|
| Nov. 20. |
1. Message [delivered by Mr. Pym] from the Commons to the
House of Lords touching the examination of witnesses at the trial
of Thomas Earl of Strafford. 1. The examination of the members of
the House of Commons as witnesses whom the Commons should
require. 2. The examination of the Peers and assistants of the
Upper House on oath. 3. The examination of the Privy Councillors
on oath. 4. That the proceedings may be speedy and secret.
5. That some members of the House of Commons may be present at
the examination of witnesses. [Printed in Journals of the Lords
IV., p. 94. 1 p.] |
Nov. 20.
York. |
2. Sir John Conyers to Edward Viscount Conway. The instructions you left for me I have dispersed to the regiments and troops. I
have sent copies of them to Sir Thos. Lucas, the Earl of Crawford, and
Mr. Percy, though I had no order for it. The indenture dated
November 1st, between Sir William Uvedale on behalf of his
Majesty, and the officers of the horse troops, I have not sent them
for I find not order for it from you, nor is the paymaster here
acquainted with it; besides Sir Fulck Huncks and many others
tell me the officers refused to sign them before your going hence, and
thereupon you resolved to speak with his Excellency [the Earl of
Northumberland] before anything more should be done in it. But
it is most needful, if the army be not shortly dissolved, that order
be taken for mounting and arming the troops that are defective,
which are very many. Very few captains are with the troops, and
those that are here I find altogether unwilling and many unable to
mount and arm their troops at their own charge, and the troopers
are altogether unable to do it out of their pay; so that unless his
Excellency get it done at the King's charge and put it on the great
account to be defalked by 2d. a day, as the former arms are, I know
not how it will be done. The troops want ammunition likewise,
but knowing they must pay for it no man comes to the magazine
for it. There are 250 carbines in the magazine and about as many
pairs of pistols, but not of the best, and that number will not furnish
the troops by many. When the Commissary of Musters returns
I shall hear what numbers are defective. To the orders you left
I added that the officers should inform me what arms were wanting
in the troops and what men unmounted, so I expect a particular
list from the companies. If the cessation of arms be not prolonged
or a peace concluded, I pray you be a means that all the officers
and captains be commanded forthwith to repair to their charge, for
the troops are in wonderful disorder, all the captains being absent.
Do what may be for Captain Cupper's widow. I have taken all the
money Sir Fulck Huncks and the lieutenant had in hand and
find that when the officers and troopers are made even with a very
small sum will remain for the widow, and the horses stand still at
her charge, and we know not how to put them off. By a letter from
his Excellency [the Earl of Northumberland] I find not much is to
be expected for her from the King; meantime, I would you could
so far prevail with his Excellency that the captain's pay may be
continued to the widow till the places be otherwise disposed of.
I hear that in Scotland they raise many forces, and draw many
from Newcastle and Durham towards the edge of Yorkshire. They
fail not to prepare against an occasion, but we weaken ourselves
daily and are too secure. It were good we made peace, for we are
not overfit to make war. We hear strange news from the Parliament,
whether true or no time will show. P.S.—I cannot yet find Sir
Edward Wrightington to speak with him about settling rates for
the provisions in the soldiers' quarters, and the officers complain the
country exacts [too much] from them. Deliver my money to Mr.
Shalmer, I have told him what to do with it; my wife desires to have
it sent into the Low Countries. Mr. O'Neale, who stopped the pay of
his cornet in the paymaster's hands, I have written to, to know the
cause of it; it seems he dislikes him and means only to pull his coat
over his ears and so turn him away. [3 pp.] |
| Nov. 20. |
3. Certificate by Richard Marsh that 121 lasts of gunpowder
remained in the Tower on December 1st, 1636, when Samuel Cordewell
and George Collins became his Majesty's gunpowder-makers. [½ p.] |
| Nov. 20. |
4. Receipt by Matthew Brodley for 600l. received from John
Priestley by the hands of Alderman Hodgson, of York, for the use of
Sir William Uvedale in paying the soldiers. Underwritten, |
|
4. i. Receipt by John Priestley for the above 600l., from Sir
William Uvedale. December 3, 1640. [1 p.] |
| Nov. 20. |
5. The like by the same for 200l. from Henry Cholmeley, which is
to be repaid by Sir William Uvedale to Sir Hugh Cholmeley in
London within 10 days after sight hereof. Underwritten, |
|
5. i. Receipt by Sir Hugh Cholmeley for the above 200l. from Sir
William Uvedale. November 30, 1640. [1 p.] |
| Nov. 20. |
6. Receipt by Sir Humphry Davenport for 9l. from Gilbert Havers,
his Majesty's Receiver General for Norfolk and Hunts., due to him as
Chief Baron of the Exchequer last Michaelmas. [8 lines.] |
| Nov. 21. |
7. Certificate by Edward Fenn, that there is received this week
120l. 15s. 0d. ship-money from the late High Sheriff of co. Worcester.
[4 lines.] |
| Nov. 21. |
8. Sir Edward Deering's speech in the House of Commons concerning episcopacy, concluding with a motion to select a committee
for discovery of the great numbers of oppressed ministers under the
Bishops' tyranny, the sub-committee to examine printers touching
what books by bad licenses have been corruptly issued forth.
[Printed in Rushworth iii., 1345, and iv., p. 55; also in "Cooke's
Speeches in Parliament," pp. 91-94. 2¾ pp.] |
Nov. 21.
Burdrop. |
9. Sir William Calley to Richard Harvey. I have received
yours of the 12th inst. with Sir Edward Wardour's acquittance for
15l. received of Robert Masline, who is the fool, and peradventure he
accounts William no better, otherwise I see no reason but it should
have been in William's name, being heir, and for aught I know
executor too, of his father, Henry Masline, in whose name the acquittance was formerly wont to be made; but if it will pass thus, it
shall for me. I am glad to hear so good hope of Mr. Tichborne's
debt, seeing Mr. Mallet's money will not come in these six months.
God grant the Parliament prove as happy as you hope; I perceive
there are strange bickerings beyond seas still, and I am afraid we
should not have been thus quiet all this while at home had it not
been for that. [Seal with arms. ¾ p.] |
Nov. 22.
Whitehall. |
10. Order of the King in Council. That the Archbishop of
Canterbury, the Lord Keeper [Finch], Lord Privy Seal [Henry Earl
of Manchester], the Marquis Hamilton, the Earls of Dorset and
Cork, Lords Goring and Cottington, Sir Henry Vane, Sec. Windebank, and Chief Justice Sir Edward Littleton, shall to-morrow
afternoon repair to the Lord Lieutenant of Ireland, to receive his
advice concerning the grievances sent out of Ireland; and shall
report to the King and Council. [½ p.] |
Nov. 22.
York. |
11. Sir John Conyers to [Sec. Windebank]. I believe Sir
Michael Ernle has written to you touching the fort raised by
Colonel Monro within the bounds after the cessation of arms, and
my writing to him about it; but lest he should have omitted it I
enclose Monro's answer. [See Nov. 12, vol. cccclxxi., No. 57.] I send
also a copy of Sir Michael Ernle's letter to me [see Nov. 18, vol.
cccclxxi., No. 84], whence you will see that in Scotland they daily
strengthen themselves, and I am of Sir Michael's opinion, if the
cessation be not prolonged, nor a peace concluded, the first thing
they will do will be to get Berwick. I have written to his
Excellency and Mr. Treasurer [Vane], if they think fit, to move the
King to send a thousand men from the army to strengthen that
place and Holy Island, for the garrison there is not sufficient to
defend it if any enemy will hazard any store of men to get it.
Since Monro holds to the letter of the articles of cessation we may
do so too, for though it be forbidden to recruit either army, the
garrisons are not mentioned, and it will be alike to the King to pay
a thousand men at Berwick or in the army. The Scots and others
say if the war cease Berwick must be reduced; I leave it to the
King's pleasure, but there are many good reasons why it should
not; for if ever the Scots fall into a new discontent it will undoubtedly be the first place they will seize, for they have found many
inconveniences in not having it, and being so near them and so far
from us they may easily do it. That and Holy Island are very
considerable places for any foreign enemy also. Besides it being a
continual garrison, it will be a convenient nursery to make good
officers and soldiers for his Majesty's service. It ought also to be
considered how much it has cost the King to fortify it, and how
little more will bring it to perfection. All is quiet here, only many
officers are absent from their charge, who I hope will be here with
the money we shortly expect and need. [Endorsed: "Received
[Nov.] 25th, answered 27th." 2 pp.] |
Nov. 22.
Cottingham. |
12. Captain Edward Burgh to Edward Viscount Conway. We
cannot find a better place for your horses than Cottingham; we
have provided good store of oats but there is little hay. Relates how
the Dutch trumpeter when drunk killed a horseman of Captain
Howard's troop. If you send not word to the contrary, I will bring
up your next month's pay with me. [Seal with arms broken.
1 p.] |
| Nov. 22. |
Warrant of the Council of War to Thomas Falconberg. To
issue upon Privy Seal of 11 Sept. 1640 one month's pay to Capt.
Henry Yonger, comptroller, and to Henry Bludder and Edward
Dankaert, gents. of the Ordnance for the Train of Artillery for the
south parts. [Minute. ⅓ p See vol. cccxcvi., p. 352.] |
| Nov. 22. |
13. Certificate by Richard Dolphin, vicar of Wednesbury, co.
Stafford, that Richard Stanton, of Wolverhampton, who was one of
the three in the disturbance on Easter Day last in the parish church
of Wednesbury, had made his submission before the congregation
1 November now instant. The like was done by Henry Grosvenor
and Thomas Nocke the 22nd instant. [Underwritten: "Order by
Sir John Lambe for the discharge of the parties named. 27 Nov.
1640." 1 p.] |
| Nov. 23. |
Warrant of the Commissioners for Gunpowder to Montjoy Earl
of Newport. To issue 20 barrels of gunpowder to Thomas Frere, of
London, ammunitioner, for furnishing ships and supply of his shop.
[Minute. See vol. ccclv., No. 61, p. 14. 1/5 p.] |
| Nov. 23. |
The like for 36 barrels to be delivered to Bartholomew Hutchins,
of Tower-street, chandler. [Ibid. 4 lines.] |
Nov. 23.
Kingston-upon-Hull. |
14. Captain Thomas Dymocke to Sec. Windebank. Has been acquitted in a Council of War of the accusations against him by the
voices of nearly 30 commanders. His judges rightly interpreted his
words to have sprung from zeal to the King, the service, and the
men. Encloses copies of the certificate of his acquittal and of the
order for his pay. [Endorsed: "Received 2nd December." Seal
with device broken. 2 pp.] |
Nov. 23.
Llewerllyd, Flintshire. |
15. Ralph Hughes, late sheriff of Flint, to Nicholas. Recounts his
proceedings and difficulties in the collection of ship-money since
May last, when he paid in 460l. of the 575l. levied on the county.
On receipt of the Lords' last letter of Oct. 21, I sent a copy thereof
to all the collectors who were behind, with letters from myself
requiring payment, or I would certify against them; they promised
forthwith to give me account of their doings and bring in what they
could collect of what is unpaid. I have received 50l. which I will
return to the Treasurer of the Navy with all expedition, and what
more I can by any means get in before Christmas I will return as
it comes in; and will then give account what may be received,
what not, and what neglects I find. This is all I can do, unless I
should pay out of mine own purse for such as it may be are better
able than myself. [Endorsed: "Received 14 December." Seal with
arms broken. 1 p.] |
| Nov. 23. |
16. List of patents, to the number of seven, questioned and condemned by the Commons, but referred by his Majesty to the Council
for their consideration; and of patents spoken of in Parliament, but
not condemned, and still under debate; together with the Lords'
opinion what should be done concerning each monopoly. The
patents condemned are for the lighthouses, engrossing wills, &c., for
glasses, writing the King's letters and bills at York, for lobsters and
salmon, for lampreys, and for lists and shreds. The patents and
monopolies still under debate are a commission to Edward Ramsey
for dispensing with the statute of tillage, for sole printing on linen
cloth, for importation of 50 tons of logwood, for sole importation
and garbling of tobacco, for making farthing tokens, &c. [3½ pp.] |
| [Nov. 23.] |
17. Another copy of the same with slight variations. [32/3 pp.] |
| Nov. 24. |
Warrant to the Exchequer to pay to Francis Lord Cottington
7,283l. 11s. 1d. in full of 63,243l. 11s. 1d. payable for pepper which
he bought of the East India merchants for which he is to accompt.
[Docquet.] |
| Nov. 24. |
Warrant to the Master of the Great Wardrobe for watching
liveries for the Captain of the Guard, the yeomen, grooms, and
pages of the chambers, and of the robes and wardrobes of the Queen
Henrietta Maria, being in number 322 persons, for the year ending
at Michaelmas last. [Docquet.] |
| Nov. 24. |
18. Warrant to Henry Sanford, receiver of his Majesty's revenues
in Kent, to pay the captains and garrisons of the forts in the Cinque
Ports the sums due to them according to the muster rolls signed by
the Duke of Lennox, Lord Warden of the Cinque Ports, who has
acquainted his Majesty that notwithstanding the musters therein
duly made by his deputy the officers and soldiers cannot receive
their pay. [Draft. 1 p.] |
| Nov. 24. |
19. Articles of the Commons assembled in Parliament against
Thomas Earl of Strafford in maintenance of their accusation of high
treason. 1. He, the said Earl of Strafford, has traitorously
endeavoured to subvert the fundamental laws and government of
England and Ireland, and to introduce instead an arbitrary government against law by traitorous counsels and actions and by advising
his Majesty by force of arms to compel his loyal subjects to submit
thereto. 2. He traitorously assumed to himself regal power over
the laws, liberties, lands, and goods of his Majesty's subjects in
England and Ireland, and has exercised the same tyrannically to the
undoing of many peers and others his Majesty's liege subjects. 3.
The better to enrich and enable himself to go through with his
traitorous designs he has detained great part of his Majesty's
revenues without giving any legal account, and has taken great
sums out of the Exchequer for his own use, when his Majesty was
necessitated for his urgent occasions and his army had been a long
time unpaid. 4. He hath traitorously abused the power of his
government to the countenancing and encouraging of Papists, that
he might by their help prosecute and accomplish his tyrannical
designs. 5. He has maliciously endeavoured to stir up enmity
betwixt England and Scotland. 6. He has traitorously broken the
great trust reposed in him by his Majesty of Lieutenant General
of his army, by wilfully betraying divers subjects to death, the
army to dishonourable defeat by the Scots at Newburn, and the town
of Newcastle into their hands, to the end that by effusion of blood,
by dishonour, by so great a loss, England might be engaged in a
national and irreconcilable quarrel with the Scots. 7. To preserve
himself from being questioned for these and other traitorous courses
he laboured to subvert the right of Parliament and the ancient
course of Parliamentary proceedings and by slanders to incense his
Majesty against Parliament and to alienate from his Majesty the
hearts of his people, to set a division between them and to ruin and
destroy his Majesty's kingdom; for which they impeach him of high
treason against our sovereign Lord the King, his crown, and
dignity. 8. And he was Lord Deputy of Ireland, and Lieutenant
General of the Army there, and a Privy Councillor for his kingdoms
of England and Ireland, and President of the North, while these
crimes and offences were committed, and he was Lieutenant-General
of his Majesty's army in the North during the time the crimes in
articles 5 and 6 were committed. And the Commons, by protestation, saving to themselves the liberty of exhibiting at any time
hereafter any accusation against the said Earl and of replying to his
answers to the said articles, and offering proof of the premises or
any of the accusations that shall be exhibited as the case shall
require according to the course of Parliament, do pray that the said
Earl may be put to answer the premises and that such examinations, trial, and judgment may be had on every of them as are
agreeable to law and justice. [Printed in Lords' Journals iv., 97.
Rushworth's "Trial of Strafford," p. 8, and in Cooke's "Speeches in
Parliament," p. 117. 2½ pp.] |
| Nov. 24. |
20. Another copy of the same. Compared with the original and
certified a true copy by John Browne, clerk of the Parliaments.
[5 pp.] |
| Nov. 24. |
21. Another copy. [22/3 pp.] |
| [Nov. 24.] |
22. Another copy of the first four articles, with instances adduced
in support of them. [22/3 pp.] |
| Nov. 24. |
23. Order of the Lords Committees for Petitions in the High Court
of Parliament, on the petition of Robert Earl of Lindsey, that the
cause between him and [Theophilus] Earl of Lincoln shall be heard
on Tuesday 8th December peremptorily, and as the Earl of Lindsey
mentions there are divers participants in the cause, he is to take
care that the parties interested shall have timely notice, that they
may attend the Lords at the hearing of the cause at 2 o'clock in the
afternoon of the same day in the Painted Chamber. [¾ p.] |
Nov. 24.
Covent Garden. |
24. Sir William Uvedale, Treasurer-at-Wars, to his deputy, Matthew
Bradley. I am sorry I cannot yet tell you there is any money on
the way towards you, but I am confident there will be some in a
very few days. To-morrow is appointed by the Parliament to consider
what proportion shall be presently sent and what shall immediately
follow, and I conjecture there will not be less than 50,000l. assigned
to this service betwixt this and Christmas. I do not say it will be
sent all at once, nor that the moneys you have returned upon me by bill
of exchange must not be paid here out of that sum, whereof I send
you a particular of such as are come to my knowledge; I confess you
have made a very discreet use of them in lending to the soldiers,
which I have not yet made known here, but do keep the Parliament
in an opinion that the army is utterly unpaid since the 10th of
November. They have entered into consideration of the unnecessary
charge of the army, and if they can they will prevail with the King to
cut off some 15,000l. a month from the train of artillery, and all the
reformadoes, both Scotch and English, and to allow them no entertainment beyond December 8; but this is to be debated to-morrow
and by my next you shall know their resolution. You have so well
ordered the payments of the regiments about York and Ripon that
I give my full consent to it. If you have not paid Elmhurst any
part of his 4,000l. forbear until the army be in better condition. We
are now in some trouble here how to proportion our payments, for
the Parliament has not only undertaken the payment of the army,
but also the composition with the Scots for those northern counties,
which puts us to some distraction for the present; but this you may
build upon, that they are sure though slow. This week by the post
I received yours which I ought to have received last week so worn
and torn it is impossible to read it, and I have sent it you back, that
if there be anything in it I must know, I may hear from you next
week. I must wholly refer the proportioning of the money that shall
be sent down to you; you know best what the three regiments about
York will come to, and the horse 12,000l. a month; and therefore
proportion it so that the payment of the regiments about York and
Ripon may go on equally. I am still of opinion to send all the
money to Ripon and you to send by the same conductor the proportion
necessary for the horse and foot at York. We are here in great
affairs and proceed with a very heavy charge against my Lord
Lieutenant. Let me entreat you not to be discouraged in this work, it
cannot now be long, and that at the end of it you will accept lodging and diet in my house while we live; and that we may live there
like friends you shall be troubled with nothing but my thanks for
your acceptance of it [4 pp.] |
|
25. Thos. Gundrey to RobertReade. I do not find that any commission for inquiry and seizing of Recusants goods has been executed
in co. Southampton since 12 Car., but only that writs of that nature
have been directed to the sheriff of that county. [Seal with arms
broken. ¼ p.] |
Nov. 25.
South Duffield. |
26. George Wasteneys and William Baas to [Captain George Porter].
Morris is dead and buried, and I and the paymaster by my appointment have made an inventory of all your money and goods in his
hands at his death; he mentioned no one to enjoy all those small
sums he said were in your father's hands, except one Richard Jonson,
as appears by a writing in my hands. I shall be careful to keep the
accounts till I see or hear from you. Pray mention what you would
have done. [¾ p.] P.S. by Wm. Bass.—If it please you to accept
my service in Morris' place, I shall be careful to perform my duty
in it. [¼ p.] |
| Nov. 26. |
27. The names of the Lords Committees appointed by the House to
examine all abuses in matters of imprisonments and all other abuses
in courts of justice. Their Lordships, or any seven of them, are to
meet on Friday November 27th, by eight in the morning, in the
Painted Chamber, and at what other times they please. [Printed in
the Lords' Journal iv., 98, where, however, the names of the Earls of
Cumberland, Southampton, and Clare, the Bishop of Coventry and
Lichfield, and Lords North, Montague, and Howard of Char[leton]
are omitted, and the Bishop of Carlisle and Lord Clifford are
inserted. 1 p.] |
| Nov. 27. |
28. Another copy of the same in Sir John Lambe's handwriting.
[½ p.] |
| [Nov. 27.] |
29. Petition of Thomas Earl of Strafford to the House of Lords.
Prays: 1. That no witnesses be examined in this cause till petitioner
has put in his answer to the charge of high treason. 2. That after
his answer, no witnesses be examined before their names have been
delivered to petitioner, that he may except against or cross-examine
them. 3. Before overruling either of these points against petitioner,
that you would hear his counsel at the bar, to show cause why he
desires these points. 4. That you would pardon him if his petitions
be not so formal as they might be if he had the help of counsel.
[Printed in the Lords' Journal, iv., p. 99. 2 pp.] |
Nov. 27.
Whitehall. |
30. Sec. Windebank to Sir John Conyers. Since the Parliament
I have had little leisure to comply with those who have honoured me
with their addresses, and yourself being of those I desire you to accept
this just excuse of my long silence. I have received yours of Oct. 9
and 17, and lately yours of 22nd instant, with duplicates of Colonel
Monro's to Sir Michael Ernle and of Sir Michael Ernle's to you, with
all which I acquainted his Majesty, who commanded me to communicate them to the Lords Commissioners appointed to treat with
the Commissioners of Scotland, which I have done; the Lords will
represent the particulars to the Scotch Commissioners, and according
to their answer take such course for strengthening Berwick and Holy
Island, by supply of 1,000 men, as you propose, or otherwise as shall
be fit. For what the Scots have reported about reducing Berwick,
if the war cease, it is a business of great consideration; and besides
the weighty reasons you give for continuance of the garrison there,
I believe neither his Majesty nor the State of England will hold it
safe to dissolve such a stronghold till they are assured that all danger
of hostility between this nation and that is past. According to your
desire, in your letters by Lord Conway, I have moved his Majesty for
his letters of recommendation to the Queen of Bohemia and the Prince
of Orange for your nephew Hume, and pressed him to write to the
Prince with his own hand, for that he would do it to the Queen, I
made no question; and I left with him a memorial and have reminded him of it sundry times. But finding him extremely full of
business from the Parliament and the treaty with the Scots, and
that it were a sin to be too importunate, I framed a letter to the
Prince of Orange and made a little postscript which I besought him
to add with his own hand when he signed the letter. This he did
and the letter is signed, the postscript written with his own hand,
and a duplicate of it goes herewith. The original is sealed and ready
to be ordered as you direct. That to the Queen of Bohemia his
Majesty has not yet despatched, but I shall quicken it with my best
endeavours. [Copy. 2 pp.] |
| Nov. 27. |
31. Draft of the above in Robert Read's hand. [2 pp.] |
| Nov. 27. |
Warrant of Commissioners for Gunpowder to Montjoy Earl of
Newport. For 12 barrels of gunpowder to be delivered to William
Reignold, of Wapping, ship-chandler, for furnishing of ships and
supply of his shop. [Minute. See vol. ccclv., No. 61, p. 14. 5 lines.] |
| Nov. 27. |
32. Certificate by Sir Henry Vane, jun., Treasurer of the Navy,
of ship-money paid in by virtue of the writs issued in November
1639. Totals received 41,539l., remaining to be paid in, 168,860l.
[1 sheet.] |
| Nov. 27. |
33. Surrender by Thomas Hurt, clerk, B.D., of the living of Chelsworth, Suffolk, in the diocese of Norwich, to the King. [Latin. On
parchment.] |
Nov. 28.
York. |
34. Sir John Conyers to [Edward Viscount Conway]. I shall obey
your commands touching the removing of my quarter. I have sent
Captain Horner to seek Sir William Savile and advise with him, but
I think Otley will be the most convenient place for us. As soon as
money comes the [soldiers] shall remove, sooner we cannot without
much clamour. I durst not but advertise the Earl of Northumberland that I had received order from you to remove my quarter.
His Excellency writes that the gentlemen of this county have entreated him to remove the whole army into that part of Yorkshire
where none have yet been and into cos. Lincoln and Notts., and
methinks he writes as if he intended it. I have said I believe it
will be good for this country and the army that we remove if his
Excellency find it fit we quit the Tees and leave this country open to
the Scots; besides I have desired him to consider if we go to lodge
there what a long time will be required on occasion to draw the
army together and march hither again; at least he must leave
Stockton guarded and some other places on the Tees. When you
have leisure let me know your opinion what will become of us at
Berwick. Sir Michael Ernle and all from Berwick write that the
Scots make great preparation in Scotland and levy the fourth man,
but nobody in England will believe it; nor can I think what they
intend, except to keep what they have in their hands. I wrote
lately to your Lordship and Mr. Shalmer to make over the money I
thought was in your hands, but Captain Brough has told me
it is here. I thank you for your pains touching my nephew Hume.
P.S.—I have written to the regiments that as the cessation of arms
draws to a close every one should prepare their troops to be ready
at an hour's warning. I send his Excellency a copy of my letter,
and meant one for you, but my man is out of the way and the post
is going. [2½ pp.] |
Nov. 28.
Brocklesby. |
35. Sir William Pelham to the same. I was sorry you were
dissuaded from going this way to London, but hope you will return
by Lincoln. All your nieces are indifferently well and now employed
in entertaining Sir Foulke Huncks and his lady, and other commanders, who have visited us on the way to their quarters. I heard
lately from Oxford and Cambridge where both your nephews are well,
so is your godson, and my son William mends fast, the danger being
past as I am assured by one of the King's surgeons who viewed his
knee. [Seal with device. 1 p.] |
| Nov. 28. |
36. Notes by Sir John Lambe of business to be transacted this day
at Denmark House concerning the rents of meadow, warren, tolls, &c.
at Ampthill and Dunstable, Beds., part of the Queen's jointure.
[½ p.] |
| [Nov. 30.] |
37. Petition of George Walker, clerk, pastor of Saint John the
Evangelist's, London, and of Nicholas Alvey and Matthew Treavis,
his parishioners, to the House of Commons. Although Walker has
for 28 years approved himself a faithful minister of God's
word, lived in peace with his neighbours, contented with one of the
smallest benefices in London, and well esteemed by all orthodox
and faithful preachers in and about the City, as appears by an ample
testimony subscribed by above 50 of them; yet of late years, since
the increase of Arminians and Popish reconcilers in the City, he has
been much vexed by false accusations, his doctrine secretly suggested
against by those underminers of true religion, and he has been called
ex-officio into the High Commission Court, put to great charges, and
tired with long attendance, though no prosecutor appeared, nor could
the least crime be proved against him. Sir John Lambe, pretending
a command from the Archbishop of Canterbury, has divers times
convented him and with threatening admonitions prohibited
him from preaching and expounding certain texts of Scripture, as
Gen. ii. 2, 3, concerning the Lord's Holy Sabbath; Is. vi. 10, concerning the hardening of rebellious reprobates by the Gospel preached to
them, and II Timothy iii., about the perils and sins of the last times.
And because petitioner has protested against his illegal admonitions
and refused to be restrained from preaching and maintaining the
true doctrine of justification by the imputed righteousness and satisfaction of Christ, and from confuting the contrary heresy of Socinus
publicly held by some in the City, he has, for no other causes he can
imagine, been traduced for a seditious preacher of factious doctrines
which the present times cannot endure, and a hinderer of the good
work in hand; and upon such accusations urged with great confidence against him he has, before any trial or legal defence, been
imprisoned, whereby Sir John Lambe has taken occasion to sequester the profits of his benefice and to thrust scandalous persons into
his cure to his great grief and offence of his parishioners, among
whom the other two petitioners with others have by Joshua Wilson,
one of the obtruded curates, been vexed with illegal suits in the
Arches, where Sir John Lambe is a party and judge, and have
by him been excommunicated and put to above 40l. costs in
moving for prohibitions, which have been from time to time denied
and could not be obtained till the end of this last term; and notwithstanding the prohibitions issued, Sir John Lambe and his Registrar for their absolution from his illegal excommunication require
money of them and an oath that they will stand to the mandates
of the Church,—which mandates they conceive to be the precepts of
men such as our Saviour condemns in his Church and worship.
Also without just cause he has heretofore suspended the petitioner
Walker; and for the apprehension of a pious young man, an
apprentice in the parish, who was known to take notes of sermons
diligently from the mouth of his pastor, he sent pursuivants, who
forcibly entering his master's house, searched all the rooms, put the
women in fear, caused them to unlock their chests by threatening
to break them open, scattered about the linen and household stuff,
and carried the master of the house by force before Sir John Lambe,
who required bonds of him to bring in his servant, then abroad on
his business; and when he came in of himself bound him over to
the High Commission and told his master they had dangerous crimes
to lay to his charge, the chief he could learn from them being that he
dispersed notes of seditious sermons. In consideration of which
grievances petitioners implore the help of this honourable Assembly,
that they may be redressed and they with many others of God's
people shall continue to pray for the good success and happy issue
of this most hopeful Parliament. [4½ pp.] |
Nov. 30./Dec. 10.
The Hague. |
38. Charles Louis, the Elector Palatine, to Sir Richard Cave.
The Princess of Orange was yesterday with the Queen [of Bohemia],
and told her she had sounded the intentions of the King and Queen
of Great Britain by Mr. Henfliet, whether they would be willing
to match one of their daughters with the young Prince of Orange,
and that for the eldest he found the King unwilling, since he pretended to have been already engaged for her, but that for the second
their Majesties showed no unwillingness, and therefore the Prince
would to-morrow desire the States to ask either of them by a
solemn ambassage, and to beseech their Majesties that the Princess
they will grant may be bred in this country. She made great
excuses to the Queen for having propounded such a business to the
King without acquainting her, and that she concealed it by the
King's special command, she desired the Queen to further it,
because of the good intelligence it would breed between the two
States. Being somewhat beholden to the Prince of Orange, I shall
never envy, but rather wish his good fortune, and I think this is
the greatest that can befall him in this world; but I do not conceive
what should make the King precipitate the match, seeing both
parties are of so unripe an age, and before they come to competent
years the things of this world, and especially of this popular State,
may change many ways. Methinks the King would do better to
temporize with the Prince, and by keeping him in hopes of it he
may have more advantage with this State than by so rashly
engaging his daughter, and his honour, with those who shall always
be obliged to court him as well for fear of the power of Spain as the
growing greatness of France, either of which will, without England's
assistance, swallow them up. Methinks next it is great sauciness
in them to demand the breeding of so great a King's daughter, and
it shows either great pride in them, or a distrust of their Majesties'
integrity, withal it would seem as if she were here as a hostage that
England should not cross their intentions any ways. Lastly, the
concealing this business thus long from the Queen, my mother, shows
much distrust, and little affection from the King, Queen, or Prince
of Orange to her, and consequently that little advantage will thereby befall her, since it seems she is in such a predicament with them,
that they will not trust her with what concerns her nearest blood.
Though my free writing should not be shown to anybody, I desire
Sir Thos. Roe may know my thoughts; but I beseech him that
nothing be rashly concluded in this business, but that some advantage may be made of it in my cause; for if this occasion of the
King and people's meeting be neglected, to speak after all appearance
I am lost. I could wish the King would suffer me to come over
with that man you know, but I fear there is no thought of it.
[4 pp.] |
Nov. 30.
York, midnight. |
39. Sir John Conyers to Edward Viscount Conway. Mr.
Secretary Windebank tells me he has got the King's letter to the
Prince of Orange on behalf of my nephew Hume, and sends me a
duplicate of it. He assures me also a letter to the Queen of Bohemia
and desires to know how to dispose of them. I have with my
answer to him written to Sir William Boswell to the Hague, and
entreated him to take further order about these letters; and have
prayed Mr. Secretary to cause the King's letters to be sent with
mine to Sir W. Boswell. I thank you for your favour in it, and
beseech you help me give Sir Francis Windebank thanks for it also.
I received command from his Excellency to Sir Jacob Ashley and
myself to remove some of the foot and all the horse to other quarters
if the cessation of arms be prolonged, and therefore to be prepared
to march to them on his first orders; so that I think it will be to
little purpose to remove my regiment for so short a space, for the
moneys are not yet come, and till then we cannot remove. However, let me receive your further orders. The horse is all to remove
into Dykemarsh and Marchland, where his Excellency says no horse
have yet been; and if there be not sufficient quarters for us we
may extend on the skirts of cos. Lincoln and Notts., near Dykemarsh. The country complains not so much of the foot as of the
horse, therefore they shall only enlarge their present quarters, and
some of the regiments may remove up towards Craven, where none
have yet been, so that those that remain may have more freedom.
This Sir James Ashley and I will presently put in practice to be
ready against the next orders. The King has given Mrs. Cupper
100l. I find that because his [Captain Cupper's] officers durst not
importune the Lord Lieutenant [of Ireland] they have not received
the full of what was due to him at his death. I wrote to his
Excellency to give his widow the pay he had till the places be
disposed of, and dare say no more. Let the enclosed to Mr. Shalmer
be carefully delivered, for in it is a bill to receive 300l. of Sir
William Uvedale, which I have paid his deputy, Brodley, here.
[3 pp.] |
Nov. 30.
Ferford. [Farforth.] |
40. Ro[bert] Walls to Endymion Porter. Thanks for his past
favours, and protests his love and service, though separated by
distance. Was sorry not to be in the country when [Capt.] Porter
and his wife were there. [Seal with device. 1 p.] |
| Nov. 30. |
41. Notes of business transacted in the Court of Wards from
November 23 to November 30, 1640. Each item is certified by
the signature of Francis Lord Cottington, Master of the Court of
Wards. [Much damaged. 4 pp.] |
| Nov. |
Warrant to [Sir David Cunningham], receiver-general of the
Prince's revenue, to pay to John Burredge, messenger-in-ordinary
to the Prince, 54l. 14s. 6d. per annum, during life, to begin 27
March last; and is in consideration of service done in the copperas
business, and his disbursements in two years' suit for the accomplishment thereof. [Docquet.] |
| Nov. |
Warrant to [George Kirk], gentleman of the King's Robes, to pay
the tradesmen and artificers' bills for wares delivered and work
done for the Robes for half a year ended at Michaelmas 1638,
amounting to 2,464l. 3s. 7d. [Docquet.] |
| Nov. |
A like for payment of 2,421l. 16s. 6d. in satisfaction of the like
bills for the half year ended at Lady Day 1638. [Docquet.] |
| [Nov.] |
42. Petition of Sir William Playters to the King. Petitioner
cannot but notice the proclamation signifying your Majesty's
pleasure that all the gentry shall repair to their abodes in the
country at such times as therein are expressed, which he is willing
to obey in all things. But he is very much concerned to be in
London with his wife, she being very sick, as by testimony of the
doctor who has her in cure, whose name is hereunto subscribed
appears. And as petitioner keeps no settled family in any place,
his father being yet living, who keeps constant residency in the
country, and only allows petitioner a bare annuity; he humbly
prays for leave to reside in London with his wife, notwithstanding
the said proclamation, and that he may not be molested or informed
against for the same. [Underwritten is the name "Thos. Cademan,
who was physician to the Queen, and was probably the doctor
alluded to above." Endorsed by Windebank: "Playters' stay in
town." ½ p.] |
| [Nov.] |
43. Petition of Stephen Williams, tailor, to the Council. One
James Davis, of Southwark, has caused petitioner to be committed to
the White Lion, and thence to the Fleet, on a false accusation of his
having given out that if the Scots should come to London they
would have more partakers than the King. Prays to be discharged
or admitted before the Council to be legally tried concerning this
accusation. [1 p.] |
| [Nov. ?] |
44. Certificate of Richard Crothall, of Benenden, Kent, to the
same. Mrs. Brewer, of Boxley, still sends fuller's earth to the waterside, and has three houses on the shore where she stores the earth
till the tide serves to bring up certain boats in which it is carried
beyond Rochester, and then transported beyond seas in greater
vessels. One Love, of the same parish, and Richard Roodes, of
Maidstone, do the like. [1 p.] |
| [Nov. ?] |
45. Pym's speech in the House of Commons, showing their
grievances and the remedies. 1. The design on the part of the
Papists to alter law and religion. 2. The hierarchy which cannot
attain its object without breach of law. 3. Agents and pensioners
of foreign states. 4. Favourites, as the judges and councillors, who
for promotion prize not conscience; these persecute preachers and
virtuous men, countenance preachers of contrary dispositions, and
who negotiate with Rome to preach the absolute monarchy of Kings.
Political grievances are: 1. The interpretation of law to serve their
own turn and to impose taxes under colour of law. 2. To keep the
King in continual want that he may seek their advice, and that by
keeping Parliaments in distaste their counsels may be taken. 3.
Arbitrary proceedings in courts of justice; all law is left to the
conscience of a single man. 4. Plotters of war between us and
Scotland. 5. The sudden dissolution of Parliaments and punishing
of the members to prevent their speaking their thoughts. 6. The
placing Papists in command of the army. 7. The erection of many
monasteries in London through Papist agents. [Printed in "Cooke's
Speeches in Parliament," p. 458. 22/3 pp.] |
| [Nov. ?] |
46. Sir Thomas Roe's speech on the state of trade and the
prosperity of the kingdom. It is the general opinion that the trade
of England was never greater; but it does not follow that the
kingdom is rich and prosperous. Judging from the abundance or
scarcity of money, gold and silver are very scarce and the kingdom
impoverished. He points out that the money has been drawn away
into other kingdoms, especially into France and Holland where it is
worth more. Gives other causes for the scarcity of coin, and
proposes remedies. [Printed Ibid, p. 185, where the whole speech is
given; this document only gives about a third of the speech. 5 pp.] |
| [Nov.] |
47. Petition of Thomas Denne, reader of the Inner Temple, to the
Lords' House of Parliament. John Denne being possessed of money
and goods to the value of 550l., and having debts due to him to the
value of 300l., by his written will gave legacies amounting to 370l.
and the rest of his moveable goods to Elizabeth his wife, whom he
appointed his executrix, and died without issue; and his wife died
within few hours. After her decease her sister, Jane Sparkes, late
wife of John Sparkes, the Prince's cook, took letters of administration of John Denne's goods; and the Judges Delegates granted
administration of the same John Denne's goods to petitioner, his
brother and heir. Since then John and Jane Sparkes sued
petitioner in the Court of Arches not only for the residue of the
moveables, but also for the debts, which were not included in the
legacy of moveable goods and did not belong to them, as was
resolved by the Judges Delegates, four of whom were judges at
common-law; for debita are in law neither bona mobilia nor
immobilia, but tertia species per se. Pending this suit Jane Sparkes
died without issue, and John Sparkes took new letters of administration of John Denne's goods in the name of Johane Freere and Faith
Keene and prosecuted the suit in the Arches in their names; and in
the vacation after Trinity term 1635 procured a hearing of the cause
in petitioner's absence and obtained sentence against him before
Sir John Lambe for 300l., equal to the whole residue of the personal
estate, the greatest part of which consisted in debts not then
received, contrary to the resolution of the Judges Delegates, and to
law and justice. From this erroneous and unjust sentence
petitioner's proctor appealed to the Judges Delegates, but within a
few days Sparkes procured an order from the Council to hinder the
appeal; and in the beginning of Michaelmas term following when
petitioner came to London to prosecute the appeal the then Lord
Keeper [Lord Coventry], by reason of the Council's order, stayed it,
and willed petitioner to petition the Council therein, which he did;
but after long attendance, through Sparkes and his friends by an
order of November 13, 1635, it was ordered at the Council table,
principally by the Archbishop of Canterbury, that if petitioner did
not rest in the sentence of the Court of Arches without pressing for
a Commission of Delegates he was to stand committed. So for fear
of imprisonment petitioner was forced to give over his appeal and to
pay Sparkes 300l. and 55l. costs, and he has no remedy but in the
justice of this honourable Court of Parliament. [With marginal
notes by Sir Jo. Lambe. 1 p.] |
| [Nov.] |
48. Petition of Miles Burkitt, vicar of Patishall, co. Northampton,
to the same. Nicholas Gare, a blacksmith, lately chief apparitor for
the diocese of Lincoln, and deputy messenger for the High Commission, has within the last six years promoted six suits against
petitioner in sundry ecclesiastical courts, to his cost of 300l., the
loss of six years studies, and great grief of his parishioners. Also in
1637 Gare prosecuted petitioner to his cost of 200l. in the High
Commission Court on the following articles: 1. For saying, as was
pretended, in his sermon that though the faithful were persecuted
and cropped they would continue faithful; meaning Burton and
Prynne. 2. For exhorting his parishioners to contribute to the
necessities of the saints in want, meaning Prynne and Burton. 3.
For being at a fast or conventicle at the parish church of Marston,
co. Northampton. 4. For preaching on Sunday afternoon till 6
o'clock, especially on the feast or wake day. 5. For praying without the Book of Common Prayer in visiting the sick. And as
several commissions were sped about these articles, petitioner,
having had woful experience of the violence and malice of Dr.
Sibthorpe, Sir John Lambe's brother-in-law, gave written exceptions
against Sibthorpe which were well approved by Dr. Eden, one of the
judges; yet Sibthorpe was made a commissioner in each commission
by Sir John Lambe, and being justice of the peace he exceedingly
terrified petitioner's witnesses and threatened to lay them by the
heels below and then cause them to be fetched to the High Commission and smoked above, as by the annexed certificate may fully
appear, only because they refused to answer some of the promoters
captious interrogatories, saying they conceived they were not bound
by law to answer them. After this Sibthorpe, and one Willm.
Ward, his fellow commissioner, made a most false certificate to Sir
John Lambe against three of petitioner's witnesses, whereupon Sir
John sent out an attachment hereunto annexed, and forced them to
wait on him about three weeks in answering articles ex officio mero
in the High Commission concerning the false certificate. Also he
would not let them depart till they made full answer to all the
captious interrogatories which they conceived they were not bound
by law to answer, telling them he would send them to hell with a
candle and lantern. Petitioner begs for justice. [Copy. 1¼ p.]
Annexed, |
|
48. i. The above-mentioned certificate of Daniel Cawdry, rector of
Billing Magna, and James Crawford, rector of Brockhall,
co. Northampton, to Archbishop Laud and the rest of the
High Commissioners, confirming the malice and violence
of Dr. Sibthorpe in intimidating Burkitt's witnesses. Oct.
15, 1638. [Copy. ¾ p.] |
|
48. ii. Copy of the attachment mentioned above issued by Sir John
Lambe against three of Burkitt's witnesses; given at
Lambeth. Oct. 25, 1638. [Copy. ¾ p.] |
| [Nov. ?] |
49. Petition of Lawrence and Robert Squibb and James Proger
to the King. By contract with your Majesty petitioners are to
raise a duty of 3d. on every pair of fine cards and dice, but by
reason of indirect dealings in the importation of foreign cards,
contrary to statute, they could not hitherto raise much more than
1,000l., which has been paid into your receipt. They have been at
very great charges in keeping at work the whole company of card
and dice makers, to their great relief, whereby trade is regained
which was before in the hands of foreigners. Since the coming in
of the Scots petitioners have not sold any cards, by reason of importation of foreign cards, and combination of the shopkeepers, who
frequently sell them at low rates not paying any duty, which in
these troublesome times petitioners have not sought to suppress.
Now, as they have a very great stock of cards and dice on hand
which will be an insupportable loss if not sold now, the only time
of sale for the whole year, and it being likely the Parliament will
dislike the prices they are now at; they pray you to remit the said
duty, that they may sell at the prices heretofore usual, 3d. for the
best cards, 2d. for the second, and 1½d. for the third, and petitioners
will take care your composition money of 2s. per gross reserved on
the cardmakers' charter is duly paid to you. [1 p.] |
| [Nov. ?] |
50. Petition of Lawrence Squibb to the Lords' House of Parliament. Petitioner in managing the business of cards and dice which
he undertook in 1637, has lost 1,500l., and finding great abuses by
the multitude of foreign cards imported, by advice of his counsel
procured a commission out of the Exchequer for discovery of
offenders buying and selling prohibited cards and dice. One Wm.
Shawe refusing to be examined in accordance with the commission
was taken into a messenger's custody to be brought before the
Council to answer his contempt of the commission, and was detained
only one night. About a fortnight after, on information of Thomas
Webb that Shawe had spoken scandalous words against the Council
he was committed to the Fleet by the Lords' warrant, dated
March 24, 1637, where he continued about three months. Hereupon Shawe brought his action of assault and false imprisonment
against petitioner, Robert Squibb and John Worfield, and lays the
same as done on March 24, 1637-8, the day he was committed by
the Lords. This was tried at the Guildhall, London, July 6 last;
and though a copy of the Lords' warrant by which he was committed
upon which petitioner thought he might rely, and to which he was
no party, was produced, and witness on oath to prove it a true copy,
and no witness to prove the commitment to the Fleet as done
by defendants, yet the jury found them guilty and gave the
plaintiff 500l. damages, besides costs, Shawe being a man of mean
condition, trading only in beads, babies, dice, and the like; whereupon petitioner humbly conceives the damages to be most excessive,
and if it be admitted he was guilty of the imprisonment in the
Fleet, he hopes in your opinion that he and the rest have not
deserved to pay the hundredth part of those damages. He therefore
flies to you for succour, having already lost all his small estate in
the business, and been much wronged by Shawe by scandalous
speeches, and being now like to be utterly ruined by this heavy
verdict, and he humbly submits to whatever you shall direct.
[1 p.] Annexed, |
|
50. i. Petition from Lawrence and Robert Squibb to the same
effect as above. [1 p.] |
| [Nov.?] |
51. Another copy of the same. [1¼ p.] |
| [Nov. ?] |
52. Draft of the same. [22/3 pp.] |
| [Nov.] |
53. Petition of John Fletcher, captain of his Majesty's fort at Milton, near Gravesend, to the House of Commons. Complains of the
small number of men, five gunners and a porter, allowed for defence
of so important a fort; that his allowance is only 26l. a year, and
the gunners' pay so small they cannot live on it, while his is two
years, and theirs four years in arrear. Prays for a larger number of
men on competent salaries to be allowed for the fort; that his own
and the gunners' arrears may be paid, and their allowances fitly
augmented; for some unfinished works to be completed, and the
workmen paid for work already done; that a committee of the
House may be appointed to examine what privileges the fort has
hitherto had, and to restore the same. [Endorsed: "Received
these from the Lord Admiral to move the House to give allowances." 2/3 p.] |
| [Nov. ?] |
54. Petition of William Pearne, merchant tailor, of London, to the
same. Petitioner for 20 years has bought tobacco-pipe clay at
cheap rates in great quantities, and it being free and lawful for
every man to buy clay at the cheapest rate he could, petitioner
travelled divers times in the last seven years to the Isle of Wight,
and other remote places, to buy clay at the lowest prices, and had it
brought by water to London at very great expense. Having
brought several barks near to London, James Maxwell, Kirke, Lea,
Price, Brutenell, and Richard Cox, untruly pretending the sole
buying and selling of tobacco-pipe clay belonged to them by some
patent from his Majesty procured warrants from Sir Henry Marten,
judge of the Admiralty, and took by violence whole shiploads from
petitioner, threatened to imprison him, and caused pursuivants,
constables, and other officers for that purpose to molest him, to avoid
which he was constrained to leave his house and family. In his
absence they procured Alderman Atkins, then sheriff of London,
by virtue of a warrant, as was pretended, from Lord Treasurer
[Juxon] to come to his house, and threatened petitioner's wife to
break open the doors, upon which she opened them; and on
pretence of the same patent they took all the clay out of his house.
Not only did they take petitioner's clay by land and water, and sold
it at 6l. a ton, but they have forced him to buy his own clay of
them at that price, an excessive rate, it being formerly sold at 20s.
per ton; and by suits and vexations have caused him for peace sake
to enter bond to them, by all which he is ruinated. He prays his
losses may be examined by this House and recompensed by the said
parties, and that the said patent may be produced, having been
formerly condemned and cancelled in this High Court 21 Jac. I.,
as petitioner is credibly informed, and presumptuously set on foot
again by the said parties who have thereby gained at least 2,000l.,
and undone petitioner and many others. [Draft. 1 p.] |
| [Nov.] |
55. List of some members of Parliament, apparently those adverse
to the Court, since it comprises such names as Lords Digby, Say,
and Brook, Sir Walter Earle, Sir John Hotham, Hampden, and Mr.
Pym, against whose name is written "sold his offi[ce.]" [1 p.] |
| [Nov.] |
Warrant of Henry Earl of Holland to Richard Willis and Thomas
Beale, woodwards, of co. Northampton. We have received certificates from Spencer Earl of Northampton, master of the game within
the forests of Whittlewood, and Sir John Wake, Bart., lieutenant of
the forest of Salcey, as well as from you, that the several coppices
here mentioned are fit for his Majesty's profit to be felled and sold
this present year, being usual saleable woods, parcel of the King's
casual revenue, to be accompted for before his auditor in the
ministers' accompts of that county, and for making of which sales
to the King's use we have made choice of you, to whom these
presents are directed. Subjoined, |
|
Note of the parcels of underwood that may be spared this year,
1640, to be sold for the King's use in the forest of Whittlewood, co. Northampton. The like in the forest of Salcey,
co. Northampton. The like in Grafton Park, co. Northampton. [Copy. 4¼ pp. See vol. ccclxxxiv., pp. 99-103.] |
| [Nov.] |
Petition of the inhabitants of the parish of Loughton, in the forest
of Essex, to Henry Earl of Holland, chief justice and justice in
Eyre of all his Majesty's forests, chases, and parks on this side
Trent. That Thos. Williamson, William Button, and Richard
Cremer, of that parish, are now seated in several habitations, yet
they persist in building habitations for their dwellings on the
common of forest in that parish contrary to the laws of the forest
and kingdom, the impoverishing of the parish, destruction of
common woods, and evil example to others, there being at this time
many houses empty and to be hired. Pray that course may be
taken for stay of these buildings, and for demolishing of what they
have already set up. Subscribed by 14 of the inhabitants. Subjoined, |
|
Instructions by the Earl of Holland to Sir William Hix, lieutenant of the forest, to forbid the persons complained of to
proceed any further in their unlawful buildings, and if
any refuse to conform to certify to the Earl their names,
that he may take such further order for the repression
of this disorder as shall be agreeable to the forest laws.
[Copy. 1½ p. See vol. ccclxxxiv., pp. 103-105.] |
| [Nov. ?] |
56. Petition of Robert Stone, prisoner in the Marshalsea, to Sec.
Windebank. Petitioner has been prisoner in the Marshalsea these
10 months, and lately pardoned by his Majesty from suffering
death; he has endured great misery by lying on the bare boards
and has been kept from starving as long as his poor mother could
relieve him, but she has become so poor she can do no more for him.
He prays you to let his pardon pass the Signet, that he may be able
to do his Majesty service. Underwritten, |
|
56. i. "I desire Sir Henry Marten to certify me the nature of
petitioner's offence, together with the circumstances thereof,
and whether it be fit for his Majesty to grant him his
gracious pardon; that thereupon I may receive his
Majesty's further pleasure herein. Francis Windebank."
[1 p.] Annexed, |
|
56. ii. Certificate by Sir Henry Marten that at a sessions held
for the Admiralty in Southwark March 21, 1638-9, Stone
was convicted of buggery and sentenced to death, but was
pardoned by his Majesty on his being certified of the
offence. [1 p.] |
| [Nov. ?] |
57. Edward Nicholas to [Sir John Conyers]. On receipt of yours of
the 20th inst. I prepared ready for the King's hand the two letters
you desired [see November 13, vol. cccclxxi., No. 60 and Nov. 27, this
vol., No. 30], and delivered them to Sec. Windebank, who I believe has
before this sent them to you. It is conceived that your Instructions
were sufficient to authorise you and such as you should appoint to see
the service in the East and North Ridings of Yorkshire. The letters
for Cumberland and Westmorland were at first omitted, but now they
are despatched and will I hope be with you before this comes to your
hands. I shall most readily employ my best endeavours in anything that may either advance his Majesty's service wherein you are
interested or may be of use to you in particular. [Draft partly in
shorthand. ½ p.] |
Nov.
Toddington. |
58. Thomas Lord Wentworth to Edward Viscount Conway.
Expresses his desire to serve his Lordship, which he may hereafter
have the opportunity to prove if his fortune improves. [1 p.] |
| [Nov.] |
59. Notes by Sir John Lambe, endorsed, on the petition of Cokein
and Bracye. [½ p.] |
| [Nov. ?] |
60. Proposed scheme for reducing the army, specifying the regiments
to be retained in the King's pay, with a list of the number of the
troops as they are now taken, amounting to 5,553 men. If these
5,553 men, which are now in 11 regiments, are to be reduced to
4,000 his Majesty may be pleased to express into how many regiments
these 4,000 shall be reduced, then to nominate the chief officers and
order the under-officers also to be appointed. Each captain may
then be appointed where to receive the soldiers that shall make up
his company, and have warrants to receive them from their present
commanders. Care must also be taken what course to take with the
officers and soldiers that are to be cashiered, that they commit no
disorder through discontent or want of government. If your
Majesty will have but 4,000,—as seems to be necessary, having
victuals for no more,—those that shall go reformadoes must be drawn
within the number of the 4,000 in such regiments as they shall
choose; and they must be allowed some money monthly for providing themselves victuals extraordinary. Their general entertainment
must be specified; they will look for some imprest, and the rest at
their return. The supernumerary and sick soldiers that must be left
behind your Majesty may order to have some money in lieu of the
clothes provided for them and to carry them home into their own
counties, and pass-ports given them describing the ways and limiting the number of days allowed them to travel, and strict orders to
punish them if found out of those ways or misbehaving themselves;
for which purpose the Lords may write to the justices of the
counties which they pass through to suffer them to pass, to be care
ful of their behaviour, and punish them if they behave not civilly.
There are two points that offer to break uniformity in the carriage
of this business: Lord Morton's regiment of 1,400 men and Captain
Butler's company of 200 Irish. The remedy for this will be to
reduce the rest of the regiments to 800, which is 80 in each company,
and so the four regiments and the company of Irish will amount to
4,000. Stricter order must be given to all officers to bring up their
men, and deliver them according to a list they shall receive from
the Lord General, to such persons as he shall nominate. [2¼ pp.] |
| [Nov.] |
61. Brief of the cause for which the prebendaries of Durham, York,
and others are impeached on complaint of Mr. [Peter] Smart. Mr.
Smart in 1628 preached a scandalous and schismatical sermon at
Durham in which were many invectives. 1. Against Divine
Service as performed in cathedral churches; saying their whole
service was little else than superstitious vanity, squeaking, bleating,
roaring, thundering; and that singing was a base employment, &c.
2. Against the Books of Common Prayer, Ordination, and Articles of
religion; saying that the name of priest was Popish, antichristian,
&c. 3. Against his Majesty's chapel; saying that the altar was a
damnable idol and was never out of the King's chapel, &c. 4.
Against the Fathers of the Primitive Church; saying that they made
way for Antichrist and the abominable sacrifice of the Mass, &c. 5.
Against his superiors and brethren in the church of Durham; calling
them blind guides, rotten members, little better than heretical Montanists, blind Popish priests, &c. 6. Against the peoples communicating in that [cathedral] church, saying how dare you
communicate here? Stay at home in your own churches, not yet
polluted with idols, &c. This sermon he printed in Scotland and
published here without licence, and added a slanderous preface full
of untruths and pretended innovations in the church of Durham,
which indeed were no other than what have been usually and
anciently practised in other cathedral churches of England and his
Majesty's chapels royal; as the altar or communion table set at the
upper end of the choir, wearing of copes, vocal and instrumental
music, bowing, standing at the Creed after the Gospel, burning many
wax candles, and the pictures of cherubims over the choir stalls and a
tomb which have been there nigh 300 years. For this sermon he
was convented before his Majesty's Commissioners at Durham,
being most of them prebendaries of that church, but they did
nothing whereby he suffered either imprisonment, fine, or loss in his
estate. Afterwards the High Commissioners at London, taking
notice of it from Dr. Howson, then Bishop of Durham, convented Mr.
Smart by letters missive. Thence, before any proceedings were
taken, he was by his own consent, transmitted to his Majesty's
Commissioners at York, where, after deliberate hearing of the cause
and full proof made: 1 He was sentenced to make an acknowledgment of his fault, fine and imprisonment being added till he
should perform it, according to the usage of that court. 2. On his
express refusal thereof he was excommunicated by the court. 3.
On his further contempt they ordered the profits of his spiritual
livings to be sequestered; but this was not put in execution. 4.
Upon his incorrigible obstinacy after 15 weeks Dr. Harsnet, then
Archbishop of York, and some other Commissioners there, degraded
him from all ecclesiastical orders. Whereupon, by a trial and judgment at the common-law in the assizes at Durham, he was ejected
from his prebend at the suit of Dr. Carr, who succeeded him in it, and
has enjoyed it these nine years. And upon a suit in the Chancery at
Durham brought against Mr. Smart by Mr. Robert Chapman, who
succeeded him in his parsonage, he willingly consented to Judge
Hutton's decree, that resigning all right in the parsonage, he
should receive out of it, the whole value being 80l. yearly, the sum
of 40l. yearly, which has been paid him ever since. Lastly, on the
King's special command, he was lately sent for out of Northumberland by the Bishop of Durham to appear before the Council in
London to answer for preaching seditious sermons. Notwithstanding all this, Mr. Smart now complains in Parliament of these several
proceedings against him and of the former pretended innovations
at Durham. To which the persons impeached have made true
answers. Underwritten, |
|
61. i. Mr. Smart also complains of Dr. Cosin in particular: 1.
That he officiated at the altar with his face towards the
east. 2. That he crossed the cushions and forms in the
church. 3. That he spoke scandalously against the Reformers of our religion. 4. That he said, the King was not
Supreme Head of the Church. To which Dr. Cosin has
made this clear and true answer: 1. That he never
purposely turned to the east, always officiating at the north
side of the table, unless about 12 years ago,—and never
since, when he stepped once or twice to the former part to
bless and deliver the bread and wine, which being usually
placed in the midst of the table he could not otherwise
have reached. Nor was this any singularity in him, for
divers of the prebends used so to do before his coming
to that church. 2. It never entered his thoughts to cross
the cushions or forms, yet there are divers old cushions
with embroidered crosses on them, as part only of the
church arms, that were so made long before his time. 3.
He has always blessed God for the Reformation of the
Church of England from Popery and superstition; that
his sermon preached about 15 years since and now complained of was directly contrary to Mr. Smart's untrue
suggestion. 4. That in a casual discourse about 14 years
since he only said that the Acts of Parliament now in
force did not call the King supreme head, but supreme
governor; as Bishop Jewell, Dr. Reynolds, Mr. Camden,
and others have declared against the Papists; yet that then
he did and always has maintained his Majesty's Supremacy
according to his bounden duty and his oath frequently
taken. [2 pp.] |
| [Nov.] |
62. Brief of the defence of the proceedings against Mr. [Peter]
Smart by the High Commission at York and the Dean and Chapter
of Durham. To the same effect as the preceding paper, except that
the underwritten notice about Dr. Cosin is omitted. [1¾ p.] |
| [Nov. ?] |
63. Statement of the cause of Mr. Kilvert, declared by the
Vintners' Company to be projector of the 40s. per tun duty on
wine [and brought before a Committee of the House of Commons].
In 1633 Lord Treasurer Weston demanded of the Vintners' Company 4l. a tun on retail of their wines; the Company refused it, and
a Star Chamber decree was made to bar them from dressing flesh.
In Feb. 1634 the retail vintners were questioned for breach of the
decree, and thereupon they lent 6,000l., and got leave to dress meat
till December following; all this appears by the orders at Vintners'
Hall. But they exceeded that time, so Stanley and 16 more
vintners were in Feb. 1636 brought by Mr. Attorney into the Star
Chamber for breach of the decree; this appears by Star Chamber
records. This was eight months before Alderman Abel and Kilvert
knew one another. In October 1637 Stanley moved Kilvert to get
his pardon, but the King refused to pardon any, commanding
Kilvert to attend Mr. Attorney in questioning the rest for breach of
the laws. This being made known to the Company, they consulted at
their hall, and to save themselves out of the Star Chamber they drew
up a petition in 11 articles, one of which desired allowance of 1d.
a quart, and offering his Majesty 40s. a tun if he granted them the
1d. a quart, and other benefits; all which they contrived at their
hall, and Mr. Kilvert never heard or thought of the 1d. a quart or
40s. a tun till they had contrived the petition at their hall in Nov.
1637, 10 months after they were questioned in Star Chamber; but
they were never questioned at all by Kilvert. The King grants
their petition, and thereupon the Vintners, with the French and
Spanish merchants, contract with the King by indenture. The
Vintners took counsel, and were advised by Mr. Recorder and
Serjeant Stone that they might lawfully enter into that contract.
Now this contract proving unlawful, the Vintners to excuse themselves would lay the fault on Kilvert, and say he threatened
them with the Star Chamber, and so would conclude him the projector; whereas it appears by records they were sued there by Mr.
Attorney eight months before he knew of the business, and the
petition, the 40s. a tun and 1d. a quart, were projected by themselves at their hall, and solely for their benefit; and it could be no
benefit to Kilvert. It is against all probability that they were
threatened into this contract, for—1. They propounded it at their
hall, and petitioned for it. 2. They often ratified it at their hall,
as appears by several orders. 3. It was so beneficial to them, and
solely to them. Yet they would be admitted witnesses, being
parties, and to excuse themselves would depose that they were
threatened by Alderman Abel and Mr. Kilvert. But it will be
proved by witnesses, no parties, that Alderman Abel and Mr.
Kilvert could not rest for their importunities to finish the
business for them, after they had agreed on it amongst themselves
at their hall. Mr. Kilvert submits it to the wisdom of this honourable Assembly whether it be likely that the whole Company of
Vintners would be brought to petition for and enter into a contract
of such weight, together with the French and Spanish merchants,
for a threatening in Star Chamber; or whether the apparent profits
they were to enjoy thereby drew them into it. And admit Kilvert
had threatened to sue them in Star Chamber, when any common
informer might have done it, for breach of the laws; shall this
conclude him the projector of this 1d. a quart and 40s. a tun, which,
by the Vintners' own orders, appear to be projected by themselves at
their hall? Lastly, the Alderman [Abel] and his counsel took up
almost two days in his defence, and in recriminations on Kilvert,
so that there was no time for Kilvert to make these particulars
appear, though he was and is ready to prove every word by
witnesses, records of Star Chamber, and orders of Vintners' Hall.
[1½ p.] |
| [Nov.?] |
64. Another copy of the same. [12/3 p.] |
| [Nov.] |
65. Political lampoon in verse, consisting of nine stanzas of six
lines each; the penultimate stanza runs—
"Although this island abound in all crimes,
The Parliament saith we shall have better times,
Then let us not faint, like things without hope;
A halter for traitors, and a fig for the Pope.
Let Spain and the strumpet of Babylon plot,
Yet we shall be safe."
[Much abbreviated. 1 p. Printed in Rous' Diary, p. 110.
Camden Society's Publications.] |
| Nov. |
66. Brief in a suit in the Arches Court, on behalf of Christopher
Horne against Mr. Robert Knowles, clerk, vicar of Bibury, co.
Gloucester. [11 pp.] |
