Charles I - volume 485: October 15-31, 1641

Calendar of State Papers Domestic: Charles I, 1641-3. Originally published by Her Majesty's Stationery Office, London, 1887.

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'Charles I - volume 485: October 15-31, 1641', in Calendar of State Papers Domestic: Charles I, 1641-3, (London, 1887) pp. 139-152. British History Online https://www.british-history.ac.uk/cal-state-papers/domestic/chas1/1641-3/pp139-152 [accessed 23 April 2024]

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October 15-31, 1641

Oct. 15/25,
Paris.
1. Richard Brown, English Ambassador at Paris, to Sec. Vane. Yesterday I obtained sentence of mainlevee in the Admiralty of a Scotch ship laden with coals seized at Calais, and likewise of some other goods laden in a Yarmouth bark at Dunkirk for one Mr. Cardro of Yarmouth. But unless his Majesty's subjects be hereafter to carry charterparties, making appear plainly to whom their goods belong, I cannot promise them the like success another time. A strange law they have here, taking that to be enemies' goods which doth not most evidently appear to belong to friends. [Extract of original letter in the foreign correspondence. 2/3 p.]
Oct. 18,
Edinburgh.
2. Extract of a letter from the King to Edward Nicholas, Clerk of the Council. I hear it is reported that I am resolved at my return to alter the form of the Church government in England to this here. Therefore I command you to assure all my servants there that I am constant for the doctrine and discipline of the Church of England as it was established by Queen Elizabeth and my father; and resolve, by the grace of God, to live and die in the maintenance of it. Headed: Extract of a letter written with his Majesty's own hand to Mr. Nicholas, Clerk of the Council, bearing date at Edinburgh, 18 Oct., [and circulated amongst the Peers on the 25th Oct. ½ p.]
Oct. 18. 3–4. Two other copies of the same.
Oct. 18/28,
The Hague.
5. Elizabeth Queen of Bohemia to Sir Thomas Row. Yours of the 16th of this month was most welcome, bringing the assurance of Rupert's liberty, for which I have a double obligation to you, both that he hath his liberty, and on such honourable terms. I cannot express my thankfulness sufficiently. Dr. Spina, I think, is in love with you, for he writes so fully how you have wrestled with so much labour to overcome all difficulties. I send you a letter for Rupert, where[in] I command him to follow your advice in all he shall do there, and to return hither as soon as honestly he can. I do not forget to tell all the French how he is out without any condition imposed upon him,—to their shame, who did not so to his brother though their conditions were much different. I must confess the Emperor has shewed a great generosity in this; I pray God he do it in the main business; but I fear, having displeased the Duke of Bavaria in this, he will not dare to do it in that. However, I shall still think myself beholden to him for this civility. I pray God I may have occasion to requite him in the like if we must continue enemies. You have done very well to write as you have done into England, for I fear this compliment of the Emperor's will give occasion to those, that you know have no mind to war, to persuade the King too much to trust and linger out the treaty. The Prince is here, but tormented with your disease, the gout. P.S.—I leave it to your discretion whether or no I should make a compliment by you to the Emperor for Rupert's liberty. [1¾ pp.]
Oct. 18/28,
Holyrood House.
6. Charles Louis Elector Palatine to the same. Do not believe your wanting more particular directions upon your propositions proceeds from any neglect of your person or advertisements; but their being of great consequence, and his Majesty's absence from his Privy and Great Council of England bars you from having any more particular order upon them till the King's return for England. The King and all we that are interested in it are much satisfied with the good success you have had about my brother Rupert's liberty; your obtaining it is a master-piece, and makes me conceive the more hope of the rest of the negotiation. The King did intend and promise me to write to you divers times, but still some new occurrence has diverted him. He has given Mr. Secretary [Vane] order to answer Count Leslie's desire by you to this effect, that he shall be sure of a good place for his brother, either with King or Prince, according as the success of your negotiation shall prove to his Majesty's contentment; and I desire you to assure him that my part shall be to be an earnest solicitor for him with the King, where I will also be your agent. P.S.—Mr. Secretary [Vane] persuades me that there is very good order taken for your moneys. My ministers cannot enough praise the care and industry you show in my business, and the favour you show them, whereof I shall ever be very sensible. [Seal with arms and crown. 2 pp.]
Oct. 18. 7. Note of Archbishop Laud's wearing apparel, now in the custody of Thomas Sadler in the wardrobe at Lambeth and at the Tower. Endorsed by Laud: "The note of my clothes at Lambeth and the Tower." [2¼ pp.]
Oct. 18. 8. Perambulation of the Forest of Windsor, Berks. As found by inquisition taken at Twyford on this day. [Latin. 11 pp.]
Oct. 19. 9. Certificate by the churchwarden and constables of St. Andrew's, Holborn, made according to the two orders of Parliament. Names of soldiers lodging in Purpole [Portpool] Lane, and Gray's Inn Lane, who are certified to be of honest life. And for visited houses and strong watches our care has and shall be still continued, as in duty we stand bound. [1 p.]
Oct. 20,
London.
10. Certificate of Sir Edmund Wright, Lord Mayor, to the Council. By your order of the 12th present I am required to certify what execution has been done upon the order made by the Committees of Parliament for the sending away of disorderly and loose persons, and the repair of the disbanded soldiers of his Majesty's army to their own houses; also what defaults and offenders I find touching the shutting up of infected houses. For the first I have caused publication to be made with two drums, that all such persons should forthwith depart the city and liberties; which wrought such conformity that since there are few or none to be seen. Also with as much care as possible I caused to be shut up all infected houses, and set the bill with "Lord have mercy upon us," and a red cross on the doors, and relieved such as have been poor and needy. John Archer, of Aldermary, a victualer, secretly took the bills off when put on, and was seen to go forth three or four days after his house was shut up, getting out at a cellar window. Also Richard Shawe of St. Sepulchre's parish, buried one out of his house [who died] of the sickness, and made a public burial, though forewarned to the contrary; but his house is since shut up. [1 sheet.]
Oct. 20. 11. Certificate of the Justices of Peace for Middlesex to the same. On the same matters as the above. None of the disbanded soldiers remain in this county, except such as reside here; only two, lodging at an inn, were brought before us, and one of them alleged he would be gone into his country when he had an answer from the Parliament to a petition touching some detention of wages; the other was very shortly to be settled in service. No complaint is made of any robberies or disorders done by any of them, but such as some of us have drawn to question, and the watches in all places near London are duly kept and much increased. For the shutting up and restraining of persons infected with the plague, many secretly escape out of their houses after the infection is begun and before it be discovered, and great numbers accompany the dead bodies to burial in the night. These things are done before we can prevent them, and divers other cases for which we have no law to punish frequently happen; and these we conceive to be the chief causes of the spreading of the infection. [1 p.]
Oct. 20,
Magdalen College.
12. Laurence Smith to his father Sir Thomas Smith. I have sent you my accounts, which my tutor and I have cast up, and find to exceed the 20l. you sent me by 6l. 6s. I hope and believe you will find them reasonable; for my own part I have been as careful and provident as it is possible for a commoner of Magdalen to be. Thinks they can easily bring his brother Frank in Demy next Magdalentide. Requests his father to write to Mr. President about it, letting him know your intentions, and on what grounds you go, being much animated by the favours he has showed to my brother Thomas and myself. [Seal with crest. 1 p.]
Oct. 22,
Kinneil.
13. James Marquis of Hamilton to the King. Most sacred Sovereign, I cannot express the real sorrow I have for that cloud of your Majesty's displeasure which now hangs over me, occasioned by misfortune and subtlety of my enemies, [and] no design of mine in doing what might prejudge [prejudice] your service in the least degree. It ought to be the duty of all subjects, much more of a servant who has had the honour to attend so near upon your sacred person as I these many years have had, to remove their sovereign's displeasure; this I hope will procure your gracious pardon for my presuming again to trouble you. I am informed some have laboured to give you a bad impression of me, as if I had concealed from you that which was first discovered to me of this unfortunate business. Be pleased, Sir, to give me leave humbly to offer this in answer. This information came to me from one who, to my knowledge, I had never seen, and he only a reporter thereof from another as little known to me. I having formerly had like reports wherewith I did acquaint you, was loth to insist on this information without I had been able to make clearer proof thereof than in the former; nor, indeed, was my own reason satisfied, when I waited on you in the garden, that there could have been any such design against me, yet in the general I was bold to say that I knew not when I should be so happy as to attend you again, and humbly did beseech you to believe that, whatsoever might happen, my carriage should still be such as became your faithful servant, resolving at that time that how soon soever I had further information, immediately to acquaint your Majesty therewith. But it was past ten that night before I heard any more of the business, and being then in town at supper it would have been rudeness to trouble your Majesty at so unseasonable an hour. Next morning the Earl of Argyle, with my knowledge, sent for Mr. Maule, to whom he gave a particular information of all we knew, desiring him to acquaint your Majesty therewith. I held it not necessary to trouble you with a repetition thereof in my letter, and most unfit for me to attend your person with such a company of my friends as I could not possibly avoid, some whisperings being spread amongst them of a design against me. These were the grounds I went on; wherein, if I have erred, let me humbly beseech your Majesty neither to impute it to reservedness in me, nor a mistrust of you, but to the true reason,—my desire of a more assured information before discovering to your Majesty a business of that nature. The next thing wherewith I hear I am taxed is my going out of town without your Majesty's knowledge. Truly, Sir, I did not intend it until I heard in what manner your Majesty was to be attended on to Parliament, which was after dinner; and my Lord of Argyle and I, finding the impossibility of persuading our friends to leave us, feared it might occasion some interruption in your affairs and the public peace; which we no sooner resolved on, but we desired the Chancellor to acquaint you therewith, conceiving it the greatest act of respect we could then show. And that it is not so understood by your Majesty is a misfortune beyond expression. Had I thought thereby to incur your Majesty's displeasure, or give occasion to any to say that I could have been so basely unworthy as to have the least mistrust of your Majesty's knowing this intention against me, or that this as I conceive dutiful departure should either have bred a delay or interruption in your Majesty's affairs, I should rather have died than done it. And now if these reasons I have presumed to offer be not satisfactory, let your goodness, I humbly beseech, pardon what your Majesty conceives has been done amiss, and esteem me one who has never had nor shall have thought but such as tends to the good of your service and settling the peace of this kingdom with your honour; wherein if you make me so happy as to command my service, my actions shall make appear to the world at how dear a rate I would buy the effecting thereof and the regaining of your favour. [Printed in Hamilton Papers, Camden Soc., pp. 103–105. 2 pp.]
Oct. 22. 14. Petition of Daniel Farvacks and Isaac le Gay, merchants, to the Council. Petitioners having divers merchandise in Guernsey, to which Anthony Hooper and his creditors laid claim, and had caused several attachments to be laid thereon to prevent its loss, being of a perishable nature, you, by order of Dec. 18th last, referred the business to Sir Peter Richaut and others, creditors of Hooper, formerly appointed by order of Chancery on behalf of all the creditors. They directed that petitioners, giving security to answer the value in case it should be adjudged against them, should be at liberty to sell it; and accordingly petitioners gave bond for 5,000l., being twice the value of the merchandise; which you thereupon commanded should be delivered to petitioners, provided that Hooper and Edward Knowles, one of the creditors, or some of them, should be present at the executing of the said command, or had due notice so to do. But petitioners having sent to Guernsey for the disposal of the merchandise, and having sent a bark on purpose, the Bailiff and Jurates of the Isle delay execution of your Lordships' letter until further order, as appears by the act annexed. As petitioners have given such great security, and are, besides, the owners of the merchandise, and Hooper himself has petitioned it might be disposed of by petitioners to prevent its perishing, they beseech your letters once more to the Bailiff and Jurates for confirmation of your former letter. Underwritten,
14. i. Reference to Dr. Rives, his Majesty's advocate, to consider this petition, and the act or declaration of the Bailiff and Jurates of Guernsey upon the Lords' letter, and to certify his opinion; whereupon the Lords will give further order. Whitehall, October 22, 1641. [1 p.] Dorso,
14. ii. The Lords having this day taken notice of Dr. Rives' certificate, thought just that the Bailiff and Jurates of Guernsey should be commanded to deliver the attached goods to petitioners; but whereas it appears by the order of that Isle that the statute regulating the Council Chamber had been alleged there, and the adverse party had called in question the power and jurisdiction of the Council Board, which, in matters of doleance or appeal from the Courts of those Islands, has always had power both to hear and to determine, upon which point Dr. Rives had not certified his opinion; it was therefore thought fit petitioners' counsel should attend the Board on Friday, Nov. 5th next, to give satisfaction to the Lords touching that particular objection. Whitehall, Oct. 29. [1 p.]
Oct. 22,
King's Nympton.
15. James Smith, his chaplain, to Edward Viscount Conway. I am informed by Mr. Pollard that you have not been wanting in earnest endeavour for retrieving that part of my just entertainment which escaped my hands, nor shall I ever count it fruitless or unhappy; for, as in the study of chemistry, though men miss of the main of their desires, yet do they meet with pleasant experiments that recompense their industry; so though your Lordship's solicitation has missed that which chiefly I purposed and you aimed at, yet has it enriched me with a noble testimony of your favour. We have little news worth the relation, all our business is to pray and pay, and our chiefest farmers have their loins girt with a divinity surcingle, and begin to bristle up for a lay eldership. But let the times work; I fear more your Lordship's displeasure than the worst of their issue, and had rather make trial of your mercy anyway than by a tedious letter. [1 p.]
Oct. 22. 16. Declaration by Benjamin Harrison, of Oldham, Suffolk. That he has received 20l. due to his late sister Mary Harrison on the sale of certain lands in Oldham to Laurence Britten, B.D. [Seal with device 1p.]
Oct. 23,
Kinneil.
17. James Marquis Hamilton to the King. Most sacred Sovereign, it is an exceeding great grief unto me that your Majesty's affairs suffer so great delays through this unhappy business which occasioned my removal from Court upon those grounds I have by my former letters humbly represented to you. But seeing the effects thereof have been so far contrary to my intentions, I do with all humility beg your Majesty's pardon for the same; nor am I able to express my real trouble for that heavy aspersion I am informed is laid upon me, as if I could have admitted a thought of your Majesty's being privy to any such base act, which I heard was intended against me;—a crime greater in me to have believed than in anyone else living, who have had the honour and happiness so long to know your Majesty, and of whose goodness and favour I have had so many and real testimonies. [Printed in Hamilton Papers, Camden Soc., p. 106. 1 p.]
Oct. 23. 18–21. Four copies of the same.
Oct. 23. Another copy, written on the same paper as Nov. 25. See No. 109.
Oct. 23. 22. The Lords and Commons in Parliament to the Committee of both Houses attending his Majesty in Scotland. Thanks for communicating the advertisement concerning the design against the persons of Marquis Hamilton and the Earls of Argyle and Lanerick as they had received no other public intelligence thereof. The desire of both Houses is that so long as you stay there you continue to inform the Houses of the further proceedings in this matter, and of such other accidents as may concern the safety of both kingdoms. [Printed in Lords' Journals, iv. 400; Commons' Journals, ii. 292; and Rushworth, v. 391. Copy. 1 p.] Subjoined,
22. i. Instructions of the Lords and Commons in Parliament to the Committees of both Houses now attending his Majesty in Scotland. [Printed ut supra. Copy. 2½ pp.]
Oct. 23. 23. Order of the House of Lords. That the jurisdiction of the Archbishop of Canterbury be sequestered [margin, by Sir John Lamb, to whom ?] till he be convicted or acquitted of the charge of high treason, the duties in the meantime to be executed by his inferior officers. [Margin: Who shall examine the sufficiency and ability of clerks presented to benefices, and who those that are to be dispensed with ?] Concerning ecclesiastical benefices, promotions, or dignities in his disposing, the Archbishop shall present to this House the names of such as shall be nominated by him for the same, to be approved by this House before they be collated or instituted. [Printed in Lords' Journal, iv. p. 402. 1 p.]
Oct. 23. 24. Another copy. [2/3 p.]
Oct. 23. 25. Copy of the first portion of the above Order. [¼ p.]
Oct. 24. 26. Certificate of Thomas Sheppard, J.P. That Sir John Fortescue and Lady Mary his wife, of Salden, Bucks, have this day voluntarily taken the oath of allegiance before him. [Seal with arms, indistinct. ½ p.]
Oct. 26. 27. Report of Dr. Thos. Rives, the King's Advocate, to the Council. I have, according to your commands, considered the petition [of Daniel Farvack and Isaac le Gay, see Oct. 22, No. 14,] with the Act or declaration of the Bailiff and Jurats of Guernsey of such reasons as staid them from the delivery of certain tobaccos, there arrested at the suit of one Knowles, according to your directions, wherein you require my opinion whether the reasons in that Act be sufficient to excuse them for not executing your command or no. 1. The first reason is, that it stands alleged before them that the goods are under-valued. I answer, there is an under-valuation alleged indeed, but no proof offered thereof, and therefore [it] worketh nothing in law. But, on the contrary, it appears by the report of Sir Peter Richaut and others, the referees from your Lordships, that the security is to the full value of the goods, and over, and such as they have approved of; and of this I conceive there is no doubt to be made. 2. That the approving of the security by Knowles binds not the rest of the creditors. This also is of no force in law; for, granting the security to be good, it is not material, saving for the indemnity of the Judge, whether the adverse parties approve thereof or no, for the unreasonableness of the claimers must not endamage the owner in his possession; and, so far as the security extends, it is as beneficial to the other creditors as to Knowles. 3. That it was alleged before them that this cause now depends in the House of Lords. To this, I answer, with more especial submission, that to my best understanding this cause is not so much as mentioned in any of the petitions or bills exhibited to that House; and therefore that allegation before the Bailiff and Jurats was not true, and consequently should not have stayed them from executing your command. Nevertheless, because it may seem to be involved in the general, and they might justly fear to come too near the brink for fear of falling in, you may be pleased to pardon their fear herein; but for the thing itself, I conceive the delivery of the goods on the security taken cannot any way cross the suit in Parliament, because it preserves that which is in question, at least in the general, before them, Therefore, my opinion is the Bailiff and Jurats ought again to be required to deliver the said goods upon that security which is given. [1 p.]
Oct. 26,
York House.
28. Thos. Smith to Sir John Penington. Enclosed you shall receive your warrant for your pay, which is opposed by some of the principal officers, as they do the Vice-Admiral's, alleging that you are both allowed for too long a time. Yet I make no question but they will pay it. Our Parliament is once more met in full, and are very busy perfecting the businesses formerly begun, viz., the devoting of Bishops in the Upper House and the pulling down of Episcopacy, root and branch; the further investigation of the grand plot heretofore begun to be discovered, as also the securing of the kingdom by disarming Papists; and many other things of smaller moment. We have news of a plot in Scotland, upon which there are various reports, but little certainty. The troopers are very tumultuous in this town, and here are proclamations and orders to suppress them. Libels in abundance are thrown up and down in abuse of the best in Parliament, but I dare not name them; if the authors be found they will be severely punished. [1½ pp.]
Oct. 26–30. 29. Narrative of the Proceedings in Parliament from the 26th to the end of the month. This day [Oct. 26] the Commons debated about a letter sent to Mr. Pym, the Monday before, threatening his death. When there was one [George Mordant] brought before the House, who was supposed to have delivered the said letter to the porter that brought it, but upon examination he was cleared; and order was given for his appearance to attend the House when he should be required.
The Lords again sat upon the business concerning Sir John Lenthall, and the Bishops' Bill, which being read and debated on, it was put off till the 23rd of November next. The Commons likewise sat upon the Bishops' Bill. At which there was a conference. The Commons then desiring of the Lords not only that a speedy trial should be had [of them] as delinquents, but that they might be in the meantime suspended. To which the Lords answered, they had gone as far as they could therein; and desired that time might be given for the further consideration thereof. This day also a letter came from his Majesty for the removal of divers Bishops from their sees, and for the making of new ones.
Thursday [Oct. 28] they sat about the Judges' charges, which took up the whole day. Friday [Oct. 29] the Lords sat upon Sir Wm. Killigrew's business, and the troops' complaint. And in the House of Commons there was a report concerning soap, and of [Sir Robert] Berkley, Judge [of the King's Bench]; and being in debate about it, there was a conference, at which the Commons moved that they were not ready, nor themselves so ready as they would be in respect of the more weighty affairs now in agitation, for to make good the accusation against Judge Berkley. Saturday [Oct. 30], the Lords' House being met, sat about Sir John Lenthall's and Sir Wm. Killegrew's business, and to examine the witnesses. Monday following was appointed for the same. The House of Commons this day fell upon some private business, but being divided in their votes, they deferred the same till a further hearing. They then fell into consideration about the dangers of the times, not only in respect of his Majesty's absence, but in respect of the preservation of the Prince's Highness from danger in reference to his religion, in respect of his oft resort to Oatlands, and to prevent the seizing on his person by any ill-affected in religion; which bred a great debate among the House. For prevention whereof a conference was desired, whereat Mr. Pym gave sundry reasons for his Highness' stay at Richmond, or in some other place convenient; and that he might not so often repair to the Queen, nor make so long stay with her, nor have any suspected in religion about him, nor to be at any time with him. And it was moved that the Marquis of Hertford might have order given him for his special care therein, he being the Prince's governor, and that he should not let him be in person out of his sight, nor ever be out of his presence. To which the Lords desired time to answer. And having concluded thereof amongst themselves, they drew up an order and desired a conference, where the order was read by the Lord Keeper to them, which was to this effect; that the Marquis should take special care of the Prince's Highness as aforesaid, and that the Earl of Essex should acquaint him therewith; and that the Earl of Holland should go to the Queen to satisfy her the reasons thereof;—which order was delivered to Mr. Pym in the behalf of the House of Commons; and so both Houses agreeing therein, the Earls were commanded to obey the said order,—the one to go to the Queen, and the other to the Marquis as aforesaid. The letter sent by the King and written with his own hand to Mr. [Edward] Nicholas, dated at Edinburgh, 18 Oct., then follows, but has been already calendared under its date. [Imperfect, ½ p.]
Oct. 28. 30. Silversmith's bill delivered to George Lord Digby, for pewter and plate, total 8l. 6s. 4d. Underwritten,
30. i. Receipt by Nathaniel Daniel for the above sum in full, January 8, 1641[–2]. [Damaged by damp. 1 p.]
Oct. 28,
Aru[ndel] House.
31. Thos. Earl of Arundel and Surrey to Sir Thomas Row. Congratulates him on Prince Rupert's deliverance. I would fain hope all will happily follow. If it do not so well as we might wish, yet if it be in a reasonable measure, it will be of much use— as I conceive, to this Crown—and a great honour to you. Count Leslie commends much your course; and I beseech you continue it, for you can better discern there the affairs and use of persons and times than we here. [Seal with device, broken. 1 p.]
Oct. 28. 32. Speech in Parliament by Mr. Smith, of the Middle Temple. Concerning the regulating of the King's Majesty's prerogative, and the liberties of the subject; with a motion for the speedy redress of all grievances under which the Church and State lie. [Printed in Diurnal Occurrences, ed. 1641, pp. 395–399. Pamphlet, printed at London by Barnard Alsop, 1641. 4¼ pp.]
Oct. 29. 33. Petition of Daniel Farvack and Isaac le Gay, merchants, to the Council. Refer to the report of Dr. Rives in their favour [see above, Oct. 26, No. 27], and pray the Council's letters once more to the Bailiff and Jurats of Guernsey to deliver the merchandise detained by them to petitioners. [1 p.] Dorso,
33. i. The Lords, having taken notice of this petition, ordered that it should be again produced before them on Friday the 5th of next month. Whitehall, Oct. 29, 1641. [½ p.]
Oct. 29. 34. Certificate of Lawrence Whitaker and Thos. Swalow to the same. In obedience to your order of October 20, directed to us, to examine the abuses complained of by the officers of the Mint, we have with all care examined Henry Futter, goldsmith, the greatest trader to his Majesty's mint at this time, with his servants and others employed by him; in whose examinations we find not only apparent matter of suspicion, but contradiction, besides the visibility of the abuses upon diverse of the ingots brought by the said Futter into the Mint. And forasmuch as many merchants and others depend upon the receipts of moneys to be received by Futter to be paid them from him, and that expedition is required, as the officers of the Mint do credibly inform us, it is in all humility desired by them that some course may be directed by you for a speedy trial of the cause; for that the master workers are tied by the indenture of the Mint to make quick payment to the subject. [¾ p.]
Oct. 29/Nov. 8,
Paris.
35. Sir Francis Windebank to his son Thomas Windebank. His letters from Rouen arrived late. Robin [Robert Read] took order for a pass for you by Mr. Foster's diligences, though I hope the knowledge the Governor of Dieppe had of you rendered it useless, and that you got loose before it came. Since your departure hence, the Cardinal [Richelieu] has been moved by M. de Seneterre, at the solicitation of Mr. Foster, that the English now here, and [those] fled hither to avoid the storm in England, may be freed from that law of confiscation of their estates in case they die here which we and other strangers are liable to. This the Cardinal has promised shall be granted by the King here, and has left it to those of the nation to settle by what means themselves shall think best, assuring them that the King shall grant it in as ample manner as can be desired. This is a very great privilege to our nation, and has been granted with so much cheerfulness and expression of resentment of our condition, that I wish her Majesty, in those letters with which she will vouchsafe to honour me to the King, her brother, to acknowledge it. And if her Majesty please in a word or two to Mons. de Seneterre to thank him for his readiness in it, and to honour me with the delivering of it, I shall hold it a very great favour, and it will be a powerful motive to him to continue his good offices to the nation, which are very much to be valued, considering his interest in the Cardinal. Your mother has handselled our new lodging with a fit of the gout, but with doing penance and fasting she is come out of it, though it has left her with scarce strength enough to creep to the fire. [Seal with arms and crest. 3 pp.]
Oct. 30,
12 at night, Holyrood House.
36. Sec. Vane to Edward Nicholas. I thank you for your advice touching the Lords of the Council. Some of them, I hear, have thumbed it at Oatlands that Mr. Secretary has not been frequent in his advertisements to the Council Table,—nay, not to any minister of State,—and some of them have not forborne to speak high, and complain to the King of me; in which they have done me favour, for I moved his Majesty twice therein, whereof I have good witness, to have made a despatch to the Council, the Marquis and the Lords going out at the first, but his Majesty commanded the contrary. I have made two despatches before, and now this by his Majesty's express command to the Lord Keeper. You cannot but have heard before this of the sad and dangerous estate of Ireland, and how near it was to have been seized by the Papists at one time, which was so near to take effect that it was discovered but the eve before to Sir William Parsons. God grant we make use of this miraculous preservation, and humble ourselves before Him, for until that be done, nothing can or will prosper with us. The Parliament continues here still stiff and resolved; and whatever intelligence you may have had in the South, I do not find his Majesty is like to have his will here. It is high time to give over talking of party, and that King and people should heartily unite, for this is not a time to contend; if both go not one way, it will not do well. You know we have long foreseen these issues. In England, though you say nothing to me of it, I understand business grows to a great height. Three kingdoms in this condition, no money and little affection, should be well thought of, and the Catholic Romish Princes abroad all drawing to a peace, if time be not suddenly redeemed, divisions amongst ourselves cease, and a face of unity both in Church and kingdom. I will say no more, but we cannot be happy if we change not our counsels. This business is like to hasten his Majesty's return sooner than I expected, though I cannot send you the day, My next, peradventure, may. P.S.—You are to hasten this despatch to the Lord Keeper, and take [care] to see the other letters speedily and safely delivered according to the address. [Endorsed by Nicholas: "Received 4th November 1641." 3 pp.]
Oct. 37. Thos. Earl of Arundel and Surrey to the Clerk of the Signet now attending. To prepare for his Majesty's signature a grant to William Ryley, Bluemantle, of the office of Lancaster Herald, vacant by the death of Thomas Thompson. [Draft. ¾ p.]
Oct. 38. Heraldic Entry Book containing copies of warrants, commissions, &c. from 1626 to 1641. The principal entries are the following:— i. Inscription on the coffin of the first-born infant son of Charles I., a seven months' child, who only lived to be christened, and lies buried in a shrine on the right hand of Henry VII.'s tomb in Westminster Abbey, May 13, 1629. [Latin. 2/3p.] ii. A commission by Letters Patent to Thos. Earl of Arundel and Surrey, Earl Marshal, and Wm. Earl of Pembroke, Lord Chamberlain of the Household, for the making of Knights of the Bath, Jan. 30, 1625–6. [2 pp.] iii. Genealogy of the Stuarts from Jas. I., King of Scotland, and Alan Steward, down to Charles I. [1 p.] iv. The King to Thomas Earl of Arundel and Surrey, Earl Marshal. Warrant to create William Ryley, Rouge Pursuivant-at-arms, July 26, 1630. [½ p.] v. Thos. Earl of Arundel and Surrey to the Clerk of the Signet now attending. To prepare a warrant for his Majesty's signature to the Master of the Great Wardrobe for a coat of arms for William Ryley, Rouge-Rose Pursuivant, Nov. 6, 1630. [½ p.] vi. The King to Wm. Earl of Denbigh, Master of the Great Wardrobe. Warrant to deliver a coat of arms to William Ryley, as above. [2/3 p.] vii. Petition of Wm. Ryley, Rouge-Rose Pursuivant, to Thos. Earl of Arundel and Surrey, Earl Marshal. Prays he may be preferred to the place of Bluemantle Pursuivant, vacant by the death of Mr. Leonard, late Bluemantle. [4 Sept. 1633. ½ p.] viii. Account of the creation of Wm. Ryley into the place of Bluemantle Pursuivant of Arms in ordinary at Arundel House, Sept. 6, 1633. [1 p.] ix. The King to Wm. Earl of Denbigh, Master of the Great Wardrobe. Warrant to deliver embroidered coats of arms to Edward Norgate, Windsor Herald, William Ryley, Bluemantle, and John Beauchamp, Portcullis Pursuivants. [1 p.] x. Thos. Earl of Arundel and Surrey to the Clerk of the Signet now attending. To prepare for the King's signature a grant to William Ryley, Bluemantle, of the office of Lancaster Herald, vacant by the death of Thomas Thompson. Oct. 1641. [46 pp., of which 35 are blank.]
[Oct.] 39. The Confession of Faith of the Kirk of Scotland; with the Bond or Covenant subscribed unto by the whole kingdom. Subscribed at first by the King and his Household in 1580; thereafter by persons of all ranks in Scotland in 1581, by Ordinance of the Lords of the Secret Council and Acts of the General Assembly. Subscribed again by all sorts of persons in 1590, by a new Ordinance of Council, at the desire of the General Assembly, with a general bond for maintenance of the true religion and the King's person; and now subscribed in 1638 by us noblemen, gentlemen, ministers, and commons under-subscribing, together with our resolution and promises, for the causes after specified, to maintain the said true religion and the King's Majesty according to the Confession aforesaid and Acts of Parliament. [Broadside. Printed in London, 1641.]
Oct. 40. Note of the days and places of the Triennial Visitation held by Bishop Williams, of Lincoln, in Sept. and Oct. 1641. [1 p.]
[Oct.] 41. Will of John Ashburnham, of Westover, co. Southampton. Appointing his wife sole executrix, and leaving her all his property, except 1,000 marks apiece to his daughters, Frances and Anne, to be paid them on attaining the age of 18, or on their marriage before if they marry with their mother's consent. His wife to be entrusted with the education of his son, who is to succeed to the property on his mother's death. [Draft in Nicholas' handwriting. 3 pp.]
[Oct. ?] 42. Perambulation of the Forest of Kinfare, co. Stafford, in the year 28 Edw. I. [For the original perambulation in Latin, see Chancery Records, De Antiquis Forestis, No. 33. 12/3 pp.]
[Oct. ?] 43. Observations upon the pretended bills of lading and letters of [attorney] which D'Aranguren produced, as signed by Ignatio Landaliola, wherein it is pretended the said Ignatio doth confess several of the merchandises which were secured by the Parliament, coming in the ship the Clare, to belong to several persons whose attorney D'Aranguren pretends himself [to be]; as also upon the several procurations produced by D'Aranguren under public notaries' hands of Spain, as is pretended, by virtue of which procurations or letters of attorney D'Aranguren pretends himself to call the said Ignatio to an account. Shewing that Ignatio ought not to account to D'Aranguren. [Damaged by damp. 3¼ pp.]
[Oct. ?] 44. Petition of Capt. John Fisher, muster-master of the city of London, to the Council. His Majesty's favour in making me his muster-master, and my diligence during six years in the execution of the place, are not unknown to you; as also the City's neglect of me and my service, having in all the time past not received 100l. of the salary appointed me by the King, insomuch as my wants make me an unwilling suitor to you that, in the absence of his Majesty, you will be pleased to direct your letters to the Lord Mayor and Aldermen on petitioner's behalf, that he may be paid his entertainment, and so be enabled to give you an account of his services in the future. [½ p.]