|
| Nov. 1. |
Warrant to John Earl of Thanet for preservation of his Majesty's
game of hares and partridges at Hooe-court, Sussex, and within
seven miles compass thereof. [Docquet.] |
| Nov. 1. |
Petition of Richard Powell, one of the captains of the trained
band, co. Middlesex, to the King. Divers suits are like to arise
between petitioner and his brother, Sir Edward Powell, touching
the will and estate of their deceased father, which, besides being
very unnatural, may, in respect of the charge, tend to the utter ruin
of petitioner and his family, his brother Sir Edward having possession of the whole estate, both real and personal. Prays reference, for
ending the differences betwixt them, to the Archbishop of Canterbury, Lord Keeper, Lord Treasurer, Lord Chamberlain, and Sec.
Windebank. Underwritten, |
|
i. Reference as desired. If the referees cannot determine the
differences, they are then to certify his Majesty where the
impediment lies, that such further order may be taken
therein as his Majesty shall find fit. Whitehall, 1 Nov. 1639.
[Copy. See Book of Petitions, Vol. cccciii., p. 101. 2/3 p.] |
| Nov. 1. |
Petition of William Murray, one of the Grooms of the Bedchamber,
to the same. In all ages the depositions of witnesses upon the merits
of causes and collateral matters, and the examinations for proofs of
contempts for breach of decrees and orders, &c. have been found the
clearest way for judges to proceed to an upright sentence, so the
altering, obscuring, and negligent keeping of such depositions and
examinations have produced great prejudice to many causes and
persons, being intrusted to several hands unsworn. For the purposes aforesaid there have been several offices erected and intrusted
to men of ability and integrity in all your Majesty's courts, except
the Exchequer. After the like office was erected in the Court of
Chancery many inconveniences, nevertheless, arose for want of
registering and keeping affidavits, until King James erected an office
for that purpose. All causes depending in the Exchequer are determined by the testimony of witnesses, and many affidavits taken, yet
there is no office for the examination of witnesses or contempts, and
keeping the original depositions and examinations, and making
copies of the same, nor for the registering of affidavits, as is used in
the Chancery and other courts. Prays a grant for three lives for
recting an office in the Exchequer for the above specified purposes,
with such fees and allowances as are now taken in Chancery for
business of the like nature. Underwritten, |
|
I. Reference to the Lord Keeper, Lord Treasurer, and Lord Privy
Seal, who are to certify his Majesty their opinions, whereupon his Majesty will signify his further pleasure.
Whitehall, 1 Nov. 1639. [Copy. See Book of Petitions,
Vol. cccciii., p. 102. 1½ p.] |
| Nov. 1. |
1. Petition of Samuel Cordwell, his Majesty's gunpowder-maker,
to the King. Has served his Majesty with gunpowder full three
years ending in October 1639, in which time he has delivered 680
lasts of gunpowder, as may appear by the testimony of the Commissioners of Saltpetre and Gunpowder, and in which three years
service his Majesty has already saved 3,400l. by having powder
one halfpenny in the pound cheaper than formerly. And for that
the Lord Treasurer has duly paid petitioner, he is willing to go on
with this service, if it shall please his Majesty to suffer him so to do,
to the end of his contract, whereof there are yet ten years to come
from the 1st November 1639, by which his Majesty will have saved
12,000l. more, as compared with the price he formerly gave,
if petitioner be furnished with saltpetre in due time, and what
other advantage his Majesty has already made by the sale of powder
will appear by the annexed paper. Prays that it be referred to the
Lord Treasurer and whom else his Majesty shall think fit, to hear
what more petitioner has to say concerning this work, so that they
may report to his Majesty their opinions of the reasonableness of
his requests. [1 p.] |
| Nov. 1. |
2. Samuel Cordwell's statement above referred to. There has
been delivered at the Tower in three years, ending in October last,
680 lasts of gunpowder, which at 7½d. the lb. comes to 51,000l. His
Majesty's charge for foreign saltpetre "since I undertook to make
his Majesty's gunpowder" comes to 2,500l. Total 53,500l.; which
sum and more has been made by the sale of 300 lasts at 1s. 6d. the
lb., so that his Majesty has had 380 lasts for nothing. [½ p.] |
Nov. 1.
Bilbao. |
3. Prestwick Eaton to some persons unnamed. Gent[lemen],
I make no question but you have heard from Charles Valic of his
pretended voyage in the George, from whom I had letters from
Corunna of 23rd October, who being frustrated of his former voyage
for Dunkirk, coming too late for the soldiers, is resolved to go from
thence to Rochelle to seek another freight one way or other, and
not to linger there to pretend satisfaction or refaction from Benjamin Wright, who freighted him, but who, it seems, will not
make any allowance. I shall importune Benjamin Wright, and
do what I can by fair means with him, otherwise nothing will
be got, for being a business in this King's service he will be over
favoured by the justice. [2 pp.] |
| Nov. 1. |
4. Account by Richard Poole, Receiver of Saltpetre, of saltpetre
brought into his Majesty's stores and delivered to Samuel Cordewell,
his Majesty's gunpowder maker, from the 1st Nov. 1638 to this
day, total 237 lasts 3 cwt. 0 qrs. 9 lbs. [1 p.] |
| Nov. 2. |
Petition of Mary Bishop, wife of John Bishop, to the King.
Petitioner's husband, being your Majesty's servant and attending
your person, was persuaded to leave that happy condition by the
late Sir John Cooper, who, desiring to have his neighbourhood in
the country, sold him the lease of a house and farm, but Sir John
dying the guardians of his heir, Sir Anthony Ashley Cooper, your
Majesty's ward, out of malice to petitioner's husband, impleaded
him in the Court of Wards, and in vacation time, by some misinformation, Edward Tooker, the ward's now guardian, obtained a
decree for turning her and her husband out of possession, to their
utter undoing unless your Majesty interpose your sacred prerogative
of justice and mercy. The house and land having been bought
with the money of her portion, petitioner prays your Majesty to
command a review of the cause and commit the rehearing of it to
the Lord Cottington, and that till then the execution of the decree
may be suspended. Underwritten, |
|
I. Reference to Lord Cottington as desired, who is to cause a
review to be taken of this business if he find it fit.
Whitehall, 2 Nov. 1639. [Copy. See Book of Petitions,
vol. cccciii., p. 104. 1⅓ p.] |
| Nov. 2. |
5. Petition of John Phipp, clerk, rector of Teffont Evias, Wilts,
to Archbishop Laud. In his cause depending in the Court of
Arches informations have been given by both parties. The adverse
party have not pleaded any title, as his Grace formerly directed they
should, but allege only a defect in the transmission of the process,
which was procured by the adverse party, themselves being appellant, namely, that there was no hearing of their cause before the
Bishop of Salisbury, which is well known to his Grace to be otherwise, the Bishop having given notice, by Dr. Henchman, both of the
hearing and success thereof. Prays that the Archbishop would
signify to Sir John Lambe his particular knowledge of the hearing
of the cause before the Bishop of Salisbury, that so that omission
in the process may not prejudice his rightful title, and that he may
be assisted by his Grace's further favour against his oppressing
adversaries, who have no title at all to his living nor have pleaded
any; also that the sequestration according to his Grace's former
directions, (not yet performed,) may be dissolved, if they shall
further delay sentence. Underwritten, |
|
5. i. The Bishop of Salisbury has a good while since certified me
of this hearing, and therefore I desire Sir John Lambe
to see that this be no retardment to the petitioner, but
that he may have from him all possible expedition with
justice. November 2nd, 1639. W. Cant. [1 p.] |
Nov. 2.
Rich[mond]. |
6. Bishop Duppa of Chichester to Archbishop Laud. It is not
the least of your favours that you are pleased to acquaint me,
though it be but in the general, with some flying reports, which
being once got upon wing are not easily brought down again
without the mischief done for which they were raised. But as I
have been merely passive in this difference, which has been unhappily and unavoidably forced upon me, for neither the cause nor
the occasion did any way proceed from me, so I am passive still,
for I give neither birth nor nourishment to any of these reports.
For the business which I am about being his Majesty's, and he
having set me my bounds, I make no further dispute how wide or
how narrow they are, but with all submission of mind prepare
myself to the service that lies within my circle. And as for my
deportment towards my Lord of Newcastle, though this cloud has
been untowardly raised between us, I am yet so ready to run with
him in all the ways that conduce to the Prince's good that no
particular friendship with others nor no private interest of mine
own can possibly divert me from it. Whatever therefore you may
hear of our storms abroad, I beseech you to believe there is fair
weather here, and that the Prince's education weighs more with me
than all that concerns me else. I should have saved you the
trouble of reading this letter, if the report of the King's coming
hither to-day had not stayed me from waiting on you. Be but
pleased to keep me in your good opinion, and nothing can discourage me. [Endorsed by Laud: "In answer of my letters concerning himself and the Earl of Newcastle." 1 p.] |
| Nov. 2. |
7. Account of Sir William Russell and Henry Vane of shipmoney received by virtue of the writs for 1638, total 45,229l. 1s. 6d.,
leaving 24,520l. 18s. 6d. yet unpaid. [1 p.] |
| Nov. 2. |
8. Account of ship-money for 1638 levied and in the hands of the
sheriffs, viz., 2,341l., making the total levied and paid 47,570l.
No arrears of the ship-money for 1635, 1636, or 1637 were this
week paid. The arrears stood as follows: 1635=4,536l.; 1636
=7,181l.; 1637=19,901l.; 1638=22,520l. [1 p.] |
| Nov. 3. |
9. John Crane to [the Council]. For the present year there is
due to me, upon the extraordinary for victualing his Majesty's
ships, 10,500l. or thereabouts, whereof I have had order from the
Board for 8,000l. to the Treasurers of the Navy, but by reason, as
they say, that the country moneys come not in, they can make no
payment. I therefore beseech you to consider how I may timely
receive satisfaction, it now being the season to provide for next
year. If payment be made me within one month I will most
willingly disburse the greater part thereof for his Majesty's service
for the year to come, otherwise I shall not be able to perform what
may be required from me. [1 p.] |
| Nov. 4. |
Presentation of John Watson, clerk, to the vicarage of Wroxhamcum-Salhouse, in the diocese of Norwich, void by the death of the
last incumbent, and in his Majesty's gift, pro hac vice, by reason of
the minority of Sir Thomas Corbett, or for want of sueing forth his
livery. [Docquet.] |
| Nov. 4. |
Presentation of William Wishart, clerk, to the rectory of Withiel,
in the diocese of Exeter, void by the cession of the last incumbent,
and in his Majesty's gift by reason of the minority of — Glanvill.
[Docquet.] |
| Nov. 4. |
Presentation of Richard Edwards, clerk, to the vicarage of
Bucknell, alias Buckenhill, in the diocese of Hereford, void by the
death of the last incumbent, and in his Majesty's gift, pro hac vice,
by reason of the wardship of Bryan Crowther. [Docquet.] |
| Nov. 4. |
Petition of Lawrence Squibb, James Proger, and Robert Squibb,
your Majesty's officers for cards and dice, to the King. Your
Majesty, by contract with petitioners, ordained two sorts of cards
and dice to be made and vended within the kingdom, the best to
pay 3s. and the others 2s. upon every dozen. Petitioners conceive it
to be prejudicial to the sale of cards and dice that only two sorts
should be allowed, whereas formerly they were wont to be of divers
prices and at low rates. Pray your Majesty to give leave that a
coarser sort of cards and dice may be made for the use of the meaner
sort of people, which may answer 12d. upon every dozen, as in the
proposition annexed is set down, which petitioners conceive may
add to this revenue 400l. or 500l. per annum, and that a Privy Seal
may be issued for the same accordingly. Underwritten, |
|
I. Reference to the Lord Treasurer and Lord Cottington, who
are to give order for a Privy Seal authorising petitioners to make such a sort of cards as they propose, if
their Lordships shall think fit. Whitehall, 4 November
1639. [Copy. See Book of Petitions, Vol. cccciii., p. 106.
¾ p.] |
| Nov. 4. |
Petition of James Aikman, of Edinburgh, merchant, to the same.
Petitioner about November 1631 obtained a decree, according to the
custom of Scotland, against John Symontoune, junior, for payment of
36,800 marks Scotch money, with interest since he first meddled with
the lands mentioned in the said decree. Mr. Symontoune cunningly,
to avoid the execution of the laws of Scotland and to defeat petitioner, has removed himself and his family into Ireland, where he
now remains. Prays letters to the Lord Deputy of Ireland that he
may have justice against Symontoune, according to the ordinary
course of the laws there. Underwritten, |
|
I. Reference to the Lord Deputy of Ireland, who is to take such
order for relief of petitioner as he shall find fit. [Copy.
Ibid., p. 107. 1 p.] |
| Nov. 4. |
Petition of Jane Murray, widow, to the King. The commissioners for the Prince's revenue have lately made an improvement
of 300 or 400 acres of common or waste grounds within the manor
of Berkhampstead, co. Herts, parcel of the duchy of Cornwall, which
is now to be enclosed and let to tenants for your Majesty's profit.
The same lies very convenient and near to other lands held by
petitioner of your Majesty. Prays grant of a lease of the said
improvement for term of 31 years, under such rent and conditions
as the commissioners shall think fit and reasonable. Underwritten, |
|
I. His Majesty is pleased that petitioner shall be his tenant of all
the said new improved grounds at Berkhampstead, of
which the commissioners are to grant her a lease for such
term and at such rent as they shall think fit. Whitehall,
4 November 1639. [Copy. Ibid., p. 108. 1 p.] |
| Nov. 4. |
Petition of John Pollard to the King. That over the navigable
rivers Taw and Torridge in co. Devon, at their confluence between
the adjoining villages of Appledore and Yearsey, in the parish of
Northam on the one side and Braunton and Instow on the other,
there is neither bridge nor ferry-boat to carry the passengers and
their cattle, so that people are enforced to hire ship boats or the
like, to their great danger, and at unreasonable rates. Petitioner
will maintain two or more sufficient ferry-boats and ferrymen
always in attendance from sunrise to sunset throughout the year,
provided he may charge for every passenger 1d., for every horse or
beast 2d., and for every score of sheep or swine 4d. Prays that
order may be given to the Attorney-General to draw up a lease of
the said ferries to petitioner for 41 years, at the rent of 40s. per
annum to your Majesty, all others being prohibited to ferry over
there for gain. Underwritten, |
|
I. His Majesty is pleased that the Attorney-General shall give
order for an "Ad quod damnum," and if thereupon it
be found no damage, then he is to prepare a bill for
erecting of the said ferry, with the aforesaid fees, to be
granted to petitioner for the term and at the rent prayed.
Whitehall, 4 November 1639. [Copy. Ibid., p. 109.
1½.] |
Nov. 4.
Bristol. |
10. Bishop Skinner of Bristol to Archbishop Laud. I may well
crave pardon for these large letters, as I do devoutly, but at
this time I cannot help it. I have received information from
Mr. Knight, and likewise from one Blunt, an attorney, that the
Bishop of Hereford either has petitioned already or is about petitioning his Majesty against me. I cannot but marvel at it, being
nothing conscious to myself of giving any just occasion. I shall,
with your favour, herein, accuse myself all I can and to the utmost
of my knowledge. There was a difference depending betwixt the
Bishop of Hereford and myself about quarter rents, hay, and some
other mean commodities, and indeed till I was satisfied from you I
had thought those rents and the crop of hay had been mine of right,
because his lordship had the like at Hereford, but after your
interpreting the King's instructions I presently gave order to
Stephen Knight to pay the rents and satisfy for the hay and to
make an end of the whole business. The rents were given and
taken, and more than due for quietness sake, but because the hay
was eaten they put a triple valuation upon it, namely 16l. for five
loads of coarse hay. Howsoever, Knight being urged to a speedy
despatch by my letters, offered them 10l. for the hay only. The
short is, nothing would serve, but to law we must, though I referred
myself wholly to the Dean of Bristol, then living, or to my Lord's
own chancellor, or any indifferent man, to which end I wrote
divers letters to his lordship and sent two messengers on purpose.
But a legal sentence he would have, for otherwise, as was pretended,
he should find no indifference against me. After sundry harsh
courses by writs, &c., when letters or the least intimation would
have served, the cause in September last came for trial at Bristol,
there to be determined, forsooth, in the sheriff's court. But before
the day of hearing they had spread it over all the city that the
Bishop of Hereford was compelled to this course by my usurping
and detaining his goods against law and conscience and refusing to
give satisfaction. Now I appeal to you and all good men whether
it concerned me not very nearly (the place where and my place
considered) to redeem myself from this unjust and general aspersion?
Hereupon, when the cause was just upon hearing, I presented myself,
and asking so much favour of the judge, showed briefly, plainly, and
truly how I had carried myself towards the Bishop of Hereford
since my first nomination to this place to that present day respectively to the cause depending, and though upon such provocation,
subject to passion, I did it without the least unbefitting phrase, as
I am confident, my Lord's servants set aside, the whole court, will
testify for me. So without any way forestalling the jury or hearing
any altercations or depositions in the cause, though entreated thereunto by the judge, I departed from the court. Anon witnesses being
deposed and the case opened, a verdict was brought in which little
made for my Lord's honour, and assures my readiness to peace, truth,
and justice, the Bishop of Hereford being awarded 11l. only and some
odd shillings for the hay, wood, and household goods, whereas
Mr. Knight had offered, for peace sake, 10l. for the hay only, the
other goods being estimated at 5l. or 6l. And now I solemnly
protest to you I have accused myself to the utmost of my knowledge,
and beseech you to relieve me so far as may stand with evident and
necessary truth and no further. The truth is, your determining the
dilapidations betwixt us. whereat my Lord of Hereford usually makes
his wondering, and somewhat else about his son, sometime precentor
at Hereford, and my rejecting his apparitor, with the conduct of his
wise servants, have precipitated my Lord in these courses. [2¾ pp.] |
Nov. 4.
Corpus Christi College. |
11. Thomas Greaves to Archbishop Laud. At the first institution
of the Arabic Lecture you thought fit to prescribe these orders,
which have been duly observed, that it should be read in times of
vacation and in Lent once every week, upon Wednesday, between
the hours of 9 and 10. Moreover, that upon every Monday and
Friday, in the afternoon, the reader should be in readiness for one
hour's space, privately to direct in the language all students who
would repair to him. When your pleasure was certified to the
Convocation certain delegates were nominated to consider what
further orders might be requisite, but they have as yet added
nothing more. Neither are any bound to be auditors, which freedom
makes the company the less, yet I can truly affirm that there is now
a greater frequency than heretofore, and most of those [who attend]
are masters of arts. Divers have come to me for private directions,
of whose proficiency I can give good testimony, one, a servitor,
long since presented unto me an epistle in Arabic of his own
composing. If it please you it may be moved unto the Heads of
Houses at their meeting to speak unto such as they conceive most
capable to apply themselves to these studies, unto whom I shall,
with all willingness and alacrity, give my best assistance and
directions. I beseech you to accept of this information for the
present, and with all speed I shall signify to you what statutes I
conceive most fitting for the future government of the lecture, when
you shall perpetuate and confirm it. And here as the whole
university, so I in peculiar manner am obliged to bless God,
who has excited your noble and pious mind to promote these
studies, which are useful in all kinds of learning, and may especially
conduce to the advancing of Christianity and discovering of the
vanity and impostures of that religion, which in this language has
been so largely propagated. [Seal with device. 1 p.] |
Nov. 4.
Suffolk House. |
12. Theophilus Earl of Suffolk to Sec. [Windebank]. I intended
to have waited upon the King had I not been prevented by a
rude seizure of the gout, in which respect I have been forced to
send in my room this petition. I entreat you to do me the favour
to present it by your hand before his Majesty goes to his dinner
to-morrow. [1 p.] Annexed, |
|
12. I. Petition of Theophilus Earl of Suffolk to the King. Sir
Richard Grenville, upon petitioner's information, was
sentenced in the Star Chamber to imprisonment in the
Fleet during pleasure and until he should perform the
sentence of that court, which he did not but escaped and
fled out of this kingdom. Upon which contempt he stands,
as petitioner is informed, in the case of an outlaw.
Nevertheless, Sir Richard has petitioned his Majesty,
wherein, amongst other things, as petitioner is likewise
informed, he pretends a right to a jointure due to Lady
Howard, sometime Sir Richard's wife, but since divorced
from him by sentence of the Court of Arches upon apparent
proof of a bastard begotten by him, by which divorce the
lady's jointure was in her absolute disposal at her pleasure,
according to law. Sir Richard has upon his said petition
obtained a reference to certain Lords and others of the
Council. Prays his Majesty to withdraw his reference
and leave Sir Richard to his ordinary proceeding in justice
according to law. [½ p.] |
| Nov. 4. |
13. Abstract or brief of the prohibition brought from the King's
Bench to the Commissioners Ecclesiastical in the cause of Baker
versus Henry Hunt, William Crowder, and others, late churchwardens of St. Martin's Outwich, touching the enforcement of a
contract entered into by Baker for the repair of the pulpit, pews,
reading desk, communion table, and other joiners' work in the
said church, to be executed by him for 134l., to be paid by the
parishioners. [3¼ pp.] |
| Nov. 5. |
Grant of the office of Yeoman of the Revels to Joseph Taylor in
the place of William Hunt, deceased, with a fee of 6d. per diem from
the death of the said Hunt. [Docquet.] |
| Nov. 5. |
Warrant to pay 120l. to Hubert le Sueur for a bust in brass
representing King James, and 40l. for his charges in carrying to
Winchester two figures, one representing King James and the other
his Majesty. [Docquet.] |
| Nov. 5. |
Warrant to the Master of the Great Wardrobe for the payment of
such liveries to Samuel Pinder, clerk of his Majesty's robes, as John
George, late clerk, held and enjoyed. [Docquet.] |
| Nov. 5. |
14. Petition of John Creswell, gent., and Thomas Ricketts and
Thomas Blackwell, late churchwardens of Farthingoe, [co. Northampton,] to Archbishop Laud. There are two causes depending in
the High Commission Court, the one promoted by Sir Rowland
Egerton against the petitioners, and the other on behalf of the
petitioners against Sir Rowland and James Dodd, about a disturbance in that church. Whereas in the former cause by
monition of this Court petitioners are warned to appear ad
audiendum judicium against Thursday come sen'night, and not
before, as by the monition annexed may appear, which they prepared to have done, yet Sir Rowland, to prevent their appearance,
in their absence has procured you to appoint the former cause to be
heard next Thursday. Forasmuch as both causes concern one and
the same disturbance, and the proofs were so intermixed as they
cannot well be divided, petitioners desire his Grace so far to favour
the churchwardens, who are only troubled for executing their office,
as upon the same proofs and Sir Rowland's and Dodd's answers to
assign both causes to be heard together upon Thursday come
sen'night, according to the said monition, they upon so short
warning being not ready for hearing against the next Thursday.
Underwritten, |
|
14. I. "There was one Vaux, as I remember, petitioned the Court
very earnestly the last day. If his cause be ready, I
desire Sir John Lambe to bring it on instead of this,
or at least some other, for the day must not be lost.
W. Cant." Nov. 5, 1639. [1 p.] Annexed, |
|
14. II. The monition above alluded to, dated Lambeth, June 27th,
1639. Executed the 14th October 1639. [1 p.] |
| Nov. 5. |
15. Examinations taken by Sir William Monson and William
Lynche of sundry mariners of Deal relative to insolencies committed by the Hollanders. [1 p.] |
| Nov. 5. |
16. Lord Treasurer Juxon to the King. The business of the overweight of the fother of lead here, which is now presented to you as
a pretermitted duty, has been long known, having been presented
to Lord Salisbury and succeeding treasurers of the Exchequer, who
conceived fit to pass by the same, in order to encourage the merchant to pay his impost which from time to time was raised upon
him. In the King's last book of rates the impost was raised from
20s. to 40s. the fother, so that the overweight was thought fit to be
continued. But lest it should seem a pretermitted duty, as it now
is represented to you, I heretofore, and not long before the petition,
acquainted you with the state of it, with my opinion of how ill
consequence it is to grant any custom duties to any private men.
[½ p.] |
| Nov. 6. |
17. Petition of John Holt, executor of the will of Henry Holt,
deceased, late deputy-victualer of the Navy at Portsmouth, and
Mark Quested, fishmonger of London, to the Council. There was
due to petitioners for the victualing of the Navy 7,000l. and
upwards, for satisfying whereof, amongst other things, his Majesty
granted to Sir Allen Apsley the forest of Galtres and other
lands worth 40,000l., but petitioners being never satisfied any part
of their debts, the late Lord Treasurer, the Earl of Portland, finding
a great surplus of monies to arise by the sale of the forest of Galtres,
commanded petitioners for their relief to commence a suit in the
Exchequer, whereupon they obtained a decree in the seventh year
of his Majesty's reign, which cost them above 300l., by which decree
it appeared the patentees were satisfied 19,509l. 5s., their debt
being but 15,000l., notwithstanding petitioners never received one
penny, by reason of the unconscionable accounts of the patentees
having been satisfied all their demands with interest by sale of the
said forest, in which there is a new park containing about 1,200
acres, out of which petitioners should have received satisfaction.
But by order of the Board the patentees were commanded to
surrender the said park into the hands of his Majesty, which they
have accordingly done, whereby petitioners are without any hope
of relief herein, notwithstanding the order of Council of the
15th Dec. 1630, that petitioners should have been first satisfied
before any of Sir Allen's creditors, and although they were the first
finders out of this great estate being concealed. Pray order that
they may be now satisfied their debt of 7,000l. by his Majesty
passing a grant of the said park to petitioners, or else a valuable
consideration for the same, or by any other way the Lords shall
think fit. Underwritten, |
|
17. i. The Lords think that the creditors of Sir Allen Apsley
should see this petition, and that the parties on both sides
should attend the Board at the Inner Star Chamber on
the 13th inst., at which time the Lords will take such
further order in this business as shall be fit. [1 p.] |
Nov. 6.
Southampton. |
18. Henry Bracebridge, Mayor of Southampton, to Sec. Windebank. In accordance with your instructions of the 4th inst., I
delivered Capt. Giron and his companion into the custody of this
messenger, the bearer of your letter, and caused them to be searched,
but nothing, except the enclosed paper, was found about them.
[Seal of the corporation. ½ p.] Enclosed, |
|
18. i. Account of money expended for Mons. Giron in 1638 and
Feb. 1638-9. [3 pp.] |
| Nov. 7. |
Petition of Tamar Caldwall (widow of Thomas Caldwall, your
ancient servant,) and her daughter, Dorothy Fitch, to the King.
Your Majesty, upon petitioner's husband's suit in November 1633
for a lease of the manor of Little Weldon, co. Northampton, and the
arrearages thereof, being parcel of the possessions of the duchy of
Cornwall, but of long time wrongfully detained from your Majesty
without payment of rent, was pleased to grant the same in lieu of
his great charges in discovery of it and his good and faithful
service, but he died before receiving any benefit. Pray a grant of
the arrearages due of the said manor, and a lease of the same for 31
years under the ancient rent of 14l. 10s. per annum, and to give
order to the commissioners of your revenues when Prince to draw
up a lease of the same. Underwritten, |
|
I. Reference to the Commissioners, who are to consider thereof
and certify his Majesty how far this business has been
proceeded in by the petitioner and her late husband, and
whether the manor be now fully recovered to his Majesty,
whereupon he will signify his further pleasure. Whitehall, 7 November 1639. [Copy. See Book of Petitions,
vol. cccciii., p. 111. 1 p.] |
Nov. 7.
Warder Castle. |
19. Cecil Lord Baltimore to Sec. Windebank. I understand some
malicious persons have invented and divulged many most notorious
and pernicious lies against me concerning my actions here, and have
endeavoured to imprint a belief of them in the King and Queen and
persons of quality at Court, and by that means to poison, if they
can, the good opinion which some of my friends there had of me.
I thought fit, therefore, to beseech you to suspend your judgment
when you meet with any such aspersions laid upon me till I be
heard, and that the truth of those things may appear. For upon
my faith, I am guilty of nothing concerning my Lord Arundel and
his estate but what I can very clearly justify in law, honour, and
conscience. That is to say, I have done no unlawful, dishonourable,
or unconscionable thing either towards the one or in the other.
If that which my Lord has given me was not in his power to give,
I cannot keep it, for the law will give every man that which is
legally due unto him, and in that point, if there be any question,
which I am confident for my part there is not, then the law will
decide it. In the meantime my suit to you is that by your
favour the King may receive no ill impressions of me concerning
these things till I be called to justify myself, or that a little more
time make the truth appear, and that no act may proceed from his
Majesty or the Council to disturb my right in anything which my
Lord has given me till the law evict me out of it. This, I conceive,
is very reasonable and just, and yet herein you shall very much
oblige me. [1 p.] |
Nov. 7.
Bishop Auckland. |
20. Bishop Morton of Durham to Sec. Windebank. In obedience
to his Majesty's command, signified in your letter of the 18th Nov.
[Oct.] last, concerning John Jemmat, lecturer of Berwick, to give
a speedy account of my dutiful performance thereof. So it is that
I, being confident in myself that if any report of seditious doctrine
preached at Berwick should have been true, I should have understood as much, either by my chancellor or by the vicar of Berwick
who is continually resident there. Wherefore upon the first receipt
of your letters I immediately despatched the messenger for him and
examined him circumstantially, both touching the words of his
sermons and of his conference with any others, as also of other his
demeanours upon that occasion, to all which he gave me his
particular answer, signed with his hand, which I thought to have
sent up, if I had been so commanded to do. But accordingly, as I
am enjoined, I have silenced him from preaching, have taken his
license from him, and in his Majesty's name commanded him to
depart from that place. I afterwards further examined him, whether
he were conformable to his Majesty's late directions concerning
lectures. He answered affirmatively to every particular, so far as it
concerned himself, nor have I any information against him touching
any matter cognizable in the Court of Commission for Causes
Ecclesiastical. Whereupon Jemmat did in all humility submit
himself to his Majesty's pleasure in that behalf signified unto him.
[1 p.] |
| Nov. 7. |
21. Petition of Robert Newman of Dorking, Surrey, to Archbishop Laud. John Nelson, rector of Mickleham, about June 1638
being tipsy fell off his horse, but having been helped up intruded
himself into petitioner's house, when he feigned sickness, and was
suffered to lie down upon a bed. Nelson then violently laid hands
upon petitioner's wife, he being from home, and attempted a
criminal offence, but some company coming to petitioner's house
she escaped from him. Through the said violent abuses petitioner's
wife miscarried within two days after, and Nelson now thinking to
excuse his wicked act and to daunt petitioner, has unjustly caused
him to be cited into the Court at St. Saviour's to his great charge
and hinderance, thereby seeking the utter ruinating of petitioner,
his wife, and children, he being a poor simple man and ignorant of
the law. Prays his Grace to take into consideration these heinous
abuses committed against petitioner, which he will make truly
appear upon oath, and to give order herein as to truth and equity
shall appertain. Underwritten, |
|
21. i. Reference to Sir John Lambe to give such further directions in the business as he shall find fitting. W. Cant.
Nov. 7, 1639. [1 p.] |
| Nov. 7. |
22. Francis Lord Cottington to his Majesty's Remembrancer of
the Exchequer or his deputy. Upon receipt hereof, make and send
me fair written on parchment under your hand a particular of the
lands and tenements of George Duke, the elder, as the same are
found by an inquisition taken at Stowmarket, Suffolk, upon an
extent and returned into your office. [¾ p.] |
| Nov. 7. |
23. Sentence in the High Commission Court this day, in the
cause of Emanuel Bradley, of Huntingdon, gent. Bradley, being
alderman of Huntingdon and church-warden of St. Bennet's there,
did on or about Easter 1636 or 1637, immediately after the administration of the Holy Communion, and whilst the minister was
present in his surplice and the communicants were offering their
charity, take up the communion cup from the table and filling
the same with the consecrated wine drank unto one Thomas Adler,
who had then newly received the Holy Sacrament, and touching
him on the arm said, "Tom Adler, here's a health to my Lord of
Carnarvon." Had the premises been fully proved the Court declared that they would have proceeded to a sharp censure against
defendant, but it not clearly appearing to the Court whether the
wine of which Bradley drank were consecrated or not, they thought
fit only to enjoin Bradley for his behaviour, which savoured of
profaneness, submission at the time and place before mentioned
to be made before the minister and the churchwardens and three or
four of the best of the inhabitants of the parish of St. Bennet's
aforesaid in the vestry there, at such time as he shall be appointed,
by a schedule to be here drawn in writing conceptis verbis. Bradley
was further fined in 40l. to his Majesty's use, and was lastly
condemned in costs of suit which are to be taxed the next Court
day. [2⅓ pp.] |
| Nov. 7. |
24. Order of the High Commission Court in the cause of Richard
Tid and Richard Goodman. The counsel for the office informed the
Court that there was a mistake in a name in one of the articles, viz.,
the Lord Bishop of Ely for the Lord Bishop of London, which mistake
they desired might be mended in the articles, and the defendants
be ordered to answer the articles so amended; but the counsel for
the defendants opposed that motion, and alleged that in case the
promoter of this cause was permitted to amend this article they
ought to have expenses pro emendatione libelli, which they desire
might be allotted them. The Court referred the consideration of
this motion to the Commissioners at Informations, to do thereupon
as they shall conceive just. [1 p.] |
Nov. 7.
Leicester Abbey. |
25. William Earl of Devonshire, [Lord Lieutenant of co. Derby,]
to the Council. According to your letter of the 30th April last
I have taken a general view of the trained bands of co. Derby, and
present to you a true muster roll of the same, containing the names
not only of the trained soldiers but also of all those that are
charged with horses and private armour, together with a brief of
the same roll, containing only their number and the quantity of
ammunition now remaining in the magazine. I have also caused
the trained bands to be exercised, and put in execution whatsoever
else belonged to his Majesty's service. [Seal with arms. 1 p.] |
Nov. 8.
Whitehall. |
Order on the petition of George Henley and Augustine Phillips,
who by their petition to the Lords and others, Commissioners for
the Delegates, did show that they have obtained a sentence in the
Court of Admiralty against half the ship, the Golden Wolf, and half
her lading, some five months past, which belonged to the West
India Company of Holland, which sentence is by them appealed to
your Honours. For that the ship and goods were perishable, and it
being 15 months since they were brought into Plymouth, they
desired the Lords to appoint Sir John Lambe or some other judge
to receive the libel and appeal, and to do other ordinary acts preparatory for a hearing, and to appoint a speedy time for the cause
to be heard and determined. Upon which the Lords directed as
follows: We appoint to hear this cause on the 16th inst. at 8 a.m.
in the Council Chamber, Whitehall, and require the Registrar of the
Delegates to give timely notice to the proctor of the Dutch West
India Company to attend. Sir John Lambe in the mean time to
receive the libel, appeal, inhibition, &c., and to do other acts
requisite for preparing the said cause for hearing against that day.
Whitehall, 8 Nov. 1639. [Copy. See Vol. cccliii., p. 117. ½ p.] |
| Nov. 8. |
26. Petition of Daniel Tyas, mayor, and citizens of Worcester, to
Archbishop Laud. There has been time out of mind in the west
end of the cathedral church of Worcester an ancient pulpit for
daily prayers and preaching of the Word of God, with convenient
seats and kneelings for the citizens and others, to which place very
great numbers were wont to resort, it being a very populous city.
This place for decency and comeliness has been commended by most
who have seen it for a graceful ornament to that famous structure,
and was approved by your vicar-general in your metropolitical
visitation in 1635. Since that time (viz. in 1637) your Grace, as
it is informed, ordered that all those seats should be removed, the
pulpit taken down and removed with moveable seats to the west
end of the choir, which was accordingly done, and for a time
observed. Owing to the unevenness of this place, which was the
belfry, with many doors near the same, it was found very unwholesome for the auditory, especially in winter time, so that the
preaching hath been removed into the choir. Now the choir is
very unfit, not being capable to receive a sixth part of the auditory,
and other ways very inconvenient, as is apparent since the removal
thither, by reason of the extraordinary thronging and uneasiness of
continual standing both of men and women, to the great hazard of
their health, for want of convenient seats, by which means the
ancient men and women are constrained to forbear coming thither,
with many hundreds more who cannot come nor be contained in
that place, by which means, to our great grief, both church, prayers,
and preaching are much neglected, and thereby God much dishonoured. Pray that the said pulpit may be restored to its former
situation at the west end of the cathedral, its ancient place, and
where there is no door for passage, but only a dead wall, against
which the mayor and his brethren sat with their backs to it, that
thereby the full auditory of this populous city may comfortably
meet together for conveniently hearing the Word of God; and so
much the rather for that we are informed that that end of the
church was enlarged for that purpose by an ancient bishop of this
see. Underwritten, |
|
26. I. Bishop Thornborough of Worcester, together with the prebendaries under named do join in this petition, humbly
beseeching your Grace to take the same into your grave
and gracious consideration. |
|
26. II. Endorsed by Archbishop Laud: "The city of Worcester,
their petition to me for a remove of the pulpit out of the
quire to the west end of the church, with Dr. Potter's
answer." [1 p.] |
Nov. 9.
Whitehall. |
27. Sir William Becher to Mr. Mottershed at the office of the
High Commission Court. The enclosed examinations and letters
concern the business of John Trendall, of Dover, who, by order of
the Board, is bound to answer his misdemeanours in the High
Commission Court. [Seal with arms. ½ p.] Enclosed, |
|
27. I. Mayor and Jurats of Dover to Archbishop Laud. We
this day took the examination of John Trendall, a freemason, who, with his wife and family, have here lived
near three-quarters of a year past, and wrought in
Archcliffe Bulwark, near this town, and of late has
occasioned conventicles in and about this town, taking upon
him there to expound the Scriptures both to men and women,
spread sundry opinions repugnant to the doctrine of
the Church of England, and refuses to take the oath of
supremacy, of which we but yesterday received information. We have committed him to prison for his offences,
there to remain until we shall receive command from
you otherwise to dispose of him. Upon conference had
with our minister, Mr. Readding, we understand that
you have been informed concerning Trendall's practices,
yet, in respect of the high scandal and insolency expressed
by him in public before us and many others apt to be
seduced by him, we have presumed to address his and
others' examinations to you, praying that we may receive
your command herein for prevention of further mischief
likely to be done in this town by him, who has already
seduced many and inclined them to his opinions. We
have and will bind over such persons to our sessions as
have been discovered to have been at his conventicles.
Dover, 27th July 1639. [Copy. 1 p.] |
|
27. i. i. Examination of John Trendall, of Battle Bridge,
St. Olave's, London, freemason, aged about 50, taken
before Thomas Day, mayor, and the jurats of Dover,
the 27th July 1639. He came to this town about
the 11th Nov. last, being hired to work in Archcliffe
Bulwark. Since his being at this town he has not
been at either of the churches to hear Divine Service
and sermons, and says that his conscience will not
serve him to yield to the worship under the bishops'
power there used. He denies that the Lord's Prayer
is a prayer, and for the Creed he says he has nothing
to do with it, nor doth approve of it. Denies that
he has drawn any persons together into conventicles
to instruct them in any points of religion, but
confesses that some persons have come to him at his
house, and that he has been at divers of the inhabitants' houses in this town, being sent for, and has
there conversed with them, but refused to declare
their names. Signed with the mark of John Trendall.
P.S.—His family consists of Ann, his wife; Sarah,
aged 10, John, aged about 5, his daughter and son;
and Humphry Watts, aged 18, his servant. [Attested
copy. 1 p.] |
|
27. I. ii. Similar examination of Joan, wife of William Tiddeyman. Has known Trendall about three months, and
they have often been to each other's houses. On a
certain Sunday she and divers other persons were
at his house morning and evening, on which day
Trendall took a text from Scripture and instructed
them therein. He maintained that Christ is Lord
and King of his Church, which is his body, and the
like doctrine. They sang the 118th Psalm, from the
15th verse to the end, and likewise the 84th Psalm.
Hears that Trendall maintains that the Lord's
Prayer is not a prayer but the ground or form of
prayer, and that Christ's ordinances are not in our
Church. She herself has found the same, and finds
great comfort in Trendall's company and by his
instruction. Heard that William Tatnell did the
same Sunday write what Trendall declared unto
them. Has heard Trendall say that such ministers
as have their power from the bishop have it by false
power. [Attested copy. 1 p.] |
|
27. I. iii. The like of John Haselwood, the younger, of Dover,
shoemaker. Confesses he was at Tiddeyman's house
about Sunday month or three weeks, and heard
Trendall expound a text from the Scriptures, and has
heard him also say that our ministers come not into
the Church according to Christ's rule and order.
He was absent from church the two last Sundays,
on one of which he was walking and sitting under
the Castle Hill and on the other in his house.
[Attested copy. ¾ p.] |
|
27. II. Examinations of Edward Goodwin and William Tatnell
taken before Thomas Day, mayor, and jurats of Dover
the 29th July 1639. Edward Goodwin, of Dover, shoemaker confesses that about five weeks since, being
Sunday, about 8 or 9 o'clock in the morning, he went to
William Tiddeyman's house, in that town, Tiddeyman
being then at sea, and there stayed until about 11 o'clock
at noon to hear what reasons John Trendall could give
that it was not lawful to hear our ministers preach in
our churches. He discoursed with Trendall, but could
not come to Trendall's opinion. About 1 o'clock of
the same day he went to Tiddeyman's house again, where he
found Trendall, with divers persons, all unknown to him,
except William Tatnell and John Haselwood, of Dover.
Trendall then and there took a text from Scripture, the
words he now remembers not, and expounded the same
about one hour and a half, and afterwards fell upon the
said point, that it was unlawful to hear our ministers
preach in our churches, his main reason being that the
ministers were made by bishops, but the examinant could
[not?] be of his opinion, but was resolved to take the
opinions of Mr. Ward and Mr. Swann therein. Further,
he says that yesterday week, in the forenoon, he was at
his parish church, and in the afternoon, going to evening
prayer, which he understood to be ended, there being no
sermon, and hearing that Trendall was to be at Tiddeyman's house, he went there and found Trendall, John
Broom's wife, Tiddeyman's wife, John Hogben's wife,
widow Lee, Thomas King, and others of Trendall's
acquaintance unknown to examinant. That Trendall,
after his prayer, wherein examinant remembers not that he
prayed for the King, took a text from the Old Testament, the
words he remembers not. Trendall then expounded the
same for about an hour and a half, and an hour after
they had conference with Trendall, who maintained it
was not lawful to hear our ministers preach in the
churches. William Tatnell, of Dover, shipwright, was
present at the morning meeting above referred to, and
confirms Goodwin's statement. Remembers not that
Trendall prayed for the King. He took his text from
Isaiah LI. 7, and raised two points of instruction
thereupon. He then gave reasons thereof, and made
application of the same. Went again in the afternoon,
when Trendall's text was 1 John III. 1, of which discourse
examinant took notes. After the exposition, questions
were moved by those present. Tatnell demanded of
Trendall whether that which was able to beget faith was
not able to nourish it, which Trendall denied not but
gave not any satisfactory answer. Trendall maintained
that our ministers were unlawfully called, and held it
unlawful to frequent our churches. Examinant does
not in any way adhere to Trendall's opinions. [Attested
copy. 3½ pp.] |
|
27. iii. Similar examinations of Thomas King, of Allhallows,
Londonwall, freemason; Ann, wife of John Broom;
Susan Lee, widow; Elizabeth, wife of John Hogben;
and Joan, wife of Nicholas Crux, all of Dover, who
appear to have been at Tiddeyman's house on the day
mentioned in the preceding examinations. The only
additional information is that contained in Ann Broom's
statement that in the afternoon, there being no sermon at
St. Mary's Church, she went to Tiddeyman's house, where
divers were present, and that Trendall took his text from
12 Romans 1. Being asked whether Trendall did not
then discourse touching the unlawfulness of our ministers, whether the Lord's Prayer were a prayer or not,
and concerning Church government, saith he then spake
somethings thereof, but used no persuasion to her. [Attested copy. 3 pp.] |
|
27. iv. Archbishop Neile of York to Sir Dudley Carleton. I
received your letters of the 3rd August, signifying the
pleasure of the Council that I should certify to their
Lordships the proceeding held with the blasphemous
heretic Wightman, who was burnt at Lichfield whilst I
was bishop there. I desire to understand from you in
what particulars the Lords require to be certified. For
the generality of my proceedings with him the Archbishop
of Canterbury can inform them, for he was with me and
assisted me in all the proceedings against Wightman
from the beginning to the end. If it be their Lordships'
pleasure that I certify particularities, viz., what his
blasphemous opinions were, what sentence was given
against him, and what certificate thereof was made to his
Majesty, whereupon issued his Majesty's writ to burn
him, I must crave some time to look up my papers, which
are now at my house at Bishopthorp, and myself being
at Cawood, some six miles from thence, and it will require
some time to transcribe copies of them. It may please
you to understand that this Wightman discovered himself by a petition delivered at Royston to my then master
King James, who, finding that he was of my diocese,
sent him to me to my dwelling, then at Westminster,
with command to commit him to the Gatehouse and to
take examinations of his several opinions under his own
hand, which I did, using many conferences with him
by myself and by other learned divines to make him see
his blasphemous heresies and to reclaim him. This
course of conference was held with him from about a
week after Easter till the middle of October, in all which
time no good could be wrought upon him, but he became
every day more and more obstinate in his blasphemous
heresies, whereupon the King commanded me to send him
down to Lichfield and myself to go after him, there to
proceed against him as a blasphemous heretic. At my
coming to Lichfield, being there assisted with sundry
divines of very good note, we began with him by divers
days conference, but to no purpose. Then we proceeded
in a legal way against him in the Consistory, and after
sundry days past in a legal manner of proceeding and
three assignations for sentence, we appointed a day for
sentence, which we executed in the body of the church, and
before the sentence denounced, myself began the business
with a sermon and confutation of his blasphemies against
the Trinity of Persons in the Unity of the Eternal Godhead,
the other divines who assisted me, each confuting one
of the points of his blasphemous opinions. To all which
he no way relenting, but persisting in his blasphemies,
I read the sentence against him, and denounced him to
be a blasphemous heretic, and to be accordingly certified
to the secular power. Whereupon his Majesty's writ was
directed to the sheriff of the county of the city of
Lichfield to burn him as a heretic. Upon the writ, he
being brought to the stake, and the fire [having] scorched
him a little, he cried out that he would recant. The people
thereupon ran into the fire and suffered themselves to be
scorched to save him. There was there prepared a form
of recantation offered to him, which he there read and
professed before he was unchained from the stake. Hereupon he was carried back to the prison, and after a
fortnight or three weeks time of pausing upon his
recantation he was brought into the Consistory, there to
declare his recantation and to renounce his blasphemous
heresies in a legal way, that the same might remain
apud acta in the court, done deliberately upon better
resolution and in truth and not upon terror of the fire.
When he came into the Consistory he blasphemed more
audaciously than before. His Majesty being informed
of this his behaviour commanded the writ for the burning
of him to be renewed, which was sent down and executed,
and he died blaspheming. This is that concerning the
proceeding against Wightman that on the sudden I can
relate, which I pray you to present to their Lordships,
and if I may by the next post understand from you
what further information or particulars their Lordships
will require, I will do my endeavour to perform their
Lordships' commands. Cawood Castle, 9th August 1639.
[Seal with arms. 2 pp.] |
| Nov. 9. |
28. Affidavit of John Penyall, Messenger of the Chamber in Ordinary, that on the 8th inst., by virtue of a warrant of the Council,
he attached John Burd, of Blackfriars, a professor of physic, who
resisted. [⅓ p.] |
| Nov. 9. |
29. Memorandum touching arrears of the Earl of Lindsey and
Lord Willoughby in their payments towards the drainage of the
Fen lands; also a note of sums payable by Sir Philip Tyrwhit and
Ralph Euers. For satisfaction of arrears the Earl of Lindsey sold
157 acres and Lord Willoughby 118 acres to Mr. Staughton. [1 p.] |
| Nov. 9. |
30. Sir William Russell to Nicholas. My servants have forborne
to make out a new certificate this week because they have received
but two sums upon the last writs, viz., 80l. from the sheriff of Kent
and 50l. from the mayor of Hereford; and upon the 1637 writs,
40l. 6s. 6d. from the late mayor of Hereford, and 50l. from the
sheriff of Worcester. P.S. by Edward Fen.—Since writing the
above, 300l. is brought in by the sheriff of Oxford. [½ p.] |
| Nov. 9. |
31. Account of ship-money for 1638 levied and remaining in the
hands of the sheriffs; total 2,937l., making, with the 45,659l.
paid to Sir William Russell, 48,596l. collected. The arrears stood
as follows: 1635=4,536l.; 1636=7,181l.; 1637=19,811l.; 1638
=24,090l. [1 p.] |
| Nov. 10. |
32. List of the sheriffs of England and Wales for 1639. [1½ p.] |
| Nov. 10. |
33. Similar list in the handwriting of Nicholas. In the margin
he has made notes of business to be brought before the Council, including the following:—Read letter from the sheriff of Somerset.
Flint has paid all. Sheriffs ill chosen. Account of contribution
money. That in case the mayors of corporate towns shall not assess
and levy the sums charged on them, then the sheriffs of the counties
respectively shall enter, assess, and levy. Query whether the four
north[ern] counties shall be exempted this year as in the last. [1 p.] |
| Nov. [10]. |
34. Observations, by Nicholas, concerning the sheriffs listed by
the judges. These notes relate to the choice of sheriffs in the
counties of Wilts, Somerset, Gloucester, and Lincoln. [1 p.] |
| Nov. 11. |
35. The King to General Riven [Patrick Ruthven Lord Ettrick,
Governor of Edinburgh Castle]. The disorders in our kingdom of
Scotland still continuing, and the castle of Edinburgh, committed to
your trust, being a place of such consideration as that it concerns
us very highly to have a watchful eye upon it, we require you not
only to use extraordinary care in securing it against any surprise,
but to give us an account of the present state of the garrison, ammunition, and victuals there, and for how long time you are already
provided. Further, our pleasure is that before your provisions fail
you shall force the town by battery of ordnance or otherwise, if by
fair means they will not yield to it, to supply you with victuals or
other provisions at reasonable rates and prices upon our account,
that so ye be not forced to spend your own store until a formed siege
be laid to you, for doing whereof this shall be your warrant. And
for the better performance of this service we have commanded our
commissioner there to give you all possible assistance in this or
anything else that may concern your charge and the safety of that
place, whensoever you shall require it, and therefore we do expect
that you shall keep it with the hazard and loss of your life, according
to that great trust we have reposed in you. [Draft by Sec. Windebank, with alterations and additions in the King's hand. 1⅓ p.] |
| Nov. 11. |
36. The same to John Earl of Traquair. We have now, by our
special letters to General Riven [Patrick Ruthven Lord Ettrick],
required him to give us account of the present state of our castle of
Edinburgh, which is a place of such importance as our affairs in
that kingdom are highly concerned in the safety thereof. And
because upon the failing of victuals or any other provision there
your assistance may be of great use to him in making way for supplies in case of opposition or resistance from the town, we require
you to be from time to time aiding and assisting to him, not only
in this but in anything else concerning our service and his charge
there, as often as he shall desire it. Further, we require you to send
our letters that go herewith to General Riven by some trusty hand,
and to let him know that we expect a speedy answer from him.
Margin: "A direction to him to send this letter by a safe hand,
and to cause it to be read to the governor." [Endorsed: "With
this was sent the duplicate of his Majesty's letter of the same date
to General Riven, governor of the castle at Edinburgh, and both
of them committed to the conveyance of the Lord Marquis
Hamilton by an express." Draft in Windebank's hand. 1 p.] |
| Nov. 11. |
37. Other drafts of the two preceding letters. That of the first
calendared appears to have been altered by Windebank only.
[2 pp.] |
Nov. 11.
Lambeth. |
38. Archbishop Laud to Bishop Hall of Exeter. The rest of your
letter is fitter to be answered by my own hand, and so you have it.
And since you are pleased, so worthily and brother-like, to acquaint
me with the whole plot of your intended work, and to yield it up
to my censure and better advice (so you are pleased to write), I do
not only thank you heartily for it, but shall, in the same brotherly
way and with equal freedom, put some few animadversions, such as
occur on the sudden, to your further consideration, aiming at nothing
but what you do: the perfection of the work in which so much is
concerned. And first for George Graham, I leave you free to work
upon his baseness and his ignorance as you please, assuring myself
that you will not depart from the gravity of yourself or the cause
therein. Next, you say in your first head, that episcopacy is an
ancient, holy, and divine institution. It must needs be ancient and
holy, if divine. Would it not be more full went it thus?—So
ancient as that it is of divine institution. There you define episcopacy by being joined with imparity and superiority of jurisdiction.
This seems short, for every archipresbyter's or archdeacon's place is
so. Yea, and so was Mas[ter] Henderson's in his chair at Glasgow.
Unless you will define it by a distinction of order, and draw the
superiority, not from that jurisdiction which is attributed to bishops
jure positivo in their audience of ecclesiastical matters, but from
that which is intrinsical and original in the power of excommunication. Again, you say in that first point, that where episcopacy has
obtained, it cannot be abdicated without violation of God's ordinance. This proposition, I conceive, est inter minas habentes, for
never was there any church yet where it has not obtained. The
Christian faith was never yet planted anywhere, but the very
first feature of the body of a church was by or with episcopacy.
And wheresoever now episcopacy is not suffered to be, it is by such
an abdication, for certainly there it was a principio. In your second
head you grant that the presbyterian government may be of use
where episcopacy may not be had. First, I pray consider whether
this concession be not needless here, and in itself of a dangerous
consequence. Next, I conceive, there is no place where episcopacy
may not be had, if there be a church more than in title only. Thirdly,
since they challenge their presbyterian fiction to be Christ's kingdom and ordinance, as you express it, and cast out episcopacy as
opposite to it, we must not use any mincing terms, but unmask
them plainly; nor shall I ever give way to hamper ourselves for
fear of speaking plain truth, though it be against Amsterdam or
Geneva, and this must be sadly thought on. Concerning your
postulata, I shall pray you to allow me the like freedom, among
which the two first are true, but, as expressed, may be taken too
restictive, for episcopacy is not so to be asserted to apostolical institution as to bar it from looking higher and from fetching it
materially and originally in the ground and intention of it from
Christ himself, though, perhaps, the apostles formalized it. And
here give me leave a little to enlarge. The adversaries of episcopacy
are not only the furious Aërian heretics, out of which are now raised
Prynn, Bastwick, and our Scottish masters, but some also of a
milder and subtiler alloy, both in the Genevian and Roman faction.
And it will become the Church of England so to vindicate it against
the furious Puritan, as that we lay it not open to be wounded by
either of the other two more cunning and more learned adversaries.
Not to the Roman faction, for that will be content it shall be Juris
Divini mediati, by, from, for, and under the Pope, that so the
government of the Church may be monarchical in him, but not immediati, which makes the Church aristocratical in the bishops. This
is the Italian rock. Not to the Genevan, for that will not deny
episcopacy to be Juris Divini, so you will take it ut suadentis vel
approbantis, but not imperantis, for then they may take and leave
as they will, which is that they would be at. Nay, if I much
forget not, Beza himself is said to have acknowledged episcopacy to
be Juris Divini Imperantis, so you will not take it as universaliter imperantis, for then Geneva might escape et citra considerationem durationis, for then, though they had it before, yet now,
upon wiser thoughts, they may be without it, which Scotland says
now, and who will may say at [it] after, if this be good divinity;
and then all in that time shall be democratical. I am bold to add
this, because I find in your second postulatum, "that episcopacy is
directly commanded," but you go not so far as to meet with
this subtilty of Beza, which is the great rock in the lake of Geneva.
In your ninth postulatum, that the accession of honourable titles or
privileges makes no difference in the substance of the calling. If
you mean the titles of archbishops, primates, metropolitans, patriarchs, &c., 'tis well, and I presume you do so. But then, in any
case, take heed you assert it so as that the faction lay not hold of it,
as if the bishops were but the title of honour and the same calling
with a priest, for that they all aim at, &c. The eleventh postulatum is large, and I shall not repeat it, because I am sure you retain
a copy of what you write to me, being the ribs of your work. Nor
shall I say more to it than that it must be warily handled, for fear
of a saucy answer, which is more ready a great deal with them than
a learned one. I presume I am pardoned already for this freedom
by your submission of all to me, and now I heartily pray you to
send me up, keeping a copy for yourself against the accidents of carriage, not the whole work together, but each particular head or
postulatum as you finish it, that so we here may be the better able
to consider of it, and the work come on the faster. [In Laud's
handwriting, who has endorsed it: "My answer to the heads of
the Bishop of Exeter's book intended for episcopacy." 2½ pp.] |
Nov. 11.
North Somercotes. |
39. Jo[hn] Gray to Richard Harvey. I wrote to you about the
beginning of the term, but not knowing whether the letter came to
your hands, I trouble you with these lines. I was glad to hear that
you and Mr. Phillipps had spoken with Mr. Stebbin, and hope that
he will proceed in the dispatch of my business this term. I beseech
you both put him in mind thereof and afford him your best furtherance in it. What Mr. Newstead has done in his business I have
fully certified in the enclosed letter to Mr. Phillipps. The bearer,
Mr. Butler, hoping that the heat of anger will be over, is come up
to make his own apology to Mr. Porter; he is very confident of his
own integrity in his account. [Seal with device. 2 pp.] |
| Nov.11. |
40. Statement of the distribution of ships to the several shires
of England and Wales, with their tonnage, number of men, and
charge, as the same was ordered in 1637, together with a list of
the alterations for this present year (1639), in the number of men
and proportion of tonnage, being a fifth part less than for 1637.
Totals for 1637, 45 ships, 8,428 men, 21,040 tons, 210,400l. charge.
Totals for 1639, 45 ships, 6,738 men, 16,832 tons, 210,400l. charge.
Nicholas has added, "which is 4,208 tons less than was required by
the writs for 1637." [2 pp. A similar list of ships for 1639 is
printed in Rushworth, iii, pp. 975-6.] |
| Nov. 11. |
41. Similar statement with a list of the variation of the sum
charged upon each county for this year (1639) being increased
about a sixth part more in money than was charged in 1637. Totals
for 1637, 44 ships, 8,330 men, 21,040 tons, 210,400l. charge. Totals
for 1639, 45 ships, 8,330 men, 21,040 tons, 254,760l. charge, which
is about 44,360l. more than was charged on the counties in 1637.
Margin by Nicholas: "This list was not approved of." [2 pp.] |
| Nov. 12. |
Warrant to pay to Bishop Williams of Lincoln 500l., for discharging his expenses in law suits. [Docquet.] |
| Nov. 12. |
Similar warrant to pay an allowance of 100l. per annum to John
Tredescant, keeper of his Majesty's gardens at Oatlands, payable
quarterly from Midsummer 1638 during his Majesty's pleasure, in
the place of John Tredescant, his father, deceased. [Docquet.] |
| Nov. 12. |
The like for payment of 166l. 9s. to Francis Wetherid, surveyor
of his Majesty's stables at the Mews. [Docquet.] |
| Nov. 12. |
Presentation of Charles Fotherby, clerk, to the rectory of St.
Ives in the diocese of Exeter void by the death of the last incumbent, and in his Majesty's gift pleno jure. [Docquet.] |
| Nov. 12. |
Presentation of Guy Carleton to the rectory of Arthuret in the
diocese of Carlisle void de jure and in his Majesty gift pro hâc
vice by the minority of Richard Netherby, his Majesty's ward.
[Docquet.] |
Nov. 12.
Auckland Castle. |
42. Bishop Morton of Durham to Sir Henry Vane. According
to his Majesty's reference by Sir John Coke, I certify that there
are three patents for tobacco for the city of Durham and suburbs
thereof in the hands of one Tunstall, and three more in the hands
of Ayrson, Goodheir, and Cookeson. These latter sell in their own
shops and houses, not licensing any to retail. Tunstall authorises
those who buy of him to retail, and questions those who buy of other
patentees, paying rent to his Majesty according to their patents.
The parties questioned being retailers, buy no tobacco but of such
patentees as are licensed to sell under the Great Seal, and they buy
the same in twopenny papers and not otherwise. They presume it
lawful for them to sell tobacco in their own houses bought of any of the
patentees, as well as if they bought it of Tunstall. Alexander Easton
and Overley, messengers, have attached Richard Wilkinson, John
Hall, Thomas Harrison, and other retailers of tobacco, and have
made such unreasonable demands of them as are specified in the
annexed paper, yet offered to free them from their bonds of appearance if they would satisfy their said unreasonable demands and
agree with Tunstall, who requires of Wilkinson 5l., of Hall 10l.,
and of Harrison 20l., for his damage sustained for their buying of
the other patentees. After I understood the premises, I forbad the
messenger to proceed any farther against the persons attached,
but required two of them, in the name of the rest, to appear
before the Lords, because of the excessive charge that would fall
upon the poor men, Tunstall threatening that 100 more are to be
questioned. What disadvantage may fall to his Majesty and subjects where men shall be punished, although they buy of other
patentees, is considerable, whereas rather than they will be constrained to buy only of Tunstall they will buy none at all. I have
made bold to present you with this narration that these poor men
may be freed from further molestation and from such unreasonable
charges as will ensue if they shall be compelled to make their several
personal appearances as by bond they are bound to do. [This letter
is headed: "To the King's most Excellent Majesty." Seal with
arms. 2 pp.] Annexed, |
|
42. I. Certificate by Thomas Harrison, Richard Wilkinson,
Thomas Sheffield, and William Harper, of the impositions
to which they have been subjected. [½ p.] |
Nov. 12.
Auckland Castle. |
43. Bishop Morton of Durham to [Sec. Coke]. His Majesty was
pleased to make a reference to the Dean of Durham and myself,
or in the dean's absence to me alone, (as your honor may remember
it being according to your own directions) which reference concerned
the petition of Richard Wilkinson and twelve more, within the city
and suburbs of Durham, complaining against Thomas Tunstall,
alderman of the same city, for grievously molesting them by summoning them to appear before his Majesty's commissioners in the
tobacco office at London, but as Tunstall pretends for wronging his
patents which he has under the Broad Seal out of the said office.
These are, according to my duty after the examination of the case, to
certify as follows: Namely, that the grievance which Tunstall says
he sustains is only that the other three patentees and farmers to
the King sold their tobacco in their own houses to vintners and alehouse keepers, such as the above petitioners who vented it in their
own houses, these latter seem to me excusable because they have in
these respects only followed the general practise of this and other
counties, they likewise sell Tunstall's tobacco in the same manner
as that purchased of the other patentees, but more especially I conceive them excusable because of the answer which I received from
Tunstall himself, when asked whether he would at any time have
questioned the petitioners for selling their tobacco as above specified,
except it where he sought to relieve himself of some part of the
money wherewith he stands yet charged in arrear to his Majesty,
and he answered me, that this was the only cause of his summoning
the many and very poor petitioners. These being the premises I
refer the conclusion to your honor's own wisdom. [1 p.] |
| Nov. 12. |
44. Philip Burlamachi to Sec. Windebank. I much wonder that
Sir John Wintour, secretary to the Queen, troubles his Majesty and
crosses my humble suit. He knows well that I ever told him that
for the 2,600l. he is to have there was and is left in the Exchequer
tallies to be levied upon the alum rent for 3,000l., which I have
left there for his satisfaction, but desired to make an end with
Mons. Vantelet, Mons. Coignet, and Sir Abraham Williams altogether,
which could be done with the debt of the Earl of Carlisle, of whom
I am to have above 5,700l. principal and interest, money lent
him by his Majesty's express command, and by his royal reference
to the feoffees ordered them to pay me. I am willing to deposit
the bond of 4,000l. in their hands for security of the debt, although
for Mons. Vantelet and M. Coignet, their debts being 1,375l.
and 1,084l., I never received a penny, but these are yet to be
received either from his Majesty or from the French King. It is
true that I became their debtor at the earnest entreaty of the late
Lord Treasurer, who desired me to take upon myself the whole sum
due to his Majesty, as if I had received the same, although there
was near 7,000l. to be brought to his Majesty's charge for loss upon
the price of the assignment, and some charges which he desired me
to leave out of my account, and solicit the recovery of those losses
and charges which the Frenchmen owed by the arrears of the rents
assigned in satisfaction of the money due to his Majesty, of which
to this day, by the hinderance that has been brought to the solicitation, I could receive no part, although there was a sentence of
condemnation of near 2,000l. This I allege only to show that the
money being yet due to me, either by his Majesty or by the French
King, and that their debt arising out of that very same money which
is due to me, there is no great reason I should be compelled to pay
before I receive. Nevertheless, to free his Majesty, I tender to
deposit the bond of the Earl of Carlisle into Sir Abraham Williams'
or Mr. Vantelet's and Mr. Coignet's hands for their security, until I
receive satisfaction of his Majesty or of the French King of the
money due, which they ought not to refuse, seeing that the debt
owing to me by the Earl of Carlisle, if I do not receive satisfaction
of his administrators, his Majesty is bound to see me satisfied.
The bond is extant and an account under the late Earl of Carlisle's
hand acknowledging the bond, which in all reason ought to satisfy
them for security until I can receive or otherwise settle my accounts
with his Majesty, which I beseech you to represent to the King to
satisfy his royal mind and to take off all unjust rumours of my humble
suit. [1½ p.] |
Nov. 12.
Office of Ordnance. |
45. Officers of Ordnance to the Council. According to your
direction we have examined our books of accounts, and find that
Mr. Cordwell, his Majesty's gunpowder maker, has brought into the
Tower of London, from the 17th Nov. 1638 to the 10th inst., being
the third year of his contract, 240 lasts of gunpowder. [1 p.] |
| Nov. 13. |
Petition of Robert Earl of Ancrum, your Majesty's servant, to
the King. Your Majesty was pleased to grant to petitioner the
duties payable by the Company of Starchers for a term of years,
whereof three are yet to come, and your Majesty received 200l. per
annum thereby. Petitioner has so employed both the care and
industry of himself and others, and laid out all the benefit he was
to receive thereby, that he has made it a business of value and
profit, which others perceiving have obtained a grant of a new
corporation for that business and have undertaken to give your
Majesty for the first year 1,500l., for the next 2,000l., and afterwards 3,500l. per annum. In consideration that petitioner has
brought the said business to be of such consequence and profit to
your Majesty, and having a grant thereof and of the importing of
foreign starch for three years yet unexpired, and for that these two
last years have been spent in differences between the old and new
company, by which means petitioner has not received one penny
for that time, prays your Majesty to give warrant to the AttorneyGeneral for the preparing of some grant, that petitioner may not
be damnified by any new grant made or to be made, but that he
may have the benefit thereby in such sort as he should have had
by the intent of his former grants yet unexpired, and also for his
remedy against those who have made starch out of the joint stock.
Underwritten, |
|
I. Reference to the Attorney-General, who is to take such course
for the petitioner's indemnity as he shall find fit. Whitehall, 13th Nov. 1639. [Copy. See Book of Petitions,
Vol. cccciii., p. 112. 1¼ p.] |
| Nov. 13. |
46. Francis Earl of Bedford to Sir William Becher. There
was an order made at the Board, upon the petition and complaint of
certain labourers in the Fens, for their salary and wages that was, as
they alleged, detained from them, and upon proof found the reason to
be that several adventurers had not paid in their scots and shares,
and, amongst the rest, Sir Thomas Stanley was found to be in great
arrear, and had a messenger sent for him. It now appearing to me
by the certificate of Anthony Hammond, who adventured for a
whole share of 4,000 acres, that Sir Thomas Stanley had the fourth
part of that share, and that there was but 62l. 10s. for Sir Thomas
to pay, which he has paid to me this day, and it shall be sent into the
country for the labourers, so soon as I can meet with the paymaster
for those works, I desire of you that Sir Thomas having cleared
his arrears he may be taken off from all contempts for this occasion.
[Seal with arms. ¾ p.] |
Nov. 13.
Lambeth. |
47. Archbishop Laud of Canterbury to the Dean and Chapter of
Winchester. I promised you, as soon as I could conveniently, that
I would wait upon his Majesty and take his final resolution which
way I should proceed for putting an end to that ill custom of choice of
copyholds to be taken by the dean and the officers ; a custom which
either is, or certainly may be, turned to a great abuse and oppression
of the tenants; a custom which has been taken up in no other
church, nor can be thought fit to be continued in yours. To fill a
chapter in your statute book with reciting this custom and disannulling it was not thought convenient, because it could hardly
be so drawn up but that it must lay a great imputation both upon
the beginners and upon the continuers of that custom, which I was
very willing to avoid. His Majesty, therefore, has now commanded
me to write these letters, and you to register them and punctually
to obey them. And that which his Majesty commands is this:
that since the copyholds ought to be a part of the dividend, and
that in all such dividends the dean has but a double part to every
prebendary, his Majesty is pleased in favour of you, the present
dean and chapter, to allot out of the fines of reversion of copyholds
for the three years last past, ending at this present audit, this
proportion following, viz., in the first year 50l. to the dean and 40l.
apiece to each officer, and in the second year 40l. to the dean and
30l. apiece to each officer, and in the third year 20l. to the dean and
10l. apiece to each officer, and then this ill custom of copyholds or any
proportion of money for them is to cease finally and for ever, as you
and your successors will answer it at your peril. And although I
well understand what great advantage the dean has by this gracious
order, in regard he is in this reward every year and a prebend but
once in four years, and yet some of the prebends left out, which
his Majesty was made acquainted with. Yet his Majesty, for reasons
best known to himself, was willing to do the present dean this
favour, and so to put an end to this ill custom. P.S.—I have, by
his Majesty's command, sent a copy of these letters to my Lord of
Winchester, your visitor. I have likewise sent you down your
statutes, to which you are severally to take your oaths for obedience
to them from this present audit. [Draft. 1 p.] |
| Nov. 13. |
48. Note of the names of persons who were assessed towards the
making of the great sewer to convey the soil from his Majesty's
palace at Whitehall, together with their several answers. Four
absolutely deny [payment], seven delay [payment], and three will
answer at the Board. The Earl of Salisbury appears to have been
assessed 101l. 8s., and a Mr. Trench 119l. 14s. [¾ p.] |
| Nov. 14. |
Petition of the Artists of the New Company of Starchmakers of
London, Bristol, and Norwich and the rest of the kingdom to the
King. Upon a former petition petitioners obtained a grant of
divers privileges to the said company, but Leonard Stockdale and
one Smith, with others not exercised in the art, by indirect dealings
and large proffers to your Majesty and others obtained the same
grant, in the name of the artists of the Old Company, but which
large undertakings they have not performed, neither are able to
perform, as appears by their late petition to your Majesty, and
thereby have professed themselves willing to yield up their charter.
Smith and Stockdale, contrary to the intention of their grant, have
admitted into their company about 30 persons, mostly inexperienced,
who bear the only rule and government of the said company and
are no ways able to perform what they have undertaken. The
parties named also lay on the business divers unnecessary
charges and superfluous expenses which redound on petitioners' poor
estates, impoverishing them and their families to such an extent
that they were driven to petition the company, who answered that
petitioners were undone by your Majesty and not by them. Pray
that your Majesty will either fully hear the business in person or
else refer the examination of the former proceedings and accompts
of Smith, Stockdale, and the rest of the company to some Lords of
the Council, who may certify your Majesty the state of the business
before any proceedings be had upon the petition of the late undertakers, that so your revenue may be made certain and petitioners
relieved. Underwritten, |
|
I. Reference to the Archbishop of Canterbury, the Lord Keeper,
Lord Treasurer, Lord Privy Seal, and Lord Cottington,
who are to hear petitioners and settle the business for his
Majesty's best advantage, or else to certify their opinions
thereof, whereupon his Majesty will signify his further
pleasure. Whitehall, 14 Nov. 1639. [Copy. See Book
of Petitions, Vol. cccciii., p. 114. 1 p.] |
Nov. 14.
London. |
49. Sec. Windebank to the Scotch Lords, [the Earls of Dunfermline and Loudoun?]. I am commanded by his Majesty to send this
messenger in diligence after you, who is, by virtue hereof, to make
search for all letters, writings, and papers whatsoever which you or
your servants have or which are in any of your trunks, cloak-bags,
or valises; all which the bearer is to bring away presently to his
Majesty. And his Majesty has expressly commanded me to assure
you that this is not done for any disrespect to your persons, but
merely upon a necessity of his affairs and service at this time, which
you in wisdom will, I doubt not, consider and readily conform
yourselves to his Majesty's will and pleasure herein. [Draft. 1 p.] |
| Nov. 14. |
50. Bishop Montague of Norwich to [Sir John Lambe]. There is
like to be a suit betwixt the Ch[apter] of Westminster, now in
pupilage, and me, about the parsonage of West Halton in Lincolnshire,
void by the death of Dr. Lincoln. I gave Dr. [David] Stokes of
Windsor an advowson of it when I was last in London. I desire that
institution be not given to the Ch[apter] of West [minster's] clerk, or
if it be, that I may have leave to bring my Quare impedit in the
case, which I heartily desire you to intimate to my Lord's Grace [of
Canterbury], to whom I would have written, but that I know not
whether he, his vicar-general, or you, in suspension of the bishop,
give institution. My right is unquestionable, and I hope shall be indefeasible. Edward VI., by charter dated April 11th, 1550, [granted]
in augmentation of the possessions and revenues of the bishopric of
Norwich, at the instance of Thomas Thirleby, first and last Bishop
of Westminster, whence haply may proceed their pretext, at his
remove to Norwich, amongst other things the patronage of the
rectory of West Halton, co. Lincoln. It is valued at 16l. in the
Exchequer. It was intruded upon, being far off, and recovered by
writ of Quare impedit in 1613 by Bishop Jegon, who collated it
upon William Lincoln, whose ungracious son goes about to defeat
the Bishop of Norwich thereof, but he shall carry it hardly I promise
him. Pray remember my service to his Grace and intimate this
state to him. [Endorsed by Sir John Lambe. 1 p.] |
| [Nov. 14?]. |
51. Reasons against consenting to the prorogation of the Scotch
Parliament now in session at Edinburgh, and against the Commissioner [Traquair's] prorogating the same without consent [of the
Estates]. [Copy by Sec. Windebank. 6¾ pp.] |
| [Nov. 14?] |
52. Bill read in the Scotch Parliament at Edinburgh, entitled
"An Act for the relief of the common charge." [Draft. 4 pp.] |
| Nov. 14. |
53. Note by Sec. Windebank of contributors to the proposed
loan, being chiefly persons holding legal and official appointments.
[Some alterations in the King's hand were made in the list in the
following January. 1½ p.] |
| Nov. 14. |
54. Extract of proceedings in the High Commission Court this day.
John Trendall of Dover, Kent, being three several times, viz., at
the first sitting, middle, and rising of the Court, publicly called for,
appeared not, and thereupon, inasmuch as Trendall was by order
from the Council enjoined to make his appearance before and
attend on the commissioners of this court and came not, Mr. Knight,
the registrar, was required by the court to attend the Clerk of the
Council and to certify Trendall's contempt. [Attested Copy. 1 p.] |
| Nov. 15. |
55. Petition of James Duppa to the King. Beseeches his Majesty
to cast his eye upon this remonstrance, which shews petitioner's
condition in the prosecution of malting and brewing, a business as
it promised a great revenue to his Majesty, so has it received as
great opposition, but that it was good and lawful petitioner needs
not acquaint your Majesty, since he believes what was said against
it was of so small value. The business of itself being of such legality
and profit, and finding so much opposition, could not but be very
chargeable to petitioner in the settling thereof. In a table he
details his expenses from the 4th Feb. 1636 [-7], the date the commission began, which amount to 1,890l. He further prays for
allowance of former charges from 1629 to the date of the commission,
being above 3,000l. Petitioner knows he shall miscarry if his Majesty himself judges not his cause, and begs his Majesty will reward
his honest and faithful endeavours, and that he will remember the
true cause of the failure of this business. Whereas sundry men,
finding that brewing is set at liberty, have brought in their licences,
and are contented with the loss of their fines and of such rents as
they have paid, so that their bonds may be returned to them,
petitioner prays that he may be suffered to return them their bonds
upon rendering back their licences, or else they threaten to arrest
and sue him, also that his Majesty would declare what favour and
grace petitioner may receive. Underwritten, |
|
55. I. Reference of the above, together with the reasons annexed,
to the Lord Treasurer, who, calling to him the Attorney
or Solicitor General, is to consider of them and of
the allowances desired, and to certify his Majesty his
opinion of the whole business, whereupon his Majesty will
signify his further pleasure. Whitehall, 15th Nov. 1639.
[1 p.] |
| Nov. 15. |
56. Petition of William Ward, vicar of Norton-juxta-Daventry,
co. Northampton, to Archbishop Laud. Petitioner sustained a long
suit for sixteen years against powerful adversaries, to the exhausting
of his estate, to recover the vicarage of Norton aforesaid to the
Church, from whence it has been detained above 100 years. Whereas
his Grace was pleased so far to commiserate petitioner's case as to
encourage him with hope of some addition of another benefice,
whereby to repair his estate, and furnish him with a dwelling, he
not being able as yet to discover any house or glebe belonging to
his vicarage, prays his Grace to remember petitioner in such manner
as to him shall seem meet. Underwritten, |
|
56. I. Reference to Sir John Lambe to peruse the above petition,
and to give the petitioner what encouragement he can,
as occasion shall be offered for his just relief. Nov. 15th,
1639. [1 p.] |
| Nov. 15. |
57. Petition of Thomas Nason and Robert Joyner, vintners, to
the Council. Whereas Mr. Launt, Mr. Johnson, and other merchants
have sent petitioners 12 pieces of Spanish, or rather medium wines,
for some of which they require 19l. a piece, and for the rest 17l. a
piece, the said wines being altogether unvendible. Petitioners have
yielded to pay the merchants' demands for so many pieces as are merchantable, or to give the merchant a proportionable sum to carry the
same away again, which they refuse to condescend unto, saying that
if those pieces of wine were but worth 40s. a piece they would make
petitioners pay or else shut up their doors, and have caused them
to be taken into the messengers' custody, where they still remain.
Although but young beginners, they have more pieces of wine put
upon them by the merchants than others of their neighbours being
ancient house-keepers. Pray the Lords to refer the examination
of the premises to Mr. Lessland, purveyor of his Majesty's wines,
that he may certify his opinion of the said wines, and in the
meantime to discharge petitioners out of the messengers' hands.
Underwritten, |
|
57. i. Reference to Sir William Becher and Sir Dudley Carlton,
Clerks of the Council, to call before them some on behalf of
the Company of Vintners and some of the Medium Merchants, together with the vintners who are in custody under
the Council's warrant, and to settle the differences betwixt
them, or otherwise to report how they find the case. [1 p.] |
| Nov. 15. |
58. Inigo Jones, George Long, and others, Justices of Peace
for Middlesex, to the Council. According to your directions
we called unto us the lime-burners and some of the principal
bricklayers and plasterers in and about London, and upon conference
with them we find the price of lime to be much enhanced within
these few years, but no sufficient reason yielded us for such improvement, so as we find that the lime-burners may sell their lime and
deliver the same at any place upon the river side within London
and Westminster, or the liberties or the suburbs of either of them,
or Southwark, after the rate of 6s. a hundred of good lime, every
hundred containing 25 bushels. And if the lime-man will carry
the lime to any place distant from the water side, he shall charge
6d. a mile for every hundred. For every load of sand containing 18
bushels to be had at the pit where the same is digged 8d., or if
delivered a mile distant from the pit the carrier to have 6d. and
no more; but if further off or a double load then after that rate,
and if at a lesser distance after the same rate. Lastly, for the
wages of workmen, artificers, and labourers, the same are carefully
and duly published at the sessions of the peace for Middlesex, and
remain at the Sessions House of that county for a rule of direction,
according to the statute in that case provided, and wants no other
thing but a general execution thereof according to the law, which,
if your Lordships think fit, may be quickened by his Majesty's
proclamation. We also conceive that to be the fittest remedy for
regulating the prices of lime and sand, if it shall seem fit to your
Lordships. [¾ p.] |
Nov. 15.
Queen Street. |
59. Thomas Smith to [Sir John Pennington]. Yours of the
11th inst. is come to my hands, and I observe therein that still we
do not well understand one another about those directions, though
truly both in my Lord's and mine own to you I have endeavoured
to give you all the satisfaction I possibly can. The business in
question is, whether you have had particular answer, "Yea or no,"
to your query, whether you should seize to my Lord's use the ordnance in those vessels coming from Sandwich, as also others in those
ships which lay dry ashore, or whether you should let them alone.
To this latter my Lord held it altogether needless to return you any
particular answer, because you had had so many former directions not
to meddle with anything that was in my Lord Warden's jurisdictions,
that he might show himself as unwilling to offer as to receive any
injury. To the other, if you look at the beginning of my Lord
Admiral's letter of the 31st Oct. you will find these words, viz.: "For
stay of those ordnance coming out from Sandwich and going to Dunkirk, I thought fit to let you know that, seeing most of them
have been taken out of ships lying ashore, and that the King hath
already granted them convoy, I would not have you now intercept
them in their passage." This being plain, what needed the manifold repetitions which have been made for particular and plain directions? and which have caused anger and trouble. Therefore, speak no
more of it, but do you forget it while I endeavour to excuse it here.
Concerning the convoy money, I can [not] give you an exact account,
but I have written both to C[apt.] Percival and his man for it, and
you shall have it when it comes next week. I have not yet received
what they have already sent up, so that the dividend will be late, I
believe not till the middle of December. I thank you for the man
released, and for my brother, who I fear is too great a trouble to you,
but if he will follow the advice I have given him he shall be as little
offensive as may be. Lord Conway is made Lord Marshal of Ireland,
and is to go and settle himself there for good and all shortly, which
I am not sorry for one jot. The Lord Deputy is great at Court, and
makes the King large proffers of assistance from Ireland against Scotland. That business is consulted upon very diligently and often,
and it is thought you must [go] again to the Frith; but not a word
of this; I will tell you more shortly. Two commissioners of theirs
[the Scots] came hither last week, viz., the Earls of Lodaing [Loudoun] and Domfarlin [Dunfermline], and upon their arrival sent to
have admission to kiss the King's hands. His Majesty returned
them answer that if they came on their own business they should
be admitted to his presence, but if from the public he would first
see their commission in writing, and if they had none they should
return from whence they came to fetch one. They sent him word
that they came from the Council of Scotland to deliver a message to
his Majesty in public, before the whole body of the Lords, which
was denied them, and so in the beginning of this week they went
away much disgusted. The warrants for new writs for ship-money
are given out, and so much as it was the second year, whereat
many murmur. I fear all will be naught, my dear friend, I could
say much, but I must not commit it to paper. If there be any considerable sum of the convoy in Capt. Percival's hands I think you
shall do well to detain it there, if you have occasion to use any there,
and so save the labour of sending it up, and then we may proceed to
the dividend the next week. Therefore, if you be so resolved, pray
cause him to send me the whole sum of what is due to the last of
October, and then your winter convoy is to begin. I am called
off, and therefore must conclude. [4 pp.] |
Nov. 15.
Queen Street. |
60. Algernon Earl of Northumberland to the same. Prince
Maurice, third son to her Majesty the Queen of Bohemia, being
upon his return to Holland out of France, has desired a vessel of
his Majesty's for his transportation; wherefore, upon receipt hereof,
you are forthwith to cause the Expedition, if you think her fit, or
else some other vessel of the fleet most convenient for that service,
to stand presently over for Dieppe, requiring the captain thereof,
upon his arrival there, to go on shore, and to acquaint the Prince
with the cause of his coming, and when his Highness shall think fit
to come on board to receive him and such as he shall bring along
with him, giving them the best accommodation he can, and to transport them to such port in Holland as the Prince shall desire, when,
having seen them safely landed, to return without delay to you in
the Downs. Yours of the 12th and 14th are come to my hands, and
whereas in the first of them you still complain for want of a particular direction for seizing those pieces of ordnance which are now
out of my power, if you peruse mine of the last of October, in the
beginning thereof you will find as much as needs to be said in this
business. As for your desire to know whether those cables and
anchors you have lately taken up in the Downs may be disposed of
there or not, I shall give you my resolution therein very shortly.
I thank you for the care, which I perceive in your other letter, you
have had of my business in taking up those ordnance on board that
ship, and I desire your further diligence therein. As for your resaluting of the Hollanders, I have yet no order, and therefore you
shall do well to forbear till his Majesty's pleasure be declared to the
contrary; but an extraordinary ambassador being now come from
them to give his Majesty satisfaction for the insolency lately committed by their fleet in the Downs, I doubt not but that I shall
shortly send you order to return them the accustomed civilities.
[2 pp.] |
| Nov. 15. |
61. Statement by Richard Hollings respecting the Recusants'
revenue for the south, received by him between the 1st May 1639
and this day. Totals, 4,150l. 6s. 0¼d.; paid over, 1,714l. 12s. 0½d.;
leaving 2,435l. 13s. 11¾d. in hand. [¾ p.] |
| Nov. 16. |
62. Petition of Ann Adey, on behalf of her brother Lionel Locker,
prisoner in the White Lion, Southwark, to Archbishop Laud. Petitioner's brother, living in the town of Cranbrook [Kent], and being
acquainted with Dr. Abbott, minister of that place, had some conference with the doctor concerning a sermon he made, and as it
seems he asked him some question or said something that was displeasing to the doctor, who caused a pursuivant to take petitioner's
brother one Sunday and carry him to the above-named prison,
where he has remained a quarter of a year, not even giving him
time to dispose of his goods, house, or servant, so that he is destitute
of means and ready to famish in prison. Prays order for his release,
neither the doctor nor any other prosecuting against him. Underwritten, |
|
62. i. Reference to Sir John Lambe to examine the truth of these
suggestions, and give Archbishop Laud an account, that
such further order may be taken as is just and fitting.
Nov. 16th, 1639. [1 p.] |
Nov. 16.
Exeter Palace. |
63. Bishop Hall of Exeter to Archbp. Laud. I should be very
unthankful if I did not acknowledge every one of those lines of so
long a letter, written with your own hand [see 11th inst., No. 38],
a new obligation to me, who know the price of your time; yet the
matter of them binds me more. Those animadversions were so just
that I had amended divers of those passages voluntarily ere I
received this gracious admonition, for I only sent you the rude draft
of what I meant to polish in the expression. You observe truly
some mitigations in stating the cause, which I confess to have purposely used, out of a desire to hold as good terms with our neighbour churches abroad as I safely might. You know well how
tenderly Dr. Field and B[ishop] Downam have handled that point; if
we may make the case sure for us, with the least aspersion cast upon
them who honour our government and cannot obtain it, I conceived it better, especially since the Scottish case so palpably differs,
yet I would so determine it as that nothing but necessity can either
excuse them or hold up the truth of their being. In the presbytery
I must fall foul of them, howsoever. That clause of abdication was
inserted with respect to the present occasion; I shall willingly
abdicate it. Those many scruples, which may arise and must be
met with in this cause, will be avoided, if we do plainly and shortly
state the question, thus: whether the majority of bishops above
presbyters be by divine institution? which, if we make good, is as
much as can be reasonably desired; for what Christian can think it
safe or lawful to depart from that which Christ and his apostles
have set in his Church, with an intent of perpetual continuance? I
have noted in my discourse those two sorts of adversaries, and with
respect to them put in those two words, "lawful" against the first,
and "divine" against the second, though the latter in the tractation comprises both. We shall not much need, I hope, in this
way to come within the ken of that Roman rock of jus divinum
mediatum, although it must fall into our mention. Shortly, I shall
take careful heed to those points which your Grace adviseth, and
when I have laid my last hand upon the first part, whereof each
clause must bis ad limam semel ad linguam, I shall transcribe it
and send it to you for your full and free censure. [Endorsed by
Laud: "Received Nov. 18, 1639. The Bishop of Exeter's answer
to those animadversions I made upon the heads of his intended book
for episcopacy." 1½ p.] |
| Nov. 16. |
64. Lord Treasurer Juxon and Francis Lord Cottington to the
Receiver-General of his Majesty's Revenues in co. York. These are
to require you, by virtue of the Privy Seal dated Jan. 17, 1633-4, to
pay to Major Norton, for the payment of the dissolved garrison
and pensioners at Berwick, for the half-year ended at Midsummer
last, 210l., taking his acquittance for the same, and you shall have
reimbursement thereof upon your next account to be yielded to his
Majesty for your office of receivership. This being for a company of
poor aged men, you may not fail to make speedy payment thereof.
[Copy, with an underwritten note of a like warrant of 195l. for
Midsummer last. 16th Nov. 1639. 1¾ p.] |
| Nov. 16. |
65. Attorney-General Bankes to the Clerk of the Council attending. I desire to have copies of the Council's letters to the Lord
Lieutenant or Deputy-Lieutenants of co. Lincoln, touching the providing or mustering of men for the late Northern Expedition, and of
such letters as were sent to them for the examination of the abuses
of divers officers who took money to discharge soldiers who should
have been employed in the said service. [¾ p.] |
| Nov. 16. |
66. Account of Sir William Russell and Henry Vane of shipmoney received by virtue of the writs for 1638; total, 46,818l. 6s. 1d.;
leaving 22,931l. 13s. 11d. yet unpaid. Mem.—Since the 28th Oct.
last 158l. 6s. 6d. [of the 1637 arrears] had been paid. [1 p.] |
| Nov. 16. |
67. Account of ship-money for 1638 levied and in the hands of
the sheriffs, viz., 2,587l., making the total levied and paid 49,405l.
This week 80l. of the 1637 arrears were paid, but no part of the
1635 or 1636 arrears. The arrears were, for 1635 = 4,536l.; 1636
= 7,181l.; 1637 = 19,731l.; 1638 = 22,931l. [1 p.] |
| Nov. 16. |
68. Particulars by Capt. William Legge of brass ordnance,
corslets, arms, and munition remaining in store at the Tower of
London. Against "Corslets wanting head-pieces," Sec. Windebank
has written "These shall be completed by Candlemas." [1 p.] |
| Nov. 16. |
Order of the Commissioners for Gunpowder and Saltpetre.
Samuel Cordewell, his Majesty's gunpowder maker, having this day
acquainted the Lords that Mr. Vincent, one of the deputy saltpetremen, desired him to amend a barrel of decayed gunpowder
weighing about 1 cwt. beside the cask, it was ordered that Cordewell should be permitted to renew the same, and further that he
should do his best to discover in the renewing thereof, and also of
any other decayed powder that he should have leave to renew,
whether the same were home-made or foreign saltpetre, and make
it known to the Lords as he should from time to time discern the
same. [Copy. Vol. ccxcii., p. 106. 2/3 p.] |
| [Nov. 16 ?] |
Minute that Samuel Cordewell this day acquainted the Lords that
the East India saltpetre which, by virtue of a letter from the Lord
Treasurer and Lord Cottington, he has now received in part, and
whereof he is shortly to receive the rest, proved so good in the
refining as he will forbare to demand an allowance for refining it
till he shall see at what rate he may do it. The Lords were well
pleased with Mr. Cordewell's clear and ingenuous dealing therein,
and willed that a memorial thereof should be entered in the book
of saltpetre business. [Copy. Ibid, p. 107. 2/3 p.] |
| Nov. 16. |
Order of the Commissioners for Gunpowder and Saltpetre on the
petition of Edward Thornhill, deputy saltpetreman for Bedford,
Hertford, Buckingham, and Northampton. Let Mr. Poole make a
deputation for Francis Cordewell to be deputy for making saltpetre
in the above-named counties in place of petitioner, and upon the
same conditions and security to bring in the like proportion of
saltpetre weekly as petitioner was obliged to deliver into his
Majesty's store. Petitioner not to be discharged from his obligation
until Cordewell shall have given security to perform this service, and
Thornhill shall have brought in all such saltpetre as he is in arrear
for the last year's proportion. [Copy. Ibid., p. 108. 4/5 p.] |
| Nov. 16. |
Order of the Commissioners of Gunpowder and Saltpetre upon
the petition of Richard Collins. We desire Samuel Cordewell and
Richard Poole to examine the accounts and agreements between
petitioner and Oswald Pinkney, and to make a final accord and
agreement between them, if they can, or otherwise to certify us
what they find to be the truth of their differences, and through
whose fault it is that they cannot end the same. [Copy. Ibid.,
p. 108. 2/5 p.] |
| [Nov. 16.] |
Minute that all the saltpetremen, except Mr. Emerson, who are
certified by Mr. Poole to have failed in bringing in their full proportion of saltpetre, are to be warned to attend the Commissioners
for Saltpetre and Gunpowder on the 30th inst. [Copy. Ibid.,
p. 108. ¼ p.] |
Nov. 16.
Whitehall. |
Order of the Commissioners for Saltpetre and Gunpowder. That
Mr. Fletcher shall have for all the Barbary saltpetre which he has in
his hands after the rate of 45s. per cwt., and that Samuel Cordewell,
his Majesty's gunpowder maker, shall refine the same, and shall
have for so much as it shall produce after the rate of 4l. 6s. 8d.,
being the same rate that was formerly allowed to Cordewell for
Barbary saltpetre, whereof the officers of the Ordnance are to take
notice, and accordingly to take order to see the said saltpetre
weighed, when it shall be delivered by Fletcher to his Majesty's
gunpowder maker, and to keep a true account and register thereof,
according to the Lords' order of the 9th February last. [Copy.
Ibid., p. 119. ½ p.] |
Nov. 17.
St. Cross. |
69. Dr. W[illiam] Lewis to Archbishop Laud. Your letters
[to the Dean and Chapter of Winchester, of the 13th inst., see
p. 93, No. 47], signifying his Majesty's pleasure concerning the happy
decision of our copyhold controversy, were yesterday read in the
Chapter House, Mr. Dean having opened them before, in expectation
of great satisfaction to his long conceived hopes. The clause of favour
intended to the present Dean, for reasons known to his Majesty,
whereof we are well content to be ignorant, has sweetened all the
rest, and was received with frequent uncoverings of the head and
great submission. Glad he seemed to be, that though you disliked
the custom, you were willing sepelire cum honore, to bury it with
honour, though I am subject to believe he had rather have seen
all the ceremonies of the new law buried instead of it. The chapter
ended, he retired himself to his farm to take the air to digest this
honour and the statute (which he thought, if he did not say it,
would never have come), against three lives. There is only one
circumstance, about the time when this order should commence,
that troubles us, concerning which Mr. Dean and the chapter
purpose this week to petition you for your interpretation of it,
because the time limited and appointed in your letter, that it should
begin at this audit, seems not to suit with your former commands
and the present occasion. I am afraid I did not clearly enough
express myself in the information, and therefore desire leave and
pardon once more to represent the case to you as it now stands.
The elective copyholds were by the chapter restrained this time
two years, and upon Mr. Dean's complaint and our remonstrance
were by you accordingly suspended ever since. We conceive then
that his Majesty's pleasure and your meaning is that this order
and these rewards should begin where the other injurious custom
stopped, and so the question about the suspended copyholds would
be resolved by this distribution out of them to those that then bare
office and were unrewarded for it, and these rewards would end at
this audit, having gone round all the prebendaries but one that
have been in office, just when our new statutes begin to take place.
Otherwise, if the distribution should begin but now (besides that
it is supposed it would imply some contrariety to the statute we
must be sworn to, that appoints all fines for dividend), the officers
of the three years last past, which were all the chapter of that time
except one, would be passed over without any reward at all, and
the fines of the copyholds then void, and one way or other due to
them, whereof some are gone, as Dr. Goad and Dr. Lany, would be
employed in rewarding others that had neither part in the service
nor right to the fines; or else, which is the main inconvenience,
Mr. Dean, as he interprets your Grace, would take the copyholds in
specie, the three audits past that were suspended and then these
rewards for three years to come, and so would hedge in six years'
benefit towards the funerals of this pernicious custom, whereas we
conceive his Majesty's order and your purpose intends him but
three years' advantage by it; and of those six, the three first years
past, not mentioned in the order, would be of far greater benefit and
advantage to him than ever he or any of his predecessors had yet,
there being, as I have informed you, a copyhold actually void that
fell in one of those years, 1637, worth 300l., which he lays claim to
for one of two yearly choices, though they never had but reversions
and not estates actually void, and the church intends to turn it
into a leasehold for 21 years. But you conceived, perhaps, that the
dean and the officers had enjoyed their choices till now; but we
restrained them first ourselves, and after by your order, in expectation of this resolution. If you will be pleased then to interpret
and express it thus, that the order shall begin at the audit in the
year 1637, when the elective copyholds were by you first suspended,
it will end at this audit, though it begin the execution of it now.
It will take away all doubt, controversy, and complaint. The order
will begin where the rewards first stayed, at the seniors, whereof I
was one, with the best rewards of 40l., which year the copyholds
were best by much, and end with the juniors this year, with the
least of 10l., and all contestation about the estate void of 300l.
will be silenced, which will alone serve almost to defray all the
rewards allotted, that otherwise Mr. Dean would swallow, but for
one of six choices for the three years passed and undetermined, and
yet expect the compensations of this order for the time to come.
Apologizes for the length of this letter, and ends thus: But since
your charity will descend so low as to the meanest necessity of
every church, even this will help to make up a wreath for your
crown in the next world, how little thanks soever you have for
all your pieties in this. [Endorsed by Laud: "Dr. Lewis. Concerning an interpretation of my letters about the time for their
rewards for copyholds, &c. Received November 21, 1639." 3 pp.] |
| Nov. 18. |
Grant of a protection to John Milward and Thomas Milward, his
son, for one year. [Docquet.] |
| Nov. 18. |
Warrant to pay 400l. to Sir Jacob Astley, governor of the fort
at Plymouth, to be by him disbursed in repairing the said fort and
mounting the ordnance. [Docquet.] |
Nov. 18.
Westminster. |
70. The King's writ to the Sheriff of Middlesex and others, for
providing a ship of 400 tons, with 160 men, properly equipped for
war, and furnished with provisions for 26 weeks, to be ready at
Portsmouth on the 1st April next. [Latin. 2½ pp.] |
Nov. 18.
Westminster. |
71. The like to the Mayor and others of Bristol, for providing a
ship of 64 tons, with 26 men, to be equipped and furnished, and to
be ready at Portsmouth on the 1st April next. [Latin. ¾ p.] |
| Nov. 18. |
72. Statement of the number of ships assigned to the several
shires of England and Wales, together with their tonnage, number
of men, and charge, and the sums set on the corporate towns in each
county for ship-money. [10 pp.] |
| Nov. 18. |
73. List of such counties wherein are more than two corporations,
together with the names of the corporations, and what ship-money
is assessed upon those counties and corporations. The counties
named being Berks, Cornwall, Devon, and Dorset. [2 pp.] |
| Nov. 18. |
74. Similar list of such counties as have in them but one corporation. The counties named are Bedford, Cambridge, Cumberland,
Westmoreland, Cheshire, Durham, Leicester, and Middlesex. [1 p.] |
| [Nov. 18.] |
75. The King to the Mercers' Company. We have lately received
information concerning one [John] Jemmett, clerk, who was some
while since placed by your company in Berwick in the quality of a
lecturer, that he has not behaved himself so orderly and peaceably
there as he ought and as these times in that place do more especially
require. We hope that this his factious disposition was altogether
unknown to you when you sent him thither; howsoever we think
it very fit that he be no longer continued lecturer in that town,
and therefore we hereby require you that Jemmett receive no
further salary from you for preaching, and we have required the
Bishop of Durham to take care accordingly that he preach no more
there; but if in his room you shall name and appoint George
Sydeserff, born in Scotland, who is recommended to us for an
orderly clergyman, and one every way well affected both to our
service and the discipline of the Church of England, and who has
suffered for us in the troubles in Scotland, we shall take it well
from you, and we expect that you deny us not this our just and
reasonable request. [Draft in the handwriting of William Dell,
amended by Sec. Windebank. ¾ p.] |
| Nov. 18. |
76. Sec. Windebank to Bishop Morton of Durham. His Majesty,
understanding that there is one John Jemmett, a lecturer, in Berwick,
who preaches seditiously there, which is of very ill consequence to
his Majesty's service, has commanded me to signify to you that you
forthwith cause him to be silenced and to depart from thence, and
in case you can find sufficient matter to call him into further
question that you cause articles to be exhibited against him in
your Court of High Commission, and there proceed legally against
him. Of this you are to give his Majesty speedy account, whereupon you shall receive further direction herein. [Draft. ¾ p.] |
Nov. 18.
Whitehall. |
77. The King to Sir John Heydon, Lieutenant of the Ordnance. Upon sundry occasions for our service we have taken
notice of the great want in this kingdom of artificers skilful in the
making of firelocks for pistols and carbines and other the like
services, and being well satisfied of the ability and skill of Henry
Lemaire, by himself and servants, to undergo such employments of
that nature as from time to time we shall have cause to use him in,
so that a convenient house were allotted to him for the exercise of
his and his servants' trades. Forasmuch as we are informed that
there is a house at present void near you, lately in the possession
of Mr. Arnold, we require you to cause the possession of the said
house, with all materials whatsoever belonging to us to be delivered
to Lemaire, for which this shall be your warrant. [Signed. 1 p.] |
Nov. 18.
Devon. |
78. Sir John Pole, Sheriff of Devon, to the Council. I received
not your letter of the 20th October until the 16th inst. For answer
thereto, there was imposed upon the whole county of Devon 3,150l.
[ship-money], whereof 481l. was assessed upon the 12 corporations;
and according to directions from the Board I met with the mayors
of the said corporations and assisted them in making their general
assessments. The particular assessments by his Majesty's writs
directed to them, and likewise the gathering and levies by distress,
were to be performed by the said mayors, so that I hope I shall not
at all be charged therewith. Concerning the residue of the 3,150l.,
which amounts to 2,669l., I have used my best endeavour in
collecting and levying the same, and have paid to the Treasurer of
the Navy 2,546l. 9s. 6d. I have also returned 79l. 0s. 8d. more, which
I hope before this time is likewise paid in. These sums amount to
2,625l. 10s. 2d., so upon my charge there remains only 43l. 9s. 10d.
unpaid. All which I have particularly set down, for that by your
letters I am given to understand that there is an arrear of 763l. behind
upon my charge. For that divers of the constables have of late come
to me and have denied to levy distresses upon some who refuse
payment, pretending that they have been threatened to have actions
brought against them for doing thereof, they have been so much
frightened as I am forced to issue warrants to my own servants and
ministers to levy the same, so as my attendance at the Board at
present will rather retard than further the service. There are
divers who, shortly after the rate made and before I could gather
the same, died and left their estates scattered among their children,
and some also who sold their estates and departed out of the country,
so as I cannot levy it. I desire your direction what I shall do
herein, for which purpose I have appointed my under-sheriff to
attend your commands. [Seal with arms. 1 p.] |
| Nov. 18. |
79. Petition of Honor, wife of George Cotton, to Archbishop
Laud. Complains of the ill-treatment of her husband, who upon
her marriage promised to settle on her for jointure 30l. a year land;
but now, having wasted and consumed his property all but 20l. per
annum, paid him by Nicholas Pledall, has left her and her children
ready to perish. Prays order for her relief. Underwritten, |
|
79. I. Reference to Sir John Lambe to consider of the above, and
to give the petitioner the best directions he can for her
just relief, in case he finds the suggestions true.
Nov. 18th, 1639. [1 p.] |
Nov. 18.
Queen's College. |
80. Dr. Chr[istopher] Potter to the same. The former seats of
our citizens at Worcester in the west end of our cathedral, all fixed,
took up fully two spaces of the church, built by an ancient bishop,
whose tomb-stone, his only monument, was wholly covered and
obscured under them. They rose by degrees as high as the bottom
of the west window; there the senators and their wives sat in
pomp and more state than in their guildhall. They were erected
but of late, in Dean Hall's time, as I have heard, who was the
engineer to contrive them in that form. On Sunday mornings,
before sermon, during the choral service, some walked and talked
in the nave, others gathered their auditors about them in the seats
and read to them some English divinity so loudly as that the singers
in the choir were much disturbed by them; all despising that
service. The vicar-general being there, and observing, as it was
easy, that those seats dishonoured that goodly fabric, wrote his
letter to the dean, my predecessor, and the chapter, directing them
to take them down. The citizens hereupon fly to their oracle and
asylum, the old bishop (of late feeble, now lusty), who has, indeed,
debauched that people, otherwise tractable to reason, by his popular
fawning and flattering them in all their fancies. Upon his letters
to you you were pleased to reprieve the seats awhile, but upon the
late hearing of our differences before you you renewed the commandment to us, and accordingly we took them down. At that
time the sermon place assigned by you was at the west end of our
choir, which all reasonable men must confess to be fitter than the
west end of the church, which they petition for with so much passion
in all regards. 1. It is more spacious and capable, opening into a
large cross aisle. 2. It is more commodious for the eminent sitting
of their magistrates upon the ascending steps. 3. It is warmer;
no door at all there opening out of the cathedral save one small one
into our cloister, behind a great pillar, and the large cold north door
opening a little above their old desired place. The complying
of our weak silly bishop and these silly weak ones of my company,
I except Dr. Smith, who will give you a good account of his subscription, has put them into such a fury and malice against me,
Mr. Broughton, and Mr. Tomkins as is hardly to be imagined. They
take this for a persecution of the gospel, and us to be the authors of it,
and you, so far as they dare. I have often told them it is his Majesty's
gracious and pious direction, conformable to all antiquity, that no
seats shall be fixed in cathedrals; and have often put them in mind
of his Majesty's late letters to them, commanding them to frequent
our choir service on all Sundays, holidays, and their eves. The sermon
place is not much material if their seats be moveable and if they
frequent our service. The times are crazy, and I hope your wisdom
and goodness may, for our peace and quiet in that place, yield a
little to their folly. I beseech you, and with me Dr. Smith also,
that on the former conditions, which they say will content them,
you will gratify them with their own old beloved place till that
mistress of fools, their own experience, show them the vanity
of their desires and the wisdom of your direction and choice for
them. [Endorsed by Laud; "Dr. Potter's answer to the petition of
the city of Worcester." See 8th inst., p. 79, No. 26. Seal with arms.
2 pp.] |
Nov. 18.
Tredington. |
81. Dr. William Smyth to the same. Attending lately our
church audit I met there a petition drawn by the Mayor of
Worcester and his brethren to be preferred unto you, and the bishop
joining with them. There were of the prebends who likewise set
to their hands and among them, ere now, I suppose you have read
(I hope not disliked) mine; the occasion of which concurrence I
beseech you to understand, that his Lordship in person visiting our
church about Michaelmas was petitioned by the city to move the
dean and chapter for their better accommodation of a preaching
place, and to be restored to that whence they were removed.
Whereto there being answer made that the alteration was by your
order, and no more was left us therein but to obey; my Lord then
urged his desire to as many of us as were present to join with him
in suit to you that they might be brought back to the west end
of the cathedral, their old place; not to use it after the same
manner, having fixed seats and with degrees exalted, but that they
might be moveable and equal for height, unless the mayor's seat
and some few were a little more eminent. This was the proposal,
and hereto I was not unwilling to subscribe; but the city petition
being not drawn accordingly, I held off my hand awhile and should
have done so altogether had I not been swayed by other circumstances, for I crave your leave to acquaint you that the place
appointed at the west end of the choir is extremely complained of,
for some things more I presume than there is cause ; but the common
cry has been against it. And then the preaching being removed to
the choir to give some better content, that upon trial is found
likewise inconvenient, and has little less dislike. Indeed, the
choir can be no fit place to be continued; that and the aisles,
they say, not receiving half their great auditory; for a greater I
have not seen but that at St. Paul's. Besides this last summer I
observed some faintings and the manifest danger of their being
crowded so together. Whereof I held it my duty to make this
representation to you, to show the reasons of my appearing in the
petition and the truth of what I know, with some trembling hope
that for the great and general content of that place and for reconciling
the church and city, near neighbours, but now too distant in
their better affections, it may stand with your good pleasure to
grant petitioners their desire; which if you shall please to do with
your approbation they may have their afternoon lecture again in
the cathedral, a thing very much desired, which now is sometime
in one sometime in another of their parish churches, but very inconveniently in respect of the multitude of hearers. I suppose Mr. Dean
will be opposite in his liking to neither, with condition of conformity
in the citizens to frequent our prayers as they are required, wherein
I shall be their remembrancer as often as I come there. That I
thus presume to take on me the bold part of a too tedious mediator,
though my relation sometime to the city may seem to lessen the
fault, yet must I with all submission crave your pardon, by whose
favours I have been long enlivened. [Seal with arms. 1¾ p.] |
Nov. 18.
The Six Clerks' Office. |
82. William Carne to Richard Harvey, at Mr. Porter's house in
the Strand. I earnestly entreat you will not have a bad opinion of
me that, according to my promise, I did not pay those moneys due
to you. I am much ashamed thereof, and assure you I had not
failed therein but a gent, that has been in treaty with me these
two years for land of 3,000l. value, and who agreed upon the price,
has been visited this last year with so dangerous a sickness that we
could never perfect the business, the omitting whereof has been 500l.
out of my way, and disabled me to perform with you and others.
Details the unsuccessful steps taken by him to save his credit.
Prays Harvey to forbear commencing suit against him at this time,
and promises he will not fail to make satisfaction during the next six
months. [Endorsed: "To his honoured friends Sir Charles Rolles,
Sir Gervase Scrope, Sir H[enry] Radley, and Sir William Handsard,
present these." 1 p.] |
Nov. 18.
Stoke Park. |
83. Thomas Cooke to the same. You shall receive from Mr. Lee
a doe from Lady Crane, out of Stoke Park, which I desire you to
present to my master [Endymion Porter] with my lady's service.
I further entreat that the bearer may speak with my master, not
that he has any business, but to deliver a letter into his own hands.
[1 p.] |
| Nov. 18. |
84. Notice to Francis Fecmane, or Feckman, to appear at the
Council table the 25th inst. to answer concerning his conducting of
Bedfordshire soldiers forth of the north parts. [½ p.] |
| Nov. 18. |
85. Receipt of Claude Nouveau for 3l. 10s. paid by [Edward]
Read, by order of Mons. Duproy, for a watch in a gold case enamelled.
[¼ p.] |
| Nov. 18. |
86. Rough notes and calculations by Windebank respecting the
proportions of muskets, pikes, and other arms for horse as well as
foot in an army of 35,000 infantry and 3,000 cavalry. [1½ p.]
Annexed, |
|
86. I. Statement, apparently the result of the above. There should
be 17,500 muskets towards the number of 35,000 foot,
whereas there are but 8,447, and 4,000 from Ireland; so
remains to be supplied 5,053. There should be 17,500
pikes, whereas there are but 4,539, and from Ireland
4,000; so remains to be supplied 8,961. [⅓ p.] |
| Nov. 18. |
87. Statement of arms for horse and foot in store at Berwick,
Carlisle, Newcastle, and Hull. Arms at Hull returned out of the
field, and wanting repair. Underwritten by Sec. Windebank, |
|
87. I. If this money be impressed to Capt. Legg he will undertake the work shall be done by Candlemas. [2¾ pp.] |
Nov. 19.
Edinburgh Castle. |
88. Patrick Lord Ettrick to the King. I have received your
letters dated from Whitehall, which I shall obey. I have been all
this while busy about the works, which I have conceived to be very
necessary; but I fear the season of the year will prevent me to get
all perfected according to my desire. But as they are I hope, if you
find a means to supply me with such ammunition as I want, I shall
not care much for the people here. My Lord Commissioner, to my
certain knowledge, and myself also, have in vain used our endeavours;
but we find the people more ready to cut our throats than to let
us have one barrel of powder or match. My Lord Commissioner
has been very careful to pay the soldiers and cannoniers, of whose
good performance I am very confident. He has also been careful
to furnish me with all things necessary for the works which might
possibly be procured, and with as much victual as, if we want not
water, I hope the castle, without further supply, may relieve itself
until the 1st May, but I have not ammunition for one month of hot
service. It shall be my care to make all things go as far as may
be; but I desire your Majesty, if it be possible, that I may have
supply of three lasts of powder and three fats of match, with
demi-culverin, sacker, minion, falcon, and falconet shot of each
sort one ton. If your Majesty should send a ship with English
beer to Leith, and enclose some barrels of powder and match in
barrels of beer, I believe, if trusty and skilful persons have the
ordering thereof, it may take good effect. By my Lord Commissioner's means and mine own here are now about a hundred soldiers
with their officers, and the English cannoniers and artificers, who
are twenty-one. In case of service there will be need of one
hundred soldiers more; therefore my Lord Commissioner has given
me order to receive some of his own servants in his absence, if I see
occasion, but I should be glad to be sure of one hundred in case of
service. If I should be so confined here as not to find a way to
receive notice from your Majesty within what space to expect aid,
if your Majesty send one of your ships into Leith Road I may understand by shooting off pieces of ordnance, one being shot off for each
week, within how many weeks I may expect relief, and for every
week that I think myself able to subsist I will discharge one piece
of ordnance in answer thereto. This must be done on a calm day,
or else the pieces will not be heard from thence to the castle; for
this notice I shall give good attendance. I beseech you, for God's
cause, to hearken to your Commissioner, and not disagree with this
headstrong people, unless you come against them with an army
befitting your royal person, and by which you may be sure to
command them as their King. I desire this for your Majesty's own
honour and the good of all your loyal subjects. And for my own
particular, I shall be as ready to die in the defence of my charge as
to live. I pray God I may not suffer here for want of necessaries,
for if they know here how ill the castle is provided I believe they
would be too soon ready to attempt it. I humbly leave all this to
your consideration, beseeching you to let me receive particular
directions by my Lord Commissioner, and your Majesty may rest
assured that I will sooner lose my life than let your Majesty receive
prejudice for your gracious favour to me, for which, as I am by
special duty and service bound, I shall ever show myself your
loyal subject and humble servant. [Endorsed by Sec. Windebank:
"Lord Ettrick, alias General Riven, to his Majesty. Delivered to me by
his Majesty, 28 Nov., at Whitehall." Seal (broken) with arms. 1 p.] |
Nov. 19.
Eyton. |
89. William Lord Maynard to Sec. Windebank. I have understood, how truly I know not, that you are willing to entertain a
servant to wait upon you and to write under your secretary. I
shall, therefore, humbly crave leave to recommend unto you a young
gentleman and near kinsman of my wife's, Mr. Barnardiston, to
attend you in that kind. Details his capabilities and merits, his
parents being descended from the best families in Suffolk. If you
shall please to enquire further, his antecedents are well known to
Mr. Comptroller and Sir William Becher. I would have waited
upon you myself to have tendered this suit in person, but my wife
is at this time very weak. [¾ p.] |
| Nov. 19. |
90. Certificate of Peter Heywood, Justice of Peace for Westminster, addressed to the Council. That William Yelverton, of
Rougham, Norfolk, had voluntarily taken the oath of allegiance
before him. [⅓ p.] |
| [Nov. 20.] |
91. Petition of Sir Basil Brooke to the King. Some proceedings
have been of late in the Court of Wards touching George Keynsham,
a lunatic, wherein petitioner, with some others, are in some sort
interested. The name of Keynsham is used by some contentious
person in suits raised to work vexation, the cause being proper to
the Court of Wards. Prays reference to Lord Cottington to call
before him all parties concerned, and to make an end either
arbitrarily or judicially as he shall find to be just according to the
merits of the cause. [½ p.] |
| [Nov. 20.] |
Copy of the above petition of Sir Basil Brooke. Underwritten, |
|
I. His Majesty is pleased that all the proceedings which
have been in the Court of Wards concerning George
Keynsham shall receive a final end in that court before
Lord Cottington, who is commanded to call Keynsham
and others before him and to end this business either
arbitrarily or judicially according to justice; also to
supersede any suits which either have been or shall be
commenced in any other court at Westminster touching
the aforesaid matters. Whitehall, 20 th Nov. 1639. [See
Book of Petitions, Vol. cccciii., p. 118. ¾ p.] |
| Nov. 20. |
Petition of the Mayor, Aldermen, and Common Council of the
City of Bristol to the same. The Kings of England by letters patent
have granted power to petitioners to elect one of the burgesses of
the said city to be chamberlain thereof during their pleasure. Upon
the death of the late chamberlain, Ralph Farmer, amongst others,
petitioned for the vacant office, but not being at that time either a
burgess or a freeman of the city he was not conceived capable of it
by our charter, and we freely elected William Chetwyn, a merchant
bred in foreign parts and a sworn burgess, of whom we had good
experience for 20 years. Two days after the election Ralph Farmer
was at his own request sworn a freeman and burgess, and subsequently procured a letter under the royal signature signifying that
some few of us, for their own private ends and to prejudice the
common liberty of the rest, have procured a precipitate election of
the said Chetwyn, and therefore your royal pleasure was that
notwithstanding the election of Chetwyn we should proceed to a
new free election, and you were pleased therein to recommend unto
us for choice the said Ralph Farmer. In obedience whereunto we
have proceeded to a new choice and have elected Farmer; but insomuch as our former election of Chetwyn was freely made without
faction or any private ends, and in no such sort as your Majesty
has been informed, we pray that it may stand with your good
pleasure to ratify the first election, or otherwise that by your good
favour and leave we may proceed to establish one of the said parties
elected, whom we shall conceive to be most fit for that place, and
swear him in according to our charter. Underwritten, |
|
I. His Majesty taking well the conformity of petitioners to his
letters is pleased to leave them free to elect such person for
chamberlain as they shall find most fit and to swear him
in that place, any former signification to the contrary
notwithstanding. Whitehall, 20th Nov. 1639. [Copy.
Ibid., p. 118. 1¼ p.] |
| Nov. 20. |
92. Petition of William Walter to the Council. Upon a petition
to the Lords preferred last year by one of the churchwardens of
Churchill, co. Oxford, complaining that petitioner with others had
been a means to hinder the repairing of that church, the Lords
ordered on the 30th May 1638 that he should acknowledge the
wrong done to petitioner for such his complaint, and further that
the Bishop of Oxford should cause a survey to be made of the
great decay of that church, and settle the rate of payment towards
it upon every man, enjoining all the parishioners to stand to such
order as the Bishop should make for the speedy repairing of the
church, as they would answer the refusal before the Lords. In
pursuance whereof the Bishop surveyed the church and made an
order directing a levy, which he sent in the beginning of last spring
to John Whitley and William Bridges, the now churchwardens; in
obedience whereunto petitioner caused his tenants, against whom
formerly complaint had been made, to tender to the churchwardens
their several rates according to the said levy, which they not only
refused, but disliking that any order was made returned the same
to the Bishop. Forasmuch as the Bishop's order has not been
pursued, the decays of the church allowed to increase, and no preparation made during this last season for the repairs thereof, and
forasmuch as the church is out of decent state, and not furnished
with convenient books, surplice, and other things fit for officiating
divine service, as upon much complaint of the minister of the church
petitioner has been informed, and for that dissensions amongst the
parishioners daily increase, petitioner prays their Lordships' consideration of the premises, and to order therein as they shall see fit.
[1 p.] Dorso,: |
|
92. I. Reference to Bishop Bancroft of Oxford to see his own
orders put into speedy execution, and in case any shall
be disobedient thereunto, that then his Lordship would
certify the names of the defaulters, when the Lords will
take such further order as shall be fit. Inner Star Chamber, 20th Nov. 1639. [⅓ p.] Annexed, |
|
92. II. Bishop Bancroft to the Council. Finds the suggestions
of the above petition to be true. He sent to the churchwardens to have his order speedily put into execution,
which has been done accordingly, and no one refuses
to pay save only those named in the churchwardens' certificate and letter annexed. Yet upon the churchwardens'
demand of their rates some four or five came to the writer
to alter the order, but not prevailing, William Mullington and William Whitley said it was an unjust order,
and that they had great wrong done them if they were
caused to obey it, Whitley affirming that though their
names only were upon malice certified, yet he knew that
none of the town, except Mr. Moorcroft and one or two
more, would submit to it, which the letter annexed proves
contrary. And this he did in such a manner that, to
bridle his obstinacy, I told him he was in my judgment a
fit man to be rendered an example for his disobedience to
authority, [in] thus peremptorily opposing the Lords'
commands. [Undated. 1 p.] |
|
92. II. i. Certificate of John Whitly and William Bridges,
churchwardens of Churchill, co. Oxford, above referred to. Thomas and John Sessions refuse to pay
and will answer it at the Council table. Peter
Minchin, William Sessions, and Thos. Shurly will
not pay until the levies that are behind be paid.
William Whitly will not pay. [Undated. ¾ p.] |
|
92. II. ii. John Whitly and Wm. Bridges to Bishop Bancroft of
Oxford. None refuse to pay save those whose names
we sent unto you, and of these William Mullington
and Thomas Minchin tell the writers they will pay.
Dare not undertake for any man for they turn
every way. Are very willing to go on with the
repairs of the church, if money could be got.
William Whitly would have us make a levy
contrary to your order, but we will do nothing
without your Lordship. Churchill, 7th Feb. [1 p.] |
|
92. III. Order made by Bishop Bancroft of Oxford for the
repair of the parish church of Churchill, co. Oxford,
according to an order of the Council of the 30th May
[1638]. For this purpose the pasture land to be rated at
24l. 8s. 6d., and the arable at 65l. 11s. 6d., amounting in
all to 90l., the sum estimated by the surveyors as requisite
for the repair of the church. This tax not to be a precedent
for other taxations in the said parish. [Signed by the
Bishop, but undated. 1¾ p.] |
Nov. 20.
Berwick. |
93. Sir Michael Ernley to Sec. Windebank. I received a letter
from you by Capt. Floyd the 14th-inst., and he will give you an
account of what you gave him order for concerning the works, with
an estimate of the charge. I hear from Edinburgh that when order
came from the King for the putting off the Parliament till June
they would not suffer it to be read. The Lords are all summoned
to be at Edinburgh this week; there is much distraction and
discontent amongst them. They suppose that the Lord Deputy
of Ireland was a great means that the King would not speak with
the two Lords Covenanters [viz., the Earls of Loudoun and Dunfermline]. Upon Saturday last General Lesley came to Edinburgh.
He tells them they shall command his service as they please, but
more care and circumspection is to be taken now than ever, and a
good sum of money must be thought upon before they [commence] proceedings. There are great store of officers at Edinburgh,
and most of them poor enough; for any other soldiers now in
readiness I dare answer for it they have none. What this meeting
may produce I know not. For ought I can hear they begin to
be sick of the business, and though they brag much, certainly they
are able to perform little. I desire you to take notice that 25 men
were taken out of Sir Humphry Sydenham's company and put
into the other companies, which was a great disadvantage to me, both
in my profit and my command. I desire you to take it into your
consideration. I have acquainted the garrison that their pay shall
be shortly established. I desire that there might be more gunners
allowed for this place. Here are but 14 and the master, which
are too little for the number of pieces we have. [Endorsed by
Windebank: "Answ[ered] 19 Decem[ber]." 1 p.] |
Nov. 20.
Berwick. |
94. Capt. Charles Lloyd or Floyd to the same. Your command
hastened me, and accordingly I performed my duty as near as
time would suffer me, to send you the card of this town with the
defects, as also an estimate, as equal as the irregularity of the
defacement can give any man leave, for some places are rather too
high, others much too low. Some places of the moat not penetrable
for rocks, others not to be dealt withall for water this winter; but
my endeavour shall not be wanting in anything his Majesty has
honoured me with. If he please to like this card and impose that
trust in me I will enlarge it to Norham and the Holy Island, or as
far as my ability can stretch. [Margin by Windebank: "To be
left to him."] The note, I hope, will be plain enough, seeing the
places are to be found out in the card by the letters specified. My
utmost ambition is that his Majesty will continue me in his good
opinion, which may haply quicken my genius to study some duty
worth his acceptance, although yet far unworthy. [Seal with arms.
1 p.] |
|
94. I. Note [by Capt. Charles Lloyd] of works necessary to be
made and repaired according to an accompanying card
or plan of the town and castle. Endorsed by Windebank:
"Captain Fludd's certificate of works to be done at
Berwick. Received 25 Nov. 1639." [3 pp.] |
Nov. 20.
Berwick. |
95. Capt. George Payler to the same. I have hitherto
addressed my letters to the Lord Treasurer and Sir Henry Vane
for their advertisement of what concerns my employment in the
garrison here, whereof, by your favourable assistance, I am paymaster. And now understanding by Sir Michael Ernley that an
especial care thereof is by his Majesty committed to you, it shall
be my duty, with your permission, from time to time to give you
an account of my proceedings, and if you will please to take notice
of my charge it will appear to be in money upon sundry warrants
from his Majesty 14,200l., and in corn and other provision already
issued out to the value of 1,532l., the complement amounting to
15,732l., whereof there is now remaining in my custody 1,800l.,
which will speedily be dispended if the works about the garrison
concerning fortifications must be prosecuted with such force as is
intended, and also that the arrears due to the captains and officers
belonging shall be satisfied upon the view of the new establishment,
as with us it is divulged. Wherefore, in consideration hereof, I
beseech your furtherance for a reasonable supply of money, lest
these his Majesty's affairs suffer for want thereof. I dare not
assume to intercept Sir Michael Ernley, whose intent is to relate what
else concerns this garrison. [1 p.] |
| Nov. 21. |
Petition of Michael Grigg to the King. Prays his Majesty to
command counsel to confer with the party who presents this service
and to report their opinions. Also that some fit person be authorised to attend the cause and to defray the charge. It were well
your Majesty should command the speedy prosecution thereof, the
parties being now upon their examination in the Star Chamber,
and they will spare no cost to smother and betray the truth. The
premises considered will bring many score thousands of pounds
into the Exchequer, and the rather because it is a leading cause to
many more of the same nature. Underwritten, |
|
I. His Majesty's pleasure is that his counsel shall meet and hear
petitioner and such others as he shall present to them.
In the event of their finding it a service of consequence,
and worthy of his Majesty's countenance, they are to
report their opinions to his Majesty, who will give such
further order for prosecution thereof as is desired.
Whitehall, 21st Nov. 1639. [Copy. See Book of Petitions, Vol. cccciii., p. 117. ¾ p.] |
| Nov. 22. |
Petition of Archbishop Neile of York to the same. King James,
by Act of Parliament in the 21st year of his reign, made an exchange
with Tobias Matthew, then Archbishop of York, for York House,
in the Strand, and divers other houses and tenements thereunto
belonging of the manor of Sancton, and divers other manors
and lands in co. York. John Hare has of late made an entry
on part of the manor of Sancton, and thereof made a lease to
James Wallis, who has commenced a suit at common law against
petitioner upon pretence of a former grant thereof made by Queen
Elizabeth, to the great loss and prejudice of petitioner and the see
of York if he shall be evicted. Petitioner hopes that your Majesty
will defend and protect him and his successors in their right and
possession of all such lands as were passed to the see of York in
exchange, he having no other evidence or assurances to justify the
said title at common law save only the Act of Parliament aforesaid.
Prays your Majesty to command John Hare to stay his suit at
common law and to refer the determining thereof to some of the
Lords of the Council, with the aid of the Attorney-General.
Underwritten, |
|
I. Reference to Archbishop Laud of Canterbury, the Lord Keeper,
Lord Treasurer, and Lord Privy Seal who are to
determine the same if they can, otherwise to certify his
Majesty where the impediment lies, with their opinions
of the whole matter, whereupon he will signify his further
pleasure, and in the meantime the suit in law is to be
stayed. Whitehall, 22 Nov. 1639. [Copy. See Book of
Petitions, Vol. cccciii., p. 115. 1 p.] |
Nov. 22.
Inner Star Chamber. |
96. Order of Council. Upon petition of George Jay, clerk,
referred by his Majesty to the Lords, showing that John Jackson,
an attorney, persuaded petitioner to join in bail with him for one
Robert Weldon, clerk, who was sued for 100l. principal debt, which
petitioner did, upon Jackson's assurance that it could not be
prejudicial to him, and that he would carefully attend the business.
But Jackson, contrarily, by combination between himself, Read,
the plaintiff, and others, purposely concealed the taking out of the
judgment against Weldon, and an execution against petitioner, and
suffered a judgment of 400l. to be laid on petitioner, for which he
was carried to prison violently, and had to pay the same. As also,
upon reading a paper subscribed by Jackson in the presence of two
witnesses wherein it is acknowledged that the said bail was accordingly entered into the 6th Feb. 1636-7, by which writing Jackson
promised to pay petitioner one half of all such damages and costs
of suit as Jay should be put to by reason of the bail so entered into,
so as the said Jay would endeavour to relieve him upon such
security as they or some of them had from Weldon, when they should
be satisfied of such engagements as the same security was given
for. Ordered that Jackson should remain in the messenger's custody
until he had paid George Jay the moiety of the money really paid
by petitioner upon his imprisonment by virtue of the said judgment,
together with his charges, or else to be committed to the Fleet.
[2 pp.] Written on the fly-leaf, |
|
96. I. Memorandum of Sir William Becher, taxing Jay's costs
in the above business at 35l., although it has cost him,
by the bill presented, above 50l. [1¼ p.] |
| Nov. 22. |
97. Separate affidavits of Thomas Mason, of Much Ashley, co.
Leicester, and Hugh Aston, of Lutterworth, in the same county,
respecting the business calendared in the preceding. [= 1⅓ p.] |
[Nov.] 22.
The Court. |
98. Order in Council. Upon complaint made by the Lord [High
Admiral] that some of his packets sent have been refused by certain
postmasters, and others carried negligently and slowly, to the
prejudice of the service under his Lordship's charge. It was ordered
that the packets signed by his Lordship or any other privy counsellor,
being an officer of State, should run and their warrants be obeyed
as formerly, and if any postmaster shall henceforth neglect his
duty in carrying any of the Lords' packets they shall be punished
for such fault; and further that the Secretaries of State, in whom
is now the power and ordering of the postmasters, are hereby
required to take notice hereof, and forthwith to give effectual order
accordingly. [Damaged. 1¼ p.] |
| Nov. 22. |
99. Affidavit of Matthew Kirkley, of Newcastle-upon-Tyne,
merchant. That Elizabeth Kirkley, widow, now inhabiting that
town, is very aged, and unable to travel to London without great
danger of her life. [½ p.] |
