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Collection of Petitions to which dates could not be assigned,
but which clearly belong to the reign of Charles I. They
are arranged in alphabetical order. |
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1. Petition of Wm. Bringfield, servant to the Prince, His Highness,
and of Eliz. his wife to the Privy Council. Prays settlement of the
difference which had arisen between the Earl of Bedford and
petitioner touching the paving of a way lately made; the Earl for
six years had been solely charged with the pavement, but now
petitioner and his wife were required to contribute. Has been at
great charges concerning this business. In consideration of the
great damages petitioner is like to sustain, prays your Lordships to
settle a final order and conclusion to which he will humbly submit,
and that you would free him from custody of the messenger of this
Board. [Damaged by damp. ½ p.] |
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2. Petition of John Brunt, one of the ordinary messengers of his
Majesty's Chamber, to the same. That some two or three years
since petitioner made two several journeys with your letters and
warrants for fetching up of Sir Wm. Mavill and Abraham Bigo from
the Isle of Purbeck, and likewise for apprehending Isaac Bungar
and John Worrall, who refuse to pay the usual fees. Prays your
Honours to give order for satisfaction to be made to him by the
parties named. [½ p.] |
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3. Petition of Col. Sir Wm. Cathcart to the King. Having
spent much time abroad in foreign service, he has waited all
opportunities to do your Majesty service. His brother who served
your Majesty constantly and faithfully as captain of horse eight
years under Sir Robt. Stuart having been slain in your service,
has left a wife and four children with no maintenance but what
petitioner gives them. Prays your Majesty to confer upon him a
foot company of the standing forces of Ireland. [½ p.] |
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4. Petition of John Clobery, Esq., to the Privy Council. Having
married Katherine Forde, a widow, he was compelled to proceed
in Chancery against her mother for divers great sums of money
disbursed by him; upon which his wife was induced to leave him
and prosecute a suit in the Court Christian for Alimony, much
against his interests as he desired to live lovingly with her. She
had since returned to his house, but he was now threatened with a
warrant to bring him before your Lordships, whereby opportunity
might be afforded to draw her away again from him. Prays your
Lordships to be a means that he may quietly possess his wife, and
that course may be taken for punishment of those ill-disposed
persons who would molest him. [1 p.] |
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5. Petition of Millicent Conyers to the same. Having been there
many years engaged in a tedious suit against Mr. Abraham Sunderland and his father upon a contract of marriage with the son, the
father procured the latter at last to marry another woman; an
order was made by the Judges and Doctors Delegates appointed by
his Majesty to determine this business for payment of 300l. to
petitioner, which only partially covered her charges, but of this
she has only been able to obtain 150l. Prays your Honours to
send for Abraham and his father Richard by a messenger, and to
commit them to the Fleet prison until the remaining 150l. be paid.
[1 p.] |
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6. Petition of Claud Cordier, master of a ship at Calais, to the
Queen. That he is detained prisoner in Dover Castle since two
months having been falsely accused of uttering certain words
against his sacred Majesty the King, whereas he has ever desired
to honour and serve so good and wise a King. Prays the Queen,
out of her accustomed clemency, to intercede with the King, so that
he may be released from prison and suffered to pursue his calling
as an honest man. [French. 1 p.] |
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7. Petition of David Dacosta to the King. Was born beyond
the seas, but having lived with his family many years in this kingdom, desires to continue in the way of his calling and to become
one of your faithful subjects by taking the oaths of allegiance and
supremacy and paying customs as an alien. Prays letters patent
of denization under the Great Seal. [1 p.] |
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8. Petition of John Damon to the Privy Council. Having
brought a quantity of clay to the value of 100l. to London, thinking
to have uttered it as formerly, he was prevented by Richard Cox,
in the name of John Lea, Esq., who detained his goods under a
pretended patent. He gave bond in 20l. at Poole for delivery
thereof at London, which he has performed. Prays the Council to
call Cox before them to show cause by what authority he detains
petitioner's goods, that he may receive such relief as may be thought
meet. [2/3 p.] |
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9. Petition of John Damyn, of Weymouth, shipwright, to the
same. Have with others been employed by John Blatchford and
John Hill, of Dorchester, merchants, in transportation of their
goods, being not customed, from Weymouth and Poole into Ireland.
They are unable to obtain payment for their service, these merchants having grown so rich that they dare not take course of law
against them. Prays the Lords to grant a warrant to the Mayor
of Weymouth and Melcomb Regis to inquire in what and how
much these merchants have wronged the King and the subject in
that kind, and to take order for righting petitioner and his friends.
[1 p.] |
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10. Petition of Bertrand Decott and John Teliscas, to the King.
That petitioners lately going over into France, with Teliscas' two
sons, who had your Majesty's pass, and they a pass from the
Lieutenant of Dover Castle, were nevertheless stayed and taken
by Captain Ferne, who pretends your commission of war. Having
wounded them, this Captain rifled them of all they had to the
value of 1,000l., and having stripped them naked set them ashore,
and they are now returned to seek relief of your Majesty. This
captain is set forth by Mr. Thos. Chewe and other merchants of
London, so they pray your Majesty to commiserate their miserable
estate and to give speedy order therein. [½ p.] |
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11. Petition of Joan Densme to the Privy Council. Having
recently married Claud Densme, a Frenchman, she went with her
husband to Gravesend with the object of accompanying him to
Calais, but there was not suffered to embark, having omitted to
procure a permit, so that she is left destitute. Prays the Lords to
grant her license to embark and so join her husband over sea.
[1 p.] |
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12. Petition of Mary, wife of James Dixon, of Whittlesea,
labourer, to the King. Having been convicted at Quarter Sessions
for Nassaburgh, co. Northampton, of the stealing of a bay gelding
worth 4l., the chattel of Thos. Cooke, she was sentenced to be
hanged and "is not to be avoided by the strictness of law," although
it appears by the annexed certificate that she is a fit object of your
Majesty's mercy. Prays pardon for the said offence. [½ p.] |
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13. Petition of Captain John Douglas, Sergeant Major, to the
King. Having been for 11 years continuously employed in the
service of Elizabeth, Queen of Bohemia, the Duke Christian of
Brunswick, and the King of Denmark, for which he has received
only one year's pay, and now beholding the multitude of suitors,
who presently did press the State, had out of modesty resolved not
to trouble your Majesty at this time, being confident to have
enjoyed the post of Lieut.-Colonel in Sir George Hayes' regiment,
but far contrary to his expectation he now finds himself to be
opposed by your Majesty's will, in which he esteems himself more
unfortunate than in all his lost time. If your pleasure be such
that he must desist from prosecuting his claim to the said place, he
then prays your Majesty to give order for satisfying his arrears
that he may be enabled to pay his debts and push his fortune somewhere else, since he his destitute of all other means of attending
here any longer. [½ p.] |
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14. Petition of John Dunch, of Baddesley, Hants, to the King.
Holds a lease for years of a farm at Chilbolton, Hants, from the
Dean and Chapter of Winchester, whose ancient usage and custom
hath been time out of mind upon their tenants' applications to
renew their leases and continue their estates to them before all
others. That petitioner in pursuance of this custom made application and would undoubtedly have obtained the renewal of his
lease had not Charles Lord De la Warr upon letters recommendatory
for the same from your Majesty to the Dean and Chapter interrupted
petitioner's proceedings therein, intending to deprive him of his
just interest in and to the same, contrary to all equity and good
conscience. Forasmuch as petitioner's lease is at present charged
with raising and payment of divers legacies and sums amounting
in the whole to 1,300l. upon just presumption that it would be
renewed, and without which he is no way able to satisfy this sum.
Prays that your Majesty would either be pleased to recall your
royal letters, or else signify, notwithstanding, to the Dean and
Chapter your pleasure that they should pursue their ancient custom
and freedom in granting and renewing their tenants' estates whereby
petitioner may be restored to a capacity of enjoying his most just
and undoubted right. [1 p.] |
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15. Petition of John Freake, of Crewkerne, co. Somerset, to the
Privy Council. Having mortgaged certain lands in that county to
Wm. Floyer for 250l., and failing the day of payment, Floyer took
advantage of the forfeiture and retained the lands, leaving them to
his kinsman John Floyer. Prays that this matter be referred to
certain justices of peace named, that they may mediate some
charitable end between Floyer and petitioner in this business, or
else certify the state of the cause to your Lordships. [½ p.] |
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16. Petition of the same to the same. Statement of the mortgage of certain lands to Wm. Floyer as related in the preceding.
Petitioner for the preferment of his son Wm. Freake made over to
him the fee simple of the manor of Eastham, with a present
annuity of 60l. and a competent jointure for his wife, reserving
only an estate therein during life. His son combining with John
Freake of Hilton has by unfair means got possession of the manor
and lands. Prays that the premises may be referred to the examination of [John] Lord Poulett, Sir George Speeke, and others
named. [1 p.] |
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17. Petition of Lancaster Gibbons, Sergeant-at-Arms to the
King. That he hath faithfully served your royal father and your
Majesty these 30 years with great expense of his estate, having by
his travail and industry caused many thousand pounds to be
brought into the Exchequer. Having lost his eyesight and fallen
into great misery he is a petitioner to be admitted one of the Poor
Knights of Windsor, either in the new plantation of Sir Francis
Crane's or on the vacancy of one of the old. [1 p.] |
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18. Petition of Edward Grey and Wm. Rumbold to the King.
That Elizabeth Quested is tenant by lease of several tithes belonging to the Dean and Chapter of Durham, being parcel of the
rectory of Norham, the which lease is nearly expired. A person
employed by her having sealed a lease under such rent and
covenants as she now rejects, petitioners are ready to accept the
same, and pray your Majesty to recommend them to the Dean and
Chapter for tenants. [½ p.] |
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19. Petition of Elizabeth Grubbe, widow, to the Privy Council.
Has been a suitor these five years to be relieved about a glasshouse
in Lambeth, against Sir Edw. Zouch, and the other patentees to
whom the said house was leased. You formerly directed your
letters to Sir E. Zouch and Sir Robt. Mansfield, and the other
patentees, requiring them to pay to petitioner so much rent and
charges for reparations as then proved due to her amounting to 82l.,
whereof she has only been able to obtain 31l., leaving 51l. still unpaid, and which she cannot recover. Through the infinite delays of
the patentees and her great want she is compelled to renew her
troublesome suit, praying your Honours to give order for the immediate payment of the 51l. She has lost in dead rent, in suit of
law and repairing of the houses, fully 432l. 10s. 8d., to her utter
ruin if your Lordships take not pitiful commisseration of the distressed estate of a poor widow. [1 p.] |
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20. Petition of Philip Gruin, merchant of Paris, to the King.
By reason of his recent great losses and ships taken at sea he has
been unable to satisfy his creditors in France, and in order to
procure time to collect his resources has obtained from the French
King letters patents of protection, which with his petition he
caused to be presented to the Provost of Paris, and signified the
same to James Collange, one of his creditors. Is informed that
Collange is come over into England for to arrest and imprison
him. Prays the King in commisseration of his great losses and
crosses to take him and his goods into your Majesty's protection
and defence, and to grant him your warrant of protection for one
year, [1 p.] |
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21. Petition of John Harris to the King. Has been a seaman in
your Majesty's service, but falling into lewd company, with whom
he was taken in a felony, robbing another man of 7s. in the night,
is now convicted and condemned to die for the same. Being a
very lusty young man in the prime of life and a very good waterman, able to do your Majesty service in any part beyond the seas,
prays your pardon for his life. |
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22. Petition of Wolfgang Hawser to the King. Was born in
Zurich, and bred up in the art of chasing and embossing in gold,
silver, and other metals, and being desirous to improve himself in
his calling, and to attain to more knowledge by travel, came into
this kingdom near four years since, where he would willingly spend
the remainder of his days, having been bred in the Protestant
religion, if he might obtain that favour, as other aliens have done,
by being made a free denizon, and so become a subject to your
gracious Majesty. Prays letters patent to be a free denizon of
England, so that he may follow his calling here, in which he hopes
to be of more use to your Majesty than others, having finished
several pieces of work for your use of late. [1 p.] |
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23. Petition of Henry Hayes, Searcher of the Custom House at
Ipswich, to the Houses of Parliament. Having seized a billinger
belonging to Ostend freighted with barley, to be transported
thither, now lying in Ramsey Creck, he desires an order from the
Parliament how he shall dispose of the commodity with speed, for
the goods will take loss by keeping. [1 p.] |
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24. Petition of James Hayward, of Gray's Inn, to the King.
The better to fit himself for your Majesty's service in a martial
way petitioner served for six years as a volunteer in the service
of several foreign Princes, and has for the last four years reserved
himself in readiness for some employment either on sea or land.
In respect that a fleet is shortly to be set out he prays the place of
captain in one of the ships of the said fleet. Dorso, |
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24. i. Sir Edw. Powell was commanded to put this petition
in Mr. Secretary's hand, that the King might be reminded thereof in time. Sent by Sir Edw. Powell.
[2/3 p.] |
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25. Petition of Richd. Helliard, merchant of Southampton, to
the Privy Council. Has now on his hands 100 lasts of corn,
which he cannot vend in these parts without great loss, the price
being under the Statute allowance for exportation. Prays leave to
export the same to friends in amity, as Holland or Zeeland, in the
ship "Lion" of Flushing. Underwritten, |
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25. i. Langhorne the like. [½ p.] |
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26. Petition of the King's Heralds and Pursuivants at Arms to
the same. Upon sundry complaints the late King James was
pleased to command the Commissioners for the Office of Earl
Marshal then being to settle an order for regulating of funerals
and other matters concerning the office of arms. Upon some
misinformation this order, in the last year of his reign, was commanded to be brought into the House of Commons, where it was
discussed without any resolution being come to, so that it still
remains in the custody of the Clerk of that House, notwithstanding several Parliaments have since been held. Pray warrant
to the Clerk for the redelivery of the said order. [1 p.] |
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27. Petition of Thos. Heywood to the same. Has a cause
depending in the Court of Requests against Francis Muriell, for
detention of certain lands and goods for recovery whereof in
regard of his poverty petitioner has been admitted to sue in formâ
pauperis. Wm. Trundle having privately got an outlawry against
petitioner for some debt has transferred the same to Muriell, who
threatens to arrest petitioner thereupon, and to lay divers actions
upon him at the time of the execution of a commission between
himself and Muriell, which will be speeded at Dereham in Norfolk
this vacation, which commission, and the execution thereof is to
be returned about the second return of Michaelmas Term next.
Prays a free pass to go down into Norfolk to attend this commission, and until the second day of next Michaelmas Term,
which will be a means to preserve his poor estate from ruin.
[1 p.] |
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28. Petition of Henry Hodges, master and owner of the
"Harry" of Dublin, to the King. His ship the "Harry" of
Dublin having been seized by the French as a prize, originally
taken from them by the Dunkirkers, from whom she was first
bought, petitioner beseeches your Majesty to commiserate his
case and give order for his relief. [2/3 p.] |
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29. Petition of James Houbland of London, merchant, to the
Privy Council. Has ever been regular in payment of his Majesty's
customs and duties. A year ago he laded in the "David
Alexander" of Dieppe for the account of Nicholas Cognard of
Rouen, one bale containing 32 pieces of perpetuanos and serge,
which being seized as French goods is stayed in the custody of
his Majesty's Commissioners. Prays order to the Commissioners
for French goods for the redelivery to petitioner of the perpetuanos
and serge; his own goods, of far greater value, being now stayed
at Rouen in Cognard's hands, in respect that the latter's goods are
stayed here. [2/3 p.] |
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30. Petition of Wm. Howard of Redriffe [Redruth in Cornwall]
to the King. Upon information that he should destroy his
Majesty's fowl, has been committed to the custody of Ralph
Hardwick, a messenger. Prays the King to give order that he
may be brought to a speedy hearing, or be liberated upon bail, for
recovery of his health. [½ p.] |
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31. Petition of Wm. Howe, minister, to the Privy Council. At
the earnest suit of the Alderman and Burgesses of Grantham, co.
Lincoln, he was induced to leave a certain place and means of
maintenance for life in order to come to Grantham, and there
supply the place of one of their vicars, he being suspended and
sequestered. It was agreed that the petitioner should receive the
allowance of 20l. per annum during the suspension of the vicar,
as also a covenant of assurance of 40 marks per annum so long as
he should be continued by the Bishops of Lincoln there to preach
as a lecturer. The Alderman and Burgesses, knowing petitioner
to be a very poor man, unable to contest with them in law, now
absolutely refuse to perform their covenant, or to allow him the
maintenance formerly due to him. Prays letters to the Alderman
and Burgesses requiring them to perform their covenant with
petitioner, or else to appear before your Lordships to show some
lawful reason to the contrary. [1 p.] |
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32. Petition of the Laird of Hunthill, junr., to the King. The
necessity and reasons for building a bridge at Kelso. The many
Christian souls that perish by water for want of a bridge. The
great advantage which will redound to both kingdoms by trading
and commerce which is now obstructed, the river of Tweed not
being passable for the most part between Michaelmas and Easter.
That the way between London and Edinburgh will be 20 miles
shorter and better. Therefore petitioner prays you to signify your
Royal pleasure for a contribution or imposition, in what way you
think best, for the building and raising so charitable a work, and
that he may be empowered to receive and distribute the same for
that purpose in both kingdoms. [1 p.] |
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33. Petition of Gabriel Kenton to the Privy Council. That Henry
Manfield, Esq., having wrongfully detained from him 110l., being
his whole estate, for about 22 years, the matter was referred by
mutual agreement to certain divines who resolved that Manfield
ought to make restitution of that sum with considerable recompense, notwithstanding which he still withholds petitioner's money.
Prays that he may be sent for with one John Gunnell as witness of
the premises, petitioner being too poor to contend at law. [2/3 p.] |
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34. Petition of [the Overseers of Kingston-upon-Thames] to the
same. They have used all possible care and endeavours for repairing of the King's highway at the west end of Kingston, but are
opposed by Wm. Clifton, Henry Hammond, and other refractory
inhabitants, who resist payment of the rates. Pray that these
refractory persons may be sent for, or else such course be taken
with them that this needful work may not be hindered. [1 p.] |
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35. Petition of Wm. Kith, prisoner in Newgate, to the King.
Having been preserved through your Majesty's sovereign mercy
from death prays that you will extend the same mercy to his
enlargement and not let him remain here, the place being more full
of horror than death. [½ p.] |
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36. Petition of John Lehon, engineer, to the King. You were
pleased to grant him a Privy Seal, but he cannot obtain payment
of the money, not being able to get audience of the Lord Treasurer,
but only delays and ill words. Being detained here he will spend
his money before receiving it, besides losing his time and occasion
of advancement by the Prince of Orange. Prays your Majesty to
command that his Privy Seal may be paid. [1 p.] |
37. Petition of Sir Lewis Lewknor, knt., master of the ceremonies, to the king. Represents the mischief done by the continuous destruction of woods and underwoods notwithstanding the
good laws and statutes made by your most noble progenitors
against the great waste, destruction, and spoil of timber, which is
required for the maintenance of the navy and buildings. Prays a
grant of all fines, forfeitures, and penalties due to your Majesty by
reason of such offences committed in the past, and for six years to
come, within cos. Kent, Sussex, and Herts, under Letters Patents
which may be a sufficient warrant for him to receive the same to
his own use. Underwritten in a different hand:—
Be pleased to excuse my defect in this,
And I'll amend what ere is thought amiss,
By all the gods of Hellespont. |
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[1 p.] |
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38. Petition of the inhabitants of the hunds. of Little and Lessness and adjoining hunds. in co. Kent to the Privy Council. It
appears by the Lord Lieutenant's letters to his Deputy Lieutenants,
that there are several Scottish companies, numbering 1,600 men,
lodged within the said hundreds, which by reason of their poverty
are unable to entertain them without the utter undoing of the
families there resident. Forasmuch as the billeting of those
companies seemeth contrary to his Majesty's pleasure lately signified
by his gracious answer in Parliament, and tends to an apparent
undoing of petitioners, who by reason of their vicinity to London
are subject to many other of his Majesty's taxes and charges, and
which billeting, if continued, will prevent them from paying his
Majesty's subsidies lately imposed on them. Pray present order
for the removal of those companies from these hundreds and parts
adjacent. [2/3 p.] |
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39. Petition of John Lucas, B.A. of St. John's College, Cambridge, to the King. Petitioner's father was servant to the
Countess of Dorset, but died 18 years since. By the kindness of
friends petitioner was preferred to the said University, where he
has commenced B.A., and the Master and Fellows are ready to
certify concerning his conversation and ability, but as the county
of his birth, Surrey, can claim no propriety to any preferment in
his College, they are unable to admit him to a fellowship. Prays
the grant of a Privy Signet for a fellowship in that College.
[2/3 p.] |
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40. Petition of John Macham, minister, to the King. There being
ten prebends in Worcester Cathedral in your Majesty's gift and
donation, prays preferment to the first which shall next become
void. Annexed, |
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40. i. Mem. A prebend in the Church of Worcester is but of small
value in the King's books, viz., 20l. The yearly profit
in money is but 7l. 16s. 8d. and 8d. per diem as long as
the Prebendary remains resident, with other profits
amounting in all to 50l. yearly. Proffers the Bishop of
Salisbury's attestation [of his fitness] but if this be not
accepted of by his Majesty, prays reference to any other
Bishop for [a certificate of his] deserving sufficiency for
obtaining the same. [½ p.] |
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41. Petition of Patrick Maxwell to the King. His resources, in
attending on this suit and by his four chargeable journeys lately
from Cambridge to York, have become exhausted, so without some
temporary allowance he will be compelled to relinquish this suit
and not attend, as directed, your Majesty's royal "decernitor"
concerning that provision conferred upon him. [1 p.] |
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42. Petition of Wm. Montgomery to the King. The place of
Receiver of your Majesty's Revenues in cos. Stafford, Salop, Hereford and Worcester having become void by the decease of the late
Receiver who held it by patent of James I., prays that your
Majesty would confer the said place on petitioner. [½ p.] |
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43. Petition of Anne Moseley and Sarah Holmes to the Privy
Council. About 11 years since a Commission was sent down to
Sir Thos. Freake and others, and thereby a discovery made of an
annuity of 20l. per annum out of the lands of Walter Parker in
co. Wilts, made over to John Eldrington, which passed to his four
sisters as co-heirs. Petitioners being claimants to a share in the
same through one of the co-heiresses, pray protection against a
forced sale of their interest by the other inheritors. [2/3 p.] |
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44. Petition of J. Munro to the same. I desire to know the
cause of my imprisoning. It was only my true and affectionate
desire which brought me to offer my service to his Majesty, therefore if it please you to try me and show me the cause wherefore I
deserved such usage, I will readily submit to such punishment and
more. [1 p.] |
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45. Petition of Michael Nunes and two other Portugees to the
same. Were taken on a voyage from Brazil to Portugal by Captain
Thos. Chaplaine and brought into Youghall, from whence they are
come hither to obtain passes to return to their native country.
Being very poor pray you to grant them a warrant that they may
go home. [½ p.] |
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46. Petition of Wm. Parker, clerk, to the King. Although he
has the title and consent of the true and undoubted patron of the
parsonage of Ecton, co. Northants, he prays your Majesty's presentation to the same, so that he may be the better assured in the peaceable following of his calling, against the practices of ill-disposed
persons. [½ p.] |
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47. Petition of Wm. Pensack to the Privy Council. He being a
seaman and having spent 25 years in the King's service, unfortunately purchased a cable rope which had been stolen, although
unknown to him, and for that offence was imprisoned and coming
to his trial before the Judge of the Admiralty, was condemned to
die. For that he neither committed this fact nor did anything
deserving death, he hopeth for his Majesty's gracious pardon. But
by reason of his Majesty's absence, and the day of execution tomorrow, he appeals to your Lordships to defer the day of execution
till his Majesty may be moved in his behalf, or to grant him a
reprieve till the next Assizes. [1 p.] |
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48. Petition of John Perryman to the same. A year since a
soldier from Pendennis Castle with two persons named Bullock and
Service, carried off 6 loads of dressed timber worth 16l. from
petitioner's grounds pretending it to be for his Majesty's use, but
could show no warrant for their so doing. Petitioner having
received no satisfaction for his goods brought his action at common
law in Easter Term last against Bullock and Service, as he humbly
conceiveth it was lawful for him to do, whereupon complaint being
made to your Lordships that he had wrongfully molested them, you
granted a warrant for his apprehension, and he now lieth in the
custody of a messenger, to his great grief and charge, he being an
attorney. Prays out of your special favour and goodness you would
take his estate into consideration and send for Bullock and Service
that the truth may be discovered, and that he may be released of his
imprisonment and receive satisfaction. [2/3 p.] |
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49. Petition of John, Earl of Peterborough, to the King. That
by a statute made 3 Henry VII., it was enacted that no man might
make exchange without the King's license, nor make any exchange
or rechange of money to be paid within this land, but only such
as the King shall depute. That Queen Elizabeth did grant her
letters patent to the Lord Treasurer Burleigh, conferring upon him
the charge and office of the custody of the change, exchange, and
rechange within England and other her dominions to make or to be
made as well to foreign parts as from the same; and did thereby
also give license to merchants and others to make exchanges and
rechanges, with divers other things tending to that purpose. This
grant was for 23 years, at an annual rent of 30l. Queen Elizabeth
did also thereby erect the office of brokers of the said exchange
and rechange, and gave Lord Burleigh power of appointing those
brokers. Whereas by virtue of this grant many good effects were
produced, yet being expired the grant has not been renewed, and
your Majesty not answered any profit of the same, and every man
exchanges and rechanges money at their pleasure without license,
whereby many inconveniences have daily and are like to ensue to
this Commonwealth. Prays your Majesty to grant petitioner a
renewal of the said office, with those powers, liberties, and advantages tending thereto, under the yearly rent of 60l., which is
double the former rent, and that a Bill may be drawn to that effect
ready for your Majesty's signature. [John Mordaunt was Earl of
Peterborough from 1628 to 1642. 1 p.] |
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50. Petition of John Pett, of Yarmouth, mariner, to the Privy
Council. Petitioner being master, owner, and merchant of the
"Andrew" of Yarmouth, was upon a voyage from thence to France,
when his ship and goods were taken from him by Dunkirkers, and
he and his men after being plundered were put on shore to seek
and shift to get home. One Harte, of London, merchant, having
secretly combined with the Dunkirkers, has become part owner,
and trades from hence with them. The ship now lies at Tilbury
full laden and bound for Dunkirk. All this he is able to prove,
and by that means will entitle his Majesty to the goods now laden.
Prays order to be given for stay of the ship and goods, he being
ready at his own charge to prove the deceit, and so entitle his
Majesty to the now lading, of great value, he desiring only his ship
to comfort himself again. Dorso, |
|
50. i. Received, 10th of November. [2/3 p.] |
|
51. Petition of John Pickford to the King. That in the 12th
year of King James he with Wm. Harley was found guilty of the
murder of John Crocker, having been present when Harley struck
Crocker on the thigh with a sword, of which wound the latter
ultimately died. In respect that at the time of the judgment
petitioner was absent beyond seas and did not appear he became
outlawed, although ignorant of anything that could be justly laid
to his charge. Having for many years suffered much sorrow and
misery for that unfortunate accident done in his company and
without his assent, prays your Majesty's gracious pardon of the said
murder, outlawry, and conviction under the Great Seal, and that
he may be restored and enabled as a free born subject, notwithstanding that offence. [1 p.] |
|
52. Petition of John Poulter, messenger of the King's Chamber,
to the Privy Council. That there was due to him from Sir Roger
Dallison, knt. and bart., for board and lodging for himself and
his two sons 300l., as by Privy Seal and warrant remaining in
Sir Robt. Pye's office may appear, for want of which money he was
forced to sell his place and put to much inconvenience, and yet
there is 20l. remaining in the hands of Sir R. Pye. There is also a
debenture of 108l. 13s. 6d. remaining in the hands of Mr. Francis
Morris, Clerk of the Ordnance, which should have been paid him
six years since by order of your Board out of the money arising
from sale of Dallison's lands, likewise a warrant directed from your
Board to Sir Wm. Uvedale, knt., for payment of 16l. 10s. two years
since, but not getting payment of that he was forced to borrow of
Mr. Morris 45l., and assigned to him as security the said debenture
and warrant, together with his personal bond. Whereupon, the
money being unpaid, Mr. Morris has arrested petitioner, which
will tend to his utter ruin. Prays the Lords to call Mr. Morris
before them, and take present order that he may be satisfied of the
money due to him and surcease his suit, and that the remainder
may be paid to petitioner for relief of himself and family. [1 p.] |
|
53. Petition of George Pounsett and John Eustace, his Majesty's
native subjects, to the Privy Council. Coming over from France
they were wrecked at Dover, and committed by the Lieutenant of
that castle to prison for not taking the oath of allegiance, and so
do remain prisoners at the mercy of his Majesty and this Honourable Board. Having been nurtured in the Roman Catholic faith
they refused the oath, not out of any wilful disobedience or disloyalty to his Majesty, but only out of the tenderness of their
conscience, as being ignorant how far the same may be contrary to
their religion. Having suffered wreck of all they had, and being
ready to give security for their loyalty and their forthcoming at
any time when required, they pray you to pity their distress and
give them liberty to endeavour their own relief and supportation,
being now like to perish. [1 p.] |
|
53a. Petition of John Pratt, one of the attorneys in the Court of
Common Pleas, to the Master, Wardens, and Assistants of the
Company of Painter-Stainers in London. The place of clerk to
their Company being now void by the decease of Mr. Richd. Bryan,
he desires them to afford him their votes for his choice and election
to fill that place. [½ p.] |
|
54. Petition of Edw. Proger to the King. In August last he
petitioned your Majesty for a lease of the concealed buildings,
erections, enclosures, and encroachments upon your waste and
common grounds and concealments of your lands not in charge
which you referred to the Attorney General, who certified that
you might by law grant the same. Upon this certificate he having
again petitioned your Majesty, you referred it to the Lord Treasurer,
and he to the Surveyor General, who reported that petitioner might
have a grant of the same for cos. Essex, Surrey, Herts., and Berks.
for term of 31 years, reserving a fourth part, without disservice to
your Majesty or injury to any others. Thereupon petitioner at his
great costs and charges took out a commission for discovery thereof
and has expended great sums about the same. Beseeches your
Majesty to grant him a warrant to the Attorney General to prepare
a bill for your signature granting to him the premises, it being an
increase to your revenue and an encouragement to petitioner.
[2/3 p.] |
|
55. Petition of Dr. Wm. Quatremaine or Quartermaine to the
King. He is informed that there is a parcel of meadow ground
about 22 acres, called the Prince's meadows, also a piece of waste
ground of 3 acres taken out of the Thames, and now built upon,
and likewise a wall or bank containing about 1½ acres, leading
from the bargehouses to the sluice adjoining to the Prince's
meadows, all parcel of the manor of Kennington, now out of lease
and in your Majesty's gift. [½ p.] |
|
56. Petition of the Mayor of Reading to the Privy Council. In
January, by direction from the Deputy Lieutenants of Berks.,
about 90 soldiers were billeted within the borough, and money
for their sustenance collected of the inhabitants and country adjacent. For some six weeks past the country has refused to
contribute their two thirds of the assessment, so that the borough
is no longer able to sustain the charge, and the persons upon whom
the soldiers have been billeted are now turning them out of their
houses and others will not admit them, of all which I thought
it my duty to advertise your Lordships. Prays your Honours to
take some speedy course to prevent the ill consequences that may
happen by setting such men loose to shift for themselves; for it is
not to be expected that any will billet them any longer. I have
already addressed myself to the Deputy Lieutenants near adjoining,
but all the advice I can get from them is that I should petition
your Lordships, which has emboldened me in this behalf. Humbly
desiring you to provide some present remedy to prevent the
threatened mischiefs, I shall daily pray for your Lordships.
[2/3 p.] |
|
57. Petition of Robt. Reeves, Clerk of the Cheque, on behalf of
Edw. Midwinter, one of the Yeomen of the Guard, to the King.
That Midwinter was lately fined in the Court of Star Chamber in
1,000 marks, for buying and selling cattle contrary to your laws,
which fine has since been reduced to 500l. For that he committed
the offence in ignorance of your laws, and the greater part of the
cattle by him so bought were preserved by special direction for the
provision of your Majesty's ships, may it please you to remit his
fine, and discharge him from his imprisonment in the Fleet.
[Damaged by damp. 1 p.] |
|
58. Petition of Harkor Reynors and Co. of Amsterdam to the Privy
Council. A ship of theirs, the "St. Peter" of Anchusen, having
been wrecked upon the coast of Sussex, but the crew saved, they
obtained a commission of restitution for the goods saved out of
the Court of Admiralty. They are impeded in the execution of
the commission by some claiming under Edward Earl of Dorset,
and by Sir Thos. Pelham, who pretend that, the ship being a
wreck, her lading belongs to them as lords of the adjacent
lands. In satisfaction of which doubt petitioner has not only made
proof that she is no wreck, but put in sufficient caution into court
to answer the value of goods recovered to any person who shall
justify a title against them. Prays the Council's letters in an
effectual assistance of the said commission, so that the 8 pieces of
ordnance and goods saved may be delivered up to him, also a
warrant to enable him to transport them without hindrance, having
paid the due salvage. [1½ p.] |
|
59. Petition on behalf of those who bought the plate belonging
to the Duchess of Richmond to the king. That three fellows were
hanged at Tyborn the last sessions. The persons who bought the
plate from them have restored it to the Duchess, but are suitors to
your Majesty for a pardon lest afterwards they be questioned by
such as are unfriendly to them. [¼ p.] |
|
60. Petition of Ralph Robinson, a messenger of the king's
chamber, to the Privy Council. Having been employed by warrant
to bring up Mrs. Leversage out of Lancashire prays order for
payment of fees, she having been discharged without his having
notice thereof. [½ p.] |
|
61. Answer made by Lawrence Burlamachi, merchant stranger,
to the petition of Bertran Rogues. That Julian Junge, merchant
stranger, was indebted to him and his partner in 34,000 ducats or
about 10,000l., and so acknowledged by Junge in his will. For
discharge of this debt, Junge's widow entrusted to Rogues money
to be collected and good's belonging to the testator's estate. Rogues
having received the money and goods refused to pay them a penny.
Legal proceedings taken thereon. Rogues' practice is to escape if
he can without sureties given and so absent himself again from the
plaintiffs as he did before. Prays that Rogues may still remain in
prison unless he consents to put in sureties according to the last
order made by his consent, for plaintiffs doubt not but the said
writ is still in force and his imprisonment lawful whatsoever he
pretends. [2/3 p.] |
|
62. Petition of the nobility and gentry of co. Rutland to the
king. Although Rutland has been time out of mind an entire
county of itself with a sheriff, assizes, justices of the peace, knights
of the shire, and other incidents thereto as an entire county, yet in
military affairs has been heretofore subject to the Lord Lieutenant
of another county. Pray his Majesty to appoint a Lord Lieutenant for that county only. [2/3 p.] |
|
63. Petition of James Rosse and three others, Pages of the Bedchamber, to the King. That one Robert Davy of Hethersfield,
Essex, having lately struck [name blank] with a cudgel, he died
shortly after. There is, owing to petitioners for their liveries out of
the Great Wardrobe, an arrear of 234l. 1s. 8d., while most of your
servants are paid the like arrears. Pray that in the event of Davy
being convicted your Majesty would bestow on them his estate in
lieu of their arrears, and that in the meantime a caveat may be
entered in the Signet Office for petitioners to prevent all others
from applying for the same. [2/3 p.] |
|
64. Order made by the king [on the Petition of Sir John Savage].
His Majesty much commiserating the petitioner's case is pleased to
direct that the Lord Keeper do award a Commission out of the
Chancery under the Great Seal to Sir Henry Wallop, Sir Wm.
Uvedall, and six others named, with power to any three of them to
examine upon oath and to proceed and do according to the tenor
and true intent of the order mentioned in this petition and to
certify his Majesty of their proceedings as by the petitioner is
desired. [½ p.] |
|
65. Petition of Oliver Sawle, Esq., and Henry Carlyon, gent, on
behalf of themselves and other the inhabitants of the town and
parish of St. Austell, in Cornwall, to the king. That their town
has a great trade in corn, fish, and tin, being very populous, and
has a fair market-house and other necessaries commodious for
keeping markets and fairs. There being no market within six
miles, they pray Your Majesty by your letters patents to grant
them the franchise and liberty of keeping a market weekly on
Fridays and two fairs yearly on the days mentioned in the inquisition quoted. [1 p.] |
|
66. Petition of John Sharpe, one of your servants, to the king.
That three years since Sarah Jerom obtained a grant by Patent
for herself with one Webb to have the sole cutting of fir scales for
the making of band boxes and sword scabbards, pretending a
claim to the engine invented by John Lane for this purpose,
whereas Wm. Burrowes had erected a far better engine for this
purpose and had it in use long before your Majesty's grant to
Jerom. Prays your Majesty to grant to him and his friend
Burrowes license to use their engine or instrument for cutting fir
wood and beech into scales for the use of this kingdom for 21
years, with power to buy all such scales as shall be imported at
present prices. Also that you would empower petitioner to
suppress any other engine that may be used in this work, notwithstanding the former grant to Jerom, and refer the consideration
of the premises to Henry, Earl of Manchester, Lord Privy Seal
[from 1628 to 1642]. [1 p.] |
|
67. Another copy of the same petition. [1 p.] |
|
68. Petition of Peter Shatlett, one of Her Majesty's footmen, to
the king. That Morcella Steenes, having been entrusted by the
States of Holland to receive their revenues, defrauded them of
22,400l. as was discovered and proved by petitioner's father-in-law,
who was awarded a tenth part, amounting to 2,240l. by the Lords
for that service. Of this sum, his father-in-law received but 810l.
Prays His Majesty's letters of favour to the Lords the States of
Holland and Council thereof, that he may have justice and receive
the arrears of the money promised to his father-in-law for that
service. [1 p.] |
|
69. Petition of Robt. Slowe to the Company of Painter-Stainers.
For the appointment of Clerk to their Company that place being
now void by decease of [Richd.] Bryan. [See Petition of John
Pratt. ⅓ p.] |
|
70. Petition of Francis Smith, James Fresse, and three others, to
the king. That they are able to make discoveries of money, goods,
and other treasure concealed and detained but properly belonging
to your Majesty, before any Commissioners or other persons that
may be appointed to that end. They prey a grant of a third part
thereof, having spent much money, time, and pains in finding out
the same. [1 p.] |
|
71. Petition of Richard [Lane] and Wm. Smyth to the king.
That King James did grant to Thos. Wiseman the office of Assay
Master for tin in cos. Devon and Cornwall by letters patent
dated 4th August 1606, during his life and the life of Henry
Sweeting. That the interest of the said office is by mean assignment come to your petitioner, Wm. Smyth. That you were pleased
to grant petitioners the insertion of their two lives in the said office
upon surrender of the patent mentioned above. But before they
could procure the surrender of the old patent, your Majesty, they
are informed, gave a warrant to Jeames Robins and another for a
reversion of that office. Pray your Majesty according to your
former intention to grant them a warrant for the passing of a
patent for their two lives and the longer liver and to recall the
warrant given to Jeames Robins. [p. 1.] |
|
72. Petition of Wm. Smyth to the king. That the office of Assay
Master of tin in Devon and Cornwall, which was granted by patent
of King James to Thos. Wiseman and Henry Sweeting, has come by
mean conveyance to petitioner. That Wiseman and Sweeting are
still living. Prays a renewal of the patent with the substitution
of the names of your petitioner and Richard Lane, Esq., instead of
Thos. Wiseman and Henry Sweeting. [1 p.] |
|
73. The like petition. But Wm. Smyth prays substitution of
his name and that of Nicholas Sheppard in the patent instead of
Wiseman and Sweeting. [½ p.] |
|
74. Petition of Wm. Stanley, Mayor, and the Common Council
of Southampton to the Privy Council. That the generality of the
inhabitants of the town and county are very remiss in their duty
and obedience to the magistrates' power and command in that
place, and wilfully obstinate against their government in relation to
the public services. Also that many of the corporation themselves
are very backward in paying the arrears due upon accompt to the
town coffers and in attending the Mayor with their countenance
and assistance in discharging their trusts according to their oaths,
in so much as the honour and reputation as well as the state and
government of the town is like to decay and in short time to lose
itself. Pray that the Mayor and any four of the Justices of Peace may
be empowered to return the names and accusations to your Honours
of such persons as shall refuse to submit to the orders and votes of
the major part of the Common Council in case of accompts or fines
or matters of duty and service in their respective offices and places,
that so they may be required to appear before His Majesty and Privy
Council to show their reasons for such refusal and thereupon be
acquitted or further dealt with according to justice and law. [1 p.] |
|
75. Petition of Joan Story, widow, of Westminster, to the King.
Having been an inhabitant of that city for near threescore years,
and now unable to work, prays nomination to the next vacancy
that shall fall within your Majesty's hospital in the Long Woolstable
in that city. [1 p.] |
|
76. Petition of Francis Sympson, one of his Majesty's servants;
to the Privy Council. He holds by lease a house near Rochester,
and left a servant therein to keep the house and goods, but some
seafaring men and mariners belonging to his Majesty's ships have
lately in a riotous manner come and taken possession of the house,
spoiling and consuming the goods. Prays letters to some of the
justices of peace thereabouts for redress of these disorders and for
punishing the offenders. [½ p.] |
|
77. Petition of Laurence Tatham to the same. About June last
Messrs. Perrie, Cokayne, Collett, and others, merchants of London,
having freighted the "Katherine" of London for Dunkirk, employed
petitioner as master for that voyage, but whilst the ship was riding
at Margate it was seized as prize by Captain Hughes, and would
have been adjudged so had not his Majesty dealt mercifully with
them, and caused Captain Hughes to accept of 500l. for his pains
and part interest. All the other merchants except Garrett Collett
acknowledged his Majesty's favour, but he has dealt most cruelly
with petitioner, pretending that some of his goods were embezzled
by Captain Hughes's men while the ship was in his charge, and
has taken action at the common law against petitioner. Prays
that order be taken requiring Collett to forbear troubling petitioner
and to pay him his wages, or otherwise to move his Majesty to deal
with Collett as the Lord in the Gospel did with the bond-servant,
[1 p.] |
|
78. Petition of Henry Tenitus, born in Germany, to the King.
Having served under Captain Barker in the wars in France, he
came over with him into England and served him here for 20 years
more. Since Barker's decease he has lived in Kent under Sir
George Chowne in a private capacity, and professes the religion of
the Church of England. He therefore beseeches your Majesty to
make him a free denizen. [½ p.] |
|
79. Petition of Eliz. Tralfall to the King. Her late husband,
Richd. Tralfall, having adventured his whole fortune, about 200l.,
in a voyage for Ireland, was robbed by pirates, and shortly after
died, leaving petitioner with five young children. Prays a grant
of letters patent, whereby she may have briefs appointed for collection of benevolence in such places as the King shall think fit.
[½ p.] |
|
80. Petition of the Guild or Brotherhood of Masters and Pilots,
seamen of the Trinity House in Hull. Have long been ruled and
governed under a charter containing diverse liberties and privileges granted to them by your progenitors, former Kings and
Queens in England, in such order as hath much tended to the
furtherance of navigation and well-breeding of seamen. Pray that
their charter may be confirmed, and any defects in it reformed.
[2/3 p.] |
|
81. Petition of Wm. Warren, free Merchant Adventurer trading
for Hamburg, to the Privy Council. Was formerly a trader and
merchant resident in Hamburg, but lately repairing to London
married Hannah, his now wife. Having merchandise aboard he is
desirous speedily to depart for Hamburg. Prays your Lordships'
pass for his wife and servant. [2/3 p.] |
|
82. Petition of Mary Webb, wife of Simon Webb, now prisoner
in Newgate, to the King. That her husband was inveigled by
Eliz. Parsons to lend her money and occasionally to walk with her,
she going in the rank of a gentlewoman. Since which she being
taken in a cheat out of malice accused him to be her upholder, and
at that time to have been in her company, whereas it was her own
son. By her procurement he was sentenced at the last Old Bailey
sessions to be whipt, pilloried, and to pay 500l. fine to your
Majesty. Elizabeth Parsons who did the deed having since got off
from her corporal punishment, petitioner prays your Majesty to
remit her husband's corporal punishment, though he endure the
burden of the fine. In margin: "His Majesty is contented, if he
be able to pay the fine." [2/3 p.] |
|
83. Petition of John West to William [Laud] Archbishop of
Canterbury. Petitioner, being executor both to his father and
uncle, is desirous that his younger sister, aged 13, may be taken
out of the care of her sister Gaultier, who is a Roman Catholic, and
placed where she may be religiously brought up in the Protestant
religion. [½ p.] |
|
84. Petition of Dorothy, relict of Philip White, Edw. Keeling,
Alice Smith, and others, part owners of the chains laid in the
Thames for mooring of ships, to the King. That Philip White
having invented the plan of mooring ships by chains, with the
advice and approbation of the Masters of the Trinity House and
principal commanders of ships about London, laid chains in several
places of the river to the great benefit of the owners of shipping
and the preservation of cordage. He was granted by letters
patents of King James the sole benefit of the new invention for
term of 14 years under the yearly rent of 5l. to the King. That
since then White and his partners have expended great sums in the
ordering and disposing of chains, to the great advantage and security of ships. Petitioners have now twelve chains in several
places about this river, maintained at their constant great yearly
charges. The term of years for which the exclusive right was
granted to Philip White having expired, petitioners pray your
Majesty to grant to them a certain term of years for their enjoying
of the berths and places where the chains have been laid, and for
such other convenient places in the river where other chains may
be laid, under such limitations and powers as shall be thought meet,
not being exclusive to any other persons. [1 p.] |
|
85. Petition of Roger Wilde, senior and junior, Arthur Wilde,
and others, confectioners of Exeter, to the Privy Council. There is
a great abuse grown up about Exeter by the false and counterfeit
making of diet-bread, pastes, wet preserves, marmalade, and other
confectionery stuff by mean people in and near this city, which
being sold in baskets carried in the streets at lower prices than the
true stuff may be afforded, both the health of the people is endangered and the confectioners undone. Pray the Lords to direct
that the Mayor and officers shall examine into these abuses and
suppress the counterfeit making of these wares, and that all cooks
and common bakers do forbear to bake any of the same. [1 p.] |
|
86. Petition of John Worrall to the same. Was committed to
the Marshalsea prison a fortnight since by your Lordships, where
he remains unable to attend to his lawful business, to his utter
ruin if he shall continue long a prisoner. In consideration that he
is heartily sorry for his offence, which he acknowledges, prays you
to grant him his enlargement. [½ p.] |
|
Collection of Imperfect and Fragmentary Papers, without date,
but from the writing and contents evidently belonging to the
reign of Charles I. Some are of considerable length, especially
those relating to legal and ecclesiastical matters, but others
are mere fragments, not requiring any separate notice, and are
of little value. |
|
87. Special remembrances for additions to be inserted into the
Bill of Woods, depending in the Upper House of Parliament. [A
similar Bill was brought into the Commons in 1610, but not sent
up to the Lords. 1 p.] |
|
88. Table of precedence, specifying the order in which a six
clerk, a barrister, a knight's daughter, a citizen being the King's
Receiver, a Doctor of Divinity or Doctor of Physic are entitled to
precedence. [1 p.] |
|
89. Arguments quoted from some book on constitutional law, to
which reference is given, of page and line, but not named:— |
|
"If the King's prerogatives should be subjected to the judgment
of the two Estates, the King dissenting, then he should be subject
to a sentence in the highest court, and so irremediable, a judicatory
should be set up to determine of his highest rights without him
for which he could have no remedy, p. 72, 1. 18." |
|
"The two Houses are not a legal Court ordained to judge of this
case authoritatively, &c., p. 73, 1. 17." |
|
"We must not justify this war, because the cause for it is religion,
&c., p. 75, 1. 3." |
|
"There was a grand intention and plot of altering the government of this kingdom and reducing it to an arbitrary way. They
will not say his Majesty was conscious of it; but it was aimed at
by many about him, and in power with him, whom it concerned to
have him absolute. By these men he was told that such things
were law, which if they had been then he had been absolute by
law, &c., p. 76, 1. 29." |
|
"His Majesty offereth to secure the laws and religion by any
Acts they shall devise to that purpose. They will tell you, their
danger is not from want of laws to secure them, for they are
secured by law already; their danger is from men, and their plots
and designs to overthrow law; and a danger of subversion of law
cannot be secured by law, &c., p. 77, 1. 10." |
|
"None can justify force in the Parliament any further than for
security of their privileges, laws, and frame of government, p. 78,
1. 13." |
|
"All three Estates have a free negative voice, but take away the
privilege of a free negative voice, so that in case of refusal the rest
have power to do it without the third, then you destroy that third,
and make him but a looker-on, p. 27, 1. 32." [3¼ pp.] |
|
90. Annotated extracts from some work, proving from the examples in history the superiority of England in political constitution,
revenue, and strength in comparison with other European powers:— |
|
"King of Mercia, A.D. 833, expressly bequeathed the robe he
wore at his coronation to the Abbey of Croyland for the use of the
altar." |
|
"In the laws of King Edward the Good, printed by Mr. Lambert,
it is recorded that Eleutherius, the Pope, by whose means the
Britons first publicly received the faith, sent a blessed or hallowed
crown to King Lucius, about A.D. 172, which having belonged to
Cadwallader, the last King of the Britons, came into the possession
of Ina, who lived about A.D. 688, and was the first Saxon King
crowned of the English and Britons united. The credit of which
monument some seek to blemish because the time of that Pope is a
little mistaken in the copy, &c." |
|
"That absoluteness makes a State more mighty, and consequently
of greater reputation, all men confess, for the Prince which may
employ his subjects' persons and means for the public good is
mightier than he that, being obnoxious to their consent, is forced
to use either mercenaries or voluntaries levied by the drummer,
which hardly perform good service, and therefore absoluta potestas
excels precariam or angustis limitibus circumscriptam." |
|
"In the multitude of the people is the honour of the King, and
maxima gloria in maximo imperio, saith Salust. So Homer
makes Nestor, in matter of greatness and precedency, sentence for
Agamemnon against Achilles, alleging for just cause that he commanded over more people, though Achilles were the son of a
goddess, and for the valour of his person of greater furtherance for
their impress." [4 pp.] |
|
91. Fragment of a speech on the right of Kings to levy impositions on cloth from merchants. Examples from the reign of
Edward III. to Elizabeth. Imposition upon cloth by Queen Mary,
considered. The Colloquy of Bruges in 1565. Imposition upon
Gascoign wines by Queen Mary. The like on all French wares.
Impositions by Elizabeth. Statutes made against impositions
alleged and objections made against those statutes answered.
Magna Charta, cap. 30, made against impositions. The first objection is against Magna Charta. Answers thereto. Doctrine of
Magna Charta thereon. [4 pp.] |
|
92. Repairing lease for five years granted by Endymion Porter
to John Cutterice of certain landed estate, on condition that John
Cutterice should erect a convenient dwelling-house with barns,
stables, &c., at the cost of 300l., and engage to satisfy the rent
payable yearly to his Majesty of 6d. per acre, besides all assessments and payments for ship money, tithes, and other burdens
incident thereto, and on the expiration of the term of five years
shall surrender the said property to Endymion Porter or his
assigns. [Draft. 5 pp.] |
|
93. MS. Title and Contents of a book entitled "Propugnaculum
juris jurandi in subditos edicti à potentissimo Rege Magnæ
Britanniæ, &c., Fidei Defensore. Adversus obtrectatores." [3 pp.] |
|
94. Treatise relative to the position and claims of the Elector
Palatine and King of Bohemia so far as dependent upon the
Emperor. It is divided into paragraphs designated "considerations,"
of which this paper comprises the 3rd to the 20th consideration.
Under the 3rd consideration it is stated: "This one of the Duke
of Bavaria's Privy Council plainly writes in a book that the
Emperor and Duke made a league against the rebels upon certain
conditions, and names the councillors who were present on both
sides. Shortly after the Emperor returned into Austria and since
neither saw the Duke nor could speak to him. It is likely the
league between them was at Monachin [Munich], and then the
Count Palatine was not inaugurated King of Bohemia." Under
the 7th consideration: "That which is most prejudicial to the
Electors, the King of Spain's consent is desired, he being a foreign
King, in a business that concerns the foundation of the Empire;
that as the Emperor hath entered into covenant with him for his
succession in the kingdom of Bohemia, the like may be done for
his succession in the Empire by all probabilities." Under the 9th
consideration: "Let it now be considered why the Elector Palatine
is hated and proscribed. He did not weaken the majesty and
liberty of the Empire, troubled not the public peace, put none of
the States of the Empire out of his possession, increased no man's
wealth to the hurt of the commonwealth, but because the Palatines
were accounted the fittest adversaries to the House of Austria not
to the Empire." Under the 10th consideration: "To cover the
cause of the [Thirty years] war made for religion, a desire of peace
is everywhere pretended, but that which is done proves more than
that which is deceitfully conceived to the grief and terror of
Germany. The Bohemish cause might have been compounded by
a friendly treaty or decided by law, both which the Palatine
always desired, and it had been best for the Empire that it had
been ended by law. It might have been ended by arms in Bohemia
where the war began, &c." The 12th consideration: "In the
resolutions given to the English ambassador the King's virtues,
moderation of mind, sincerity of friendship are extolled, and his
zeal towards justice in his [regard] to the Infanta; but in the
letter to Zuinga [Zürich ?] his Majesty's interposition and word
giving is rejected, as in these words, Will the King of England
undertake ? with the same religion, that is the same pefidiousness.
For it is said a little before that the Calvinists keep no oath, and
there the same religion is attributed to the King of England; the
reason is there added; for that where occasion is given to commit
wickedness a colour may easily be brought for breaking faith."
[8 pp., of which 2 are torn.] |
|
95. Latter portion of a Treatise in MS., justifying the action of
the Scots in their adhesion to the Covenant and resistance to the
ecclesiastical innovations insisted on by Archbishop Laud of
Canterbury. [16 pp.] |
|
96. Legal digest forming a sort of Justices' handbook, alphabetically arranged under the matters treated of, as: Arrests,
arraignment, assault, assize of bread and beer, attainder, averment,
and so on, supplying much technical and interesting information as
to the meaning and application of the law as then understood.
[The MS. is defective both at beginning and end and in several
other places, but in its present defective form consists of 50 closely
written pages.] |
|
97. Another copy of the same legal digest, written on 12mo size.
It contains the four first pages which are wanting in the more
complete copy above noticed, but it is very fragmentary, consisting
of only 40 small pages, ending with fish and fish-days. The first
entry in the treatise is abjuration. |
|
98. Extracts out of some legal authority for a brief, the first
reference being Jenkinson, an. 17, fol. 85. That at the execution
of the promoters' commission, John Cannock asked the deponent
if within 20 years there had not been a brazen eagle for a reading
place in the church of Boston, to whom this deponent answering
there had been none such there for 20 years, he replied he would
lay 100l. there was a brazen eagle, and that Mr. Tillson did take
the same away from the church and converted it to his own use,
the which words the deponent conceiveth were spoken as in effect
of malice against Mr. Edw. Tillson. Evidences to prove that the
prosecutor hath followed this cause out of a desire of revenge and
to get money from the Defendants. [Fragment, damaged.] |
|
99. Fragment amongst the Conway Papers of a Parliamentary
petition. [Your father King James] of famous memory upon the
like petition did give us great comfort and expectation of a
reformation of these things; but your Majesty's many gracious
promises made in that kind do give us confidence and assurance of
the continual performance thereof. In which comfort and confidence reposing ourselves, we most humbly pray for your Majesty's
long continuance in all princely felicity. [½ p.] |
|
100. [Panegyric addressed to some statesman at Court.]
"They note that there have been many changes, but that none
hath brought to the place a judgment so cultivated and illuminated
with various erudition as your Lordship since the Lord Burleigh
under Queen Elizabeth, whom they make your parallel in the
ornament of knowledge." "Now in the discharge of your function,
they speak of two things that have done you much honour,
namely: That you have had always a special care to the supply
of the Navy; and likewise a more worthy and tender respect
towards the King's only sister [Elizabeth, Queen of Bohemia], for
the continual support from hence than she hath found before.
They observe your greatness as firmly established as ever was any
in the love, and, which is more, in the estimation of a King who
hath so signalized his constancy. Besides your additions of
strength, or at least of lustre, by the noblest alliances of the land."
[4 pp.] |
|
101. [Report of a mission to the Prince of Orange ?] "We
informed him that we had charge to pursue his Majesty's pious
affection to other Princes, and since he saw that the captains
of war did go before the ambassadors for peace, that he would
be pleased to take and give as speedy and good resolution
as might answer his Majesty's confidence in his wisdom,
piety, and affection to him and the necessity of the time
and occasions; as for ease of your Excellency I forbear many
particularities in our overtures to him, being, indeed, such as we
raised out of our instructions and I did deliver to you in the
relation of what passed at Brussels in those points where the
subject was the same." [Fragment amongst the Conway Papers.
1 p.] |
|
102. An exposition by St. Chrysostom upon the Epistle to the
Ephesians, chapter iv., verse 1. It commences thus: "I, a prisoner
in the Lord. This is a great and exceeding dignity, and greater
than either kingdom, consulship, or anything else," and ends with
the following passage: "I mean the fruit of the olive, and they be
strong, so that they stand all round about the table, and meet here,
not rashly nor by chance, but with fear and dread, for so you shall
behold Christ boldly in another world, which God grant we may
all attain unto." [This translation occupies 12 large closely
written pages, and appears to be complete.] |
|
103. Rough copies of two sermons, the first upon the Gospel
appointed to be read in the Church upon Trinity Sunday, taken
out of the 3rd chapter of St. John's Gospel: "There was a man of
the Pharisees," &c. The other sermon is upon the Gospel appointed
to be read in the Church upon Whit Sunday, St. John's Gospel,
chapter xiv.: "If any man loveth me," &c. [The last imperfect.
11 pp.] |
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104. Notes for sermons, interspersed with quotations from
scripture and the Early Fathers of the Church. The following
passages may be of interest: "It is difficult to plead the cause of
Governors with inferiors; of power against those who suffer; not
only because, 1st, they that are parties are ever unequal judges,
and men favour their own condition; 2nd, but also that out of
compassion most take part naturally with the weaker in their inclinations and tacit defences, though out of caution they side with
the stronger in their outward applications; 3rd, 'tis the usual
solace of guilty persons to deny the crime even while they suffer
the punishment, and to impute the cause of their miseries to others,
that they may appear innocent and worthy of pity at least in their
own opinions." [12 pp.] |
|
105. Extracts out of a book entitled "God's Revenge against
Murder." [2/3 p.] |
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106. Legal arguments in some case in which the Royal prerogatives are impugned, probably ship money. "The common law
is but the common usage of the land, and therefore the precedents
alleged by the King's Counsel are of good authority to prove the
law in this case, &c. Before the Conquest, in the reigns of Edgar,
Alfred, Æthelred, and other Kings, from the precedents by them
raised, it appears the use was to defend the kingdom at the charge
of the whole kingdom. A strong precedent for this purpose is the
several grants to the clergy and Church of diverse privileges, with
exceptions in them of this charge in the times of the abovementioned Kings. If it be no Act of Parliament, yet nothing is
more like an Act of Parliament, &c., or else it is a strong proof of
the King's power, that without an Act of Parliament in case of
necessity and danger he might tax and charge the subjects for the
defence of the kingdom, &c. Now if this power of charging the
subject be not taken away by any Act of Parliament, it remains
still, saith my brother [Sir Richard] Hutton [Chief Justice of the
Common Pleas]. And so I think it doth, or something in lieu of
it. That [the King] was bound in conscience to employ it to that
use and no other, and that he would sooner eat the money than
convert it to his own private use. Therefore he that thinks the
King makes any private benefit of it doth highly slander his
Majesty. But let the King be, as David was, a man after God's
own heart; yet he shall not want them that will rail upon him.
But though, blessed be God, he is so gracious and loving to his
subjects, and so just that we need not fear that he will impose any
tax or charge upon his subjects but in case of urgent necessity; yet
we know not what Kings in succeeding ages will do." Danger of
establishing precedents exemplified by the abuse of other prerogatives.
[4 pp.] |
|
107. Latter portion of a discourse touching controverted points
in religion. Exposition of some of the peculiar ordinances and
practices of the Romish Church. The discourse is divided into
sections, of which this fragment comprises those from 17 to 32,
both inclusive. [4½ pp.] |
|
108. Draft of a Bill entitled "An Act for the better regulation
of Archbishops, Bishops, Deans, Deans and Chapters, Canons, and
Prebends, and the better ordering of their revenues, and for the
better governing of the Courts Ecclesiastical and the ministers
thereof and the proceedings therein." Amongst other things it is
proposed that the 32 persons who were to be appointed by
Henry VIII. and Edward VI. for the purging of the Ecclesiastical
laws and the squaring of them to the common law should be altered
to 16, and that they should consider of the form begun by
Dr. Haddon, and reduce all the canon laws in practice to a short
English digest. [The latter part only. 4½ sheets.] |
|
109. The first half of an Ecclesiastical Treatise defining the law
and practice of the Church of England. It is divided into 27
chapters, as appears from the table of contents, of which only the
first 11 chapters are here preserved. Chapter 1 treats of Archbishops and Bishops, their election, confirmation, and investiture,
and when their temporalities shall be delivered to them. Chapter 2,
of Deans and Chapters, and of their elections, how all cathedral
churches held their possessions undivided, and how the same came
to be divided and severed. Chapter 3, of the several capacities of
Bishops, Deans, Chapters, parsons, prebends, vicars, and other
corporations sole and aggregate to purchase or grant; and of
different acts and things to be done by them and to them.
Chapter 4, of leases made by Bishops, Prebends, Deans and Chapters,
parsons, and vicars; where their leases shall be held good by
statute law and where not. Chapter 5, of alienations and discontinuances. Chapter 6, of advowsons; how they are appendants
or in gross; to what they may be appendants and to what not.
Chapter 7, of the incidents to an advowson and first of presentation,
what it is, and the difference betwixt presentation and ordination.
Chapter 8, who may present to benefices with cure, &c. Chapter 9,
within what time the presentation must be to avoid a lapse, &c.
Chapter 10, when the King may revoke his presentation and where
not. Chapter 11, of examination of the clerk by the ordinary, and
of his admission and institution, &c. The remaining chapters are
wanting, but their substance is indicated by the table of contents.
[70 pp.] |
|
110. The case concerning residence upon a vicarage, stated in
the instance of Brackley. A minister being B.D. or D.D. is presented, instituted, and inducted into a vicarage, upon which he is
bound to perpetual residence. Afterwards he is presented to a
parsonage, and procures a dispensation to hold both the vicarage and
parsonage, and is instituted and inducted to the parsonage also.
Query, whether by virtue of the general dispensation he may reside
upon his parsonage, and only keep two months' hospitality and
preach 13 sermons at his vicarage, according to the general condition of his dispensation, or whether he must procure a special
dispensation to be non-resident from his vicarage? And if such
special dispensation must be procured, then who can grant it?
Whether the Metropolitan or the Diocesan? [½ p.] |
|
111. Statement of a legal case, the leading particulars of which
are thus given: In the 9th of James a marriage was concluded
betwixt F. F., the son of S. F., and E. B., the daughter of A. B., in
consideration whereof the father of E. B. agreed to give S. F., the
father of F. F., lands for portion, which were afterwards sold for
3,300l. In consideration of which portion S. F. agreed to give his
son, F. F., for present maintenance, 200l. per annum, and 50l.
additional when they should have any children, and the manor of
Longville [co. Salop?], with the appurtenances, to be assured in
present for part of maintenance after the death of Mrs. Cornwall.
Further particulars of what subsequently happened in connection
with this agreement. Legal questions thereon arising. [4 pp.] |
|
112. Particulars of a suit in which Mr. Littleton, who married
Mrs. Audrey, and Mr. Oldworth, who married Susan, the nieces
and heirs at common law of Sir Gabriel Poyntz, are Plaintiffs by
way of motion without bill now after livery sued, and the Lady
Margaret Cutts, the executor of Sir Wm. Cutts, and the Lady
Poyntz, executor of Sir John Poyntz, are Defendants. Answer to
the above statement and the consequent proceedings at law,
"whereby it plainly appeareth that the Court was by this last
motion misinformed." [3 pp.] |
|
113. Statement of particulars for recovery of certain chantries
and chantry lands [not named], which by the Statute, 1 Edward VI.,
ought to have come to the Crown. That in the certificate they
were omitted, and so continued concealed from 1 till 32 Elizabeth,
and then by inquisition were seized into her Majesty's hands and
granted to one Thos. Phillips for 21 years. Subsequent proceedings,
during which Mr. Horwood being made acquainted with the lease
passed the same anew. A commission to inquire of the said lands.
"I am of opinion that if the land were in present possession it
could not be less worth than 3,000l. per annum. I desire a Bill of
Intrusion may be exhibited against those [tenants] who paid me
the arrearages [of rent], for they have submitted to the title, and
the decree being for part the rest would follow, besides the profits
of the land so recovered would recover all the rest." [1 p.] |
|
114. Legal application to a Judge in Chancery. "There is a
suit depending before your Lordship between Rutland Molineux,
Plaintiff, and John Hodgson, alias Phennix, Defendant. By reason
of the late great sickness [of the Plague] and neglect of the solicitor
who was to follow the cause for the Defendant, it hath so far
proceeded against Defendant for want of answer to the Plaintiff's
bill as that he hath sued the Defendant to proclamation or commission of rebellion. Now, my request in behalf of the Defendant,
he being a very poor man, is that you would give order that the
aforesaid process of contempt upon putting in his answer may be
discharged, and that he may be admitted to answer." [1 p.] |
|
115. Legal opinion in a case, the particulars of which are not
stated. "I find not any information put into the Court for Baker
against Ryder, which being so the suggestion of the order is false."
Gives advice as to the mode of proceeding, "yet I say Mr. Attorney
[General] may grant a Ducens secum [writ of Duces tecum]." [⅓ p.] |
|
116. Fragment of some work on astrology. Mention is made of
twelve remarkable comets which appeared between the commencement of the Christian era and A.D. 539, with examples from history
of wars and miseries which they presaged. [4 pp.] |
|
117. Extracts relative to the summoning of Ecclesiastics not
being Bishops to the Upper House of Parliament. In the summons
16 Edward II. about 30 abbots, and the Priors of St. John's, of
Lewes, of Spalding, and of Bridlington are included, and in the
18th year of that King the same writ which was sent to the regular
Barons was also sent to Magistro Gilberto de Middleton, official of
the Court of Canterbury, and to Magistro Roberto de Sancto
Albano, Dean of the Arches, cited by Mr. Selden in his "Titles of
Honour," p. 726. And with these in the Parliament of 49 Henry III.
some Deans are also called by the like writ, &c. Other Priors of
monasteries that had no relation to any cathedral church, as those
of Lewes, St. John's, and Bridlington. "But I conceive that all
these were summoned as Barons, and to the end they should have
places and voices of Barons, and so the dignity of Barons,"—"Titles
of Honour," pp. 728, 729. [1 p.] |
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118. Copy of part of the Law of Sewers, made at Boston, in
Lincolnshire, for Sir Anthony Thomas and others, 13 Aug. 1635.
There are diverse other things in this Law of Sewers, but no more
than is contained in this extract concerning Reavesby [Reasby near
Wragby] than this. [Only the last 4½ pp. of the extract, which
consisted of 8 pp.] |
|
119. Portion of a deed by which Wm. Harward covenants to
demise certain premises to Edmund Porter, and to deliver to him
the original lease of the manor of Mickleton, which one Henry
Abott, of Ensham, granted to Walter Barton, and the assignments
concerning the same premises, or else shall engage to produce and
show the original lease and assignments whenever required so
to do. Dorso, |
|
119. i. Foulk Porter may sue for two years' tithes and mesne
profits for two years before Mr. Ardern's lease. Query,
when the lease was sealed, for the interest being in Foulk
and Ellen [Porter] and Kyell being in possession,
[Ardern] had but a right. [Copy. 1 p.] |
|
120. Information by a minister of the arbitrary proceedings to
which he had been subjected in the Bishop's Court, for having, as
alleged, scandalised the clergy in a sermon preached by him at the
Visitation of the Archdeacon of Taunton, and for which he was by
the Bishop summoned before him down to Wells. [Fragment.
4 pp.] |
|
121. Single leaf of an ancient black letter law book, in French,
numbered 392, and headed, "Provision and premunire." Subjects
as indicated in the margin are Rome, the Pope, citation, presentments, affirmation. |
|
122. Fragment of a commentary on the Bible, being pp. 583–586.
Conclusion, Revelation, chapter xxii., verses 10 and 11. In page 583:
"The reading of Holy Scripture ought not to be prohibited, &c."
In p. 584: The two-fold effect of Holy Scripture. "Here first we
may see the two-fold and contrary effect of the Scripture and
Doctrines. For some thereby grow worse and worse to their own
hurt; but others are furthered thereby to salvation, &c." In p. 585:
"So the Scripture distinguishes these two [justification and
sanctification], where it saith, 'That Christ is made unto us
righteousness and sanctification.' And again, 'Ye are justified,
ye are sanctified,' 1 Cor. i. 30, and vi. 11." Fourthly: "Papists do
vilely abuse this place to establish their 'second justification,'
which they say, is actual and meritorious through good works, &c."
Answer: "First although the particle [Greek text: Eti] still, might signify
'increase of righteousness;' yet the inference would not follow
touching increase of righteousness through charity. For we are
nowhere said to be justified by charity; but always through or in
faith." |
|
123. List of commodities to be procured [for Lord Conway ?].
Luxuries for the table and desert, perfumes and articles for the
toilet, also new books, viz., a book on gardening, "Histoire de
M. de Thom," in French, "Memoires de M. [Maximilian de Bethune
due] de Sully," "La vie de M. le Cardinal de Richelieu," "Les
Dialogues de Lucian, newly translated into French." This list is
of some interest as showing what luxuries were then procurable.
[Found among the Conway Papers. 1 p.] |
|
124. Fragment of a brief touching the responsibilities and claims
of Edmund Ludlow, Esq., and his brother Henry. Whereas by an
order of 5th February last, liberty was given to Edmund Ludlow
within 12 days after sight or notice of the said order to give
security to the petitioners, his seven brothers and sisters, by his
lands descended to him from his father, being of the value of
20,000l., as well for the payment of all the debts due to the
mortgagees upon all the lands to them mortgaged and forfeited by
their father, being of the value of 17,772l., together with all the
debts wherein the petitioner Henry Ludlow stands engaged for his
father, the same not exceeding 2,500l., &c. Now, in regard
Edmund Ludlow doth contemptuously refuse to perform the said
order, their Lordships do hereby further order that the said debts
for which Henry stands engaged by bonds for his father as aforesaid shall be paid and satisfied by Edmund Ludlow. [Much
damaged. 3 pp.] |
|
125. List of countries in Europe, with their characteristic designations and points by which they are severally distinguished in
history. [Probably a scholastic exercise. Latin. 1 p.] |
|
126. Copy of an order, certified by R. Vaughan, clerk of the
Commons' House. It is ordered that publication be granted of
the certificate therein mentioned if Mr. Bradshaw assent to the
cause to be heard in its course. [Fragment. ½ p.] |
|
127. Inventory of plate, in the butlery, in the chamber and
nursery, besides a note of the pewter and all the things in the
kitchen. [1½ pp.] |
|
128. List of things claimed, with the distinguishing merchants'
marks by which they may be identified. They comprise a basin
and ewer, worth 1,500 rials, and a number of boxes or packages
containing rials, the amount in each being specified. [1 p.] |
|
129. Note in shorthand [by Sir E. Nicholas ?] for his Excellency
the Marquis of Ormond. Also a brief list of shorthand contractions
with their significations. |
|
130. Certificate by Gilbert Herring, Captain-Lieutenant of the
Colonel's company of the Red regiment of Westminster, discharging
Francis Ryley from serving upon the train-band, and in the same
company now commanded by him. [½ p.] |
|
131. Fragments too imperfect to be of any value or interest. |
|
132. Prayer, unfinished, and followed by a brief passage in
another hand, touching the Christian faith. [Possibly exercises of
the Royal children. Fragment. ½ p.] |
