Charles I - volume 479: April 1641

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 479: April 1641', in Calendar of State Papers Domestic: Charles I, 1640-1, (London, 1882) pp. 528-567. British History Online https://www.british-history.ac.uk/cal-state-papers/domestic/chas1/1640-1/pp528-567 [accessed 20 April 2024]

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April 1641

April 1. 1. Certificate by Mr. Auditor, Thos. Brinley, of the Queen's profits for seven years last past by copyholders' fines within her manors of Leven and Patrington, co. York. Total 57l. 18s. 7d.; total of the medium, 8l. 5s. 6¾d. This certificate was made by warrant from the Commissioners of the revenues of the Queen's jointure, dated March 1, 1640[-1]. [1 p.]
April 1. 2. Account by Dr. Bardesy of the last illness and death of the Lady Barbara, Viscountess Fielding, daughter of Sir John Lambe, who died April 1st, 1641, half a quarter of an hour before nine at night. [1½ pp.]
April 1. 3. Certificate of Christopher Kingscote to Robert Long, her Majesty's Surveyor General, of the quantity and annual value of her Majesty's park of Blandsby in Pickering Forest, co. York. It contains 1,280 acres, the yearly value of the soil being 129l., which if improved would be worth 277l. per annum; the houses, trees, and underwoods are worth 410l. [1 p.]
April 1.
Office of Ordnance.
4. Certificate by the Officers of the Ordnance of gunpowder received into or issued from his Majesty's stores during March 1640-1, and of the quantity now remaining in store. Totals in store in the Tower, 180 lasts 19 cwt. 59 lbs, and at Portsmouth, 73 lasts 6 cwt. 98 lbs. [2 pp.]
April 1. 5. Receipt by Edward Wither for 7l. 10s. received from Edward Nicholas by the hand of Henry Thornbourgh, to the use of Lady Cicely De la Warr, for a half year's rent for the farm of Long Parish. [½ p.]
[April 2.] 6. Petition from the co. Palatine of Chester to the Lords Spiritual and Temporal in Parliament, delivered in by Sir Thos. Aston, concerning Episcopacy. In favour of retaining Church government by bishops, and deprecating various petitions which have been spread advocating the abolution of bishops, as not tending to reformation but absolute innovation in government. This petition was subscribed to by four noblemen, 80 and odd knights and esquires, 70 divines, 300 and odd gentlemen, and above 6,000 freeholders and other inhabitants [Printed for John Aston, 1641. = 2 pp.]
[April 2.] 7. Petition from the co. Palatine of Chester to Parliament concerning Episcopacy. Counter petition to the preceding, praying for the abolition of the Bishops; showing they did not exist in the time of the Apostles; pointing out the arbitrary government and other abuses they have introduced, and the blessings that will result from their abolition. This petition was subscribed to by eight noblemen, 199 knights and esquires, 140 divines, 757 gentlemen, and above 12,000 freeholders, and other inhabitants. [Printed. = 2 pp.]
April 2.
York.
8. Sir John Conyers to [Edward Viscount Conway]. I humbly thank his Majesty for his gracious answer; I shall with impatience attend the success of it. The money for your horses and waggons Capt. Brough has received. Mr. Wilmot has made Capt. Legg's brother his cornet, and O'Neale has made himself one. I send you the enclosed that you may see what wise letters I sometimes receive from him. Capt. Byron, O'Neale's lieutenant, tells me he will quit that place, for he is weary of the usage he receives from him. Mr. O'Neale writes that his new cornet has his commission from the 8th of December [1640], and that his old cornet must have no pay from that day; yet he went hence but on the 9th of January, and had leave from me for three weeks. In my opinion the means for that time is all due to him. Two sentences in semi-cipher follow. My Lord of Northumberland writes that he has order from the King to command all the officers, except Parliament men, to the army. Cornet Tracy writes that Sir Foulk Huncks offers him his lieutenant's place, but that he has civilly refused it, in hope your Lordship will assist him to a better command. He had thought that Capt. Howard's troop would have fallen void shortly, but my Lord General hath dispensed with his absence and Sir Jo. Berkeley's from their troops for a while, so there's no appearance of that, I believe. I send a list of the strength of the horse as they have been mustered as present; yet I conceive that some troopers who are absent with those captains who are at the Parliament, and otherwise by leave, are made good upon the muster books for present men. I send the rules now to his Excellency; and although the Scots advance not, saving to enlarge their quarters, yet it has been said they intended to pass the Tees hitherward. Though many in this kingdom make no question of their integrity, yet if they should pass, I have desired in my letter to his Excellency to know how we are to behave, whether to resist them as our enemies; because so many of this kingdom esteem them friends. [2½ pp.]
April 2. 9. Petition of Dame Anne Moore, widow of Sir Francis Moore, serjeant-at-law, to Francis Lord Cottington, Master of the Court of Wards. In the cause between Dame Elizabeth Moore, committee of Sir Henry Moore, Bart., his Majesty's ward by information, plaintiff, and petitioner defendant. Petitioner has sent into court the inventory of the goods and plate of the said Sir Francis Moore, the ward's grandfather, in obedience to an order and injunction to that purpose. In the said cause a commission is issued to examine witnesses, which is to be executed this vacation; and it is materially necessary for petitioner to have the inventory to produce before the commissioners, and to examine witnesses thereupon, who cannot speak but upon view of the inventory, as the same is written by some of their own hands, as by the affidavit annexed appears. For these reasons, and for that the plaintiff hath a copy thereof, the same having remained in court near a twelvemonth, she prays that she may have the said inventory out of court, to produce at the commission. Underwritten,
9. i. "Direction by Lord Cottington to Mr. Audley. Let the inventory in the petition mentioned be delivered to petitioner, so as she or Thos. Moore, gent. named in the affidavit annexed, enters into bond of 100l. to return it into court, together with the commission; so as both plaintiff and defendant may make use of it at the execution of the commission as is necessary; and let an order be drawn up accordingly. 2 April 1641." [Copy. 1 p.]
April 3. 10. Protection by one of the Peers [Edward Viscount Conway ?] for his servant William Owen. These are to require you to suffer the bearer quietly to pass without molestation or arrest "during this time of Parliament, as you will answer the breach of the privilege belonging to all and every Peer of this realm." [Draft. ½ p.]
April 4.
Stanstead Mountfitchet.
11. Richard Ward to Sir Edward Deering. Being not able through distance and business to attend upon your worship, I have sent the things which were expunged out of my book; and a most short survey of the contents of these two manuscripts, which I have superscribed the greater and lesser book, that your religious assembly and honourable court may the more readily turn to anything they please. I have both referred the House or committee to some particular places in both these manuscripts, wherein are passages whereby it will clearly appear whereunto they desired and hoped ere long to lead us; and also have reduced all that was expunged to nine short heads, and have thereunto annexed a table, by which that undoubted and too-well experienced truth of your worship's is confirmed, that England's "Imprimatur" is worse than Italy's "Index Expurgatorius." Both myself and the Church have suffered, and that not lightly, by the licensers thus handling my book on St. Matthew; for I promised the world, in the epilogue of that work, to go on with the rest of the Evangelists; and I had with no small pains prepared for the press both Mark, Luke, and almost all John; but this is so mangled that it lies by the walls, whereby I am quite discouraged from setting forth the rest. I refer it wholly to your worship whether you think me worthy of any satisfaction from Dr. Weeks for the wounds and wrong which I have received through the sides of my book by his means. I humbly desire your worship to be a means that these two manuscripts I have sent may be licensed for the press, and I will attend upon you for them as soon as possibly I can; and if you please to appoint me any time after Easter, though it be within a week or two, to preach before the House I shall most willingly attend that service; and because of that honourable respect which I bear unto your worship above all that I know in the House,—although I know divers, and have some particular interest in some knights there,—I desire that I may be brought as your chaplain or friend, and I hope that your worship shall incur no disgrace thereby. [2/3 p.]
April 5. 12. Certificate by Richard Allison, Rector of Syderstone, and Tho. Logher, Rector of Letheringset, co. Norfolk. That Charles Ward, M.A. and priest in holy orders, has officiated in the cures of Fakenham and Larringset [Letheringset], Norfolk, this five years, and demeaned himself soberly, agreeable to his vocation, and being in all things conformable to the doctrine and discipline of the Church of England. [½ p.]
April 6.
York, at night.
13. Sir John Conyers to [Edward Viscount Conway]. I send you enclosed the copy of a letter of mine to his Excellency [the Lord General], by which you will perceive as much as I know of the business I write of. The foot officers are discontented, and all men are of opinion they intend to do something; but I fear, let it be what it will, it will not be wisely done, for our army is not in state nor discipline, nor I think so well inclined, as to do anything worth speaking of, though some of the officers be gallant men. You will perceive by the last part of my letter that I desire, if some commanders come hither, I may then be spared to come to London. I beseech you inform me what you hear touching our army, and what chiefs we are likely to have, and also advise me what shall be fitting for me to do; and if Mr. Goring come to command me, or any man else that is not of more eminence, I pray your Lordship then to assist me all you can, that I may have leave to come to London, though but for a few days. I hope it will seem no wonder that having been so long in these parts my occasions now draw me into the south; and I may as well be spared for a short space, as all the world have been spared all this while. I may well desire to change this air, for I desire nothing more than that the army may be discharged, and that I may leave this employment upon any reasonable terms and without prejudice to my reputation, which I fear is a thing almost impossible to be done; but I am thus far embarked in it and must now attend the event. [2 pp.] Enclosed,
13. i. The same to [Algernon Earl of Northumberland]. I perceive the foot officers are not pleased with what they have received from the Parliament touching the letter they sent up to your Excellency, for I find by their discourses that their discontents are not lessened, and it may be, fearing they have displeased, may chance draw them into further inconvenience, so that I doubt some disorder will suddenly follow. They had a meeting at [Burrough] Bridge on Saturday last but what their business was or what they agreed upon I cannot learn. I hear again they are to meet here this night or to-morrow. A rumour has been spread in these parts for some days that a herald at arms was come down, and so was Mr. Bellasis, Lord Fauconberg's son, to cashier the army, which troubles them and the country also, not hearing of full payment. I have been informed they have endeavoured to persuade some of the officers of the horse to join them, but to do what I know not; therefore, to avoid all evils, as soon as the moneys were paid out. I gave charge to the chief officers here to command all the rest to their quarters, there to exercise and keep their troops in order. Yet some I hear remain still in town, but keep out of my sight. I am perplexed in this business, and therefore despatch this express to your Excellency, beseeching your order in it. Without that I shall be unwilling to do anything. I do also beseech you to give me answer to that clause of my letter of the second of this present, what shall be fit for us to do if the Scottish army or any part of it, upon pretence of finding a better quarter, or any other occasion, shall press upon us or seek to pass the Tees. Your Excellency will be pleased to pardon me that I ask this question, for the times are such that I know not how to govern myself. I understand that some of the foot officers by a note under their hands have desired Mr. Goring may be Lieutenant General of this army, for which some of them are already sorry. If he come to command here in that quality I do then most humbly beseech you to give me your leave or to procure me the King's leave that I may come to London to attend your Excellency. I shall then give his Majesty and your Excellency such reasons of my occasions there as I hope shall be pleasing to his Majesty and your Excellency. P.S.I beseech your Excellency that this letter may not be made public, for this I write is for the most part but of presumption. [Damaged by damp. Copy. 3 pp.]
April 6.
Covent Garden.
14. Sir William Uvedale, Treasurer-at-Wars, to Matthew Bradley. I have received yours of April 2. The warrant signed by my Lord General for yourself is yet at Sion, so that I cannot yet send it down, but it is safe enough. I find you have sufficient moneys to discharge this month's pay, and when that is done you hope there will be a considerable sum resting, which I am glad to hear, and should be as glad to hear what it is, as also what the charge of the army will monthly amount to according to your last musters. It pleaseth me well, too, that you intend to be at York this week to set the charge right with the paymasters there, of which I expect to hear by the next return. The bill of 300l. of Mr. Potter's I am provided well enough for the payment of here presently, and therefore if you charge it on Miviett or yourself, which I had rather, I shall pay it here upon sight or six days' sight, I am willing you should have as much money in your hands as I can conveniently return you, and therefore I have accepted a bill of exchange of 100l. on Sir Thos. Lucas, addressed from Miviett, which is here paid, and therefore you must now charge it on him. Touching those warrants of my Lord Grandison I am satisfied, though I think it is something improper for me to pay here warrants signed by Sir Jacob Ashley, when they might receive their money upon the place. Among the rest here is a surgeon of an hospital who has brought up his warrant for his month's pay, and the acquittance is drawn by you. It is but for 12l. 12s.,—no great burden for him to have brought with him. This warrant I have suspended till I hear further from you. After I received yours by the post, I received your letter by your brother, and sent away immediately the enclosed letter and bill of exchange for 100l. unto the Earl of Cork, who in downright terms has refused it, and therefore I have sent you the bill of exchange and [David Earl of] Barrymore's letter to his father [-in-law] back again. For the question that is made by Sir Jacob Ashley touching the dead or runaway soldiers I think it is needless, especially their money being due four months since, and therefore I would make no question of it now. I know it would discontent the officers very much, which, as I hear, are full enough already of discontent; but for the next month you must order it punctually according to your last musters. I sent you down an order under Mr. Scowen's hand, as from my Lord General, that although Captain Porter and Captain Crofts, of my Lord General's regiment, had cashiered themselves, yet it was my Lord's pleasure they should receive their pay till the 5th of January, and that the captains that succeeded them had their commissions dated but from that day. I would be glad to know how they stand with you, for they have been with me, and I can make them no answer till I hear from you. There is one Captain Roper, a son of Viscount Baltinglass, that was a reformadoe in Colonel Terringham's regiment, who pretends he was absent at the time of the cashierment and has not been paid. I sent him to Captain Burgess, who received, I take it, for the whole regiment, but who denies that he received any entertainment for him; and therefore I desire some direction from you, that I may give him his answer. Now to my own business, for that is ever put in the last place. I know no particular money lent out of my own purse that is yet unpaid, but these two sums, 20l. to Captain Horatio Cary, and 30l. to Sergeant-Major Brockett, which was lent to his wife in Hampshire upon his own letters; take these into your hands, for then I know they are safe. You will hear from us shortly about orders for the army, but they will not concern us that pay it; but we are all now so busy about the Earl of Strafford, whose business is now upon the point of finishing, as we cannot tend anything else. [4 pp.]
April 6/16.
Paris.
15. Robert Read to his cousin Thomas Windebank. This bearer is a very civil man and my good friend, and I hope may be of advantage to us in the business of the posts, for he is able to say as much in that as any man, he being one of those Witherings has deceived. His name is Mr. Frizell. He can tell you my uncle enjoys bodily health, and his heart is not the heavier for some expressions delivered him from their Majesties by Mr. Mountague who arrived here on Saturday last. He comforts himself that he shall have all the favour his Majesty and the Queen are able to do him, and the rest must be remitted to God's good pleasure. I am come to the knowledge of a report raised of me, I know not by whom, but spread here by some English gentlemen, which is most false and malicious, that I said all the Lords of the Parliament in England are fools; but whether I said it in England or here I cannot yet learn, but am sure I said it nowhere; and I think you will answer for me that I could not be guilty of such an indiscretion. My comfort is that I know myself so clear of any unworthiness or corruption, that if they will have wherewithal to accuse me they must invent it, as they have done this. It is not improbable it may have been reported in England to my prejudice, for certainly the framers of it did it to do me a mischief, and they cannot do me a greater than to spread it there. I will do my best to find out here the author of it, for although I am not in a condition to call any man to account for it, I may discover my adversaries, and make such use of it as I think fit. Meantime if you hear of any such report there I beseech you use means to depress it. In regard of the danger of going to the country we have taken a new lodging for a month longer in town in a more private place. [2 pp.]
April 6. 16. Petition of Philippa Rogers, widow, to Francis Lord Cottington, Master of the Court of Wards. Petitioner's husband, William Rogers, last November died seized of divers lands in co. Gloucester, held of his Majesty in capite by knight's service, leaving Don Rogers, his son and heir, within age. Petitioner on her petition obtained from your Lordship a grant of the wardship, and was appointed to compound for it last term, and endeavoured to do so; but being taken with a long and dangerous sickness, she committed the care thereof to Mr. Thos. Rogers, a student at law, who endeavoured to find the office, but could not, as divers of petitioner's writings were dispersed in other men's hands, and both the escheator and feodary were not then residing in the county; but Mr. Rogers, contrary to his promise to petitioner, neglected to continue the petition for longer time, as by the annexed affidavit appears; by reason of which neglect and upon false pretence to your Lordship, one Mr. Lee did upon petition obtain a promise of the same as a neglect, and got out a writ to find the office. Petitioner prays you to confirm to her your former grant of the wardship, and a Supersedeas to the [writ of] Diem clausit last taken forth, and a new writ of Diem clausit to find the office, which she will do this vacation and compound next term. Underwritten,
16. i. Let the former writ be superseded and petitioner have a writ or commission in the nature of a Diem clausit extremum to find the office, and let the office with a schedule and confession of the estate be returned the sixth sitting upon compositions in Easter term next. Francis Cottington, 6 April, 1641. [1 p.] Annexed,
16. ii. Affidavit by the same Philippa Rogers of the truth of the above premisses, contained in her petition. 2 April1641. [1 p.]
April 8.
Office of Ordnance.
17. Estimate for furnishing with ammunition ten of his Majesty's ships and pinnaces, viz., St. Andrew, Rainbow, Bonaventure, Garland, Leopard, Victory, Happy Entrance, Providence, Roebuck, and Nicodemus, appointed to the seas in his Majesty's service by warrants of the Lord High Admiral dated March 26 and April 8, 1641. Powder, 3,669l. 10s.; stores, including shot, match, muskets, crows, &c., 2,281l. 9s. 4d.; emptions, comprising cordage, fireworks, ships' carriages, &c., 1,345l. 1s. 11d. Total, 7,296l. 1s. 0d. [2 pp.]
April 8.
Chester.
18. Judith Croxton to her cousin Mrs. Judith Croxton, at Sir Thomas Smith's house in London. Wonders she has not heard from her; sends love to all her relatives. [1 p.]
April 9.
York.
19. Sir John Conyers to [Edward Viscount Conway]. Although your Lordship besought the King that you might quit your charge, yet I hope it is not accepted by his Majesty; that would be a means to stay Mr. Goring above, whom I should be loth to serve under. The foot now say his coming hither was propounded to their ambassador Captain Chidleye by my Lord of Newcastle by order from the King; but I hope his Majesty knows him so well that he will find some other for this command. If he comes Sir Jacob Ashley is resolved to quit his command; and the most part of those that put their hands to the paper that desired him are now sorry for it. His Sergeant-Major Willis and some few young fellows of his regiment persuaded the rest to it. I send you a copy of my letter to his Excellency. P.S.—I send you the enclosed list because it is spoken of in his Excellency's letter, and that you may see the mistakes they have sometimes [made]. Perchance the like was in the furnishing Newcastle with ammunition. [1 p. Damaged by damp.] Enclosed,
19. i. The same to Algernon Earl of Northumberland, Lord General of the Army. I have received your Excellency's of the 6th inst., and have already given a warrant to Captain Legge to deliver ammunition to the troops and to keep an account of it, and will give order to the officers to detain money in their hands for the payment of it, when rates shall be set, according to your command. I wrote to you the 6th inst., and shall attend your Excellency's answer at your leisure, and when the Parliament shall have given directions for one part of it. I am giving order for particular alarum places for the regiments, that I may with more ease draw them to a general rendezvous on any sudden occasion, and shall now give them notice of the supply of money the Parliament is providing for them. All but some few have repaired the few arms they have, yet our defects of arms are very great, as may appear by the lists I long since sent you. The country throughout complain of their want of fodder for their cattle, and will not be long able to assist the troops; and if we should have occasion to draw together I know not how we shall subsist for any small time, nor how to draw together for want of money to make provision; yet I shall do my endeavour to the uttermost. According to your order touching Lord Conway's corporal for shooting at a dog and killing a man, I have caused all such delinquents to be committed to gaol, and they have now at the assizes received their trial; a list of them I enclose. Certain provision was ordained for the magazine of Berwick last year, and some part of it was sent in August, but the particulars expressed in the enclosed list were wanting. Likewise I pray your Excellency to call to mind that I importuned you many times last year for a supply for the magazine there, which at last was agreed to and ordained to be sent the 5th of September, as appears likewise by the enclosed note. At my coming from Berwick after the cessation of arms, I was informed a ship was come to Holy Island with those provisions, but it was a mistake, for to this hour they have not been sent, and till now that Captain Tillier tells me of it, I never dreamt but that they had been delivered there long since. Whose fault it is I know not, but such mistakes may cause great inconvenience. This I thought fit to give you account of, and beseech you to send this list to my lord of Newport. The oaken planks for the platforms not coming in time, deal planks were furnished, so that if your Excellency think fit to send the rest of the provisions that part may be spared. York, April 9. [Copy. 2¼ pp.]
April 9.
Paris.
20. Sir Francis Windebank to [his son Thomas Windebank]. Your letters of April 1 are come under my Lord Ambassador's cover, and I think you shall do well still to make use of that address, especially remaining in Court as you purpose to do during your quarter of attendance. I shall likewise take the benefit of that conveyance to you, and therefore call for my letters from Mr. Treasurer [Vane]. Mr. Mountague arrived here last Saturday and has been with M. de Chavigny and the Cardinal [Richelieu], who have received him very well. He brought me so gracious an expression from the Queen [of England] that I held myself obliged to make an humble acknowledgment of it to her Majesty, which goes herewith, and I desire you to present it to her own hands. My Lord Ambassador [the Earl of Leicester] continues his favours to me and has been this week with me at my lodging. I wrote lately to Mr. Treasurer [Vane] by Mr. Frizell, who touched here in his passage out of Italy toward England. He was Postmaster before Witherings, and drew him in to be his partner; but Witherings, in token of his thankfulness, joined with Sir John Coke and thrust the poor man utterly out. He is able, and not unwilling if he be dexterously managed, to discover much of Witherings' miscarriage in that place, which I have desired Mr. Treasurer to make use of, and you will do well to put him in remembrance of it from me. I have not yet taken any resolution concerning my remove hence; not that I apprehend the malice against me to be any whit abated, finding no cause for such a conceit, but that I hope God will preserve me as hitherto. But I am removing to another lodging in this faubourg, which belongs to a Scotch Colonel that is gone for England and is to stay there three or four months. Your mother's resolution for Haines Hill is very good, and I wish I could be with her. Sends love to his family and relations. P.S.—Lord Vaux is fallen into an ague and has had three or four fits. [2 pp.]
April 9.
Burdrop.
21. William Calley to Richard Harvey. Thanks for the news he sent and the two legacy rings, which, however, are not substantial enough, "because I had rather much over-do than one jot under-do the will of such a father as mine was." Wishes to have the death's heads all engraven and then enamelled if it may be done. Amongst my charges of the Earl of Strafford and Archbishop Laud I do not find any reply that they have made in defence of their innocence, and I much desire to see if any such are come forth. I must needs confess the charges are heavy ones, some of them. I am glad my friends stand so well. Pray send me 12 grains of the best musk. [Seal with arms. 1 p.]
April 10. 22. The Judges' resolution upon the question propounded to them by the Upper House concerning hearing of further witnesses in behalf of the Earl of Strafford. That according to the course and practice of common justice before them in their several Courts upon trials by jury, as long as the prisoner is at the bar and the jury not sent away, either side may give their evidence and examine witnesses to discover truth; and this is all the opinion as we can give touching the proceeding before us. Annotated by Nicholas in the margin, "This question was propounded to the Judges by the Lords of the Parliament, 10th April 1641, in the case of the Earl of Strafford, E.N.," and endorsed by him as above. [Printed in Lords' Journal, vol. iv., 212. ½ p.]
April 10. 23. Another copy of the same. [½ p.]
April 10. 24. [Dr. Dell to Nicholas ?] Our new Committee for Religion was to have sat last Monday afternoon, but there being neither meeting nor adjournment it was left sine die; yet on Thursday afternoon the Bishops of Lincoln, Durham, Winchester, and Bristol met, where the assistants, attended by some threescore divines of inferior rank, were present, and many temporal lords; and many points of doctrine and church service being questioned, among the rest one lord said it ought to be put out of the Creed that Christ descended into hell, which he did not believe. Yesterday forenoon, without any notice to the other committees, the same spiritual lords and divines met at the Bishop of Lincoln's lodging, where in less than two hours they condemned, as I am informed by the Bishop of Bristol [who was] present, about fifty points in doctrine they had met with in several treatises and sermons of late printed amongst us. They had culled out a passage of my Lord of Canterbury's Star Chamber speech, which they say is that hoc est corpus meum is more than hoc est verbum meum, which the Bishop of Lincoln censured, for that verbum did make corpus, but he would not [say] further here, because his Grace was like to answer it shortly elsewhere. Seal with coronet and motto.] Enclosed,
24. i. Answer by Archbishop Laud to the objection to the above passage of his speech. Objection: 'Tis not less, since 'tis the word which makes the body. Ans.: 1. "Corpus conficitur" was used by some of the ancient Fathers sano sensu, but is abused by the Romanists at this day to prove transubstantiation. Wherefore I do a little wonder to hear from some men this phrase, To make the body. 2. In St. Augustine 'tis "Accedit verbum ad elementum et fit sacramentum." The Sacrament is made, not the body. 3. Be it Sacrament or body which is made, 'tis verbum consecrationis that makes it, 'tis not verbum predicationis, of which only I there spake. 4. All this is true, though it be spoken of that which is indeed verbum Dei predicatum; whereas God knows omne verbum predicatum is not verbum Dei. 5. A lewd minister may deprave the word and make it void many ways, but he cannot hurt the Sacrament digne recipienti. [In Laud's hand. 1 p.]
April 12. 25. Note by Nicholas of a message from the King to the Lord Mayor of London delivered by him. To acquaint my Lord Mayor that his Majesty understanding there is a petition framing, and hands getting to it by some of the city, to the Parliament, for speedy proceedings against the Earl of Strafford, his Majesty commanded me to tell his Lordship that he holds it a very unbeseeming thing that the city or citizens should petition for any matter depending in Parliament, and therefore his Majesty commands that his Lordship use his present and effectual endeavours to stop the getting of hands to that or any other petition whatsoever, and that he suffer no petition with hands to be prepared either for his Majesty or the Parliament, for that it is a tumultuary way, and not fit to be allowed in any civil government; and that his Lordship have a care to do this secretly as of himself, and not by any command from his Majesty. Mr. Recorder is to go with me to the Lord Mayor with this message. Underwritten,
25. i. Mr. Recorder and I delivered this message the 11th of April accordingly in private to his Lordship, who promised to have a care to perform it. [1 p.]
[April 12.] 26. Petition of Sir John Lambe to the Lords Spiritual and Temporal in Parliament assembled. Petitioner prays you to hear the cause between Walter Walker and himself, because—1. Two of petitioner's counsel were absent at the hearing thereof before the Lords Committees. 2. Petitioner hath divers things to prove before you which were not then mentioned. 3. It will appear that Walker neither had nor hath any right to the office in question, and if he had he hath surrendered the same. 4. Nor ought he to have any damages, because he sustained none by petitioner, and if he did he hath clearly released it. 5. But that he unjustly troubled petitioner and the country without any just title, and therefore ought to make reparation to petitioner, which petitioner humbly prays he may do. 6. Lastly, for that if he think his title good petitioner is ready to try the same with him at the Common Law, where indeed it most properly belongs; and [petitioner] will take no advantage of the said surrender. [See Lords' Journal, vol. iv., p. 214. Copy. 1 p.]
April 12.
Monday morning.
27. Nathaniel Tomkyns to [Sir John Lambe]. On Friday afternoon I understand by my brother Walter and other friends that Sir Henry Anderson, being absent from the House when my brother moved on your behalf, did of his own accord move that you might have leave to go into the country for a month, and was seconded by Sir Robert Harley; and after some opposition Mr. Hyde and Mr. Godolphin spoke also for you, but they were withstood by Sir John Clotworthy, Mr. Rigby, and others. Mr. Pym, taking a middle way, was content you should go into the country to any place not above 10 miles from London, so that you might attend the House at two days' warning [see Commons' Journal, iv. p. 117], upon notice to be left at your lodging in Doctors' Commons. My brother came not into the House until Mr. Hyde was speaking, and standing up to speak after Mr. Pym, Mr. Hollis stood up also with him, who being the first up in Mr. Speaker's eye had, according to the order of the House, the priority of speaking. He besought them not to spend so much time about one man's safety when the safety of the whole kingdom was in question, that day being appointed to consider of the two armies, both being discontented for want of pay, and if either should come more southward it might embroil both nations. After his speech the precise party would hear no more concerning you, but fell to the business of the day, disputing till seven at night whether a cessation of arms for a fortnight longer, after the 16th inst., should not be desired of the Scottish Commissioners, which being opposed by many as a thing that would draw from the subject 12,500l. more, and as dishonourable to move from that House unless either the Scots or the Lords Commissioners of the Upper House should move it as formerly, it was nevertheless resolved on division that it should be so, about 140 being against it and 240 for it. On Saturday morning the Earl of Strafford being come to Westminster Hall, and both Houses sitting in presence of the King, the Commons desired they might enlarge their charge upon the 23rd article; whereupon the Earl also desired he might enlarge his answer upon the 21st and 23rd articles. The Lords, retiring to their own House, returned with this resolution, that they held it equal if the Commons added anything de novo that the Earl should have the like liberty. The Commons, not satisfied therewith, much pressed that they had formerly had a saving granted them, but the Earl had none; the Earl said he had humbly besought the Lords he might have the like saving, and he hoped it would be held reasonable that if new objections were made he should have permission to make new answers to them, being for his life. The Lords met again to consult in their House with the judges, and after half an hour the Earl Marshal delivered their opinion to be the same as before, which as soon as the Commons heard, a great number of the precise part cried "Withdraw! withdraw !" and the Lords immediately thereupon cried "Adjourn! adjourn!" and so both Houses went in little better than tumultuous manner from the hall to their several Houses, where they did little but agree to meet in the afternoon. The King laughed, my author says, and the Earl of Strafford was so well pleased he could not hide his joy, being now sine die for any further proceeding. In the Commons' House after dinner, after much debate what course to take for the punishment of so great an incendiary, Sir Arthur Haselrigg drew out of his pocket a Bill, supposed to have been prepared before that day, for the Earl's attainder, and punishment by death,—hanging, drawing, and quartering,—which Bill was with much ado kept from being read again the same afternoon. The secret of their taking this way is conceived to be to prevent the hearing of the Earl's lawyers, who give out that there is no law yet in force whereby he can be condemned to die for aught yet objected against him, and therefore their intent is by this Bill to supply the defect of the laws therein; and to make him more odious, a paper was that afternoon read in the Commons which young Sir Hen. Vane is said to have found casually in his father's study, as notes of passages at the Council table, wherein strange speeches of the Earl's were quoted, touching the curbing of the people and introducing an arbitrary government; and also of Lord Cottington's and others tending to the same end; about which paper both their Majesties are said to be much offended with Mr. Secretary Vane. From the Lords' House I have not heard of anything, save that they sent that afternoon to the Commons for a conference about a cessation of arms for a month longer; so it is inferred that the precise party is still most prevalent in the Higher House too, and that it was so contrived by the correspondents in both Houses that the Commons should give the Scots one fortnight's pay, and the Lords another, and not to let them go till their intended work be done. [3½ pp.]
April 13. 28. Speech of the Earl of Strafford on the last day of his trial in Westminster Hall. The Lord Steward at his entry told them the Lords had ordered that their testimonies should be waived and that they should proceed immediately to what followed, so that day might put an end to what concerned matter of fact. Lord Strafford replied that in all humility he would submit himself to that or any other their decrees whatsoever, though it could reach so far home to him as his own life; but with all humility begged that if hereafter he should be troubled—for they [the Commons] were to speak last—with new matter or supplemental proof, he might be heard to say for himself. The Lord Steward having said that it was all the reason in the world, he went on thus:—My Lords, this day I stand before you charged with high treason; the burthen is heavy, but far the more that it hath borrowed the name, the Patrociny of the House of Commons; if this were not interested I might shortly expect a no less easy, than I do a safe, issue and success to the business; but let neither my weakness plead innocency nor their power my guilt. If your Lordships conceive of my defences as they are in themselves without reference to either—and I shall endeavour so to present them—I hope to go hence as clearly justified by you as I am now in the testimony of a good conscience by myself. My Lords, I have all along my charge watched to see that poisoned arrow of treason that some would have to be feathered in my breast, and that deadly cup of wine that hath so intoxicated some petty misalleged errors as to put them in the elevation of high treason; but, in truth, it hath not been my quickness to discern any such monster yet within my breast, though perhaps now by a sinister imputation sticking to my clothes. They tell me of a twofold treason, one against the statute, another by the common law; this direct, that constructive; this individual, that accumulative; this in itself, that by way of construction. For the first I must and do acknowledge that if I had the least suspicion of my own guilt I would spare your Lordships this pains and pass sentence of condemnation against myself; and whether it be so or not, I do refer myself to your judgment and declaration. You and only you, under the favour and protection of my gracious Master, are my judges. Under favour no commoner is my peer, nor can be my judge, and I shall ever celebrate the providence and wisdom of your noble ancestors that have put the keys of life and death, so far as concerns you and your posterity, in your own hands; none but you know the rate of your noble blood, none but you must hold the balance in dispensing the same. I shall proceed in repeating my defences as they are reducible to these two main branches of treason; and for treason against the State, which is the only treason in effect, nothing is alleged but the 15th, 22nd, and 27th articles. Here he brought the sums of all the replies made to these three articles before; and he alleged five reasons for nullifying the testimony of Sir Henry Vane, because it seemed pressing: 1. That it was but a single testimony and could not make faith in a matter of debt, much less of death; yea, that it was expressly against the statute to impeach a man, much less condemn him, for high treason but by the testimony of two famous witnesses. 2. That Sir Hen. Vane was dubious in it and expresses it with an "As I do remember," and such and such like words. 3. That all the Council of eight besides himself discountenance the words, as if by a singular providence they had only taken hold on his ears. 4. That at that time the King had levied no forces in Ireland, and therefore he could not be so impudent as to say to the King himself that he had an army there for reducing this kingdom. 5. That he had proved by witnesses beyond all exception, the Marquis Hamilton, the [Lord] Treasurer [Juxon], the Earl of Northumberland, Lord Cottington Sir Wm. Pennyman, and Sir Arthur Terringham, that there was not the least intention to land those forces in England. He went on:— And so much for the articles concerning the individual treason. To make up this constructive treason, or treason by accumulation, many articles are brought against me, as if in a heap of felonies or misdemeanours—for in their own conceit they reach no higher— some prolific seed, apt to produce what is treasonable, could lurk. Here I am charged to have designed the overthrow both of religion and the State. The first seemeth to have been used rather for making me odious than guilty, for there is not the least probation [proof] alleged concerning my confederacy with the Popish faction, nor could there be any indeed. Never a servant in authority beneath the King, my Master, who was more hated and maligned, and am still by these men, than myself, and that for a strict and impartial execution of the laws against them. Hence your Lordships may observe that the greater number of the witnesses used against me either from Ireland or Yorkshire are men of that religion; and for my own resolution I thank God I am ready every minute of the day to seal my disaffection to the Church of Rome with my dearest blood. But, my Lords, give me leave here to pour forth the grief of my soul before you; these proceedings against me seem extremely rigorous, and to have more of prejudice than equity, that by a supposed charge of my hypocrisy or errors in religion I should be made so monstrously odious unto three kingdoms. A great many thousand eyes have seen my accusations whose ears shall never hear that when it came to the upshot I was never accused of the same. But I have lost nothing; popular applause was ever nothing in my conceit; the uprightness, the integrity of a good conscience was and ever shall be my perpetual feast. And if I can be justified in your Lordships' judgments from this grand imputation—as I hope now I am, being [seeing] these gentlemen have thrown down the bucklers—I shall account myself justified by the whole kingdom, because by you, who are the compendium, the better part, yea, the very soul and life of the same. As to my designs about the State, I dare plead as much innocency here as in the matter of my religion. I have ever admired the wisdom of our ancestors, who have so fixed the pillars of this Monarchy that each of them keeps due measure and proportion with other, and have so handsomely tied up the nerves and sinews of the State that the straining of one may bring damage and sorrow to the whole economy. The prerogative of the Crown and the propriety of the subject have such mutual relations that this took protection from that, that foundation and nourishment from this; and as on the lute, if anything be too high or too low wound up, you have lost the harmony, so here the excess of a prerogative is oppression, of a pretended liberty in the subject disorder and anarchy. The prerogative must be used, as God doth His omnipotency, at extraordinary occasions; the laws answerable to that "potentia ligata in creaturis" must have place at all other times, and yet there must be a prerogative if there must be extraordinary occasions. The propriety of the subject is ever to be maintained if it go in equal pace with this; they are fellows and companions that have been and ever must be inseparable in a well-governed kingdom; and no way so fitting, so natural to nourish and intertex both as the frequent use of Parliaments. By this a commerce and acquaintance is kept between the King and the subject; this thought hath gone along with me these 14 years of my public employments, and shall, God willing, to my grave. God, his Majesty, and my own conscience, yea, all who have been accessory to my most inward thoughts and opinions, can bear me witness I ever did inculcate this:—The happiness of a kingdom consists in just poise of the King's prerogative and the subject's liberty, and that things should never be well till these went hand in hand together. I thank God for it, by my Master's favour and the prudence of my ancestors I have an estate which so interests me in the commonwealth that I have no great mind to be a slave, but a subject. Nor could I wish the cards to be shuffled over again upon hope to fall on a better set; neither did I ever keep such base mercenary thoughts as to become a pander to the tyranny, the ambition of the greatest man living. No, I have and shall ever aim at a fair but a bounded liberty, remembering always that I am a freeman, but a subject; that I have a right, but under a Monarch. But it hath been my misfortune now under my grey hairs to be charged with the mistakes of the times, which are now so high bent that all appears to them to be in the extremes for Monarchy which is not for themselves: hence it is that designs, words, yea, intentions are brought out for real demonstrations of my misdemeanours—such a multiplying glass is a prejudicated mind. The articles contain expressions and actions; my expressions either in Ireland or England, my actions either before or after these late stirs. In this order he went through the whole charge from the first to the last article, and repeated the heads of what was spoken by himself before. Only in the 28th article he added,—if that one article had been proved against him it contained more weighty matter than all the charge besides, and that it had not only been treason but villany in him to have betrayed the trust of his Majesty's army. Yet because the gentlemen had been sparing because of the times to insist upon that article,—though it might concern him much,—he would keep the same method and not utter the least expression that may seem to trouble the happy agreement interceded for, though he wished the same might deceive his expectation. Only thus much [he would say], he admired how himself, who was an incendiary in the 23rd article against the Scots, is become their confederate in the 28th, or how he could be charged at one time for betraying Newcastle and fighting with the Scots at Newburn; seeing there was no possible means to preserve the town but by hindering the passage there. That he had never advised war further than in his poor judgment might concern the very life of the King's authority and the safety and honour of this kingdom; nor saw he what advantage could be made by a war in Scotland, where nothing could be gained, but many hard blows. For his part he ever honoured that nation; but he ever wished them to live under their own climate, and had no desire they should be too well acquainted with the better soil of England; but he thought that article had been added in jest or as a supernumerary, and he very little suspected to be upon the Scots' confederation. He wished, as he hoped it was, that every man were as free from that imputation as himself. And then closed his defence with this speech:—My Lords, you see what may be alleged for this constructive, rather this destructive, treason. For my part, I have not the judgment to conceive that such a treason is either agreeable to the fundamental grounds of reason or law. Not of reason, for how can that be treason in the whole which is not in any of the parts? or how can that make a thing treasonable which in itself is nothing so? Nor of law, since neither statute, common law, nor practice hath from the beginning of this Government ever mentioned such a thing. And where, I pray you, my Lords, hath this fire without the least token of smoke lien hid so many hundreds of years, and now breaks forth in a violent flame to destroy me and my posterity from the earth ? My Lords, do we not live by laws, and must we be punishable by them ere they be made? Far better it were to live by no law at all, but be governed by those characters of discretion and virtue stamped in us, than to put this necessity of divination upon a man and to argue [accuse] him of the breach of a law ere it be a law at all. If a waterman split his boat by grazing on an anchor, and the same hath a buoy appendant to it, he is to charge his own inobservance; but if it have none, the owner of the anchor is to repair the loss. My Lords, if this crime which they call arbitrary treason had been marked by any discernment of the law, the ignorance of the same should not excuse me; but if it be no law at all, how can it in rigour, in strictness itself condemn me? Beware you do not awake these sleeping lions by the raking up of some neglected, some moth-eaten records,—they may sometime tear you and your posterity in pieces. It was your ancestors' care to chain them up within the barrier of a statute; be not you ambitious to be more skilful, more curious than your fathers were in the art of killing. My Lords, it is my present misfortune, but for ever yours, and is not the smallest part of my grief, that not the crime of treason, but my other sins, which are exceeding many, have presented me before this bar; and except your Lordships' wisdom provide for it, may by the shedding of my blood make a way for the tracing of yours. You, your estates, your posterities lie all at the stake if such learned gentlemen as these, whose lungs are well acquainted with such proceedings, shall be started out against you: if your friends, your counsel [were] denied access to you, if your professed enemies admitted to witness against you, if every word, intention, circumstance of yours be alleged as treasonable, not because of a statute, but a consequence, a construction of law heaved up in a high rhetorical strain, and a number of supposed probabilities, I leave it to your Lordships' consideration to foresee what may be the issue of so dangerous, so recent precedencies. These gentlemen tell me they speak in defence of the commonweal against my arbitrary laws; give me leave to say that I speak in defence of the commonweal against their abitrary treason; for if this latitude be admitted, what prejudice shall follow to the King, to the country, if you and your posterity be disabled by the same from the greatest affairs of the kingdom! For my poor self, if it were not your Lordships' interest, and the interest of a saint in heaven, who hath left me two pledges here on earth, I should never take the pains to keep up this ruinous cottage of mine. It is laden with such infirmities that in truth I have no great pleasure to carry it longer about with me, nor could I leave it ever in a better time than this, when I hope the better part of the world would perhaps think by this my misfortune I had given a testimony of my integrity to God, my King, and country. And, I thank God, I account not the afflictions of this life comparable to the glory which is to be revealed in the world to come. Here I had something more to say, but my voice and my spirits fail me; only I do in all humility and submission cast myself before your Lordships' feet. Let me be a Pharez to keep you from shipwreck, and do not put such rocks in your own way, which no prudence nor circumspection can eschew or satisfy but by utter ruin. And whether judgment in my case—I wish it were not the case of you all—be to life or death, it shall be righteous in mine eyes, and received with a Te Deum laudamus. Now, In Te Domine confido, ne confundar in eternum. [The above speech is printed at much greater length in Rushworth, "Trial of Strafford," pp. 633-660; but the version given above differs so widely from Rushworth, and contains so much new matter, it has been thought right to give it here in extenso. See also for quotations from the speech, Forster's "Life of Strafford" p. 394, &c. Endorsed by Nicholas: "The Earl of Strafford's speech and repeating of his defence to the charge against him, the last day of his trial in Parliament." 62/3 pp.]
April 13.
Covent Garden.
29. Sir William Uvedale, Treasurer-at-Wars, to Matthew Bradley. Colonel Vavasour has procured a warrant from the Lord General for the rest of his waggon money. It must come out of the King's money, yet you must so carry the matter that he may think it must come out of the Parliament money, to prevent importunity of others. As for Doctor Denton, I wonder how he should come to this knowledge as much as you do; but in his letter he says he has it from the Secretary. I am sure neither he nor anybody else has heard it from me, for I have denied it both to the General and the King. But whatever he supposes I think he will get no warrant, he has so neglected the service. The Lord General at his going off has given many warrants for rewards: to the Advocate of the Army 100l. to Doctor [Thos.] Cademan 100l. and 60l. for a waggon, and divers others, as 50l. apiece to Mr. Scowen and yourself. I desire your opinion of these payments; my advice goes to spare the King's money as much as I can, and therefore I would pay none out of that stock but the waggon money and your 50l., and let the rest go out of the Parliament money. Doctor Cademan desires to receive 100l. of this money here, and that his son may receive the 60l. for his waggon there; and if you will put it into this way he will give you 5l. for your despatch. The warrants must be sent down for his son's hand, and the 100l. I shall pay here on a return from you, though my stock of money is now low, and I desire no more moneys be returned upon me till you hear from me. Davenant is paid his 40l., Colonel Goring is paid here only for this last month's pay, from December 8 to January 5, as Colonel of the first Bragado [brigade] and Colonel and Captain of a regiment. You have a remainder of 2,000l. in your hands of the Parliament moneys that came last to you now; and of the former 4,000l. I desire to know whether you mean this 4,000l. to be Parliament money or the King's; it lights so right upon the sum that it makes me doubtful. Touching Lord Barrymore's business I cannot possibly by this post return you any answer, for the Lord [General] being at Sion, and Mr. Scowen not going thither at this time, has put by all my means to present it. Perhaps my Lord [General] may be courteous now at his going off, the Earl of Holland being declared our General, but his commission is not yet under seal. Captain Crofts and Captain Porter are left out of Sir Jacob Ashley's warrant; but look whether the new captains be not put in, for if they be there will be a double payment, for their pay is to begin from the 5th of January. Our new General talks of coming down as soon as we can get money, which we are fairly promised from the City, and therefore it cannot be long before we meet. [4 pp.]
April 13. 30. Certificate by William Gwynn, Auditor, of the fines and customs of the tenants of the manors of Crowland, Holbeach, Whaplode, and Epworth, in co. Lincoln, for the past seven years. Total, 605l. 3s. 6d. The copyhold tenants of the manors of Spalding and Moulton, co. Lincoln, pretend to have their fines certain. The fines of the copyholds in Barrow and Goxhill manors the tenants were wont to keep in their hands towards the repair of their banks against the Humber; but there is a stay of admittances by warrant from her Majesty's Council within those manors, as I am informed, and also of Barton manor. [¾ p.]
April 13. 31. Certificate by Justinian Povey, Auditor, of the arrears of all the Greenwax due and unpaid to her Majesty in the 9, 10, and 11 years of the reign of Charles I, in the following counties: Lincoln, Norfolk, Oxford, Berks, Notts, Derby, Beds, Bucks, Suffolk, Cambridge, and Huntingdon, Surrey, Middlesex, Herts, York, Wilts, Hants, Hereford, Gloucester, and Warwick. Total 13,982l. 17s. 11d. Underwritten,
31. i. These arrearages are granted unto Mr. Arpe, Provider of her Majesty's Robes.
31. ii. This certificate is made by warrant from the Queen's Commissioners, dated March 29, 1641. Examined by Justinian Povey, Auditor, April 13, 1641. [12 pp.]
April 14. 32. Certificate of Richard Harison and William Barker, two of the Commissioners for assessing and taxing the two first subsidies of the four entire subsidies granted to the King by the present Parliament. That Sir Francis Windebank is assessed and taxed towards the payment of the first two subsidies in the parish of Clewer, in Ripplesmere hundred, in the Forest division of co. Berks, and the assessment has been paid. [2/3 p.]
April 14. 33. Bill of Thos. Dennis for haberdashery, amounting to 1l. 5s., besides which, for making the suit, 6s. [= ½ p.]
April 15. 34. Petition of Henry Earl of Danby to the Lords Commissioners of her Majesty's revenue. Petitioner is tenant to her Majesty of Blandesby Park, in the honour of Pickering, co. York, part of her Majesty's jointure, in the last demise whereof are about seven years yet unexpired. He prays a new lease of the park and appurtenances to him or his assigns for such term of years or lives, and on such reasonable conditions, as to your Honours shall seem meet. Underwritten,
34. i. Mem. by Nathaniel Tomkyns that Robert Long, her Majesty's Surveyor General, is desired by the Board to certify the value of the premises. Denmark House, 15 April 1641. [2/3 p.]
April 15. 35. Account by Richard Hollings of the Recusants' Revenues for the South, from Michaelmas, 1639, to Michaelmas, 1640. Total, 4,680l. 17s. 3½d., whereof is issued 4,131l. 18s. 8½d.; in hand, 548l. 18s. 7d. Also statement of what is to be paid into the Exchequer to clear the aforesaid account. [12/3 pp.]
[April 15.] 36. Questions submitted [in the House of Lords] concerning the Earl of Strafford's trial. 1. So many of your Lordships as are of opinion that the going by way of Bill in the discussing of the matter of fact in this whole cause that the rule shall be the persuasion of every man's conscience, say Content; so many as [are] not of this opinion, say Not content. Voted upon the question, Content. 2. Whether the Earl of Strafford did give warrant for the sessing of soldiers in Ireland upon men's lands, and that the same was executed accordingly. Voted upon the question, He did. 3. That the soldiers were sessed for disobeying the Earl of Strafford's orders in causes grounded upon paper petitions between party and party and against their consents. Voted upon the question, It was so. 4. Soldiers sessed with arms in a warlike manner. Voted, It was so. 5. Sessing of soldiers with arms, and an officer to conduct them. Voted, It was so. [Probably April 15, 1641; see Lords' Journal, IV. pp. 217, 218. 1 p.]
April 16/26.
Paris.
37. Sir Francis Windebank to [the King]. I have received a signification of your Majesty's pleasure to declare, upon my allegiance to your Majesty, whether, in a debate in Council at a Committee about a defensive and offensive war with the Scots, I remember that the Lord Lieutenant of Ireland did say, that having tried the affections of your people, you were absolved from all rules of government, and were to do everything that power would admit, since your subjects had denied to supply you; and that in so doing you should be acquitted both of God and man; and that your Majesty had an army in Ireland which you might employ to reduce this kingdom to obedience. To which, upon my allegiance to your Majesty, I do most humbly make this clear and true answer, that having been no indiligent observer, which your Majesty may well remember, of what passed in debate from time to time in Council at the Committee about a defensive and offensive war with the Scots, I do not remember that my Lord Lieutenant of Ireland did say the words above mentioned, or any other to that purpose; being confident that in a business so remarkable and of so great moment I could not but have remembered them if they had been spoken. And further I do as clearly testify that until the charge lately laid upon the Lord Lieutenant of Ireland, I do not remember that ever I so much as heard the least speech that the army in Ireland was to be employed to reduce the kingdom of England to obedience; and either I misunderstood the sense of the Committee from time to time, or else the consultations of the Committee concerning the disposing and employing of the Irish army did ever bend wholly another way. [2 pp.]
[April 16 ?] 38. Note of fees due to the officers in the Upper House of Parliament for the Bill that has passed that House for the confirmation of the Queen's jointure. Total, 19l. 3s. 4d. [Endorsed by Sir John Lambe: "Queen's Bill due to the clerks of the Parliament." ½ p.]
[April 16 ?] 39. Petition of the Master and Wardens of the Bricklayers' Company to the House of Commons. After reciting the ordinances of 17 Edward IV. and 10 Elizabeth for regulating the making of bricks and tiles, they pray for an assize of brick and tile according to those ordinances, that the Master and Wardens or their deputies may search for any defaults and offences, and finding any may make entry thereof in some court of their company within a month: that everyone offending in making or selling brick, tile, lime, or sand shall forfeit for every 1,000 bricks or plain tiles, 3s. 4d.; for 100 roof, gutter, or corner tiles, 6d.; for every load of sand, 3d.; and for every 100 of lime, 12d.: that for their great pains in searching they may have for bricks, &c. put to sale in London or within 15 miles, for every 1,000 bricks, ½d.; for 1,000 plain tiles, 1d.; for 100 roof corner, or gutter tiles, ½d.; for every load of sand, ¼d.; and every 100 of lime, ½d.: and in every action or distress for debt, one moiety of the fines to go to them, the other to the King. [Printed. 1 p.]
April 16/26.
Paris.
40. Robert Read to [Thomas Windebank]. I am still of opinion that the Act of Council was left in the trunk of secret papers or in my uncle's black box; for those other Scottish papers which were above in my study at Whitehall were but ordinary things. However I am sure Mr. Treasurer [Vane] had a copy of it sent him into the North, for I transcribed it. I am very glad to hear my Lord of Strafford is like to speed so well, and so I hope is every good Christian; for I cannot believe that any man professing Christianity can desire the death of an innocent person, since we know that He by whom we are Christians desires not the death of a sinner. I thank you for your favourable remembrance of me in my own particular: I desire not the prejudice of any person, but if they must be prejudiced and others advantaged by it, I know no reason why I should not pretend as well as another. A living must be had one way or other. [1 p.]
April 17/27.
The Hague.
41. Sir William Boswell to the King. By command of the Queen [of Bohemia], your sister, having had divers conferences with the Portugal Ambassador here, Don Tristran de Mendoza Furtado, in pursuit of frequent professions he had made of his disposition and power to do her Majesty and the Palatine family good service, I waited on her Majesty at a private audience she gave him: when he put a proposition into her Majesty's hand, which she transmits in her own letters to your Majesty; accompanying it with verbal explanation of divers points arising from it. Of which I have given this brief account with so much the better confidence, because I observe it proceeds in a most respectful manner from a handsome hand; tends to a good end; is like to prove of excellent effect in the Prince Elector's behalf; tacitly to open a way of obliging the Portuguese to your Majesty; no way to engage you to any rupture with Spain and the House of Austria; but is apparently feasible in itself; and possible without any very great cost or inconvenience to your Majesty. All which I do most humbly submit unto your majesty's royal goodness and wisdom, only adding that the Ambassador,—having oft implied to her Majesty and myself how much his master, the new King, and himself desired your friendship above all others,—bewrayed withal that he would enlarge himself very far to gain the same when he should understand your Majesty's gracious pleasure and acceptation hereof. [3 pp.]
April 17/27.
The Hague.
42. Elizabeth Queen of Bohemia to the same. By what I write now to my son, and what Sir Wm. Boswell writes to you, you will see what has passed betwixt the Portugal Ambassador and me. I enclose his proposition, of which I humbly beseech you let me receive your pleasure; and if you like it, I beseech you commission Sir William Boswell to treat with him about it. I chose rather to send him to the Ambassador than one of my own, because his being your servant did carry the greater countenance and make the Ambassador the more free with him, though he went in my name. I like these propositions the better because they will put you to less charges than any other way. The Ambassador beseeches you none as yet may know it but yourself; I only acquaint Sir Henry Vane with it. I beseech you to do in this as you think will be best for my son, for next to God I do rely upon you. The Ambassador says you need not break with Spain for this time, all may be done in your nephew's name; neither can I think it will hurt the treaty at Ratisbon, but rather make it better, when they shall see my son in posture to hurt them. [2 pp.]
April 17/27.
The Hague.
43. The same to Sec. Vane. To the same effect as the above concerning the Portuguese Ambassador's proposition. I forgot in my letter to the King to beseech him if he like the project to write to the Prince of Orange an effectual letter to give all the assistance he can about it to the States, and that Sir William Boswell may deliver it. If it be written with his own hand it will be the better. [Two seals with arms and coronet. 1 p.]
April 17. 44. Order of the House of Lords for quieting his Majesty's possessions in the fens, co. Lincoln. Endorsed: "Copy of the order of the Lords of Parliament concerning our possessions in the West fen." [Printed in the Lords' Journal, IV. p. 220. ¾ p.]
April 17. 45. Commission from Henry Earl of Holland, "Captain General of his Majesty's army imployed in this present expedition," to Thomas Salter. Appointing him ensign of the foot company, whereof Lieutenant-Colonel Henry Waites is Captain, in Colonel Henry Wentworth's regiment. [Paper seal, with arms, coronet, and supporters. Strip of parchment.]
April 17.
Rothwell.
46. [Sir John Lambe] to William Viscount Say and Sele. I should not presume to be thus troublesome to your Honour but in case of necessity, nor then but in a just cause. Upon extremity of my sickness both of body and mind the Lords were pleased to give me leave to repair into the country for recovery of my health, as in the inclosed, till the 5th of May next: yet on Monday the 12th of April, when I was gone, Dr. [Walter] Walker moved and got the 1,250l. formerly allowed for his damages by the Lords Committees confirmed or voted to him in the House [of Lords] [see Journals, IV. p. 214] in my absence and without any warning given me. This I will hope was not the meaning of the Lords, to give me leave to be absent and to do me so great a prejudice the whiles, if they had remembered the order. That my cause is just it is thus: 10 or 11 years since Walker got a patent of my commissaryship of Leicester over my head, supposing an error in my grant; he sued at law, and I had orders in Chancery to continue my possession. He got a judgment by a mistake in the special verdict, and I brought a writ of error which yet depends; so in 1632 the suits rested. He became Commissary of Bedford and I continued my place at Leicester, till now by order of the Lords I have left it. Five years after, 1637, he surrendered up his patent to me, and released all suits, judgments, damages, and demands whatsoever; and this freely of himself sealed and delivered ere he came at me, and ere I knew it. But that which he urged to the Lords Committees, and they then apprehended was, that I got the King to stay the proceedings of the law till the Star Chamber suits were ended, whereby he had great loss in his charges: all which cannot help him to a penny, for were his patent and right to the office never so good, as indeed it was not, yet he might surrender it; and if he had ten times as great damages he might release them, and he did so five years after. It may be said I did ill in getting the King to stay the course of justice; be it so; and that I may be punished, but not to him; he hath released all, and I have now lost the office, which is some punishment. My good Lord, I hold you just, that love right, which makes me fly to you. I can claim no favour, for I think your Lordship never heard of me, other than ill, till this Parliament, and now by many clamours, though untrue. But if I were as bad, and worse, yet I ought to have right, which I humbly beseech your Honour for God's sake, for your own sake, and for justice sake be a means in what you can to help me to. P.S.—In hope of good recovery. [Draft written on the cover of a letter addressed to Sir John Lambe, with a seal and device. 1 p.]
[April 17.] 47. Notes in Sir John Lambe's handwriting of the answer returned to Dr. Walker's petition; containing the information embodied in the above letter. Bishop Williams of Lincoln about 1630 granted to his man Walker a patent of my office of Commissary of Leicester, which I had held during two bishops' times before his and for ten years in his time, and was confirmed in by the Dean and Chapter. Hereupon grew long suits, the particulars of which are here given. [1 p.]
April 19.
Whitehall.
48. Queen Henrietta Maria to Sir Richard Wynne, her Treasurer and Receiver General. Warrant to pay to Robert Long, her Majesty's Surveyor General, such moneys as the Commissioners for her Majesty's revenue shall from time to time order to be expended for disafforesting and improving the forests of Pickering and Knaresborough and Blandsby Park, co. York. The whole benefit to be made by the disafforestation and improvement of those lands the King having bestowed on her Majesty by his letters of the 18th March last. [Signed but not sealed. 1 p.]
[April 19.] 49. Petition of Leonard Pinckney, Commissary General of Victuals for his Majesty's army in the North, to Algernon Earl of Northumberland, Lord Admiral of England. Petitioner obtained a Privy Seal for the putting to sale of all the provisions in his Majesty's magazines at York and Kingston-on-Hull for his Majesty's best advantage, which he has accordingly done and sold to Thomas Radbeard and others with condition of transportation to be granted them from you, without which they could not possibly have been sold. So the undermentioned provisions being sold by order of the office of the Navy, Mincing Lane, the 13th of April, and speedily to be delivered to the contractors according to the articles of agreement, viz., 500 hogsheads of beef, 800 weigh of cheese, 150 barrels of oatmeal, five hundred thousand weight of biscuit, 30 barrels of peas, petitioner craves that speedy transportation may be granted to the contractors, and for which he has given security for the performance of covenants accordingly. [1 p.]
[April 19.] 50. Another copy of the same, but addressed to the Council. [1 p.]
April 19. 51. Petition of the same. Petitioner, for same reason as above, has sold to William Harris, John Swaile, and Mr. Wilson of London, cheesemongers, 1,200 firkins of butter at 12d. in each firkin advantage, with condition of transportation to be obtained from you, and without which they could not possibly have been sold, being much wasted and decayed; which butter is to be delivered according to agreement. Petitioner prays that licence for transportation may accordingly be granted to the persons above named. Underwritten,
51. i. Note by the Earl of Northumberland, as Lord High Admiral: For the reasons contained in these two petitions, I conceive it necessary that letters of transportation be forthwith granted to the parties therein mentioned, according to the contract made with them by virtue of his Majesty's Privy Seal for the speedy sale of the said provisions, the buyers thereof having for that cause given a greater rate for the same than otherwise they would, and for performance of covenants given good security. Sion, 19th of April, 1641. [1 p.]
April 19. 52. Another copy of the same, but addressed to the Council. [1 p.]
April 19.
Oxford.
53. Humphrey Hawkins to Richard Harvey. I understand by you that my answer is expected that Mr. La Mence may consummate the business. As in this, so in all things, I shall ever refer myself to be ordered by my most noble friend, Mr. Porter, and whatsoever he shall direct Mr. La Mence to do I shall most humbly subscribe to it. I am newly crawled from the brink of the grave. [Seal with device. 2/3 p.]
April 19. 54. Certificate by Sir Edmund Sawyer of the amount of fines, taken on the average of the past seven years, paid to the Queen in the undermentioned manors: made by warrant from Sir John Lambe and others, her Majesty's Commissioners, dated March 1, 1640[-1]. Surrey:—Manor of Chertsey, 117s. 7½d.; Egham, 25l. 10s. 3½d.; Richmond, 98l. 5s. 4d.; co. Bedford:—Manor of Millbrook, 45s. 9d.; Ampthill, 23s. 2½d.; Steppingley, 9s. 6¼d. [Endorsed: "Sir Edmund Sawyer's certificate of the arbitrable fines of copyholders." ¾ p.]
April 19.
London.
55. Letters patent of Sir John Borough, Garter King-at-Arms, confirming to Sir Edward Littleton, created Baron Littleton of Munslow, the coat of arms sketched at the head of this paper in pencil, to be used by him, with supporters as appropriate to his rank. [Latin. 3 pp.]
April 20.
Whitehall.
56. Sir John Wintour, Secretary and Master of Requests to the Queen, to Sir Thomas Hatton, Sir Charles Harbord, and Robert Long. It is her Majesty's pleasure that with all expedition you prosecute her service in ascertaining the arbitrary fines of copyholders within the manors in jointure to her Majesty, attending Lord Treasurer [Juxon], Lord Cottington, and Lord Barrett therein according as there shall be occasion for such warrants, directions, or commissions to be issued out by them for the accomplishment of that service as you shall judge fit; and after such obtained that you put the same forthwith in execution. P.S.—I hold it very necessary for her Majesty's service that while the commissions are drawing you prepare surveys or any other things necessary for the despatch of this business. [Endorsed by Robert Long: "Received from Mr. Sec. Wintour about compounding for the arbitrable fines of copyholders: directed to Sir Charles Harbord, Sir Thomas Hatton, and myself." 1 p.]
April 20. 57. Information concerning John Denison, a minister. He did assist one who lately was apprentice to Mr. Anthony Biddulph, of this city, merchant, in robbing his said master of 500l., whereof Denison had for his part 215l., which himself confessed before several witnesses upon his examination; and being apprehended, and brought before Justice Shephard and examined, he there produced a protection which Lord Lovelace had given him; yet the Justice, considering the heinousness of his crime, did then commit him to prison, his warrant importing that he was found accessory to the robbing of Mr. Biddulph. But the next day the Justice, having been sent to by Lord Lovelace, discharged Denison and set him at liberty, and being demanded the reason, said he durst not keep one in prison who was protected by a Baron in time of Parliament. Afterwards Lord Lovelace, being expostulated with by a member of the House of Commons, and the wickedness of Denison in this and many other notorious crimes being represented to him, he answered that he had protected him and would maintain his protection. Denison forthwith, after he got at liberty, fled beyond sea; also it is conceived that he was not chaplain to the said lord, as is intimated in the protection. These things happened about the 18th or 20th of April last, 1641. Sufficient proof of these particulars will be made if you send to the Saracen's Head, by the Great Conduit in the lower end of Cheapside, to Thomas Whitley. [1 p.]
April 20.
Covent Garden.
58. Sir William Uvedale, Treasurer-at-Wars, to Matthew Bradley. I like your advice that the new warrants of rewards may lie by until we come to make up the accounts, and then we may place them upon either the King or Parliament as we shall see cause. The last 36,000l., though you call it out of the Exchequer, is Parliament money, and I have sent you a note of it as perfect as time would give me leave to make it. I perceive the 6,000l. in your hands is the most part of it the King's money, only 2,000l. the Parliament's. I do not doubt but you are much importuned to lend the officers money, which I know you will be as sparing as may be to do. We are passing another Bill of subsidies, and as soon as that is done, and the Earl of Strafford's business finished, we shall have more moneys; until then you must look for none. For your warrant of Lord Barrymore's, Mr. Scowen has promised me it shall be done. By this post you cannot have it, but by the next if it be to be done. Meantime take a good course to make a stoppage of it, by Sir Jacob Ashley, to whom the Earl of Holland has sent his warrant to continue issuing the moneys. I am commanded by the King to certify him what day the Earl of Ettrick, Governor of Edinburgh Castle, entered into pay with you there, and what day his pay ended, whereof, I pray, fail me not by the next return. I am also desired by a very dear friend of mine, Sir Edmund Verney, to return hither from his son, Captain Verney, 40l., which if you will receive there from him I will pay it here, and put it on the next account. My Lord of Holland talks of coming down to the army very suddenly, and hopes to get credit there to clothe the soldiers by the means of Sir Arthur Ingram. I shall not come with him unless we can get here at least two months' pay, and if that may be had, then you may look for me. The young Prince of Orange is received this day at Court, and we are all commanded to attend there. P.S.—One Capt. Herbert hath brought a letter from you; I think I shall lend him upon it one month's pay. He is of Sir John Merrick's regiment. I have written also to Leech to deliver you the 30l. he hath defalked from Sergeant-Major Brockett and the 20l. from Captain Cary. [Dated 23 April 1640, but endorsed by Bradley 20 Apr. 1641, which appears to be correct. [3 pp.] Enclosed,
58. i. Note of the 36,000l. received by him of the Parliament money, being part of the 50,000l for payment of the army, and the way in which it has been disposed of. [1 p.]
April 21.
Salisbury Close.
59. Richard Green to Nicholas. I have been this day at Wherwell and received your rents for Wherwell, Bullington, and Tufton. Farmer Poore met me there, but would give but 29l. per annum for Westover; yet after much debate he was contented to give the full rent for this year, if yourself and Mr. Ashburnham shall not ease him, and for after years he will defer till he has spoken with you. For Fullerton I hear not from Mr. Milles, neither have I any other chapman for it as yet. There will be occasion of your directions in divers things, principally for preservation of your wood, which is so miserably destroyed with the conies that it grieves me to see. Mr. Thornborough kills abundance, and now, being a special time, follows it very hard; but I am persuaded, unless Lady de la Warr direct some other course in her woods also, it is not possible to preserve your wood in any measure, or to make the wood or land adjoining of any considerable profit, whereof your tenant Mr. Thornborough is very sensible. The fishing I let for 3l., but the tenants complain they cannot enjoy it according to the lease, but some interrupt and some fish with them, pretending titles. They were all well yesterday at Sarum. Dorso by Nicholas,
59. i. Memorand. that this 3rd of May 1641 there was 6d. tendered by Mr. E[dward] N[icholas], Clerk of the Council, assignee of the within-named Mr. John Ash[burnham], to the use of Richard Sherp, according to an especial proviso contained in the lease, whereby the said lease is become totally void. [Seal with crest. 1 p.]
April 21. 60. Speech of Lord Digby in the House of Commons to the Bill of attainder of the Earl of Strafford. [Printed in Rushworth V. 225. Printed pamphlet. 12 pp.]
April 21. 61. Certificate of Peter Heywood, J.P. for Westminster, to the Council. That Thos. Maning, of Wadham College, Oxford, gent., has voluntarily taken the Oath of Allegiance before him this day. [½ p.]
April 22. 62. Nathaniel Tomkyns to [Sir John Lambe]. I am very glad you find your health so well amended by the fresh air of the country. I will begin with her Majesty's affairs, because you will desire to understand what passed at the meeting of the Queen's Council last Thursday, where there was a greater appearance than I expected, six or seven commissioners, divers auditors and receivers, who passed such accounts as were undeclared at the former meetings. There was besides a long debate concerning the ascertaining of the copyhold fines in all the manors of her Majesty's jointure, at the first proposal whereof you were present: the determination was that warrants should first be obtained from both their Majesties, and then such commissions as should be requisite should be sued forth of the Exchequer and Court of Duchy to divers commissioners, with whose names I think it not pertinent to trouble you, one of their Majesties' surveyors being always one. Another order was made that the commission for surveying the bailiwick of St. James-in-the-Fields should be renewed, which if it require haste I shall send you next Thursday for the Great Seal with wax fit to seal it; but otherwise I shall let it rest till your return. I presented to them the bill of fees delivered me by the Clerk of the Parliament for passing the Queen's jointure in the Higher House [see April 16, No. 38], and Sir Thomas Hatton, for whom I got also an order from them concerning the improvement at Somersham, spake in their behalf, as he promised me he would; and the Board were inclined to sign it until Mr. Attorney gave a delay therein by saying that when it passed at the last convention the King and Queen both told him the Clerk should not have any fee for the Queen's business; but that they should in the end have a gratuity for their pains. I took the boldness to plead earnestly herein in regard when we took forth your order for leave I faithfully promised them to get the bill signed; but all I could say was in vain: since when they have much reproached me, and are very clamorous against all the Queen's Council, and will certainly do any of them a mischief if it lie in their power. Yesterday afternoon both Houses sat, and after much debate, and twice dividing, the House of Commons, though the opposers were far the less number, the Bill against the Earl of Strafford was sent up to the Lords, who sat on purpose, for it was six o'clock at night before it was presented; and myself going in with the throng observed that some of the Earl's friends in that House looked sadly on it. They have appointed Saturday, Easter Eve, to hear the lawyers of the Commons' House prove those several heads to be treason wherewith he is charged. Those who are most his friends begin to doubt the worst, and that his Majesty will be put to a very great strait, and in a manner necessitated to do that in the Earl's case which is so much against his heart. I have lost two or three days in attending the Parliament touching a business of great moment much concerning a near friend of mine. I purpose to enter your order of the Commons' House for the discharge of your contempt, and will again confer with the Sergeant and pay his man, if Sir Henry Anderson and other friends so advise, who I am sure will take such care of you that you need not think of returning until the time required by the Lords' order, the general business of both Houses being not yet ended. Yesternight, so soon as yours of the 17th inst. came to my hands, I took the enclosed [see April 17, No. 46], to my Lord Say's house, adjoining Brook House, near us in Holborn; and understanding his Lordship had come not well from the Parliament, and gone to bed at 3 o'clock [in the] afternoon, I left it with a nephew of my wife's, Mr. James Kyrle, who waits on his Lordship in his chamber, and has undertaken to deliver it and give me an account thereof. [2 pp.]
April 22 and 23. 63. Memorandum by Alexander Rigby, that at my departure from London I delivered to Mr. Prynne, upon the 22nd and 23rd days of April, 1641, seven-and-thirty several parcels of writings, figured with so many figures, which he is to redeliver to me at my return, that I may keep them for the right owners. These writings concerned the proceedings against Mr. Bastwick, Mr. Burton, and Mr. Prynne. [1 p.]
April 23./May 3.
Paris.
64. Sir Francis Windebank to [his son, Thomas Windebank]. Your letters of April 15 are very welcome to me, both for themselves and the comfort they bring of your mother's and your health. But I am not a little troubled to find you had received none of mine that week. The letters that should have come to you were of the 9/19 April, and were sent hence under my Lord Ambassador's [Robert Earl of Leicester] cover directed to Mr. Sec. Vane, which I have hitherto found the surest way. How they are come to miscarry now I do not understand, presuming that Witherings, though he want no malice to betray anything that may fall into his hands concerning me, yet dares not intercept any packet addressed to Mr. Treasurer, as this was. Time may perhaps clear this business, though your mother's and your trouble set aside in not having heard from me, which I consider by mine own upon the like occasion, I do not care into what hands my letters may have fallen. I remember well I then sent you a letter for the Queen in acknowledgment of the gracious remembrance her Majesty vouchsafed me by Mr. Mountague, which was all of moment to you from me at that time. I think likewise there was a letter of attorney then sent you to enable you to receive my rents and any moneys else due to me. Last week I sent by the same way a letter to his Majesty [see April 16, No. 37], with a duplicate of it to you, concerning the business wherein you had signified his Majesty's pleasure to me. I hope if that have fallen into other hands they will not dare to keep back that which was directed to his Majesty, whatsoever became of the rest. Since my last, Robin has been very ill and let blood, but I thank God is somewhat better. His servant Pharamond has been likewise in some indisposition, and upon opening a vein has found much ease. Myself am hitherto the most valiant, though I have the greatest cause of distemper. I am in my new lodging, but nothing pleased with it, nor do I think to stay in it beyond the month for which I hired it. PS.—I have written to Mr. Treasurer concerning the board wages. I would have solicited my Lord Steward for these moneys, but that I consider the great weight of business that lies upon him, and I rather wish you to make your addresses to my Lady of Arundell, and humbly desire her ladyship to mediate for me to my Lord, with my most humble remembrance to them both. [2 pp.]
April 23./May 3.
Paris.
65. Robert Read to [the same]. I infinitely wonder how our letters of the 9/19th should miscarry, since they were sent by the same way that has been hitherto so sure. But the world grows every day worse and worse, and is so full of deceit and malice that I think there will be no living shortly for an honest man in it. Perhaps Witherings has met with it again; if he have, my comfort is that no better fortune will befal him in that than usually does to harkeners who never hear good of themselves: yet methinks, since the House of Parliament were more noble than to countenance him in his last unworthiness of that kind, he should not have much courage to do it again. Since last week I have been much indisposed with an ague or fever or both, but I thank God I am upon recovery. I purpose to send you another letter of attorney, though I am in hope that the former, together with the letters, may yet be come to your hands. If last week's letters should have been likewise miscarried, somebody must be called to account for it, for you know what business of consequence it contained. P.S.—The letters could not fall into any other hands than Mr. Treasurer's or Witherings', and therefore must be demanded of one of them. [1 p.]
April 23./May 3.
Paris.
66. The same to [the same]. Has found another way of sending letters, which he advises his cousin also to use. They do not like their new lodging, and have been to see another, where they will probably settle till they know what will become of them in England. I am very much beholding to Dr. Davison, who has been very diligent with me in my sickness, and is otherwise very useful to us. [1 p.]
April 23. 67. Memorandum by Nicholas. The King this 23rd of April, 1641, commanded me to leave this warrant to be dated when Mr. Henry Percy should give notice. [2 lines.]
April 24.
Covent Garden.
68. Sir William Uvedale, Treasurer-at-Wars, to Matthew Bradley. In answer to yours of April 23, I would only advise you to write a civil letter to Mr. Scowen, touching your own warrant, for I find the Earl of Holland purposes to use his own secretary, Mr. Lucas, in this service, and that Mr. Scowen's employment will cease; and I would wish a fair going off betwixt you. You have put the last moneys sent down, I mean the 36,000l. and the moneys returned, upon a just account, and I purpose before the next return to compare them with my books here. For money the case stands thus—but this I recommend to yourself only—the Parliament is taking care for it, but I believe there will be none had till the Earl of Strafford's business is despatched, which now depends in the Lords' House, we having passed a Bill of attainder against him. Lord Barrymore's warrant I have sent you, signed by my Lord of Northumberland. I have acquainted Sir Nicholas Selwin he must expect no money here, but he tells me he is to go down to the army, and then he will make his reckonings even; and for the former reckonings betwixt him and Leech and you, I shall presently settle a course in it that you may have your acquittances up again. As for Doctor Cademan's business and Captain Verney's, when their warrants come, and the Captain's money is paid, it shall be ordered as you think good. I am glad the soldier is so well pleased with the hope of clothing; I hope it will be done, and that that hope will stay them together, for I do not see that things go so here but that we may have use for them. The news of Leslie's fortifying Darlington, and bringing his ordnance thither unto the side of the Tees, I like not, I confess. It behoves us to stand upon our guard, which God send your commanders careful of. Let me hear by the next how Leslie goes forward with this purpose. [2 pp.]
April 24.
Whitehall.
69. The King to Francis Lord Cottington. Warrant to be absent from Parliament on account of ill health, provided he give his proxy to some one who may for him and in his name give his voice and consent to the matters to be treated and concluded in the Parliament. Given under the sign manual at Whitehall. [Dorso: "Proxy to the Lord Goring, 27th April, 1641." 1 p.]
April 24. 70. Note of payments made by writs of Privy Seal and other warrants during Michaelmas term, 1640. Total, 68,361l. 19s.; balance remaining in hand under date, 858l. 4s. 4d. [2½ pp.]
April 25.
London House.
71. Warrant of Lord Treasurer Juxon. By virtue of an order of the Board of the 22nd inst. I hereby require you to suffer William Harris, John Swale, and William Wilson of this city, cheesemongers, to transport beyond seas 1,200 firkins of butter without molestation. [Copy. ½ p.]
April 26./May 6.
Paris.
72. Sec. Windebank to his son, Thomas Windebank. My Lord Ambassador [the Earl of Leicester's] sudden repair into England, and this gentleman, Mr. Alesbury's, friendly offer to see you and to do me courtesies there, hath brought you these. You must not fail to attend my Lord of Leicester as soon as you may, and to acknowledge his great favours to me. You shall do well likewise to be an humble suitor to the Queen in my name, that she will be pleased to take notice to my Lord of the fair and noble treatment I have received from him for her Majesty's sake and upon her recommendation, and this you may do at some time when my Lord may be present, and be sure it may not be forgotten. If you can be of any use to Mr. Alesbury I pray you be ready to serve him, and let him know you will be so in acknowledgment of his love to me. P.S.—Robin has been in some distemper again, and has been let blood the second time; but is not otherwise very ill, though not well. [Seal with arms and crest. 1 p.]
April 26.
The Anne Percy in the Downs.
73. Capt. Robert Slingesby to [Algernon Earl of Northumberland, Lord Admiral]. This morning Capt. Wake came into the Downs, oringing with him a convoy from Dunkirk, amongst which Benjamin Bingley, in a barque of London, bound for London with goods for English merchants, straggled a little from him, and in the night a sloop of Calais came aboard of him, first discharging a volley of small shot into him, and then entered him, wounding and beating the men, stowed most of them; the master suddenly cut the halyards of his mainyard, whereby Capt. Wake had opportunity to man both his boats with musketeers, to send to her rescue before they could carry her away, in the meantime discharging some pieces of ordnance at them. The Frenchmen, perceiving that they could not carry her off, betook themselves to their own vessel, but before they went, one of them drew a cutlass, telling the master that since they could not have her, he should reap no good of her, and therewith thrust him through the body, that he fell down dead. The same vessel not many hours before attempted a pink (coming from Dunkirk to the Downs for convoy) at the south end of the Goodwin, but finding him hotter than he expected gave him over. These Calais sloops come daily and nightly into the Downs, and keep us in continual vigilance, lest they should take some out of the Road in the night. Their insolencies are so great, and so frequent, that if they continue a little longer in the conceit of impunity I think they will very shortly presume to rifle villages on the shore, since already they make no distinction between English laden with free goods and strangers with ammunition. [1½ pp.]
April 26.
Exeter.
74. Nathaniel Tomkyns [Prebendary of Worcester] to [Sir John Lambe]. Nothing has been done in the Queen's affairs since my last. Mr. Jermyn sent one day to me to know where you were, that he might [send] a lease sealed lately passed to Mrs. Howard. There is a difference at present betwixt the two Houses of Parliament, touching the Commons' desire, now that the Bill against the Earl of Strafford is presented up, to sit at the hearing of his counsel as co-judges with the Lords with their hats on, to which the Lords not assenting, the Commons are now content to sit as they did in Westminster Hall uncovered, if so be that the Lords will please to come as a Committee without their robes: to which the Lords, having not yet yielded, the controversy is not yet ended. Besides, Sir Henry Vane's deposition touching the Earl of Strafford is lost by the Clerk of the Higher House, who cannot give any account how it went out of his hands: and in a copy thereof since found great difference is found in the sense by the altering or rather by the adding of one letter "t," for whereas it was in the original that the Earl should say "His Majesty might by the Irish army reduce the Kingdom here," &c., it is "there" in this copy, and so refers to Ireland only. Another paper touching Sir Henry Vane also is lost by the Select Committee of the Lower House, it lying upon Mr. Pym's table when five others were present, viz., Lord Digby, Sir Walter Erle, Sir John Clotworthy, Mr. Hampden, and Mr. Maynard, which occasioned a variance and reproaching one another publicly, every one making their several protestations of being guiltless therein. The suspicion fell most on Lord Digby, who was last in the chamber, and had said to some of them that Mr. Pym should do well to have more care of his papers than to let them lie so loose, &c. The lord protested his own innocence, and said it must be some unworthy man who had his eye upon place and preferment, wherein he was supposed to allude to Mr. Pym himself, who has been with the King twice of late, and since the Lord Cottington laid his offices at the King's feet, is designed by the voice of the people to be his successor in the Chancellorship of the Exchequer. This is but as a subdivision of the Committee, but the whole House is not without division. After my Lord Digby had made his speech for the Earl of Strafford, the next day 10 of the precise party made speeches against several parts thereof. Mr. White did his lordship most service in helping to explain and excuse, &c., his lordship's chief plea being, that the House might do justly in transmitting him to the Lords, and yet it might be a kind of murder in him, being against his conscience, but he humbly submitted his opinion to the judgment of the House. This kept him from the bar; but he is not acquitted, but they let it hang over him, to keep him in awe. Sir Robert Hatton, for endeavouring to excuse him, by reason of his quality, they called to the bar likewise, saying every man sat there as a commoner, and should be dealt with as a commoner, &c. The heat continued such for a day or two, that a list was made of the 56 that sat as well-wishers to the Earl of Strafford, called Straffordians, and pasted upon posts at the Exchange and other places, and on the other side divers of the 204 that went out against him were named in a catalogue, Alderman Penington being one, and the title was "The Anabaptists, Jews, and Brownists of the House of Commons." I hear it whispered in the court that the King will not let the Earl go, and that the Parliament is not likely to be long-lived. The Earl of Holland is made General of our army, but a Commission is to govern it. Lord Savill is lord lieutenant of Yorkshire, and has a patent for custody of Sherift Hutton Park, which the Lord President [of the North] once had, but the Earl of Strafford had that during life, and the Parliament would take that government away. The Prince of Orange with his 400 gentlemen made a full court here. [Endorsed by Sir John Lambe. 3 pp.]
April 27. 75. Robert Earl of Warwick to Captain Sir John Pennington, Admiral of the Fleet, "in the Sound of Plymouth." Your love and respect to me upon all occasions has tied me in a very sure knot of friendship to you, and upon all occasions I shall rest most ready to serve you. I have sent you the Portuguese, and do desire you to call to Capt. Camoke at the Cowes as you go in for the other six,— three aboard him, and three aboard Capt. Beaumont. P.S.—I send you by your master a letter to Sir John Hippisley. [Seal with arms and coronet. 1 p.]
April 27./May 7.
Paris.
76. Robert Read to Thomas Windebank. I cannot omit to present my service to you by this gentleman, though my arm be in a scarf, for the second letting blood to quit myself of a feverish indisposition. My Lord Ambassador [the Earl of Leicester] has been spoken with very particularly about the letters that miscarried, and his secretary Mr. Batiere, and they both affirm they could fall into no hand but Mr. Treasurer's, having been enclosed in my Lord's own cover to him. My Lord Ambassador's departure hence is very sudden. I hope there is somewhat doing for him on that side to his advantage; he has used Mr. Secretary [Windebank] so well here, and I am confident he will be as good to us there if it lie in his way. If you have anything of consequence to write whilst my Lord Ambassador shall remain there, I doubt not but Mr. Aylesbury will obtain his Lordship's favour to put your letter under his own cover hither, which cannot but come very safe. This is all the trouble I shall give you till the next post, which I make account will be there before this, for I hear my Lord goes to the sea's side in his own coach, wherewith he can make no extraordinary expedition. [Seal with arms. 1 p.]
April 28.
Queen's College, Oxford.
77. John Nicholas to his father Edward Nicholas. Writes lest he should be reckoned in the number of oblivious sons. I am very much obliged to the Vice-Chancellor [Dr. Frewen] for his love to me; I have taken with him many meals this Lent. My tutor presents his service to you. [1 p.]
April 28.
Burdrop.
78. William Calley to Richard Harvey. Your letters of the 15th and 22nd inst. I have received both, intimating the black cloud that hangs over my Lord Cottington's head, which I pray God may pass away without any tempest. My prayers are the best service I can do him, and those he shall have. On Saturday, the 10th inst., between twelve and one at night, we lost eight pairs of new canvass sheets laid in the garden to be whited; but, whether overburdened or out of running, the thieves dropped three pairs in two several places openly to be seen, as if they had gone that way; which I cannot believe they did; neither do I think they were strangers altogether. All that I can dislike in the legacy rings, is that they [are valued at less than] 3l. apiece, which [it] was the will of my deceased dear father they should be worth. Therefore I pray at least let them be of the full value. [Seal with arms. 1 p.]
April 30.
York.
79. Sir John Conyers to Edward Viscount Conway. I am glad to hear you have not quitted your command; if it be not much to your advantage to leave it, I pray you may still hold it. I am still told of divers that are to succeed your Lordship, but yet hear of none I shall willingly obey. If some of them come I must retire, coûte que coûte. That the Parliament will provide pensions for any of our profession I cannot believe, we are too contrary to their humour; but that they say something to please us I may easily imagine. The Lord General writes, and most men say, he will be here shortly; but I believe it not, except he brings money and justice with him. If you give the Prince of Orange but [the title of] Highness you do no more than he has had long in Holland, for so soon as his father was possessed of it, the next work in that Court was to banish Excellency from this Prince also. [Seal with arms, broken. 1 p.]
April 30./May 10.
Calais.
80. Robert Read to [Thomas Windebank]. My last to you was of the 7th present, by Mr. Aylesbury, who went hence with my Lord Ambassador [the Earl of Leicester] on Wednesday last. His Lordship is gone by Dieppe, and purposes to make as much haste as he can with his own coach, yet I believe this will come to your hands before his Lordship's arrival at Court. I am glad ours of the 19th came at last to you. It is a mere device to say they were sent an extraordinary way, for they were put up here in the packet that went by the ordinary, and how they could then come by an extraordinary I do not understand; but I guess at the reason why they were detained so long from you. I believe it is likewise a mere device that my Lord Ambassador's Secretary should complain of swelling his packets; for my Lord oftentimes demanded here, whether we had no other packets to send, and has seemed troubled when we made use of any other way. But it is easily judged by this that Mr. Treasurer [Vane] is weary of doing that favour for us, and so we must trouble him no more. I am very glad my Lord Chamberlain uses you so well as to give you the use of our lodgings; it is no ill sign, I hope, of the success of our unfortunate business. I wish an end were put to my Lord Lieutenant's business, for the sooner that is finished, the sooner will ours come into agitation. On Saturday next we are to remove to another lodging, which is more open and wholesome than any we have been in hitherto. My uncle is loth to stir out of town till we hear more from your parts. Lord Cottington does very wisely in what you mention; I wish somebody else could have done so too. Since I began this I have spoken with Mr. Battiere, and he tells me that about three weeks since he wrote to Mr. Weckherlin not to trouble my Lord's packet with letters to merchants and other people here in Paris, which my Lord knew not, Mr. Weckherlin having of late sent many such letters under his Lordship's cover. But for ours my Lord was so far from finding fault with them, that he commanded Mr. Battiere at his going away to receive our letters, and send them under cover to his Lordship, and promised to send yours under his own cover hither. [2 pp.]
April 30./May 10.
Paris.
81. Sir Francis Windebank to his son Thomas. Communication difficult. I am glad mine of the 19th came to you at last. It seems they miscarried, but through no fault of the Lord Ambassador here [the Earl of Leicester], who, I am assured, put them under his own cover to Mr. Treasurer Vane. I sent you in one of mine a duplicate of the letter I wrote to his Majesty, but seeing the original came so well, you may keep it by you. The ambassador has gone hence to England, and Mr. Aylesbury with him. Begs his son to wait upon the ambassador and make his acknowledgments, and likewise to put the Queen in mind to take notice of his Lordship's fair usage of him [Sir Francis] for her sake. I perceive my son Turner could be contented to change his livings in the Church for some other now upon the vacancies, and I would I were in a position to contribute anything to his desires. His services in Court begin now to be of some antiquity; and I know his Majesty's intentions to him in the former world, when his friends had power to make use of them, were extraordinarily good. In this low and afflicted condition wherein I now find myself, I cannot hold my mediation to any near the King of consideration; and, besides, I understand not what way the King will take for the disposing of those preferments now that my lord Archbishop is from him, or whether it will sort with his present affairs to make choice of such men as were heretofore held worthy. But if you or he think that my humble suit to the King or Queen in his favour will be of any advantage to him, I do give you hereby full power to solicit both their Majesties in my name, and to make it my humble request to them, to vouchsafe him some mark of favour in such particular as he shall desire. This, I pray you, let him know, with the remembrance of my dear love to him and Pegg. Concerning that wherein you desire to be instructed for the better securing of the monies lent to his Majesty for the post business, I do not apprehend any danger in the Privy Seal, if the party whose name is used be honest. Nevertheless, if, upon advice with any friend, you shall find danger, there can be no other remedy than to alter the Privy Seal, and to cause a new one to be passed in some other name of more trust; or else that two several Privy Seals be made, the one for one moiety of the money to be paid to Mr. Treasurer [Vane] in such a name as he shall appoint, and the other moiety to me in such a name as I shall choose. But none of this can be done without Mr. Treasurer's knowledge and consent. I shall be glad to hear of your mother's safe arrival and well-being in the country. Commend me to Nanne, and let her know I am very glad she is so well recovered of her late sickness. God bless her and you and all the rest, and preserve you all that I may enjoy you again before I leave this world. P. S.—Since I began these Mr. Batiere [Secretary to the Earl of Leicester] has been with me, and tells me that my Lord of Leicester gave him in charge at his departure to be careful of my letters, and to convey them in his own paquets to him, by which address you are to receive these, and you may from thence return answers under my Lord's covers. I pray you present my affectionate thanks to Mr. de Vic for his letters, and let him know it is not want of respect that I have not done it in a letter apart to him as I ought, but merely to free him from so much importunity and danger. I received a friendly remembrance from Sir Thos. Reynell in Mr. de Vic's letter, which I pray you acknowledge to Sir Thos. from me. On second thoughts, considering my Lord of Leicester going by the way of Dieppe may perhaps find but a slow passage, I have thought fit to send these by Mr. Burlamachi's means. It is said here that my Lord of Leicester is sent for to be Lord Deputy of Ireland. [3 pp.]
[April.] 82. The voluntary confession of John Browne, a Romish priest, of the age of 72, a prisoner in the Gatehouse, who, being twice examined by a Committee of the House of Commons [see Commons' Journal, ii. 118], did thereupon further explicate himself for the good of the Commonwealth and ease of the House. The House notices that the party who delivered this petition is one of the most eminent of this age in these dominions, who has read divinity, mathematics, and philosophy at Salamanca, Alcala, Holland, Avignon, Rome, Venice, and Genoa; has preached at Paris, in presence of the French King, at Antwerp, Brussels, Dunkirk, &c; and who desires to inform concerning some special points for the weal of this State, which he has observed above 50 years past, which are reduced to these heads: 1. Concerning the Jesuits, and danger they have done to these kingdoms, labouring that the Oath of Allegiance might not be taken; the ways they use with their penitents; and projecting of monopolies; of the ministers and substitutes they use; and the way quite to root them out of these dominions. 2. The reformation of some things in the Queen's Court, and of some persons which are fit to be removed. 3. The Archbishop of Canterbury, and of the great damages done partly by himself, and in his Court of High Commission. 4. Of the manner whereby the Pope means to intrude himself into the temporal monarchy of these kingdoms; and, to eschew all future danger in time coming, what persons are to be removed from hence; and that there should not be permitted any Resident to remain at Rome for the Queen, nor any here from the Pope; nor for foreign princes, to stir sedition in the State, namely, France and Spain. 5. That Roman Catholics shall be stopped from going over sea with their goods and all. The pamphlet enlarges on the above five subjects, going back many years to trace the influence of the Jesuits, the Pope, &c. in England. [32½ pp.]
[April.] 83. Another copy of the same. [15 pp.]
[April.] 84. Another copy of the same, imperfect. [44 pp.]
[April.] 85. Abstracts of certain of the charges preferred against the Earl of Strafford, so far as they could be gleaned by the writer, and addressed to Edward Viscount Conway. 1. That Strafford has often sat in Council. 2. That, contrary to the statute of 18 Hen. 6, he has caused several soldiers of horse and foot to be quartered upon the King's subjects against their will, which is treason. 3. That he has caused the Earl of Clancarty and Col. Fitzpatrick, and several other notorious rebels, to be restored to their estates, and, under pretence of that restitution, to possess much more land than ever they had. 4. That the Adventurers who were possessed of his estate have been removed to bogs and mountains without any valuable satisfaction 5. That he has endeavoured by oppression to force those who have lands adjacent to his to part with them at inconsiderable prices, particularly in the case of Colonel Gower, to whom he said, "I will have it, and recompense it to you in money as I please." 6. That when the opinion of any commissioners of the Court of Claims has been against him, he has caused such commissioners to absent themselves at the times of the sentence, that so nothing might pass contrary to his pleasure. 7. He has procured letters from the King in behalf of such persons as never were in being, and has caused the title of such letter men to be set up against the Adventurers; and having so dispossessed the Adventurers, has entered into the lands by pretended purchase, and enjoys them himself. I cannot learn any more of the heads, and of these all seem to me very frivolous, except the 2nd and 5th. [Seal with crest. 1 p.]
[April.] 86. Fifteenth article of the Commons' impeachment in Parliament against Thomas Earl of Strafford, charging him with setting up arbitrary government in Ireland by illegally taxing divers towns and billeting soldiers on the inhabitants to compel them to pay, and by illegally and by force ejecting certain families from their estates. [Printed in Rushworth's Trial of Strafford, pp. 67 and 426; and State Trials, iii., pp. 1393-4; and in Cooke's "Speeches in Parliament," 130.] [1½ p.]
[April.] 87. Extracts from and references to the rolls of Parliament and other records touching the law of treason and famous cases of impeachment for treason, since temp. Edw. 3. Probably used in the Earl of Strafford's trial. [4 pp.]
[April.] 88. Extracts from a letter of [Sir John Conyers to Edward Viscount Conway.] For it is certainly reported here that Holland, Goring, and Percy are to be our chiefs, and not one of all three that knows aught. Shall not I be in a good case, &c. I will never stay to command them, having such chiefs. If Goring comes, Sir Jacob Astley will not stay, and I will be sick or lame, &c. I am certainly told that the 13th of this present, the day you wrote to me last, you resigned your place to Mr. Percy, &c. For aught I hear the foot continue still in their former designs. I would willingly be advised how I should best behave myself in the business, for 'tis said 'tis pleasing to the King.
[April ?] 89. Memorandum, intended for the Earl of Bedford, relative to his investigation of the King's revenue and expenditure. The first thing your Lordship is to take care of is to have the present state of the whole revenue clearly set down, that it may appear in what condition you receive it, whereof some remonstrance is to be made to his Majesty and the Council. And for your better satisfaction therein, first a balance is to be made showing his Majesty's annual estate and his annual charge, the casual revenue being computed by a medium of seven or ten years, and the casual expenses in like manner. This balance is to be made by Sir Robert Pye, and Bingley, one of the auditors of the imprests, some other auditor being added to assist them; and I take auditor Philips to be the fittest man; or rather by a commission to be issued to these and some others. Secondly, your Lordship must be particularly informed by Sir Robert Pye and Sir Edward Wardour of all the anticipations on his Majesty's revenue, and of all his Majesty's debts by Great Seal and Privy Seal, for which no assignations are made. Thirdly, you must have a brief information, from some officers of the Customs, how the great and petty farms are for the present disposed of, how long they are contracted for, and under what rents; what collections of impositions or other duties are in danger of being totally lost by the present Parliament, or of being impaired by any alteration of State, or of trade at home or abroad. By these informations you will in some measure understand the present state of the revenue, so as to represent the same to his Majesty and the Council; which being done, the next care may be to reduce things to some better order than you received them in, which cannot be well done but by the Parliament, nor by them unless things be prepared for them. The first thing may be to reduce all pensions and other payments into the receipt of the Exchequer, some of them being now assigned on other revenues. The reducing them to the Exchequer is legal and regular, and will bring all the revenues and all payments under one account, and give you the true power of the King's payments, which otherwise you have not. The second thing is, what may be saved, and what charges retrenched, in his Majesty's estate; wherein, I believe, upon a careful examination of the King's estate, very much may be done, viz. in his Majesty's and the Prince's house, in pensions bought and transacted from man to man, and some others likewise in the wardrobe and stables, in superfluous and useless officers in the castles and forts, in ordering the customs and other revenues, and in divers other particulars. It will be very difficult, from the great anticipations, to make the King subsist on his own revenue without supply from his people in Parliament. But if subsidies were given I conceive it very easy; first, because the subsidies would give the King credit; secondly, some anticipations on present and immediate revenues might be removed, and the King make use thereof for his present subsistence, and appoint the anticipations to be paid out of the subsidies. It will be very important to forbear anticipations for the future as much as possible; and I think it very possible to forbear them if the revenue be once balanced, settled, and regulated, some annual provision being made for the King's just debts. There are several monthly payments into the Exchequer from the great farm, and divers collections of the customs, impositions, and other duties, which are for the monthly supply of the King and Queen's household charge, for the works, for the Treasurer of the Chamber, for the Guard and other necessary payments. Your Lordship must be particularly informed by Sir Robert Pye what and how much these monthly payments are, and out of what revenues and to what uses they are issued. And there must be especial care to establish these payments, and to settle as many monthly payments as possible, because this will be a means of much security and quiet to you, and will keep much clamour and complaint from the King. The government of the revenue of Ireland and all the affairs of that kingdom formerly depended principally on the Lord Treasurer, till my Lord Lieutenant's [Earl of Strafford's] time, who procured instructions and powers that made him independent of all but the King and himself. You must therefore take some care that the instructions of the next Deputy be conformed to ancient precedents, and not to those of my Lord Lieutenant; and that a correspondence and dependence be settled between your Lordship and the Lord Deputy and other officers of that kingdom, as the Vice-Treasurer, who is also Treasurer for the army, the Masters of the Wards and Rolls, &c. [Endorsed: "This was intended for my Lord of Bedford." 3½ pp.]