Fleet until he should pay to the petitioners double as much wages as he has defrauded them of, withdraw all actions he has brought against them, and pay such reasonable charges as the poor men had been put unto by coming up hither. [Draft. 1¾ p.]
May 10. 165. The Council to the Warden of the Fleet. To take into his custody Thomas Reynolds, and to keep him prisoner till further order. [Minute. ¼ p.]
May 10. The like to commit John Murray, of London, chandler, to the Fleet, for presenting a frivolous petition to the Board. [Minute, written on same paper as the preceding. ¼ p.]
May 10. The like to commit George Lascelles safe prisoner to the Fleet. [Minute. The like. 4 lines.]
May 10.
Inner Star Chamber.
166. Order of Council. Upon complaint made against the Earl of Dover to the Commissioners of Sewers for some part of Yorkshire, for raising a mill-dam upon the river Dunne [Don] about 20 years before, in the lordship of Conisborough, to serve some ironworks there to the prejudice of the town of Mexborough, the commissioners first made an order to respite the cause, and then, without showing any new matter, immediately made a decree against the Earl. The Lords referred the examination of the whole proceedings to Mr. Justice Hutton, Mr. Justice Vernon, and Mr. Justice Berkeley, who are to settle these differences, or otherwise to certify their opinions to the Board. In the meantime all proceedings upon the decree aforesaid are to be suspended, but this reference is to be without blemish to the reputation of the Commissioners of Sewers. [1⅓ p.]
May 10. 167. Draft of the preceding Order. [1⅓ p.]
May 10. 168. Brief statement of articles wherewith Aaron Wilson, vicar of Plymouth, charges the mayor and town of Plymouth:—that they have encroached upon the churchyard, built thereon a new hospital, and taken from the vicar a duty for burials in the churchyard, viz., 6s. 8d. for every coffin; that the mayor sells the pews in the church to them that will give most, and claims the right to the chancel; that he also appoints the churchwardens, who by his authority carry away the oblations given at the communion, and never account for them; they also gather the clerk's wages and keep part thereof themselves; lastly, that all the money received for pews, oblations, and clerk's wages is brought into the Chamber and converted to what uses the mayor pleases. [1¼ p.]
May 10.
Inner Star Chamber.
169. Order of the Archbishop of Canterbury and the Lord Keeper, referees appointed by his Majesty of a petition of Aaron Wilson, vicar of Plymouth, presented to his Majesty against the mayor and commonalty of that borough for the usurpations upon his rights stated in the preceding paper, and also concerning the patronage of the said vicarage. Mr. Glanville, the recorder, and Mr. Fewall, town clerk, having submitted all the right of patronage of the vicarage to his Majesty's disposal, being unwilling to dispute their title therein with his Majesty, yet besought that in the new grant to be passed to the mayor and commonalty the grammar school might be established and some maintenance be settled upon the same. It was ordered that the counsel of the town shall attend the attorney and solicitor-general and receive their directions for such surrender and assurance as the mayor and commonalty are to make to his Majesty of the said patronage. As concerning the question of encroachment on the churchyard the same was by the said vicar waived; the duties payable to the vicar on interments in the churchyard and the church were to be settled by the bishop of the diocese; the disposing of pews in the church is to remain in the vicar and churchwardens, subject to the order of the bishop or his chancellor and to various minute regulations respecting pews for certain persons; the money collected for the poor at the communion is to be received by the churchwardens and to be given amongst the poor as hath been formerly used; the clerk's wages to be paid by the churchwardens as formerly; collections upon briefs to be made at the church doors as formerly; fees on marriages to be regulated according to the table in the office of the Archbishop of Canterbury; all the suits instituted by the vicar for tithes to be determined by the decision in the case against Nicholas Sherwell. [Draft. 6 pp.]
May 10. 170. Another draft in the handwriting of the Lord Keeper of the commencement of the preceding Order of Council. [⅓ p.]
May 10. 171. The Council to William Walter, Sheriff of co. Oxford. We send you petition of Thomas Merriot, vicar of Swalcliffe, complaining of very hard measure offered him in the rate assessed on him for ship-money by his parishioners. The vicarage is of very small value, and the vicar poor, though very well affected to any public work for church or commonwealth. We hold it very unjust that his parishioners should make the service of the shipping a stale to wreak their spleen upon him for another occasion wherein his forwardness merited encouragement and their disaffection was deservedly overruled. We recommend petitioner's suit to your particular care, to ease him in proportion answerable to the Council's instructions as to the respect to be shown towards the clergy. [Draft. 1 p.]
May 10.
Inner Star Chamber.
172. Order of Council. George Lassells, of Elston, co. Nottingham, was convented before the Board, on the petition of Elizabeth Lassells, wife of John Lassells, son and heir of the said George, for not having performed the Lords' order of the last of February 1633–4, concerning an allowance to be given for the relief and maintenance of the said John Lassells, his wife and children. The Lords having considered the annexed certificate from divers justices of peace whom they had authorized to see to the performance of the said order, ordered that George Lassells shall stand committed to the Fleet until he shall have paid to Elizabeth Lassells for the maintenance of herself, her husband and children, for every mark a week in arrear upon their former order 20s. a week, and till he shall give security to pay henceforth duly 20s. a week, which if he shall not have performed before Ascension Day next, the warden of the Fleet is required to keep him close prisoner till he shall conform thereunto. And as concerning the assurance of land to the value of 34l. 13s. 4d. per annum, with a convenient house to be settled upon John Lassels, his wife and children, as in the said certificate is expressed, their Lordships order it shall be done, and Mr. Sergeant Boone is prayed to peruse such assurances, and to see them legally passed. [Draft. 2 pp.] Annexed,
172. i. Certificate of Sir John Chaworth, Sir Robert Sutton, and others, justices of peace of co. Nottingham, to the Council. State the circumstances under which George Lassells agreed to pay his son a mark a week for the maintenance of himself, his wife and children, and also settle upon them 34l. a year, and some small convenient house. Send a copy of a note signed by him to that effect. He has failed in the performance thereof. Certify that they endeavoured to persuade him to look with compassion on his own flesh, but not prevailing, directed their warrant, intending to bind him to appear before the Board, upon which he left the country, so as his son, his wife, and children are altogether destitute. Submit the facts to the consideration of the Lords. 5th February 1636–7. [3 pp.] Enclosed,
172. ii. Copy of agreement made at Newark before certain of the justices of the peace mentioned in the preceding paper, wherein George Lassells agreed to make certain allowances and payments to his son John Lassells. 31st March 1634. [1 p.]
May 10.
Inner Star Chamber.
173. Order of Council. His Majesty by letters patent dated 26th July 1631 gave his assent to an Act of Sewers, made at King's Lynn, 13th January 1630–1, for draining the great level of marshy grounds lying within the limits of the Commission of Sewers for cos. Northampton, Lincoln, Norfolk, Suffolk, Cambridge, Huntingdon, and the Isle of Ely, and in the same letters patent signified his pleasure that the business should be ordered by the Council as a matter of State, not to be altered or impeached. A warrant of assistance was granted by this Board in July 1631 for the execution of the said Act of Sewers, to which there has not been that conformity as is requisite. Their Lordships once more declare that they are resolved to maintain the aforesaid Act of Sewers, and if any person shall hinder the execution of the same, the Lords will proceed against him for his contempt. All mayors, sheriffs, and other officers are to be aiding to all who shall have commission for the execution of the aforesaid Act, and are to bind over all who shall be any way disobedient to appear before the Board; and finally, this declaration shall be entered as an Act of Council in the Register of Council causes. [Copy. 1½ p.]
May 10. 174. The Council to the Lord Lieutenant of the county of Northampton. We have sent you a copy of an order for the better execution of the Act of Sewers, made at King's Lynn, 13th January 1630–1, and pray your lordship to cause your deputy-lieutenants to assist in the due execution of the said decree, and that you will be pleased to countenance the same, being a matter of great importance. [Underwritten a memorandum that similar letters were written to the Lord Lieutenants of cos. Lincoln, Norfolk, Suffolk, Cambridge, and Huntingdon. Draft. 1 p.]
May 10. 175. The same to the Sheriff of co. Lincoln. We have considered your letter of the 2nd instant (No. 25), concerning divers parcels of common fens and wastes which are lately drained, whether the same shall be assessed towards the ship-money. As we understand that these lands are so newly drained that they yield not as yet any assured profit proportionable to the charge expended in draining, it is as yet too soon to lay any matter of charge upon them. [Draft. 2/3 p.]
May 10.
Inner Star Chamber.
176. Order of Council. John Arundel, of Longwood, Hants, was sent for by close warrant for having placed two of his sons, John and Francis, as commoners and learners of music in the house of Otho Polewheele, a professed recusant, in Winchester. It is ordered that Mr. Arundel enter into bond to send his said sons to no other school than Winton, Blandford, or such other place as shall be approved by the Board, and not remove them without acquainting the Council. [Draft. 2/3 p.]
May 10.
Inner Star Chamber.
177. Similar order. Sir Richard Letchford having been convented before the Lords for his contempt in refusing to pay 100l. according to his voluntary subscription and promise to adventure the same in the business of the fishing of Great Britain and Ireland, under the association of the Earl of Arundel, it was ordered, according to his own consent, that he should pay 50l. within 10 days, and give bond to pay the remaining 50l. in Easter Term. [Draft. 1 p.]
May 10. 178. Petition of Anthony Birkin and Henry Mills, soapboilers of Bridgwater, to the Council. Have been bred up in the said profession, and have no other means of livelihood. Being prohibited to use their said profession by the Company of Soapboilers of Westminster, they have oftentimes repaired to your Lordships for relief, who ordered that the company should attend at the Council Board, which they have neglected to do, and have referred petitioners to the soapboilers of Bristol. Petitioners have often come to London and been at great charges, and are willing to pay 4l. the ton to his Majesty, as the Bristol men do. Pray that they may be permitted quietly to use their profession in the town where they have settled and used the same these 30 years. [¾ p.] Underwritten,
178. i. The Lords pray the Lord Mayor, calling to him Mr. Lightfoot, to certify what he conceives fit to be done for petitioners' relief. Inner Star Chamber, 10th May 1637. [1 p.]
May 10. 179. Similar petition of David Selleck, black-soapmaker, to the Council. Petitioner having served Anthony Birkin, of Bridgwater, seven years at least, and been for himself but a small time, has been subject to continual vexation and disturbance in using the trade he served for. Prays that he may be permitted to subsist in his employment until further order. [½ p.] Underwritten,
179. i. Reference similar to the above and of the same date. [¼ p.]
May 10. 180. Another petition of Anthony Birkin and Henry Mills to the same. Besides complaints and statements similar to those above contained, it is added, that when lately their goods were seized by the Corporation of Soapboilers of Westminster, they were constrained to pay presently 26l. 16s., and to enter into bond to John Mudd, one of the searchers, to pay the other moiety on the 15th of May instant, which they are not able to satisfy, and so are likely to be cast into prison. Pray the Lords to cause Mudd to deliver up their bond to be cancelled, and to take order that petitioners be permitted to use their trade in the town of Bridgwater. [¾ p.] Underwritten,
180. i. Reference to the Lord Mayor and Mr. Lightfoot as above. Inner Star Chamber, 10th May 1637. [¼ p.] Subjoined,
180. ii. Report of Edward Bromfield, Lord Mayor, and John Lightfoot, to the Council. We find that petitioners' soap of the value of 53l. 12s. was seized, and that John Mudd, a searcher, received in hand 26l. 16s., and a bond for the like sum, not in his Majesty's name, but in his own. Petitioners are poor men, and Mudd is ready to deliver up the said bond if so directed. As touching the request of these petitioners, and of David Selleck, for liberty to use their trade, such course may be taken, that so soon as the patent to the company is sealed and the business settled, petitioners, if they have served seven years to the trade, may be received into the company. 16th May 1637. [¼ p.]
May 10. 181. Petition of Anne, wife of Richard Fidden, of Winchester, innholder, to the same. Petitioner's husband was lately convented before the Lords for that, professing the religion of a Roman Catholic, he kept an inn, and was ordered to put it off in a fortnight, which he is ready to do, although to the utter ruin of petitioner and her children, whom she brings up according to the rudiments of the Church of England. Prays that her husband or herself may be permitted to continue the inn but for one year, for the putting off the goods and stock to the best advantage. [1 p.] Annexed,
181. i. Certificate of William Clun, rector of St. Thomas, in Winchester, and the churchwardens of the same parish, that Anne Fidden with her three children are frequenters of the church, and in all points conformable to the Church of England. 3rd May 1637. [1 p.] Endorsed on petition,
181. ii. The Lords pray Dr. Burby, Archdeacon of Winchester, to certify whether petitioner and her children do frequent the church as is alleged, whereupon the Lords will take further order. Inner Star Chamber, 10th May 1637. [½ p.]
May 10. 182. Petition of Roger Anderton to the Council. Petitioner is tenant to the Bishop of Chester of certain tithes in Childwall, co. Lancaster, under a great yearly rent, which tithes the now Earl of Derby and his father held from petitioner's ancestors by several leases, the last of which expired about eight years since, and for the first four years of that time the now Lord Strange's servant paid petitioner 20l. per annum, but since that time his Lordship has taken the tithes in kind to his own use, and has not paid for the same, nor yielded possession to petitioner. Petitioner is but a younger brother, with a wife and 11 children, and little other means to support them but the said lease, and is no way able to contend in suits with so great and powerful an adversary. Prays the Lords to call his lordship and petitioner before them, that petitioner may be relieved, and the inheritance of the church be preserved, which haply, through petitioner's side, may be wounded. Underwritten,
182. i. Order of the Council. The Lord Strange is desired to peruse this petition and to send his answer thereto on Wednesday next, or otherwise upon Friday sennight. Inner Star Chamber, 10th May 1637. [1 p.]
May 10. 183. Petition of Captain Henry Bell, prisoner in the Gatehouse, Westminster, to the same. For five years your Lordships have heard petitioner's adversaries and accusers, but he as yet was never heard to speak one word. Prays your Lordships to call him before you and hear him. [½ p.]
May 10. 184. Duplicate of the preceding petition. [⅓ p.]
May 10. 185. Minute of a pass from the Council for Mons. Henry Codony, gentleman-usher daily waiter to her Majesty, and Mrs. Mary du Noyer his wife, to go into France. [¾ p.]
May 10. 186. Order of Council that one of the Secretaries of State should move his Majesty for a privy seal, commanding William Gore, merchant, resident at Hamburgh, and heretofore partner with Carew Sanders and Robert Awbrey, to appear at the Board to show cause why he has kept from the creditors of Sanders and Awbrey that estate of theirs in his hands; also that William Williams, one of the creditors of Sanders and Awbrey, may be enjoined to pay to George Stampell, merchant at Hamburgh, all moneys since the failure of Sanders and Awbrey paid to him by order of the court of MerchantAdventurers at Hamburgh contrary to law, which if he shall refuse, then to command him likewise to appear at the Board. [Draft. 1 p.]
May 10.
Inner Star Chamber.
187. Order of Archbishop Laud and Lord Keeper Coventry, referees of a petition to his Majesty, presented in the name of the parishioners of East Betchworth, Surrey. Petitioners showed that the church of that parish being impropriate, worth 120l. per annum, the vicarage is not above 16l. per annum, albeit it has heretofore been worth 30l., and the parsonage was heretofore rented out by the church of Windsor at 30l., but the profit being since augmented the vicarage has yearly decreased. The parsonage is now leased out by the said church to Daniel Leer, who has been sought by Robert Tourney, the present vicar, and been sent to by Sir Nathaniel Brent for some addition of means, but without success. Upon a hearing this day the church of Windsor offered 5l. per annum towards the increase of the vicarage, and Mr. Leer having made the like offer, it is ordered that the said 10l. be duly assured to the vicar and his successors, and that this order be registered among the acts of the dean and chapter, and also on the registry of the chancellor of the diocese of Winton. [Copy. 1¼ p.]
May 10. 188. Draft of the preceding order. [2 pp.]
May 10. 189. Receipt of Sir William Russell for 400l. paid by William Wynne, sheriff of co. Merioneth, in part of 4,000l. ship-money charged upon North Wales by writ of 12th August last. [¾ p.]
May 10. 190. The like for 3,600l. paid by John Hawthorne on behalf of Sir Richard Harrison, sheriff of Berks, in part of 4,000l. ship-money charged upon the said county by writ of 12th August last. [¾ p.]
May 10. 191. The like for 404l. paid by William Lewis [of] Anwill, sheriff of co. Carnarvon, in part of 4,000l. ship-money charged upon North Wales by writ of 12th August last. [¾ p.]
May 10. 192. Note by Sir Robert Banastre [Bannister] of ship-money received in every hundred of co. Northampton in 1636, and till to the 10th of May 1637. [1 p.]
May 10. 193. Note by John Button, Sheriff of Hants. I have had warrant from Sir William Russell for payment of 4,500l.; whereof what remains unpaid I have collected and am ready to pay. [8 lines.]
May 10. 194. Sir William Slingsby to Nicholas. Take into your charitable consideration the heavy case of William Fenn, servant to Stephen Smith, who is likewise under the burden of an imprisonment with irons. Not doubting the Lords will be pleased, as they were committed together, so they may be discharged together. [⅓ p.]
May 10. 195. Petition of James Rawson, rector of Witherstone, Dorset, to Archbishop Laud. Petitioner has three causes depending in the Court of Arches against John Browne, Justinian Simms, and Thomas Larcomb for tithes. Has been many ways delayed by the dilatory courses of the defendants, who have combined themselves together with others against petitioner, and partly by their proctor. Three years is spent in the suit and they threaten to keep it in suit seven years longer. Prays that there may be no more dilatory courses used to hinder a speedy sentence. [5/6 p.] Underwritten,
195. i. Request of Archbishop Laud to Sir John Lambe to give the petitioner all fair expedition according to law and justice. 10th May 1637. [1/6 p.]
May 10.
From my house in the Strand.
196. Endymion Porter to Sir John Browne. I authorize my servant, John Cutteris, to pay to you 12l. at Michaelmas next, in Mr. Gray's right, in part of a debt which he owes you. I request your favourable respects towards Mr. Gray, who is yet unable to make present payment. [½ p.] Underwritten,
196. i. Receipt for the 12l. mentioned above. 18th December 1637. [½ p.]
May 10. 197. A. D. [Damport or Davenport] to Sec. Windebank. I have got Lord Finch to be moved in the Earl of Holland's name by Sir William Shelley; he promises on his part any furtherance; there will also go another from the Queen. These I get as preambles to your main assault. The Marquis of Hamilton appeared in Sir Henry Appleton's business, and the King twice commanded the judges before they would do it, besides the privy seal for their warrant. Whereby I see we must implore your immediate dealing with his Majesty to procure his absolute command, else it will not be done, though none of the other seem so feasible as this, by reason of the paucity of the matter and the pregnant reasons to persuade it. Sir Francis entirely refers himself to you. P.S.—There has since been one from the Queen with him, who spoke very effectually. His answer is that he will do what in law he may; he acknowledgeth also the precedents, and promises well in general terms. This gentleman was also employed in Sir Henry Appleton's cause; he says that the Marquis got the King to speak to him in his presence, and yet was enforced after to get his Majesty to send by the Marquis's secretary an absolute command, before it was done. [2/3 p.]
May 10. 198. Certificate of Henry Strugnell, Churchwarden of St. Martin'sin-the-Fields, of those persons who having compounded for new buildings in that parish had been warned to give their [attendance] upon the Commissioners for Buildings. [2¾ pp.]