Charles I - volume 452: May 1-10, 1640

Calendar of State Papers Domestic: Charles I, 1640. Originally published by Her Majesty's Stationery Office, London, 1880.

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'Charles I - volume 452: May 1-10, 1640', in Calendar of State Papers Domestic: Charles I, 1640, (London, 1880) pp. 103-145. British History Online https://www.british-history.ac.uk/cal-state-papers/domestic/chas1/1640/pp103-145 [accessed 24 April 2024]

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May 1-10, 1640.

May 1/11.
Paris.
1. Charles Louis, the Elector Palatine, to the King. On Monday last I was with the French King at Chantilly, whom I found very joyful for the news he had then received of the relief of Casale, and ready to go towards Soissons, therefore I made no longer stay than only to receive his commands, which were that I should do well to stay awhile at Paris, assuring me withall that if your Majesty would assist me really he would not fail on his side to do it, which were the same words he told me at St. Germains. After this I went to Cardinal [Richelieu], who was at Reomont, a league from Chantilly, who used me with his accustomed civility, and, besides many fair and general promises, he told me that the Due de Longueville was to recover the Palatinate for me; the effect will show how far their professions are to be believed. In the meanwhile I expect your Majesty's commands by Sir Richard Cave, which I shall observe as much as is possible for one in my condition, and with all the duty which I owe you. [2 pp.]
May 1. 2. Speech of Lord Keeper Finch to the House of Commons in the Painted Chamber at Whitehall, on occasion of their meeting in conference with the Upper House to debate certain matters prepared by the Lords' Committees this day. The burden of this speech is the reparation required by the Commons of the Lords the Tuesday previous for trenching upon their privileges in the matter of supply. [Printed in Journals of the Lords', iv., pp. 75–77, and Rushworth's Hist. Collect., iii., pp. 1149–1153. 82/3 pp.]
May 1. 3. Book of notes made by Nicholas of proceedings of the Council at their several meetings during this month. The days on which the Council sat, and to which these notes refer, were the 1st, 3rd, 6th, 7th, 8th, 10th, 11th, 12th, 13th, 15th, 16th, 17th, 20th, 22nd, 23rd, 26th, 27th, 28th, 29th, 31st, on all of which days the King was present, excepting the 8th, 13th, 23rd, 27th, and 28th. [104 pp., of which 21 are blank.]
[May 1.] 4. Secret intelligence from France. About the 1st of May the Earl of Leicester [English ambassador at the Court of Versailles] sent for me and made me to understand how it lay in my hands to render good service to his Majesty, my gracious sovereign, if I would but satisfy some few demands or propositions his Lordship could make to me; the first was if I knew in France amongst the Scots one named Colvill. I answered that I did not only know him as a countryman, but long before he came here; I now had him a patient of mine in a most desperate occasion. Next I was asked if I had any frequentation with him. I answered none, except in a general way, but if it could serve his Majesty's interests I could frequent him. Upon this I have charge from the Earl of Leicester to inquire what he was doing here, and if he were to stay a long time, what course he used to come from Scotland, and some other circumstances. Upon this I learned that he came from Scotland about the 10th March; he came by sea because of some letters he carried from Lord Erskine, who had obtained a Scotch regiment here, to the French King, that he was long by the way because of tempest, and that in the end he came from Gravesend by water to Westminster, where he inquired for his brother, James Colvill, but hearing that his brother was confined in the Tower, he came straight to Rye; there he took boat, and escaped the search by putting quickly some pieces of money into the boatmen's hands, and it is now a month since he has been here; he is called Mr. William Colvill; he gives out that he came hither as captain-lieutenant to the regiment of Colonel Erskine, yet to have so much favour as to receive his pay without serving; he has been very well accepted here, as I hear, and is minded to follow the Court. I told the Earl of Leicester there appeared to be some mystery in it, and the more because I heard there was a little pamphlet to be translated out of Scotch into French, named "Informatione of the Scotis to the Kink off England," wherein there be many things said against his Majesty's honour. I have promised to hinder the printing of it, or otherwise to give his Lordship advertisement in case the printing of it be followed out against my will; so far I have gone to my Lord Leicester, who has promised to make my service known to his Majesty, and if it fall otherwise that his Majesty hear nothing of my most humble and entire intentions, I hope that in time and place your Lordship may make it known either to his Majesty or some of his principal ministers how devoted a mind I conserve to discover all circumstances that can avail his Majesty in anything. [1½ p.]
May 1. 5. Certificate of Sir William Ashton that John Evington, of Spalding, co. Lincoln, had voluntarily taken the Oath of Allegiance. [¼ p.]
May 1. 6. Bond of George Willoughby in 100l. to appear upon a day's warning within this 12 months before Sec. Windebank to answer each matters as may be objected against him on his Majesty's behalf. [Latin. 1 p.]
May 1. 7. Account by Richard Poole of saltpetre brought into the King's stores and delivered to Samuel Cordewell, his Majesty's gunpowdermaker between 1st November 1639 and 1st May 1640, viz., by the saltpetre-men, 74 lasts 13 cwts. 2 qrs 24 lbs., and by the merchants 30 lasts 14 cwts. 2 qrs. 20 lbs. The overplus brought in by some supplies in part the deficiency of the rest, so that there wants of the assigned proportion for these six months 19 lasts 17 cwts. 3 qrs. 7 lbs. [1 p.]
May 1.
Ordnance Office.
8. Certificate from the officers of the Ordnance what quantity of gunpowder was remaining in his Majesty's stores on 1st April 1640, and what has since been brought in by the King's gunpowdermaker. Total 271 lasts 1 cwt. 94 lbs., from which is to be deducted 85 lasts 14 cwts. issued out for his Majesty's service during the month from 1st April to 1st May 1640, leaving in store 185 lasts 11 cwts. 94 lbs. [= 2 pp.]
May 2. 9. His Majesty's message to the Lower House of Parliament urging the necessity of Supply, and pointing out the great danger inevitably to fall upon the whole state, upon his own honour, and the honour of this nation if more time shall be lost therein. [Printed in Commons' Journals II, pp. 18–19. Draft in Windebank's hand. 1 p.]
May 2. 10. J. Bellott, sheriff of Staffordshire, to the Council. Upon receipt of your letters, which was not till 16th March last, I immediately took steps for levy of the ship-money, commanding the high constables to pay over to me their several amounts at Stafford on the 26th of that month, but none came in, the high constables returning answer that the petty constables had failed to bring any money at all to them, who for their excuse alleged that they had divers times demanded the same, but none would pay. I then issued warrants for the petty constables, who appeared before me for a fortnight's space, whom I charged with neglecting to take distresses, to which they generally answered that they were so menaced by their neighbours as they durst not nor would take any without good bond given to secure them. I then would have bound them over to have answered their contempt at the Council Board, which, they refusing, I put them into the bailiff's hands to be conveyed to gaol, whereupon they all undertook payment of the whole, or to bring in distresses for what should be wanting within a few days, but utterly failing in performance, some were committed, others daily brought before me by new warrants, of whom divers affirmed that, notwithstanding they had diligently called for and demanded the money, none was paid to them, and where they had taken distresses, the same were violently taken from them. Others, especially of the neighbourhood where I live, have brought in part, whereof the total is 230l., or very near; but since the beginning of the Parliament [neither] constables nor others will pay at all, whereof I have thought fit to certify beseeching you to believe I have neither spared purse nor pains in the service, nor will be unready with all diligence to observe your further commands. [Endorsed: "Received 7th May. To be read." 1 p.]
May 2/12.
The Hague.
11. Elizabeth, Queen of Bohemia, to Archbishop Laud. I have not written to you, having so little to say of late. I would not be any longer silent that you may not think I forget you, but that I do still continue my affection to you. I need say nothing to you of my son's affairs, since I am sure you hear them as well as I out of France, where I wish the effect may follow the usage he receives which I will believe when I see it. Do you continue your affection to him by your good offices to the King, in whose assistance I have all my hope next to God. This gentleman, Mons. de Heintzleet, deserves to be well used again in England, for he is very thankful for his former usage; he can tell you all the news here. [Endorsed: "Received May 17th, 1640." Seal with arms and coronet. 1 p.]
May 2. 12. Petition of William Ward, clerk, parson of Allesley, co. Warwick, and of Francis Blith and George Villers, churchwardens there, to Archbishop Laud. Petitioners, in execution of their duty this last year, presented Richard Johnson, of Allesley, to the Archdeacon of Coventry, for a fame of incontinency, who being questioned before the official there, has appealed to your Grace's Court of Audience, and made petitioners parties, and cited them to answer him in the said cause this Easter Term, thereby intending to vex petitioners, and put them to great trouble and charge for executing their office and discharging their consciences. Petitioners pray your Grace to take such order for their relief herein as you shall think fit. Underwritten,
12. i. Reference to Sir John Lamb and Dr. Heath to consider of this petition, and to take order for the quiet of petitioners as in law and justice they shall fund fitting. W. Cant. 2nd May 1640. [1 p.]
May 2.
Carlisle Castle.
13. Sir Francis Willoughby to Edward Viscount Conway and Killultagh. I have just received yours of the 28th April. As yet I have not heard of the arrival of any of your servants in these parts, but if they come whilst I am here I will afford them every assistance they shall stand in need of. Sir Nicholas Byron has come hither to receive from me this command, and I am to retire into Ireland to some other. He has been here a week, but is not willing to receive the charge until we hear something more from the Court, for his Majesty's letter refers me to some instructions I should have received from the Lord Lieutenant of Ireland, but I have not heard from him since the 13th February last, and then he informed me that his Majesty's service would shortly require my and the rest of the captains repair into Ireland, of which I should hear more by his next, which is yet to come. These are the lets which hinder my going, but I have sent away all I have, and am ready to follow. I am sorry I have no good occasion to wait upon you in this employment. [1 p.]
May 2. 14. Certificate by Sir William Russell and Henry Vane, treasurers of the Navy, of ship-money received by virtue of writs issued in 1639. Total received 13,689l. 16s. 7d. Underwritten,
14. i. There is paid in at Portsmouth by the sheriff of Hants. 2,000l., and by the late sheriff of Suffolk for the year 1638, 100l. [1 p.]
May 2. 15. Account of ship-money for 1639 levied and in the hands of the sheriffs. Total 4,297l., making with the 13,689l. paid in to the treasurers of the Navy 17,986l. It is added that during this week 100l. had been paid in of the arrears of ship-money for the year 1638, but no part of the arrears of any former years. [1 p.]
May 3.
Whitehall.
16. Order of Council, the King present. The Attorney General is hereby required to take into consideration the certificates against Thomas Ball, vicar of All Saints, co. Northampton, Thomas Pentloe, of Welby, John Gifford, alderman of Northampton, and ten others, Northamptonshire men here named, and having taken their several answers to the charges laid against them, to certify this Board his opinion what course is best to be taken against them. [Draft. 2/3 p.]
May 3. 17. The Council to the Lords Lieutenants of the several counties expressed in the annexed list. By our letters of the 26th March last you received instructions concerning the levying, exercising, and marching of the foot soldiers appointed to be brought to their several rendezvous the 10th of May, to be in readiness to march towards Newcastle-upon-Tyne on the 20th instant. We are now by his Majesty's command to require you to take order that the said men be not brought to the general rendezvous of that county till 1st June next; but that they be continued to be exercised once every week at their particular rendezvous until that day. At their county rendezvous they are to remain till 10th June to be exercised and put in order for their march towards Newcastle. You are to cause our instructions of the 26th March to be carefully perused and observed in all other particulars without delay. [Draft. Printed in Rushworth, iii., p. 1170, but dated May 5. 1¾ p.] Annexed,
17. i. List showing the number of soldiers to be furnished by each of the several counties named, and who are appointed to march by land to the general rendezvous at Newcastleupon-Tyne. Total 17,600. [Printed in Rushwoth, iii., p. 1171. 1 p.] Underwritten,
17. ii. Mem. A letter to the Mayor of Bristol was delivered to Mr. Dyer, May 3.
17. iii. Receipt by Henry Kyme for 13 letters from the Council directed to the Lords Lieutenants of the several counties expressed in the list above written. 4 May 1640.
May 3.
The Temple.
18. Richard Lane, the Prince's Attorney, to Nicholas. If you can give my brother-in-law, Mr. West, any despatch to his wife, who lies sick, I shall acknowledge it as a special favour. I will engage myself for him that he shall be answerable to the direction of the Council Board when and where it shall be ordered. The particular against him I know is not much, and I believe but faintly proved. I pray you do him what good you may. P.S.— Though he lives near Northampton yet is he not of that town or faction, nor I hope of affection. If you speak a word to Lord Littleton for him I hope he shall not speed the worse for my sake. [Seal with arms. ¾ p.]
May 3. 19. Complaint against rioters in the Fens of Lincolnshire. It may please Mr. Secretary to move the Council for a messenger to be sent for those whose names were signified to Mr. Nicholas, some having disturbed our possession [of the drained lands], and thrust their cattle upon our grounds, and others cut our banks in several places. [½ p.]
May 4. 20. News Letter [from Edmund Rossingham to Edward Viscount Conway] relating the proceedings in Parliament from Tuesday 28th April till 4th May, being in continuation of a former one calendared under date April 28th. Tuesday [28th April] the House of Commons sent Sir H. Vane to the Lords' House to desire a con[ference which] was presently granted, Mr. Pymm being [chosen to] be the orator, this conference met [to discuss the] breach of their privileges in that [message] that it was necessary and fit the subsi[dy should precede] the grievances, and afterwards the Lords [would be ready] to join in procuring redress of grievances. Pymm did this service in so ex[cellent manner] as both the secretaries moved [the Com]mons he might receive the [thanks] of the House for it, which was d[one]. The King sent a message [which] was to take them off from pr[oceeding] against Bishop Mainwaring, Wednesday 29th April. [He would] propose another question in the Upper House, which was whether they had broken the privileges of the Commons by taking notice in their conference, to the House of Commons, what his Majesty had repeated to them in the Upper House concerning these three heads of grievances voted by the House of Commons; all the Lords but one, who mistook the question, voted it, that by thus taking notice of the proceedings of the Commons from the King they had not violated the privileges of the Commons. The Lords would have altered these questions a little, the first they would thus have altered whether by their persuading the House of Commons that the subsidies should precede the grievances they had broken the privileges of their own House; the other was whether they had not broken the privileges of the House of Commons by the proceedings in the Upper House to vote the persuading the Commons to prefer the grievances before the subsidies upon his Majesty's giving them notice of the resolutions of the Commons; but these two were overruled by the major votes, and the questions were put as aforesaid. After the Lords had voted the second question they appointed a committee to prepare for a conference with the Commons the next morning; in the meantime they appointed some records to be taken out of the Tower and to be brought to the Upper House the next morning, wherein it will appear how the Lords have usually advised with the Commons about giving subsidies, which will clear it. That the Lords have done nothing to violate the privileges of the Commons, for which pretended breach the Commons required reparation. Wednesday last [29th April] the Commons voted the three heads of their grievances, branching them out into many particulars. Saturday last the Earl of Middlesex petitioned the Lords desiring to be restored to be a member of that House, he having performed all that was imposed upon him by that sentence. Thursday last [30th April] the ship-money was in dispute in the House of Commons, where they endeavoured to prove the ship writ to be against all law or custom, and that it was against the Petition of Right, that the King should levy any money upon the subject without consent in Parliament upon any necessity or pretended necessity whatsoever, yet in this whole discourse about this ship-money they used these words saving the judgment of the reverend judges, which judgment they would not declare to be against law till the King's counsel should be heard argue it in the House of Commons. Monday [4th May] being appointed for the argument, the King's counsel intimated they hoped to be provided by that day, which if they should fail, the resolution of the House then was to proceed to the condemnation of the judgment of the judges, which is very judicially recorded, and stands in force of law, as all or any former judgments. Friday last [1st May] the Lords sent to the Commons to have a conference with them presently. The Commons were then in great difference about an information against Dr. Beale, headmaster of St. John's College, Cambridge, for preaching a sermon upon Coronation Day 1635, in St. Mary's, against the power of parliaments, and to have enforced at the same time some particulars concerning those that cry down altars, as that they had brought into the Church transmarine words; no more altar nor priest, but table and minister, pastor and elder, and such like terms, which purer Primitive times were not acquainted with. The difference in the House was, whether a Sergeant-atarms should be sent to him to require him to appear, and make his defence to these accusations; some would have a sergeant be sent to him, but others would not upon a bare information till witnesses were produced, the House was hereupon divided, which was not before all this Parliament, but the major part by 100, were that the Sergeant-at-arms should be sent to him. This being ended, the Commons gave the Lords a meeting in the Painted Chamber, where the Lords declared to the Commons concerning the reparations the Commons required of the Lords the Tuesday before, for entrenching upon their privileges in these two particulars of the Lords, not advising but saying it was necessary and fitting the subsidies should precede their grievances, the other was as aforesaid. The Lords did not only justify their proceedings in saying it was necessary and fitting, but proceeded further to advise the Commons to give subsidies in the first place, producing a record in Hen. IV.'s time for their warrant, which record the Commons pretended a week before to make more for their privilege in that very particular than for the Lords of the Upper House. The conference being ended the Commons appointed a Committee to take into consideration the Lords' conference, to make report of it the next day in the House, which business was put by the next morning, when it was coming into question by a message from his Majesty sent by Mr. Treasurer [Vane], which was to this purpose. [See Commons' Journal II., p. 18.] This message put all other business aside and made them dissolve the House into a Committee to argue the business and to give his Majesty a present answer. The House sat till 6 o'clock that night, but could resolve of no answer, neither could it be put to the question all that day, whether they would supply the King yes or no. They pretended they had nothing to give, so long as the ship-money lay upon them [this] they would have taken away and the propriety of their [goods], but under this word "propriety" they would include coat [and conduct] money, and all other military [charges]. If the King's counsel came not to argue [the question of] ship-money they would again fall to [the consideration of grievances]. Upon Monday the King's counsel came not at all to argue about the ship-money. And the Commons disposing themselves to fall on [to the discussion, resolved on] Saturday to prepare an answer to the King's message. They receive another message from his Majesty [which] was to this purpose, that his Majesty's pressing occasions would require 12 subsidies, which if the Com[mons would grant] his Majesty would willingly desert the ship-money, these 12 subsidies to be paid at three convenient payments, [and if] granted his Majesty does promise they shall still sit to redress their grievances so long as the season will [permit and meet] again at Michaelmas. All that day was spent in debating upon this message, and at 6 o'clock at [night they adjourned] the House till 8 o'clock the next morning, nothing being at all resolved on. [Imperfect and much damaged. 4 pp.]
May 4. 21. [The same to the same.] This Monday Bishop [Williams], of Lincoln, was delivered out of the Tower; the same evening he went to Lambeth, but upon what conditions he is set at liberty I know not yet. The Lords of the Upper House did nothing in Parliament that morning but adjourned till Tuesday morning, save only that they brought the Lord Brudenell to his place in the Parliament-House. [7 lines, probably attached to the preceding.]
May 4. 22. Order of the Commons House of Parliament concerning an answer to be returned to his Majesty's message. [Printed in Commons' Journals II., p. 19. ¾ p.]
May 4. 23. Minute of a pass for John Evington, of Spalding, co. Lincoln, [to travel] for three years. [4 lines.]
May 4.
Dorchester.
24. Theophilus Earl of Suffolk to Sec. [Windebank]. At my arrival in these parts I set myself diligently to perform the commands I had received concerning his Majesty's service. At first I found there had been an ill vapour raised, but the mists soon cleared up, so that I now dare boldly affirm that his Majesty's service shall not in any part of the kingdom be more completely performed than it now shall be in this county of Dorset. The captains who were sent hither by the Lord General much approve what has been done touching this service. If there has been any errors formerly committed it has not proceeded from unwillingness in the people, but rather through the remissness of some of the deputy-lieutenants, in which I find Mr. Napper to have been faulty, wherefore I think it will stand with convenience for his Majesty's future service, that he receive some reprehension from you that others thereby may take example, and that you would wish him not to depart out of London till my return, his lodging is at the sign of the Feathers, in Fleet-street. If anything more happens before my return to London you shall hear from me, but I conceive that this business will give me no further occasion to trouble you. [Endorsed: "Received 5th May." 1 p.]
May 4.
Greenwich.
25. Joseph Rossen to Sec. Vane. Prays the speedy despatch of the bearer, James Farquhar, an honest loyal subject. He is a citizen of Aberdeen, right for his Majesty's honour, and has suffered much in this distressed time. Lawful favour I beg only. [Seal broken. 2/3 p.]
May 4.
London.
26. [Ludovick Earl of] Crawford to his brother, Robert Flesher, Baron of Bensho. [?] I spoke with the Earl of Kinnoul and others about the business you wrote of last, as you desired, but in respect of those times could do no good in it with them, wherefore I thought upon other means to prevent your loss, which is, that if you will quit the right you have, you shall receive again instantly half of the money which you disbursed in Edinburgh, by those I shall appoint you, and for the other half you shall have such security as you would choose yourself to receive it in some months time. Hereof I pray let me know your resolution or not to blame me hereafter if you come to any loss by it. [Seal with arms and crest. 1 p.]
May 4.
Drainland Hall.
27. Richard Ligon to Sir William Killigrew. Upon my arrival here I find but little water standing in the fen, and I believe in a few days all will be run off, yet the country [people] go on still to do us what mischief they may. Whilst the waters were up they cut our banks and drowned our inclosures, to our great damage, especially to the cole, and since the waters are fallen to the level of the soil, so that they can do no harm that way, they now turn out the cattle of the owners and drive their own in and there keep them by force. The towns have joined together and bound themselves in bonds to defend one another in this action, so that if some speedy course be not taken they will yet go further. If you please to move the Parliament in this and get them to send commissioners to view the fens they will find them as free from waters as they have been these many years, and as full of stock as they can hold, you must be speedy in this before the mischief grows greater, for we who have houses are threatened to have them fired or pulled down. P.S.—I purpose to be with you according to my appointed time. [Seal with device. 1 p.]
May 4. 28. S. Skevingtoun to Robert Acheson at Edinburgh. I wonder I do not hear from you concerning all affairs, and also of my last letter concerning the intelligence of my father's death, which urged me more than my intention was to charge a friend to advance me a little money for a morning suit. I trust in you to let this be paid, and what small things else I took on trust to my brother according to his information in his letter to me. Messages for his mother and family. P.S.—The bill I drew was for 245 marks, Scotch, payable to my friend John Hogg or his order, [2/3 p.]
May 5. 29. The King's speech on dissolving the Parliament. [Printed in the Journals of the Lords, vol. IV., p. 81. 1 p.]
May 5. 30. Inventory of books and papers brought in by Henry Elsynge, Clerk of the Commons House of Parliament, immediately upon the dissolution [and delivered to Sir Francis Windebank], viz., this day one journal book of Parliament beginning April 13 and ending May 5. One bundle of Acts, 15. One bundle of petitions, 25. One bundle of messages, reports, and other matters. On the 6th May he left one bundle of committees, 23. One bundle of orders and warrants, 62. One bundle of certificates, 27, besides a bundle of Mr. Rushworth's notes, three copies of reports, and other matters resolved in the House upon the question. Underwritten,
30. i. Receipt by Henry Elsynge for the particular parcels above mentioned received back from Sec. Windebank, as also a bundle of papers delivered in by Mr. Corbett and Mr. Peard. 23rd October 1640. [1 p.]
May 5 31. Sec. Vane's notes of the opinions delivered at a junto of the Privy Council for Scotch affairs, held this day, when the question of the war with Scotland was under discussion. These opinions are initialed as having been delivered severally by the Lord High Admiral, the Lord Lieutenant of Ireland, Archbishop Laud, and Lord Cottington. This paper has been several times printed, but as some points of historical importance rest on slight verbal distinctions it is here given verbatim from this M.S.—5th of May 1640. No danger in undertaking this war, whether the Scots are to be reduced or no. To reduce them by force as the state of this kingdom stands. If his Majesty had not declared himself so soon, he would have declared himself for no war with Scotland, they would have given him plentifully. The city to be called immediately and quickened to lend 100,000l. The shipping-money to be put vigorously upon collection, these two ways will furnish your Majesty plentifully to go on with "armes" and war against Scotland. The manner of the war. Stopping of the trade of Scotland no prejudice, for they had the trade free with England for the cattle. A defensive war totally against it, offensive war into the kingdom, his opinion, few months make an end of the war do you invade them. Lord Admiral.—If no more money, then what proposed? how then to make an offensive war, a difficulty. Whether to do nothing and let them alone, or go on with a vigorous war ? Lord Lieutenant of Ireland. Go vigorously on or let them alone, no defensive war, loss of honour and reputation, the quiet of England will hold out long. You will languish as betwixt Saul and David, go on with an offensive war as you first designed, loosed and absolved from all rules of government being reduced to extreme necessity, everything is to be done as power will admit, and that you are to do. They refused, you are acquitted towards God and man. You have an army in Ireland you may employ here to reduce this kingdom. Confident as anything under Heaven, Scotland shall not hold out five months. One summer well employed will do it. Venture all I had, I would carry it or lose all. Whether a defensive war as impossible as an offensive, or whether to let them alone ? Lord Archbishop.—Tried all ways and refused all ways, by the law of God you should have subsistence and ought to have it and lawfully to take it. Lord Cottington.—Leagues abroad they may make and will, and therefore the defence of this kingdom. The Lower House are weary both of King and Church, all ways shall be just to raise moneys by this unavoidable necessity, therefore to be used being lawful. Lord Lieutenant of Ireland.—Commission of array to be put in execution, they are to bring them to the Borders. In reason of state you have power, when they are there, to use them at the King's pay, if any of the Lords can show you a better way let them do it. Ob. town full of the nobility who will talk of it. He will make them smart for it. Endorsed: "The words of the Earl of Strafford," and from its being numbered 140 this copy probably formed one of the set of papers produced in support of the charges against the Earl of Strafford. It was read in the House of Commons 10th April 1641 (See Commons' Journal II., 118), and was sent up by the committee to the Lords on the 12th April (See Lords' Journal IV., 215). In "the Diurnal Occurrances" published in 1641, p. 77, we read "this paper by accident coming to young Sir Henry Vane's hands, he disclosed the same to Master Pym." [Printed in the Third Report of Hist. MSS. Commission, Appendix, p. 3, in Nalson's Collect, ii., p. 208, and reprinted in Miss Cooper's Life of Wentworth, ii., p. 338. Copy. 2 pp.]
May 5. 32. Petition of Robert Earl of Lindsey. Lord Great Chamberlain intended to be preferred by him to the Lords in Parliament. That a great part of the county of Lincoln consisting of fens and surrounded grounds has been time out of mind much annoyed with waters, to the great prejudice of the lords and owners, and of the commonwealth in general, but about six years ago petitioner in regard of the trust and confidence the county had in him, became undertaker for the draining and improving of a great part of these fens and surrounded grounds whereunto he was induced not only out of a desire of his own advantage, but first and principally by the consideration of the great benefit many ways arising to the commonwealth by works of this nature. Secondly, in regard the same had received so great approbation, countenance, encouragement, and confirmation from the authority of Parliament not only in those statutes which are the foundation of the Commission of Sewers, but also in several other succeeding Acts made for particular works of this kind; and thirdly, in regard of many Acts of State and resolutions of the Privy Council and judges for the countenancing and supporting of these undertakings in the reigns of Elizabeth, James, and his present Majesty. Upon these grounds and encouragements, and by authority of several decrees of sewers, petitioner has proceeded to drain a great part of these fens and surrounded grounds, whereby they are made fit for culture and tillage, and has expended therein near 50,000l., and has had but 14,000 acres allotted to him for his recompense, being all taken out of the waste commons which petitioner and his participants have quietly enjoyed for the year last past, but of late some ill-affected persons have not only excited the meaner sort of people, but have themselves likewise in a tumultuous and illegal manner entered upon divers parts of the lands allotted to petitioner, thrusting their cattle into the same and keeping them there with force and violence, and have likewise cut the banks and works in several places, and will not permit petitioner's agents and workmen to repair the same. Because of the dangerous consequences of such tumultuous proceedings and the great loss and damage not only to particular men, who have great crops of rape, cole-seed, corn, and other grain, now upon the ground, but to the whole commonwealth in general, and for the prevention of like evils hereafter, petitioner being a member of this Honourable House, has presumed to make this humble address to your Lordships, for your protection and favourable assistance, beseeching you to consider how these tumultuous proceedings may be quieted and a stop put to the interruption of possession as settled by decrees of sewers. [Endorsed: "Copy of a petition intended to be preferred by the Earl of Lindsey to the Lords in Parliament concerning the fens, May the 5th 1640." Draft corrected by Thomas Coke. 2¼ pp.]
May 5.
London.
33. Algernon Earl of Northumberland to [Edward Viscount Conway]. If you approve of the deputy-lieutenants advice for laying three troops at Alnwick, Morpeth, and Hexham, I doubt not but you will do it without further directions from hence. Mr. Fenwick and Mr. Vane, being acquainted with those parts, are in my opinion the fittest to be employed in those places. If we be put to a defensive war the fortifying some of those places you speak of will be fit to be considered of, but we are going upon a conquest with such a power that nothing in that kingdom will be able to resist us. By an order of State made a month since, the Scots, who came into England under pretence of flying hither for refuge, are not to remain any time within 50 miles of the Borders, but it would be hard upon the sudden to remove such as have long inhabited and are settled in any of the northern parts. It was intended that those troops you took with you to Newcastle should have been armed at Hull, but now I have given order for sending them to you. The King's money that lies in Sir John Marley's hands is not payable till next month, then he shall be sure to be called upon, and in the meantime I will omit no occasion wherein I may do him good offices. If Captain Gifford be not faulty, you shall do well to punish the men you have in hold who were the beginners of the mutiny at Newcastle. Colonel Goring is very earnest now again to have precedence of Sir Jacob Ashley, by having the title of Colonel General, but I do not believe it will be granted him, and he is resolved rather to decline the service than go without these conditions, so as I doubt we shall lose his company. The King yesterday offered the House of Commons to relinquish absolutely the shipping-money if they would at this time supply him with 12 subsidies; this gave them not satisfaction, they desired to be also eased of the military charge, as they termed it, which was from the pressing, coating, and conducting of soldiers; innovations in religion they likewise insisted much upon, other grievances they touched, but these were the main ones they complained of, and had they been well advised I am verily persuaded they might in time have gained their desires, but they in a tumultuous and confused way went on with their businesses, which gave so great offence to his Majesty that this morning he has dissolved the Parliament, we shall now soon see what other ways will be found to enable the King to go on with his great designs. The men were appointed to march towards the general rendezvous in the North from the several counties where they were raised upon the 20th of this month, but that is now altered, and they are not to stir until the 10th June. Scotland is no good country to make a winter war in. God send us a happier end than we have hitherto had a beginning of these troubles. [4 pp.]
May 5. 34. Modern copy of the preceding. [2¼ pp.]
May 5. Extract from the preceding letter, being the first paragraph ending with the words "will be able to resist us." [See 23rd April, vol. ccccli., No. 33, p. 11. ½ p.]
May 5. Another copy of the same extract. [See next entry, No. 35. 2 pp.]
May 5. 35. Excerpts from correspondence between Edward Viscount Conway and Algernon Earl of Northumberland, Lord General of the Army, of various dates between May 5 and August 10, 1640. All which letters are calendared under their several dates. [3½ pp.]
May 5. 36. Another paper of excerpts from the same correspondence. [Modern. 2/3 p.]
May 5.
Newcastle.
Edward Viscount Conway to Algernon Earl of Northumberland. According to the instructions I received from you, I have endeavoured with the Mayor and Aldermen to make them find men for the 2,000 arms the King has here. At the first they made it an impossibility; all that I could get from them was that they were at great charge with the 500 that are put into companies, that there are no more men in the town but keel men, coal men, and seamen. Sir John Marley said that the King ought to send forces for their safeguard. I said the King did send horse, and supposing that the townsmen were able to furnish foot for the defence of themselves, did expect that they should do it until his army came. Sir John said that the King had 50,000l. yearly by this town, and therefore he thought the King ought with that money to pay soldiers who might defend them. When I could obtain no more, I then propounded to them to arm all their companies with muskets, and to appoint a certain number of keel men and coal men, that might be armed with pikes, a weapon that needs but little practice to know how to use it; that so there might be the more hands for the defence of this town; they have now promised to do it. I find that they feared that if they should raise any more companies they should be forced to keep them still as trained bands, and that it would be an everlasting charge. I have seen the instructions you gave to the Treasurer for the payment of the troops; there is in it one clause which will make great dispute. That no absent man shall be paid; I asked the paymaster how he understood it; he said absolutely without any distinction, without the admission of any cause of leave or sickness, but that if he were not present at the muster he must not be paid, and this he understands for all forces of men. There is not yet any come hither to muster us. Although you write no other news, yet was I sufficiently satisfied with that of the doctor, and should rejoice much if beating could make a fool wise. [See April 27, vol. ccccli., No. 58, p. 4. Copy=2/3 p.]
May 5.
Newcastle.
The same to Archbishop Laud. I think if Newcastle [is to be defended it were well] to secure these parts, which might easily be done by the fortifying of three places, by one of which all those coming out of Scotland must pass. These will be defended by foot, and if any horse be left there they will not be many, then do you allay the fears of this country if the horse should be drawn from hence, and they will be much satisfied if they see that care is taken of them. If an army should come hither this need not be [done], for then we suppose that we are masters of the field, but if you think that you shall not be yet ready, I think this would be requisite. I have written to the Lord Lieutenant [of Ireland] to the same purpose that this is. [Extract. ½ p. See 23rd April, vol. ccccli., No. 33. p. 9.]
May 5. 37. Note of intelligence sent to Lord Conway. Bishop [Williams] of Lincoln is not at liberty, but was at Lambeth upon Monday and returned back to the Tower the same night. Tuesday morning the King came to the Parliament where all the Lords were in their robes. The Speaker of the House of Commons came not to the House that morning; he pretended he was not well, but the members were all there till the Gentleman Usher of the Black Rod came to the Commons' House, to require the knights and burgesses of the House of Commons to repair to his Majesty to the Lords' House, where their Speaker was, where his Majesty declared that he had called that Parliament for weighty causes, having acquainted their Lordships therewith, who had in all things complied with them, but the House of Commons had been averse, yet not the whole House but some particular members, wherefore his Majesty willed the Lord Keeper to signify his pleasure, which he did forthwith, saying his Majesty did dissolve this Parliament. May 5, 1640. [1 p.]
May 5. 38. Minute by Lord Conway of letters written by him between 27th April and 5th May 1640. They are addressed to Sir Henry Vane, Algernon Earl of Northumberland, Archbishop Laud, the Earl of Strafford, and Sir Michael Ernie. No further notice is required of these minutes, as the letters are calendared under their several dates either from the originals or copies preserved in this collection. [Damaged by damp. 1 p.]
May 5.
Beverley.
39. H. Wilmot, Commissary General of Horse, to Edward Viscount Conway. To-day Capt. George Butler will be here with a commission from the Vice-President of York to examine the business of the Quarter-master. I am commanded by the Lord General to assist him all I can in it, as formerly directed by your Lordship. I pray you hasten [the coming of the] Provost Marshal, and send orders for the government of the horse to be read, for I assure myself the very sight of them will terrify much. To give you a particular account of the daily disorders for want of them would be wearisome. I shall strive to pacify and mend them all I can, but if there be anything of consequence I will acquaint you with it. I hope you will not long keep me from you, for I desire to assure you that I am your faithful servant. [1 p.]
May 5.
Little Knightrider Street.
40. Information given by James Smith, apothecary to Dr. Langham. That being at dinner in the house of Mr. Clay, grocer or druggist, of Lombard-street, a London merchant [in margin Mr. Hardy, dwelling in Cateaten-street], a kinsman of Mr. Clay, confidently reported that he had lately received certain news out of Ireland to the effect that since the Lord Lieutenant came out of Ireland the Irish have utterly razed and pulled down his dwellinghouse, and that the Archbishop of Armagh is now coming from Ireland to England for succour, by reason there is a rebellion in Ireland like to the rebellion in Scotland. [1 p.]
[May 5.] 41. Further relation of James Smith in the presence of John Pocklington, D.D., and Mr. Crofts, clerk. That the said merchant did then and there also report that if the Lord Lieutenant should return into Ireland he would be in danger to be torn in pieces or to have his throat cut or to be slain. At which he now boggles. [Dorso. ⅓ p.]
May 5. 42. Bishop Williams of Lincoln to Sir John Lambe. There is a suit depending before you, about a matter of tithes between the Dean of Bangor and Mr. Humphrey Johnes and other my tenants in the parish of Llanllechid and diocese of Bangor, wherein my interest and freehold is much concerned. I am Bishop of Lincoln and a peer of Parliament, and so questionless in my privilege, though not present in Parliament and Convocation in obedience to his Majesty. I believe Archbishop Laud will be of that opinion if you please to speak with his Grace. I pray you therefore to respite the further hearing of that cause until I may be present myself to look to it a little, being in hope to compound all differences with his most excellent Majesty. Methinks Mr. Dean, if he have not forgotten who procured him that benefice, should not take it ill. I shall be very thankful to you for any favourable justice you shall do me herein, and shall have no cause to crave for relief herein from the Higher House, but shall remain your loving friend. [Seal with arms. ½ p.]
May 5.
Stepney.
43. George Douglas to his cousin, Roger Mowatt, advocate at Edinburgh. Yours of the 28th I received the 4th of this month. I am glad of your welfare, though very sorry for that kind of playing which is begun amongst you. Concerning Haddington and Stirling I can say no other nor more than you have done, as for your own bond I question it not, and whereas you have made it for 4,000 marks; if my brother Alexander require 1,000 of them from you at the next term I pray let him have it, for I can pay myself here out of his interest. His Majesty's last Declaration and the other you mentioned shall be both sent to you when I can find a sure messenger, for even this letter is sent but upon adventure, as your's was. The seed time here has also been very ticklish, and, owing to the abundance of rains and cold winds, the spring is wonderfully late. News I know you expect none. I hear that the sheriff of Teviotdale [Sir William Douglas], and Mr. Barclay depart homeward within these two days, they will bring enough of his Majesty's Declaration with them. The Parliament here has enacted nothing as yet that I can hear, but they are hot at it, and will very suddenly produce somewhat; when it is done it may be communicated. The Lord settle the desired peace amongst us. [Seal with arms. 1 p.]
May 5.
London.
44. Stephen Turner to John Kniblo, bailie in Edinburgh. Because Robert Pringle went from hence to Edinburgh by land 12 days ago, I sent you eight days back the enclosed with a packet from his brother, James Pringle. The other for James Hamilton, went with the last post to Ostend. These fearful times, which I pray God turn to speedy peace, make me also to have little to write. When such time be that all things be quiet let me know. If you think fitting I would send you from Rouen, Dieppe, or here a small bark in hope to get a freight with salt at the pans and so to bring here such skins and other things as you have, for goat skins are still scarcer and scarcer, and good ones would give 20 per cent. more. There come here sometimes French barks with English masters, fearing the Dunkirkers. [Seal with anchor. ½ p.]
May 5.
London.
45. John Hogg to John Aickman, merchant in Edinburgh. Mercantile advices, chiefly relating to the recovery and payment of debts. From Mr. Colvill, Alexander, Ninian Coningham, and Lord Dyel [Dalzell], I shall require what is due to you and per next give answer. Mr. Colvill's money has often been required by John Alexander but he could not obtain payment. I give you many thanks for your good advice anent my lending of money to any, but what I did I could scarcely shun. [Seal with arms. 1 p.]
May 5.
London.
46. John Johnstoun to his brother, John Smith, merchant in Edinburgh. Mercantile advices. I sent you a bill of debt of William Thompson; his partner, John Hogg, has paid in part 100l. and promises the remainder shortly. Our Parliament has yet settled nothing, they are this day about to petition his Majesty to hearken to a reconciliation with you, his subjects of Scotland. Upon a voluntary submission, we are confident his Majesty would grant it without mediation of any third party. God grant the issue of all may prove peaceable. [Endorsed: "Scottish letter intercepted." ½ p.]
May 5.
Whitehall.
47. Thomas Hamilton to Mr. Patrick Hamilton, writer to the Signet at Edinburgh. I received your's yesterday by a packet that came from Mr. Philp to Lord Lanark [Lanerick], but because it had no date I guessed it to be of your brother Haddington, and the packet the 29th of last month. You must not be afraid to write what you please. I cannot get Sir James [Hamilton ?], of Redhall, to make your excuse to him, I hear he is living privately in some place in the country. It is reported that Lord James Douglas' repair hither will not be so sudden unless he come away without his recruits, and leave his eldest brother destitute of a skilled colonel to lead the Black Douglas folkes against the bold Percy. Your friends here are well. The breaking up this day of the Parliament without [giving] satisfaction to the King makes us all amazed, and to think that Mr. James Law, who died suddenly last night, and Harry Graham, sergeant of the Queen's carriage, who lay long bedfast and now deceased, are better than we who are here in the conjectured miseries that are likely to follow, but I believe that God who has given us so just, merciful, and wise a king will never desert him in his need, although the Devil should never have so great power over all his opposing people. [1 p.]
May 5.
London.
48. Samuel Flesher to David Tayler, merchant at Edinburgh. Last week I wrote to you at length with the covenants and affidavit. Let me entreat you to put an end to that business and return us the money to discharge these debts, or else I am undone. I hear your goods are all sold, and, therefore, to clear your reputation it would be well you would send the money. P.S.—The Parliament is dissolved this day. [2/3 p.]
May 5.
London.
49. John Parry to William Bancks at Leith. Prays his assistance in a business that concerns a friend of his, Alan Pennye, of Exeter, merchant and sole owner of a small ship called the Matthew, of London, of which Thomas Barker was master. In her voyage from Norway the ship was caught in a storm, but was relieved by one of the King's ships and assisted into Leith. Thomas Barker having since died, her sails and rigging are detained by George Reade, who pretends that he furnished Barker with some money. I pray advise me of his demands, and of the fittest course to be taken for the clearing of the ship thence. [1 p.]
May 5.
Rouen.
50. Thomas Tart to Robert Pringle. I am glad to hear of your safe arrival after so dangerous a passage, but I am sorry you cannot go for Scotland. Mr. Dick is here and reports that you would be here in two or three days, which is the cause I write so few lines at present, judging this will not come to your hands. You wrote me word that Stephen Tourner had written to Mons. Dugard to sign my accord, but he protests that he never received such order. Mercantile advices. [1¼ p.]
May 5. 51. Receipt by Hugh Walford, chief constable of the hundred of Barlichway, for 3l. 7s. 1d. received of Job Durren, constable of Hampton Curlew, co. Warwick, towards the coat-money for the soldiers. [9 lines.]
May 6. Grant to Edward Tyringham, Esq., his Majesty's servant, of a pension of 300l. for 31 years from Lady-day last, to be paid out of the farm of 1,950l. 12s. 8d. payable by Sir John Wintour, his heirs and assigns, at Michaelmas and Lady-day, or by the Receiver of co. Gloucester, out of the same fee-farm rent. And is in consideration of a surrender made by Mr. Tyringham of his demise of the mines and quarries of coal and grindstone within the Forest of Dean. [Docquet.]
May 6. Presentation of Luke Skippon, clerk, to the rectory of Hingham, co. Norfolk, void de jure and in his Majesty's gift by lapse, simony, or otherwise. [Docquet.]
May 6. 52. Note Book of Sec. Windebank, containing lists of councillors present at the several sittings of the Council, which were held on the 6th, 8th, 10th, 12th, 13th, 15th, 16th, 17th, 20th, 22nd, 26th, 27th, and 29th of this month. The King was present on the 6th, 10th, 12th, 15th, 16th, 17th, 22nd, and 26th. [24 pp., of which 9 are blank.]
May 6. 53. Minutes by Sec. Windebank of business transacted this day at the Council at Whitehall. The sheriff of Yorkshire to be sent for to be at the Board the next Council day, and the Attorney General to proceed against him, ore tenus. The Attorney to send for him presently. The sheriff to be kept close prisoner. Letters to be written to the negligent sheriffs, and if they give not better account, the Attorney General to inform against them. The lord lieutenants to call on their deputy-lieutenants [to show] how they perform the King's service. The neglect and looseness of prisons. The judges to call the prison keepers to account. The Lord Keeper to quicken the judges in this. The sheriffs of London to be at theBoard upon Friday next about the shipping-money. All lieutenants and deputy-lieutenants faulty and refusing coat and conduct-money to be proceeded with in the Star Chamber. The deputy-lieutenants of Hertfordshire to prosecute the constables that exhibited the scandalous petition. [See p. 95.] The sheriffs of London to be sent for to the Board to-morrow. Sir John Danvers to be sent for by a messenger and examined by the Attorney General. Mr. Napper, a deputy-lieutenant of Dorsetshire, to be sent for and examined by the Attorney General. If the [lord] lieutenants will furnish money, 30 men out of the county to spare those of Rye, and that the town will furnish the coat and conduct-money. It is granted. The City to be sent to concerning the loan. Earl Stanhope and some other of the nobility and the gentry. [1 p.]
May 6. 54. Order of Council, the King present. That if the Lord Lieutenants of Sussex shall furnish men out of that county to spare those 30 men directed by the Lord Warden of the Cinque Ports to be levied in the port of Rye for his Majesty's army preparing for the present expedition to the North, and that the inhabitants of Rye shall furnish the prest, coat, and conduct-money for the men so to be raised in that county, that then the 30 men shall be levied in co. Sussex and the town of Rye shall be spared, whereof as well the Lord Warden as the Lord Lieutenants of Sussex are to take notice and to give direction accordingly. [Draft. 2/3 p.]
May 6. 55. The like. At the suit of the deputy-lieutenants of Kent his Majesty present in Council did declare that he is pleased to respite the weekly exercising of the men to be raised in that county upon condition that they be brought so many days sooner to the general rendezvous and there remain so many days longer upon the county's charge. And his Majesty is further pleased that all other counties shall have the like favour, if they shall desire it, whereof the lord lieutenants of all the counties of England and Wales are to take notice and give order to their deputy-lieutenants accordingly. [Draft. 2/3 p.]
May 6.
Inner Star Chamber.
56. The like. This day upon hearing the Attorney General's report of the answers and examinations of Thomas Ball, vicar of All Saints, co. Northampton, Thomas Penteloe, of Welby, John Gifford, alderman of Northampton, and 10 others named, of co. Northampton, taken by order of this Board. It was ordered that the Attorney and Solicitor General with others of his Majesty's learned counsel should consider these examinations and answers together with the several certificates against them, and attend the two Lord Chief Justices with the same, and thereupon take such course to proceed against such of the 13 persons named as there shall be cause. And in the meantime all the parties to enter bond of 500l. a piece to answer such informations as shall be brought against them respectively on his Majesty's behalf in any of the courts of justice. Upon their entering into bond accordingly they are to be discharged from the messenger paying fees. [Draft. 1 p.]
May 6.
Whitehall.
57. The Council to the Lord Lieutenants of divers counties specified in a list, the soldiers to be raised in which counties are to be sent by sea to their destination in the North. The soldiers formerly appointed to be brought to the general rendezvous by the 20th May are now not to be brought till the 1st June, where they are to remain till the 10th of that month to be exercised and put in order by officers appointed by the Lord General, from which day they are to enter into the King's pay, albeit they may not march thence so soon to Gravesend to be shipped. They are to deliver up the arms borrowed of the trained bands when they shall march out of that county. For all other particulars concerning this service you are to cause our former instructions to be carefully observed. [Printed in Rusworth's Hist. Collects., iii., p. 1171 Draft. 2 pp.]
May 6. 58. Receipt by Henry Kyme for 12 letters delivered to him by Charles Whitaker, directed to the Lords Lieutenants of the counties of Lincoln, Huntingdon, Derby, Cinque Ports, Middlesex, Nottingham, Buckingham, Cambridge, Suffolk, Hertford, Sussex, Surrey, and Norfolk [concerning the soldiers to be levied in these counties and who are to be sent by sea]. Underwritten,
58. i. A letter for Kent delivered to Mr. Oldsworth, one for Essex to Lord Maynard, and another for Bedford to the Earl of Cleveland. [½ p.]
May 6.
London.
59. Algernon Earl of Northumberland to [Edward Viscount Conway]. I would not send the books without accompanying them with these lines which are to let you know that I have advised Moyle to make a handsome retreat rather than to be turned out of his command; a sergeant-major is recommended to me from Colonel [Arthur] Aston, [Robert] Conesby [Coningesby], but I have not received such testimony of him as gives me satisfaction, therefore for the present I have foreborn admitting of him. Now that the Parliament has failed in supplying the King, we are going about to find other means whereby the charge of this army may be defrayed. Having written lately to you there remains no more for me to say at this time. [1 p.]
May 6. 60. William Ashburnham to the same. Though I must never neglect any occasion of presenting my respects to you, yet I dare not at this time do it in that way the present affairs prompt me to, I being assured you will receive a particular account of all things from both a better knowledge and pen. I shall therefore only recommend my service to you. [Seal with device. 1 p.]
May 6. 61. Hugh Pollard to the same. I have been held here by the necessity of my affairs much longer than I expected, but this week will so settle them that I shall hasten to attend your Lordship in the beginning of the next. The great distraction which is here now by the dissolution of the Parliament and the general despair of seeing it better, with such other things as concern the State I dare not adventure to relate to you, being confident you have it from much better hands, but I have sent you by Mr. Rowdon the lamentable story of Mrs. Pyke, in metre, and such other things as are within my sphere, as the fierce combat at cuffs, which lately happened in the court between Beelzebub and Lucifer, Powis and the Doctor, if it be already printed, which was like to have been very ill for the Doctor, his eyes being almost beaten out and not able to guide him into the Parliament House, of which at last he was a worthy member, till the day before it broke up, in this Sir James Palmer is sharply accused of injustice, who, as it is said, held the Doctor whilst the other beat him, much stir there has been about it, but it now rests in the hands of the Lord Marquis [Hamilton] and the Earl Marshal, who are to judge the business, and if possible reconcile the parties. Of such stuff as this I could give you more, but I fear you will think this too much. P.S.—Your Lordship's chaplain is here, and I will bring him down with me. The Countess of Carnarvon is very sick, as was lately the Countess of Carlisle, but she is well amended. [1 p.]
May 6.
Whitehall.
Nicholas to Francis Lord Willoughby. The Lords referees in the business concerning Sir Robert Carr's children desire your Lordship to be with them on Friday, about 4 p.m., when Sir Robert Carr is also to be present. Meantime you will please give directions to your counsel to peruse the deed of trust made by Sir Robert to the end, that all things may be prepared against Friday for their Lordships determination. [Copy. Nicholas's Letter Book, Dom. James I., vol. ccxix., p. 180.]
May 6.
Winchester.
62. Sir Richard Tichborne and Sir Richard Norton, deputy-lieutenants of Hants., to James Duke of Lennox and Jerome Earl of Portland, lord lieutenants of co. Southampton. On Monday, the 4th of this present May, we met at the city of Winchester and viewed the men to be impressed for the King's service, when we found a great proportion wanting, by reason that many are run away out of the county upon the noise of the impress, and divers of those brought before us by the captains were so unfit that we refused them, so that we were enforced to give a further day for filling up our numbers. Those already impressed we retain with much difficulty for want of money to pay them, which could not so suddenly be raised upon the county; nevertheless, for the better expediting of the service, we have impressed near 1,000 with our own money, and taken order for making coats for the whole number upon our own credits until the money may be collected in the county. We doubt the possibility of our readiness against the 10th May to be at the general rendezvous, which we have appointed to be at Basingstoke; we, therefore, desire to have some few days respite to be the better prepared. Drummers and drums are veryscarce with us, save such as serve the trained bands, and these belong to the captains, who are unwilling to be at the charge of renewing them, if these must be taken from them. But that which we find hardest is the levying of the 50 horse for carriage, in which there shall want no care and industry in us. We are given to understand that there are some ship-moneys remaining in the present sheriff's hands of this county, and much more uncollected, as also some in the hands of Mr. Hunt, sheriff for last year. We desire your mediation that, if not already disposed of, it may be ordered to the benefit and advantage of this service. [Endorsed: "Received 7th May 1640. Read, but nothing done." Seal with arms. 1 p.]
May 6.
Rye.
63. William Herman, shipmaster, of Rye, to Sec. Windebank I thought it my duty in respect that Sir Richard Cave, as I suppose had his pass from you, to inform you of the disasterous accident that happened to him and Mr. Nicholls, the Prince Elector's secretary in their passage in my bark from Rye to Dieppe. We put to sea on Saturday last about 6 o'clock p.m., with a scant wind at south-west and on Sunday about noon we espied a Dunkirker of 30 tons, who gave us chase, and after a dangerous shot from a falcon and four or five musket shots, boarded us, when they beat and misused me and my men, took away our flag and cloaks, and pillaged all we had, they then entered the cabin and robbed Mr. Nicholls and Mr. Francis Waynman, a gentleman who had his Majesty's licence to travel, and abused Sir Richard Cave and his servant exceedingly, and with their naked swords beat them and tore their clothes, cutting off their pockets and taking away all their money although Mr. Wayman showed his Majesty's name and signet to his pass, which they contemptuously slighted, and having opened Sir Richard Cave's trunks, wherein were some favours sent by the King to the Prince [the Elector Palatine], and much rich apparel, all which they took away, and then hauled by force these gentlemen into their sloop, telling them in my hearing that they would carry them to Dunkirk. Most of the men of the Dunkirker were English as the captain, master, and boatswain, and about 14 or 15 more, who used us far worse than the Flemings amongst them did. Having pillaged us they put me off and sailed towards Dunkirk, and I returned to Rye, where I made the Mayor acquainted with all that had happened to us. Knowing not about what special affairs concerning his Majesty or the Prince these gentlemen might be employed, I thought good to write this to you and to send these two letters and safe-conduct which Mr. Nicholls let fall, as I suppose, secretly, that the Dunkirkers should not see them. Now, may it please your Honour to consider of this my relation, and to know that it is the prayer of the shipmasters of Rye and Hastings that you would inform his Majesty of the robberies and abuses committed on our coast by the Dunkirkers, divers barks of our town having been boarded and rifled lately, but the persons abused being of mean quality and the affronts not so nearly concerning his Majesty or his nephew the Prince, therefore the complaints were not hastily exhibited. There are now many of these Dunkirk sloops lying upon our coast, for 1 saw 34 of them, and one is within sight at the mouth of our harbour, ready to rob any ship putting to sea that they can overcome. Sometimes their men go ashore and steal sheep and frighten the King's people, but in regard of the amity betwixt his Majesty and the King of Spain, and it being a state cause to reform, there is none dare to meddle with them by force for fear of giving offence. Rather desiring it would please God and your Honour to move his Majesty to be graciously pleased to appoint a small pinnace to protect us his poor subjects from robbery and pillage, who desire peaceably to follow our lawful trades and callings whereby we may be enabled to pay scots and taxes, and to assist dutifully his Majesty according as is required of us, our town having served the King's ships with a proportion of able seamen and duly paid all our ship-scots and willingly obeyed his pleasure in all things commanded. Beseeching your Honour to pardon my rudeness I shall for ever pray for your health and happiness. [1 p.]
May 6. 64. Bond of Henry Arundel in 40l. for his appearance before Sec. Windebank when called for, to answer such matters as shall be objected against him. [Latin. ¾ p.]
May 7. Pardon to William Kingesley, gent., indicted at the last assizes for co. Herts. for a robbery on the highway of Robert Clarke and John Smith, with a pardon also of all forfeitures and punishments incurred thereby. [Docquet.]
May 7. 65. Council warrant to Robert Crosse [a messenger] to bring up before the Board Thomas Gavill, of Falcutt, Samuel Danvers, of Culworth, Thomas Emerley, of Helmdon, Richard Pen, of Middleton Cheney, and William Pargiter, of Greatworth, all in co. Northampton. [Minute. 6 lines.]
May 7. The like warrant to Edward Stockdale, messenger, to bring up John Danby, mayor of Northampton, Messrs. Creswell, Robbins, and Braye, of Farthinghoe, and Francis Frewin, of Brackley, in co. Northampton. [Written on the same paper as the preceding Minute. 4 lines.]
May 7. The like to Simon Wilmot to bring up Martin Jakeman and Robert Gilbord, constables of Warkworth, Philip Holman, John Mole, and John Rye, of Culworth, and Mr. Creswell, of Newbottle, in co. Northampton. [Ibid. Minute. 4 lines.]
May 7. The like to William Brookes to bring up Sir Thomas Pope, of Aynho, Messrs. Chamberlain, Lisley, Levens, of Evenly and Astwick [Astwell], and Thomas Goodwyn, constable of Hinton, in co. Northampton. [Ibid. Minute. 3½ lines.]
May 7. The like to David Scott to bring up Thomas Parker and Francis Tayler, messenger, before the Lords. [Ibid. Minute. 4 lines.]
May 7. The like to Robert Taverner, messenger, to bring up William Trollop, of Bourne, co. Lincoln. [Ibid. Minute. 4 lines.]
May 7. The like to Edmund Barker, messenger, to bring up Mr. Napier, [Napper], one of the deputy-lieutenants of co. Dorset, before the Lords. [Ibid. 3 lines.]
May 7. The like to [blank] to bring up Thomas Bornham and — Coppyn, officers to Capt. Lynne, captain of a trained band in co. Essex. [Ibid. 3 lines.]
May 7. 66. Order of the King in Council. The King and Lords, taking into consideration the great and supine negligence of the high sheriffs of divers counties in executing the last writs for ship-money and resolving that a sound course shall be forthwith taken for punishing them according to their demerits, it was this day ordered that the Attorney General shall be hereby required to send for the present high sheriffs of London and Middlesex, York, Berks., Surrey Leicester, Essex, and Northampton, and to examine them concerning their proceedings and performance of that service, and to proceed against them for their contempt and neglect in so important a service in the Star Chamber or otherwise, with all convenient expedition. [Printed in Rushworth's Hist. Collect., iii., p. 1173 Draft. 2/3 p.]
May 7. 67. Petition of Richard Forster, Esq., to the King. In 1631 Forster petitioned your Majesty to grant to him, in recompense of his many faithful services, all the arrears of rents and mean profits due to your Majesty for the coal mines in Benwell, co. Northumberland, which petition you were pleased to refer to the then Lord Treasurer [Weston]. Whilst he had this petition before him, Mrs. Cecily Crofts, one of the maids of honour to the Queen, being made believe that the arrears and mean profits due to your Majesty for the coal mines within four places within Benwell, called Stumplewood Head, Crosflatt, Goreflat, and the Meadow-fields, would prove to be of a good value, became a suitor for the same, and obtained a grant under the Great Seal, and thereupon proceeded in the Court of Exchequer by Information to obtain the benefit she expected. Forster being thus prevented of the greater part of his hopes, nevertheless petitioned for all the rest of the arrearages of rents and mean profits not granted to Mrs. Crofts, which suit you were pleased to grant, and he thereupon passed it in the names of two of his friends under your Royal signature, signet, and Privy Seal, but was staid at the Great Seal until the suit begun by Mrs. Crofts should be heard, which it was hoped would be shortly heard and determined. But after many hearings of that cause in the Exchequer, and also before the late Lord Keeper [Coventry], nothing is likely to be determined therein, at least for a long time, as may appear by the copy of a certificate annexed. Petitioner, therefore, begs leave, after seven or eight years patient expectation, to become a suitor to your Majesty to renew your former grant to him, and that you would give order to the Attorney General to prepare a Bill thereof for the Royal signature. Underwritten,
67. i. His Majesty is pleased to refer this petition to the Lord Treasurer [Juxon] and Lord Cottington, who are to consider thereof, and of all the former passages of this business, and to certify his Majesty their opinions of the whole business, whereupon he will signify his further pleasure. Whitehall, 7th May 1640.
67. ii. We [the aforesaid referees] desire the Attorney General to consider the nature and conveniency of this suit, and to certify us his opinion thereof. London House, 22nd May 1640. Dorso,
i. Report made by Attorney General Bankes as desired on the question of the coal mines in Benwell. 24th July 1640.
ii. Lord Treasurer Juxon and Francis Lord Cottington to the King. The state of the former proceedings in this business is laid down in the Attorney General's above-written report. We can add no more, but that having found the great trouble of the suit commenced by Mrs. Crofts for part of these coal mines, we have made petitioner declare he will avoid such extremities, and compound for some reasonable sum with Sir Peter Riddell, who now possesses those mimes, which we certify to your Majesty, submitting all to your great wisdom. 18th August 1640. [2 pp.]
May 7.
Blandford.
68. Theophilus Earl of Suffolk to [Sec. Windebank]. Since the writing of my last nothing has happened here, so that I have gone on without interruption to the finishing of all those things I had in charge. The soldiers are in readiness to have marched to their rendezvous according to the first directions the 10th of this month, but I have now received further order to defer their departure to the 1st of June, which will put the country to some further trouble, they being already fitted with all things, yet nevertheless I shall follow my last directions. P.S.—I wish that the captains sent by the King hither were as full of money as they have been in their pains for his Majesty's service here; in particular I am a witness of the great discretion and care that Capt. Owen has taken in the performance of his duty. [1 p.]
May 7.
Drury Lane.
69. Sec. Windebank [to Edward Viscount Conway and Killultagh]. Your Lordship has always more nobleness, and at this present more leisure to oblige your servants, among whom I hold it a great honour to have a place, by your letters and other favours than most of us, especially myself, have means or time to acknowledge, otherwise I had not been thus slow in presenting my thanks to you for your's of the 25th April, and your account of the state of those parts. It is well that there is so little apprehension there of the Scots' preparations, and that the forces of that nation are no more considerable. If they were able to do us mischief they have too much encouragement by the unhappy rupture of the Parliament, who have clearly discovered they like their courses so well that they would contribute nothing toward their suppression. Howsoever, the King's offer to them to abolish the shipping business, and to give them time by continuing the Parliament for their grievances, has left them inexcusable, and will justify his Majesty to God and the world that he has omitted nothing on his part whereby a better intelligence might have been settled between him and his people. As the case now is, his Majesty must resort to other counsels and ways for the preservation of the monarchy, which if they become more burdensome to them they may thank themselves. Certainly his Majesty will not be diverted from his first design of pursuing vigorously the war, notwithstanding all those oppositions and impediments cast in by his ill-affected and refractory subjects, and if he should, he must run extreme hazard of his honour and safety both at home and abroad. But how to compass it is now the great consultation. From foreign parts, namely, France, we hear this week that the Spaniards have been shamefully beaten by the French at Casale, and enforced to raise the siege, having lost 2,000 men killed upon the place, four pieces of cannon, and a great part of their baggage, which is a great defeat, and of infinite consequence to the French, and will cause an alteration in all the affairs of Christendom. The intelligence which your Lordship has been pleased thus freely to begin I beseech you to continue, and if you will make it a step to render me of more use and consideration to you, I shall hold that a great addition to the honour and happiness of your obedient servant. [2 pp.]
May 7. 70. Petition of John Yarner, clerk, to Archbishop Laud. Petitioner, late curate of Castle Eaton, co. Wilts., for about three years last past, having lived there painfully in his calling and unblameably in his conversation, is on a sudden, without warning, commanded by the present incumbent, Mr. Stanniford, to surcease all further discharge of the cure, and denied the stipend due to him. Petitioner's friends, being either far off or gone in the present expedition towards Scotland, is wholly unable to maintain himself, or take other course for vindicating his right, having already petitioned the Bishop of Salisbury, whose letters of summons being waved and declined, his honour referred petitioner to the Chancellor of the diocese, whose letters were likewise slighted. The latter, commiserating petitioner, wearied with three long journeys and great expenses, and perceiving Mr. Stanniford's conceit of his ordinary's authority to be too weak to overtake him, prompted petitioner to [apply] to a more coercive power, wherefore he implores your Grace that speedy order may be given for recovery of his stipend and charges since, and for a continuance of his livelihood until he shall be otherwise provided for. Underwritten,
70. i. Reference to Sir John Lamb. If the business will bear, the High Commission Court to award letters missive for the party complained of to answer it. 7th May 1640.
70. ii. Certificate by Bishop Davenant, of Salisbury, that petitioner formerly made his complaint to him, of the wrong offered him by Mr. Stanniford, whereupon he, the Bishop, wrote to him to be before him at an appointed day, which petitioner neglected, and since the Chancellor of the diocese has commanded him to appear before him, but petitioner has not obeyed the citation. [1 p.]
May 7.
London.
71. William Rand to [Peter Geldie]. In Mr. Hawkins' letter I received two or three lines from you, wherein I perceived that my Lord [of Leicester] has spoken with the French King concerning my business, and that his Majesty has given order to his ministers to make satisfaction to my Lord. Your care herein shall be requited, and good Mr. Baker's remembered. For myself, and all who pertain to me, we will not cease to pray for his Lordship so long as I shall live, for without his great care herein I should have been utterly undone by reason of my great losses, and my loss of time this two years, for unless that I recover from the French, I am like but to have small satisfaction from my owners for all this time that I have followed this suit, [2/3 p.]
May 7.
Office of Ordnance.
72. Estimate of the Officers of Ordnance of the charge of gunpowder, shot, match, and other munition and habiliments of war for the supply of the fort at Plymouth and St. Nicholas Island adjoining, by Council warrant dated 22nd April 1640. Totals: stores, 426l. 2s. 9d., emptions, 200l. 2s. 1d., making in all 626l. 4s. 10d. [3 pp.]
May 7. 73. List of the names of rioters in Donington and other places in Lincolnshire returned by warrant. [1 p.]
May 8. Warrant by Henry Earl of Holland, keeper of Windsor Forest, to Thomas Greene, for the keeping of Lynchford Walk, in Windsor Forest, and bailiwick of Surrey, which Sir Walter Tichborne lately held, with all fees and profits appertaining to that office during the Earl's pleasure. [Copy. See vol. ccclxxxiv., p. 77.]
May 8. 74. Note of the appearance this day before the Council of William Trollop, of Bourne-park, co. Lincoln, being sent for by warrant from the Board, but is to remain in the messenger's custody. [3 lines].
May 8. Pass for Thomas Honywood and his sister, Margaret Honywood, to go over into Holland, taking with him a man and a maid servant. [Written on the same paper as the preceding. Minute. ¼ p.]
May 8. 75. Council warrant directed to the Deputy-Lieutenants, Justices of Peace, Mayors, Bailiffs, and Constables in cos. Kent, Sussex, and Surrey. We require you to take present order for the release and discharge of Robert Tredge and John Harding, jun., lately pressed for soldiers, and of any others of the workmen in the employ of his Majesty's gunfounder, John Browne, and to provide that there be no more of his workmen or servants pressed or hindered in their works. [Draft, ¾ p.]
May 8. 76. The like warrant authorising George Payler, treasurer and paymaster of the garrison of Berwick, to take up carts, horses, and guards or convoys of men in all counties for the guarding of his Majesty's treasure that shall be sent thither. The warrant to be of the form of that for Mr. Walker, paymaster of Carlisle. [Minute. ½ p.]
May 8. The like to commit Thomas Alderne, high sheriff of co. Hereford, to the Gatehouse. [Annexed to the preceding. Minute. ¼ p.]
May 8. The like [to the Governor of the Fleet Prison]. To take into his custody Henry Bellasis, Esq., [M.P. for co. York], and Sir John Hotham, Bart., who were this day convented before the Lords, and keep them safe prisoners till further order from his Majesty or this Board. [Printed in Rushworth's Hist. Collect., iii., p. 1167. Written on the same paper as the preceding. Draft. 2/3 p.]
May 8.
Star Chamber.
77. Order of Council. By warrant from the officers of the Navy Thomas Birkhead, brazier, having been required to supply for his Majesty's special service 40 substantial copper kettles, he gave directions for their making at Jiis mill at Crayford, in Kent, but by reason of some differences between Sir Francis Lee and Mr. Champneys, the former caused the river which drove his mill to be cut into two parts, so that petitioner doubts he shall be able to perform the work. Ordered that a fcopy of Birkhead's petition, signed by the Clerk of the Council, be delivered to Sir Francis, and he be required to attend the Board upon Wednesday next at 2 p.m. with his answer in writing, when the Lords will give such further order as shall be just and fit. [Draft. 2/3 p.]
May 8. 78. Sir William Beecher and Edward Nicholas to the Lords. According to your reference we have endeavoured to settle the differences between John Thornborough, Bishop of Worcester, and the Lady Thornborough, his daughter-in-law, but being not able to prevail, we present to you the state of the said differences, as directed. Lady Thornborough being about 15 years old, and one of the daughters and coheirs of Sir John Acton, was by Sir Thomas Thornborough, son to the Bishop, conveyed from her mother's house without her knowledge, and brought to the Bishop's house, where she was detained six weeks, and afterwards married to Sir Thomas with the privity of the Bishop, as appears to us, though the same were at first denied by the Bishop's answer. It appears that she brought to her husband lands to the value of above 3,000l., but no proof has been offered to us that the Bishop promised to settle l,000l. per annum upon his son-during his life, as is alleged in the lady's petition. She has lived with two of her children out of the Bishop's house ever since Candlemas was a twelve-month, but there is no proof that she was turned with her four children out of doors Question of her jointure. Suit brought by her husband, Sir Thomas, in the High Commission Court to cause her to cohabit with him, which the Court did not think fit to require, but allowed her 15s. a week for alimony, since the order in Chancery for the investment of the 1,600l., but of which alimony she has hitherto received nothing it being suspended by an appeal to the delegates. This being the state of the business, we moved the Bishop, although he were not legally obliged thereunto, yet in regard they were his own grandchildren, that he would ease her so far as to take two of the children into his house leaving her jointure to be ordered by the Court of Wards, and the benefit of the 1,600l. to be disposed according to the order of the Court of Chancery. But the Bishop refused to make any other end than that she should live and cohabit with her husband, in which case he would receive her and her children into his house. We would have persuaded her to accept that motion, but she gave us some reasons which made us to desist from further pressing her on that point, especially the High Commission Court having not thought fit to require her thereunto; only she entreated the Bishop to give her some help for her maintenance, promising that whensoever it should appear that Sir Thomas should, for a convenient space of time, be reclaimed to an orderly and settled course of life that she might with safety live and cohabit with him, she would willingly perform the Bishop's directions therein. [2 pp.]
May 8. 79. Petition of William Stretchley to the Council. Petitioner in 1636, being bailiff of the borough of Blandford, in co. Dorset, appointed Richard Roper, then constable of the same, to collect 25l. ship-money assessed upon that borough. Roper having received 15l. 11s. 9d. became bankrupt and is fled the country. After the failure of Roper petitioner collected 7l.18s. 3d., leaving 30s. uncollected, which could not be got by reason of the death of some, and poverty of others. Petitioner has paid in the sum collected by him to Sir William Russell, and for the residue hopes the Lords will free him. Prays that he may not be punished for another's fault, but that the Lords will dismiss him from any further attendance, and free him from future trouble for this business. Underwritten,
79. i. Reference to the Solicitor General, who is to acquaint the Lords what he holds fit to be done therein.
79. ii. Note by Nicholas. The Solicitor General told me this 20th of May 1640 that upon the affidavits annexed he thought it not fit to stay the petitioner any longer. Annexed,
79. iii. Affidavit by John Sampson, of Blandford, that in 1636 Richard Roper, a woolen draper, who had formerly been twice bailiff of that borough, and was then constable, was appointed to be collector of the 25l. ship-money assessed upon that borough, of which sum Roper having collected a good part, as this deponent is credibly informed, shortly after decayed in his estate and became bankrupt, and so was proclaimed and went out of the country. [1⅓ p.]
May 8.
Denmark House.
80. Notes of business to be proceeded with [in the Queen's Court] appointed for this present Friday, 8th May 1640, at Denmark House, relative to her estates in cos. York, Lincoln, Cumberland, and Norfolk. [1 p.]
May 8. 81. Survey of particulars of the lands mentioned, being part of her Majesty's manor at Patrington, in co. York, made in April 1640, by William Seeley, deputy to Sir Thomas Hatton, Surveyor General to her Majesty, and attested this day before the Queen's Council. [1 p.]
May 8.
Carlisle Castle.
82. Sir Francis Willoughby to Sec. Windebank. I began my soldiership in August 1600. My first entrance was the battle of Nieuport, after which followed Ostend, and many other famous sieges, at which I was. In the State's service I spent 25 years, and then was called by his Majesty's commands with other captains to attend his Highness' unfortunate employments of Cadiz, Rhé, and Rochelle, and not being by his Majesty suffered timely to return again into the Low Countries to my charge, I lost my company and all hopes of future fortunes in that service, I being one of the eldest captains of the Lord Vere's regiment. In his Majesty's service I was a colonel and sergeant major-general of the King's army which being cast, I was commanded to go into Ireland, where I have spent 10 years more, and have there, by his Majesty's gracious favour, a reasonable competency, by those employments which the Lord Lieutenant is pleased to cast upon me. It was the pleasure [of the Earl of Strafford], my most honourable Lord, to make choice of me to serve his Majesty here, which I most willingly and joyfully embraced, leaving my wife, children, and family, and the little estate I had, at sixes and sevens in obedience to his Majesty's commands. This has proved to me a time of no small expense, being here forced, for the honour of my command, to keep house in his Majesty's castle as also one in Ireland, I not having had one penny, neither for my government here nor for all my pains and labour in fortifying this place, nor money given me to carry me home. I relate not this as repining at it, but only to let you know how far inferior my service is accounted of by others, whom I hold far inferior to me in point of soldiership, but as the old saying is, he that is bound must obey, and he that is free may make his own conditions, and so indeed some of our Low Country officers have done in abundant measure, but my comfort is that I serve the same gracious master. Again, I have in my 40 years' service seen and heard of many forts, towns, fortresses, and castles that have been rendered by sieges, surprises, and the like, yet I never heard of any given over but there was some blame laid upon the best deserving governors, as was upon Sir Francis Vere for Ostend, of whose wise and valiant carriage I was an eye-witness; and had he not feigned a parley with the Archduke when he was in want that town had been lost, we were so weak within, not having in nine weeks seen any ships with relief before the town, and continuing his parley got relief, broke off and saved the town; yet this blemish of parley was not wholly denied, but was by many strangely censured to his dying day. I could cite divers others where it was said the governors might have kept the place a day or two longer, or that they might by their providence and foresight have so provided as that they might have been enabled to have disputed the business longer, but I hope no such [observation] will be made on me, who am not put to any strait, only commanded by his Majesty, my master, to render to Sir Nicholas Byron my government here of his Majesty's castle and town; yet I fear some who know me well and what pains and care I have taken here, and indeed served his Majesty for bread only, and scarce that, will wonder what may be the cause of my being supplanted, especially from a place that I had now so well fortified, that were there no more done unto it the power of Scotland were not able to hurt it, yet God grant that there be no occasion to employ any against it, and what I have done I leave to the gentry of the country to relate. I have delivered to Sir Nicholas Byron, according to his Majesty's commands in his letter of 4th April, the government here, although Sir Nicholas produced no commission under the Broad seal as is specified. I have also assisted him in the knowledge of all things here fit for the King's service, as I was commanded in Sec. Vane's letter. I have delivered to him and the Commissioners appointed to receive them our companies, mustered by pole, 500 good and able men, newly clothed, well armed, and exercised; also 1,200 arms in good condition, besides a quantity of gunpowder and other munition brought from Newcastle and other places during my command here; moreover, I have left in the King's store here 11 barrels of gunpowder with bullets and match proportionable, [part] of that store I brought out of Ireland with me at my coming over. I thought fit to advertise you thus much, notwithstanding I am sure the Commissioners will send over an exact list of all. I beg the continuance of your favour, that I may be encouraged not only to send you such occurrences as those parts I live in will afford but also to be assured they will be acceptable to you. [Endorsed, "Received the 15th May and answered the 26th." 2 pp.]
[May 8.] 83. Sir William Bellasys, sheriff of Durham, to Nicholas. I received a letter from the Council for collecting the arrears of shipmoney for this county in 1637. The sum charged on me is 430l., as though I were to accompt for the whole deficit, whereas the city of Durham is 150l., the whole charge of the county being 2,000l. The truth is 100l. at least is behind for the city, and I desire that the mayor for that year may be called on to pay it in. For the remainder I have got part and promised about 160l. more, but how the rest will come God knows, for you may remember I entreated you to move the Lords to have some assistance from the Mayor of Newcastle for collecting it from those coal mines that refused to pay, the coals being all vented through Newcastle, which the Lords refused to grant me. I have caused the coals to be distrained, but there they lie, for no one will buy them, which makes me hope having done my part I shall not be required to pay in more than I can receive. Some persons who were assessed are dead, and others removed. I have threatened to bind over the collectors to answer at the Council Board for their negligence, but they allege, as formerly they did, that the times then were so troubleous, many of those assessed, being of the trained bands, were commanded twice out of the country, which was the cause it could not possibly be collected in time, and these casualties since have made it desperate. I pray you favour me so much as that I may not suffer in his Majesty's good opinion, and that you would signify to the bearer what course I should hold to discharge myself. [Endorsed: "Received 8th May 1640." Seal with crest. 1 p.]
May 8/18.
Paris.
84. Robert Earl of Leicester, English ambassador at Paris, to [Sec. Vane]. It has been reported here that he who should have brought the French letter from the Scots to the King of France, is the same Colvill who lies prisoner in the Tower. As for William Colvill, I partly knew where he was, and I think I could find him out, if he be not lately removed, but how to send him over I do not see any possibility, for either it must be by sleight or by authority of this State; the first is to my conceipt impossible, for though I could get him into my hands I should not know how to convey him away, nor send him over, unless these ministers were acquainted with it, considering how many towns he is to pass through, and that he must be embarked at some port; so as without all question somewhere or other notice would be taken of him, and he would be stayed unless the action were avowed by this State, for it is not to be done here [in France] as the Spanish ambassador not long since did at Rome, put a delinquent in a coach and hurry him quickly into another prince's dominion, and yet you know that has been very ill taken by the Pope, as a violation of the privilege of [his] sovereignty to protect those who seek for refuge. And to desire the authority of this State to arrest Colvill and to conduct him into England is a thing that I doubt would hardly be granted here, unless the person were a notorious traitor, of which I have not proofs to allege against him, for peradventure the man may say that he knew nothing of the letter and that he cannot be made guilty of so great a crime by the intent of others to employ him. [The original despatch is in the foreign correspondence. Extract pp.]
May 8. 85. Brief addressed to Lord Keeper Finch, expounding the case of Edward Maria Wingfield, of Keyston, Hunts., son and heir apparent of Sir James Wingfield, complainant, against John and Robert Gillett, defendants, prays Finch to grant a writ of subpœna to be directed to the defendants. [Damaged by damp. 31 pp.]
May 8. Indenture between Thomas Earl of Berkshire and Alice Davenport, widow, of Fleet-street, in the parish of St. Dunstan's West, London, whereby the Earl grants to Mrs. Davenport one moiety of one part of the remaining third part in 40 parts to be divided of the profits accruing from certain kilns invented by the said Earl for drying of malt and hops, and for other purposes specified, and for which he has obtained letters patent securing to him the sole right of use for 14 years. [This document was originally dated 15 Car. I., 1639, but altered to 16 Car. I.; sheet of parchment. See case E., No. 22.]
[May 8.] 86. Petition of Thomas Alderne, sheriff of co. Hereford, to the King and Council. Petitioner dwelling within the city [of Hereford], and exercising the office of proctor within the Bishop's Consistory Court there, although his estate did not exceed 120l. per annum, was nominated as a man fit to be chosen sheriff. In the execution of which office he has laboured to execute the writ for ship-money, but being sick and lame he could not travel in person so was enforced to employ officers therein, who rather expected the issue of a Parliament, than were willing to put warrants in execution as by several certificates to this Board will appear. Prays that he, paying in the money already collected, may be discharged from prison and have license to depart, that so he may endeavour to levy the residue of the ship-money which he will willingly do to the utmost of his power. [1 p.]
[May 8.] 87. Petition of Thomas Alderne almost identical with the preceding. [1 p.]
May 9.
Whitehall.
88. Warrant to Attorney General Bancks. Whereas the fines for finable writs issuing out of the Court of Exchequer being the fountain of justice returnable into the Court of King's Bench, and before the justices of Common Pleas and other the Courts of Record, are an ancient flower and prerogative of our Crown of England, and an acknowledgment of our sovereign power in whose name and "teste" all original writs do issue forth, and a means also by the ancient municipal laws of this realm to support our ordinary charge in the administration of the public justice of the kingdom. And whereas we are given to understand that for many years past these fines have not been answered and paid to us, nor to King James, as of right they ought. Our will is that you prepare a Bill for our Royal signature containing a commission to Lord Treasurer Juxon, Robert Earl of Lindsey, Lord Chamberlain, Edward Earl of Dorset, Lord Chamberlain to the Queen, Francis Lord Cottington, Chancellor and Under-Treasurer of the Exchequer, Sir John Lambe, Chancellor to the Queen, Sir Edmond Verney, Knight Marshal, Sir Paul Pindar, Sir Thomas Merry, Sir Richard Weston and John Page, Barons of the Exchequer, Sir John Bancks, Attorney General, Edward Herbert, Solicitor General, Gilbert Boone, Sergeant-at-law, Edward Nicholas, Thomas Powlet, Michael Grigg, Lawrence Whitaker, and eight others named. This commission is to give them authority to inquire and examine upon oath and other ways what sums have from time to time been received for fines upon such finable writs from 1st April 1603 to this present date, by whom, of whom, when and upon what writs, and whether the persons who have received the money have duly accompted for the same, and if not, whether they did receive it to his and their own use, or to the use of any other persons, whether these be living or no, and if dead, then who ought to be responsible to the King for the same, the Commissioners to have power to examine witnesses upon oath and to sue forth commissions to such persons as any three of them shall nominate, whereof the Lord Treasurer or Chancellor of the Exchequer for the time being to be always one, and they are to sue in the King's name for the more speedy recovery of the money. The Commissioners and those appointed by them are also to have the free search and perusal of all records, books, and writings concerning these fines. They are to have full power to compound with any persons touching the said premises for such sums to be paid to the King's use as they shall find meet, and payment of the money is to be made to Michael Grigg, whom we will to be appointed receiver, with a per-centage of 6d. in every 20s. so received for his reward. The Commissioners to be empowered to release, exonerate, and discharge all persons so compounding, and their certificate shall be accounted a sufficient warrant to the Attorney General for the time being to prepare bills for their pardon and discharge and to the Lord Keeper for passing the same under the Great Seal. [Signed but not sealed. 12/3 p.]
May 9. 89. Council warrant to Robert Taverner, messenger, for the arrest of Thomas Hall, Henry Carre, John Holmes, Thomas Creswell, Solomon Bartloe, W. Carre, Richard Wright, David Collins, John Browne, Richard Molton, and Christopher Baker, all of Donington, in co. Lincoln. [Minute. ¼ p.]
May 9. The like to Edmond Barker, messenger, for Thomas Barnham, and Mr. Coppyn, both officers to Capt. Lynn, commanding a trained band in Essex. [Written upon the same paper as the preceding Minute. ¼ p.]
May 9. The like to Edmond Davenport, messenger, for Thomas Browne, Edward Moore, Henry Wiles, James Briggs, John Nicholson, Robert Nicholson, Thomas Panke, John Lightfoot, Edward Buddle, John Templer, W. Armesby, and George Bell, all of Bourn, in co. Lincoln. [Ibid. Minute. ¼ p.]
May 9. The like to John Lisney, messenger, for Thomas Baxter, of Pointon, Thomas Bird, George Snary, John Sayer, Richard Hopwood, John Johnson, W. Morris, Thomas Burton, Robert Woods, Robert Hareby, Robert Dover, and John Glen, all of Bourn, in co. Lincoln. [Ibid. Minute. 4 lines.]
May 9. The like to Thomas Waterworth, messenger, for John Couldham, John Rayner, Andrew Lightfoot, William Symonds, and Edward Harding, of the city of Norwich. [Ibid. Minute. 3 lines.]
May 9.
Berwick.
90. Sir Michael Ernie to Sec. Windebank. I am bold to trouble you in a little business that concerns me in my absence. The bearer, Thomas Potter, and Thomas Ingersole were witnesses for me about two years since in a suit I had with John Simons, whom I proved perjured at the assizes at Chelmsford, and had preferred a bill against him in the Star Chamber for perjury, and against his master, Samuel Playstoe, for subornation, but was prevented from proceeding against them by this business which I have in the King's service. These two men, who are known cheats, now take advantage both of my not proceeding and of my absence to sue the two witnesses of mine above mentioned upon the Statute of Perjury and make the King a party. My desire is that there may be no proceeding against them until I can come and answer for myself, for it much concerns me in my credit. [Seal with device, boken. 1 p.]
May 9/19.
91. Andomarus Johannes Aslon, abbot of the Scotch monasteries at Regensburg [Ratisbon] and Wurtzburg, to Sec. Windebank. Having written twice about the state of the wars here and hearing nothing from you I was minded to surcease, but at last receiving a letter from Sir William Howard I perceived that such my willing mind to gratify you and the State was well taken, which shall encourage me to continue, hoping at some vacant occasion you will honour me with a letter, which as shall be most grateful to me, so I shall not be slow in requiting the like favour with my best offices and respects, The letter enclosed declares the present state of things here. [Endorsed: "Received 20th May, our style." ½ p.]
May 9. 92. Sir Henry Vane, jun., to his father, Sec. Vane. Last night I received the enclosed propositions from Sir Christopher Wray, and would have waited on you with them myself, but was sent for by the Lord Admiral [the Earl of Northumberland] to attend him with all possible speed, and from thence I am to go to our office. I make bold to present my opinion how these demands may be reconciled to both your satisfactions, which is if you shall please to make 600l. per annum jointure and present maintenance and to let the demesnes of Barnard Castle be part thereof, which at present only yield 230l. per annum, but in six years will improve 100l. or 120l., and some 10 years hence another 100l., which improvements as they shall fall in you may let become additions to the jointure and maintenance. I conceive it right fully to satisfy Sir Christopher Wray, and I hope in respect of the time before they will improve it will be no great inconvenience to you or your affairs. [Seal with arms, broken. 1 p.] Enclosed,
92. i. Propositions [by Sir Christopher Wray] for settlement of the maintenance and jointure to be allowed his daughter upon her marriage with Sir Henry Vane, jun. [1 p.]
May 9.
Queen-street.
93. Robert Scauen to Nicholas. My Lord [the Earl of Northumberland] prays you to look over your notes and to certify him this morning what money is to be paid for arms of all sorts which are directed to be provided, either in Holland or here at home. Underwitten,
93. i. Notes by Nicholas making the calculations required. [Seal with arms. 1 p.]
May 9. 94. [Nicholas to Robert Scauen]. There was to be paid for arms for infantry in all, 55,319l., for arms for horse, 10,652l. Total, 65,971l. Whereof has been already issued 38,000l., so there remains to be issued for arms 27,971l., besides what is to be further issued for match, tents, and carts. [Draft. ½ p.]
May 9.
Kingsthorpe.
95. Deputy-Lieutenants of co. Northampton to William Earl of Exeter, Lord Lieutenant of that county. We have received your letter of the 26th March, together with a letter of command from the Lords requiring us to levy 550 foot soldiers out of the trained band within this county, which number being divided equally gives 275 for our west division. We sent forth our warrants for the men to appear before us in three places within the shire most convenient to each hundred, to be exercised and trained there by Captain Gray and his officers appointed by the now Lord General of England [the Earl of Northumberland]. Capt. Gray has in all points fulfilled [his duty] both in assisting us in the choice of the men and the execution of those commands laid upon him. He has also undertaken to give your Lordship a full relation of our proceedings and of the obstinacy of these men in refusing utterly, as we conceive, to be either disciplined or delivered up to any other captain except their own train captain. [1 p.]
May 9.
Dover.
96. Sir Richard Cave to [Sec. Vane]. Upon Tuesday 28th April I went from London to Rye, where I found an English bark bound for France, wherein because divers French had agreed for their passage I would not go, but hired another English bark for Messrs. Wenman [Waynman], Nicholls, and myself. The weather was so ill and the wind so contrary that till Saturday I could not stir, but that afternoon I set sail. Particulars of their voyage and capture by the Dunkirkers, as already narrated by William Herman, shipmaster of Rye, in his letter of May 6 [see No. 63]. The Dunkirk captain, not satisfied with having sent his men aboard to insult us and search our vessel, the second time came himself, and at last having taken all the money, rings, cloaks, coats, and other things with great insolencies, struck us, cutting our pockets and breeches. He then carried the boat to Dunkirk with our trunks, out of which, amongst other things, the Dunkirkers took the collar and order of St. George which we were carrying to the Elector Palatine. Arrived at Dunkirk after the loss of three days, the chief of our things were restored and ourselves dismissed, though still the passports and letters, which we showed, under the King and Queen's own hands were refused and not looked at. I came from thence, having hired a boat for Dieppe, but the wind changing when we were almost at Boulogne I came hither [to Dover] last night about 11 o'clock, and am now resolved to take my passage this morning in the passageboat for Calais. The owner of the Dunkirk ship which took us is a rich man. I have made my protestation against him and the captain for anything which has or may redound to the prejudice of his Majesty's interest and for all charges which may come by reason hereof, besides the breach of privileges, personal injuries, and the like. This I have done by public notaries. I would not give you this trouble but that I think myself bound to render this account to his Majesty and out of particular respect to yourself. I am called upon to begone, and, therefore, beseech you to accept my thankful acknowledgments. [4 pp.]
May 9. 97. Petition of Robert Pierce, clerk, vicar of Aberdaron, co. Carnarvon, in the diocese of Bangor, to Archbishop Laud. Petitioner is an incumbent residing upon his vicarage above 200 miles from London, and has wife and children, with a stipend not exceeding 20l. per annum. Having incurred the displeasure of a gentleman of power within his parish, who although he has no just complaint to make against petitioner to his ordinary, nevertheless, for petitioner's greater vexation, has suggested some such matter of articles to the High Commission, as has obtained letters missive against him. Such is petitioner's poor estate and the distance of his abode, that if he be driven to come to London to answer these articles the very journey will half undo him and enforce him to leave the cure of two churches appertaining to his poor vicarage unsupplied during his absence. Prays that in regard of his poverty and great charge he may have the favour to answer articles by commission in the country. Underwritten,
97. i. Reference to Sir John Lamb to consider the articles exhibited against petitioner, that such further course, upon account given, may be taken as is fitting.—May 9, 1640. [1 p.]
May 9. 98. Petition of Thomas Farbeck, vicar of Ketton, co. Rutland, in the jurisdiction of the Dean and Chapter of the Church of Lincoln, to the same. Your Grace's Vicar-General in the first Metropolitical Visitation did under seal of the Court enjoin all the inhabitants of the parish of Ketton to come up to the chancel's [rails] of the Lord's Table, there reverently to receive the Sacrament, and in the visitation of the Dean and Chapter of Lincoln the church-wardens were commanded to present all such as refused so to draw near as being delinquents against the order of Holy Church. All the inhabitants of the parish according to their duty obey these injunctions of their ordinary, except Mr. Armin, J.P., and Cecily, his wife, who have for these four years past refused to communicate in their parish church, because petitioner would not, against his conscience and oath of canonical obedience, recede from the injunction of his superior and come forth of the chancel to the great scandal of all his other parishioners and the abetting of them in their refractory dispositions. For this cause a bill of indictment was preferred by a late servant of Mr. Arnim against petitioner and returned Billa Vera by the Grand Jury, so that petitioner not being able by reason of his extreme poverty to traverse it must be forced to submit as a delinquent against the laws of the kingdom, unless by your gracious favour he be vindicated from the potency of his adversaries. Prays your Grace to take his cause into your consideration and to relieve him in such manner as shall seem best to your wisdom. Underwritten,
98. i. Reference to Sir John Lamb and Dr. Duck to consider of this petition and at their next leisure to give me an account of their suggestions.—May 9,1640. [1 p.]
May 9. 99. Petition of Anthony Falkoner, or Faulkner, of Uppingham, co. Rutland, to the same. Petitioner being church-warden of Uppingham, did by virtue of his oath make presentment of divers delinquencies and wants of the repair of the church in your Metropolitical Visitation and in divers visitations of his ordinary, according to the articles respectively given in charge and never had any personal suits either in the ecclesiastical or secular courts, but only in matters relating to his office, and in discharge of his duty and conscience, yet notwithstanding after many ways taken to disgrace and undo him, was at the last assizes of Oakham indicted and condemned for a common barreter [quarreller] and grievously fined without pretence of anything, save only the matter and manner of his conscientious discharge of the office of church-warden to his utter undoing and disservice of the Church by discouraging all others in the like kind. For the truth hereof he refers to the ordinary and chancellor of the diocese and the rectors of the said parish respectively. Prays his Grace to take this cause into his consideration and to afford him such assistance as may seem best. Underwritten,
99. i. Reference to Sir John Lamb and Dr. Duck to consider of these suggestions and give Laud an account what they conceive fit to be done in this business, that thereupon further course may be taken.—May 9, 1640. [1 p.] Dorso,
99. ii. Note by Lamb and Duck appointing to hear the suggestions in this petition in the dining room of Doctors' Commons on the 16th June next, when Everard and Lyon Faulkner, Thomas Burnaby, and Everard Wilson, who are said to be parties concerned in this petition, are required to be personally present.—London, 29th May 1640. [⅓ p.]
May 9. 100. Account by Sir William Russell and Sir Henry Vane, jun., treasurers of the Navy, of ship-money received by virtue of writs of 1639. Total, 15,032l. 10s. 5d. Mem.—Paid in at Portsmouth by the Sheriff of Hants. 2,000l. The Sheriff of Anglesey, in North Wales, has sent up all the ship-money for that county, which will be paid in this day or on Monday. The Sheriff of Durham has collected 1,200l. there as he intimates by his letter. Underwritten,
100. i. Received this week of the arrears of ship-money for the last year. Of the late Sheriff of Hereford 97l. 18s. Of the late Sheriff of Stafford 100l. [1 p.]
May 9. 101. Account of ship-money for 1639 levied and remaining in the hands of the Sheriffs. Total 7,057l., making with 15,032l. paid to the Treasurers of the Navy, 22,089l. This week were paid in 197l. 10s. of the arrears of ship-money for 1638, but no part of the arrears for preceding years. The arrears were, for 1635, 4,536l.; 1636, 6,896l.; 1637, 16,832l.; 1638, 13,670l. [1 p.]
May 9. 102. Examination of Sir William Douglas, Knt., sheriff of Teviotdale, taken this day [by Sec. Windebank]. To the first interrogatory he deposes that he never had any conference at all with any of the Lower House of Parliament, saving that he met in the cockpit at the playhouse in Drury-lane with Sir William Withrington [Widdrington] and Sir William Carnaby, but had no speech with them concerning any business of Parliament, nor did anything but salute them. The second and third are answered by the first interrogatory. To the fourth he saith: He knows not where any of these books are, nor ever saw any of them but that at the Council table. Of the fifth he can say nothing. There was no moving at all on his part in this business, and, therefore, he can say no more to it. He had no commission from Scotland to represent anything to the Parliament, neither does he know that any such thing has been represented. [1 p.]
May 10. 103. The like examination of Robert Barclay, Esq., one of the Scotch Commissioners, taken by Sec. Windebank. To the first interrogatory he saith: That he never had any set conference or direct meeting with any members of the House of Commons during the Parliament, having been prisoner the first 15 days of the sitting of the Parliament. At a goldsmith's he accidentally met with a gentleman whose name he knows not, but who was said to be a Parliament man, and demanded of him what had been done that day in the Lower House. The gentleman told him they had been debating whether the King's supply or their grievances should have precedence, and that the House was well inclined to grant his Majesty a supply, so they might have their grievances redressed, which is all the discourse he can remember that passed between them, saving that examinant expressed a wish that they might make peace between his Majesty and the subjects of Scotland. To the third interrogatory, he says that he knows nothing of that declaration at all, and that he never advised with any of that House, nor ever spake with any of them otherwise than is before expressed. To the seventh, that he had no commission from Scotland for any other business but for that for which they were sent hither to his Majesty and with which they acquainted the King, which was their instructions showed to his Majesty. [1½ p.]
May 10 104. Order of Council, the King present. The Earl of Stanford this day acknowledged that he had in his hands and keeping six draught-horses which were sent last year by the county of Leicester to serve for drawing carriages for the army in last summer's expedition, which horses his Lordship affirmed were appraised but at 24l., and that he intended to pay this sum for them as soon as he should see the accompt for that business perfected. His Majesty much disliking that any particular man should presume to take upon himself to detain, without leave of the Lord Lieutenant of the county, any horses which were raised upon the general charge of a county, it was ordered that the Earl of Stanford be hereby required to deliver up the six horses in as good state as he received them, to be by order of the lord lieutenants of co. Leicester disposed of for the public benefit of that county. The said lord lieutenants are to give an account to the Board by the first day of next term what shall be by that time done in performance of this order. [Draft. 1¼ p.]
May 10.
Whitehall.
105. Order of Council, the King present. This day John Crew, Esq., being convented before the Board and required by his Majesty to deliver up to [Henry Elsynge], clerk of the House of Commons, all such petitions, papers, and complaints as he received, being in the chair at the Committee for Religion, refused to obey his Majesty's and the Lords of the Council's command therein, albeit it was declared to him to be agreeable to the practice and course of all others who had served in the like employment at committees appointed by that House of Parliament, for which his obstinate refusal he was by his Majesty's command committed close prisoner in the Tower of London. Underwritten is the following paragraph, but cancelled.
105. i. And the said Mr. Crew being further required by one of the Clerks of the Council to tell where these petitions and papers were, said he had delivered the same into the hands of other persons whose names he refused to tell. [Draft. ¾ p.]
May 10. 106. Warrant of the Council to [Sir William Balfour], lieutenant of the Tower. To receive into his custody John Crew, Esq., and keep him close prisoner in the Tower until further order from the Board. [Minute. ½ p.]
May 10.
Whitehall.
107. Order of Council, the King present. That the Lord Mayor and Aldermen of London shall transmit to them in writing a list of such persons in their respective wards as they conceive to be able, collectively, to lend his Majesty, upon security, 200,000l., and further they are to certify their several opinions what every individual is able to subscribe. [Printed in Rushworth, iii., p. 1181. Draft. 1 p.]
May 10.
Whitehall.
108. The like order. That the Attorney General be required to examine Sir Nicholas Rainton, Knt., alderman of London, Alderman Geeres, and Alderman Atkins, who having been made acquainted with his Majesty's urgent need of the loan of 200,000l., refused to set down the names of those able to lend in their respective wards. Having taken their several examinations the Attorney General is to take present order for proceeding against them for their contempt, by information in the Star Chamber or otherwise as he shall conceive to conduce most to the King's service. [Printed in Rushworth, iii., p. 1181. Draft. 1 p.] Underwritten,
108. i. Attorney General Bankes to Nicholas. I conceive it material to intimate in this preamble that the money to be lent was to be employed for the defence of the realm, and that other aldermen gave his Majesty a satisfactory answer. It will be well to show this draft to some of the Lords. I pray return me this order with all convenient speed, that I may go about the present examination of these aldermen, and send a messenger that they may he with me at my chamber at 2 o'clock this day, 11th May 1640.
May 10. 109. Warrant of the Council to the Warden of the Fleet to take into his custody Alderman Somes, and keep him till further order from the Board. [Minute. ⅓ p.]
May 10. The like to the Keeper of the King's Bench to take into his custody Alderman Atkins. [Written on the same paper as the preceding. Minute. ⅓ p.]
May 10. The like to the Keeper of the Marshalsea for Sir Nicholas Raynton. [Ibid. Minute. 3 lines.]
May 10. The like to the Keeper of the Gatehouse for Alderman Geeres. [Ibid. Minute. 2 lines.]
May 10. 110. The Council to [Henry Lord Maltravers], lord lieutenant of Surrey. To take order that the trained bands belonging to the borough of Southwark be drawn forth and put in readiness, under arms in St. George's-fields on Monday next in the morning. [Printed in Rushworth, iii., p. 1173. Draft. 1 p.]
[May 10 ?] Petition of Thomas Bell, vicar of All Souls, [North]ampton; Thomas Pentlow, of Wilby; and 11 other persons, all of co. Northampton, to the Council. Owing to some complaints made to the Lords, petitioners have been taken into the custody of messengers and are come up and have entered their appearances. Being altogether ignorant of any offences by them committed whereby they have incurred the Lords' displeasure, and for that they attend here at great expense, they pray that they may be speedily called to answer what shall be objected against them or else be discharged from any longer attendance. [Written on the same paper as the preceding. ½ p.]
May 10.
Berwick.
111. Sir Michael Ernle to Sec. Windebank. I have received your letter of the 7th present. I will take care that the munition and arms shall be taken on shore and carefully kept. Captain Stradling has sent three other ships into the Holy Island, two laden with coals and the other with salt. The masters and mariners I have sent into Scotland, for I knew not how to dispose of them here. I could learn nothing from them, they pretending themselves ignorant of all proceedings. I cannot perceive that the Scots' forces are so easily drawn together as they brag of. The King has strengthened this garrison with horse and foot, and I could wish that we might have order to attempt something, for I doubt not I could fetch in all the chief Covenanters in these parts or make them fly the country as far as Edinburgh. I cannot believe that ever they will make any attempt upon the Castle of Edinburgh if the Governor be true to the King, as I doubt not but he is. I have nothing more to inform you at this time. [Seal with arms. 1 p. Dorso: "Received the 13th."]
May 10.
Rye.
112. Sir William Fitzwilliam to Sec. Vane. I have been divers times to wait on you to receive your commands for France, but through your multiplicity of affairs was debarred from seeing you. The service I have undertaken would not permit my longer stay. I find here at Rye divers lets and incumbrances unexpected, having the King's pass, procured by your favour, for myself, wife and family, consisting of 30 persons and 8 horses. They will not permit me to pass the horses without paying 30l. customs duty, only because "free from custom" was not expressed in my warrant as in most others granted for transporting horses into France. Be pleased to procure for me the insertion of the words "mare or horses" and "free from custom" into my warrant. From Rye, where the pirates at sea are very busy with all that go towards France. [Seal with arms. 1 p.]
May 10.
Burdrop.
113. Sir William Calley to Richard Harvey. I am heartily sorry to hear of the sudden dissolving of the Parliament, which I doubt has been occasioned by some violent froward heads of the Lower House. I pray God it may succeed well in the end, for I am persuaded that the King would not have dissolved it so suddenly at this time, but upon some great occasion, and I fear me we shall all smart for it. I pray you, if time serve, seek to get mine and my friend's bonds out of the Exchequer. [Seal with arms and crest. ½ p.]
[May 10 ?] 114. Information for the Government. Some of the House of Commons have had conference with some or all of the Scotch Commissioners, advising them to acquaint the House of Commons with the state of their grievances, or words to that effect. The Commissioners replied that they were now in the King's hands, and should they be known to prefer their grievances to the House of Commons the King might cut off their heads; besides they had no warrant from Scotland so to do. But the Commissioners advice to them was that they should get the book entitled "the Scottish Declaration to the English," and gave them direction where they might have the book. That book [see Spalding, i., 191] did at large set down the most part of their grievances. And upon the perusal of that book, if the House would be pleased to send for them, then they would come and declare all. It is further informed, that it was first agreed between them that this book should not have been brought into the House till Thursday [May 7], at what time Dr. [Wm.] Beales' business was to be handled; but fearing the Parliament might break up before, it was otherwise resolved on Monday night [May 4], that the next morning [May 5] the book should have been produced, and, as he conceived, by Mr. Pimm who should have spoken then also in that business. The Scots' Commissioners, and especially one of them whose name is Bartlett [Robert Barclay], hath had often speech with some of the Lower House men touching these businesses. Underwritten in a different hand,
114. i. Mr. Patrick Young [Keeper of the Library at St. James's] would be examined what some of the Lower House have said to him about this business. [2/3 p.]
[May 10.] 115. Interrogatories based on the preceding "information" to be administered to Sir William Douglas, sheriff of Teviotdale, and Robert Barclay, petitioners for the Scottish Covenanters. [See Nos. 102, 103.] 1. Have not some of the House of Commons had frequent conference with you during the time of this last Parliament concerning the business of Scotland, did they not advise you to acquaint that House with the state of your grievances, or had you not discourse to that effect ? 2. Who were they of that House that conferred with you, and upon what particulars fell you, and where were your meetings held ? 3. Did not you advise those of that House that conferred with you to get the book entitled "the Scottish Declaration to the English," telling them that the most part of your grievances were set down at large there, and did you not say further to them, that if upon perusal of that book the House should think fit to send for you, you would declare all, or somewhat to that effect ? 4. Did you not give them direction where they should find the said book, and have any of them the same now, and from whence had they it, or if they have it not, where is it ? 5. Should not the said book have been brought into the House of Commons, and when and by whom should it have been brought thither ? 6. From whom did this business first move, from you to them, or from them to you, and who were the instruments employed between you and those of the House of Commons ? 7. Had you any commission from Scotland to represent the state of that business to the Parliament here, if you had any such produce it ? [1¼ p.]