Charles I - volume 430: October 1-11, 1639

Calendar of State Papers Domestic: Charles I, 1639-40. Originally published by Her Majesty's Stationery Office, London, 1877.

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'Charles I - volume 430: October 1-11, 1639', in Calendar of State Papers Domestic: Charles I, 1639-40, (London, 1877) pp. 1-29. British History Online https://www.british-history.ac.uk/cal-state-papers/domestic/chas1/1639-40/pp1-29 [accessed 24 March 2024]

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October 1-11, 1639

Oct. 1. Petition of Robert Webb, cook, and Ralph Moodie, chandler, of the parish of St. Giles-in-the-Fields, and William Hodgson, of St. Andrew's, Holborn, cutler, recusants convict, to the King. Your Majesty was pleased upon a former petition, for the preservation of petitioners and others of the poorest sort of convicted recusants from ruin, to signify your pleasure to the Commissioners for compounding with recusants that such persons should be admitted to composition under 40l. per annum upon information of the churchwardens and overseers, who thereupon were commanded by the Commissioners to certify accordingly. After such certificate made petitioners and others attended, but the Commissioners not having convenient leisure they could not be admitted to make their compositions. Notwithstanding they have been and will be ever ready to compound, there have of late issued out of the Exchequer divers writs and commissions to enquire of and seize petitioners' goods, whereby they are like to be deprived of your Majesty's intended grace, and themselves and families utterly ruined, unless the said writs and commissions be superseded. They pray that special order and directions be given to the Commissioners to admit them to composition under 40l. per annum, and in the meantime all such enquiries, seizures, and other proceedings against them out of the Exchequer may be superseded. Underwritten,
i. It is his Majesty's pleasure, according to his former directions of the 13th Feb. 1637, that his favour intended by his commission of grace be equally distributed as well to the poor sort of recusants as to others, and that the Lord Treasurer, Lord Cottington, and others the Commissioners take order that the petitioners and all others of their quality be admitted to compound at such moderate rates under 40l. as their estates, being certified by the churchwardens or overseers of each parish where they dwell, will bear, and that as soon as they shall have tendered themselves to the making of their compositions, all processes, writs, and commissions for enquiries and seizures be superseded and no further proceedings had upon them. Whitehall, 1 Oct. 1639. [Copy. See Book of Petitions, Vol. cccciii., p. 93. 1½ p.]
[Oct. 1.] 1. Petition of Katherine Hadley, prisoner in the Poultry Compter, to the Council. Upon information given by a boy that she had scattered writings, petitioner was carried before the Lord Mayor, and committed to prison. She thereupon petitioned his Lordship for her liberty, but was answered that you were made acquainted with the business, and that it was out of his power to do anything therein, whereupon she has divers times petitioned you, but cannot as yet prevail. Forasmuch as she, being a poor sickly maiden, has been in prison 23 weeks and upwards, and is like to be ruined, having been lodged with a woman who has the foul disease, she prays order for her speedy enlargement upon bond to attend the Lords to answer anything that can be objected against her. [2/3 p.]
Oct. 1.
My house, Drury Lane.
2. Sec. Windebank to [Sir Robert Whitney] sheriff of co. Hereford. About the 11th July last, I made known to you his Majesty's pleasure for the stay of all proceedings upon a commission of enquiry of the recusants' estates within that county, it being informed that it was a new and extraordinary molestation. Since that time it has been made appear to his Majesty that such proceedings are not unusual, nor of any extraordinary prosecution against them, but on the contrary render them capable of compounding with his Majesty's Commissioners according to his gracious instructions, and that the said enquiries are only to be of the lands and goods of recusants already convicted and mentioned in schedules annexed to the commission, and that no seizure shall be made by you or your deputies of the lands or goods of any such as shall engage within three months to attend and prosecute their compositions before the Commissioners in London, unless it be of the lands or goods of such as upon warning from the Commissioners in the country shall refuse or forbear to appear before them, or of such who, having already made their compositions, and neglected to pass their leases, according to an order in that behalf, shall refuse to give security to you that within three months next after they will pass their said leases. Wherefore I am to signify by direction of his Majesty that the commission shall be no longer superseded, but that you and the Commissioners may proceed therein accordingly. [By a note underwritten it would appear Sir Robert did not receive this letter at Hereford till the 30th Nov. 1639. Seal with arms. ¾ p.]
Oct. 1. 3. Similar letter, but unsigned and endorsed "Copy of Mr. Secretary's letter to the sheriffs of divers counties." [¾ p.]
Oct. 1. 4. Sir Nicholas Carew and Sir Abraham Dawes, [justices of peace for Surrey,] to the Council. According to your order of the 11th August directed to us, concerning the difference between the inhabitants of Battersea and Sir Thomas Southwell and Mrs. Peel, touching the highway mentioned in your reference, we (Sir Thomas Grymes being dangerously sick) have met at Battersea, and find that the gardeners, husbandmen, and many dwellers thereabouts have enjoyed the constant use of the way where the posts are now set up by Mrs. Peel for conveyance of dung, &c. from the waterside. The inhabitants desire that these posts may be removed until Mrs. Peel shall provide some other convenient passage, or else that they may have a speedy trial in law for the recovery of the said way, which they conceive to be their right. In the meantime we recommend that the posts be removed, which we will do at your command. [Seal with arms. ¾ p.]
Oct. 1. 5. Note of petitions and papers delivered over [by the Council to be reported upon. They comprise] petitions of Hackney coachmen against Wrey the messenger, of captains and officers in the late employment [in the North], of Philips, of Watts, of the creditors of John Van Ixem of Norwich, of Capt. Penn, of Katharine Hadley, of Mr. Barkham, of Sames and others feltmakers of London. [½ p.]
Oct. 1.
Constantinople.
6. Inventory of cloths remaining in the warehouse of Marmaduke Peckett [at Constantinople] for accompt of John Ball, of London, total number 250. [2 pp.] Annexed,
6. i. Certificate of John Woolfe and others that according to the order of Sir Sackville Crow, the English ambassador, they had inspected the cloths, and found the above statement to be correct. Constantinople, 1st Oct. 1639. [Seal with arms.]
6. II. License of Sir Sackville Crow for copies to be made of the above certificate entered in the Chancery of the Embassy. 21st Dec. 1639. [2¾ pp.]
Oct. 2.
Westminster.
7. The King to Lord Treasurer Juxon. Whereas merchants [being] subjects of the Kings of France and Spain, for the better safety and accommodation of their trade in time of war betwixt those kingdoms, have sent great quantities of goods in English shipping by way of Dover, Dover Road, and the Downs, where they receive great advantage by a composition there made with them by the farmers of our customs, according whereunto they duly pay our customs for the same. But forasmuch as we have received information, both by our public ministers abroad as also by some here, that, notwithstanding directions by our late treasurer for prevention thereof, some masters and owners of English ships have of late practised to divert that course, by sending their ships from London, Dover, Southampton, and some other of the western ports of this kingdom in ballast, to take in their lading at St. Malo, Newhaven [Havre de Grace], and other ports of France, to carry the same directly for Spain or Flanders, and relade back to France, without coming to Dover or paying our customs accordingly, by which practice the trade of that port declines in a great proportion, and foreign princes receive the customs and benefits raised by the service and trade of our ships and seamen, and in respect of that private advantage which now remains only to the owners of those ships, our native commodities have greater duties put upon them in foreign parts, as we are given to understand by our public ministers abroad. We therefore require you to give order to the officers of our customs in London, Dover, and all other ports of the kingdom, that they give notice to all masters and owners of such ships of this our pleasure, that from henceforth they forbear any such practice and trade which tends so much to our prejudice, and that from henceforth wheresoever they conceive any such shipping is intending to go contrary to this our pleasure that they take good bond, with sureties to our use, of every such master or owner of such ship or ships as trade between the said nations in manner aforesaid that they neither go for France to lade for Spain or Flanders, nor return from Spain or Flanders with their ladings for France, until such time as the goods of either nation be brought to Dover, Dover Road, or the Downs, and due entry be made thereof in the custom books, and our duties really answered for the same, according to the composition there held for goods of that nature, being not for the consumption or vent of this kingdom. [Copy. 3 pp.]
Oct. 2.
London.
8. Algernon Earl of Northumberland to Sir John Pennington. Whereas complaint has been made to his Majesty by the resident of Spain that since the coming of their fleet into the Downs divers of their mariners have absented themselves from their ships and have received passage and entertainment in English bottoms, to the great prejudice of that fleet. His Majesty has signified to me his express pleasure that during such time as the Spanish fleet remains in the Downs none of his subjects shall presume to admit on board or give passage to any Spanish soldiers, mariners, or seamen appertaining to that fleet, either for Dunkirk, Spain, or any other place. Wherefore you are to give notice of this his Majesty's pleasure to all masters of ships now in the Downs and likewise to all such as shall come thither during the time above said, straitly charging them that they carefully observe the same and in no wise transgress it, as they will answer the contrary at their uttermost perils. I made his Majesty acquainted with the reasons you alleged in your last packet save one, for your not releasing the merchant ships in the Downs, though you had order for their discharge, wherewith he was very well satisfied in the general, but for some particular ships, viz., the Ann Bonaventure, the Golden Lion, the Speedwell, the James, the John and Thomas, and the Golden Eagle, in regard some of them are deeply laden and the rest are to take in fish at Plymouth, his Majesty has been so importuned both by the farmers and owners that he has given me order for their discharge without further interruption, of which I desire you to take notice and to give present order therein accordingly. The Prince Elector intends to come towards you very suddenly, and therefore you must not fail to have a ship in readiness to attend his Highness, according to my former directions, when he shall send unto you for the same. The French and Holland ambassadors still continue to give the King assurances that they will not attempt anything within the King's ports or roads, which makes us the more confident that they will still pay those respects that are due unto his Majesty. However I think to be with you so soon as the wind will suffer our ships to get out of the river; in the meantime we must trust more to their civility than to any strength of ours. So wishing for a good deliverance from these troublesome guests I rest. [3 pp.]
Oct. 2. 9. Extract from the above letter concerning the continued assurances of the French and Holland ambassadors. [1 p.]
Oct. 2.
Long Whatton.
10. Dr. William Robinson, John Pate, and Thomas Caldecott, [Justices of Peace of co. Leicester,] to Sec. Windebank. Certify their proceedings in obedience to Windebank's instructions [see July 4th, 1639, No. 16] for the examination of witnesses relative to the seditious speech charged against John Oneby, a lawyer, by John Moore, M.A., in a petition to Archbishop Laud. [1½ p.] Annexed,
10. I. Depositions of William Musson, of Much Ashby, and Thomas Mason, of the same place.
10. ii. Answer of John Oneby, Counsellor-at-Law, to the complaint of John Moore, clerk, contained in a petition exhibited against him [see July the 4th, 1639, No. 16. i.] by the said Moore to Archbishop Laud, taken before the above-named justices of peace on the 30th August 1639. In Lent last, being in the house of Mr. Bartholomew Byard, at Much Ashby, for the purpose of meeting some clients, Mrs. Brookesby, who was sitting at a table next him, asked what he heard to be the cause that moved the Scotchmen to make these wars against us. Whereunto this examinant answered that, as he heard, the Scots at the first did refuse the Book of Common Prayer and episcopal government, or words to that effect. And then, immediately upon those words, examinant said if these were the cause of the Scottish men's wars then their war is their priests' war, or war for their priests, but which he cannot remember; further he said that he had never read in any histories but that all such wars begun under colour or pretence of religion did break out into rebellions or invasions or such like ill, though they pretended religion at the first, adding that he prayed God that the wars which the Scots make may not prove such, and further that the King's Majesty was enforced to raise forces and to make war to prevent and suppress these ill attempts of the Scots, or words to that effect. He further deposed that the words he there spake were only and expressly of the Scots and their war and their priests and bishops, but denies absolutely that he spake any word concerning any English priests or bishops, or had any reference to them in his discourse. Denies that he heard William Musson say in reply to him "the said wars were not the priests' wars, they are the King's."
10. III. Examinations of Mary Brookesby, wife of Matthew Brookesby, of Ashby Magna; Rose Cooper, wife of John Cooper, of Much Ashby; John Kinde, of Willoughby Waterless; Richard Bent, of Cosby; George Goodman, of Croft; and Isabel Byard, wife of Bartholomew Byard, of Much Ashby. [6 pp.]
Oct. 2.
Berwick.
11. Sir Michael Ernly to Sir Henry Vane. Here is little news worth your information. The parliament in Scotland, for aught I hear, has rather disputed business than concluded anything. It is credibly reported that there is much dissension amongst them. I very much desire to know whether it be the King's pleasure that the fortification shall go forward this winter; the weather here will be very ill and uncertain, and, unless there be greater occasion than I can conceive, it will be best to let it remain until the spring of the year. The officers of the garrison are much discontented that their pay is not yet established, and intended to have petitioned the Lords, but the governor going himself they were persuaded to desire him to inform the Lords both of that and other things concerning this garrison. A malignant sickness broke out amongst us, but is much abated. The last man that died was Mr. Calvert I know not what to call the disease, but the persons afflicted with it fall mad and die in that state. I must tell you that I had order to receive Sir Humphry Sydenham's company as amply as he enjoyed it, but the governor took 25 men out of the company and put them into the several companies, which is much to my disadvantage. But in regard it was the King's pleasure to command me hither I took no notice of it. I hope you will think of me when there shall be occasion, for I have no other friend. [1 p.]
Oct. 2.
Berwick.
12. Charles Flood to the same. A month ago I sent you a letter, whereby you might consider the estate I am in still with the Prince of [Orange], though by the King's and your command I came over without his leave. I should be glad if I could perform any acceptable duty to my King, yet in my life I have never lived under 4s. per day. I have [served under the direction] of the mayor since Sir Humphry [Sydenham's] sickness till the present. I vow to God I would rather serve my King for 4s. per day than any prince in the world for 40s. I am 40l. out of purse. I have made three corps de guard, 40 sentinel houses, two draw-bridges yet unset up, and the barricades before Mary Gate according to Sir Humphry's order, but finding it not resistible I thought it unnecessary to go on withal, but whatever he said was law, and I was only the agent to his projections. I never was a courtier; all my ambition is honestly to perform the duty imposed upon me. [Seal with arms much damaged by damp. 1 p.]
Oct. 2.
St. Twinell.
13. Thomas Collard to Richard Harvey. I beg you to entreat your master to speak with the judges about my son Luttrell's business, and to make known to them the equity and right that he has in the menes [mines?] appointed to be argued the second day of this term, as I understand by J. Butcher. We rely more upon your friendship than upon all other men's, therefore do for us what you can. [1 p.]
Oct. 3.
Dover.
14. Theophilus Earl of Suffolk to Sir John Pennington. On Saturday last a small ship of Holland, commanded by Captain Dorvelt, came aground under Dover Castle, whereby an anchor and cable became, in right of my admiralty of the Cinque Ports, due to me, and my officer had secured the same or some satisfaction for the value thereof whilst the captain was here, if this bearer had not at his instance engaged himself forthwith to satisfy 10l. as a moderate composition for the value of the same. But now this bearer complains that Capt. Dorvelt, having got into the Downs with his ship, refuses to repay the 10l., and that without your assistance he is likely to lose the same. Wherefore I pray give him your furtherance therein as you shall find most fit. [Seal with arms. ¾ p.]
Oct. 3.
Drury Lane, 1 a.m.
15. Sec. Windebank to the same. His Majesty has commanded me to signify his pleasure to you that presently, upon receipt hereof, you be very careful that no person of what quality soever, other than the Prince Elector and such as shall be in company of his Highness, be suffered to pass out of this kingdom towards any part beyond the seas till his Majesty's pleasure shall be further known. And in case any person shall endeavour to pass by his Majesty's fleet with any letters, you are to make stay as well of the letters as of the passengers, not excepting the letters of any ambassador whatsoever, and detain both passengers and letters till you shall receive further order. Herein you are to be very diligent, his Majesty's service being very much concerned in this business. [Seal with arms. 1 p.]
Oct. 3. 16. Draft of the same. [¾ p.]
Oct. 3.
Beaksbourne.
17. James Wilsford to Nicholas. I have lately received a letter from the Council requiring me to pay in the money or to attend the Board the first Sunday in the term, which my business, unless there be necessity, will not permit me. Do me the favour, if it be in your power, to prorogue it a month longer, and appoint the time, when I will not fail to attend. When I have ended this I will forswear troubling the Lords more. I entreat a line from you by the next post. [Seal broken. ½ p.]
Oct. 4. 18. John Earl of Bridgewater, Sir Thomas Milward, Sir Marmaduke Lloyd, and others to the Council. We heretofore certified the Archbishop of Canterbury of the seditious passages at an unlawful conventicle of certain persons at Blodwell, Salop, together with the examinations of the said persons taken before us. Whereupon, as appears by your letters to us lately directed, you were pleased to direct us to cause such proceedings to be [taken] before us against the said delinquents for their misdemeanours and seditious courses as should be agreeable to justice, or otherwise, in case upon further examinations taken their offences appeared to be capital, then the offenders to be indicted and proceeded against according to law. We thought ourselves obliged to advertise you that whilst we were further examining the premises, and an information was prepared by his Majesty's attorney attending this council against the delinquents, we were acquainted by letters from the Bishop of St. Asaph, within whose diocese the said conventicle was held, with his Lordship's proceedings against them for part of the matters objected against them; from whom also, for our further satisfaction, we received the copies of the acts and proceedings therein, which herewith we present unto you. And for the other matters wherewith they are accused, being the one, as we conceive, of blasphemy, most proper for ecclesiastical cognizance, and the other a crime capital, and in that way to be proceeded in, if there were clear and competent proof, which we doubt of, we have thought good to forbear any further proceedings therein till your pleasure be further signified. [Seal with crest. 1 p.]
Oct. 4.
Exeter.
19. The Deputy-Lieutenants of co. Devon to the Council. If to accuse were sufficient, none should be innocent, if to excuse none would be nocent. We have used our best endeavours to search out exactions, with what fruit the enclosed will inform you. The offenders we commend unto your justice. That you employ the informer to a more narrow scrutiny is our earnest desire, for we must profess that we yet groan under the bruit of this corruption, and as we acknowledge ourselves very unworthy the places we bear if we should prove any way guilty of this accusation, so should we be as unworthy if we should not endeavour to vindicate so foul an aspersion, for as it is very just you should right the country upon us if we be foul, so it will adequate your justice to right us on the informer if we be clean; it will clear our reputes, cheer us in our duties, and encourage others to observance. [Seal with crest. 1 p.]
Oct. 4. 20. Justices of Peace for Middlesex to the Council. According to your letters [see Vol. ccccxxviii., No. 87], we called the brick and tile makers before us, intending by a conference with them to have settled abuses in that trade by consent, but we found amongst the brickmakers, especially those that have been of the corporation, as we conceived, a combination rather to give over the manufacture than to be abated anything of such price as they have generally agreed upon amongst themselves, that so by necessity of the use of the material their price proposed may be admitted. We find also upon enquiry and due search made, much abuse in the illordering, making, burning, and assizing of their bricks and tiles, which in our opinion deserves punishment for example's sake. Upon conference with them and others and amongst ourselves we find that the brickmakers may make their bricks and sell them at the kilns for 8s. per thousand, or delivered at the place of the work for 1s. per mile in winter or 10d. in summer extra for every load; and herein is considered every particular of the charge, with a competent gain allowed to the workmen; whereof if you approve, it will be necessary, in our opinions, that the same be published by proclamation to be observed, as has been done heretofore in the like case. There are two other materials, lime and sand, and the ordering of workmen's wages of all sorts, worthy of consideration in matter of building, if you shall so think fit, which now also are grown to a very great height, and we have held it our duties to remember them and to offer them to your judgments, being ready in all duty to do our best endeavours in this or any other his Majesty's services. [1 p.]
Oct. 4. 21. Petition of William Smith to the Council. The difference between petitioner and William Aldred having been referred by the Lords [to the High Commission], petitioner attended the hearing thereof [at Doctor's Commons], as appears by the affidavit annexed; but Aldred by misinformation obtained from Dr. Rives a dismission till another summons. Petitioner prays the Lords to order that Aldred shall attend Dr. Rives according to his second note. [1 p.] Annexed,
21. i. Depositions of William Smith and Lawrence Butler, taken before Dr. William Sammes. That the cause being appointed to be heard before Dr. Rives on the 2nd inst., they attended at Doctor's Commons until past 3 o'clock. Lawrence Butler also deposes that yesterday Dr. Rives wrote a note fixing the hearing for the 4th inst. at 9 o'clock, which note was left at Lockington's house, but neither Aldred nor Lockington appeared. [¾ p.]
Oct. 4. 22. Archbishop Laud to Sir Thomas Roe, English Ambassador at Hamburgh. You have now all that I can say to your letter, saving to the passage concerning Dr. Johnson, for which you need ask no pardon, for I thank all my friends most [sincerely] for their greatest freedom, and so do I you for this. But the case stands thus: Dr. Higgs, at the Queen [of Bohemia's] suit, having been preferred, her Majesty desired me to supply her with [a chaplain] to succeed him. I pitched upon Dr. Johnson, both because of his language and experience in Germany, where he was three or four years with Sir Robert Anstruther, in all this time highly commended, and by him, who, as I think, is far enough from Socinianism. Besides I could not easily find so ready a preacher. 'Tis true this last spring I received advertisement from Amsterdam that he had strangely discovered himself as foully tainted with Socinianism. Presently upon this I wrote to the Queen of Bohemia, to Sir William Boswell, and to the Doctor himself, with a resolution expressed to recall him and punish him too at his return in case he were found guilty. Upon this all was found to arise from a mistake of Dr. Rivett, who being spoken with again acknowledged himself fully satisfied. I had letters, of the truth of this, and in Dr. Johnson's commendation, from the Queen, from the Prince Elector, and from Sir William Boswell, with a desire that I would not recall him. Thus far I went, and if you can say more to this I pray write it freely; but think withal what a mischief may follow, if after such satisfaction, besides his own abjuration of these opinions and his preaching strongly against them, I should disgrace a man of his learning and spirit without all proof. For my part, I know not how to do such open wrong. But if they who scandalize him, so far as Hamburgh, will take upon them to prove anything against him, I will, upon notice given by you, recall him instantly. [Endorsed by Archbishop Laud: "A branch of my letters of Oct. 4th, 1639, to Sir Thomas Rowe, Ambassador at Hamborough, touching the report of Dr. Johnson's being a Socinian." ¾ p.]
Oct. 4.
Bristol.
23. Bishop Skinner of Bristol to Archbishop Laud. The church benefices are peaceably disposed of, and the augmentation of the church means is agreed on and settled by a chapter act. For the benefices first: the dean has Olston [Olveston], eight miles from Bristol; Mr. Tucker has Barclay [Berkeley], 15 miles from Bristol; and Mr. Weeks has Banwell, 13 miles from Bristol. The truth is, before your letters of the 23rd Sept. came to hand I had so far proceeded and dealt with Mr. Dean to Mr. Cutbeard's satisfaction in a temporal accommodation, and to Mr. Tucker's satisfaction in his remove to Barclay [Berkeley], which for profit is better than Olston [Olveston], and has a singular good house, so that I had no heart to reverse, no, nor to ruffle the business. The dean and myself had fully accorded that it was your intent Mr. Tucker should be regarded, and so his importunities abated, if it might justly and fairly be compassed; and there was no way to effect it fairly, but by satisfying him to whom Tucker had promised, and who never had had any addition from the church, and whose relations are considerable, being first chaplain to Lady Montague, the Lord Privy Seal's mother, then preferred to a small benefice and to be prebend of Wells by Bishop Montague [of Norwich], then by Sir Sydney Montague's mediation brought to be canon of this church. Possibly you may remember this Mr. Cutbeard. A small jurisdiction he has of no more but one parish, and thence for a commutation he presented you, as I have heard him say, with 40l. to St. Paul's fabric; but a temporal advantage being thought on for him, Tucker had Barclay with his consent and suffrage; the rest of competitors having been formerly pleasured were not so regardable. Bamwell fell to Mr. Weeks' lot, if he can hold it, being without distance of his other benefice, but I wish his accommodation. For the church's augmentation these were the passages. The dean flatly told me he could prevail nothing with the prebends, save only with Mr. Weeks, who to give him his due was the only honest, faithful man in this business among all the prebends. But I told Mr. Dean as flatly that the business was to be done and should be done. That it stood not with your Grace's honor nor yet with my poor reputation to take from Dean Chetwind 200l. and then to put it into his pocket, for what would a thousand Puritans say? I showed him moreover a part of your late letters which enables me to revive and call upon the business. I showed him also what an absolute submission and reference the dean and chapter had made to his Majesty, and under his Majesty to you, for disposing of the two leases to the church's use and advantage. I further added if they stood off till my visitation, they should answer their tergiversations with shame enough. The very next day after a chapter was called and all assented to in peace, and confirmed by a chapter act, viz., that 200l. yearly augmentation should accrue to the church out of the two leases; to the dean's place 40l. per annum, to each and every prebend 20l., to the choir 20l. yearly, and to the fabric 20l. Likewise the 20l. for mending highways is disposed of to the public good. I doubt not but the dean was of himself very well affected to all this, but by their averseness they had even tired him out and taken off his edge. [2 pp.]
Oct. 4.
Cawood.
24. Archbishop Neale of York to Sec. Windebank. I wish your greater occasions would afford you leisure in a line or two to let me know how his Majesty accepted my answer to your last letters to me concerning Dr. Jenison. I am in a straight, not knowing what to do with him; to let him return to Newcastle I dare not; to restrain him from his own house, wife, and children he thinks a very hard case, and indeed so it is. If I knew how his Majesty accepted of that answer, I should the better resolve what to do with him. He still professes conformity, which I dare not trust him in. I have endeavoured to have information from Newcastle of any correspondence that he has held with the Scotch Covenanters, but can discover none. For other things, he has confessed and promises amendment, which I wish were hearty. I am very earnestly entreated by an honest man, to whom I have a long time been beholden to for his care of my health, to solicit you to do him a favour, but my petition is and shall be bounded by due respect of your own convenience. His suit is, to obtain his Majesty's letter to the Governors of St. Thomas's Hospital, for the reversion of the apothecary's place for that hospital. The bearer whom I move for, William Rouswell, is a man of very good worth and ability in his profession, bred therein, and much used by our ancient friend Sir William Paddy. By doing him this favour you will oblige him to be a faithful and loving servant to you and all yours while he lives. [Seal with arms. 1 p.]
Oct. 4.
The Unicorn, in the Downs.
25. Sir John Pennington to Sec. Windebank. Yours of the 3rd inst. has come to me. I must crave pardon for not performing your commands therein mentioned, for that I am absolutely prohibited by the Lord Admiral from executing anything except I have it immediately under the King's own hand or from himself, and I have suffered for it in his Lordship's good opinion heretofore; moreover your directions are so lapped up that I know not well what can be done in them, for you neither name the persons of the men that should be stayed nor their country, neither can I stay any man by that direction, if the Prince Elector will own him to be of his company. [1 p.]
Oct. 4. 26. Copy of the same. [¾ p.]
Oct. 4.
Woodhall.
27. James Gibbes to [Richard] Harvey. This is to bid you welcome to London again, and to give you notice that I had and have a great resentment of the misfortune of not seeing you when you called at Woodhall in passing by. Here we are all alone, and apply ourselves to our books diligently. I hope to make Mr. Philip [Porter] my masterpiece, according as he proceeds with me and takes learning. His father told us we should shortly be going over sea, but I fear it will not be before next spring. What you may advise I shall be glad to follow. As for Mr. Charles [Porter] no great matter could be worked with him, wherefore I should rejoice some settled course should be thought on for him. I received letters from Mr. Bartlet lately, who desires to be remembered to you. [Seal with arms. 1 p.]
Oct. 4.
Conisholme.
28. Thomas Butler to the same. I was sorry that you were gone away before I came up to Hollam Hill. I desire to know whether Master Porter has received my letters, and what effect they have wrought. I hope you will stand my friend to speak for me when you see cause. I know that Mr. Philips never had any good heart towards me, for if he had, I think verily that he would not have left me in such a case as he did, taking no care for me whether I sink or swim. I would have been at London before this time, but for special occasions; however I will be there about the middle of this term. [1 p.]
Oct. 5.
The Court, at Whitehall.
29. Sec. Windebank to the Sheriff of co. Oxford. There lately issued forth to yourself and others a commission for finding of the lands, goods, and chattels of certain recusants, which proceeding being only intended for enabling those who are already convicted and mentioned in a schedule annexed to the commission to make composition for the several sums due to his Majesty upon the statutes for their recusancy, according to his Majesty's instructions in that behalf, which otherwise they could not do. Forasmuch as the commission of enquiry has been by divers misunderstood as an unusual violent prosecution against recusants, which is not his Majesty's intention, these are to signify that his Majesty's intention is that no seizure be made of any of the lands, goods, or chattels of those who shall, at the execution of the aforesaid commission, enter their names that they will, within three months after, prosecute their composition in London with his Majesty's Commissioners for Recusancy, and that you be careful, in the execution of the commission, that all further or unusual prosecution against recusants be forborne by those who shall be therein employed. If any seizures be already made by you or your deputies contrary to these his Majesty's gracious intentions, the same shall be forthwith restored, such being his Majesty's clemency towards them at this time at the instance of her Majesty. [1 p.]
Oct. 5. 30. Similar letter to the Sheriff of Sussex. [Seal with arms. 1 p.]
Oct. 5. 31. The like to the Sheriff of Somerset. [1 p.]
Oct. 5. 32. The like to the Sheriff of Hants. [1 p.]
Oct. 5.
Dover Castle.
33. Sir John Manwood to Sec. Windebank. According to the commands in your letter touching the powder, I have sent the merchants' accounts how they intended to dispose of it, and from whence they had it, if his Majesty restrain them not, they being humble suitors to know his Majesty's pleasure. My Lord will satisfy you in all other points that concern him. [Seal with arms. 1 p.]
Oct. 5. 34. Copy of the same. [½p.]
Oct. 5.
Dover.
35. Theophilus Earl of Suffolk to Sec. Windebank. Upon receipt of your letter of the 4th inst., I sent aboard Sir John Pennington, to enquire of the Prince Elector's passage, and had from him the enclosed answer. According to your directions I have made stay of all passengers and letters within the Cinque Ports, and likewise the ordinary packet that goes for France; but now, as I conceive, it is your meaning that the restraint be taken off, and the packetboat has liberty to go away to-morrow with the tide. And to the rest of the ports I shall now send order to put them in the same state they were before the restraint, until such time as I shall hear more from you. I acquainted the general of the Spanish fleet with his Majesty's favour concerning the landing and accommodation of his sick men. He seemed thereat to be infinitely taken, and uttered many thankful acknowledgments for all his Majesty's princely favours, and in this particular I did let him know that the Spanish resident had moved his Majesty therein. But the general returned me answer, as I said before, with thousands of thanks to the King, that he had taken order to send his sick to Dunkirk, and therefore had no occasion, in this particular, to make use of his Majesty's grace and favour. P.S.—There have no French come either to Dover or Rye, saving two mean persons belonging to the Queen Mother; the one came to Dover, the other went to Rye with divers letters to ladies and other private persons, all which shall be presently returned to them again, and they themselves suffered to go on their journey. [1 p.] Enclosed,
35. I. Sir John Pennington to Theophilus Earl of Suffolk. Your letter of this date is at this instant come to me, in answer whereof the Prince Elector set sail from hence in the Bonaventure yesterday, between 4 and 5 o'clock in the afternoon, for Bolline [Boulogne], in France, and, as the report of their ordnance tells me, was landed this forenoon about 10 o'clock. The Unicorn, in the Downs, 5th Oct. 1639. [1 p.]
Oct. 5. 36. Copy of the above letter of the Earl of Suffolk to Sec. Windebank. [1 p.]
Oct. 5.
London.
37. Algernon Earl of Northumberland to Sir John Pennington. According to your desire, I have acquainted his Majesty with such particulars contained in yours of the 2nd and 4th inst. as were worthy his taking notice of. Howsoever, the Admiral of Holland seems to excuse the seizing upon those vessels, because the King had prohibited his subjects from transporting Spaniards to Dunkirk, yet he cannot choose but take [it] ill that the Hollanders should presume to take them under the command of his forts. And for the masters of those ketches who have offended in this business, I shall take order they be severely punished; and his Majesty doth expect the Admiral of Holland should do the like with his captains who have transgressed, especially with him that durst wear the King's colours in his Majesty's own roads, contrary to all honest practice. With the proceedings of the packet-boat his Majesty is much displeased, and has given order to the secretaries of state to examine the business and to see the delinquents punished; but for a more certain reformation of that abuse, it is very necessary that I be made acquainted with such particular offences as have been committed by that boat, as also with the proofs, that we may be sure they be not doubtful, but infallible, whereof I desire you to have a special care, not only for what has been already done, but what shall be done by her hereafter. As for the misbehaviour of Rockwell, master of the Greyhound, I am content he be discharged so soon as Wheeler shall come to you, unto whom, upon his humble submission and very serious promise of amendment, I shall once more give warrant for the command of that vessel, and shall despatch him towards you suddenly. I have this morning sent for the victualer, and have acquainted him with the complaint you make, that there are no victuals come down for the three ships, who protests, upon his credit, that the victuals went away ten days ago, and had not the wind been contrary they would have been with you long ere this; adding, moreover, that to prevent all inconvenience he did long ago furnish Holt, your purser, with 200l., to supply either you or them with fresh victuals from the shore, in case there should be any necessity before the coming down of their victuals. You have done well in refusing to put into execution those directions sent you by Sec. Windebank, and I will excuse you therein to the King, and justify the doing of it. Concerning Apslin, whom you recommend unto me, I shall remember him, the rather at your entreaty, when any master shipwright's place shall become void, if I find him capable thereof. And whereas you desire to receive more punctual instructions than have already been sent you concerning your demeanour towards the two fleets in the Downs, I do assure you that you have the very same that were given to me, and other than those I cannot send you. The inconveniences that may happen by suffering these two great fleets to remain in the Downs have been fully represented to the King, but his Majesty is not yet resolved upon the appointing a day when both fleets shall depart the road. [3½ pp.]
Oct. 5.
Ancaster.
38. Thomas Earl of Lincoln to Archbishop Laud. I am and always have been very desirous to submit to your private determi- nation the cause depending in the High Commission which concerns myself and the vicarage of Stowe. I doubt not but to satisfy you that this vicarage is endowed but with 20 nobles per annum; the tithes thereof were impropriate to the monastery of Semperingham, which was purchased from the Crown by my great-grandfather, Edward Earl of Lincoln. Within a quarter of a mile of Stowe is the vicarage of Threckingham, the endowment whereof exceeds not 40 marks per annum. I have for all my time allowed to the church to which those few inhabitants of Stowe have resorted, not only the 20 nobles due to Stowe, but a part of the impropriate tithes. Before ever the present suit was thought of, I moved your visitor in these parts that the vicarage of Stowe might be consolidated with the vicarage of Threckingham, which he approved, and it was in doing by direction of my counsel when this suit was commenced. I am now suitor that the consolidation may proceed, the churches being so near and both of them so poor. I give you many thanks for your respects to me in the proceeding of this business, especially that you are pleased to bestow your pains in private to accommodate me in my desires. In the beginning of the term my counsel shall not fail to attend you, and I then hope to give you good satisfaction in everything, which my friend Sir Christopher Wray has, on my behalf, alleged to you in my necessary absence, and I trust I shall be able to wash my hands before you from the charges of demolishing or profaning the Church. The desire I had to clear myself from these foul aspersions hath been the only cause on my part of spending time in this suit, and unless in this summary way I do render myself innocent, I shall willingly, in that and everything else, abide your judgment. [Seal with arms. 1 p.]
Oct. 5. 39. Statement of the stages through which the suit in the Star Chamber versus Bishop Williams, of Lincoln, has passed, since the 18th Jan. 1638, when the information was exhibited against the bishop. Under date 29th Nov. 1638 occurs this entry:—Upon the Attorney-General's information that the bishop had several times made insufficient answers to the interrogatories, and will not be drawn to perfect his examination according to the last certificate of the judges, but is close prisoner for his contempt therein, it was ordered that the examiner attend him that afternoon, and unless he perfect his examination in a week, the matters questioned shall be taken pro confesso. So there has been above 10 months spent before the bishop could be brought to perfect his examination upon interrogatories, and 10 months more spent in bringing in some of the other defendants, many of them being kept out of the way by the bishop's means, and some others of the principal defendants are yet concealed and shifted away, insomuch as Mr. Attorney has been driven to move the court, 5 Oct. 1639, for a special order to reply to them, when they can be brought in to answer. The bishop's counsel was heard at large by the judges referees touching the scandal in his answer, and he had knowledge that it was expunged above 11 months since, as will be witnessed by Mr. Parry, who delivered him the copy of his answer so long since, with those words expunged, by direction of the court, and his lordship expostulated the matter with Parry about expunging the same. So, if in truth there had been cause, he might have questioned Mr. Kilvert and any others by his bill before this time, it being 16 months since the scandal was expunged. And now, after replication filed and issue joined in the cause, to add unto or alter a defendant's answer hath not been known; and since this cause has been delayed now 20 months by the shifts and contempts of the bishop, it is humbly prayed that the defendants may examine all their witnesses, and publication pass within a month, that the cause may be brought to hearing this term. Nine orders of court have been made for his close imprisonment, and one that he should be taken pro confesso, before he could be brought to answer, and be examined upon interrogatories. Underwritten,
39. i. In the first cause the bishop inserted scandal in his answer against Sir John Lambe, and because it was not excepted against before the replication filed, it could not be expunged. [3 pp.]
Oct. 5. 40. Account by Sir William Russell of ship-money for 1638. Total received 40,660l. 12s. 9d.; in arrear 29,089l. 7s. 3d. [1 p.]
Oct. 5. 41. Account of ship-money for 1638 levied and remaining in the hands of the sheriffs. Total 1,851l., making, with the 40,660l. paid to Sir William Russell, 42,511l. The following was the state of arrears: For 1635 = 4,536l.; 1636 = 7,181l.; 1637 = 20,459l.; 1638 = 27,089l. [1 p.]
Oct. 5. 42. Receipt of Edward Peters for 240 barrels of gunpowder from Hamburgh for exportation to Dunkirk. [¼ p.] Annexed,
42. i. Receipt of David Hemsen for 50 barrels of gunpowder from Hamburgh, to be transported to Madeira and consigned to Mr. Martin. [¼ p.]
Oct. 6.
Whitehall.
Henry Earl of Holland to Sir Robert Bennett, Surveyor of the Works belonging to the Castle and Honour of Windsor. I am informed that it will be necessary for the good of his Majesty's deerbelonging to Francis Yong's Walk within the Great Park that the large pond adjoining to the great meadow within the said walk be scoured, and also that the pales round about the little meadow near the lodge be repaired. It is fit also to alter the locks of the gates belonging to the Great Park, thereby to disappoint the multitude of keys by which the park is made in a manner common, as well to the disturbance and hazard of the deer there as to the filling of the park with horses and cattle of persons unknown. I require you therefore to cause the locks to be changed and the pond scoured, and likewise that the pales above alluded to be repaired. [Copy. See Vol. ccclxxxiv., p. 65. 4/5 p.]
Oct. 6. 43. Certificate of Philip Holman, sheriff of co. Northampton, by which he submits to pay the arrear of ship-money charged upon the county by virtue of writs directed to him, excepting only the sums charged upon the corporations within that county. [½ p.]
Oct. 7. Grant to Ralph Nicholls of 100l. per annum for executing the place of Marshal of the Ceremonies to his Majesty, in the room of Amis Andros, upon the surrender by Andros of the like grant. [Docquet.]
Oct. 7. Presentation of Francis Stroud, clerk, M.A., to the rectory of Cadeleigh in the diocese of Exeter, void by the death of the last incumbent, and in his Majesty's gift hac vice by reason of the minority of Simon Leech, his Majesty's ward, or for want of suing out his livery. [Docquet.]
Oct. 7. Warrant to the Exchequer for an allowance of 40s. per diem to Sir William Boswell, resident for his Majesty with the States of the United Provinces, for his entertainment in that service, to commence from the 3rd April last exclusively, and to continue till his return; also to advance to him from time to time three months entertainment to be defalked upon his account; likewise for payment of such other charges as by bill to be by him subscribed and allowed by one of the principal Secretaries of State shall appear due. [Docquet.]
Oct. 7. 44. Sir William Armyne to the Council. In obedience to your commands Sir Edward Hussey and myself have heard the allegations of Lady Pakenham for proof of the suggestions of her petition unto you in June last concerning a light horse now in difference betwixt that lady and Mr. Brownlow. We have likewise heard what Mr. Brownlow can say. It appears to me that Richard Brownlow, the father, first bought the reversion of Belton in 1609, and not long before Sir Henry Pakenham's death purchased also the present possession, agreeing to pay Lady Pakenham a rent of 560l. per annum during her life, upheld from all manner of charges whatsoever. Accordingly, from 1619, about which time Sir Henry died, till 1627 Richard Brownlow stood charged for Belton with a light horse, and did in that time show horse and arms for Belton according to his charge. On the 10th February 1627[-8] Francis Earl of Rutland, then Lord Lieutenant of co. Lincoln, charged Captain Godfrey, who had married the lady, with a light horse, for his wife's lands in Belton in the occupation of Richard Brownlow, but from that day to this never any was showed, neither by Mr. Brownlow nor by Capt. Godfrey. About Christmas 1638 Capt. Godfrey died, and Lady Pakenham, his widow, says she was never yet charged with any horse or arms, but is very willing, if she, releasing her annuity, may have the possession of the house and lands in Belton during her life, with all the profits and commodities thereunto belonging, as amply as she had before the bargain made with Richard Brownlow to find the light horse and arms which stand now charged upon Belton. Otherwise she hopes to enjoy her rent reserved out of Belton, free from all manner of charges whatsoever, as hitherto she has enjoyed it, save only the trouble and charge of this particular business now in hand before you, which she prays you would relieve her in. And so, in submission to your final determination in this matter, I conceive Mr. Brownlow should find the light horse and arms during the life of the said Lady Pakenham, as his father did before him, in regard of the before-mentioned bargain, and that Mr. Brownlow now has the full possession of the house and lands in Belton and dwells upon them. [1p.]
Oct. 8.
London House.
45. Lord Treasurer Juxon to the Officers of the Customs of Sandwich and Dover and the Members thereof. I have received his Majesty's privy seal, dated Westminster, the 2nd inst., concerning the abuse of freighting and unlading English bottoms in foreign ports, without touching at Dover, Dover Road, or the Downs, or paying the duties according to composition for the same, as by the copy thereof [See p. 3, No. 7] herewith sent may more at large appear. These are therefore to require you to take good heed to the tenor of the said privy seal, and to observe the same in all points. [Copy. 1 p.]
Oct. 8. 46. Robert Reade to William Dell. Upon the enclosed information of Winckworth against Parsons, Mr. Secretary [Windebank] sent his warrant for him; and now that he is brought up it appears that this is the third time he has been questioned for this business. The first time he was in trouble about it was in 1633, when he remained a good while in restraint, and then was discharged by consent of Archbishop Laud. The second time the examination of the complaint was referred to Sir Richard Harrison, who certified therein, and to my best remembrance it appeared that it was a malicious accusation. I am sure this third complaint is of malice, it being made by one of his adversaries in the parish, who stands now excommunicated at his suit, yet Mr. Secretary would not discharge him until he had acquainted his Grace with it, which he purposed to do yesterday, but forgot it. You may please therefore to acquaint his Grace therewith and receive his order how Mr. Secretary shall proceed further herein, for though the man can never be too much punished for such an insolence, yet since he has been already twice troubled for it there is the more consideration to be had of him. [Seal with arms.] Written in the margin,
46. i. William Dell to Robert Reade. I have shown his Grace this letter, who thanks Mr. Secretary for his care of him, and yourself for your pains. He had not leisure to speak with the man, nor had heard one syllable concerning him till now, unless it were a great while ago, and therefore his Grace refers it wholly to Mr. Secretary to release him if he please, being heartily sorry he has such occasions to put him to trouble. [1 p.]
Oct. 8.
Windsor.
47. Algernon Earl of Northumberland to Sir John Pennington. I have made his Majesty acquainted with that part of your letter, brought me this day by your nephew, which concerns your de- meanour between the Holland and Spanish admirals, unto which his Majesty's answer is this, that you are to let the Holland admiral know that his Majesty is now celebrating the feast of St. George at Windsor, but within four days will return to London, and is then resolved to appoint a short time for both fleets to depart the Road, and upon the assurances which the Holland ambassador has given his Majesty he rests confident that in the meanwhile no acts of hostility will be committed by them in that place. This being done, you are to send to the Spanish admiral, to inform yourself in what state they are to defend themselves and to resist that great force of the Hollanders which now threatens them. If when the Hollanders assault the others you see the Spaniards defend themselves so well that with the help of those few ships that are with you they shall be able to make their party good, which the King, upon the report of some, is well inclined to believe, then are you to give them your best assistance, otherwise you must make as handsome a retreat as you can in so unlucky a business. More particular instructions than these I cannot get for you, which you must manage to your best advantage. Your requiring them to forbear but for three days and then to take their course, if the Spaniards were not commanded out of the Road or the Hollanders permitted to fall upon them, exposes you to some censure, having no commission to make any such proposition, but because I presume it proceeded from a good intention in you I will use my best endeavour to make it so understood. P.S.—I have once more given the victualer order for supply of those ships, and have sent to the City about theirs, and that with such earnestness that I assure myself you will hear from them both suddenly, either by sea or by land. [2 pp.]
Oct. 8.
Sion.
48. Thomas Smith to Robert Reade. Mr. Sec. Windebank is desired to procure a warrant from his Majesty to the Lord Admiral for his giving order that his Majesty's ship Convertive be made ready to go to sea with rigging and sea stores of that kind, both for the boatswain and the carpenter, as is accustomed for six months, and so to be lent to the Earl Marshal of England. [Seal with crest. ¾ p.]
Oct. 8.
Greenwich.
49. Bishop Maxwell of Ross, in Scotland, to Sec. Windebank. My lord's grace told me what you wrote concerning the doubt of the two Drs. Wishart. I thank you for your care and kindness, and that you desire not only to know his christian name, but also what I think fit to be done for facilitating the business. It is a mistake that there are two doctors of that name, and so the designation of Dr. Wishart had been enough. His christian name is George. For his ability and integrity I will undertake. To advance and facilitate the errand it is requisite, if not necessary, that his Majesty's letter, and that an earnest one, be directed with all convenient diligence that Dr. George Wishart, sometime preacher at St. Andrew's, may during the suspension of Dr. Jenison have the charge he had at Newcastle, that is, to be lecturer at St. Hallows, Newcastle, on Sunday, and at St. Nicholas on Thursday. This letter as I conceive, but in this I refer myself to you who know those things best, must be directed to the mayor of Newcastle and aldermen there, or the mayor alone, as you think fit. What makes me request for haste is that there is periculum in morâ, for which favour I trust God will reward you; an honest man will be a daily orator to God for you. [1p.]
Oct.8.
Excter Palace.
50. Bishop Hall of Exeter to Archbishop Laud. We begin already to find the effects of the Scottish schism. I am grieved to say that one of my clergy, Benjamin Cox, of Sandford, in my diocese, has lately in his chapel rather than church vented doctrine foully prejudicial to the divine institution of episcopal government. Upon intelligence I convented him, and drew from him the copy of his sermon, written with his own hand, and so before me acknowledged, although, when he saw what I intended, he refused to subscribe his name to it. I pressed him with particulars; he stands peremptorily upon his points. I do therefore wait your pleasure by the hands of my chancellor, to whom I have sent the sermon originally written. I took it the more heinous from him for that the man had been all this while strictly conformable, and was one of the first in my diocese who removed his table voluntarily to an altarly situation; quo percitus æstro he hath done this I know not. I doubt more will follow this peevish humour. My zealous endeavour shall not want both for prevention and remedy. [Endorsed by Laud: "He submitted and recanted." Seal with arms. 1 p.]
Oct.8.
Exeter Palace.
51. Bishop Hall of Exeter to Sir Dudley Carlton. I received an order from the Council to convent one of my clergy, Mr. Blake, vicar of Bar[n]staple, and to receive his answer concerning his refusal of the payment of the shipping money, which I have accordingly done, and have here enclosed sent you his answer, too full and prolix. You may be pleased to cut off the latter part, which is too personal, and to take notice of the real satisfaction he has given to this point. The man is peaceable, conformable, and of more than ordinary desert. Let him speak the rest for himself in his large answer. [Seal with arms. ¾ p.] Enclosed,
51. i. Remonstrance of Martin Blake, vicar of Bar[n]staple, to Bishop Hall of Exeter. Contends that the payment of the assessment does not pertain to the vicar, but to the impropriator of the place, in proof of which he encloses an extract of the register which concerns an ancient taxation of this vicarage by Bishop Stapleton in 1311. Has forborne to pay this assessed sum of 15s., not out of a base desire to spare his purse, much less out of a refractory and perverse spirit against authority, but merely out of an obligation in conscience to preserve the right of the church against the impropriator, seeing the poor vicar's allowance is so small and also that his own expenses in the re-edification of the vicarage-house (which was left to him no better than a ruinous heap) has cost him above 300l. Oct. 4. [1½ p.] Encloses,
51. i. i. Extract of the register of Bishop Stapleton of Exeter above alluded to. [¾ p.]
Oct.9.
Drury Lane.
52. Sec. Windebank to Archbishop Neale of York. I have acquainted his Majesty with your letter of the 6th Sept. concerning Dr. Jenison, and he is very well pleased with your grave and discreet carriage in that business, and with the care you ever use in his and the church's service. For the non-conformity of the person, his Majesty holds it dangerous to his government, especially considering the ill symptom it carries with it, of his correspondence with the Scottish faction; and therefore his Majesty's pleasure is that you shall not only continue his suspension, but proceed further against him for such misdemeanours, as by proof and evidence he shall be found guilty of. In the meantime, that the place he held at Newcastle may not continue unsupplied, his Majesty has commanded me to write to the town in his name, a copy of which letter [see next entry] I herewith send you, requiring them to make choice of and to admit Dr. Wishart, sometime preacher at St. Andrew's, to Jenison's charge. This Dr. Wishart is one for whose ability, integrity, and good affections to the church the Bishop of Ross has undertaken to his Majesty [see p. 19, No. 49], who has thereupon been pleased to vouchsafe him recommendation. [Copy. 1 p.]
Oct. 9.
Drury Lane.
53. Sec. Windebank to [the Mayor and others of] the town of Newcastle-upon-Tyne. His Majesty having understood that Dr. Jenison, who held the place of lecturer in Newcastle, stands suspended for nonconformity, and is to be questioned for sundry other misdemeanours, has commanded me to signify to you his care of the good of that town and how sensible he is that the place should continue unfurnished of an able and learned minister. Whereupon his Majesty's intention is that it be supplied with some person of integrity of life and soundness in religion, and to that end has made choice of Dr. George Wishart, whom his Majesty knows to be very fit for that charge. His Majesty's pleasure therefore is that you do not only immediately choose the said Dr. Wishart to the place of lecturer at St. Hallows' in Newcastle upon Sundays and at St. Nicholas upon Thursdays there, but that you likewise suffer him to enjoy and receive all profits, commodities, and advantages whatsoever thereunto belonging in as ample a manner as Dr. Jenison enjoyed the same, and that Dr. Wishart shall hold and exercise that charge during the suspension of the said Dr. Jenison. [Copy. 1 p.]
Oct.9.
Windsor.
54. James Marquis of Hamilton to Sec. Windebank. My lying in his Majesty's chamber, he being in bed and I called for, will plead excuse for the shortness of this letter and my not entering into particulars. I am commanded to let you know that if upon Friday next Rook's petition be presented to the Council with his Majesty's reference thereupon, you signify to the Lords that it is his pleasure they forbear any proceeding thereupon till his coming to town, at which time he will declare his further pleasure. [Seal with arms. 1 p.]
Oct.9.
Windsor, 11 o'clock at night.
55. Algernon Earl of Northumberland to Sec. Windebank. Last night his Majesty, understanding by some advertisements from the Downs that the Hollanders are preparing to give a present assault upon the Spaniards in that place, commanded me to let the Admiral of Holland know by Pennington that at his Majesty's return to London he was resolved to limit a short time for both fleets to depart the Road, and therefore expects in the meantime that no hostile act be committed by them. His Majesty's pleasure is that you give like notice of this resolution to the States' ambassador, that he may do all he can to prevent the inconveniences that must necessarily follow if anything should be there attempted. The King's resolutions have hitherto been so uncertain that I much doubt it will now hardly be in his power to hinder both the dishonour and loss which he is likely to suffer. I wish a good end to this business, and myself some means of serving you. [¾ p.]
Oct. 9. 56. Copy of the same. [¾ p.]
Oct.9.
Windsor.
57. Endymion Porter to Sec. Windebank. At nine o'clock last night I received your letter with one enclosed from Don Alonso de Cardenas, and acquainted his Majesty with the contents of it. He commanded me to let you know that he would have you make answer to the resident, if he require it, that the King has shewed his care of the Spanish fleet with all the kindness that could be expected, and that if the wind set where it does it will be impossible for his ships to come to protect them against the Hollander, but his Majesty will do the best he can. Howsoever he would have the Spaniards prepare themselves for the worst, for they cannot imagine but that he will be prest to limit a time for their abode in his port; in the meantime he will keep them from hostility if it be possible, and his Majesty has given the best order he can for that purpose. You can also inform them how great a prejudice it would be to the King if they should fight in the harbour, for if any ships should miscarry and be sunk there it would be the ruin of the best harbour in the kingdom. It seems the Spaniards regard nothing but their own accommodation, nor will they look about them until the King assign them a day to set sail, the which will be required from him; and when they are out of the port they must trust to their own force, for his Majesty will protect them no farther. As for their making any proposition, I think they are such dull, stupefied souls that they think of nothing, and when I acquainted his Majesty with their negligence in that particular he told me that the resident was "a silly, ignorant, odd fellow." [1 p.]
Oct.9. 58. Copy of the same. [1 p.]
Oct.9.
The Tower.
59. Sir William Balfour, Lieutenant of the Tower, to Nicholas. I lately received a letter from the Council concerning arrear of shipmoney for 1637 in the Tower liberty, as if through my remissness and negligence the same had not been collected ere now. For clearing whereof I desire you to represent to the Lords from me that the said liberty has been and still is highly rated, chiefly in consideration of 40 yeomen-warders serving there, who are all of them subsidy men and are ordinarily rated in these assessments at 44s. a man, which comes to 88l. for their share. The rest of the assessment is laid upon the liberty, which hardly is collected from them, being a company of poor men who mostly live by their labour, and the warders being exempt from this collection by order from the Lords, the inhabitants question if they in reason should be charged to pay the warders' share and their own too, their own share being almost double as great as any of the adjoining hamlets where many rich men inhabit. Yet out of my zeal for his Majesty's service I did for that year 1637 lay 48l. of the 88l. which was the warders' share upon the inhabitants, which with great grumbling and much ado was collected save 10l. or 12l., and this besides my own share of 3l. or 4l. I made up out of my own purse; so that the 142l. that year appointed both for the warders and inhabitants was all paid, save 40l. now called for, which I fear cannot be had or expected from such poor men as those of this liberty, they having already strained themselves to their uttermost, and how this can be remedied I leave to their Lordships' consideration. [Endorsed by Nicholas: "Order to be taken that next year when ship-money shall be required the sheriff of Middlesex do not levy so much on the Tower liberty by 40l. as was laid in 1637." Seal with arms. 1 p.]
Oct.10. 60. Sec. Windebank to Theophilus Earl of Suffolk, Lord Warden of the Cinque Ports. His Majesty considering that if the Holland fleet should commit any act of hostility upon the Spaniards in the Downs, whereby the latter may be driven on shore for preservation of their lives, and so finding themselves in want of victuals and lodging may perhaps become unruly and disorderly, as soldiers in distress and necessity use for the most part to be, to the prejudice and damnifying of his Majesty's subjects, his Majesty commanded me to signify his pleasure to you that as well you as the deputylieutenants of Kent, in such case of necessity, shall cause provision to be made for the billeting of the Spaniards as strangers, in places most convenient, in such sort as for their money they may have all necessaries of meat, drink, and lodging, and that it may appear to all the world how careful his Majesty is, not only for the good of his own subjects in preventing disorders, but likewise of the subjects of his friends and allies in such cases of extremity. Thanks for your despatch wherein you give account of the Spanish admiral's well accepting of his Majesty's offer concerning the sick soldiers, and of the disposing of them another way. [Copy in Windebank's handwriting. 1 p.]
Oct.10. 61. Another copy of the same. [¾ p.]
Oct.10.
Windsor.
62. Endymion Porter to Sec. Windebank. His Majesty having considered what may happen if the Hollanders should in a hostile manner fall upon the Spaniards in the Downs and compel them to run ashore, has commanded Porter to request Windebank to signify to the Lord Warden of the Cinque Ports and the deputy-lieutenants of Kent to provide for the billeting of such Spaniards as may come ashore, as detailed in the preceding letter before calendered. [1 p.]
Oct. 10. 63. Copy of the same. [1½ p.]
Oct. 10. 64. [Sec. Windebank] to Bishop Mainwaring of St. David's. I understand there is a difference now depending before you concerning the title of an advowson wherein the Earl of Worcester claims a right. You well know, and I can testify, how willing his Majesty formerly was that the Earl's right should be maintained, though it then concerned his Majesty in particular. And as for this, it being, as I am informed, but a vexatious course of the adverse party, I doubt not but you will consider of the quality of my Lord of Worcester, and the great estimation the King has of him, and proceed in so fair and equal a way as that by your justice his Lordship may have his right preserved without troubling his Majesty, who certainly will be no less careful of him in this business than he was in the former, which you may intimate to the adverse party. Herein you will very much oblige my Lord of Worcester. [Draft. ¾ p.]
Oct. 11. 65. Petition of John Stripe, merchant, and others to the Council. There is a general plenty of all sorts of grain this year thoughout the kingdom, and particularly in the parts of Yorkshire in and about Hatfield Chase, where it is much increased by the draining of the level, by means whereof, and of their old stores yet remaining, the prices are so low that the husbandmen and farmers are unable to pay their rents and subsist, unless they may sell some quantities to be transported into the parts beyond the seas, as in such cases has heretofore been usual. Pray license to export from Hull 200 lasts of wheat, 100 lasts of oats, 300 lasts of rye, and 200 lasts of barley, being quantities that may be well spared out of those parts. [½ p.] Annexed,
65. I. Richard Bradforth, mayor, and others of Doncaster to the Council. Certify that at the last market held on the 5th inst., best wheat was sold at 25s. the quarter, and the meanest for 18s. 4d.; rye 16s., and so down to 14s. according to goodness; oats 6s. 8d. the quarter, and so down to 5s. Doncaster, 11th October 1639. [1 p.]
Oct. 11.
Deal Castle, 10 a.m.
66. Theophilus Earl of Suffolk to Sec. Windebank. At this instant the Spaniards and the Hollanders are in a bloody fight in the Downs. The Admiral of Holland began the fight. There are six Lubeckers already run ashore, and it is probable that more will follow. A few hours more will decide the particulars, and then you shall hear further from me. [½ p.]
Oct. 11. 67. Copy of the same. [½ p.]
Oct. 11.
Dover, 3 p.m.
68. Theophilus Earl of Suffolk to Sec. Windebank. Since my last letter I stayed at the Downs until such time as the Spaniards and Hollanders being under sail made their way from the Downs westward, fighting as they passed. There are some ships come on shore near the castles in the Downs, and I saw two of the Spanish fleet fired close under Walmer Castle, and those are all that have yet suffered by that way. This is all that I can say touching this fight, saving that his Majesty's ships lie in the Downs safely, not having sustained, for ought I know or can be informed, any harm. As for your letter of the 10th inst., which I received this morning, I will be careful to follow the directions therein. There are many Spaniards already come ashore, for whose accommodation I have given order. [Seal with arms. ¾ p.]
Oct. 11. 69. Copy of the same. [¾ p.]
Oct. 11.
Dover.
70. Theophilus Earl of Suffolk to Sec. Windebank. Holding it part of my duty, being here, to give you all the advertisements that come to my knowledge, I am now thereby to give you to understand that since the writing of my two last letters the Hollanders which followed the Spanish fleet have possessed themselves of two of the Spanish ships which, as it seems by the relation I have, lagged behind the rest, not being able to keep sail with them, and it is the opinion of most understanding men that they are like still to take more, in this way of their falling off [from] their company. P.S.—There are already numbers of men landed both at the Downs and Dover, and more will daily come ashore. In the meantime I use my best endeavour for their accommodation, but I fear it will be burthensome to the country unless some order be taken for defraying their charges by the Spaniard. [Copy. ¾ p.]
Oct. 11. 71. Lord Treasurer Juxon and Francis Lord Cottington to Sir Robert Pye, Auditor of the Exchequer, Sir Edward Wardour, Clerk of the Pells, and the rest of the officers whom it may concern. Whereas, by his letters of privy seal dated the 31st July 1639, his Majesty was pleased for supportation of the hospital of King James founded in the Charter House, Middlesex, to pardon and release the governors of that hospital and their successors the sum of 500l., compounded and agreed with us and other the Commissioners to be paid for disafforestation of their manors and lordships of Southminster, Norton alias Cold Norton, Stambridge Magna, and other manors and lands in the said privy seal expressed, commanding talleys to be levied at the receipt of the Exchequer for discharge of the said governors. These are therefore to require you to levy the talleys according to the tenor of the above-mentioned privy seal. [Copy. 1 p.]
Oct. 11.
Beaumaris.
72. Robert Chambers to Francis Lord Cottington. The opportunity of this conveyance gives me occasion to give you notice of our safe arrival at Holyhead on Wednesday last, from whence we are now hasting homeward with all convenient speed. The great business is now concluded, and I hope I may safely say so settled, according to the trust reposed in the Commissioners, that we may hope for a gracious acceptance from his Majesty, the advance of whose service has been their only aim, and I may add your honor has been much regarded. I am not ignorant but that a business of this nature, transacted at this distance, may admit of various reports from persons variously affected to it; thus much I dare assure you, there is no certainty at all in any report concerning the sum to which this revenue is advanced but what proceeds from the Commissioners or myself, to whom it is only known, and whether it be more or less than is reported, a fair account will be given of it upon our return. [Seal with arms. 1 p.]
Oct. 11.
Sion.
73. Thomas Smith to Sir John Pennington. My Lord Admiral having granted a safe conduct to the ship Four Sisters for freeing the men from the press, the owners are fearful she will be staid when she comes into the Downs; and though I have assured them the contrary, in regard she is laden, yet they will not be satisfied without a letter from me to you, which I could not deny. I entreat you not to suffer her to receive any interruption when she comes. [¾ p.]
Oct. 11. 74. Relation by Sir John Pennington, Admiral, Sir Henry Mainwaring, Henry Stradling, Richard Fielding, Edward Popham, Richard Slingsby, John Hall, William Brown, Peter White, James Bamford, William Nicholls, John Swanton, Philip Johnson, Thomas Rockwell, and John Rochester, captains and masters of the fleet for guard of the Narrow Seas, concerning the beginning of the fight in the Downs between the Spaniards and Hollanders. The Spaniards being berthed altogether in the best of the road, the Hollanders lying without them to the eastward and northward, and the King's ships to the southward, about eight in the morning, the wind being N.W., the Hollanders were all of a sudden under sail; whereupon our admiral called a council. We were no sooner aboard with him but we heard some shot betwixt the fleets, but which began we could not certainly know by reason of the fog, but as some of our men affirm and by circumstances it is probable it was the Spaniards, yet we conceive the Hollanders gave the first occasion by weighing with their whole fleet, endeavouring to get to the windward, and coming so near that the Spaniards might justly suspect their intentions to board them with their fire ships. Our ships being all loose, we had no time to advise long, being at that time the last quarter flood. We all agreed that being the leewardmost ships of all, by reason of the fog, the thickness of the ships together, and the smoke, we could neither avoid being entangled, to a great disadvantage, betwixt the fleets, nor the danger of the fire-ships, nor yet assist the Spaniards, unless we stood to the northward to get the weather-gage of them, which we did; at which time the Holland admiral sent a captain aboard with a letter [see p. 28, No. 80], which being in Dutch we understood not, but the captain in the name of his admiral made a protestation that they had not broken the peace, but the Spaniards who began with them. The fog was so thick that the ships could not see one another, so that in an hour's time we heard few or no shots, neither were there very many shots in all. The weather clearing up a little, we could see that we had got the weather-gage of them. We stood in again with the Hollanders, and shot many guns from all our ships, shooting many of them through, but they did not return one shot at us. We continued chasing and shooting at them till they were all beyond the South Foreland, neither did they put out their flags till they were all out of the Downs and a good way off, and then seeing some Hollanders to the northward and eastward, we tacked and stood into the Downs again to prevent them from fetching [off] those Spanish ships which were run on shore, being to the number of 24, of which one was the vice-admiral, who did all willingly run on shore, save some which were forced to avoid the fire-ships which burnt out by them. In regard that the Spanish fleet was so much disabled by the loss of half their ships at the first onset and the rest flying, we did not think fit to pursue them any further, neither do we conceive that if his Majesty had at this time a force equal to the Hollanders it had been possible to prevent this action, seeing we were not to begin with them, whereby they might take their own time and best opportunity of wind and tide most for their advantage. This is a true relation, which all we captains and masters of his Majesty's fleet are ready to testify upon our oaths. As we were signing this, we made stay of two Hollanders who had run ashore in the fog between the two castles, which made many shots at them, but which the Hollanders never returned. But considering that it is probable that the Holland fleet will speedily come in again, and that we shall not be able to keep these by force if they require them, which we conceive will be a greater affront to his Majesty than what is passed, if they should take them from us, we have therefore thought it convenient at this time to dismiss them. [Copy by Sec. Windebank. The original appears by the Earl of Northumberland's letter of the 16th inst. [see p. 41, No. 30] to have been sent by Sir John to the Earl. 2 pp.]
Oct. 11. 75 and 76. Two other copies of the same. [1½ p. andpp.]
Oct. 11.
The Unicorn, in the Downs.
77. Sir John Pennington to [Algernon Earl of Northumberland]. By your letter of the 8th inst. you have more clearly satisfied us all what we are to do and not to do, which if you had done before we had not given you the last trouble, though it be the very same we had concluded upon amongst ourselves before the receipt of yours, and resolved to make good to the last man. And whereas it seems my honest and plain meaning was mistaken by some, though truly construed by you, for which I thank you, for my intent, as I then wrote, was only to gain time and divert the [Hollanders] from what I was credibly informed they had concluded presently to put in execution, and to assure them that within three days there should be a certain time prefixed when they should depart or else liberty for them to take their course. If it were not so fully expressed as I intended, I beseech you to impute it to my weakness or the continual trouble I am in by a multitude of company and other business. I have sent the message you commanded me to the Holland admiral, but he has returned me no assurance that he will forbear putting his design in execution. I have also sent to the Spanish admiral, who now returns me a better answer than ever he did before, for whereas he ever formerly sent me word he was in the King's road, and therefore expected I should protect him, his answer now is that he will stick close to it if I will assist him, which we are resolved to do to the uttermost of our powers. And I conceive the Holland admiral may have received some message from their ambassador, whose son was aboard of him yesterday, for they had given [battle] on the day before, but that it fell flat calm and a great fog, but intended to do it the first opportunity, which they omitted yesterday. The 500 barrels of powder are come aboard the Spanish admiral, and he has had likewise 30 sloops more come to him from Dunkirk with men and provisions, and one taken in returning wherein were 60 Spanish soldiers. The Second Whelp is not yet come to us, at which I much marvel, in regard of the continual fair weather which we have, whereby they may stop and tide it from any place. [Copy in Sec. Windebank's handwriting. 1¾ p.]
Oct. 11. 78. Another copy of the same. [1¾ p.]
Oct. 11. 79. Portion of the wrapper of a letter addressed to Sir John Pennington on board the Unicorn in the Downs from Algernon Earl of Northumberland, and dated "Sion, 11th Oct. 1639; Friday, about five in the morning," and which by the last post-mark appears to have reached "Canterbury past six o'clock at night" on the 12th. [½ p.]
Oct. 11/21.
The Amelia, in the Downs.
80. Martin Harpenson Tromp, Admiral of the Holland Fleet, to Sir John Pennington. It has pleased you oftentimes to tell us by your captains, that we should have a care not to use any hostility to our enemies, for that they had order to fall upon those that should shoot first while in this road. On the 29th Sept/9th Oct. one of the Spanish ships, the sun being more than half an hour high, shot against me and my vice-admiral and other captains and officers through the foresail of our pinnace, wherein we were sailing by the Spanish fleet, trusting ourselves upon the freedom of his Majesty's road, which shot the Spaniard did not deny before you, but excused himself that it was done by night, fearing that the pinnace was a fire-ship, which you may very well know was an unjust excuse, it being our pinnace which when passing by your ship gave three pieces of ordnance. Mr. White told us that you in person gave command that our pinnace should be answered with one piece of ordnance, and at that time our officers, having been a reasonable time aboard our pinnace, came aboard our ships. You yourself can testify at what time the pinnace saluted you with three pieces, and the shot was fired against us above an hour before that salutation, whereby it appears that the Spaniards have violated his Majesty's road; besides a true report has been brought to you. What passed on the 4/14th inst. you know, when we saluting the Palsgrave, one of the Spaniards shot one of our men in Capt. Balke's ship dead with a musket, whereby the road was twice by them infringed; therefore we beseech you to assist us to fight [and] beat the Spaniards according to his Majesty's order. If you will not follow his order by helping us, which we trust you will, [we expect] at least that you will let us go on against our enemy and fight with him, otherwise you will give us occasion to complain to all kings and potentates of the injury done to us by you upon this our reasonable request. Hereupon certifying unto you upon our promise that we, for the reasons aforesaid and by order from our masters, are resolved here to fall upon our enemies and to defend ourselves against those that shall resist us, and had rather die as soldiers with his Majesty's leave in clearing his Majesty's road than that we should not fulfil our masters' order. Hoping that it will be acceptable to his Majesty, and if his Majesty should take any distaste we hope he will graciously forgive us. [Copy by Sec. Windebank. Endorsed, "Translated out of the Dutch." 1¾ p.]
Oct. 11/21. 81. Another copy of the same. [1¾ p.]