Charles I - volume 473: December 1-31, 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 473: December 1-31, 1640', in Calendar of State Papers Domestic: Charles I, 1640-1, (London, 1882) pp. 291-331. British History Online https://www.british-history.ac.uk/cal-state-papers/domestic/chas1/1640-1/pp291-331 [accessed 20 April 2024]

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December 1-31, 1640

Dec. 1/11. 1. Elizabeth Queen of Bohemia to Sir Thomas Roe. Since I wrote by this bearer to you, the Princess of Orange has told me of a match almost concluded between her son and my second niece. The bearer will tell you my sense of it and how it has been carried; I pray do in it as he shall desire from me both to the King [of England], and the Earl of Northumberland, and to both as of yourself. I cannot see what the King can gain by precipitating this marriage, but only to give a pledge to the States [of the United Provinces] for his good behaviour. They seek to get my eldest niece, but that I hope will not be granted, it is too low for her. Do your best in this and that which you find for my brother's honour, for I cannot see he can get any by hastening the match, besides you may think what interest I have in it, both for my brother's honour, my niece's good, and my children's. [Two seals with arms and crown. 1 p.]
Dec. 1. 2. Order of the House of Commons that Mr. Sec. Windebank shall to-morrow morning answer such questions as shall be propounded to him on several informations delivered in here against him. Meantime he is to have notice of this order. [8 lines.]
Dec. 1. 3. Mr. Glyn's report from the Committee for Inquiry after Papists. Evidence against Sec. Windebank for releasing priests and Jesuits under his own warrants, &c. [Printed in the Commons' Journals ii., 41, and Rushworth's Collect., iv., p. 68. 3 pp.]
Dec. 1. 4. Richard Johnson, keeper of Newgate, to Robert Read. I was questioned by the House of Commons how and why Peter Curtis, a priest, Young, a monk, Valentine, a Grey-Friar, and Francis Harris, a secular priest, were committed to Newgate, and by whose warrant they were discharged. I answered that I never had in my custody any of the warrants of commitment or discharge, only I found an entry in a book that one James kept when he was clerk to the keeper that Peter Curtis was delivered by warrant from Sir Ralph Windebank, Principal Secretary of State, June 12, 1634, but it was conceived it was a mistake of the name of Sir Ralph for Sir Francis; that William Valentine was delivered by warrant from Sec. Windebank, 12 December 1633; Francis Harris by the like warrant, 4 June 1634; and that Willm. Young was continued prisoner on the indenture at Michaelmas 1635, which is all I have touching those four. I answered, too, that since then Henry Morse was convicted for a priest and reprieved before judgment, and afterwards discharged by warrant under the King's hand dated 20 June, 13 Car., which warrant I left with you and [you] now have it, that the same Morse and John Goodman were committed by order from the High Commission, 18 June 1640, and were both discharged by Mr. Secretary's warrant, 3 July 1640; that John Blake, a Papist, was committed by Mr. Whitacre, 17 May 1640, for scandalous speeches against religion, was tried at the King's Bench and stood on the pillory and fined, and discharged by Mr. Secretary 4 September 1640, which is all the account I have given. John Browne was committed by warrant from the Archbishop of Canterbury, Sir John Lambe, and Dr. Duck, dated December 5, 1639, and discharged by Mr. Secretary [Windebank], March 19, 1639[-40], but I gave no account of him. I only told the committee for this business [to inquire after Recusants] to whom I also gave the same account, that one James Laurence, formerly committed for a priest, but never in my custody, was a prisoner to the House, but at large as he had formerly been, at the instance of a friend of mine, and I now have him in hold. This is all the satisfaction I can give you. The warrants and book before mentioned I was commanded to produce all but those for Browne. With hearty desires of good success I rest. [Endorsed: "Discharge of Priests by Windebank." 1 p.] Enclosed,
4. i. Note of Papists discharged out of the New Prison and the Clink by Sec. Windebank alone, also a list in Read's writing of those so released from the Gate-house and Newgate. [1 p.]
Dec. 1.
Covent Garden.
5. Sir William Uvedale, Treasurer-at-Wars, to his deputy, Matthew Brodley. I am so confounded here with the orders of the Parliament House I much fear I shall not make myself understood. I have spent many hours idly with you, I would give 100l. for one of them now. The case is thus: the Parliament has undertaken the payment of the army from the 10th of November, upon which foot I think the horse and foot stand clear, had I known how to have got in that money you returned upon me by bills of exchange, which appears to me already to be 4,840l., I would not have undertaken this business, but I was forced to hedge in that debt, for so it lay upon me to undergo this new way of payment, the King having no money to pay it me. Therefore, the case standing thus, we must be both content with it for a time, I hope it will be but a short one. There is 30,000l. to be sent down to the army, it will be set forth I think on the 3rd inst. It is to be distributed to the army by way of lendings, from November 10, but you must remember that this 4,840l. is part of it, for I must pay it here, and perhaps I may stay 1,000l. more of it if I see it may be spared. I find by your letters there is advanced by way of lendings to the foot 7,200l., this must go on the Parliament account; and therefore you will have some spare money in hand upon the King's account, which I desire you will reserve in your hands and deliver to no paymaster under you there except just so much money as will make up the lendings, they have delivered out already. [Margin: "The Parliament knows not of these lendings."] For the sums the Lord General shall resolve to allow by way of lendings to the horse and foot, as soon as I receive their directions you shall have them, I expect them to-morrow. The trouble will be that you, Miviott, Leech, and Henn must begin your account in new books from November 10, and keep that account apart, for that must be the Parliament's account, the other the King's. If the paymasters for the horse have advanced anything by way of lendings to their troops since 10 November, that must be looked after also, and so much abated out of what should be allowed, for the Lord [General] will proportion how much shall be lent to every troop and so much must be charged to them on the Parliament's account. I am much afraid I have not made my meaning plain, and therefore desire Talbot may be sent hither post, and by some discourse I shall be better able to make him understand all things here. I have written to him to that purpose, and desire that by him I may understand the true state of the army from November 10. The danger will be, if you have paid any warrants since that time, how we shall come off with them. I desire also a list of the warrants in your hands yet unpaid. This post I have received no letters from Ripon or York, which troubles me much. [4 pp.] Enclosed,
5. i. Note of the sums returned on Henn and Miviott. [1 p.]
Dec. 1.
Office of Ordnance.
6. Certificate by the Officers of Ordnance specifying the quantity of gunpowder sold during November and what remains in store. Issued in November 3 lasts 5 cwt., remains in store in the Tower and at Portsmouth, 213 lasts 17 cwt. 41 lbs. [2 pp.]
Dec. 1. 7. Thomas Butler to Endymion Porter. Is so much in debt from borrowing money to supply the wants of himself and family he is in great distress, and his horse being lame at Hatfield, he knows not how to get home; prays for assistance and advice. [1 p.]
Dec. 1.
Burdrop.
8. Sir William Calley to Richard Harvey. I approve well of the moneys Mr. Long has called in, and would have the 208l. tendered to Anne Bowdler, though it be somewhat after the day it was due; and if it be agreed between them that Sir Edward Wardour shall receive the money, yet besides having my bond up I would have it under her hand in writing and not take her bare word that she did consent thereto; for the other odd 100l. called in and the remainder of my interest money in your hands, I wish you to keep it till you hear from me or my son how to dispose of it. You shall be welcome to Burdrop at Christmas or any time you think fit to come. I conceive it unlikely at present to have my bonds out of the Exchequer as Lord Cottington and Mr. Lenthall are absent from that court. I am glad Sir William Beecher is at liberty again. One thing seems strange, and questionless it was a mistake in you, that the third brother, Maurice, of the Prince Palatine is gone towards Bannier, and the Prince himself is still in Denmark instead of France I believe. Orders household stores. I cannot see how enough treasure should be raised out of men's fines to pay all his Majesty's debts and fill his coffers without the delinquency be general. We hear the Bishop of Lincoln is called to sit in the Higher House, but I give no credit to it, because you could not have passed by such a remarkable thing. [Seal with arms. 1 p.]
Dec. 2.
From the Clink.
9. Thomas Dade, keeper of the Clink, to Robert Read. According to your request Mr. Davison sent you yesterday the names of those gentlemen committed to his custody and discharged by Mr. Sec. [Windebank] alone, some out of the New Prison in Maidenlane, of which Davison was keeper—the prison being now dissolved—and the rest out of the Clink; their names as presented to Parliament, were, viz., out of the New Prison, Harry More Mr. Tressum [Tresham], now prisoner in the Clink; out of the Clink, Humfrey Turberville, Waler, Drury, Holmes, Edward More, a condemned man, and Southworth, a condemned man, now prisoner in the Gate-house. I thought good to give you further notice that the Committee insisted most on these two points, that condemned men were discharged by him alone, and they as well as the rest by the name of gentlemen only, no mention being made of priests answerable to their warrants of commitment. Davison was also questioned of my going abroad, and answered that he thought Mr. Secretary had business with me that concerned the State, so I hope Mr. Secretary will answer for me in that point. P.S.—Use the same diligence in this business at the Gate-house and Newgate, for he [the Keeper] of Newgate being required to produce his warrants of releasement, unable to give a good account, said he thought all the priests that were missing were released by Mr. Secretary. [Seal with device. 2 pp.]
Dec. 2.
Westminster.
Nicholas to the Officers of the Ordnance. The Commissioners for Saltpetre desired you to send by Friday an exact certificate of all serviceable powder delivered into his Majesty's stores by Samuel Cordewell between Nov. 1, 1639, and Nov. 1, 1640, being the fourth year of his contract. [Copy. ½ p. See Nicholas' Letter Book, Dom., James I., vol. ccxix., p. 181.]
Dec. 2. 10. Thomas Butler to Endymion Porter. Understanding you are very much displeased with me for some words I wrote yesterday, I am heartily sorry I should write or speak anything to displease you, therefore beseech you to forgive me what is past, and I shall be careful of what is to come. My necessity forces me to trouble you it is so great that unless you commiserate me I cannot clear myself out of this town, nor yield any comfort to my family when I come home. [¾ p.]
Dec. 3. 11. Sir Edward Deering's third speech in the House of Commons on the Canons passed in the late Synod. This morning is designed for our consideration of the late and former canons, and what the clergy have miscalled a benevolence; I shall only touch on the first. The Pope, they say, has a triple crown, and that he may support it, pretends to a threefold law: the first jus divinum, episcopacy by Divine right; this he would have you take to be the crown next his head. Our bishops have in an unlucky time presented their title to this crown, especially episcopacy by Divine right. The second is jus humanum, the gift of indulgent princes, temporal power; this law belongs to his middle crown, also pleaded for by our prelates in print. These two crowns being obtained he, the Pope, makes a third himself, and sets it on the top. This also has its law, jus canonicum, of more use to him if once you admit it than both the others; so our prelates from the pretended divinity of episcopacy, and the temporal power granted from our princes, now obtrude a new canon-law on us. They have charged the canon upon us to the full, never fearing they should recoil into a Parliament, they have rammed a prodigious and ungodly oath into them. The illegality and invalidity of those canons may be manifested by one shot, viz., what do you call the meeting wherein they were made? Mr. Speaker, who can frame an argument aright unless he can tell against what he is to argue? Would you confute the Convocation House—they are in a holy synod. Will you argue against their synod—they were the Commissioners? Will you dispute their commission, they will mingle all power together, and perhaps answer they were something else we neither know nor imagined? Unless they own who they were, we may prosecute a non-concluded argument. I have conferred with some of them, founders of those canons, but can never meet any of that Assembly who can answer the first question in the Catechism—what is your name? The sum of their answers is, they were a convocation house, or synodical assembly of commissioners. Indeed, a monster to our laws, a Cerberus to our religion, a strange commission where no commissioners names are to be found, a strange convocation that lived when the Parliament was dead; a strange holy synod, where one part never conferred with the other; but, indeed, they needed no conference if it be true, quis nescit canones Lambethæ formari, priusquam in Synodo ventilentur? They have innovated on us, we may say it is justice and it is lex talionis to innovate on them, and so I hope we shall shortly do. Meantime my humble motion is that every member of that meeting who voted the canons come to the Bar of this House with a canon book in his hand, and unless he can answer the Catechism, as I called it, in such express terms as this House think fit, he shall abjure his own issue, and be commanded to give fire to his own canon. [Printed in "Cooke's Speeches in Parliament," ed. 1641, p. 94, and much fuller in Rushworth's Collect., iv., pp. 100 -104. 2 pp.]
Dec. 3. 12. Another copy of the same with some variations. [2½ pp.]
[Dec. 3.] 13. Petition of Henry Burton, late prisoner in Castle Cornet, Guernsey, to the Commons. Recites the proceedings against him in the Star Chamber and High Commission for two sermons preached in his own church, St. Matthew's, Friday-street, London, in November 1636; was censured in the Star Chamber, fined 5,000l., deprived of his benefice, degraded from all his University and other degrees, ordered to be set on the pillory, and have both his ears cut off, and be perpetually imprisoned in Lancaster Castle, whence he was removed by what extra-judicial order he knows not, to the said Castle of Guernsey. Prays the House to assign him Mr. Serjeant Atkins, Mr. Tomlyns, and Mr. Gurdon for counsel, to assist him in the better manifestation of his grievances in this cause. [Signed: "Henry Burton," and endorsed: "Mr. Burton's new petition." Printed in Rushworth's Collect., iv., p. 78. 1 p.]
Dec. 3.
London.
14. Certificate of George Fletcher, John Wood, and George Warren, merchants, of London, trading to Barbary. We laded the ship Royal Exchange, of London, 400 tons burden, with guns and other merchandise, to be delivered in the Road of Sophia in Barbary, to the Emperor of Morocco or his agents, paying freight according to agreement with Robert Blake on behalf of the Emperor; which agreement not being performed we desire authority from his Majesty to sell the said guns and merchandise to our own use in any place we can. [¾ p.]
Dec. 3.
Covent Garden.
15. Sir William Uvedale, Treasurer-at-Wars, to his deputy, Matthew Brodley. I have sent to Ripon by Goldsbury to-day 25,000l., 10,000l. of which is to be delivered to the Commissioners for the counties under contribution; the rest is for the army. Out of this I have paid your bills of exchange, whereof you must stand charged; they come to 4,840l. Before you can receive this money you shall have instructions how to dispose of it to the army. [Seal with crest. 1 p.]
Dec. 3.
Wakefield Lodge.
16. Thomas Beale, lieutenant of Whittlewood Forest, co. Northampton, to [Spencer Earl of Northampton, master of the game in the said forest]. We are assaulted on every side of the forest by deer stealers or purlieu men, who will destroy the game if your Lordship continue silent one half year more. I do not mean all purlieu men, but some who have in these 12 months got their purlieus made free-warren, and prohibit our pages or any of us irom coming therein to re-chase the King's deer, on pain of 5l. or 10l. fine for each trespass as their patent runs; so we cannot hunt our deer as we used to make them keep within the forest bounds, nor know half the deer they daily kill. Yet of deer lately killed which we could take notice of in Lord Spencer's purlieus, and the forest adjoining, by Parson Shyrt, John Symonds and his son, Robert Dewhurst, Anthony Gibbes, and the rest of the inhabitants of Wicken, and Sir Edward Tyrrell, and his company, who seldom hunt apart, I enclose a particular, by which you may partly see the mischief done to Hanger Walk and Wakefield in the last six weeks by not sparing unseasonable deer, and at unseasonable times, with such violence, too, that a doe killed by their dogs which fell in the forest was wrested out of the hands of the page's son by the two Symonds. If you sit down under this his Majesty's officers will shortly compass their ends concerning this forest, which I conceive, by their large grants of free-warren, is to destroy the game, that the King may have no pleasure here, and be more willing to sell it. Describes more abuses by deer stealers. If you please to confer with the King's Attorney I believe he will question these common deer steelers in the Star Chamber, though some of them suppose their offences will be pardoned by this Parliament. Good my Lord, be urgent in maintaining your own rights in the trust you have here under the King, which has been too much trenched upon by the Earl of Holland by appointing a steward without your consent, and granting a warrant to hawk all the forest over, both which the former masters of the game here had entirely to themselves; and now lastly by making the ancient purlieus free-warren, though Sir Charles Harbord, by certificate from me and divers letters since, had timely notice with sufficient reasons to prevent it. And for your fee-wood, and that of your rangers and lieutenant which by the Surveyor General, Sir Charles Harbord's, too good husbandry for the King, has been these three years suspended, I think it a fitting time now for you to get your right thereto re-established, as it was always formerly duly paid to to you and the former masters of the game. P.S.—Sir Edward Tyrrell, presuming, I think, on the power of his brother, Windebank, never begins his chase in his own purlieus, if he has any, but in Lord Spencer's, and is so greedy after flesh he kills carrion or unseasonable deer. [3 pp.]
Dec. 4. 17. Minute of a warrant for the commitment of Sir John Jennings to the Fleet. [Docquet.]
Dec. 4. 18. Memorial by Sir John Lambe of what was agreed at the Queen's Council held [at Denmark House] under date, about tenements and rents at Scalby, co. York. [¼ p.]
[Dec. 4.] 19. [Speech by Robert Read in the House of Commons in answer to the charge against Sec. Windebank and himself.] I know I shall come upon a huge disadvantage to answer this charge, enforced with such confidence by this man. I know, too, with whom I have to deal, one that has craft enough ex-officio. But I hope to prove him not his craft's master in this, and that part of this charge is merely fantastic, part most maliciously scandalous. The offer of the composition is that which most nearly touches Mr. Secretary [Windebank] and myself, and 'tis that too, I dare say, that renders the whole business more odious to this honourable Assembly. That no such offer was made by us, but that such an offer made by him was scorned by us, is my part to prove, and I shall do it fully. To prove that such an offer was made by us is his part, and I believe he will find it hard. The party he alleges to have made such an offer is so mere a stranger to me that to this hour I never saw his face. But whatever he be that has made any offer in Mr. Secretary's name or mine he shall have his thanks for it that he is in the practice against us. These generals I thought fit to represent to this honourable House, which, though I cannot expect they can altogether dis-deceive them, yet I hope they may serve to suspend their judgments till they shall have heard my answer; which is my most humble desire. [Endorsed: "Mr. Sec. Windebank." Draft in Read's handwriting. 1½ p.]
Dec. 4.
York.
20. Sir John Conyers to [Edward Viscount Conway]. The last I received from you was to remove my regiment from Wakefield, which had been done ere now had money come; and that we are not to expect this 10 or 12 days. I have since informed you that his Excellency [the Lord General] intends we shall all or most of us remove if the truce be prolonged; and I beseech you then let me have a direct order what troops shall remove and what stay. But, as I have said, money must be first here to pay all scores. I now send his Excellency a list of the quarters we now lodge in; the like I send you enclosed, and desire to know how to dispose of Captain Barry's troop, where he shall march, and where lodge. Sir Jacob Ashley tells me the Eoman Catholics are all to be discharged by the 8th of next month, and he has notice to inform of them. I beseech you let me hear from you. [1½ p.] Enclosed,
20. i. List of the quarters of the regiments in Yorkshire. [1 p.]
Dec. 4.
Covent Garden.
21. Sir William Uvedale to Matthew Brodley. I have sent you by my fellow Harrison 24,000l., there is also 10,000l. of the money to be delivered to the Commissioners of the northern counties, the rest is for the army. I purpose to despatch a post to you that will be with you before this messenger. [Seal with crest. 1 p.]
Dec. 4. 22. Deposition of Henry Horsfield, of Halifax, co. York, on oath before Robert Rich, J.P., concerning the importation of fuller's-earth to Hull. About 18 November last deponent being at Hull had information by one William Hodgson that John Holmes had brought a good quantity of fuller's-earth, and delivered it on shore to one Henry Holmes, of Hull, belonging to his Majesty's custom-house there, who there offered it for sale, promising Hodgson 10s. to provide him a chapman; but by what licence the earth was wafted thither deponent knows not yet, but Holmes promised to bring more, that being sold, when they pleased. About the same time a quantity of fuller's-earth was at' Hull offered in barter with a clothier for kersies, by Richard Wran, hall keeper there. But whether it was the earth imported^by Holmes, or any other secretly brought thither, deponent cannot learn. By this means deponent cannot dispose of the quantity of earth he has been licensed to bring to the said county [of York]. [Endorsed: "John Holmes is now loaded with lead from Hull, and lies about Porter's Quay." ½ p.]
Dec. 5.
Westminster.
Nicholas to the Officers of the Ordnance The certificates of the 1st and 3rd of December crossed each other, for in the one Mr. Cordewell was stated to have brought in his full proportion of powder for the month of August, and in the other that the proportion for August was wanting. The Commissioners desire to be certified from you for how many and which months Mr. Cordewell has delivered in his monthly proportion of gunpowder for the fourth year of his contract. Send back both these certificates. [Copy. 1 p. Nicholas' Letter Book, Dom., James I., vol. ccxix., p. 181.]
[Dec. 5.] 23. Henry Elsyng, clerk of the Parliaments, to Robert Reade. I have been several times to-day to wait on you from his Grace of Canterbury, who desires to see Mr. Sparkes' petition to the House of Commons against Dr. Cousins, which you have among those papers you received of me. I entreat you either to deliver it to Mr. Dell, or to appoint him a time for me to wait upon Mr. Secretary [Windebank] or you for it. I should also look at my journal to satisfy his Grace in some particulars concerning Dr. Beale what time you shall appoint, if you will let me understand it by Mr. Dell. [1 p.]
Dec. 6.
Whitehall.
24. Order of the King in Council. Whereas Thomas Ball, Thomas Pentlowe, John Gifford, Thomas Martin, John Spicer, John Friend, Peter Whalley, Edward Arnold, Edward Pickering, Henry Collins, John Ward, John Eakins, and Thomas West were in May last convented before the Board for their carriage in the election in April of knights of the shire for co. Northampton for the ensuing Parliament, tending, as was then conceived, to the prejudice of the deputylieutenants, they having cried out "no deputy-lieutenant," and made that an exception in the minds of the people, to the great hindrance of the levy of soldiers then in hand; and after being examined by the Attorney General were dismissed on entering bond to answer any information brought against them on his Majesty's behalf in any court of justice: this day his Majesty in Council was acquainted by Mr. Nicholas, clerk of the Council, that the said parties desired to have their bonds delivered up, that no further prosecution might be taken against them. His Majesty considering thereof, and having heard his Attorney General, who took the said examinations, was pleased to make this favourable construction, that the words mentioned were not spoken against the office of a deputy-lieutenant but to distinguish the other gentleman to whom they then gave their voice, who was not a deputy-lieutenant, and with the advice of the Board ordered their bonds to be delivered to them, and that they should be discharged from any proceeding that was to be had against them touching the matter aforesaid. [2 pp.]
Dec. 6/16.
Calais.
25. Robert Reade to his cousin [Thos. Windebank.] Thursday night last [Dec. 3] I wrote to you from Queenborough, where we lay on board all night. In the morning early we put forth, but from an extreme calm got no further than Margate Roads that night. Saturday morning we were very leisurely conveyed to Deal, where the ship anchored, and finding her very unfit for our turns because so unwieldy in this calm, we got a little cockboat of Deal to waft us hither; but the night proved so dark we could not find this town, and the next morning the fog grew so great we had very much ado to find the passage into this place. This Mr. Secretary [Windebank] has passed very well, having been sick only one hour last night at sea, but of other things you will imagine he is most sensible. If possible we shall go towards Paris to-morrow. We should be extremely glad to hear what are like to be the proceedings concerning him, and though my own particular in this time be of least consideration to me, yet you will oblige me infinitely to let me know whether anything is spoken of concerning me that may reflect so deeply upon me as to question my poor fortune; for although I call God to witness I am not guilty of the least corruption or dishonesty, yet I believe I may run hazard, and in such a case it were fit to provide for the best. P.S.—Methinks by the dexterity of our friends with you some way might be found to accommodate these grievous businesses and so to bring us together again. Consider it and advise with some friends about it; by my next I will say my opinion more fully. [Seal with arms and crest. 2 pp.]
Dec. 7. 26. Resolutions condemning ship-money passed by the House of Commons on the report of the Committee for Ship-money. [Endorsed by Nicholas: "Ship-money condemned by vote in the House of Commons." Printed in the Commons' Journal, ii., p. 46. ¾ p.]
Dec. 7. 27. Another copy of the same [1 p.]
Dec. 7. 28. Lord Falkland's speech in the House of Commons against the decision of the judges in the case of ship-money. I rejoice very much to see this day, yet truly mine opinion is we have yet done nothing if we do no more. I will first desire the forgiveness of the House if in aught I say I seem to entrench on another profession and enter on the work of another robe, since I have been intrusted by the report of a learned Committee, and confirmed by the uncontradicted rule of the whole House; since I shall say nothing of this kind but in order to somewhat further; and since I am confident, history alone is enough to show this judgment [in Hampden's ship-money case] contrary to our laws, and logic alone sufficient to prove it destructive to our propriety, which every free and noble person values no less than his possessions. I will not profess I know of myself, and all who know me know it of me, that my natural disposition is far from inclining to severity, much less to cruelty; that I have no particular provocations from their persons, and have particular obligations to their calling against whom I am to speak; and that only public interest has extorted from me that which I would not say, if I conceived it not both so true and so necessary, that no meat undigested can lie heavier on the stomach than this unsaid would have lain on my conscience. Lord Falkland then proceeds to expound the bearing of the case and the grounds which rendered the decision of the judges illegal. They have delivered an opinion and a judgment, the first in an extrajudicial manner, and both upon an extrajudicial matter, that is such as came not within their cognizance, they being judges and neither philosophers nor politicians, in which when it is so absolute and evident the law of the land ceases and that of general reason and equity, by which particular laws at first were framed, returns to her throne and Government, where salus populi becomes not only suprema but sola lex. This argument gradually leads up to the conclusion that the Lord Keeper Finch is the chief transgressor. It is, therefore, my humble motion that we choose a select Committee to draw up his and their [the judges] charge and to examine their carriage in this particular, to make use of it in the charge; and if he who thought tampering with witnesses in a private case worthy of so severe a fine should be found guilty of tampering with judges against the public security; if he shall be found to have gone before the rest to this judgment, and to have gone beyond them in it; that in punishment for it the justice of this House may not deny him the due honour both to precede and exceed the rest. [Printed in "Cooke's Speeches in Parliament," ed. 1641, pp. 336-341. and in Rushworth iv., pp. 86-88. 8¼ pp.]
Dec. 7. 29. Thomas Williams to [Endymion Porter]. Protests his gratitude for past favours. Has sent an Oxford cake by bearer, his cousin, from which if it prove good let Captain Porter have one toast in a cup of Muscadine. Entreats his cousin may have his petition signed, for which alone he stays; for his adversaries wish to crush him and already give out that next term they will pay him. [½ p.]
Dec. 7.
Glympton.
30. W. Wheate to Dr. [Richard] Bailey, dean of Salisbury, his brother-in-law. I am heartily vexed at the gross foolery of these Chester men; their proceedings are absolutely without any privity of mine, and I hope so of my father Stone. They had not cause to complain of his Grace of Canterbury unless it were for his favour in helping them out of those briars; and it is most absurd in them to mention any of those particulars which I and my father Stone did act, and for mentioning whereof we now must inevitably incur his Grace's hard censure. I pray you confer with my father hereof and plead for us as you find just cause, and if you intimate it requisite for me to come up and justify any particular I shall do it most readily. I am sorry things have been so ill-carried concerning our friend Mr. Warner. His wife is better and they send their love [Dorso, in Laud's handwriting: "Mr. Wheate's letter about the Chester men." Seal with arms broken. 2/3 p.]
Dec. 8.
York.
31. Sir John Conyers to [Edward Viscount Conway]. Last night I again received order from his Excellency [the Lord General] to remove the horse to other quarters in and about Marchland; but the troops being a month's pay behindhand and having got credit in their quarters according to his Excellency's orders, it would be a great inconvenience to the country to go hence and leave their scores unpaid. I have, therefore, stayed them here till his Excellency's further order and fear I shall be chidden for it, though I think I have not done amiss. I have also desired in this now and in my last to know who shall remove and who stay, for some have been in these quarters but awhile, and the Tees ought to be guarded and Stockton Castle not abandoned. This his Excellency said in one of his last, but gives me no direct order in it. His Excellency writes also that the Parliament and the King have resolved to cashier the Popish officers, and that next pay-day it shall be put in execution, but gives me no order who shall be discharged nor who shall do it; this day is the pay-day his Excellency meant but there is no money to pay them. He writes also to cause 20,000l. to be conveyed to Croft Bridge for the Scotch army and that it must be done by a discreet captain; here are but three in all, of whom Vaughan, a Papist, is one and he will now be discharged. I will take order in that and Jack Minee [Captain John Mennes ?] shall be the man. I have sent Sir Foulke Huncks towards Dykemarsh and Marchland to inform himself of those places and mark out our quarters, that we may with the more speed remove on his Excellency's order. I believe you were glad to be gone hence when here was much business, for [my part] I am very weary of this place now there is but little to do. I am of opinion the business will not last long with us here, nor with me elsewhere. [2 pp.]
Dec. 8.
Covent Garden.
32. Sir William Uvedale, Treasurer-at-Wars, to his deputy, Matthew Brodley. There is 50,000l. now upon the way, 30,000l. of it is for the army, the other 20,000l. is for the relief of the northern counties, you must take care it is delivered to the Commissioners for the northern counties at Ripon, whither indeed all your moneys are to come according to your own directions. This 30,000l. must be distributed to the horse and foot by the way of lendings, but you must remember that all you have lent already must be part of it; your bills of exchange are paid out of it and whatever you have advanced to the army more than those bills must be reserved by you to pay some arrears of the King's army unto November 10, and when I know what remains I will give you directions how to dispose of it. The case is altered with us now again, for the Parliament is contented that the Lord General shall have the disposing of the moneys as he formerly had, and I enclose a list signed by him how the moneys are to be disposed of. You know the Scotch and English reformados are to be cashiered, and certainly if you cannot get money from the Lord Mayor of York, they will expect to be paid to the very day on which you pay them off, and I know not well how it can be avoided. Deliver over the 20,000l. to the Commissioners for the northern counties as speedily as you can, for they pretend their countries are plundered for want of it. I have sent you copies of the Lords' letter to the Commissioners, of the Parliament's orders, and of an acquittance by which you may see the substance. I have sent also a bill for 100l. which I have paid here to Sir William Allenson directed to his lady, it is to be paid at sight, and was done upon much importunity. I send also another bill drawn from me by the like importunity which is for 14 days' pay that I have advanced to Captain Porter; pray take care I lose it not. Golsbury brings with him 25,000l. with his bills of exchange, and Harrison 24,000l., only somewhat for his charge is deducted; the other 1,000l., making up Harrison's 25,000l., I have stayed here for bills of exchange and portage money 300l. of it must be paid to Sir John Conyers and 100l. to Sir William Allenson. I have sent also a warrant for Talbot to come post; if you think needful send him, for by that means we may clearly understand one another. P.S.—I have sent you a letter of Miviott's by which you may see what has been advanced to the troops under his charge. It is not intended by these directions that you should advance these sums to every regiment out of the money sent down, but that you should make up the sums formerly advanced to these sums, otherwise your bills of exchange cannot be paid. Lieutenant-Colonel Price desires you to receive his entertainment for him and pay none of it to his lieutenant and when you have it I will pay it him here. More money will be sent shortly, when you shall have at least order to clear the army one month. [4 pp.]
Dec. 8. 33. Certificate by the Officers of the Ordnance of the gunpowder delivered into his Majesty's stores by Mr. Cordewell, his Majesty's gunpowder-maker, from 1 November 1636 to 8 December 1640. From November 1636 to November 1637 he delivered in 240 lasts; from November 1637 to November 1638, 200 lasts, or 40 lasts less than the quantity contracted for per annum; from November 1638 to November 1639, 240 lasts; and from November 1639 to November 1640, 214 lasts, or 26 lasts less than the contracted amount, which is still deficient for this year. [22/3 pp.]
Dec. 8. 34. Deposition on oath of William Hurman before John Page, that having examined the yearly value of the inheritance of Thomas Lord Arundel of Wardour in cos. Somerset, Devon, and Cornwall at his direction, he conceives that if the said inheritance were now sold it would not yield 3,500l. [½ p.] Annexed,
34. i. Deposition on oath of John Ellis before the same, that Thomas late Lord Arundel of Wardour, deceased, had divers children, who, together with their issue, are above 20 persons now living. [¼ p.]
Dec. 8. 35. Certificate of Thomas Sheppard, J.P. for Middlesex, that Sir Thomas Aston, Knight and Baronet, has this day taken the Oath of Allegiance before him. [Seal with arms damaged. ½ p.]
Dec. 9. 36. Order of the House of Commons. That Sir George Ratcliffe, now in the custody of the Sergeant-at-Arms attending the House, be by the Speaker's warrant committed to the Gate-house and be kept there in safe custody during the House's pleasure, there being an information of high treason against him; no man to speak with him but in the presence and hearing of the Keeper of the Gate-house. [1 p.]
Dec. 9.
Office of Ordnance.
37. Certificate of the Officers of the Ordnance to the Commissioners for Saltpetre and Gunpowder. That Mr. Samuel Cordewell, gunpowder-maker to his Majesty, has in the year November 1639 to November 1640 delivered into his Majesty's magazine only 200 lasts of powder, being 40 lasts short of the yearly quantity he contracted to supply. [1 p.]
Dec. 9.
Covent Garden.
38. Sir William Uvedale, Treasurer-at-Wars, to Matthew Brodley, his deputy. I have sent you by Lord Crawford a list signed by the Lord General for payment of the Scotch reformados. I have also advanced him 100l., which you must defalk out of his pay; I could not avoid it for they had no money to carry them down. I much fear they [the reformados] will expect their pay to the very day on which they are paid off, and if so you must advise with Sir John Conyers or Sir Jacob Ashley, who must grant you a warrant to do it. Deliver the 20,000l. for the northern counties to their [the Scotch] Commissioners at Ripon as soon as may be. [Seal with crest broken. 1 p.]
Dec. 9. 39. Receipt by Matthew Brodley for 1,000l. received of Thomas Hodgson, alderman of York, for the use of Sir William Uvedale in paying the army; to be repaid by Sir William within 10 days after sight hereof. [½ p.] Dorso,
39. i. Received the above 1,000l. from Sir William Uvedale for the use of Alderman Hodgson, of York. Thomas Dickson Dec. 19, 1640. [4 lines.]
Dec 9. 40. The like for 350l. received from Sir John Conyers. [½ p.]
Dec. 9. 41. The like for 300l. received from Thos. Hewley, draper, of York. [½ p.] Dorso,
41. i. Received the above William Lester, servant to Mr. Tempest Milner, draper, of the Red Lion, Watling-street. December 22, 1640. [4 lines.]
Dec. 9. 42. The like for 200l. received from William Loupe, clerk in Mr. Brookes' office in the Exchequer. [½ p.]
Dec. 9. 43. The like for 200l. recieved from Robert Hemsworth, alderman of York. [½ p.]
Dec. 9. 44. Certificate by Sir Edward Wardour, J.P. for Middlesex, that Henry Skipwith, son of Sir Henry Skipwith, has now taken the Oaths of Allegiance and Supremacy before him. [½ p.]
Dec. 10. 45. Petition of Edmund Craddock to the House of Commons. Petitioner being one of the church-wardens for St. Martin's Parish, in Leicester, for the year 1633, was, on discharge of his office in 1634, cited to appear in the spiritual court held at [Market] Harborough before Sir John Lambe, commissary to the Ordinary of the diocese, and Mr. Reginald Burden, his surrogate; where several articles were exhibited against petitioner about pretended misdemeanours in the execution of the said office, to the following effect: 1. That he refused on Mr. Burden's command to remove one Jacob Bothomley an excommunicated person, out of St. Martin's Church during Divine Service. 2. That he did or might know that divers of the parishioners during the time he was church-warden omitted to stand up at the rehearsal of the Creed, to bow at the name of Jesus, to kneel at public prayers, or to sit uncovered at the time of Divine Service [marginal note: "These four offences he was bound by law present"], yet he omitted to present any person so offending to the Ordinary at his visitation; with divers other articles of the like nature. Petitioner having appeared on the citation was examined, and by order of the court was adjourned to appear again at a certain day appointed by the said judges; and so from one day to another his appearance was adjourned 30 several times, so he was forced on every adjournment to repair to Harborough and back, a distance of 12 miles from Leicester, and was kept in continual attendance thereupon from June 1634 till December 1635; and at length for want of appearance in the said court he was by Sir John Lambe and Mr. Burden excommunicated, nor could he be absolved till he had by the taxation of the surrogate of the court paid 5l. 10s. to the proctor that prosecuted him ex-officio. Petitioner desires this Assembly to take this case into their consideration, that poor subjects may be eased from the insupportable burthen they undergo by the abusive proceedings of ecclesiastical courts in this and many other cases of like nature. [Copy. Endorsed by Sir John Lambe: "R. 10 Dec. 1640," but Craddock's petition was not referred to the Committee for scandalous ministers till 29 June 1641. The marginal notes are by Sir John Lambe. 14 pp.] Annexed,
45. i. Form of acknowledgment enjoined on Edmund Craddock, of St. Martin's Parish, Leicester. 19 Sept. 1636.
45. ii. Certificate that Edmund Craddock performed his acknowledgment in the vestry of St. Martin's, Leicester, Oct. 9, 1636. [1½ p.]
[Dec. 10.] 46. Petition of Jacob Bothomley to the same. Petitioner being apprentice to his father, late of Leicester, did, in 1634, by his command, repeat to him the notes he had taken of a sermon preached at St. Martin's Church, Leicester, on a Lord's day in that year. For so doing petitioner was cited to appear in the spiritual court before Sir John Lambe, commissary to the bishop of that diocese, and Mr. Reginald Burden, the surrogate, and for his pretended offences he was by them enjoined in St. Martin's, Leicester, in time of Divine Service, to make his public acknowledgment hereto annexed. Petitioner refusing to perform this order they decreed excommunication with an inhibition, thereby not only pronouncing petitioner excommunicate, but in the public congregation inhibiting all persons to buy or sell, eat or drink, or have any commerce with him. So he was forced to give up his trade in Leicester, and seek a livelihood elsewhere, notwithstanding his earnest petition to Sir John Lambe in London for absolution. He continued excommunicate for six years, till the issuing of the writs for this Parliament, when he was absolved. He humbly offers his cause to the consideration of this House, and craves such redress as shall be thought meet. [Copy, with marginal notes and queries by Sir John Lambe on petitioner's statements. 1¼ p.] Annexed,
46. i. An order of acknowledgment enjoined on Jacob Bothomley, of All Saints' Parish, Leicester, to be performed as follows:— [Marginal note by Lambe: "Did he not submit at his absolution, and promise or consent to perform this penance ?"]. He is next Sunday at evening prayer to come into St. Martin's, Leicester, and stand as the minister shall appoint where he may be best seen and heard by the congregation, and penitently to repeat this confession in an audible voice after the minister, "Good people, whereas I, not having the fear of God before mine eyes, nor respecting my soul's health, have wilfully and stubbornly broken the King's Majesty's laws which in conscience I ought to have obeyed, by taking upon me" [marginal note: 'Sir, to my best remembrance the words within inverted commas which I have under-scored were put out of his acknowledgment, and then he consented to do it'], having no authority or lawful calling hereunto, to expound the Word of God by repeating sermons, and performing or rather profaning other parts of God's Divine Service in public, delivered by me in private meetings and before persons excommunicate, contrary to the laws and lawful commands of my ordinary, thereby breaking the godly peace and unity of the church, and giving scandal to religious and sober-minded persons. I do, therefore, being enjoined by my ordinary, humbly acknowledge my offence and am heartily sorry for it, and do from my heart acknowledge that all the King's Majesty's laws ecclesiastical are agreeable to the Word of God, and that I will hereafter conscionably and faithfully observe the same, and live in due obedience of his Majesty's laws and the lawful commands of my ordinary and superiors, and never offend again in this kind. And I desire you all here present to be satisfied with this my submission and acknowledgment, and to pray with me, and for me in this form of prayer, Our Father which art, &c." [Copy. 1¼ p.]
Dec. 10. 47. Another copy of the same. [Endorsed by Sir John Lambe: "Copy of Jacob Bothomley's petition, R. December 10, 1640." 2 pp.]
[Dec. 11.] 48. A political squib written upon the presentation of the City's petition against Bishops to the House of Commons, entitled, "Alderman Woolestone's [John Wollarton's ?] speech upon that discreet petition against Bishops and Church Government, subscribed by him and Alderman Warner, together with some 5,000 ingenious and understanding craftsmen; and by them without fear or witting faint-heartedness presented to the House of Commons." It is a pungent doggerel poem of 150 lines, beginning—
"To you, grave Speaker, and the rest beside
Grace from above and peace be multiplied,"
and then proceeding to rail against bishops and episcopacy in such lines as—
"First, down with Bishops, that ungodly fry,
You may at leisure yield the reason why . . ."
It concludes—
"Besides, this discipline will work a wonder
Ne'er known since Popes went out, 'twill keep Kings in safety."
[4 pp.]
[Dec. 11.] 49. Petition to the House of Commons [endorsed by Archbishop Laud: "Draft of the City's petition in Parliament," apparently a counter petition to that printed in Rushworth iv., p. 93, being favourable to the retention of the episcopal government and forms of the Established Church]. The unexampled care and labour of this Assembly to remove what might any way shake the settled peace of the Kingdom in Church or Commonwealth emboldens us to represent our fears and humbly seek redress. Whereas you have already, to our great joy and comfort, given new life and vigour to the laws prudently made against Popish recusants, and removed divers innovations in our Divine Service tending to their favour as we feared, and have put us in great hope of deliverance from Popery, as time and opportunity shall enable you to finish that great work, whereto we glady promise our best endeavours: now we find that by neglect of due execution of Church government, divers other schisms, that for a long time slept or lurked in corners, are in several conventicles professed almost as publicly amongst us as the true doctrine of the Church of England; and the due preaching of the Word of God is oft diverted from teaching the true doctrine of our Church, and the observance of the legal and evangelical commandments, and other fit instructions of saving faith and Christian conversation, to contentions about matters indifferent, declamations against the established form of divine service, and to seditious incitements to tumults. And hence have grown in the Church distractions of very dangerous consequence, tending to the great dishonour of Almighty God, the scandal of the true Protestant religion professed by us, the abuse of those holy places consecrated, and ever since the Reformation continued apart, for God's public worship, the contempt of the ministry so far that illiterate laymen have presumed to preach and minister the sacraments, and the general corruption of manners and growth of disobedience. Hereby the consciences of good men are disquieted and disheartened, and the bad let loose to profaneness and contempt of government and magistracy, so far that we have just cause to fear these growing evils will shortly produce further outrages dangerous to the City and the whole kingdom, if not prevented by your timely care and countenance of the public magistrate in the just execution of the laws for suppressing such disorders, and in confining the ministers and lecturers to their holy and modest duties of sincere doctrine, exemplary humility and obedience, by all good means promoting the unity of the Church and peace of the kingdom. We, therefore, pray the timely and speedy help of this Assembly for strengthening the enfeebled sinews of government, and for quenching the seditions that schismatical ministers and preaching laymen daily kindle amongst us, whereby we may subsist till you shall one by one destroy the cankers of public liberty in our Commonwealth, to which nothing can be so destructive as anarchy; and weed out the schisms and false opinions in our Church which can never be safe if divided. [Corrected and endorsed by Laud. 1 p.] Annexed,
49. i. Draft of the clause "whereas you have already . . . best endeavours," substituted in place of the corresponding clause in the above petition, which is struck out. [8 lines.]
[Dec. 11.] 50. Petition of the inhabitants of East Holland and Sibsey, and other commoners in the east and west fens, lying on the north-east side of the river Witham, co. Lincoln, to the same, signed by Nehemiah Rawson, John Lyne, and William Clay. Petitioners and all dwelling in East Holland, Sibsey, and places adjoining during the time of their residence there have time out of mind enjoyed free common of pasture for all their cattle and turbary and other profits in the said east and west fens, by reason of which commons, multitudes of people have been induced to live in those unwholesome parts, and have been enabled, not only to make many chargeable gotes, drains, bridges, and other works of sewers for preservation of the fens, but to maintain many thousand families, and to pay to his Majesty's provision 100l. per annum for East Holland only, and to maintain in arms for his Majesty's service, and the kingdom's, 140 footmen at least, besides horses and other great charges. Yet of late some persons, out of a covetous desire to advance their own out of petitioners' estates, have endeavoured to deprive them of the greatest part of the commons, the principal livelihood of many thousands of petitioners; and to effect this Sir Anthony Thomas, pretending the fens were hurtfully surrounded about 10 years since, procured himself to be chief undertaker for draining the drowned grounds in those parts, and procured a Commission of Sewers directed to sundry persons of quality residing in those parts, who proceeded by jury of substantial men to inquire what grounds were hurtfully surrounded, which jury of above 30 able men returned on oath that only the east fen and some sea-walls adjoining were hurtfully surrounded; whereupon Sir Anthony Thomas and his secret assistants more intending to add to their estates by getting great shares out of the west fen and other grounds, which were good and rich ground, than to advance the public good by improving bad ground, and finding the Commissioners of Sewers would not unjustly betray petitioners' estates to their covetous desires, by strength of their friends procured a new Commission of Sewers from his Majesty, superseding the former. Few or none of the old Commissioners were named in the new Commission, but most of those named were coadjutors of Sir Anthony Thomas, and having thus obtained power, the new Commissioners without any jury, and in an illegal way, on a slight and colourable view of their own, found not only the east fen but great quantities of the west fen and other grounds, the particular inheritance of many persons, to be hurtfully surrounded and thereupon imposed several taxes on the fens and grounds for draining them; and for nonpayment of the tax which they knew beforehand could not possibly be paid, they unlawfully decreed to Sir Anthony Thomas, John Worsop, and other partners in the design not only a full half of all the east fen, but also about 5,000 acres of the west fen, the whole fen being only about 17,000 acres, and also many several grounds of divers lords and owners near those fens, to the great impoverishing of the whole country thereabouts and the utter undoing of multitudes of petitioners and their families. Since this decree Sir Anthony Thomas, John Worsop, and their participants have inclosed all the grounds decreed them, and by privy conveyances have divided them amongst themselves and their friends, and the residue of the fens left to petitioners remain as hurtfully surrounded as before the draining was undertaken, and they have excluded petitioners from having their wonted course in their old drains for their other grounds of inheritance not contained in the undertakers' level, to petitioners' very great damage, and have appropriated the bridges and sluices over the same to their own use without giving any satisfaction for them, and many of the new works of the undertakers are so weakly erected that some of them have lately fallen down and so all the country about had been in great danger of being surrounded had not the inhabitants by their great industry and at excessive charge speedily prevented it. Further, Sir William Killigrew, Robert Longe, George Kirke, a groom of the Bed Chamber, and Thomas Cooke, counsel-at-law, not content herewith, but desiring more of the west fen, have procured some agreements with his Majesty to have the west fen, reserving an inconsiderable rent to his Majesty for it, and the better to wring from petitioners the residue of the said fen not taken from them under colour of draining, and to gain the best part of it to share amongst themselves, they procured a great number of Privy Seals out of his Majesty's Court of Duchy at his Majesty's suit and served them on a multitude of petitioners, being men accustomed to live in peace and unacquainted with law suits, on purpose to terrify them into yielding them another great proportion of the west fen by way of improvement as pretended lords of the soil, and before the return of the Privy Seals George Kirke and his partners procured and brought into the country a commission to treat with petitioners about the fen and his Majesty's right therein, affirming they should have his Majesty's favour if they would yield him a proportion thereof peaceably, but if not his Majesty would proceed in suit against them; upon which threats and specious pretences Kirke, Longe, and their participants obtained from some of petitioners agreements to have part of the said fen, and to settle the rest with many advantages on petitioners, to which agreements very many of the most considerable persons among petitioners never consented, but Sir William Killigrew, George Kirke, and their partners, under colour of such pretended agreements, inclosed by force to themselves, but in pretence for his Majesty, about 6,700 acres of the best part of the west fen, and left petitioners a very small quantity, and that in such narrow bits that it is rather highways to the said participants' great inclosures than common for the thousands of people that have right of common therein, and the better to establish themselves in their possession, they caused petitioners to be sued in his Majesty's Duchy Court at his Majesty's suit, and the possession of the premises to be settled on themselves and taken from petitioners by injunctions illegally obtained, by which petitioners are stript of the premises, albeit not one article of the pretended agreements is made good to any of them. Moreover the participants have sued, pursuivanted, and imprisoned many of petitioners to their utter ruin. Petitioners pray to be restored to their rightful commons in the said fens, and to be repaired for the damages they have sustained, and that the offenders may be punished according to their demerits. Signed by Nehemiah Rawson, John Lyne, William Clay. [2 sheets.]
Dec. 11. 51. Summons by William Ellys, chairman of the Committee of Fens, requiring certain persons whose names are not given to appear on the 1st Feb. [1641], before the Committee of the House of Commons that is to take into consideration the petition of the inhabitants of East Holland, Sibsey, and other commoners in the east and west fens lying on the north side of the river Witham, in co. Lincoln, on that day. [Endorsed: "Received from Mr. Rawson Dec. 15, 1640." Draft. ⅓ p.]
Dec. 11. 52. [Sir John Conyers] to Algernon Earl of Northumberland. I have to-day received yours of the 8th inst., and with it a list of moneys to come down for the troops, and order for disposing of them. The money will be welcome to the soldier and the country, but five weeks will be due to the troops before it can be here, for it is not expected till Tuesday at the soonest. Sir Foulke Huncks is not returned from Dikemarsh, but has sent back his lieutenant, Marrowe. I send you his letter, but Marrowe avouches the quarters in Dikemarsh, Marshland, and Isle of Axholme are far worse for horse than he expresses. The rivers he writes of are only passable by boat, three, four, or five horses at most in a boat, and in bad weather no boat can stir, he has passed three to-day. There are four or five towns at most, in each of which one troop may lodge, but in 10 others one troop cannot lodge, he says scarce a squadron; and the baggage of the troops must be left here, for he says 'tis almost impossible for horse alone to stir, so 'tis no good winter quarter for horse or foot. I shall once more attend your pleasure herein, and beseech you to consider if you are absolutely pleased we shall remove, whether it will not be better to march farther, and lodge wholly on the skirts of cos. Nottingham and Lincoln, and not in the Marshlands, except it be in Wakefield alone, where my troop and O'Neale's are. The officers of the troops persuade me the country had rather they stayed than otherwise, especially if money come to pay punctually. I have called for the names of all the Popish officers in the troops [of horse], those I have received I enclose, the rest shall follow as soon as possible if there are any more. I pray give me further order in what manner they shall be put off, they will expect at least an honest discharge, and say whether you intend the Quarter-masters and corporals to go with the rest. Mr. O'Neale's Quarter-master and all his corporals are Papists, and more than half his troop; please appoint officers, for in some troops but few will be left, so many being absent. I know but two Popish officers of horse at Berwick, Turberville, my lieutenant, and Simson, Sir William Brouncker's cornet, a kinsman of Sir John Fenwick's. I know no chief officers of foot that are Papists, but you will receive account of them from Sir Michael Ernle. Turberville married my niece, and his wife writes she finds him wholly inclined to our Church; but I leave it to you to judge him according to the information you receive from Sir Michael Ernle. If he be discharged let my cornet, Price, be my lieutenant there, and Parrott my cornet in the army, my cornet there, though I think the one will not far outlast the other. For our quarters again, a gentleman or two living about Wakefield have told me that towards Otley, Morley, and Barnsley my regiment may well be quartered without any prejudice to the country. [Copy. 3 pp.] Enclosed,
52. i. List of the Popish officers of horse in the army, they number 15. [1 p.]
[Dec. 12.] 53. List of Popish officers in the foot army of 16 regiments, about 60 in number. [2¾ pp.]
Dec. 12.
Guildhall.
54. Printed Acts of the Lord Mayor and Common Council of London, containing regulations concerning the inquest for the ward of Walbrook and other wards, the choosing Common Councilmen to represent the ward, the watch, lighting, constables, new comers to the ward, precautions against fire, hucksters of ale and beer, foreigners, cleansing the streets, &c., &c.; Acts for the reformation of divers abuses in conducting the inquest for the ward; with the articles of the charge of the wardmote inquest, being a detailed account of the matters to be inquired into. [London, printed in black letter by Robert Young, printer to the honourable city of London. 6 pp.]
Dec. 12. Warrant of the Commissioners for Gunpowder to Montjoy Earl of Newport. To issue 12 barrels of gunpowder to Everard Boulton, of Tower-street, London, ammunitioner for furnishing of ships and supply of his shop. [Minute. See vol. ccclv., No. 61, p. 14. 5 lines.]
Dec. 12.
Covent Garden.
55. Sir William Uvedale, Treasurer-at-Wars, to Matthew Brodley, his deputy. I have received direction from the Lord General that it is his pleasure, notwithstanding the particular instructions under his hand for the proportion of the regiments and troops of horse, that it should all pass by the warrants of Sir Jacob Ashley and Sir John Conyers. The best way to rectify this will be, when you come to perfect a full month's pay for horse and foot, to require particular warrants for every regiment and troop; and that takes away all the former warrants by lendings. We shall despatch more money to you next week, with which you must perfect a full month's pay to the whole army; and there will be some over for lendings towards the next month. I know you are now in a difficult business to settle those payments in another account upon the Parliament, but that once done the business will fall easy enough, and you and I shall meet again shortly. P.S.—Colonel Lunsford has been with me divers times about 200l. which he left with his sergeant-major there, Hugh Powell, to distribute among his soldiers; I pray if you can inform yourself how the case stands or else direct Henn how to do it, who I think now has the payment of that regiment; that I may give him some answer. [2 pp.]
Dec. 12.
Burdrop.
56. Sir William Calley to Richard Harvey. Do not pay Sir Edward Wardour the 208l. till you have Anne Bowdler's consent, and my bond up besides. For the 100l. which was payable by Mr. Lambert the 15th ult. and is now taken in, keep it by you with such interest of mine as you have remaining till you hear from me or my son; if I may have it by the end of Hilary term I think it will serve, and by that time I hope you will be able to change it into new gold to be sent me by Mr. Morse or Mr. Whippe. I am glad the Parliament goes on so hopefully and if the Bishop of Lincoln [Williams] should be backward in speaking to maintain anything that anciently belonged to the jurisdiction of bishops, he would be an enemy to himself, which no man willingly is. It seems somewhat strange Burton and Prynne should be ushered into London with so many horsemen and coaches, but it would seem more strange if after all this noise they should be served as Leighton was, their cases being not much unlike, and be sent back to the places whence they came. I have lately had a shrewd distemper as well as lameness. I like the napkins and tabling cloth, but the latter is 3 ells short of the 63 ells I wrote for. [Seal with arms. 12/3 p.]
Dec. 13.
Calais.
57. Sec. Windebank to his son, Thomas Windebank. I have stayed longer here than I expected, the Governor [M. le Conte de Charost] intimating to me with great civilty, the day after my arrival, that his instructions are not to suffer any stranger of quality to pass without giving notice to the State, and that he had accordingly sent an express to M. de Chavigny, and he desired me to have patience till his return. This morning the courier is returned with a letter from M. de Chavigny, not only commanding licence for my departure, but expressing great respect to my person, and giving order for my accommodation with anything this place can afford, so that tomorrow morning, God willing, I go hence by coach towards Paris. The civilities I have received from the Governor are very many and extraordinary, especially since the letter of M. de Chavigny, he having given me an entertainment to-day at dinner, and sent his coach to attend me wherever I would. I desire you to acquaint her Majesty [Queen Henrietta Maria] with it and to present her my most humble services and thanks, seeing it is merely in my relations to her I receive these honours; and withall to move her whether she will not make some demonstration of her gracious acceptance hereof to the Governor, in the way her princely wisdom thinks most fit. The only contentment I had of my stay here was the hope of receiving letters from you by the packet-boat this week, to which purpose I sent for the mail addressed to Paris and by the Governor's authority opened it but found nothing for me. Acquaint Mr. Burlamachi with it, and assure him I sealed up the mail again with my own seal in presence of the Governor and those that have charge of the letters, and they are all sent. For my own most unfortunate business in Parliament, I long to hear what effect my leaving England has produced, though I expect little good but to be kept from extremities. Concerning my domestic affairs, the chiefest I recommend to you is the care of your poor mother, on whose living and comfort depends mine. Next I must desire you to procure me a bill of credit, to which purpose Robin has written to Burlamachi, for I find my charge here will be high, and if his Majesty shall not relieve me I shall not be able by my own revenue to subsist. This I have represented to the Lord Treasurer [Juxon] and Lord Cottington, and desired them to order payment of the money due to me in the Exchequer which at Michaelmas last was 800l. You will do well too to solicit them for payment of the money for which I stand engaged to Mr. Ricaud for the King, and not to forget my board wages nor the money in the Earl of Newcastle's hands. The letters that go herewith you will deliver yourself with the remembrance of my humble services to those Lords to whom I have written to assist you as occasion presents. That to the Lord Chamberlain [Philip Earl of Pembroke] is more particular than the rest, and I have left it open that you may show it to his Majesty, and if he like it, deliver it, otherwise not. Asks for a trunk of linen and apparel to be sent by the packet-boat. The ship in which we should have passed was within 24 hours after we left it pillaged by the Dunkirkers, but rescued from them by the French and brought hither as lawful prize, so it was happy we forsook her and passed in a shallop; and though our passage were full of hazard yet we avoided a greater danger. [Endorsed: "My father, from Calais." 22/3 pp.]
Dec. 14. Certificate of the Commissioners for Gunpowder. That they accept the proportion of gunpowder delivered by Mr. Cordewell, his Majesty's gunpowder-maker, for the year November 1639 to November 1640, the fourth year of his contract, though under the proportion required by his contract: Mr. Poole having certified that the saltpetre delivered to Mr. Cordewell in the year was not sufficient to enable him to make the 240 lasts of gunpowder as required by hi contract. [Copy. 1 p. See vol. ccxcii., p. 123.]
Dec. 14.
Whitehall.
The same to the Officers of the Ordnance, ordering them to reckon the 20 lasts of gunpowder Mr. Cordewell will this month bring into his Majesty's store as the proportion he is to furnish for last month, the first month of the fifth year of his contract; he not having supplied the proper quantity of gunpowder in the fourth year of his contract, because an insufficient quantity of saltpetre was given him. [Copy. 1 p. See Ibid., p. 124.
Dec. 14.
Calais.
58. Robert Reade to his cousin, Thomas Windebank. Relates their stay at Calais. When the express will return the Governor, M. le Conte de Charost, knows not certainly, but expects him hourly. If he come not soon Mr. Sec. [Windebank] purposes to desire Mr. Aubert to go to Paris, and acquaint the Earl of Leicester with our stay here, and desire his interposition for removing any difficulty there may be there. My uncle is very much dejected, still making account that he and his family are utterly ruined; I pray God send us some comfort from your parts, or we shall have a miserable time in these. If you could get the King, or Queen, or both, to write to him it would be a huge consolation to him. He has been very averse to go to Paris, giving the same reason against it as I urged for it, that he shall be frequented with company; he fearing that may add to, and I hoping it may take off from, his trouble. Besides, he acquainted the Governor on his arrival with his purpose to go to Paris, and we have taken letters of exchange hence thither, and now to go to any other place would raise a jealousy of him in this people, and you well know how apt they are to take umbrage. Neither can we in any other place in France receive our letters so well out of England, or return answers. Since we stay here so long I wish with all my heart Pharamond had come this way for I presume he brings letters which if he go any other way we shall not receive till we come to Paris. If he should not have left London before this comes to you give him order to come hither. It may probably be Mr. Treasurer [Vane] may make a difficulty of giving him a pass; in such case cause Pharamond to make one, and get the King's hand to it, for my uncle would fain have him with us, and I have great use for him. If he have the King's pass, he may mention in it how much money he brings with him, which I would wish him to do if he bring any; but if he bring bills of exchange only that will not be needful. Methinks if the King would avow Mr. Secretary gallantly, as in honour and justice he is obliged, an end would easily be put to our troubles; but if he avow him only in part, and make difficulty of the rest, we are lost. It is the same thing to the King to avow all or part, but to Mr. Secretary it is not, for if any one act of his in favour of the Roman [Catholic] party be disavowed he must suffer as much as if none were avowed. And it were good this were enforced on the King and Queen, and to such as you make use of in our business. Discusses fully their money matters. It is time to think of speaking to Mr. Warwick, for order to Mr. Willmer to pay the interest due for the money lent the King; but whether we are now to receive the interest due for the whole 3,000l., or only for the 1,500l. I cannot tell, and therefore I have written a letter apart to you concerning this business, which you may show Mr. Warwick. My uncle has written to Lord Treasurer [Juxon] and Lord Cottington about the money due to him out of the Exchequer, 800l. for a whole year last Michaelmas. But, to tell the truth, no money can be demanded out of the Exchequer for intelligence since Aug. 4th last, at which time by contract between the King and the Lords concerning the post place the intelligence money was to cease; so there will be two months abated out of a year for the intelligence money, but the fee of 40l. per annum due on the patent goes on still, and must be paid out of the Exchequer. If you speak with Mr. Falconberg he will be very useful to you. But for these moneys the Lord Treasurer and Lord Cottington must be solicited by yourself, and Mr. Warwick's assistance must be desired. If the post business should run any hazard care must be taken that our money be returned us; about this it will be fit to advise with Mr. Treasurer [Vane], who is equally interested with Mr. Secretary [Windebank] in that business. If my uncle's place of secretary be not disposed of before Christmas, as I hope it will not, it is to be considered whether the New Year gifts to the King, and those to the Household, should not be paid. And in this my uncle desires you to advise with Mr. Treasurer [Vane], whether he thinks they should be paid, 10l. must be delivered to the Master of the Jewel-house on New-Year's morning in a little purse for the King; and for the rest to the Household, you will find an old note of them amongst the papers I took out of my pockets at my coming away, which note I received awhile since from one of Sir John Coke's servants. I have now written to Mr. Burlamachi for letters of credit for 1,000l. which must be paid by him out of the moneys due to us in the Post Office, as we shall receive them at Paris. Asks that clothes and linen may be sent to Paris for his uncle and himself, if Mr. Burlamachi will undertake to send a trunk. I have written to Mr. Porter to desire his good offices in my absence, for I know, inconsiderable as I am, I cannot escape the malice of the times; therefore cause it to be delivered him. We opened the bag of letters by the ordinary from England yesterday but found none for us, which makes me believe Pharamond is by this time come from London, and that we shall find him at Paris with letters. The letters that go herewith to the Queen and the Lords Mr. Secretary desires you to deliver all with your own hand, and to address yourself to them as they shall give you encouragement. [Endorsed: "My Cousin Reade from Calais." 6 pp.]
Dec. 14.
Calais.
59. The same to the same. The letter mentioned above, containing instructions about the 3,000l. lent by Sec. Windebank to the King; and the money due to Sec. Windebank out of the Exchequer. [2 pp.]
Dec. 15. 60. Petition of Daniel Farvack and Isaac le Gay, merchants, of London, to the Council. According to your directions on the petition annexed Mr. Attorney General has considered the matter and certified his opinion on the back of the same petition. Petitioners therefore beseech you, as the Earl of Danby, Governor of Guernsey, is now in Oxfordshire, to appoint the Clerk of the Council, or some other now in town, to take such security as in the certificate is mentioned; and that that being entered petitioners may have your letters to the Bailiff and Jurats of Guernsey, and others whom it may concern, commanding them forthwith to deliver the goods in the annexed petition mentioned to such as petitioners shall appoint. Underwritten,
60. i. Petitioners are to attend Sir Peter Osborne, Deputy Governor of Guernsey, who is prayed to take bond of them according to Mr. Attorney's certificate, and thereupon the Lords will write their letters as is desired. Edward Nicholas, Whitehall, 25 September 1640. [1 p.] Dorso,
60. ii. Sir Peter Osborne to the Council. According to your order I have many days attended and done my best in this business, it being but very lately that any of the creditors appearing before me would agree to receive the security offered by petitioners; but Mr. Knolles still persisting in his exceptions, alleging the parties to be all associated in one course of trade, and pretending besides a greater debt than these goods can satisfy, I have not thought meet to take the security without your further directions; which being required to certify I leave to your consideration. December 15, 1640. [½ p.]
Dec. 15. 61. Resolutions of the House of Commons, passed December 15 and 16, annuling the Canons and Benevolence passed by the late Synod, and denying the power of Convocation to make any Acts or Canons without consent of Parliament. [Printed in the Commons' Journal II., pp. 51, 52; Lords' Journal iv., p. 273; and Bushworth iii., 1365. 1 p.]
Dec. 15. 62. Another copy of the same. [1 p.]
Dec. 15. 63. Order of the Lords Committees for Petitions. Whereas it was by this Committee ordered on December 8th that the Earl of Lincoln should have delivered to him the indenture of articles between the Earl of Lindsey and Sir William Killigrew and Mr. Long, and between him, the said Earl of Lindsey, and his participants, that copies might be taken on which the state of the cause for matters of law, as was alleged, would in some points rest: upon reading the petition of the said Earl [of Lincoln] it is this day ordered by the Lords Committees that if, on the exceptions to decrees of [the Commissioners of] Sewers in the points of law which are to be set down on the Earl of Lincoln's part by Tuesday night next, it shall appear to the judges that these matters in law cannot be fully cleared without view of any writings which the Earl of Lindsey or his participants have, but that part of the cause will depend on the same, then the counsel of the Earl of Lincoln shall have a view of the same. [1 p.]
Dec. 15.
Gate-house in Westminster.
64. Certificate of John Brokcaes in the absence of [Aquila] Wykes, keeper of the Gate-house, that Cap. Brinckmere [Levine Brinckmary] stands committed by Mr. Secretary Windebank's warrant, and no other; neither is there any further charge against him. [⅓ p.]
Dec. 15.
Covent Garden.
65. Sir William Uvedale, Treasurer-at-Wars, to Matthew Brodley. By a fit of the gout the use of my right hand is taken from me, so I must use the help of another. I approve well of the course you have taken with the reformadoes, for you have saved much money by it. I shall despatch the bills of exchange which have enabled you to do this as fast as I can, I hope next week, and if hereafter you have occasion to use credit in this kind, I shall make it good here till I send you word to the contrary; and if you will draw a letter of credit to that purpose and send it me I will sign it and return it you. The Scotch reformadoes I believe are with you ere this, for they went from me with a list from the Earl of Northumberland last Thursday. I confess I am of your opinion that the best way to pay the army would have been to have paid it out till December 8 with the money now with you; but my letters sent by your brother will, I think, satisfy you; for the Parliament undertaking the payment from November 10, not knowing any lending that was disposed in the army, if we had proceeded by way of payment, I must have discovered it. The case is plainly thus: that from November 10 the Parliament must pay all, and if there be any of the King's money employed on the army since then you must gather it back out of such money as from time to time comes to you from the Parliament, and it must serve to pay certain arrears of the army before November 10th; and when I understand from you what proportion of money it is, I shall then give you order to dispose of it. If you can handsomely provide for this take what course you please in payment of the army and the train of artillery. As for the field officers and the Lord General's train, they were admitted [omitted ?] on purpose, because when the next money comes down, which I hope will be on the way this week, or the beginning of next at the farthest, there was an intention to pay them out with the rest of the army. P.S.—Since the writing this Sir John Hotham has been with me; he desires to pay in 1,300l. at York, which I have consented to, so if he deliver it in to you on your bill of exchange I will pay it him and will stay so much here out of the next money that is to come to you on purpose to satisfy it. [Seal with crest. 1½ p.]
Dec. 15.
Brussels.
66. George Shaw to Richard Harvey. Has just received his letter of November 2, saying Mr. Lanyon has paid the 50l., and deferred paying the share of the profits till he receives his pay. Requests Harvey, if his occasions call him into the country, to ask Lanyon for the profits, which, for the reasons he states, he is sure will amount to another 50l. [1 p.]
Dec. 16. 67. Resolutions of the House of Commons passed December 16, condemning the late Canons as containing money matters contrary to the King's prerogative, to the fundamental laws and statutes of the realm, to the right of Parliaments, to the property and liberty of the subjects, and matters tending to sedition, and of dangerous consequence. [See above, No. 61. Printed in Commons' Journals, ii., 51. ¾ p.]
Dec. 16. 68. Names of the members of the House of Commons forming the Committee to prepare the several votes concerning the new Canons for presentation to the Lords; to consider who were the principal promoters and actors in them, and especially how far the Archbishop of Canterbury was an actor in them, and in the great design to subvert the laws and religion of the realm; and to prepare a charge against him and others. [Printed in the Commons' Journals ii., p. 52. 1 p.] Underwritten,
68. i. Ordered that the Committee for the [Arch]bishop of Canterbury do meet on Monday next in the Treasury Chamber. Saturday, 15 May, 1641. [4 lines.]
68. ii. This Committee adjourned to Thursday, May 20. 17 May 1641. Dorso,
68. iii. This [Committee] is adjourned till Monday next in the Treasury Chamber. 10 June 1641. [2 lines.]
Dec. 16.
York.
69. Sir John Conyers to [Captain John Mennes]. I told you of 20,000l. that was to come down for relief of the northern counties, and payment of the Scotch army, it has now come to Ripon, but it will be Saturday before our money comes thither. You are with all convenient speed to command two troops of the Commissary's regiment to march with you to Ripon, there to receive the money, and bring it safe to Croft Bridge, where you shall deliver it to the Commissioners appointed by the Lords to receive it, or to the Scottish officers, according to their order; and that there may be no mistake I send you the copy of the clause in the Earl of Northumberland's letter which concerns the convoy of that money; as also a copy of the Lords Commissioners' letter to certain gentlemen in the north whom I believe you will either find at Ripon or meet on the way to Croft Bridge. I send you also an order to the officers of Sir Thomas and Sir Charles Lucas' troops to meet you, and attend you to Croft Bridge. When you have no more use for them return them to their quarters; meantime send a trumpeter or two to carry this order to them, and appoint them where to meet you. I do not appoint what two companies of your regiment shall march with you because you know best how they lodge, and those that lie nearest the way and Ripon are in my opinion fittest for this service, but I leave it to your discretion. P.S.—I think you will do well to order the troops of Richmond to meet you at Catterick Bridge. [12/3 p.] Subjoined,
69. i. Copy of the above-mentioned clause of the Earl of Northumberland's letter ordering the safe convoy of the 20,000l. for the Scots. [½ p.] Enclosed,
69. ii. The above-mentioned order to the officers of Sir Thomas and Sir Charles Lucas' troops to meet Captain John Mennes, and attend his commands in his Majesty's service. [Copy. ½ p.]
Dec. 16. 70. Certificate of Christian van Vianen, his Majesty's servant, undertaking that Levine Brinckmary, a high German, prisoner in the Gate-house, shall leave this kingdom within 14 days after the date hereof; that being the condition on which the Council set him at liberty. [½ p.]
Dec. 17. 71. Petition of John Bastwick, doctor of physic, late close prisoner in Scilly, to the Commons. Petitioner about six years since set out a book in Latin called "Elenchus Religionis Papisticæ," with an addition called "Flagellum Pontificis et Episcoporum Latialium," being provoked to it by Richard Short, a Papist, who maintained the Pope's supremacy, the mass, and Papal religion; in which book petitioner, to prevent all misinterpretation of his pious intentions, in his epistle to the reader fully declared that he meant nothing against such bishops as acknowledged their authority from kings; yet, because the better to overthrow the Papal usurpation over Christian princes he maintained, by way of argument, as other orthodox writers on the subject have usually done, a parity of the Bishop of Rome with other bishops and Presbyters by the Word of God, denying his or their supremacy over other ministers to be by Divine institution; thereupon a pursuivant from the High Commission Court came into his house at Colchester in his absence, and, assisted by the bailiffs and constables of Colchester, ransacked his house and trunks, with great violence broke open his study, and carried away some of his books and writings without restoring them; petitioner was then prosecuted in the High Commission principally for his said book, and after a long and expensive prosecution, on the 12 Feb. 1634, he was fined 1,000l., excommunicated, debarred the practice of physic, his chief livelihood, his book ordered to be burnt, and he to pay costs of suit, and be imprisoned until he should recant, all which was only for the said book, in which he maintained the prerogative of kings against the Papacy. Lately Thomas Chouney, of Sussex, wrote a book maintaining the papal religion, and the Church of Rome, and averring it to be a true church, which book is dedicated to the Archbishop of Canterbury, and patronised and defended by him, and Chouney not troubled for it; and after the above censure all the bishops then present denied openly that they held their jurisdiction from his Majesty, and affirmed that they had it from God only, and the Archbishop of Canterbury, amongst other erroneous sayings, maintained Chouney's book, and that the Church of Rome was a true church, and erred not in fundamentals, and he and other bishops defamed Scripture and abused Calvin. Wherefore, and to vindicate his innocency in the matters for which he had been most unjustly censured, petitioner published another book in Latin, "Apologeticus ad presules Anglicanos," expressing the true proceedings and speeches at his censure; for which book, and his book "The Litany," not then in print, an information was exhibited against him and others in the Star Chamber, petitioner's answer to which being only subscribed by himself, because he could get no counsel to sign it, he tendered first at the Star Chamber Office, then in open court at the Star Chamber bar, but the Court of Star Chamber would not accept it for want of counsel's hand to it, contrary to precedents, but took the information pro confesso, censured petitioner in 5,000l. fine, to stand in the pillory, lose both his ears, and be close prisoner in Launceston Castle, Cornwall; all which has been executed on him to the peril of his life. After all which, petitioner, by what order he knows not, it being no part of his censure, was transported from the said Castle to Scilly Island, where he has been in close durance above three years, and none of his friends suffered to come to him, his very wife being prohibited by the Council's order under pain of imprisonment from setting foot on that island; so petitioner has been exiled from his wife and children besides the great misery he endured, all which is contrary to the law of God and man, and the liberty of a free subject, and to the utter undoing of petitioner and his family. He prays you to take into your consideration these pressing grievances, to afford him relief consonant to justice and equity, and to assign him for counsel Mr. Sergeant Atkins, Mr. Ludlow, Mr. Tomlins, Mr. Gurdon, and Mr. Randol, to assist him in this his complaint; and to order that he may take out gratis such copies of the censures, orders, &c. in the several courts as shall anyways concern this his sad, yet most just complaint, with warrant to bring in his witnesses. [Endorsed: "Received and referred to a Select Committee Dec. 17, 1640." Printed in Rushworth iv., pp. 7981. 1 sheet.]
Dec. 18. 72. Balance of his Majesty's ordinary receipts and expenditure made by a medium of five years, viz., 1635, to 1640; total receipts, 618,379l.; payments, 636,536l.; excess of expenditure over revenue, 18,157l. [1 sheet.]
Dec. 18.
Stockholm.
73. Lieutenant-General James King to Sec. Vane. Protests his joy in having so gracious a King and master, and so faithful a patron [as Sec. Vane]. I wish I had received his Majesty's command by your letter before I left Hamburrie [Hamburg], as I could then have given speedier obedience to his command than I can here, where I arrived yesterday. Nevertheless, I will use all possible diligence to obey his Majesty's commands; meanwhile excuse my absence to his Majesty and show him he is partly the cause thereof, for on his gracious licence I intended this journey as I wrote to you before departing from Hamburg. In particular I wrote to you on Oct. 24 enclosing one for his Majesty giving him humble notice of my journey to Sweden; I hope they have come safe to your hands. Asks to be informed on his return to Hamburg what the King designs him to do. [Seal with arms and crest. 2½ pp.]
Dec. 18.
York.
74. Sir John Conyers to [Edward Viscount Conway]. This other part [see the subjoined] is my letter now sent to his Excellency [the Lord General], so that you having seen that you know all I am able to inform you from hence. I send you also a copy of the defects of arms. I can think of no way to mount, arm, and complete the troops except for the King to disburse the money at first and defalk it from the captains as before or in some greater quantity; and they again from their troops. I can think of no way to defend the Tees but to fortify upon it, especially where it is fordable; and if it be so all through a good line must be run with redoubts on it to flank one another. The war must be made with one army here and another to enter Scotland at Leith; if not there, about Holy Island and Berwick, and Heymouth, a little place not far beyond Berwick, if the [Scots] possess it not themselves as spoken of; and awhile since it was said they had brought cannon thither. I saw a day or two since a letter from—[the name is in cipher]; he writes that three troops of a regiment shall be cashiered, and it shall go hard but he will have the naming of those that shall stand of my regiment. I beseech you take notice of it; he is no fool, and therefore must needs be a knave. I received yours of the 15th inst. with the enclosed which I do not well understand. [1 p.] Subjoined,
74. i. The same to Algernon Earl of Northumberland. I have received yours of the 15th inst. Captain Mynce [Mennes] has marched to-day towards Ripon to convoy the money to Croft-bridge according to your order; he has with him near 140 horse of that regiment and I have given order to Sir Thomas and Sir Charles Lucas' troops to meet him, march with him to the bridge, and then return to their quarters. Next Monday my regiment is to muster, and on Wednesday the Guards and Mr. Wilmott's, and on Thursday they shall remove their quarters. Describes the new quarters they are to take up. This shall all be done as well as may be, but money is so scarce I fear we shall not leave those quarters without disorders. When Capt. Mennes received my order to march with two troops to convoy the money he came to me to tell me it could not be done without money to discharge the quarters; for a whole troop leaving their lodging without payment they would think all was lost and without doubt some mischance would fall out. So I caused him to command 25 men out of each troop, and we had a day's work here to borrow 100l. to feed those men on the way; for all the paymasters had not a groat in the world. Now Mr. Brodley writes that 'tis impossible for him to furnish money according to the orders you signed and sent down. I have replied that those that remove must have a month's pay whatever becomes of the rest. What he will do I know not, but I am sure without it you will hear of it, for the troopers and the country are impatient for want of money; and on Tuesday next there is six weeks due to the army. I beseech you take order that a supply may be sent, for without it here is no living. The army is insolent enough and so is the country far more than ever they have been, and they have reasons. We shall be glad to give way to them because no complaints shall come up, and I desire nothing more than to keep order and do right to all men, but without payment no justice can be done. I beseech your order what is to be done in matter of life and death, for I should be loath to be hung for hanging a villain. If we pursue malefactors, commit them and do not punish them, it is better for example's sake not to meddle with them. Mr. Percy's cornet informed me since my last to you that his Captain Triest is a Protestant, and he has since professed the same to me, but says he has not made show of it by reason of his uncle, the Bishop of Ghent, from whom he expects a good fortune. I shall attend your order about him. It were good Major Trafford's troop were disposed of with the first if you mean it not to him, for he says if he leave it it will undoubtedly disband; and in regard of the garrison it were good there were a captain. Captain Armstrong will be with you before this comes to you. [1¾ p.]
Dec. 18. 75. Note of the charge of extraordinary works done at the Tower of London according to several estimates and special warrants in the months of September, October, November, and December, 1640. Total, 1,405l., whereof is paid 656l.; left unpaid 749l. [½ p.]
Dec. [19.] 76. The opening paragraph of Harbottle Grimston's speech in Parliament on a further debate touching the Archbishop of Canterbury. There has been presented to the House a most faithful report of the conference we had with the Lords yesterday [Dec. 18], with the opinion of the Committees that they conceived it fit that the Archbishop of Canterbury should be sequestered. I must second the motion and shall be bold to offer my reasons for conceiving it necessary we should proceed a little further than the desire of bare sequestration only. Mr. Speaker, long introductions are not suitable to weighty businesses. We are now fallen upon the great man the Archbishop of Canterbury. [This extract is dated Dec. 10, 1640, but the speech was not delivered till the 19th. See Commons' Journals. Printed in full in Rushworth iv., p. 122; and in Cooke's "Speeches in Parliament," pp. 179-181. 1¼ p.]
Dec. 19. 77. Certificate by Edward Fenn that 317l. 2s. 6d. ship-money has been received since the last certificate of November 27. [¼ p.]
Dec. 19. 78. Certificate by Thomas White, Edward Hasell, and James Harbin, that on 19th of December 1640, Thomas Lynn, cardmaker, affirmed the proceedings in the contract with Mr. Squibb were with consent of the Cardmakers' Company, and the offer of 3d. on a pair to the King and ½d. to the sealer was made by them and consented to on all hands; and the contractors were to have 28s. a gross from the King; at several meetings of the Company at the Temple, Broadstreet, and elsewhere, it was always agreed the King should have 3d. a pair, and they [should be] sold for 6d.; that the Company always insisted much on an allowance for their poor out of the King's profit yearly; and that Edward Fryer petitioned for 300l. he had disbursed about the charter to be paid out of the King's profit. The contractors consented to a less number than they usually made before, having a better price for them, they conceiving that fewer cards would be used than formerly because the price was to be raised to 6d. a pair, and that Mr. Lynn and others were all together at Broad-street and heard Mr. Squibb's contract read to them before it was engrossed at Mr. Attorney's. [1 p.] Underwritten,
78. i. Thomas Ghostley, cardmaker, affirms that what Mr. Lynn has here alleged is all very true, of which he is ready to make oath. [3 lines.]
Dec. 19. 79. Certificate by William Ryley, Bluemantle, of the death of William Lord Maynard, Baron Maynard of Estaines [ad Turrim] under date. He died in Finsbury-fields, London, and is buried in the parish church of Estaines, Essex. Deceased married: 1st, Frances, daughter of [William] Cavendish Earl of Devon, by whom he had one daughter, who died young; 2nd, Anne, daughter and heir of Sir Anthony Everard, by whom he had one son, William, now Lord Maynard, and five daughters, all still young. The certificate is attested by Charles Maynard, brother of the deceased. [1 p.]
Dec. 19.
Norfolk.
80. Note of petition of Mary Osborn, widow, for respite to return the office after the death of Nicholas Osborn, her late husband, and to compound for the wardship of her son till next term; alleging she wants evidence to prove the tenure, &c. Underwritten,
80. i. Let petitioner return the office and attend with a schedule, &c. the sixth sitting in Hilary term next. Francis Cottington. 21 December 1640. [½ p.]
Dec. 19.
Burdrop.
81. Sir William Calley to Richard Harvey. Has received the household stores. Sir Edward Wardour is more ready to receive the 208l. than I am to pay it without Anne Bowdler's consent in writing; and I desire you to hold constant your former resolution touching that matter. I am glad to hear the Parliament goes on; I hope it will produce general good to this kingdom every way. It seems Bastwick is as much in the eye of a great many as ever Burton and Prynne were or he would not have been ushered into London so. Go to my cousin Parry's, a gent. in London, or some one else, and get me a writ of "Latitat" out of King's Bench against Thomas and John Goffe, of Catcombe, in the parish of Hilmerton; the "Justicies" was for 200l. which yet I have not executed. Wishes to appoint his own bailiffs. [Seal with arms. 1 p.]
Dec. 20.
Locking.
82. Humphry Hawkins to the same. Prays him to give this [brawn] to Mr. Porter with his humble service. Is now so ill he knows not whether he shall be able ever to see brawn more. [Seal with device. 1 p.]
Dec. 21.
Whitehall.
Warrant of Henry Earl of Holland to [Sir Robert Bennett], surveyor and comptroller of the works at Windsor. I am informed that the pale and rails betwixt the course and open walk in Sir Matthew Lyster's charge in the Great Park at Windsor is in great decay, so as neither the course can be kept several for the male deer which is their only relief, nor can the deer be brought to their standings. You are to view the defects and to certify me the charge of reparation, the quantity of timber, and in what part of the woods the timber may be best spared. [Copy = 1 p. See vol. ccclxxxiv., p. 106.]
Dec. 21. 83. Account of 2,310 bags of pepper bought by Francis Lord Cottington for the King, from the East India Company, and sold again by the King at a loss of 6,581l. 0s. 10d. Underwritten,
83. i. Order by Lord Treasurer Juxon for Mr. Auditor Bingley to cast this up and certify if it be "rightly cast or how he finds it. 21 Dec. 1640."
83. ii. Certificate by George B[ingley] that he finds the same rightly cast up in each particular. 26 December 1640. [1 p.]
Dec. 22.
Covent Garden.
84. Sir William Uvedale, Treasurer-at-wars, to Matthew Brodley, his deputy. Has received his letters of the 14th, 16th, and 18th inst. For altering the course the Earl of Northumberland has set down by an order and paying the army full three weeks, to the 1st of this month, both officer and soldier, I think you have done very well, for I suppose by this time the officer is in as great want as the soldier. The surplus money advanced to the soldier by way of lendings over and above the bills of exchange which I paid out of the last 30,000l., and which by your paper is a considerable sum, and only known to you and me, must be taken off again by degrees when we receive more plenty of money; which we shall not do till we can get in some subsidies; and then it must be applied to pay some arrears of the army before November 10. The King has already asked me twice for his 5,000l. lent out of his privy purse, but I have given him no hope of it, for out of the Parliament money it cannot come. You have done very well to give seven weeks' pay to the English reformadoes; three weeks of it must come out of those moneys, for the Parliament will allow of it no further than from November 10; and yet I would not but that you had done it for now we are rid of them. You must expect the money you have drawn upon me by bills of exchange, since the last I sent, must be paid out of the money now to be sent for the army, for I am not able otherwise to do it, and in good faith I am not confident whether I should persuade you to continue that course of taking up by bills of exchange or no, for though the Parliament be sure yet it is slow, and those bills may be here upon my hands. I have been too ill to leave my room for more than a fortnight, but hope to be abroad in a few days. The latter part of your letter troubles me wherein you not only persuade me to quit this employment but resolve if I should continue it to desert me in it. Truly, Brodley, I have not deserved to be so left for I have rather used you as my friend than as my deputy; and by some letters of mine since we parted you may find it was my desire we might ever live together as friends whensoever this business is at an end, which cannot now be long. Whatsoever hazard I run in it you shall receive no blame, I know you to be so perfectly honest. Do but your best endeavour, it is all that shall be required of you. We are both now engaged and how I should come off, though I study it, I know not well, nor do I know how you can, for the officers of the army have written to the Lord General in commendation of your care and sufficiency. Therefore, if your respect to me would not carry you on in this business even that would importune it. [4 pp.]
Dec. 23. 85. Order of the Grand Committee for Grievances, requiring Edward Nicholas, Clerk of the Council, to bring before them this day fortnight all orders and petitions remaining in his custody concerning the Vintners and Alderman Abel, and the Medium Merchants; for the Vintners are then to make good their petition. [Endorsed by Nicholas: "Received 4th Jany. 1640[-41], at 2 o'clock in the afternoon." ½ p.]
Dec. 23. 86. Information given by Mr. Edward Corbett to the Committee for the Universities, concerning recent innovations in government and religion in Merton College, Oxford. The innovations, which are all attributed to Archbishop Laud, are contained in five articles, and the proofs of the articles are given. The articles are: 1. In Easter week 1638 the Archbishop of Canterbury took on him the title of visitor of Merton Coll., Oxford, and began a visitation, without any right or authority. 2. He continued the visitation of Merton College almost three years, and prorogued it unto the fourth without any just cause, and to the great dishonour, and disprofit of that ancient foundation. 3. In the time of his visitation of Merton College he has oppressed many of the House. 4. In the time of his visitation he has broken many of the statutes of the House. 5. Sir John Lambe, the Archbishop's visitor, in 1638, gave the oath exofficio to the warden, fellows, and scholars of Merton, and afterwards from his Grace, proposed 30 articles to be answered in writing by virtue of the oath, one of which inquired after those who did not bow towards the altar. 6. Sir John Lambe pressed the article of bowing on Mr. Corbett and Mr. Cheynell with threats, foul language, and suspension of Mr. Cheynell. [21 pp.]
Dec. 23.
Ripon.
87. Sir Jacob Asteley to [Edward Viscount Conway]. Upon receipt of your letter I went to the paymaster, and he declares that Lieutenant-Colonel Howard is completely paid to such as have at times fetched money for the regiment. Hereupon I sent your letter to Sir Charles Vavasour by his own brother, the Colonel, and I doubt not Lieutenant-Colonel Howard is satisfied. If I may know otherwise in time I will stop as much money as is due to him from the regiment in the paymaster's hands. My lord I hope you in Parliament intend absolutely to make peace; yet from all parts it is said the Scots rather strengthen themselves, and 600 of their foot lately came to Darlington. For this army, God help us; the soldiers and officers are 23 days unpaid, and no news as yet of the coming of money. The country is weary of trusting our soldiers, and in some towns [the people] have been troublesome. I have so much to do to make things go right, and seek by all means to pacify the country and animate the people to trust, although the officers lend the men all they have. I will only end with this, which is strange to me, that being in a treaty our adversaries are vigilent and we careless, the best part I can act is to appease the discontents of the country that lies open to an enemy if they will be so to their spoil and ruin. If any will say that the train bands shall be able with our army to defend the country here is neither deputy-lieutenant, justice of peace, nor a wise constable to help us. [Seal with arms broken. 1 p.]
Dec. 23. 88. Note of the leases and rents of the houses in Bell-yard, London, viz., the Bell, the Mermaid, Golden Key, and Three Goats' Heads, demised by John Harborne to Abraham Musgrave by indenture dated 21 Dec. 1632, and subsequently conveyed to Mr. Poulson by leases herein specified. The annual income Poulson derives from them is 84l. [1 p.]
Dec. 24. Warrant of the Council of War to Thos. Falconberg. To issue to Capt. Henry Yonger, comptroller, and to Henry Bludder and Edward Dankeert, gents. of the Ordnance for the train of artillery for the south parts, one month's pay to be accompted from the 9th instant inclusive. [Minute. ⅓ p. See vol. cccxcvi., p. 351.]
Dec. 24. 89. Order of the House of Commons. That the English Lords Commissioners appointed to treat with the Scots shall receive 25,000l. from the city of London, and 5,000l. from Sir William Uvedale, for relief of the northern counties. [Printed in Commons' Journal ii., p. 58. ½ p.]
Dec. 24.
Audleby.
90. Sir Foulk Hounckes to Edward Viscount Conway. This is humbly to entreat you to assist us with arms, and also for the money for recruiting our troops; they are in good order, except Captain Barry's troop, which lies near your regiment, and they are day and night upon the ways robbing. I know nothing the country can complain of us for; for my own particular, I will endeavour to deserve your good opinion and favour, desiring to serve you with all true faithfulness. [Seal with arms and crest. 1 p.]
[Dec. 25.] Note of venison brought to Whitehall for Christmas 1640, for the consumption of his Majesty's household, and issued by [the Earl of Holland's] warrant out of the several forests, chases, and parks as here specified, total 104 does and five hinds. [Copy. 1¼ p. See vol. ccclxxxix., p. 105.]
Dec. 26.
Burdrop.
91. Sir William Calley to Richard Harvey. Finds the linen cloth is only half an ell short of the quantity he wrote for. Though my money be changed into new gold, I do not expect it to be sent sooner than after Hilary term next by Mr. Morse or Mr. Whippe; and could I find as safe a messenger as one of them, to have it here by the end of March would serve well enough. Present our service to your master and mistress [Mr. and Mrs. Endymion Porter]. I am not out of hope that I may live to look out of doors again, though peradventure not on a sudden. [Seal with arms. 1 p.]
Dec. 28. 92. Bill of Oliver Wolfe for medicine supplied to Endymion Porter, amounting to 2l. 17s. 2d. Receipted July 17. [1 p.]
Dec. 29. 93. Petition of William Jones, the oppressed printer, to the House of Commons. Petitioner has been a printer 54 years, nine years whereof he served his apprenticeship, and a master printer's place falling vacant he was chosen to fill it by a decree in the Court of Star Chamber in the 28th year of Queen Elizabeth; in all which time he has refused to print all heretical or schismatical books, scandalous pamphlets, Popish books, or ballads, or anything tending to poison youth, or otherwise to the dishonour of God. By the means of the Archbishop of Canterbury he has been deprived of his calling these three years and four months, whereby himself, his aged wife and six small grand children, who were maintained by him, are in a miserable condition and had perished before this had not God moved the hearts of charitable people to commiserate his condition. Petitioner beseeches you to restore him to his trade. [½ p.] Subjoined,
93. i. William Jones' petition to the Committee of Trade. Read December 29, 1640.
93. ii. This petition is referred to the Committee appointed to consider the charge against Archbishop Laud. Feb. 23, 1640[-41].
Dec. 29. 94. Sir William Uvedale, Treasurer-at-Wars, to Matthew Brodley. I have received yours of December 25, by which I find how you have distributed the last money sent you, and that you have completed three weeks pay to the army except the field officers, which I approve of very well. Now 16,000l. more is sent down, these bills of exchange and other payments here and that 1,300l. of Sir John Hotham's excepted. This money will not be with you till Saturday week, and I will leave to you, who are upon the place, whether you will dispose of it by way of lendings from December 1, or will pay out the month till December 8, which I fear much it will hardly do. The army being thus far behind I know you have a very troublesome part of it; I can only give you this comfort, that the Parliament has given four subsidies for relief of the northern counties and payment of the army, which must be paid in with all speed possible; meantime it will give us credit here to borrow more money, and so I hope I shall be able to despatch more money to you very shortly. This payment will be sure, but the army must have patience for some time. Last week I forbad all the under-paymasters to meddle any more with bills of exchange. To you I have sent a commission, such a one as I could frame of myself, if it be not sufficient send me a draft next week and I will return it signed; and will make good anything you shall do in that kind. I know the place you now perform under me is very troublesome, but be not discouraged, and use that word "si pereo pereo" no more, for if I have honesty or honour in me you shall not suffer blame or the loss of one hair in this business; and at the end of the work you shall not think your pains ill bestowed. I sent yours to Captain Conningesby by Sanckford, who has brought me back answer from him that at this time he has no money and that the King owes him much, he hopes to get in some of it shortly and then he will come and speak with me about it. P.S.—I am much troubled here sometimes whether to direct my letters to York or Ripon; when you write if you can tell me how to direct them, it will ease me much. [4 pp.] Enclosed,
94. i. Note of money paid here by bills of exchange and otherwise out of the 16,000l. now sent down to Ripon, also of other like sums remaining to be paid. I lent Capt. Porter 10l. and sent you his bill for it; pray do not forget to take it up for me. [4 pp.]
Dec. 30. 95. His Majesty's final answer concerning incendiaries accepted by the Scottish Commissioners, 30 December 1640. Besides his Majesty's former answers he has commanded us to declare in his name that he will not employ any person or persons in office or place that shall be judged incapable by sentence of Parliament, nor will make use of their service without consent of Parliament, nor grant them access to his person that they may interrupt or disturb that firm peace which he now so much desires, being confident that they will proceed in a fair and just way, according to their several professions, with that respect to his Majesty's honour which in reason he may expect from good and dutiful subjects. [Damaged by damp. ½ p.]
Dec. 30. 96. Certificate by Sir John Strangwaies that Sir Christopher Yelverton, burgess for Bossiney, Cornwall, was to-day sworn before him. [¼ p.]
Dec. 30.
"In haste, late at night."
97. Sir Henry Vane to Edward Nicholas. I shall be in town about a week [hence], in the meantime, if you will take my poor advice, reject not your first way but keep it on lest it cross that which I should like better, engage not yourself that way but take heed you turn them not against you, for I find such as go that way will not stand with the greater number, yet is their help good in the dark. When I see you I believe I shall be able to say more, which shall be ever like a true friend and with my best judgment. [Seal with arms. 1 p.]
Dec. 30.
Covent Garden.
98. Sir William Uvedale to Matthew Brodley. Till one week more be past forbear returning much money on me by bills of exchange, for by that time I shall be able to send you word when we shall receive more money and then I shall be ready for it. I would gladly keep your word and mine with all men, and that only makes me give you notice of this. [Seal with crest broken. 1 p.]
Dec. 30.
Lincoln's Inn Fields.
99. Felix Longe to Richard Harvey. Mr. Guydott is very willing to pay in the 100l. to Sir William Cawley and Sir John Evelyn, of Everley, Wilts., and Tanfield Vachell, of Reading, Berks., will be bound for it. If you like this send me Guydott's bond by the bearer, and word when I may come to see you there, or rather when we shall see you here. [1 p.]
Dec. 31.
Whitehall.
100. The Council to all Mayors, Sheriffs, Justices of Peace, &c. Whereas Captain Thomas Rudd, principal engineer for his Majesty's fortifications, is by special command to take present order for the repair of his Majesty's fort called Archcliff Bulwark, near Dover. These shall be to require you to aid and assist him in causing to be imprested in and about London and elsewhere such masons and other workmen as he shall think needful for repair of the said fort: taking care that such wages be paid them as is usual in like cases. And in all things tending to advance this service you are to assist Captain Rudd and his deputy as need shall require. [Draft. 1 p.]
Dec. 31. 101. Report of the Committee of Privileges, concerning the right of Peers of this realm to answer upon honour only; with the amendments to be entered as an order of this House. [Printed in the Lords' Journal iv., p. 120. 12/3 p.]
Dec. 31. 102. Miles Corbett to Sir John Lambe. Communicates an order of the Committee of the House of Commons for considering the true causes of the great scarcity of preaching ministers throughout the whole kingdom, requiring Sir John Lambe to appear before them in the Court of Wards at Westminster on January 12 next by 2 o'clock in the afternoon, to answer such matters as are and shall be objected against him in a petition of the parishioners of St. Martin's Orgar, London. [½ p.]
Dec. 31. 103. Certificate by the Treasurers of the Navy of ship-money paid in upon the writs issued in November 1639; total, 41,856l. 15s. 1d.; remaining to be paid, 168,543l. 4s. 11d. [1 sheet.]
[Dec. 31 ?] 104. Paper headed "to the King." It begins, "The King is abused, the law is wrested, it slays the innocent, it acquits the guilty; 'tis like a spider's web, it catches the small, the great ones break through." The writer after commenting on the maladministration of justice, which will shake the monarchy to its foundations, says he loves the King so much he would have revealed an intended plot which he expects will take effect next summer, but he is sworn to secrecy; and to prevent the malice of Judge Jones, he has to day poisoned himself at the Bar of the King's Bench. A corrupter judge the kingdom has not, all manner of villany he will let pass if only he be sufficiently bribed. [1¼ p.] Dorso,
104. i. Roche a priest that lives in Dublin, and a bishop called Barnwell, would commend him to Tyron in Flanders and he should be an actor in the design that should free the Papists in Ireland. We may take Dublin by an onslaught as easily as kiss a man's hand. The kingdom is so secure and the soldiers so base it is easy to take the kingdom, &c.
104. ii. This letter was found among Windebank's papers and was written three years since as is supposed. 1648 Dec. 7.
[Dec.] 105. Information by John White and others concerning the feoffees for impropriations and their suppression, referred from the Grand Committee for Religion to the Committee concerning Preaching Ministers. [See Commons' Journals ii., 61.] Dr. Jonge and others, feoffees entrusted with money for buying impropriations and with other money, and lands for maintenance of preaching, did accordingly buy divers impropriations and lands, and settled learned and painful preachers in divers parishes, and were likely in a short time to do much good in propogating religion. By the means of William Archbishop of Canterbury a bill was exhibited in the Exchequer Chamber against the said feoffees, and a decree thereupon, Feb. 11, 8 Car., made, whereby and by subsequent orders the things bought by them and given to them were taken from them, the good work wholly destroyed, and most of the good uses perverted, and thereby general discouragement drawn on all men from giving to such pious uses. That the Archbishop procured this work to be crushed, and bragged that he was the man that had set himself against it, and thanked God that he hath effected it, is proved by John White, John Sedgeswick, clerk; Willm. Kendall, at the sign of the Rose in Brad-street; John Lane and John Tooly, of Allhallows, Bread-street, London. [Dorso: 'Dr. Heylin's Act Sermon." 2/3 p.]
[Dec. ?] 106. Note of grievances that spring from the absoluteness of the Chancellor, and their remedies [probably submitted to the Committee for Courts of Justice]. 1. In decreeing matters either upon petition or references to the Masters of the Chancery, without hearing the cause himself; or else upon collateral matter grown upon motion, and neither contained in bill nor answer. 2. In appointing the plantiff or defendant to show cause by a day peremptorily limited, why an order prayed by the adverse party should not be entered; and then refusing to hear his counsel that day, whereby for want of showing cause the order is entered to his prejudice. 3. In committing offenders against his orders to close prison as in case of treason, and fining them till they conform, contrary to law and the practice of that Court. 4. In awarding possession by injunction as if the recovery were at common law. 5. In deciding titles of law in the Chancery upon English bills, calling one or two judges to assist him. 6. By staying execution of justice upon bare surmise or information of one part without hearing the other party. For remedy of these grievances it is desired to be enacted as follows: 1. That no cause be heard and ordered by him but upon bill and answer, and nothing decreed which is not expressly in the bill. 2. That in all orders wherein a day is peremptorily fixed, the same orders may be heard that day in course, and no other cause till that be ended. 3. That no further execution be used of any order in Chancery, but by imprisoning the party that disobeyeth them and that in such sort only as is used in case of execution at common law, and in no straiter manner. 4. That all bills containing matter of law be referred to the common law. 5. That no reference be made to any Master of the Chancery, but in matter of account for auditing it only, or for insufficiency of an answer or interrogatory. 6. That no course of common law be stayed without calling the party that sues to have it. [1 p.]
Dec. 107. Accounts of Matthew Brodley, deputy treasurer-at-wars, and John Leech of payments to the army from and after November 10, 1640. [6½ pp.]
Dec. 108. Account of pensions paid to several cardmakers, and dicemakers from Michaelmas 1637 to December 1640, amounting to 1,191l. 16s. 6d. [2 pp.]
Dec. 109. Extracts out of the Records specifying the sums paid by order for pious uses, especially for repair of St. Paul's, from 1630 to 1640. [8½ pp.]
Dec. 110. Inventory of the books and papers of Dudley Carleton, Viscount Dorchester, deceased, received from Sir Henry Vane, and which not having been any part of his Majesty's papers, nor at all incident to the place of Secretary of State, they were by the said Viscount on his death bed given to his nephew, Sir Dudley Carleton, from whom they were detained, with many others of like nature, by Sir Francis Windebank while he was Secretary, by whose children and servants since his absenting himself they were delivered to Sec. Vane. In all 38 manuscripts, &c. [4 pp.]
Dec. 111. Bond of Lawrence Squibb to Robert Fryer, cardmaker, of London, in 100l., to abide by the decision of George Tuke and John Thacker, indifferently chosen arbitrators to decide all matters between Squibb and Fryer; or of any umpire the said arbitrators shall appoint. [Dorso: "Received 1,514l. 1s. 8d., remains 5l. 7s. 4d." Copy. ½ p.]
[Dec.] 112. List of orders and debts wanting [for sums of money issued under the Great and Privy Seals]. The names of the people to whom the moneys were owing and the sums issued are given, commencing 16th Oct. 1639. [1⅓ p.]
[Dec. ?] 113. Political lampoon, in verse, beginning—
"The State lay sick, very sick, and in all haste,
The doctors were sent for," &c.
It describes how nothing could care her but a Parliament. It ends—
"The rest must dance when the Deputy [Strafford] leads,
A fast, a Parliament, and fourteen heads."
[Damaged by mice. 3½ pp.]
[Dec.] 114. Note of the names of the poor people in Longparish amongst whom Edward Nicholas' 5l. was distributed. [2/3 p.]