Charles I - volume 471: November 1-19, 1640

Calendar of State Papers Domestic: Charles I, 1640-1. Originally published by Her Majesty's Stationery Office, London, 1882.

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'Charles I - volume 471: November 1-19, 1640', in Calendar of State Papers Domestic: Charles I, 1640-1, (London, 1882) pp. 240-267. British History Online https://www.british-history.ac.uk/cal-state-papers/domestic/chas1/1640-1/pp240-267 [accessed 20 April 2024]

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November 1-19, 1640

Nov. 1. 1. The King to Lord Treasurer Juxon and Francis Lord Cottington. We have given leave to the Soapmakers' Company, London, to sell the soap they shall make, or now have on hand, at the cheapest rate they can afford. We, therefore, give you warrant henceforth to deduct, from their account the 8l. per ton payable to us, until we declare our pleasure to have it renewed. [Draft. 2/3 p.]
Nov. 1. 2. Certificate by Richard Poole, receiver of saltpetre and gunpowder, of the saltpetre delivered to Samuel Cordewell, his Majesty's gunpowder-maker, from November 1st, 1639, to November 1st, 1640. The total brought into his Majesty's stores during these 12 months was by the saltpetremen 160 lasts 10 cwt. 3 qrs. 10 lbs. and by the merchants 45 lasts 14 cwts. 2 qrs. 27 lbs., making in all at 18 cwts. per last 206 lasts 7 cwt. 1 qr. 9 lbs., so there wants of the assigned proportion only 29 lasts 8 cwt. 1 qr. 17 lbs. [1 p.]
Nov. 1.
Office of Ordnance.
3. Account by the Officers of the Ordnance of gunpowder received into and issued out of his Majesty's stores during October 1640. There is remaining in the Tower 114 lasts 14 cwts. 87 lbs., and at Portsmouth 75 lasts 11 cwts. 54 lbs. Total, 190 lasts 2 cwt. 41 lbs. [Endorsed by Nicholas: "Received 10th November." 2 pp.]
Nov. 1. 4. Matthew Bradley to Sir Wm. Uvedale, Treasurer-at-Wars. Deduct out of the next money you send me 200l., and pay it to Robert Scawen, in satisfaction of the 160l. granted him by his last warrant, and of 40l. he has to-day delivered me. [½ p.] Underwritten,
4. i. Receipt by Robert Scawen for 200l. received from Sir William Uvedale, 1 December 1640. [¼ p.]
Nov. [2.]
Whitehall.
5. Warrant of the Council [to Henry Wollaston, keeper of Newgate Prison], to set James Criton [Crichton] at liberty. [1 p.]
Nov. 2/12.
Hague.
6. Charles Louis, Elector Palatine, to Sir Thos. Roe. I have received yours of October 7 by Sir Richard Cave, and of the 22nd by the ordinary [post], both put me in hopes of a good accommodation of your domestic troubles. It seems the Danish Ministers did not know the Duke de Bavière [Bavaria] had submitted our difference to the King of Denmark's mediation, and that it depends on no further delay than for the King of Hungary to name the place and time of meeting, as you will find by this copy of a letter from the Danish Minister at Ratisbon; therefore I have sent to the King of Denmark to be more clearly informed of it, and to know if I may come to him about that business. I have let Sir H. Vane know thus much, and I beseech you to advise the King and myself what is best to do in it, for I fear that under pretence of that particular treaty they will seek to leave me out of the general armistice. The King's return to London and the sitting of the Parliament will cause you many businesses, yet I am confident you will keep room for mine in your thoughts; though I wish for no assistance out of England till the accommodation of its own troubles. [1½ p.]
Nov. 2.
Newark.
7. Sir William Uvedale, Treasurer-at-Wars, to Matthew Bradley, deputy treasurer. Send me by return of the post that paper you made for the disbursement of the last 20,000l., and for the 15,000l. you received last Saturday. Divers extraordinaries have been paid, since that paper was made out, of which I would have a separate note. I desire also to know to what day the Lord General Northumberland was paid by you at London, and how far you think this other 15,000l., which I suppose is now on the way, will pay the army, as I think it will pay both horse and foot only to the 10th of this month. I shall be glad of your opinion on this and all the other businesses concerning the army. P.S.—About Tuxford is the most absolutely ill road in the whole world, which I thank God I am passed. [Dorso: "Doncaster, 5 Nov., at 3 p.m. Seal with crest and motto. 1 p.]
Nov. 2.
Berwick.
8. Sir James Douglas to [Sec. Windebank]. I enclose an inventory of the losses I have sustained by those of the Covenant for his Majesty's cause. I regret that the greatest wickedness against me was after the conclusion of the truce, as you may perceive by the dates. All this taken from me is besides the loss of all my rent in Scotland; absolutely in Berwick the tenants will pay none because all their goods are taken. I wrote to Mr. Read on other business which I entreated him to impart to you, hoping ever for your best help as occasion offers, and that at least you will let his Majesty know thus much. [Seal with arms. 2 pp.] Enclosed,
8. i. Account of the damage done by Colonel [Robert] Monro to Sir James Douglas' house and property at Mordington, amounting to 1,766l. worth, also of the damage done to his tenants. They plunder daily what they can and steal in the night, so that we cannot keep anything beyond the shot of Berwick cannon. Thus they did till November 1st. [1½ p.]
Nov. 2. 9. Account by Richard Green of his disbursements on Nicholas' property at Longparish. [1 p.]
Nov. 3. 10. A note of the beginnings, adjournments, prorogations, continuances, and dissolutions of all the Parliaments from the first of Henry VIII. till the last of Charles I. [Collected out of Pulton's Abridgment of the Statutes, pub. 1617. 5¼ pp.]
Nov. 3. 11. Note of the method of "the proceeding to the Parliament of the most high and mighty Prince King Charles, on Tuesday November 3, 1640, from Whitehall by water to Westminster Stairs, and thence on foot;" being a list of the names of the officers, lords, and others who formed the Royal procession, and the order in which they went. [3 pp.]
[Nov. 3.] 12. A prayer for the good success of the present Parliament in Archbishop Laud's own handwriting. "O, Eternal God and Merciful Father, as it hath pleased Thee to put into his Majesty's heart to assemble a Parliament for the better settling of his affairs both at home and abroad, so I most humbly beseech Thee to bless this great Assembly, and all their counsels, to the good both of the King and his people. [Erased. That as it hath been much desired, so it may answer the desires, both of the King and of all his loyal subjects.] And to this end, good Lord, give the King a heart of judgment, to do all that [erased and nothing but that] for his people which becomes a good, a gracious, a just, a pious, and a prudent king. And give the Parliament a heart of duty to do all that [erased and nothing but that] towards the King, which becomes an obedient, a religious, a moderate, a free, and a wise people. That the King and his people meeting with these affections may go on with mutual comfort and contentment to the great honour of the King, the safety of the kingdom and the settlement of true religion, to the final extirpation both of superstition and schism, and the upholding of the true and sincere worship of God in the land. O, Lord, grant this even for Jesus Christ his sake, Amen." [Endorsed by Laud: "A prayer." 1 p.]
Nov. 3. 13. The King's speech at the opening of Parliament at Westminster this day. [This speech was never entered in the Journals of the House of Lords, but is twice printed in Rushworth, viz., vol. iii., 1335, and vol. iv., p. 11; also in "Cooke's Speeches and Passages in Parliament," ed. 1641, p. 1. Copy. 2 pp.]
Nov. 3. 14, 15, 16, 17. Four other copies of the above speech differing in some particulars from each other and from the printed versions. [In allpp.]
Nov. 3.
Berwick.
18. Sir John Conyers to Sec. Windebank. I received yours of October 20, and with it notice of the cessation of arms from Mr. Treasurer [Vane], which we published here the 1st of this month with drum and trumpet. Monro is still at Sir James Douglas' house at Mordington, a mile and a half hence; he came thither on the evening of the 26th, and notwithstanding the cessation of arms, I believe he will stay there, because it is in the Scottish bounds; besides that he was possessed of the place some hours before the cessation. He began a little fort within the bounds that he ought to quit by the treaty; I have written to him of it, but have no answer. I intended to send to him about it, but to-day Sir Patrick Hebrone [Hepburn] returned this way out of Scotland and promised to speak with their Committee at Newcastle about it, and to send me answer by a trumpeter whom I have sent thither for Lesley's pass for myself to pass to the army. I am commanded by the Lord Lieutenant of Ireland to repair to the army to my charge there; I am therefore ordering matters here for that purpose, and if my pass come from Newcastle I go hence this week. I thank you for your pains about our money, which came to Holy Island two days since and has been brought hither. [Endorsed: "Received Nov. 9th." 2 pp.]
Nov. 3. 19. Certificate by Sir Francis Carew that he has twice caused Thomas Barker, a man for many years past known unlawfully to frequent the river running between Croydon and Wandsworth [the Wandle], and to take the fish in it at all seasons, to be taken into custody. Being brought before Dr. Barnard he was on the second occasion, for want of bail, committed to the White Lion. [¾ p.]
Nov. 3. 20. John Midleton to John Danby. Thanks him for his last letter and prays for another containing the news he says he omitted for fear of miscarriage. P.S.—I received yours of May 5th on the last of October, but your next I hope will come sooner; requests the loan of 5l. [1¼ p.]
Nov. 4.
Huntingdon.
21. Sir William Uvedale to Matthew Bradley, deputy treasurer of the army, at Mr. Phillips' house near the Minster at York. I shall want a muster roll of the army, send me one as soon as the muster books are perfected. To-day I met 15,000l. going down towards you. I hope it will be with you on Monday [Nov. 9] at the furthest. I left it between Stilton and Stanford. Let me hear from you weekly. [1 p.]
Nov. 4. 22. Instructions from the Committee of Estates to the Scotch Commissioners appointed for the treaty at London, about obtaining the Scotch demands and securing a settled peace with England. 1. Your Lordships shall draw up a declaration, to be ready at your meeting with those appointed by his Majesty and the Parliament of England, or on occasion if any of you appear before that Parliament, protesting that your meeting them is not to make them judges of us and our laws, nor that we thereby acknowledge dependence on them or any other, except the King. 2. You are to desire them to take speedy course for payment of the money for maintenance of our army seeing that the shires and towns allotted for that purpose, neither have paid nor are able to pay, especially Newcastle, which cannot pay the arrears before Oct. 16, the wealthy men having fled before we came and not yet returned. 3. To crave that if the treaty break up, which we heartily pray may not be, some days may be allowed for advertising the generals of both armies, that advantage be not taken for want of timely warning. 4. If anything be said to you about the prorogation of the Parliament of Scotland, you are to desire his Majesty will appoint a Commissioner to prorogue it with consent of the Estates, or otherwise that he will not be offended if it be prorogued by the Estates. 5. You are to treat with none but those who have commission from his Majesty and the Parliament. 6. You are to decline any of our countrymen to be on the treaty or assist thereat, whether they be in the commission or no. 7. To desire preference of your business in point of time, as the present distractions are the occasion of the calling of the Parliament, and if they will not prefer you, you are to desire that the Scottish and English affairs may go on pari passu. 8. You are to adhere to all the Acts of Parliament sent up to the Earl of Lanerick, except that the preface and conclusion thereof may be omitted in the printing if his Majesty will publish the rest in his own name with consent of the Estates. 9. To desire his Majesty will be graciously pleased to publish the aforesaid Acts in his own name with consent of the Estates of Parliament, and that by a warrant to the Lords of the Secret Council to print them with the true date. If his Majesty will not publish them so, but rather have them read over in another session of this Parliament and then to be published with any subsequent Acts, you may yield thereunto, provided his Majesty be obliged so to do in verbo principis, and that they go out with their own and no posterior date. 10. You are not to yield to any new indiction of a Parliament for publishing or renewing these [Acts] already passed. 11. If they draw you to dispute about the Estates' power to make laws in Parliament without the King or his Commissioner, you are to shun, as far as may be, disputing what the King may do in the height of his power, or the subject in extremity of danger for maintenance of religion and liberties as being tender of both. But you are to clear that the holding of this Parliament has warrant from his Majesty, and therefore is defended without bringing his Majesty's power in question. 12. You are to desire that no oaths be taken of travellers or any Scotchman not warranted by the law of the kingdom where the oath is administered, and that no oath be taken of non-residents contrary to their own national oath. 13. The incendiaries and prime actors are to be tried, the Scotch to be remitted to our own Parliament, and the English to be judged by theirs. 14. The castles and forts in Scotland must be desired to be disposed of conformably to the Act of Parliament. 15. Not only must the ships and goods taken in England and Ireland be restored, but the interest and damage thereof must be repaid, and that for last year as well as this. 16. Our expenses and losses last year and this in maintaining armies, bringing home provision, and all our other burthens, must be repaid; the particulars whereof will be sent you. 17. The assurance and manner of payments are left to your discretion, but you are to desire the English to make an offer of what part of our expenses they will pay. 18. To crave that Berwick and Carlisle may be dismantled, at least the walls of both towns; if this cannot be obtained, to crave that the garrisons be removed and not put in again without consent of the Estates of Parliament. 19. When you have debated all the particulars at length, and drawn every one as near a conclusion as may be, you shall not break off the treaty for any difference in one or more of them, nor conclude any of them by subscription, but leave them as being fully debated on either side till the whole be debated for securing a settled peace. Mutual articles must be drawn up to be enacted in both Parliaments and under the seals of both kingdoms, whereof the following may be a groundwork to you, to which you may add as you find occasion or get resolution from us. 1. All preceding acts of hostility must be buried in oblivion. 2. Parliaments should be held in both nations once every two or three years at farthest, in which wrongs done by either nation to other are to be tried, and Commissioners appointed to treat about them. The Commissioners should also try differences betwixt the King and subject; those who have given bad counsel to either, have been incendiaries, or enroached on the King's power, or liberties of religion and the country. 3. Between the Parliaments Commissioners of both nations should be chosen, to be entitled Conservatores pacis, who may have power jointly to try and remedy any differences and wrongs that arise. 4. No armies should be enlisted in either kingdom against the other without consent of Parliament, and that a declared breach of peace be upon the kingdoms. 5. No King's ships, freebooters, or others should stop the trade of either kingdom, or harm their neighbour kingdom without consent of Parliament after breach as aforesaid. 6. If such armies be enlisted, trade stopped, or neighbours harmed the Estates of that country where such is done to be obliged to punish the offenders with all rigour. And if any assist or harbour them, they are to be punished as breakers of the peace. And if, after complaint to the Parliament or Commissioners aforesaid, redress be not made, it is to be counted a breach of the peace by the whole kingdom. 7. None of the nations are to engage in war without consent of both kingdoms. 8. If any subject offend his own nation, or be in debt, or wrong any of his own countrymen within the other kingdom, he is to be sent to his own kingdom, on demand, to be tried and punished, and not harboured in the other kingdom. 9. The Prince should not marry but with consent of both kingdoms. 10. Scotchmen should have service about the King and Prince, some in chief places. 11. A common confession of faith should be made for both kingdoms with mutual obligation to defend it. 12. All Papists should be removed from the Prince. 13. All who suffer in England or Ireland for our cause should be let go free and their wrongs repaired, as Alexander Cunningham and others, of whom you shall have a list. 14. You are to come back when recalled by any of the Quorums, and if you find it necessary for you all to come back and consult with us, or to send any of your number, you may do so. 15. You shall not send letters to us of any consequence but by express bearers, and not by ordinary bearers of whom you are not assured. 16. You are to send us frequent advertisements, at least once a week, or oftener if occasion require. 17. You are to represent that all our evils in Kirk and Commonwealth have arisen from the innovations brought in of late, and they would not have grown so high if the Council and Session had not given way to them. For preventing the like inconveniences, you are to desire that the supreme judicatories of Council and Session may be reduced, as far as may stand with our religion, to their first institution and practice before King James' going to England. [Copy. 3½ pp.] Subjoined,
22. i. Some observations and queries on the instructions given by the Committee of the Estates to their Commissioners appointed to treat at London concerning the Scotch demands and securing a settled peace. These are a series of possible objections that might be made to the above articles, and the answers to be given to such objections. [1 p.]
Nov. 5. 23. The King's speech in Parliament. My Lords, I do expect that you will make a perfect relation to the House of Commons of the great affairs for which I have called you hither at this time and of the trust I repose in them and how freely I have put myself upon their love and affections at this time; and that you may know the better how to do so, I shall explain myself concerning one thing [I spake] of the last day, I told you the rebels were to be put out of this kingdom; t'is true I must needs call them so, so long as they have an army that doth invade us, yet I am now under a treaty with them and under my Great Seal of England I do call them my subjects, and so they are too. But the state of my affairs is briefly thus: it is true I thought when I called the Lords of my Great Council to York to have met you at this time only to have given you a gracious answer to all your grievances, for I was in good hope by their wisdom and assistance to have made an end of that business. But I must let you know that my subjects of Scotland did so cavil and delay that it was not possible to end that there. Therefore I can in nowise blame the Lords that were at Ripon that the treaty was not ended, but must thank them for their industry and pains; and certainly had they had as much power as they had affection I should by this time have made an end. But now the treaty is transferred from Ripon to London, where I shall conclude nothing without your knowledge, and I doubt not without your approbation; for that I do not desire to have this great work done in a corner, I shall hereafter open all the steps of this misunderstanding and the causes of these great differences between me and my subjects of Scotland. And I doubt not but by your assistance I shall make them know their duties and make them return whether they will or no. [¾ p.] [Not entered in the Journals of the House of Lords but printed with variations in Rushworth iii., 1336, and iv., p. 17; and in Speeches in Parliament collected and printed for William Cooke, 1641, p. 3. Copy. 1½ p.]
Nov. 5. 24. Another copy of the same, with some variations and addressed to Mr. Speaker. [1½ p.]
Nov. 5.] Two other copies. [On same paper as Nov. 3. See this vol. Nos. 16, 17.]
Nov. 5. 25. Speech of William Lenthall, Esq., of Lincoln's Inn, addressed to the King on his Majesty's approving him as Speaker of the House of Commons. After eulogizing the King and Royal family, and the Houses of Lords and Commons, he continues: Constantine the Great accounted his subjects' purse his Exchequer, and so it is; subtle inventions may pick it but nothing can open it but a Parliament, which lets in the eye of sovereignty on the public maladies of the State, and of vigilancy for the preservation of our ancient liberties. For these we need look but a very little way back, there shall we see our just liberties graciously declared by your sacred Majesty. And the gracious expressions lately fallen from your lips make glad the hearts of your people, so that we more than promise ourselves free consideration of the ways to compose the distempers of these kingdoms, and then to present them to your Royal hands for perfection. Are these the fruits we have enjoyed by Parliaments ? We cannot then but wonder at that horrid invention in this place projected monstrum horrendum informe ingens, but, God be thanked, cui lumen ademptum est. Let us never forget this day's solemnization; but it is too much boldness to presume longer on your grace and goodness. Therefore, for the better expedition of this service, we humbly desire: 1. That ourselves and servants may obtain freedom from arrests of their persons and goods. 2. That we may have free liberty of speech without confinement, with a full and free debate. 3. That you will vouchsafe our repair to your sacred person upon matters of importance, according to the ancient liberties of the House. 4. That with such alacrity we may now proceed to manifest to the world that our retirements were to ensure a greater unity, and to endeavour a sweet violence that may compel—pardon, dread Sovereign, the word compel—your Majesty to the love of Parliaments. Thus God will have the honour, your Majesty the splendour, and the kingdom safety. [Printed in full in Rushworth iv., pp. 17-19, and "Cooke's Speeches and Passages in Parliament," ed. 1641, p. 1. Copy. 3½ pp.]
Nov. 5/15.
The Hague.
26. Elizabeth, Queen of Bohemia, to Sir Thos. Roe. She writes at the request of Mons. Camerarius to recommend a nephew of his to Sir Thos. Roe's kindness. Sir Richard Cave, Lord Craven, and [Sir Robert] Honeywood will all be with you shortly, so I will now say nothing to you, only that I have sent you a letter by Captain Wrenham for the Earl of Holland, desiring him to get Sir R. Cave made a burgess for Windsor. I pray God Wrenham come not too late. [Two seals with arms and coronet. 1 p.]
Nov. 6. 27. The names of the Lords Committees for Petitions, and of the Council who are to attend them. Their Lordships, or any seven of them, are to meet every Tuesday and Thursday at two in the afternoon in the Painted Chamber. [Printed in Journals of the Lords, vol. iv., p. 84.]
Nov. 6. 28. List similar to the preceding, but with marginal notes and dated 25 Nov. 1640. [1¼ p.]
Nov. 6. 29. Account of fees due to the Official and Commissary of the Archdeaconry of Bucks., from May 16 to Nov. 6, 1640. Totals— Receipts 80l. 7s. 9d. Disbursements 2l. 12s. 0d. [Copy. 9½ pp.]
Nov. 6.
Brussels.
30. George Shaw to Richard Harvey. Begs him to procure the money due from Mr. Lanyon, for he needs it in good earnest. P.S.— Send me word how Captain George Porter does and where Giles Porter is; my dear comrade Charles Porter, I have no words to express my sorrow for that brave young cavalier of so great expectations. [1 p.]
Nov. 6. 31. Account by Sir William Russell and Sir Henry Vane, jun., Treasurers of the Navy, of ship-money received by virtue of writs of 1639. Total 41,158l. 18s. 7d. [1 p.]
Nov. 6. 32. Account of ship-money for 1639 levied and remaining in the hands of the sheriffs. Total 11,636l., making with 41,158l. paid to Treasurers of the Navy 52,794l. This week were paid in no arrears for former years. [1 p.]
Nov. 7.
The Court at Whitehall.
33. The King to Henry Earl of Danby, Governor of Guernsey, or his deputy, to send Henry Burton, committed by Order in Council 31 August, 1637, close prisoner in Castle [Cornet], Guernsey, in safe custody, to appear before the House of Commons according to such order as he has received or shall receive from the Commons. [Copy. ⅓ p.]
Nov. [7.] 34. Draft of the above warrant. [1 p.]
Nov. 7. 35. Warrant of William Lenthall, Speaker of the House of Commons, in accordance with the order of the Commons, to the Captain or Governor of Cornet Castle, Guernsey, to send up Henry Burton, now close prisoner in the castle, in safe custody, to the House of Commons, that he may prosecute his complaints before them according to a petition this day delivered to the House by his wife. Further, requiring all whom it may concern to certify the House by what warrant and authority he is there detained close prisoner. Underwritten,
35. i. Sir Peter Osborne to Captain Darell. This order from the Commons' House of Parliament, received the 9th of November, I have sent you, that with all convenient speed it may be performed, and in your absence [I] require the same of Mr. Porter, or any other whom it mayconcern. Chelsea, 11th November 1640. [1 p.]
[Nov. 7.] 36. Petition of Sarah, wife of Henry Burton, to the House of Commons. An information in the name of his Majesty's Attorney General was heretofore exhibited against petitioner's husband and others in the Court of Star Chamber, charging him, inter alia, with publishing a book called "An Apology of an Appeal," to which information he put in an answer on oath under the hand of his counsel, wherein he only alleged such things as his counsel conceived to be material for his defence for publishing the book, but denied all other things contained in the information. This answer being put in, and interrogatories exhibited, petitioner's husband was ready and at sundry times offered himself to be examined on the same, but after he had long attended, instead of examining him, he was informed that upon reference of his answer to Sir John Brampton, Lord Chief Justice of the King's Bench, and Sir John Finch, then Lord Chief Justice of the Common Pleas, and their opinions thereon being certified, his whole answer, except "not guilty," was expunged, whereby he was utterly debarred from the benefit of the principal matters alleged for his justification, and so that was taken for his answer which was not his answer, or only a part thereof. Thereupon petitioner's husband refused to answer the interrogatories, for on his examination he must necessarily have contradicted his answer, and so have forsworn himself. Yet he still protested his readiness to be examined on the interrogatories if his answer might stand entire; nevertheless the Court, taking the information pro confesso, and refusing to admit his answer, on June 14, 1637, proceeded to censure, whereby they fined him 5,000l. to his Majesty's use, and awarded that he should be deprived of his benefice, degraded from his ministerial function and university degree of bachelor of divinity, and be set on the pillory at Westminster, have both his ears cut off, and be imprisoned for life in Lancaster Castle, whereby none might have access to him but by special licence from the King or Council. All this was executed on petitioner's husband who was shortly after transported from Lancaster Castle to Guernsey, by what order petitioner knows not, where he is kept in strict imprisonment, and utterly denied petitioner's society, contrary to the liberties and privileges of the kingdom. Now as her husband lying under the heavy censure aforesaid is debarred his friends, the use of pen, ink, and paper, and other means to make his just complaints known, petitioner beseeches this Assembly to take her distressed condition into serious consideration, and as she knows not how to manage so weighty a business she prays that by your order her husband may be sent for to prosecute his just complaints, and that the Captain of Cornet Castle and the Governor of Guernsey may be commanded speedily to return him and to certify the cause of his commitment and detainment. [1¼ p.]
[Nov. 7.] 37. Petition of Susanna, wife of John Bastwick, doctor in physic, close prisoner in the Scilly Islands, to the same. Petitioner's husband six years ago set out a book called "Elenchus Religionis Papistica," with an addition called "Flagellum Pontificis et Episcoporum Latialium," being provoked thereto by a Papist that maintained the Pope's supremacy, wherein to prevent mistake he professed he meant nothing against such bishops as acknowledged their authority [to be derived] from kings; yet because by way of argument he maintained an equality between bishops and presbyters by the Word of God, he was searched by a pursuivant, his chests and study ransacked, and his books and papers seized, he was then pursued in the High Commission Court, and after a long and expensive suit on February 12, 1634, fined 1,000l. to the King, excommunicated, debarred practice of his profession, and imprisoned till he should recant. In regard whereof, and because the bishops present at his censure denied openly that they held their jurisdiction from his Majesty, petitioner's husband published another treatise, entitled "Apologeticus ad presules Anglicanos," expressing the truth of the proceedings and speeches at his censure, for which book his Majesty's Attorney General exhibited an information against him and others in the Star Chamber, to which petitioner's husband answered subscribing his name, and not being able to procure any counsel's hand to his answer he tendered it himself, first at the Star Chamber Office, and then in open Court, pressing its acceptance according to precedent as in Dr. Leighton's and other causes, but because no counsel's hand was to it the Court rejected it, took the information pro confesso, and thereupon fined him 5,000l., censured him to stand in the pillory, lose his ears, and be closely imprisoned in Launceston Castle, all which has been executed. Since he has, by what authority petitioner knows not, it being no part of his censure, been transmitted to Scilly Island, where he is so closely imprisoned petitioner is not allowed any access to him, so that for three years her husband has been exiled from her, and she could not obtain leave, though she has earnestly sued for it, to live with him or even to see him. Petitioner has many small children dependant on her, and being utterly unable to provide for them she and they are daily exposed to great want and misery. She beseeches this Assembly to consider her distressed condition, and as her husband is imprisoned in so remote a place, and denied all means to clear his innocence, and petitioner being no ways able to manage so weighty a cause, she prays that by your order her husband may be sent for, and brought hither in custody, to prosecute his complaints for his sufferings before this Assembly, and that the Governor of the Island and Captain of the Castle may be required speedily to return him, and certify the cause of his commitment and detention. [1 p.]
Nov. 7. 38. Speech by Sir Benjamin Rudyard in the House of Commons. After speaking on the Roman Catholic tendencies of the Court and prelates, and their contempt of the Puritans, he continues: Let us further reflect on the ill effects these courses have wrought, what by a defection from us on the one side, a separation on the other. Some, imagining whither we are tending, made haste to turn or declare themselves Papists beforehand, thereby hoping to render themselves the more gracious, the more acceptable. A great multitude of the King's subjects, striving to hold communion with us, but seeing how far we were gone, and fearing how much farther we would go, were forced to flee the land, some to other inhabited countries, very many to savage wildernesses, because the land would not bear them. Do not they that cause these things cast reproach upon the Government? Mr. Speaker, let it be our principal care that these ways neither continue nor return upon us. [This speech, which is endorsed as "An Introductory Speech by Sir Benjamin Rudyard in the Parliament, 7th November 1640," is, with the exception of the above clause, printed in Rushworth iii., he gives it, however, as a number of separate speeches which ought, according to this copy and "Cooke's Speeches in Parliament, 1641," pp. 103–109, where it is also given as one speech, to come in the following order: Rushworth iii., pp. 1349, 1355, 1350, 1358, 1351, 1341, and 1352. 6 pp.]
Nov. 7. 39, 40, 41. Three other copies of the same, one dated November 9th much damaged.
Nov. 7. 42. Certificate of the Council of War, signed by Sir Jacob Astley, that Captain Thomas Dimmock was on the 6th of November 1640 acquitted by the Council of War of the accusation against him, and ordered to return to his duty and entertainment. [2/3 p.]
Nov. 7.
Covent Garden.
43. Sir William Uvedale, Treasurer-at-Wars, to his deputy, Matthew Bradley. There is 50,000l. on the way, part of which will be with you next Tuesday, and the rest on Thursday; 30,000l. is for the army and 20,000l. for the northern counties lying under contribution. It is all to come to Ripon, where you must deliver 20,000l. to the underwritten commissioners; ten chests are marked for them on purpose, but if they are curious let them take their choice of any of the 2,000l. chests, it is only done for expedition to save them the trouble of telling it. The 30,000l. is to be divided among the army by way of lending. Only the reformadoes, the Recusant officers, who are all to be cashiered, must be paid to the 8th of this month. I must refer it to yourself what proportion to send to York to pay the troops there; 'tis true if you can take up so much money of the Lord Mayor [of York] as will pay the reformadoes you will do very good service. I have received Sir John Conyers' bill of exchange for 300l., which shall be paid at the day. By taking up money by bills of exchange and lending to the soldiers, I confess you have done the King a very good service. Be specially careful that such money as is advanced from November 10, be paid out of the 30,000l., and take care there be no exceeding the 30,000l. Sir Robert Farrar's entertainment I think will be reduced. The English reformadoes being seven weeks behind next Monday troubles me much, for the Parliament will pay no longer than from the 10th of November. For Commissary Pinckney, desire Sir Jacob Asteley and Sir John Conyers to consider it and reduce what they think fit. Underwritten,
43. i. The names of Commissioners to the Scots are Sir William Bellasis, Sir John Conyers, Sir William Lampton, and Jerrald Salvin, or any two of them. [1¼ p.]
Nov. 7.
York.
44. Francis Housman, postmaster of York, to [Robert Read]. Has received his letters for Captain Francis Windebank and Dr. Lent, and caused them to be delivered, but has had no answers to them as yet. [¾ p.]
Nov. 7. Licence by Henry Earl of Holland, constable of the castle and honor of Windsor, granting to James Earl of Annandale the keeping of the several walks called Purbright-Walk and Ash-Walk within the forest of Windsor, and bailiwick of Surrey. [Copy. 1 p. See vol. ccclxxxiv., p. 96.]
Nov. 9. Warrant to Sir Wm. Uvedale, Treasurer of the Chamber, for payment of an allowance of 40l. per annum to Thos. Flower, yeomanfootman to the Queen, Henrietta Maria, the place being void by the resignation of William Prichard. [Docquet.]
Nov. 9. Warrant to the Exchequer to pay to Thos. Smithsby, his Majesty's sadler, the interest of 5,503l. 8s. 10d. disbursed by him to divers of the King's servants, to whom the same was owing, as also the interest of 4,500l. lent to the King; the interest is to be paid out of the rent of the Great Customs for the year 1643. [Docquet.]
Nov. 9. Ordered upon the question by the Commons House of Parliament that all projectors and unlawful monopolists, or such as have received any benefit from any monopoly or project, or who have procured any warrant or command for the restraint or molesting of any who have refused to conform to any such proclamations or projects, are disabled by order of this House to sit as members. If any man here knows of any monopolist he shall name him, that any member of this House that is a monopolist or projector shall repair to the Speaker, that a new warrant may issue forth, or otherwise that he shall be dealt with as with a stranger who has no power to sit here. Signed Henry Scobell, Clerk of Parliaments. [See G. 221, Royalist Composition Papers, vol. 48, p. 327.]
Nov. 9.
York.
45. Warrant from Sir Jacob Astley to Sir William Uvedale. By virtue of a commission from the Earl of Northumberland, General of the Army, you are to pay Captain Thomas Dimmock, of Sir Thomas Glemham's regiment, 21 days' pay, ending 27th October last, which was withheld from him by the Lieutenant General's [Strafford's] order. [¾ p.]
Nov. 9. 46. Petition of Edward Godwin, committee of Brett Netter, his Majesty's ward, to Francis Lord Cottington, Master of the Court of Wards. An office was found after the death of Stephen Brett of divers lands in Kent, at the finding of which Thos. Brett and others, who claimed by a pretended will, had liberty from this Court to give in evidence for the said will. When it was produced to the jury, on hearing the witnesses and proofs the jury would not find the pretended will; and at the finding of the said office it was clearly proved that Stephen Brett did give Thomasin his daughter in marriage to Thomas Netter in the church. Statement of the proceedings subsequently taken in the King's Bench and Court of Wards. Petitioner humbly desires that, having found the office and compounded for the wardship of the body and lands of the ward, he may have possession accordingly. And if your Lordship shall determine that the possession of the two parts shall go with the pretended will before it be proved, petitioner prays he may leave the wardship and ward to the care of the Court, the ward wanting but a small time of his full age; petitioner being utterly unable to bear the charge of further suit, having been above five years in this Court, and wasted his whole estate in defence of the ward's title. Underwritten,
46. i. Let this be moved in Court, and such further course shall be taken as shall be thought fit. F[rancis] C[ottington].
Nov. 9. 47. Abstract of expressions contained in letters of members of the University of Oxford to Archbishop Laud, their Chancellor, between 28 May 1635 and 9 Nov. 1640, of some of which the following are translations. "Thou hast sent forth another Pentecost at the time of Pentecost; since thou thyself art most abundantly full of the Divine Spirit." "Thou commandest us to look around if we wish any profit from the best and greatest on earth—the King and thee;" addressed "to your most sacred Holiness," May 28, 1635. "Forsooth let us call thee Father of our Academy, leader, angel, archangel, is any title too much; we know thou art a cistern very full of the Divine munificence;" July 9, 1636. "If he stands in trouble, he the most venerable, than whom no rule is more upright, by whom religion itself is sooner to be corrected. . . .Certainly without the Church, without thee, we cannot hope for safety, we wish not for comfort."—Nov. 9, 1640. [Probably produced on Laud's trial. Latin. ¾ p.]
Nov. 10. 48. Order of the Lords in Parliament that the Sheriffs of Chester shall safely convey to the Lords in Parliament, Arthur Magennis and Redmond Comyne apart from one another. Also they are to pursue with hue and cry such suspicious persons as were in the company, and on their apprehension to send them up likewise. [½ p.]
[Nov. 10.] 49. Sir Edward Deering's speech in the House of Commons. Insists that religion should occupy their attention before all other subjects, and divides the question into two heads: (1) ecclesiastical persons and (2) ecclesiastical causes. He produces a petition from Thos. Wilson, [rector of Otham,] in Kent, now suspended and persecuted by a pursuivant. The Speaker, Sir Edward Deering, went to Lambeth to see Archbishop Laud on Wilson's behalf, undertaking that he should appear in any of the King's courts at Westminster to answer his accusers; but the only answer he received was: "I am sure he will not absent himself a twelvemonth together: and then I doubt not but once in a year we shall have him." He concludes, "I hope by the help of this House, before this year of threatening be run out, his Grace will either have more grace, or no grace at all. For our manifold griefs do fill a mighty, a vast circumference, yet so that from every part our lines of sorrow do lead to him and point at him, the centre whence our miseries grow." [Printed in "Cooke's Speeches in Parliament," ed. 1641, pp. 88-90, 4 pp., and Rushworth iv., p. 39.]
Nov. 10.
North Duffield.
50. Cornelius White "to Captain George Porter." The Lord General commands that all the troops shall be made complete in horse and arms at every captain's own charge between this and December 10th next. We want in our troop amongst the 36 men that are mounted, 15 carbines, 8 case of pistols, 9 head pieces, 2 backs, and 2 breast plates. Six of your own men, the cornet's man, the quarter-master's and my man, and 5 men besides, want horses, so that I shall muster 50 men. As for your two men who were absent the last muster, and the quarter-master's man, if you seek for it the Lord General will grant you his warrant as he has to other captains, to receive pay for them from the time they were last mustered; so that three men's pay ever since the 20th September last will be due to you, and what before that I know not. I desire your commands herein. By Capt. Mennes' directions I took off 12d. from every man's pay and from such as wanted arms eighteen pence; and so should have continued every pay-day, but Colonel Trafford has since wished me to restore the money so taken back, and not to take any more off any trooper's pay for any such cause without order from my commissary or himself. I understand you intend to leave the troop and that the cornet makes means for your place. I hope my carriage towards you and the whole troop has been such that you will think me as deserving of advancement as another, if you intend to leave us. Should the cornet be captain I should be unwilling to be under his command, and the troop say they would leave him but will all subscribe for me in case you leave us. [1 p.]
Nov. 11.
Whitehall.
Proclamation for a general fast throughout England, to be held in London and the suburbs on November 17th, and in other parts of England and Wales on December 8th, to implore the Divine mercy in removing the pestilence, war, and other signs of God's anger, and for a blessing on the weighty affairs now in agitation in the High Court of Parliament. [See Coll. Procs. Car. I., No. 234. Printed. 1 p.]
Nov. 11. Proclamation withdrawing all licences granted to Popish Recusants allowing them to come to London. They are hereby commanded within 15 days to repair to their houses and remain within 5 miles of their dwelling places according to the law, likewise they are forbidden to come to Court, or within 10 miles of London, without special licence. All justices of peace are hereby required to deprive convicted Recusants of their arms, which are to be disposed of as the laws direct. [See Ibid, No. 235. Printed. 1 p.]
Nov. 11. 51. Copy of the first part of the above Proclamation, commanding Popish Recusants to repair to their own dwellings, and not to come to Court or within 10 miles of London. [1 p.]
Nov. 11. Grant in reversion to Edward Earl of Dorset and Henry Lord Herbert, and their heirs, of the fee of the manor of Tisbury, co. Wilts., under such rents and tenures as Thomas Lord Arundel [of Wardour] holds the same by virtue of a grant to his father, wherein the reversion of the fee is excepted, and is done to enable them to settle a jointure of the premises upon the wife of Henry Arundel, heir of the now Lord Arundel. The Earl of Dorset and Lord Herbert do covenant to reconvey the same to his Majesty within two months after the settling of the jointure. [Docquet.]
Nov. 11. Presentation of John Knight, clerk, to the rectory of Calverton, Notts., in the diocese of Lincoln, void by the death of the last incumbent and in the King's gift pro hac vice, by reason of the minority of Simon Bennett, his Majesty's ward. [Docquet.]
Nov. 11. 52. Notes by Sir John Lambe, Chancellor to Queen Henrietta Maria, of business to be transacted this afternoon at Denmark House relative to the administration of her jointure lands in cos. Essex, York, Surrey, Cumberland, Suffolk, and Bedford. [1 p.]
Nov. 11. 53. The message delivered by Mr. Pym from the House of Commons to the Lords of the Upper House, charging Thomas Earl of Strafford with high treason, and requiring him to be imprisoned till the articles are exhibited against him. [Printed in Journals of Lords IV., p. 88, and "Cooke's Speeches in Parliament," ed., 1641, p. 116.] Underwritten,
53. i. The Lord Lieutenant being required to withdraw and after debate thereof called in, kneeled at the bar, when standing up the Lord Keeper [Finch] said:
53. ii. Speech of Lord Keeper [Finch], informing the Earl of Strafford of his impeachment by the House of Commons and of the Lords' resolution that he be committed to the custody of the Gentleman of the Black Rod and be sequestered from the House of Lords till he clear himself of the accusations against him. [Printed in Ibid. 1¼ p.]
Nov. 11.
Covent Garden.
54. Sir Willm. Uvedale, Treasurer-at-Wars, to his deputy, Matthew Bradley. I can send you no certain news of money; as yet the money from the City comes but slowly, but it is sure, and I hope within a few days to send you a considerable sum. Meantime I would have you, if you have not already paid the 4,000l. to Elmhurst, dispose both of that and your 2,000l. of the Earl of Northumberland's, rents into loans to the regiments. My reasons are these: the days are short, the ways very ill, and the passage may be interrupted by waters; therefore you must prevent hazards, and, as much as you may, consider time. [1 p.]
Nov. 11. Receipt by Tho. Vyner for 70l. [On same paper as Oct. 24. See vol. cccclxx., No. 53. 2 lines.]
Nov. 11.
Oxnead.
55. Francis Dorvan to Richard Harvey. Requests him to obtain the 5l. 14s. Mr. Porter owes him and keep it till he comes to London. Has been most falsely accused, but let his slanderers beware of God's just judgments. Hopes to be in London after Christmas. He now serves Mr. Paston, who lodges at the Holy Lamb, over against the Black Bull; prays for foreign and London news. [Seal with device. 1 p.]
Nov. 12.
Whitehall.
56. Philip Earl of Pembroke and Montgomery to Edward Viscount Conway. Though I cannot lay the sufferings of George Porter as set down in this petition to your charge, yet as on your motion I nominated him for your service in this action, and he being as one of his Majesty's trumpeters under my command as Lord Chamberlain, I cannot but take notice of the injuries said to have been done him in the enclosed, which I earnestly desire you to examine into and see reparation be made him if you find them as informed. Please give me word of the state thereof and remit him back to his attendance on his Majesty here, he being now put from yours to the unpleasing service of one Captain Brough. [Much damaged. ¾ p.]
Nov. 12.
Mordington.
57. Colonel Robert Monro to Sir Michael Ernle. In answer to yours you know that one article of the cessation of arms is that both parties may detain during the treaty such places as they held when the cessation was concluded. And whereas you allege that our lying so near your garrison occasions doubts and jealousies, and trenches on the articles agreed upon, truly I find no reason for the same, nor do I believe that our lying within the bounds of Scotland anywhere can touch the uttermost border of any article agreed on, far less be thought any breach of accord, except you would find a new occasion for quarrel, which I know no discreet man, as yourself, will urge. For jealousies perhaps we have the same suspicions of your garrison lying so near us, and I know no better remedy than to keep stronger watch till we are assured of a settled peace. And for the redoubt we cast up, I confess it was wrought betwixt the concluding of the cessation and the intimation thereof to you and us, so that it was not done of intention to offend; and before it should give offence I am indifferent whether it stand or no, provided you give me time to acquaint the General. [Endorsed by Sec. Windebank: "Received from Sir John Conyers [Nov.] 25th." Copy. 1 p.]
Nov. 13. 58. Warrant of William Lenthall, Speaker of the House of Commons, by order of the House, to John Hunt, Sergeant-at-arms attending the House, to apprehend Sir George Radcliffe, member of the Parliament in Ireland, and bring him to the House in safe custody, to answer an information of high treason, to which case no privilege of Parliament extends. [Copy. 1 p.]
Nov. 13.
Covent Garden.
59. Sir William Uvedale, Treasurer-at-Wars, to his deputy, Matthew Brodley. I am commanded to let you know that the Lower House of Parliament have taken into their care the supply of the King's army and have resolved speedily to raise money for that purpose, and in the meantime to persuade the City to furnish the King for the present; which I think will very instantly be put in execution, so that within very few days I shall despatch towards you a very considerable sum. I write thus much that you may assure the commanders that come to you for money that they are now in very safe hands and will assuredly be paid, only they must have a little patience. If it stand with your leisure, send me as speedily as you can a true state of our army, what is the settled charge monthly, for horse and foot, train of artillery, and officers of train and field, reformadoes of both nations, and all your new charges since I came away; as for example, your 5l. per diem to Ruthven [Patrick Lord Ettrick], and any other settled charge. This is required from me by the Parliament, and I know no way to satisfy it but by your help. [2 pp.]
Nov. 13.
York.
60. Sir John Conyers to Sec. Windebank. I am now come to York to my charge of the Horse according to the Earl of Strafford's order, having left all things at Berwick in as good a state as I have been able. I wrote to Colonel Monro about the fort he made within the English bounds two days after the cessation of arms, but received no answer. The morning I left Berwick I sent Lord Wentworth and Sir Peregrine Bartu [Bertie], but they found him not, and so only left my letter with his officer. I ordered Sir Michael Ernle to follow it and know his resolution, which I believe he will inform you of by the first opportunity. This last summer in the Netherlands Count Henry of Friesland in an encounter with the Spanish forces was killed, and Abercrombie, a Scotch captain of a troop of cuirassiers, received hurts of which he is not likely to recover. A nephew of mine, Henry Hume, is lieutenant of that troop, and is well known to the Queen of Bohemia and Prince of Orange. Had I known I should have been constrained to quit my troop when I entered the King's service here I should have begged his Majesty's letters that I might have resigned it to him, and had he then had his Majesty's recommendation he could not have failed of one of the troops that then became void. Now I am to entreat you to beseech his Majesty's letters to the Queen of Bohemia and Prince of Orange in behalf of my nephew, that the Prince of Orange will give him the troop if Abercrombie die, or to favour him otherwise. If it were possible his Majesty should write the letters, especially the one to the Prince of Orange, with his own Royal hand, the business would take effect. I have entreated Lord Conway to deliver you this and to receive from you the King's letters, if they may be obtained, if not, your answer. [Endorsed: "Received [November] 19 by Lord Conway and answered 27th." 2 pp.]
Nov. 13.
York.
61. The same to Edward Viscount Conway. So soon as I got a pass from General Leslie I came from Berwick and when I was past the Scotch guards I left my great horses behind and spoiled some of the others in making haste hither, in hope to have found you here. I came hither on Wednesday morning and found your letter of the 9th and many instructions, also a patent from the Earl of Strafford to command the army, as I understand it, in the absence of you both; but by the instructions you left for me I find Sir Jacob Ashley is absolutely to command the foot and I the horse, and [so] I understand from him. This I do not [say that] I long for the command of it, for that [the foot and] horse are more than I am capable of; but I desire to know your intention in it, that I may know what I have to answer for. I find the horse all in their winter quarters, but know not yet where each regiment is, but will learn that and visit each quarter as soon as possible, and meantime will distribute the instructions according to your order. The chief officers are for the most part absent, and the troops I believe much out of order. The captains are much displeased that they will be constrained to recruit their troops according to their first indentures, and I fear many will be found faulty in it. I know not whether you have given them notice of it or not [but] I will. The Council of War have cashiered Captain Herbert's cornet, John Done; they gave him his pay till the 11th of this month, and a passport to seek preferment. This I give notice of to the Lord General and the Lord Lieutenant, and dare do no otherwise. Encloses a cypher of his own invention to enable them to write more freely; and a letter from Sir William Brouncker. Lord Wentworth will be at London shortly; he left Berwick before me, but only came hither to-day. I beseech you do what can be done for Captain Cupper's widow. I find by a letter from the Lord General that he is displeased with me touching the choosing of the Vice-President [of the Council] of York [Sir Edward Osborne] to be a burgess for Berwick and not Mr. Pott, a servant of his; his recommendatory letter came at least a fortnight after the choice was made. The business was carried out thus: I was informed that formerly the governors [of Berwick] had the choice of one burgess, so I went into the assembly when the burgesses were to be chosen, but Sir Robert Jackson, our muster-master there, who was newly chosen mayor, was against me, so they chose first their recorder who has some office at York. Then one of the townsmen asked me who I would recommend for the other burgess; I answered that since they gave me not the first voice I desired not the second, but thought they would do well to give it to him whom the Lord Lieutenant [Strafford] had nominated,—which was the Vice-President of York. I beseech you notice whether you can perceive any change in his Excellency's [the Earl of Northumberland] goodwill to me. I should be extremely sorry for it, for I believe him to be a truly noble lord and do honour him wonderfully much, but I give him [up as] lost to me, and this by the false report of a knave. I am again to beseech you for my nephew Hume. When you have perused the enclosed to Sec. Windebank I beseech you seal it and deliver it to him, but you must not acquaint his Excellency with it, for I know he would fain recommend a son of Lord L'Isle's to a company of horse there; and if Sec. Windebank cannot do it, let it rest there and not be divulged in Court, for it may turn to his overthrow. My wife commands me to deliver you this message, being extremely afflicted on behalf of her nephew,— that if you had done her the favour before I came to England of procuring the King's letter in his behalf as I desired, without question he had got one of our [Dutch] companies then; and that the Earl of Strafford and yourself were the cause of drawing me into England, which is like to be her death and her nephew's ruin, and perhaps mine also; that if he fail not of advancement she is sure to be assisted by him as long as she lives if God should take me. She, therefore, desires you if possible to assist her nephew at this her request. Write by your next whether you moved the Lord Lieutenant touching my waggon money and servants that were absent with me, and what answer. [4 pp.]
Nov. 13.
Northampton.
62. William Hartwell to the same. Exceeding the expectation of my coming only a fortnight, I have failed of the 100l. I thought ready for me, which is now so disposed of that it cannot during my stay here be made entire. I have endeavoured to procure the sum elsewhere, but can only prevail, in these troubled times, by bond to have it paid the 1st of March; which bond I have sent to Mr. Shalmer, with directions to receive the money, part of my debt, to your use I am extremely grieved to appear and perform no better. [½ p.]
Nov. 14. 63. Part of a speech of Sir John Culpepper in the House of Commons on the subject of grievances. This portion of the speech is on the grievance of monopolies, which are compared to leeches that have sucked the Commonwealth till it is almost hectical. [The whole speech is printed in "Cooke's Speeches in Parliament," ed. 1641, p. 361, and Rushworth iii., 1338, who however omits the last few sentences. ½ p.]
[Nov. 14.] Speech of [Mr. E. Bagshaw, member for Southwark], in Parliament. This meeting is to redress the unhappy estate of this Commonwealth; let me give you her griefs in a word, then see whence they flow, our laws, our liberties, our lives, and whence is the life of all our religion, all which having been by the endeavours of so many ages so well secured and made our own now can scarce be called ours. Our laws, the only sinews of our estates which should run in an even stream, are now made to disdain their banks, and drown those fields they should gently refresh. Our liberties, the very essence of our weal, which should difference us from slaves and speak us Englishmen, are held away by them, who even whilst they take them from us, cannot but confess they are our proper dues. And are not our lives in danger whilst an enemy disguised as a friend is provoked, and suffered to come into our very bosoms, and rifle some of their goods, others of their loyalty, which they neither would nor could have touched, might we with united power have withstood them. And lastly, sum of all our griefs, our religion laments everywhere that her pure innocence is taken from her; and surely all these must have their causes. For our wise laws we may thank those good kings that made them, the settled expressions of their circumscribed wishes to defend their subjects; that they are so well framed and contain enough to maintain a good prince and people perfectly happy in one another, we owe to those grave countrymen who sat here before us: and that they outlived the malice of some unbanded spirits, we owe to those who reprieved them from ruin with their lives and fortunes. We call them ours because we are as freely born to them as to the air we breathe, we claim and should possess them under the protection of our gracious King, their great patron, who administers them by advice of those learned expositors of our laws, the judges, and those he trusts as his faithful counsellors; if these pervert the meaning of the laws, or contract their power when they ought to extend it, or make them speak more loudly, or softly, as they themselves are tuned for it, the blame should fall heavily on those trusted ministers, the betrayers of his Majesty's honour, and his people's right; to vindicate both which necessity has here assembled you. Mr. Speaker, is not his offence as great who undermines my tenure, and surreptitiously deprives me of evidences by which I hold my inheritance, as his who by violence wrests it from me? The Scots we have heard branded as traitors, because, contrary to the law of nations and their loyalty, they have invaded our lands; what other title have they merited that have invaded our laws and liberties, the precious evidences by which we should freely enjoy ourselves and our estates? The first we may drive back by united forces, and it will be called piety and loyalty to our King and country: if force be laid against the other it will be called rebellion. What now remains but that we should use the law as an ally, which, because it has been turned against us contrary to its plain disposition, should now right us and itself against our adversaries? Surely the law is not so weak as to take care for the safety of others and never provide for its own defence against those, be they peers or people, that have abused it? And if we examine the law it will tell us what has been the reward of those that have monopolized and abused the King's authority, betrayed the well-meaning subject to his Sovereign's displeasure and their Prince's counsels to his enemies; what they deserve that have raised mountains of monopolies, heaps of impositions, and oceans of grievances; what has been the punishment of those that have belied justice, and their own conscience, and made truth and honesty out of fashion? And lastly, if no penalty be found,—though surely there is some for such as have disguised religion in fantastic dresses, so that Heaven and earth cannot but be angry to see her, and in their politic pride have been so long moulding a new old Church, for their own advantage, that their so much order has put all out of frame, and made us the objects of pity and themselves of hate; for the innovators it will be lawful for you to innovate an exemplary punishment, for they are the groundwork of our miseries. And surely, Mr. Speaker, there are too many of all these sorts, which like envious clouds hinder us of the gracious shining our sun intends for us. Therefore, for his greater lustre and our more assured comfort, let us endeavour to remove those interposers, that he may see into his people's bosoms, and read their fair characters of loyalty and glad obedience, which the practices of these evil times have endeavoured to obliterate, but in vain. I shall not borrow another minute of you; only consider the vast extent of our grievances, the deep searching of which wound I leave to better abilities. And think not I sigh out these complaints as undertaking to instruct the great wisdom of this grave Assembly; 'tis but to let you see how the slightest parts of this abused Commonwealth are made sensible of her wrongs. But what we feel is far exceeded by our numberless just fears, which ere this had surely distracted us had not our great Physician at length applied this sovereign remedy to keep up our fainting hopes. [Subscribed P. B., and headed, "Mr. P. Bradshaw's or Bagshot's Speech." On same paper as above. Copy. 2 pp.]
Nov. 14. 64. Evidence of Thomas Chude and John Clay before the House of Commons, touching a book entitled "The Jubilee of Jesuits." [Printed in the Commons' Journal ii., 39. 1 p.]
Nov. 14. 65. Sir Henry Vane, jun., Treasurer of the Navy, to Nicholas. There is received since the 6th of this month 49l. 17s. ship-money from the High Sheriff of co. Lincoln. [¼ p.]
Nov. 14. 66. Receipt by Matthew Brodley, for 300l. received from Henry Croone, vintner, of London, for the use of Sir William Uvedale, for payment of the army; which is to be repaid within 10 days of Croone's seeing this receipt. [¾ p.] Underwritten,
66. i. Receipt by Henry Croone for 300l., received from John Pay by order of Sir William Uvedale, Nov. 30, 1640 [¼ p.]
Nov. 14.
Burdrop.
67. Sir William Calley to Richard Harvey. Regrets the brawn for Mr. Porter is overboiled. Gives him orders for linen, &c. [Seal with arms. 1 p.]
Nov. 14.
Burdrop.
68. William Calley, jun., to the same. Regrets his father's brawn is spoiled; asks him not to forget the 4 pounds of green ginger, and the China wood, when Mr. Curteen's ships come to Milford Haven and orders other household necessaries. [Seal with arms. 1 p.]
Nov. 14.
Whitehall.
License of Henry Earl of Holland, constable of the honor and castle of Windsor, to Sir Arthur Mainwaring, lieutenant of the forest, and to Sir Richard Harrison, one of the verderers. I have received complaints from the chief keepers of his Majesty's deer, both red and fallow, in the forest of Windsor, that they have been much molested the last summer by the hunting and killing of the deer, of which certain persons living in the forest are by them suspected; I have thought fit to require you two, being principal officers of the forest, to take evidence to discover the offenders, and if you shall find cause to take such course against them as shall be agreeable to the forest laws for their further trial and punishment; and of your proceedings herein you are to certify me that if there be cause I may give you further order and assistance. [Copy= 1½ p. See vol. ccclxxxiv., p. 97.]
[Nov. 14.] 69. Paper of reasons urged on behalf of the deputy-lieutenants and justices of the peace of Devon and Cornwall why they should not be sent for to attend the House of Commons as witnesses in the cause against Mr. Coryton, touching the undue election of burgesses for Bossiney, and Coryton's undue proceedings as Vice-Warden of the Stannaries; that they did what they thought best in the election; and to be sent for more than 200 miles would bring them great trouble and disrepute. If the House [of Commons] will not allow of their absence, to move that their appearance be postponed till order be taken for discharge of their offices in their absence. [1 p.]
Nov. 15.
Dorchester.
70. William Churchill, late sheriff of Dorset, to the Council. On receipt of yours of October 21st last I wrote to the constables and others who have collected ship-money and not yet paid it to me to bring their several rates and sums collected, neither of which have they sent, so from their neglect I am not at present able to give you so perfect an account as I desire. I have again sent to them to bring their money or return their answers, that I may certify you accordingly. [Endorsed by Nicholas: "Received Nov. 23rd." 2/3 p.]
[Nov. 15.] 71. Petition of John Nicolas de' Franchi, a Genoese, to the same. Petitioner is owner of three ships—the St. Nicholas, Salvador, and the Charles all foreign built, which being ready to go to sea to Golleshia [Galicia], in the kingdom of Spain, are by order of the Lord High Admiral [Algernon Earl of Northumberland, see Oct. 20, vol. cccclxx., No. 22] detained, on pretence that the mariners thereof will not return to England. Petitioner represents that the mariners are to return forthwith in an English ship hired to accompany them for that purpose as appears both by the charterparty, and that it is agreed the mariners are not to be paid before their return to England. Prays that the ships may proceed on their voyage, he being ready, if the Council order it, to put in competent caution for the mariners' return. [½ p.]
[Nov. 15.] 72. Petition of the same to the same. To the same effect as the preceding. [2/3 p.]
Nov. 15/25.
The Hague.
73. The Elector Palatine Charles Louis to Sir Thomas Roe. I have given this bearer charge to communicate to you what I think fit he should propound to his Majesty in this happy conjuncture of a resettlement of his affairs. You would think me incredulous if after so many testimonies of your affection to me I should anew desire you to further what may tend to my interest; therefore I will only wish you to advance the projects [Sir Richard] Cave will show you, since I make no question but the King and yourself will approve them, and to let no one know the last but his Majesty and Sir Henry Vane, whom I have acquainted therewith. I must also recommend to you this bearer, whose honesty and affection to my service are as well known to you as my impossibility to do much for him; therefore I hope if it come in your way you will assist him. For my part, if any troops should be sent over and entertained for me, I should wish him to command my regiment of guards, for his fidelity and experience in war, and I believe you may assist him therein, which I desire you also to do in the business of the drowned land for which I have named my feoffees if you approve them, and herein as in the above I desire your advice. [Seal with arms and crown. 2 pp.]
Nov. 15.
Montgomery.
74. J. T. to Sir William Russell, Treasurer of the Navy, to whom the writer is unknown. The ship-money for this county of Montgomery is all paid to the sheriff and his officers ever since May last, which we hear is not yet come into your hands; of this we desire you to take notice that his Majesty's service be not retarded, nor we his obedient subjects suffer any obloquy thereby. [Endorsed by Nicholas: "Received 29 November." ½ p.]
Nov. 15. 75. Petition of Elizabeth, wife of Edmund Fitz-Randolph, to Sir Francis Cottington, Master of the Court of Wards. Petitioner, about June last, petitioned the Council showing that two years ago she married her said husband, who had a marriage portion of 600l. with her, part of which was spent in purchasing the lease of her husband's lands from the executors of James Dorrell, his late committee, and the rest was disposed of by her husband for his own occasions. That he lived with her a year and had a son, but has since Christmas last absented himself without allowing her any maintenance for herself or his child. She prays you to appoint a day for her husband and his committee to come before you, and to do therein for her relief as shall seem meet to you. Underwritten,
75. i. Let this be moved at the compositions on Thursday next and such further order shall be given herein as shall be thought fitting, and let Mr. Dixon, the committee, have notice, and a copy of this petition delivered him, that he may attend the motion. Fra. Cottington. [1 p.]
Nov. 16. 76. List of the names of members of the House of Commons appointed as a committee to examine the delinquency of Mr. Watkins and others in point of monopoly or project, and to inquire who have sat here since the order against monopolists or projectors was made, in breach of that order. They are to meet on Wednesday afternoon at 2 o'clock in the Court of Wards. [2/3 p.] Underwritten,
76. i. The names of members ordered to be added to the Committee concerning monopolists, November 19,1640. They are to meet on Thursday afternoon at 2 o'clock in the Court of Wards. All the merchants of the House have been since added. [⅓ p.]
Nov. 16. 77. Another copy of the same. [1 p.]
Nov. 16/26.
The Hague.
78. Elizabeth Queen of Bohemia to Sir Thos. Roe. It is most abominably cold so that I cannot write much, besides that I need not, Sir Richard Cave being better than a letter. He will tell you all, and I will only say that I pray hard the Parliament may go on well, then I hope all things will mend. Your daughter had a great mind to have gone to see you now, but considering the time I prevailed on her to stay till a better occasion, for now you will have little time to entertain damsels errant, and she shall not budge hence till you find it fit, when you shall have her for a little time. [Two Seals with monogram and crown. 1 p.]
Nov. 16. 79. Lord Treasurer's accounts from 26 June till 16 November 1640, stating particulars of money received and expended weekly between these dates, at which latter date there was a balance in in hand of 6,751l. 3s. 7d. [1¼ p.]
Nov. 17.
Covent Garden.
80. Sir William Uvedale, Treasurer-at-Wars, to his deputy, Matthew Brodley. I wonder I have heard nothing from you this week, I fear things go not well. I hope you have received your last 15,000l. and I am glad you have not yet paid your 4,000l. of the billeters, for although the Parliament has taken care to supply the army, yet the money will not so soon be gathered as to send it down till the end of this week or the beginning of next, and then your 4,000l. may do you service. You must warn Sir Jacob Ashley against promising any advance to the regiments lest he spoil all. There is one Henry Croone that deals for wines in this town who desires he may return some moneys by you from York, he tells me you have already had 300l. of him, if you return me a bill of exchange for it I will pay it here out of the next money. I am but newly come from the fast this day and am very weary, and therefore can say no more. [2 pp.]
Nov. 17. 81. John Morris to Captain George Porter. I thought it my duty to acquaint you with the doings of the officers of your troop. When I demanded of the lieutenant the half day's pay for those who had no horses he said you gave him order before your departure to take and keep it, which he has done. Likewise the cornet brought orders from York to take off every man's pay eighteenpence every pay-day towards the reparation of their lost arms, and twelvepence apiece more towards the maintenance of the sick in the troop, which money was taken off accordingly till Colonel Trafford heard of it, he was much displeased and ordered the money to be restored. The lieutenant hearing you would leave the troop has got the hands of all but three or four to be captain. Besides the cornet who most commonly goes to York to receive the money comes not with it till a week after pay-day, notwithstanding he receives it as soon as it is due, which makes the whole troop murmur much. The lieutenant told me this morning your own pay would be taken off by reason of your absence, but your horses are mustered. [1 p.]
Nov. 17.
Brussels.
82. George Shawe to [Sir Thos. Roe]. I have received your Lordship's of October 29, and am glad the discourse of the proceedings of the Emperor's army is so acceptable to you as to cause it to be translated for his Majesty to read, and I am glad you so esteem Count Leslie, whom I have ever heard speak with great devotion of the honour of the King and of England, and he always condemned the malice of the Scots and their base ingratitude to our gracious King; I hope to see them chastised as such rebels deserve. This Italian is confident of his propositions and prays me to present you the enclosed from him. We begin here to comfort ourselves with the expectation of money, for we say the Plate fleet has arrived at Cadiz and the Brazil fleet at Lisbon, so next week the ordinary from Spain is expected to bring order for money. Five thousand Italians are put in garrison at Barcelona. From Cologne we hear a house is provided for the Archduke Leopold, who is expected there; they intend to make a present of 100,000 rix dollars, 6,000 pairs of boots, 6,000 pairs of shoes, and 6,000 pairs of stockings for his army. Leopold is likely to prove a gallant prince and of great expectation to revive the reputation of the House of Austria. I may not omit to relate a business brought before the Council of State by Sir Balthazar Gerbier [English resident with the Cardinal Infante, Governor of Flanders], whom [Charles] Duke d'Elbæuf reported to be a spy for France and Holland. It is a reputation he has long been suspected of, and a year past I heard him so branded by a person of quality, and it was told me the Count de Onata had written so much of Gerbier at his being in England. Mr. Henry Taylor and I talked of the matter, but I forebore to meddle in the business, though Colonel Gage and I have been pained that his Majesty should employ such a person, and Colonel Gage told me the Prince's confessor complained of Gerbier for never negotiating matters of State but always wrangling. Relates the quarrel between Sir Balthazar Gerbier and the Duke d'Elbæuf, who called him a spy. Sir Balthazar has complained to the Prince Cardinal, and brings the business before the Council of State. God pardon those who recommend such ministers of State in such times as these. He is so insolent that behind Piccolomini's back he does not afford him a good word. Besides he will pay nothing that he owes but by process. The State is much afflicted at his being here, but they are so modest they have forborne to complain, but I think it my obligation to give you to understand what a minister he is. [4 pp.]
Nov. 17. 83. Helen Wolseley to her husband [John Wolseley]. Has heard nothing of his health, and is so anxious she must come to him if he does not write. Discusses their domestic affairs. [3 pp.]
Nov. 18. Grant to George Farmour, Esq., third prothonotary of the Court of Common Pleas, at Westminster, for his enrolling of poor men's causes without fee, of an annuity of 10l. per annum payable out of the profits of the Hanaper with an arrearage of 25l. incurred since the death of Robert Mayle, the precedent prothonotary. [Docquet.]
Nov. 18.
Whitehall.
Proclamation for freedom of passage between Ireland and England annuling the restraint imposed by a previous proclamation on the Irish ports. [See Col. Procs. Car. I., No. 236. Printed. 1 p.]
Nov. 18.
York.
Instructions by Sir John Conyers to the commanders of horse. The troopers are to be mustered once a month, and therefore you will do well to keep your companies together. A letter has come from his Excellency [Algernon Earl of Northumberland, General of the Army], dated the 13th of this present, to give us notice that the Parliament has resolved to furnish the king with money for payment of the army and has granted a present supply of 100,000l., which shall speedily be sent down. His Excellency, therefore, orders me to advertise you of it, that you may take the best course you can for furnishing your troop either out of your own purse or by getting credit in the quarter where you lodge, that they be not unprovided and fall into disorder for want of money if the above supplies come not punctually, at the time of payment due to us. Hereof I pray you take special notice and care. Send me by the first opportunity a particular note what arms of all sorts are wanting in your regiment and what men are unmounted. John Conyers, York, November 18, 1640. [Written on the same paper as the military regulations dated October 27. See vol. cccclxx., No. 73. ½ p.]
Nov. 18.
Berwick.
84. Sir Michael Ernle to Sir John Conyers. [Colonel Robert] Monro still remains here with his forces, and the work he made since the agreement is not yet cast down. I have ordered Mr. Brorolme to send you my letter to him and his answer. I hear by all people that the Scots are making all possible preparation for war, and if business go not according to their expectation, questionless they will use their utmost endeavours to gain this place. They forbid all kinds of provision to be brought hither till they have further advertisement. I hear to-day that they have brought divers cannon from Edinburgh to Eyemouth by sea, but I know not yet the truth of the report; I expect to know to-night. To-morrow the Lords sit in Parliament at Edinburgh, and intend to forfeit all the estates of those that have not adhered to their party. Eight or ten of the Lords are gone to Scotland, but most of them passed by Kelso. [Endorsed by Windebank: "Received from Sir Jo. Conyers [Nov.] 25th." Copy. ¾ p.]
Nov. 18. 85. Account by Francis Muse or Mewce, bailiff of the Queen's manor of Holdenby, co. Northampton, of wood sold this year for her Majesty's benefit, by warrant from her Majesty's Council Board at Denmark House, dated November 28, 1639. Underwritten,
85. i. Mr. Auditor Phelips is desired by the Board to see this account discharged in the usual manner. Nathaniel Tomkyns, Denmark House, November 18, 1640. [2¾ pp.]
Nov. 19. The King to the Commissioners of Sutton's Hospital, to admit John Washington to a scholar's place there after the placing of such as have had his Majesty's former letters for the like place. [Docquet.]
Nov. 19.
Berwick.
86. Sir James Douglas to Sec. Windebank. In my last I sent an inventory of my lost movables, but above that I lack all the rent I have in Scotland; by the Covenanters' own calculation I shall lose 3,000l. I know none in that kingdom, if so it may be called, but has some one they make use of to save part [of their property]; as I am a Christian, I never connived for a groat, and will not. I am persuaded if his Majesty be able to recover himself I shall, if not I shall ruin with the best king in the world. The Scots' only discourse now is the taking of Berwick, which they think easy; we here find no benefit at all by the cessation of arms, they go on in public exhortations and provisions as ever, neither can any man travel. Colonel Monro works still about my house to strengthen himself, and lets no provision coming to Berwick pass which he can stop. [1 p.]
Nov. 19.
St. Peter's, Westminster.
87. Bishop Williams, of Lincoln, to the Archdeacon of Bucks., to induct John Knight, M.A., clerk, into the living of Calverton, Bucks., he having been nominated thereto by the King by reason of the minority of Simon Bennett, the King's ward. [Latin. ½ p.]
Nov. 19. 88. Felix Long to Richard Harvey. I called to speak with you about the 200l. Mr. Croke will be ready between 2 and 3 o'clock this afternoon, with Mr. Jervoyse and Mr. Corney, to despatch it if you think fit. I desire your resolution by the bearer. [1 p.]