Charles I - volume 514: December 1646

Calendar of State Papers Domestic: Charles I, 1645-7. Originally published by Her Majesty's Stationery Office, London, 1891.

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'Charles I - volume 514: December 1646', in Calendar of State Papers Domestic: Charles I, 1645-7, (London, 1891) pp. 491-505. British History Online https://www.british-history.ac.uk/cal-state-papers/domestic/chas1/1645-7/pp491-505 [accessed 19 April 2024]

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December 1646

Dec. 1. 101. Order made at the Committee of the Navy and Customs. Upon petition of James Wemys, Master Gunner of England, who having faithfully served the Parliament ever since the commencement of these troubles, when the other officers deserted their trust, and proved all the ordnance and gunpowder for the navy and fitted the ships with them, particularly this last summer, when 100 pieces were prepared for the three new frigates. This Committee have taken into consideration the pressing necessity of his case. None of the ordinary fees have been paid him since the beginning of this Parliament, and this Committee find no means in their power for payment of his salary, but in regard of extra service and constant attendance on the navy business it is ordered that Sir Walter Erle do pay upon account to him, out of the last 2,000l. received on the navy estimate, 50l., for which his receipt shall be sufficient discharge. Underwritten,
101. i. Receipt by J. Wemys for 50l. in full discharge of this order. [1½ pp.]
Dec. 1. Petition of Thos. Percival, Esq., to the Committee for Compounding at Goldsmiths' Hall. That his father, James Percival, of North Weston, co. Somerset, was moved by Wm. Cox, an attorneyat-law, to appear amongst other gentlemen for the meeting of Prince Rupert upon Durdham Down, near Bristol, at his first coming thither, which the [petitioner's] father refused [to do], and afterwards came before Col. Fines [John Fiennes], to be examined concerning the same, which he did upon oath. That afterwards Prince Rupert taking the city of Bristol Cox petitioned his Majesty and got a reference to Sir Ralph Hopton thereupon, who sent a messenger for petitioner's father and imprisoned him till he got a bond of 300l. for payment of 150l. to Cox for pretended losses sustained by reason of this discovery, and now puts his bond in suit against petitioner, who is the counter security for payment of that money, and his father's executor, who afterwards died in prison for the Parliament's cause upon a second imprisonment, as by affidavit hereunto annexed doth appear. Prays that Cox may not be admitted to his composition until the truth of this be examined, and that petitioner's witnesses being now ready in town may testify the same. Underwritten,
i. All which is attested by me, Anthony Templeman.
ii. File this petition with Coxe's papers, that so the Committee may take notice of it when he come to compound. Annexed,
iii. Affidavit of Anthony Templeman, of North Weston, co. Somerset, attesting and repeating the particulars contained in the above petition of Thos. Percival. Sworn 1 Dec. 1646. [Interregnum 112 G., pp. 335–337. =1½ pp.]
Dec. 1.
Derby House.
The Committee of both kingdoms to Sir John Veale. We formerly wrote to you that the foot at Bristol should forthwith be sent to Dublin. We having now received advertisement that the design for Dublin proves unsuccessful, and that the forces sent thither are gone for Ulster, desire you notwithstanding our former orders to forbear to send those forces to Dublin, but to observe such orders as you may receive from the Lord Lieutenant of Ireland. [Interregnum 23 E., p. 113. Copy. ½ p.]
Dec. 1.
Derby House.
The same to the Committee of Dorset. In pursuance of the Ordinance of 16 February a commission was given to George Bourman for the making of saltpetre for the use of the State, and for converting the same into powder. In contempt of the Ordinance and of the authority given Bourman by this Committee, two men named Robert Williams and James Bishop, of the parish of Sooke, co. Dorset, have determinately endeavoured the hindrance of him in this work, and incited others to threaten the demolition of the works, and invited divers soldiers to set fire on the houses. We desire you to call these two men before you, and to take especial care that Bourman may peaceably and safely proceed in his work. Certify your proceedings therein to this Committee. [Ibid., p. 114. Copy. 1 p.]
Dec. 1.
Derby House.
The same to the Committee of Sussex. We have seen a warrant directing that the servants and workmen of Mr. Vincent shall have liberty to dig in the pigeon-house of Mr. Guildredge, of Eastbourne, for only one hour and half a day. We desire you to consider the words of the Ordinance, which are,—That they shall work in pigeon-houses from 9 a.m. till 3 p.m., and that the Ordinance gives no power to any so to restrict the time, this being not breeding time. In a service of so great consequence to the State all due encouragement should be given to those employed therein, they keeping within the limits of the authority given to them. We having received some other complaints from Mr. Vincent, desire you to take order that this work may proceed without interruption, and that you certify us of your proceedings herein. [Ibid., p. 115. Copy. 1 p.]
Dec. 1. Petition and particular of the estate of Thos. Manley, of Westminster, gent., clerk of his Majesty's kitchen. His delinquency, that he left his habitation and went to Oxford and lived there, whilst it was a garrison holden for the King against the Parliament, and was there at the time of its surrender, and he is to have the benefit of those Articles, as by Sir Thos. Fairfax's certificate of 24th June doth appear. He had the several orders of the Lords and of the House of Commons for his going to Oxford to attend his Majesty, he being clerk of the kitchen. He has neither taken the Negative Oath nor National Covenant, but prays therein to be spared upon the Articles of Oxford and vote of the House of Commons pursuant. He compounds upon a particular delivered in under his hand, by which he doth submit to such fine, &c., and by which it appears that his estate is as here specified. [Interregnum 197 G., pp. 33 and 36.]
Dec. 3.
Derby House.
The Committee of both kingdoms to the Committee of the Revenue. The services of Mr. Bedford, who for some time was employed as scout-master to this Committee, being no longer required, we have discharged him from further attendance. There being 391l. due to him for his service, which he hath performed faithfully and with diligence, we desire your Lordships to give him a particular warrant for that sum as part of the money to be paid to this Committee. [Interregnum 23 E., p. 116. Copy. ½ p.]
Dec. 4. Order of the Commons' House. That it be referred to the Committee for Irish Affairs at Derby House to consider of and bring in an oath, to be approved of by both Houses, to be taken by the Privy Council of Ireland. [Interregnum 14 E., p. 135.]
Dec. 5.
Derby House.
The Committee of both kingdoms to the Treasurers at Goldsmiths' Hall. To the end that all things may be ready for carrying the money to York for the use of the Scots' army when the agreement shall be finished, we desire you to take care in the meantime that waggons and teams may be provided for its carriage, and that you inquire what sums can be returned by bills of exchange to York, Newcastle, and the northern parts, and signify the same to this Committee as speedily as you can. Signed by Lauderdale and Warwick. [Interregnum 23 E., p. 116. Copy. ½ p.]
Dec. 7. Petition of Anthony Gibbon, of Tealby, co. Lincoln, to the Committee for Compositions at Goldsmiths' Hall. That he hath borne arms for his Majesty in this unhappy war against the two Houses of Parliament, and was in Oxford at the time of its surrender, and is comprised within the Articles then made. That his estate being sequestered for his delinquency against the Parliament, he prays to be admitted to a favourable composition for the same according to the Articles. Underwritten,
Referred to the sub-committee 7 Dec. 1646. Annexed,
Particular of his estate, also a printed certificate of his being within the Articles of Oxford. Signed and sealed by Fairfax. [Interregnum 197 G., pp. 26, 27.]
Dec. 10. 102. Order of both Houses, directing that all officers and soldiers who have served the Parliament in any counties and garrisons where they have been under the command and pay of particular Committees are to have their accounts made up by and receive pay from such Committees. They are to forbear coming up to London under pretence of stating their accounts, but are to repair to the Committees of the respective counties. [Printed by Order of the Commons for Edw. Husband, Feb. 8, 1646–7; also in Lords' Journals viii., p. 602. Broadside.]
Dec. 10. 103. MS. copy of the same. [2/3 p.]
Dec. 10. 104. Ordinance of both Houses of Parliament for collecting the arrears for payment of the garrisons of the Eastern Association. Whereas by two several Ordinances of 3 Sept. 1645 and 6 Aug. 1646, sixteen months and seven days tax was ordained to be assessed and collected for maintenance of these garrisons, a great part of which money is still in arrear and uncollected, it is hereby ordained that the Committee for the Eastern Association and the Committees of the several counties mentioned in these Ordinances shall have power to put the same in execution, and to employ and dispose of all these arrears according to the intents of the several Ordinances. [Printed by order of the Lords for John Wright, at the King's Head in the Old Bailey, 1646. Mentioned in Lords' Journals viii., p. 601, but not entered. Black-letter pamphlet. 3 pp.]
Dec. 10. Articles of composition of John Dutton, Esq., of Sherborne, co. Gloucester. His delinquency, that he was once a member of the House of Commons in this present Parliament, which he deserted and went to Oxford and sat in that Assembly, and was therein at the time of the surrender of Oxford, and he is to have the benefit of those Articles, as by Sir Thos. Fairfax's certificate of 24th June 1646 doth appear. He hath neither taken the Negative Oath nor National Covenant, but prays to be spared therein upon the Articles of Oxford and vote of the House of Commons pursuant. He compounds upon a particular delivered in under his hand, by which he doth submit to such fine, &c., and by which it doth appear that he is seized as here stated. Annexed,
Certificate of Sir Thos. Fairfax. [Seal with crest. Interregnum 197 G., pp. 1 and 21.]
Dec. 12. 105. Order of both Houses for all Papists, officers, soldiers of fortune, and all other delinquents who have adhered to or assisted the enemy in the late war against the Parliament, to depart out of the lines of communication and 20 miles distant at least [from London and Westminster] before the 18th present; or else to be imprisoned and proceeded against as traitors. Except such persons as are herein excepted, viz., such as shall obtain license from the Committee at Goldsmiths' Hall to continue here for attending their compositions only; those who came in to the Parliament before the 1 June 1645, and are cleared by the Houses for their delinquency, or who have since come in and made their peace with the Parliament and sued out their pardons; provided also that no Peer shall resort to the Committee of Goldsmiths' Hall for license to remain here, but shall repair to the House of Lords for their license. This order to continue for two months after the 18th present and no longer. Ordered, 12 Dec. 1646, that this Ordinance be forthwith printed and published by beat of drum and sound of trumpet on Monday morning next, and that the Committee of the Militia of London do take care that it be published accordingly. [Printed for Edw. Husband, 14 Dec., also in Lords' Journals viii., pp. 611, 612. Broadside.]
Dec. 14.
Derby House.
The Committee of both kingdoms to the Commissioners for the Government of Guernsey, Alderney, and Sark. We are informed by your certificate that Wm. Dobree was employed by you to procure some guns and ammunition for the defence and service of the Islands, which he effected, but yet remains unsatisfied for his charges and pains. We recommend that he may be forthwith paid out of the revenue of the Island or otherwise, so that others by his example be not discouraged for the future to use their best diligence for the service of the public. [Interregnum 23 E., p. 117. Copy. ¾ p.]
Dec. 14.
Derby House.
The same to [the Commissioners of] the Revenue of the Islands [of Guernsey, Alderney, and Sark]. To the like effect as the preceding. We understand that the revenue of the Islands, which was granted by Parliament for the public service, is in your hands. We therefore desire you that such charges as Wm. Dobree shall make appear to be due to him for procuring the guns and ammunition for the defence of those said Islands may be paid unto him out of the said revenue or otherwise. [Ibid., p. 118. Copy. 2/3 p.]
Dec. 14.
Derby House.
The same to Mr. Hunter, at Harwich. We have appointed your letter and particular of arrears to be reported to the Commons, that they may give order from whence it shall be satisfied. To avoid any further unnecessary expense, we desire you to discharge those forces that are supernumerary, and to retain only the ordinary and ancient guard of that place. [Ibid., pp. 118, 119. Copyp.]
Dec. 14.
Derby House.
The same to Sir Thos. Fairfax. The Commons on report from this Committee formerly gave order for disbanding of the Radnorshire forces under Col. Martin, but we are informed that notwithstanding that order a great part of the horse are still quartered upon that county, to the great burden and impoverishing of the well affected there. You are to give order to such as you shall think fit for the disbanding of those forces, and that the horses and arms which were forcibly taken from the county be restored, provided those to whom these belong be fit to be trusted with those arms, or otherwise dispose of them as you shall think fit. [Ibid., p. 119. Copy. 2/3 p.]
Dec. 15. License granted by the Committee for compounding at Goldsmiths' Hall to Henry Bunbury [of Stanney, co. Chester], whose composition for his delinquency is not yet perfected, to continue, according to an order of both Houses of the 12th Dec. instant, within the cities of London or Westminster, or elsewhere within the lines of communication or within 20 miles of the said lines, for attending his composition, so as he prosecute the same with effect. [Printed form filled up and signed. Interregnum 65 G., p. 747.]
Dec. 15. Petition of Thos. Ravenscroft, of Little Budworth, co. Chester, yeoman, to the Committee for Compositions with Delinquents at Goldsmiths' Hall. That petitioner, being before these times lieutenant of the trained bands of the hundred of Nantwich, in October 1642 was with his captain and the other officers and soldiers of his trained band commanded to attend his Majesty at Chester, where most of the officers and trained bands of the county then appeared, but so soon as petitioner perceived the differences to increase between the King and the Parliament, he then deserted the said train band, and ever since has lived quietly at home in the Parliament's quarters, and submitted to all Ordinances, impositions, and taxes; yet, notwithstanding, the Sequestrators of Eddisbury hundred, co. Chester, in August last, without any other causes, have seized and sequestered petitioner's estate. Prays that he may be admitted to a favourable composition, for that his estate is under 200l., and for that the Houses have not as yet directed a course for the discharge of persons in his condition according to the 11th qualification in the propositions sent to his Majesty. Annexed,
His certificate, sworn the 14th Dec. 1646, that the whole of his estate, real and personal, is not worth 200l. sterling. [Interregnum 112 G., pp. 1053–1055.]
Dec. 16. Petition of Wm. Boreman, of East Greenwich, clerk of his Majesty's kitchen, to the Committee for Compounding at Goldsmiths' Hall. That petitioner left his place of habitation and went into Exeter, being the King's quarters, to attend upon the young Princess [Henrietta], and did adhere to his Majesty against the Parliament. For which his delinquency he prays to be admitted to a favourable composition for his estate. Underwritten,
Accepted the 16th Dec. 1646, but not to have the benefit of the Exeter Articles, because he came not in according to the time limited in those Articles. Referred to the subcommittee. [Interregnum 207 G., p. 61.] Annexed,
Statement of the case of Wm. Boreman. His delinquency as in the above petition. By Sir Thos. Fairfax's certificate, dated 17th April 1646 (also annexed) he is to have the benefit of the Articles of Exeter, but as he did not petition here till the 16th of Dec., the time of his coming in according to those Articles was expired; but that he should notwithstanding crave the benefit of them, he produces the copy of a warrant attested, the original whereof seems to have been signed by Sir Thos. Fairfax. See p. 415. [Ibid., p. 59.]
Dec. 17. 106. Order made at the Committee of Lords and Commons for his Majesty's Revenue sitting at Westminster. That Sir George Wentworth, Receiver for Compositions with Recusants in the 11 northern counties, having desired convenient time for making up his accounts for the years 1641, 1642, and 1643, this Committee do order that his accounts for those years be delivered some time in Candlemas term next, and that Messrs. Elmhurst, Raylton, and Pulford do attend this Committee likewise. None of them in the meantime shall dispose of any sums in their hands due to the King for recusants' compositions but by special order of this Committee. [Certified copy. 2/3 p.]
Dec. 18.
Coventry.
107. The Committee of Accounts in Coventry to the Committee of Accounts for the whole kingdom. By yours of the 30th of Nov. we received satisfaction in the queries we sent you. We desire according to your former letters that you would direct the Barons of the Exchequer to forbear sending any process against those who were collectors of the subsidy money in this county, and who have paid the arrears due upon their accounts to us, part of that received by our Treasurer having been disbursed for the salaries of our officers. We also desire that you would insert into the new Ordinance, which we are informed you are now presenting to the Parliament, a clause directing that the Commissioners for Excise may repay to our Treasurer what he has disbursed by our order, so that the arrears of the subsidy money may be paid in as directed by the statute and the collectors' bonds be taken up. [1 p.]
Dec. 20.
Newcastle.
108. The King to the Speaker of the House of Peers pro tem., to be communicated to the Houses of Parliament at Westminster and to the Commissioners of the Parliament of Scotland at London. His Majesty's thoughts being always sincerely bent to the peace of his kingdoms, he is desirous to try all ways that might make appear the candour of his intentions to his people. And to this end he could find no better way than to propose a personal free debate with his two Houses of Parliament upon all the present differences; yet finding, very much against his expectations, that his offer was laid aside, his Majesty bent all his thoughts to make his intentions fully known by a particular answer to the Propositions delivered to him in the name of both kingdoms on the 24th of July last. But the more he endeavoured it the more plainly he saw that any answer he could make would be subject to misinformations and misconstructions, which upon his own paraphrases and explanations he is most confident will give so good satisfaction as would doubtless cause a happy and lasting peace. Lest, therefore, that good intentions might produce ill effects, he again proposes and desires to come to London or any of his houses thereabouts, upon the public faith and security of his two Houses and of the Scotch Commissioners that he shall be there with honour, freedom, and safety; where by his personal presence he may not only raise a mutual confidence betwixt him and his people, but also have those doubts cleared and those difficulties explained to him without which he cannot give a particular answer to the Propositions. [Signed by the King, and endorsed: "Sent from the Lords, and read 24 Dec. 1646." Printed at full in Reliquice Sacræ Carolinæ, ed. 1657, pp. 107–109, and in Lords' Journals viii., pp. 627, 628. 1 p.]
Dec. 22. Petition of Wm. Lewin, LL.D., to the Committee for Compounding at Goldsmiths' Hall. That being formerly a sworn servant to his Majesty, he left his home and remained in Oxford and other places that were garrisoned and held against the Parliament, for which his delinquency his estate is under sequestration. Petitioner having been comprised in the Articles upon the surrender of Oxford, prays your Committee to impose a favourable composition upon him for this his delinouency, according to the said Articles. Underwritten,
i. Accepted, but not upon the Articles of Oxford, and when he has taken the Oath and Covenant, then to have a license to prosecute his composition. John Ashe. 22 Dec. 1646.
ii. Admitted upon the Articles of Oxford and referred to the sub-committee. John Leech. 13 Nov. 1648. [Interregnum 207 G., p. 46.]
Dec. 23. 109. Sir Wm. Brereton to the Committee of Accounts for the whole kingdom. Because I may not be absent from the House [of Commons] this day, I trouble you with these lines in behalf of Lieut.-Col. Gilbert Gerrard, recommending his condition to your consideration touching his account, which I conceive to be very just and true. He is a man who was very faithful and diligent in his employment during my command in those parts, and I have not heard of any just complaints against his accounts. If you please to receive his accounts and return them down into the country for a surcharge, you will do him a great courtesy, because he has attended a long time in town. [1 p.]
Dec. 24.
Derby House.
The Committee of both kingdoms to Sir Wm. Selby, Ralph Delaval, Sir Edw. Loftus, Sir Thos. Trollop, Henry Mildmay, Sir Richd. Erle, Sir Ralph Hare, and Sir Lionel Talmach. Both Houses have appointed you, with some others, to be hostages to the kingdom of Scotland for the performance of certain articles agreed upon between Committees of Lords and Commons of the Parliament of England and the Commissioners of Scotland, authorized thereunto by the Parliaments of each kingdom respectively, and have referred it to us to give the said hostages notice thereof, and to appoint the time and place where they are to meet for that service. We therefore, in pursuance thereof, do desire you not to fail to be personally present at York upon or before the 15th of January ready for the performance of that service, as you shall be directed by a Committee of both Houses which will be upon the place. By the articles you are not to remain hostages above 7 days at the most. Underwritten,
Sir Wm. Selby and Ralph Delaval to be at Durham. Sent by Mr. Bulmer. [Interregnum 23 E., p. 120. Copy. 1 p.]
Dec. 24.
Derby House.
The same to Sir Thos. Fairfax. We formerly wrote to you to give order to some forces to disband the horse in Radnorshire which were under Col. Martin, and had not obeyed an order from the House for their disbanding. We have now received this certificate which we enclose. If it be true that the said horse are disbanded and continue so, then your forces appointed for that service may forthwith return out of that country, which being poor is not able to bear them. [Ibid., p. 121. Copy. 2/3 p.]
Dec. 30.
Derby House.
The Committee of both kingdoms to the Committee of the Revenue. Sir Peter Killigrew being [named] to carry the vote of both Houses to Newcastle to the King, hath informed us that he is unfurnished of money for that journey. We desire you to furnish him with 50l. for that service, and we will move the House [of Commons] so soon as we can that it may be allowed to him. [Interregnum 23 E., p. 123. Copyp.]
Dec. 30. Petition of Richard Mason, of co. Salop, gent., to the Committee for Compounding at Goldsmiths' Hall. That petitioner waiting upon Lord [Henry] Percy, his master, whom he served as a servant, went with him into the King's quarters, but never bore arms, by reason whereof he gave some small assistance to his Majesty in this unhappy war against the Parliament, and has been about 1½ years last past in France, never acting anything prejudicial to the state of England. Prays that he may be admitted to compound for his delinquency and estate, and that this Committee will grant him a license to go to London to prosecute the same. Received 30 Dec. 1646. [Interregnum 102 G., p. 184. 1 p.]
Dec. 110. Deposition of Robt. Fenwick. That in 1646 Holy Island, being in danger to be surprised by the enemy upon the death of its commandant, Captain Shafto, the Committee of Northumberland were ordered to put in forces for the defence thereof, and 500l. was ordered to be paid to this accountant and Mr. Davison for the supply of that island. The charge and care for making provisions being chiefly entrusted to Mr. Davison, this accountant never meddled with the receipt of that money, nor with any provisions, but only jointly with Mr. Davison signed a receipt to the Treasurers at Goldsmiths' Hall for that sum. That in Dec. 1646 Mr. Davison died suddenly, leaving all his affairs unsettled, but this accountant, making search amongst his papers for Holy Island accounts, found some part thereof, from which it appeared that Mr. Davison computed his outlay at 279l. 0s. 7d., and that the sum of 5l. 19s. 5d. was spent in incidental charges. [1½ pp.]
111. List of the Earls Marshal of England, commencing with Gilbert Mareschall, Marshal to King Henry I., and concluding with Henry Frederick Howard, who succeeded his father, Thos. Howard, as Earl of Arundel in 1646. It is in the handwriting of Wm. Ryley, Norroy King-at-Arms, and gives some genealogical and other notes. [2 pp.]
112. Letters by Wm. Ryley, Lancaster Herald, and Robt. Browne, Bluemantle, certifying the pedigree of Wm. Ayliffe, Esq., who married Ann, relict of Frederic Count Lavall. [Endorsed: Certificate into France. Latin. Draft. 3 pp.]
113. Note of claimants in reversion to the office of Clerk of the Signet. Sir Thos. Windebank in possession, but a [Roman] Catholic, and remains beyond seas. Robt. Read, a Catholic, and beyond sea. Mr. Trumbull in reversion, but never served his Majesty. Mr. Beare, servant to Sir Balthazar Gerbier, and during the war and since servant to the last Earl of Pembroke, [has it] in reversion so long as he lives. [2/3 p.]
114. Petition of Thos. Stephens to the Committee of Accounts for the kingdom of Ireland for distressed Protestants there. Petitioner about 6 years since, by this horrid rebellion in Ireland, was spoiled of his estate there and forced to take succour here, where finding a collection made for such persons' relief [see Commons' Journals iv., 329, Nov. 1, 1645], he petitioned the Committee for distributing those collections for a part thereof; and finding he might stay long before receiving any fruit thereof, he entrusted Mr. Richard Seaborne, of Hereford, to receive what should be ordered to him. Seaborne received 7l. upon the petition for the petitioner, which however he pretends he never received. Prays the Committee to call Seaborne before them and examine him, and cause him to restore the 7l. to petitioner, together with his charges in recovering the same. [1 p.]
Petition of Major Benj. Keayne to the House of Commons. In the beginning of the late wars he was captain of a company in the late Lord General the Earl of Essex's foot regiment, and 181l. 1s. 8d. was due to him from Jan. to May 1643, for one month of which he paid his soldiers out of his own purse; spent also 50l. advance money, 20l. for a waggon, and 4l. 12s. for colours, total 255l. 13s. 8d., for which, deducting 20l. 14s. 2d. for provisions, the said Lord General granted a warrant to Sir Gilbert Gerard, then Army Treasurer, but not a penny has been paid, though there are large sums now paid in by the collectors of taxes. Begs an order for payment out of any such sums as he may discover, having been so long out of purse. [Interregnum 96 G., p. 461.]
115. Note of money lent by John Harman, of Towersey, Bucks., deceased, to the use of the Parliament, and other charges which he was at in its service during his life. [1 p.]
116. Petition of certain Fellows and Scholars of Christ Church, New College, All Souls, and other Colleges in the University of Oxford to the Commons in Parliament. That petitioners by their studies and services in the said University being advanced to several Fellowships and other preferments there, were forced upon the King's coming to Oxford to desert their Colleges, and have ever since conformed themselves to the proceedings of the Parliament, whereby they have lost the yearly advantages of their Fellowships, and have been maintained by their friends. Petitioners apprehending the comfort of suffering in a good cause are resolved according to the Covenant, which they have taken, to improve their studies with utmost endeavours in maintenance of that cause, but are impeded by their necessities. Encouraged by former proceedings of your House to others in like case, they desire that out of your favour to poor scholars you would order allowances to be yearly made to petitioners for such pensions and profits as shall be proved upon oath to belong to them in right of their Colleges, out of the University lands now sequestered, and that the Committees and Sequestrators in the several counties may be enabled to pay the same together with the arrears. Names of Fellows and others subscribed. [Damaged by damp. 1 p.]
117. Reasons why divers eminent members of the Universities of Oxford have refused to submit to the visitation of the Commissioners sent by the immediate authority of Parliament. To the effect that the two Houses of Parliament have no power without the King to order, command, or transact them. Underwritten,
117. i. Whether the judicial, legislative, military, and civil power of the Parliament in matters ecclesiastical be not evacuated by this declaration we leave to your wisdoms to determine. [1 p.]
118. Petition of John Tredwen to the Committee of Accounts sitting at Worcester House. Having sustained great losses at sea and been employed in the public service, he prays to be admitted a clerk accountant under your charge. [1 p.]
119. Petition of some soldiers of Captain Otway's troop to the Committee of Accounts for co. Warwick and city of Coventry. They have divers times petitioned for their arrears, due from Capt. Otway, to the Grand Committee, but could obtain no satisfactory answer, only promises. They therefore appeal to you for justice, trusting that you will not see them abridged of their just arrears. Underwritten,
119. i. Names of the soldiers petitioning, with the length of service for which arrears are due. [2/3 p.]
120. Order from the Committee of Accounts in co. Warwick for warrants to be issued out to all constables and inquirers within the particular towns stated to bring in their presentments, fairly written, setting forth what each person paid of poll money, subsidy money, assessments for Ireland, sequestration, excise, proposition, composition, either for their estates or release of themselves, the 5th and 20th part, and in assignation moneys, with the time when the said assessment began, the sum what it then was, the person to whom the same was paid, and when any abatement was made, every man subscribing his own bill. [Draft. 1 p.]
121. Return made by Edw. Lenton, Esq., of Notley Abbey, Long Crendon, co. Bucks., to the 29 questions touching the accounts, of money paid out by him, demanded by the Committee of Accounts. To the articles concerning money, contributions, &c., paid for the Parliament he must refer to the constables of Crendon, who received the sums of him by their bills. [Damaged by damp. 3 pp.]
122. List of the names of such officers and soldiers in the Scots' army as are accused and complained of by the country people. They chiefly belonged to Lieut.-Col. Urry's, Major Elvis', and Captains Johnstone's, Paton's, Bond's, Pott's, and Smith's troops. [1½ pp.]
123. Note by the assessors and others of Ashford, that in regard of the poverty of the five persons here named, your Worships [the Committee of Accounts] would cause their assessments to be cancelled. Total sum, 13s. 2d. [1 p.]
124. Petition of the inhabitants of the City and Liberty of Westminster with the liberty of the Duchy of Lancaster to the two Houses of Parliament. The miseries and distress caused by the present civil war which are like to be augmented if the war be continued as experienced in Germany and the rebellion in Ireland. Urge a reconciliation between his most gracious Majesty and both Houses of Parliament. [Parchment.]
125. Chanson of three stanzas by H. Estienne. The first stanza runs as follows:—
Dans les eaux j'ai pris ma naissance,
Disoit Pystion à Doris,
Sur elles j'ay toute puissance,
Et dompter Amour je ne puis:
Et toutefois ce fier tyran, des eaux a pris son premier être,
Sous Neptune je commande aux eaux, et leur fils de mon cœur est maistre.
Disons done que tout noble cœur
Recognoit Amour son vainqueur.
126. Legal notes stated for opinion of counsel, in a case in which a father surrenders his interest in property to his son on condition of the payment of his debts by the latter out of his wife's portion or jointure. The son for treason in [16]46 forfeits all his estate, but that jointure being made before the attainder could not be forfeited. [1¼ pp.]
127. Notes setting forth Lord Stafford's title to the Castle of Stafford. By letters patent of 28 Henry VIII., July 28, the King granted to Henry Lord Stafford and Ursula his wife the castle and manor of Stafford, &c., Queen Mary, by letters patent 10 July 1554, granted to the same persons the honours of Hereford and Gloucester, the manor and borough of Thornbury, Eastwood Park, Holme Park, and divers other lands. And other lands they have not. Underwritten,
127. I. Genealogical sketch showing the descent of Mary, now Lady Howard, from the above Henry Lord Stafford and Ursula. [1 p.]
128. Legal question as to the precedency of a baron's grandchild. Whether, his father being dead, the grandson shall be reputed as the eldest son of a baron. Answered in the affirmative. The creation, being "sibi et heredibus masculis," doth ennoble the successors to be Lords Barons. Therefore the grandson and heir of a baron so created shall have the same place and precedency as his father should have had if he were living. Viz., Henry, la e Lord Stafford, was reputed as the eldest son of Edw. Lord Stafford, his grandfather, Edward the father of Henry, dying before his father; and so the Lord [Oliver] St. John's case, he being grandchild to [Oliver] late Earl of Bolingbroke [ob. 1646], and in many other cases of that nature. [1 p.]
129. A Book of MS. Notes, apparently designed for historical or legal lectures. It is headed Affairs Parliamentary, and is chiefly extracted from Coke's Reports, his Institutes of the Laws of England, and Richard Baker's Chronicle, or History of the Kings of England, to which works references are repeatedly made. The first part commences with the Gunpowder Plot, and chiefly relates to the reigns of Kings James I. and Charles I., but is not chronologically arranged. The second part is entitled "Indiculus verum summarum ad Parliamentum Anglicanum pertinentium," and is chiefly occupied with the earlier portion of our history, and questions affecting the liberties of Parliament. Though it relates to earlier times it was probably not compiled till this reign or that of Charles II., and is apparently imperfect, as the pagination runs from fol. 681 to fol. 767.
130. Pamphlet by John Cooke, of Gray's Inn, barrister, entitled The Vindication of the Professors and Profession of the Law, so far forth as Scripture and right reason may be judge, and speedy justice, which exalts a nation, may be advanced. Wherein is declared what manner of persons Christian magistrates, judges, and lawyers ought to be, how every man ought to serve God by serving his country, and that two places were never intended for one man. Occasioned by way of answer to a printed sheet entitled. "Advertisements for the new election of Members for the House of Commons." Printed at London for Matthew Walbancke, and to be sold at his shop in Gray's Inn-gate. 1646. [96 pp.]
131. Notes for ordering Parliamentary business for a week, commencing with Wednesday in Easter week. Headed "On Thursday morning,—The preparations for Parliament business on our next re-assembling were by the whole Committee thus distributed." [1½ pp.]
132. Apology of George Lord Digby, in explanation of the unintentional offence given by him to the House of Commons in his speech on the Bill of Attainder of the Earl of Strafford, and his subsequent conduct as Secretary of State to his Majesty. The opening paragraph is as follows:—It may be wondered at that after well nigh a year's groaning under the most unsupportable burden of public displeasure and censure I should now consider myself so much, as in a general calamity, to make an apology to the world, or should hope that at a time when so great clouds of jealousy and disesteem hang over persons of the most clear and unblemished reputation, anything I can say may reconcile me to those affections which have been transported with so much violence to my prejudice. But whoever knows me well, and the great trouble of mind I endured when I found myself, by what demerit I cannot guess, fallen from that proportion of esteem I had with my country, of which I was prouder than I can be of any worldly preferment, into so eminent a degree of disfavour with the representative body thereof, upon whose wisdom and authority no man hath looked with more reverence and veneration, that I was marked out as an enemy to the Commonwealth, I am sure cannot but expect from me some discovery of that sense, and that I should at least endeavour to distinguish my misfortunes from my faults, whereby such as are not engaged in a peremptory uncharitableness may find cause to change the opinions they have taken upon trust of me. Nor am I out of hope that the experience men have since had of the times inclination to calumny by the declining of so many persons of honour and integrity in the popular estimation may at the last open a way to so much justice and ingenuity on my behalf, that all men may discern in their own right, that if they shall so credulously consent upon general discourses to sacrifice a third man's honour and reputation they shall but open the door to let in ruin to themselves and may quickly lose the advantage of their own innocence. I shall begin my unfortunate story from the beginning of this Parliament, reflecting no further back upon the precedent than in a remembrance of the great comfort I then received in my country's acceptation of my first attempts in its service, at a time, as some were pleased to express it, when the Court was at the highest whether to work upon men's ambitions or fears; before that time I am sure I was as unacquainted with action as with envy, having kept more company with books than with men, and being so well content with that society that I had as little ambition as merit to improve my condition. To this Parliament I was sent on the behalf of the county wherein I lived, and truly if I brought any passion or affection thither with me it was my former warmth improved against those pressures and the persons who begat those pressures which were grievous to the people, and against these I will, without vanity, say that I brought as great a resolution to discharge my conscience and my duty as any man in that assembly, and had the happiness for some months to receive that testimony. [This is a very interesting document, but is of too great length to attempt a full analysis of it here, referring as it does to the most active portion of Digby's career, and the action taken against him upon the reading in the Houses of certain intercepted letters of his to the Queen and others, which were published by order of the Parliament. It is undated, but from the entries in the Commons' Journals, vol. iv., was probably written in 1646 or 1647. Draft. 15 pp.]