Charles I - volume 476: January 1641

Calendar of State Papers Domestic: Charles I, 1640-1. Originally published by Her Majesty's Stationery Office, London, 1882.

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'Charles I - volume 476: January 1641', in Calendar of State Papers Domestic: Charles I, 1640-1, (London, 1882) pp. 402-450. British History Online https://www.british-history.ac.uk/cal-state-papers/domestic/chas1/1640-1/pp402-450 [accessed 23 April 2024]

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January 1641

Jan. 1. 1. Certificate of Sir William Balfour, John Lanyon, and Mr. Wemys to [the Council]. According to an order of October 21 from the Board we have compared the swords in the Office of the Armoury with the five patterns allowed by the Council of War. We found the swords nailed in about 100 chests, having been formerly tried, and took 10 or 12 indifferently out of every chest and gave them sufficient trial according to your order of October 14; amongst them all we found only 12 defective, but not altogether unserviceable, and broke two in the trial; the rest were as good or rather better than the patterns. But whose the defective swords were, there being so many cutlers and their swords so intermixed, we cannot learn from the cutlers then present or from any others. [1 p.]
Jan. 1.
York.
2. Sir John Conyers to Algernon Earl of Northumberland. I have received yours of December 26 and 29 and presently sent for the officers of the Guards and of the regiments ordered to remove. I had hoped the Quarter-master General would have been here long since to view the quarters you appointed, but he is not come nor is there anyone here fit to do it. Captain Yarner on my summons came to me last night; I would willingly have employed him in it, but there is no other chief officer with the Guards; and as you commanded they should remove, first I despatched him with a warrant to remove forthwith from Beverley with those three troops to Gainsborough and four places near. Captain Mynce [Mennes] is here and has sent for the quarter-masters of that regiment, and I expect Captain Pinchbeck and those from Wakefield to-night or to-morrow. As those two regiments are to lodge so near together as about Doncaster and Rotherham, I must cause them to view their quarters first, for I cannot so well ordain theirs by the card; the rather because those of the train of artillery are in those parts, and mean to remove again, for they change quarters at their pleasure and ravage throughout the country and do many disorders and pay no man a groat for anything. Daily complaints come of them and I refer the people to Sir Jacob Astley, but they pretend to be subject to no man but their own officers, nor are any of their officers here to command them. I have hitherto endeavoured that the troops should discharge their debts to the country as they have received moneys; I enclose a copy of my warrant to the Guards for their removing, and the rest shall be like. When the Scotch moneys come they shall be convoyed according to your command: here is no choice of captains to do it, so that whether the troops be removed or not Pinchbeck of my regiment or Mynce of Mr. Wilmot's must be the man, for there are no other captains in the army but Neville of mine and Vaughan of the Earl of Carnarvon's, and he lies too far out of the way and so does Sir Foulke Huncks. The new captains are not yet come nor any other officers but Sir Charles Lucas, who with the troops of Richmond shall receive the Scotch money from the other and bring it to Croft-Bridge. I fear the new and old captains and officers do all alike take leave of your Excellency and are three weeks on the way hither. Major Trafford's troop are in great disorder; they refuse to obey their officers and pretend to be free because their captain is discharged. Capt. Herne commands at Stockton and he says he has no power over the horse and so they are suffered to do all the disorders they will. The Quarter-master has come to me with his arm in a sling, being cut by a trooper; I am sending Captain Allin thither in the morning with the Quartermaster to whom I give a copy of the other paper inclosed and will give him order to bring the trooper prisoner hither who hurt the Quarter-master, if he be not gone; but when I have him here I cannot punish him. It were very good the officers came all to their commands, for the soldiers wanting money and officers to command them take too much liberty; some of the officers are ignorant enough, as the one at Stockton. I hope the 12,000l. or 13,000l. coming to us will bring all the army upon one footing to the 8th December last. [Copy. 2½ pp.]
Jan. 1. 3. Sir John Conyers to [Edward Viscount Conway]. I humbly thank you that you forget not Mons. [Henry] Hume, my wife's nephew, and I beseech your Lordship to do as you say to get the King to speak to the ambassadors in his behalf, and, if it please you, not only that the Prince of Orange will give him the troop, he is lieutenant to, when his captain, Abercrombie, dies for he may chance live long, but any other of either of the nations, when any falls void. Lieutenant Hume is well known to them both, especially Mons. Arsens. The troop lies at Nimeguen where the son of Mons. Arsens is governor, and he is very well esteemed of him and has long promised him all his assistance that way. The cyphers in my last were not to any great purpose, most to show you that I understood them. I return your own again because I have not means to copy it out. If your Lordship hath found yours again be pleased to return me this or another. I am very sorry that my Lord of Northumberland is again sick. I pray God send him health and long life, for I protest afore God next to your Lordship I love and honour him above all the Lords in the world, and ever did so since I saw him. I am now again assured he is very much displeased with me touching the burgess-ship of Berwick, wherein I did not and never did intend to do him ill service. I am informed that some have written to him from Berwick that the townsmen had resolved to choose Mr. Potter according to his recommendation, and that I came into the Town-house and by my threatenings towards the townsmen they changed their resolution; which I protest is all false, for to my knowledge all or most of the principal men in the town had promised Witherington, who came with my Lord Lieutenant's letters, their voices the day before. A friend of mine was once present when my Lord spoke of it and another sought to excuse me; and my Lord answered, "Sir John is not so simple, he knew I had formerly recommended Potter and would have him named again. And I," he said, "had done him all the courtesies I could." But this must not come to his Excellency's ear again for his sake that informs me of it. Advise me whether I should not do well to write to his Excellency at large. I have used all the means I can to get a copy of the Mayor's letter to his Excellency in their excuse for not choosing him [whom] his Excellency recommended, but cannot get it. I have caused the Mayor and his brethren to be spoken to about it and have desired a copy from them and they have refused it; which would make some men believe they have done me an injury in it. The speech goes here that Sir Jacob Ashley and Floyd, the quarter-master, will be questioned by the Parliament touching the business at Newburne. P.S.—My Lord, I beseech you that the enclosed may be delivered to Lord Wentworth. [3 pp.]
Jan. 1.
York.
4. Captain John Mennes to Edward Viscount Conway. Notwithstanding greater occasions than usual press me to beg leave to repair to London, where February 1st I have a long depending cause to be heard in the Exchequer, yet when I have looked on my Commissary's regiment without any captain but myself, I have forborn; still expecting when some of them would have returned and given me liberty. But I stand still fixed without hope of any such thing, and therefore, since I must be the drudge, I hope your Lordship will think me fit [for] some recompense; and that since Colonel Trafford is called from his command of major I may be thought worthy of that command. I have acquainted my Commissary with this, who has promised to solicit for me, and I now most earnestly recommend my cause to your Lordship. [1 p.]
Jan. 1. 5. Petition of Sir James Thynn, plaintiff in a cause in which Henry Frederick Thynn is defendant, to Francis Lord Cottington, Master of the Court of Wards. Petitioner is a member of the House of Commons in this Parliament assembled, and ought by the privileges of the same to be free from all arrest or molestation in person, goods, and estate. Yet the defendant having obtained the order annexed for an injunction to compel petitioner's tenants of the lands descended to him to pay to the said defendant their several rents has sued forth this injunction and served the tenants therewith and received divers rents and profits by virtue thereof in manifest contempt of the House and its privileges. Petitioner, therefore, prays the injunction may be dissolved, and that defendant may on his oath bring into court all rents and profits he has received thereupon, there to remain till the hearing of the cause. [Copy. 2/3 p.] Underwritten,
5. i. Reference by Cottington to the Attorney General to examine this complaint and give his opinion what he conceives fitting to be done therein touching the privilege required by Sir James.
5. ii. I have considered this petition and the several orders, and am of opinion, if you so think fitting, that the injunction granted by the last order ought to be dissolved, as it concerns Sir James Thynn's title, who ought to be privileged; and that such rents as have been received since the injunction awarded ought to be brought into the court. R. Wandesford.
5. iii. Let an order be drawn up for dissolving the injunction and for payment of the rents mentioned within into this court, according to Mr. Attorney's opinion hereto annexed. Francis Cottington, January 3rd, 1640[-41]. [½ p.]
Jan. 1.
Office of Ordnance.
6. Certificate of the Officers of Ordnance of the gunpowder remaining in his Majesty's stores in the Tower and at Portsmouth on December 1, 1640; what was received in and issued out for the King's service or sold during the month of December, and what now remains in store. Totals remaining in the Tower, 163 lasts 5 cwt. 59 lbs.; at Portsmouth, 71 lasts 23 cwt. 98 lbs. [2 pp.]
Jan. 1. 7. The account of the Collectors of the Impositions for the year ending Michaelmas 1640. Total collection of the impositions in the year, 157,612l. 15s., of which 16,792l. consists of arrears for this year in the particular collectors' hands. [4½ pp.]
Jan. 1. 8. Note by Nicholas of New Year's gifts given [by him] January 1, 1640[-41] and the two preceding years severally. Total for 1640[-41], 1l. 13s. 6d. [3 pp.]
Jan. 2. 9. Certificate of Peter Turner that he heard Sir Nathaniel Brent, Vicar-General to his Grace of Canterbury, profess to this effect; that in the late Metropolitical Visitation so far from having received instructions from his Grace to require any man to bow towards the altar, on the contrary he was instructed by him not to urge that ceremony anywhere. [Endorsed by Laud: "Sir Nathaniel Brent.' ½ p.]
Jan 2.
Nantwich.
10. Jeffery Massie to Lawrence Squibb. I have sent a petition to this bearer, in which I have shown what wrong you have done me, that he may prefer it to the High Court of Parliament that I may have satisfaction for all the wrong you have done me. Nevertheless I thought good to acquaint you of my intention, that if it please you to compound with this bearer and give me satisfaction by restitution of all my losses, I will forbear to prosecute you. If not, I will prefer my petition, which I think will tend more to your loss than if you paid me treble the damages I have sustained by you. [½ p.]
Jan 2.
Burdrop.
11. Sir William Calley to Richard Harvey. I have received my bond cancelled for the 208l. payable to the deceased Lady Anne Campbell; and Anne Bowdler's note consenting that I should pay the same 208l., due to her by her grandmother's will, to Sir Edward Wardour, her uncle, which well satisfies me, for pay it to some one I must; but what sticks with me a little is that my brother, Wardour, should so easily prevail with you to pay the money before you had the note under Anne Bowdler's hand. Procure me out of the office where it was proved a copy verbatim of Lady Campbell's will. [Seal with arms. 1 p.]
Jan 2.
Burdrop.
12. William Calley the younger to the same. Thanks for the pot of green ginger, &c.; requests him to procure some China wood preserved, and a pound of China green ginger. [Seal as above. 1 p.]
Jan 3. 13. Session book of the Council for January 1640[-41], containing the names of members present at several of the sittings of the Privy Council during the present month. The days to which these notes relate were the 3rd, 6th, 15th, 17th, 24th, and 31st, but these were only some of the days on which the Council sat. [See next page, No. 19. 16 pp. of which 9 are blank.]
Jan. 3.
Whitehall.
14. Order of the King in Council that a copy of the remonstrance this day presented to his Majesty in Council by the Committee, sent over hither by the House of Commons in Ireland, shall be forthwith sent to the Lord Lieutenant of Ireland [Thos. Earl of Strafford], and that he shall be prayed to send to his Majesty or the Board forthwith his answer in writing to the particulars therein expressed. [Draft by Nicholas. ½ p.]
Jan. 3.
Whitehall.
15. The like. That the article sent herewith presented amongst others to his Majesty by the Committee, sent over hither by the House of Commons in Ireland, shall be sent to Sir Ralph Whitfield and Sir Thos. Fotherley, late Commissioners employed by his Majesty to Londonderry, who are required forthwith to send his Majesty or the Board their answer thereunto in writing. [Draft. ¼ p.]
Jan. 3.
Whitehall.
16. The like. That an order dated March 11, 1639[-40], formerly made by the Board on complaint of the Dean of Durham against two of the tenants of that church for collecting money from the other tenants to prosecute a complaint against the said Dean and Chapter, &c., shall be totally vacated, and all persons whom the order concerns are left in the same state as before it was made. [Draft. 2/3 p.] Underwritten,
16. i. "Read at the Board Jan. 6th, 1640[-1], his Majesty being present. E[dward] N[icholas]." [Draft. 2/3 p.]
Jan. 3. 17. Archbishop Laud to the King. The Great Seal being left as it is I conceive your Majesty will bestow all livings that shall be void, and were usually in the gift of the Lord Keeper, of what value soever they be. [Marginal note by the King: "You are right."] This I took it my duty to put you in mind of, since it in part belongs to that service with which you were wont to trust me. And I am the more bold to put you in mind of it because by this means, if you please to make use of it, you may the sooner provide both for the Scotchmen who suffer, and for other men who have served you at sea. At this time I am informed that the rectory of Ashen, in Northamptonshire, is void and in your Majesty's gift. It is thought not to exceed 100l. a year. The Bishop of Brechin hath a son, if your Majesty please, ready to take orders, and may be fit for it, and by that means he may be some help to his father, who certainly needs it. If your Majesty like of this and let me know so much, I shall give warrant for it accordingly. [Margin: "Give order accordingly, C. R."] But I submit all this and my own unhappy condition to God's will and your Majesty's. Your Majesty's most humble servant, though unfortunate, W. Cant. [Endorsed by Laud: "The King's warrant [for the] Bp. of Brechin's son." 1 p.]
Jan. 3.
Ragley.
18. Foulke Reed to Edward Viscount Conway. Though it be conceived somewhat early to send to Chalcot about what you commanded me, there being a heavy house and the funeral not yet finished, yet for the preventing of others of like desire, your Lordship hath, I sent to Mr. Prescott, whose advice Sir Thos. Lucy in his lifetime made use of in his greatest affairs, to know what purpose there is for disposing of such of Sir Thomas's estate as your Lordship is desirous to deal for. He answered that there is no purpose declared yet, but he thinks there will be, and when there is he will give me first knowledge thereof. As for your command touching Luddington, I have not yet fully considered the quality and condition of those grounds, that objections, if any be, may be answered; I shall resolve your Lordship of my opinion and then refer myself to better judgments, which I shall desire you to admit, if you please to prosecute your proposition. I have sent up 60l. directed to Mr. Shalmer; the rest shall be gathered with all speed. [Seal with device. ¾ p.]
Jan. 3. 19. Book of notes kept by Nicholas of proceedings of the Privy Council at their several meetings during this month. These notes state the names of the members of the Council present on each occasion, and briefly indicate the several businesses considered and the orders made. The days on which the Council sat and to which these notes refer were the 3rd, 6th, 10th, 11th, 15th, 17th, 19th, 20th, 22nd, 23rd, 24th, 27th, and 31st. The King was present on all these days except the 11th and 23rd. [64 pp. of which half are blank.]
Jan. 4. 20. Certificate of Christopher Potter that he heard Sir Nathaniel Brent profess that in his Metropolitical Visitation he had no directions from Archbishop Laud either to press any new ceremonies or to persuade unto them. [Endorsed by Laud: "Sir Na. Brent." ⅓ p.]
Jan. 4. 21. Petition of Peter Archer to Francis Lord Cottington, Master of the Court of Wards. Petitioner having been prisoner about five months in the Wood-street Compter upon a contempt and for no other actions, on the 16th of December last obtained an order for his enlargement as appears by the annexed writing. Notwithstanding [Richard] Smith, clerk of the Compter, refuses to obey the order, and detains petitioner prisoner in great misery, although no other actions at all hinder his liberty but only that contempt. Prays you to call Smith before you to show cause why he refuses to obey the order. [Copy. ½ p.] Underwritten,
21. i. Order by Lord Cottington that Mr. Smith show cause in writing why he obeys not the order. 4 January 1640.
21. ii. Certificate of Richard Smith that the petitioner, Peter Archer, is detained under custody of the sheriffs of London by virtue of his Majesty's writ of attachment out of the Court of Wards to them directed. The rule in such cases has always been, that no writ out of any court can be superseded, nor any person detained by virtue of any writ discharged, except by his Majesty's writ of Supersedeas; for no order is a sufficient warrant for any sheriff to discharge a writ by, but it is sufficient warrant for the clerk of the court to award a Supersedeas upon for discharge of the writ. This is the usual and legal course, wherein notwithstanding the sheriffs will submit themselves to your honour. Richard Smith.
21. iii. May it please your Lordship, Mr. Awdley, the clerk of the court, can best tell the course of the court in this case, so my advice is that you send to him about it, otherwise the sheriffs will not set petitioner at liberty. R. Wandesford. [=¾ p.]
Jan. 4. 22. John Hill, M.A., rector of Holdenby, co. Northampton, to his cousin [Sir John Lambe]. Relates the news about Holdenby, &c. The labourers, which Mr. Muse [keeper of the Queen's house at Holdenby] sets down for the Queen's Majesty, do Mr. Muse's business all the year long. He has omitted many ash trees which he sold; the Council only authorized him to cut the hedgerow of thorny holm and sallow sprigs. Narrates other misdemeanours of Muse's. My wife has sent Lady Fielding two turkeys and a cake, and we thank you for your sugar-loaf. [1 p.]
Jan. 4. 23. Note of warrants for services done in the Record Office in the Tower. Warrant for 100l. to Wm. Ryley, one of the clerks of the Records, Jan. 11, 1637-8; for 60l. to the same and Wm. Collett, Oct. 10, 1637; for 93l. 2s. to Sir John Borough, July 14, 1635, for his pains and charge in search of divers records; for 69l. whereof 49l. is for Sir John Borough and 20l. for his clerks, Jan. 4, 1640-1, for services in transcribing divers copies of records concerning escuage last summer, and concerning attainders and other business to be used in this present Parliament for his Majesty's special service. [1 p.]
Jan. 5. 24. Order from Sir John Conyers to Captain John Mynce, for the present command of the regiment of the Commissary-General of the Horse. Having received order from the Earl of Northumberland for the convoying of money ordained by the Parliament for the easing of the northern counties and payment of the Scotch army; these are to require Capt. Mynce to march, when notice is given, to Battrix, or any other place to which he shall be ordered, with the troop of this regiment quartered in Doncaster; and to convoy thence the money intended for relief of the northern counties to Wetherby, Kirk Hammerton, or Boroughbridge, whichever be most convenient for Sir Charles Lucas, who is there to take the money into his custody. [Seal with arms. 1½ p.]
Jan. 5.
Covent Garden.
25. Sir William Uvedale, Treasurer-at-Wars, to Matthew Bradley. I am much troubled not to have heard from you by this return of the post, for I desired much to hear touching the payments to be made here, especially those of Dr. Turner, who afflicts me daily; and I shall be better content to pay him out of my own purse than to be at this pass, if I knew how to make his acquittances and from what day. Our Subsidy Bill is passed, which will give us credit for more money, and I hope to send you some good news of it very shortly. [Seal with crest and motto. 1 p.]
Jan. 5. 26. John Nicholas to his son, Edward Nicholas. Family affairs. Our new landlord to the parsonage [of Earls Winterbourne], one Mr. Shapley, when he was installed prebendary, desired me to pay his rent quarterly to Mr. Wilkinson, our Bishop's secretary, who is now in London waiting on his lord, and therefore I entreat you to pay him and get his hand to the enclosed acquittance, and I will send you the money by your brother. The Oxford carrier goes next Monday, he shall then carry Jack's bedding and trunk. I shall be glad to hear what the Provost has done for a chamber for Jack, and how he speeds in the Parliament House; God send us good news. I pray God they go not too far and so mar all. [Endorsed: "Received 8 Jan., my father to me, to pay 4l. 7s. 6d. to Mr. Wilkinson for a quarter's rent for Winterbourne Parsonage and he will repay it." Seal with arms broken. 2 pp.]
Jan. 6.
The Court at Whitehall.
27. Order of the King in Council. Whereas by order of the Board dated March 29, 1637, it was ordered that the bailiffs of Ipswich and such others as are mentioned and authorized by the Statute of 13 Eliz. shall by virtue thereof levy competent rates for maintenance of the same churches; and by the same order the nomination of the ministers in certain parishes in Ipswich is declared to be in his Majesty, and a rate on the parishioners directed for their maintenance according to former voluntary contributions; and certain other parishes in Ipswich were referred to the consideration of the two Lords Chief Justices and the Lord Chief Baron for the like regulation, and whereas on their report that the other parishes in Ipswich were comprehended within the Statute of 13 Eliz., it was ordered on May 30, 1637, that a competent maintenance should be taxed for the said ministers; it was this day ordered that both the said orders shall be disannulled, and that all rates that have been made by the bailiffs by virtue of these orders shall be likewise void, and that the nomination of the stipendiary ministers shall remain as before those orders were made, and that all matters contained in those orders and the parties they concern shall be left to the ordinary course of justice. [1½ p.] Underwritten by Nicholas,
27. i. This addition and alteration to this order was made by direction from the Lords the 15th of this instant January at the Board.
Jan. 6.
Whitehall.
28. The like. The Clerk of the Council now attending having this day acquainted the King in Council that he had received a warrant, from the Grand Committee of Grievances appointed by the House of Commons, to send them all orders and petitions concerning the Vintners and Alderman Abel and the Medium Merchants, it was ordered that copies of all the said orders and petitions should be issued by the Clerk of the Council for the information of the Committee. [2/3 p.]
Jan. 6.
York House.
29. Algernon Earl of Northumberland, Lord High Admiral, to Francis Lord Cottington, Vice-Admiral of co. Dorset, and the town and county of Poole. These are to require you to send me an exact list of all Scotch shipping with their goods and tackle which have been arrested within your Vice-Admiralty since the 13th of April last, not only of those yet in restraint, expressing what part of their goods have been sold, what remains in safe custody, and how the money is disposed of, but also of those that have been discharged, by what order they were freed, and to whom. Wherein the more care and expedition must be used, because a strict account is expected and will suddenly be required. [Seal of the Lord High Admiral impressed. 2/3 p.]
Jan. 6. 30. Petition of Mary Eld, widow, to Lord Cottington, Master of the Court of Wards. Richard Eld, petitioner's husband, died about August last, seized of lands, tithes, and hereditaments, in co. Stafford, part whereof are held of his Majesty in capite by knight's service, leaving Francis, his son and heir, within age, and a writ of "Diem clausit extremum" issued out to find the office, the time for finding it being by the escheator appointed, petitioner attended to have her jointure found in the said office which is one capital messuage with appurtenances in Seighford, co. Stafford, wherein her husband died, and certain other tenements and tithes which were before marriage settled on her by her late husband, but by desire of Lady Crompton, the ward's grandmother, on behalf of the ward, the finding of the office was adjourned to a further time; and meantime Lady Crompton exhibits an information on the ward's behalf, and on a motion obtains a "Supersedeas" to the said writ, and takes out a commission for finding the office directed only to the counsel and friends of the ward and on the last day of compositions this last term on the affidavit of one Clarke hereto annexed on the pretences therein expressed she obtained on the ward's behalf an injunction for the possession of all the lands petitioner's husband was seized of at the time of his death, by colour whereof petitioner fears to be violently cast out of her jointure lands and the capital messuage aforesaid; now as petitioner has a "Dedimus" granted to answer the information in the country this vacation and upon the affidavit of Robert Skarlett hereto annexed that petitioner has not entered on any other than her jointure lands and that the ward has 200l. per annum in present possession besides the jointure lands, petitioner prays that the commission for finding the office may be superseded and a new commission for finding it issue forth directed to indifferent persons, and that the injunction against petitioner's jointure may be dissolved, that so she may continue in the same till legally evicted. [1 p.] Underwritten,
30. i. Robert Skarlett was sworn in my presence December 12, 1640. R. Wandesford.
30. ii. I desire Mr. Attorney of the Wards to consider this petition and affidavit annexed and to give further order therein as he shall think fit or certify me his opinion. Francis Cottington, December 22, 1640.
30. iii. Upon consideration of these proceedings, I think fit that a Supersedeas shall be accorded to stay the proceedings upon this commission and that a new commission be awarded whereunto the mother may take her just exceptions, the rather as there is a suit depending and she has a commission to take her answer returnable the next term all which, nevertheless, I leave to your Lordship's judgment. R. Wandesford.
30. iv. Let the former commission be superseded and let a new commission be awarded in the nature of a "Diem clausil extremum," directed to indifferent commissioners to whom petitioner may make just exceptions to find the office, and let the office with a schedule and confession of the estate be returned the sixth sitting upon compositions in Hilary term next. Francis Cottington, Jan. 6, 1640[-41].
Jan. 6. Petition of Thomas Beale, lieutenant of the forest of Whittlewood, in co. Northampton, and of the keepers and under-officers, to the Earl of Northampton, master of the game for that forest. At the justice seat held for the forest in Sept. 1637 there were brought in two rolls of presentments from the Court of Swain-mote for one and the same offences, whereof one was conceived to be void by want of legal proceedings; and that for want of due exceptions thereto at the reading of these presentments, we being gone out of court, by your Lordship's special command to subscribe the boundaries of that forest, we stand fined upon each of the said rolls, most of which presentments against us depend upon the claims of the master of the game. Since which, at Woodstock, in 1638, you were pleased to remit our fines and to express so much to the Earl of Northampton, nevertheless Mr. Keeling persists in refusing our discharge for want of full fees upon those double presentments and your warrant for the same. We pray you to give order to Mr. Keeling to discharge us of these fines, we paying him our single fees. Underwritten,
Answer by Henry Earl of Holland, that it was not his intention to fine petitioners doubly for the same offences twice presented, nor that they should be prosecuted upon such fines as depend upon claims until the latter shall be determined; in both which cases they are therefore to be relieved, and Mr. Keeling is to govern himself therein accordingly, and if there remain any other fines which are not so excused I hereby direct Mr. Keeling to discharge the same, which I do at the instance of the Earl of Northampton. [Copy. See vol. ccclxxxiv., pp. 107-109. 2 pp.]
Jan. 7. 31. Schedule of charges presented by the Scotch Commissioners to the English Lords Commissioners, being the proportion of the losses sustained by the Scots in 1639 and 1640, by reason of the late troubles, which they consider it only just and kind that the kingdom of England should repay them. [Damaged by damp. 8½ pp.]
Jan. 7.
New College [Oxford].
32. John Windebank to his father, Sec. Windebank. Has not written because he has been so ill but he is now recovering; returns thanks for his kindness. [Latin. Seal with arms. 1 p.]
[Jan. 8.] 33. Sir John Conyers to Algernon Earl of Northumberland. According to your command of the 26th of last month I presently ordered the Guards to remove their quarters from Beverley to Gainsborough, and the 2nd of this month the other two regiments, so that by this time they are at their new quarters or on the way to them. Yet Sir George Vane's lieutenant told me this morning he was come this way with the troop, that Captain Yarner's was not yet all passed at Hull, from the difficulty of the passage, and that he had lost some horses in passing, which caused him to pass this way after long waiting there for passage. Before the receipt of your last open warrant for convoying the Scotch money I had given order in it to Captain Mennes and Sir Charles Lucas, the first to fetch it at Doncaster and bring it to Kirk Hammerton, and the last to receive it there and convoy it to Croftbridge. All the other troops complain for want of forage, especially those of Richmond and Stockton, they have eaten what is in their quarters, and the country will not furnish them for money, which they have not to give. I have had very great complaints both from the country about Richmond and the officers, I have sent Sir Charles Lucas to them and instructed him, as well as I could, to use all the best means [he could devise] to accommodate the business. I have likewise had great complaint from Stockton that the troop could not subsist any longer for want of money and forage, for on the Bishopric side nothing was left, and the other side would not furnish them. I was loth to give any warrant because I find these times are dangerous, but I thought better to hazard it than suffer the troop to perish or disband. So I directed the officers, in as civil terms as I could, to entreat the parts of Yorkshire thereto adjoining to bring them forage for their money, and what they receive without money I have ordered Brodley to pay for out of the first money that comes. Captain Vaughan was with me to-day to the same purpose about the Earl of Carnarvon's regiment, which he says is in distress, and the country too much oppressed. I have given him warrant to enlarge his quarters for ease of the country, and ordered him to do nothing without the knowledge of the justices of peace or high constables there. Captain Allen has brought that gent. prisoner from Stockton that hurt the quarter-master, as also the informations taken there by Captain Heron. I find the matter in no kind so ill as the quartermaster reported, and the troop yet in good order. I will keep this gent. in prison awhile, reprehend him for his disobedience to his officers, and then return him to the troop. But Captain Heron makes a complaint of another nature; I should have referred him to Sir Jacob Astley had he been well. I send you his letter that you may consider this business, and the place he is in, that if you like the man you will give him some authority to command there, or anyone else you think fit; else such disputes may daily arise and cause great disorders. Last night I received yours of the 5th of this month. I will give notice to all, particularly those towards the Tees, of the prolongation of the truce. Concerning the petition you send me, were the advocate of the Council of War here, I would send him to examine the business, but I will send Captain Allen, whom I find very diligent and understanding in business. By him I will write to the justices of peace to send me informations on oath. I will do what can be done and give you an account of it. On receipt of yours of the 29th of last month wrote to Paymaster Brodley about the last clause of 12,000l. or 13,000l. which was coming for the army, and he gives me hopes with it to pay the rest of the army till 8th December, according to your directions. Sir Jacob Astley is ill, but I hope will recover; however, I will obey all commands you lay upon me, otherwise I should justly say the charge already laid on me, considering the time, is more than I can wield. Therefore, I once more beseech your Excellency for directions how to govern ourselves and those we command, for having been bred a soldier I am very unskilful in the laws of the country, and therefore with my warrants and such like I may deserve hanging and not know it. Besides, I beseech you favour me as much as may be in what I shall do for your and the King's service, and I assure you I shall never, with my knowledge, do anything unjust in one or the other. When the advocate of the Council of War has done his business let him return to the army, and let all those officers be commanded to their charges. If everyone would do a little the business would be easily done, which is not well to be effected by one or two. [Copy. 2½ pp.]
Jan. 8.
Covent Garden.
34. Sir William Uvedale to Matthew Brodley. Casting up the sums disbursed since November 10, which is the Parliament account, I find there is yet some money owing to the King; but you have done it with so much ability, as none I am assured could have amended it or have done it so well, for you have almost gained the point, which is but this: both my own portage money, our own wages, and the cost of conducting the treasure, and the whole charge of the army from November 10 must be paid by the Parliament; and if it should happen upon the foot of that account that we should have overpaid any sum, I doubt how we should get it back; and this is the true state of the business, to which you must apply your care, especially to get into your hands all moneys of the King's that were advanced for satisfaction of the army after November 10, and let them lie secretly by you till we meet, only I shall refer it to your discretion to pay any petty warrants that were due before November 10, if any such are yet unpaid. I will follow your advice and have a book kept here of such payments as I make, to free you from that trouble in your account; they shall be none but such as in civility I cannot avoid. Take care of the moneys belonging to me, both that [due to me] as a captain and what I have lent here, as 50l. to Sir John Suckling, which you must demand of Henn, and 10l. to Capt. Porter, who is now cashiered here, only he is allowed his pay till Jan. 4th. This morning I lent 20l. to Sir Richard Grenvile, but that you shall hear of hereafter; he is like to give his lady a great overthrow in Parliament. I shall endeavour to send you a full month's pay for the army as soon as possible, but I must tell you I have to deal with a multitude and such as believe that it is much for an army to be behind one month that lies in garrison. Before I could end this I received yours of Jan. 5th, you will find that the 100l. you received from Allenson and the 100l. you defalked from the Earl of Crawford will be charged upon the 16,000l. you are now to receive: so your charge from Goldsburg and Harrison is 49,000l.; the other 1,000l. I stayed here for my portage money, and to discharge other things that arise here. For Cross' warrant, I conceive there will be no need to renew the warrant, for it must be paid out of the King's money, and my Lord Lieutenant's warrant is enough for that; nor will there be any danger whether the acquittance be antedated or no. I shall refer it to you and also the payment. You have done very well to order the little sum now coming down into one week's pay, rather than to proceed by lendings, for had you gone that way the officer would have paid himself perhaps more. Lieutenant-Colonel Ballard is to be heard to-day before the Lower House, touching the necessity the army is in for want of money, and the disorder by the soldiers that arises out of it. I am very sorry I could not be there, from my lameness, but I hope next week to be abroad and do the army some service in point of money. Meantime forbear returning any bills of exchange upon me because I would be loth they should lie on my hands, and would willingly be ready when they come to appoint a day when they should be paid. I send a commission to Capt. Thomas Cary for one of the companies of Lord Barrymore's regiment; these letters directed to Lord Barrymore come from Ireland. P.S.—I send you Sir Richard Grinfield's [Grenvile's] bill, which I pray receive for me from Hodson or Miviett and lay by you. I should be glad also to hear you had received the 50l. of Sir John Suckling from Henn. [Seal with crest broken. 2 pp.]
Jan. 8.
Paris.
35. Robert Read to his cousin [Thos. Windebank]. My man Pharamond arrived here last Friday after our letters were sent to the post. He tells me my Lady [Windebank] furnished him with 10l. for his passage, for which I humbly thank her, and desire it may be repaid her out of the money to be received for my horse. I understand Mr. Montreul, the French agent, continues to use me at his pleasure, which is all the thanks I have for the pains and trouble I have suffered for him. I am in an ill condition to complain, yet my heart is not so low as to endure such usage; I have written to Mr. Church to take some course that I may be righted. Mr. Secretary [Windebank] went to see my lord ambassador [Robert Earl of Leicester] this afternoon, the first time of his going out since our arrival. We found his Lordship very civil and I doubt not he will shortly return a visit. We hear nothing yet of our clothes; if they come safe I shall desire one other suit from England, for things are so excessively dear here that I shall not be able to afford many clothes. My ordinary expenses will amount to more than I fear I shall ever be able to recover without some relief. I have desired Mr. Porter to lay hold of any occasion to do me good, which I am confident he will faithfully perform. There was left in my iron chest a parcel of light gold which was to have been transported by a Dutchman, but was seized by Mr. Pierce of the chapel. It is as I remember about 140l.; one moiety belongs to Mr. Pierce by law, and the other Mr. Secretary once moved the King to give him for his good service in seizing it. But the King gave no order for it then, so nothing was done. Mr. Secretary now desires you to move his Majesty in the business, and to represent to him how small a thing it is, and that one moiety belonging to him [Mr. Pierce] by law, he deserves the other for his pains in discovering the business, whereby the transportation of much more was prevented, and therefore desire his Majesty to bestow it on him; which if he do, a little warrant must be drawn to be signed by the King, giving order to Mr. Secretary, or any whom it may concern, to deliver the money to Mr. Pierce, upon signing of which it may be paid him and his acquittance must be taken for it. But if the King still make difficulty of it, then you may deliver Mr. Pierce one half of it, taking his acquittance for it, and keep the rest till the King shall dispose of it. [2 pp.]
Jan. 9. 36. Order of the King that a copy of the Remonstrance presented to his Majesty in Council the 3rd of this month by the committee sent hither by the House of Commons in Ireland shall be forthwith delivered to Sir George Ratcliffe; and that he be hereby required to send to his Majesty his answer forthwith in writing to the particulars therein expressed. 6 Jan. 1640[-41]. Underwritten,
36. i. I this 9th of Jan. 1640[-41] read this order to his Majesty who commanded me to send the same under my hand to Sir George Ratcliffe. E[dward] N[icholas]. [½ p.]
Jan. 9. 37. Certificate of Nathaniel Snape, a justice of peace for Middlesex, that John Mylles, of Corkagh, co. Dublin, voluntarily took the Oath of Allegiance before him this day. [⅓ p.]
Jan. 10.
Whitehall.
Order of the King in Council. The Clerk of the Council now attending having this day acquainted the King in Council that he has been sent unto from the Committee for the Shipping business for copies of orders, warrants, petitions, and complaints concerning ship-money; and that there have been with him divers persons for copies of other warrants, orders, and petitions, as particularly that concerning a lecturer at Yarmouth, the warrants touching the commitment of Mr. Denzil Holles and searching of his study, anno 3 Caroli, &c.; it is ordered that the Clerk of the Council attending shall from time to time give copies not only of the orders, petitions, warrants, and complaints before mentioned, but also of any others that concern any particular business between party and party. [Draft by Nicholas. Written on same paper as Jan. 6, see No. 28. 1 p.]
Jan. 10.
London.
38. James Galbraithe to Sec. Vane. My earnest request to you is to have me in remembrance if there be occasion of employment. If I be admitted to particular conference with you, I make no doubt I shall give you such satisfaction that you shall see that I can do his Majesty good service; neither is there any cause of mistrust of me, being born and brought up from my infancy in his Majesty's house in England. My other petition is, seeing my uncle the sergeant is content to bestow 10l. of his wages upon me, that you would give me a note unto the Master Cofferer to receive it, for without your warrant I can nowise receive it, and although his wages be arrested for the arrears, yet that can be done another time. [Seal with device broken. 1 p.]
Jan. 10.
Audleby.
39. Sir Foulke Hounckes to Edward Viscount Conway. We have received so little money I was constrained to pay all I received to our hosts, that they might trust us again, so that the soldiers have no money to repair their defects, and if you speak not in our behalf for money for those horses which were killed, and are now supplied at our own cost, which makes my purse very empty [we are undone]. Next Tuesday we are six weeks behind in our entertainment, and if we should remove it will breed great disorder in the country. Forage grows short and the people unwilling to part with any without money, but if the captains were with their troops the people would be better satisfied. I have sent a copy of a warrant fearing there might be some mistake in it, for no other troop can be removed without your patent to the place, which caused me to wish the quartermaster if he could [would] subsist where he was, [as] it would be better to keep the troop together than to separate. On all small complaints they present to the Parliament, and being loth that any of your warrants should be questioned I presume to say this. [2 pp.]
Jan. 10.
Sarum Close.
40. Richard Green to Edward Nicholas. Requests warrant by bearer for felling a coppice in Clarendon. Has buried a brother who died at Oxford the last day of the old year. Discusses repairs to be done to Nicholas' farm at Longparish where the meadows had been heretofore drowned and trenched, but the hatches are lost and the trenches filled up; 40l. will be about the price tenants will offer. Mr. Withers has been very earnest upon the discourse we had at London to help him to 500l., and I have sent him word I will furnish him by a friend of mine who has that sum if he can please him with his security, which will not hinder the business we spoke of, if you are of the same opinion as we were then, which I have reason to doubt because the times are changed and likely to do so. [Seal with device. 1½ pp.]
Jan. 12. 41. Minute of a pass for John Milles of Corkagh, co. Dublin, to travel into foreign parts, with a proviso not to go to Rome, and the usual clauses. [⅓ p.]
Jan. 12.
Covent Garden.
42. Sir William Uvedale to Matthew Brodley. I have received yours of the 1st and 8th inst., but not of the 5th, wherein you give me a more particular account of the army, which you have put into as good order as any man can with so little money, only I wish the poor sum you received last may be applied for one week's pay if it will reach so far, and that you would never pay either Leach, Miviett, or Henn, but proportion so much to them as will always fit such payments as they are to make. To day the Lower House sends to the Lords the charge of high treason against the Lord Keeper [Finch], who, I presume you have heard, is fled; the condemnation of ship-money is voted as utterly illegal; they will be ready in a day or two to send up their charge against [the Earl of Strafford] Lord Lieutenant of Ireland and the Archbishop of Canterbury, so that our business now begins to grow hot. They have sent also into the city to borrow money upon this bill of subsidies, wherein God send them good speed. We hear every day complaints of the disorder of the soldiers, and I wonder not at it, for from an army neither paid nor punished how can we expect otherwise. I have paid Colonel Henderson a month's pay as reformadoe, the Lord General a month's pay from November 10th, Mr. Scovell the like, Lieutenant-Colonel Price his seven week's pay, and have here sent you his letter of attorney for receiving it. I have also paid Dr. Turner to and for December 8th, and Sir Nicholas Selden [Selwin?] the 35l. you received for him there; and all this is booked according to your direction. Your letters from Ripon take one day more than from York. I am in some trouble how to address this, for your last tells me you are going to York, and therefore I purpose to address this to York or Ripon, and hereafter as you direct. P.S.—I am glad to see Sir Jacob Ashley's hand to a packet, I hope the worst of his sickness is past. [3 pp.]
Jan. 13. Lease under the Queen's seal to Sir Gregory Fenner, knt., and Edward Wingfield, her Majesty's servants, of improved grounds containing 100 acres, lying in, and parcel of, the manor of Balderton, in co. Nottingham, lately improved out of the wastes of that manor, from Lady Day last for 21 years, reserving the rent of 50s. yearly. [Docquet.]
Jan. 13. Summons to M. Bilton and M. Waite for their attendance in the Queen's court [at Denmark House] in Westminster in the matter of Peter Simpson. [Latin docquet.]
Jan. 13. The like to Thomas Simpson and Richard Waite in the same matter. [Latin docquet.]
Jan. 13. 43. Examination of Edmund Chillendon, Nicholas Tine, John Webb, and at least 60 people more of St. Saviour's parish, Southwark, being brought before Sir John Lenthall. They were all taken last Sunday afternoon in time of divine service by the constables and churchwardens of St. Saviour's, in the house of Richard Sturges, where they said they met to teach and edify one another in Christ. 1. Being brought before Sir John Lenthall he demanded why they would not resort to their parish [church], according to the law of 35 Eliz.? They answered that was not a true law, for it was made by the Bishops, and they would not obey it. 2. That they would not go to their parish churches, they were not true churches, and there was no true church but where the faithful met. 3. That the King could not make a perfect law, for he was not a perfect man. 4. That they ought to obey him only in civil things. 5. That some of them threatened the churchwardens and constables they had not yet answered for this day's work. [Endorsed by Nicholas: "The examination of 60 Sectarists that met in St. Saviour's parish, Southwark." 1 p.]
Jan. 13. 44. Petition of Ann Steward, widow, to Francis Lord Cottington, Master of the Court of Wards. Prays for the wardship of her son Nicholas, heir of her late husband George Steward, who died about six days since, seized of divers lands in co. Northampton. Underwritten,
44. i. Let petitioner have a writ or commission De diem, &c., to find the office, returnable the first sitting in Easter term. Francis Cottington. Jan, 13, 1640[-41].
44. ii. Petition of Isabel Laton, widow, for wardship of her son William, son and heir of Thos. Laton, late of Dalemain, Cumberland, petitioner's husband, who died December 10, 1640, seized of lands in Cumberland.
44. iii. Order as above. Jan. 14, 1640[-41]. [Copy 2/3 p.]
Jan. 15.
Whitehall.
45. Order of the King in Council. That Mr. Attorney General [Bancks] and the rest of his Majesty's learned counsel, or so many of them as may conveniently meet, shall forthwith consider the commissions granted to the lords-lieutenant of the several counties in England and Wales, and the necessary businesses appertaining to the office of a lord-lieutenant; and prepare a bill to be tendered to the Parliament for establishing the powers requisite to be given to the lords-lieutenant in all the particulars incident to the said office for the better defence and preservation of the kingdom in peace and safety on all occasions. [Draft by Nicholas. 1 p.] Underwritten,
45. i. "This order was read at the Board the 19th of this month. E[dward] N[icholas]."
Jan. 15. 46. Petition of John Meredith to Francis Lord Cottington, Master of the Court of Wards. You directed that the case made upon the offices taken after the death of Matthew Thimbleby should be argued in Court, June 13th last, it being desired by the defendant's counsel, Mr. Sergeant Callis, that he might be heard before you and the Lords Judges Assistants, whereupon petitioner petitioned you for that day, and likewise by your directions attended the Judges Assistants to give them and defendants notice of the day. But the defendants did not attend with their counsel on the said day to have the case argued before you and the Judges Assistants who were ready to sit with you; nor did the defendants use any means last Michaelmas term to bring the case on to be argued, though petitioner has ever since attended in town at his great cost, hoping once in 18 years to see the case receive a final end. May it therefore please you to appoint Saturday, Jan. 30 next, for the case to be argued before you and the Lords Judges Assistants and that defendants may that day bring into court the deed of feofment they pretend to have, it being the ground of their argument, that the court may view it, whereby his Majesty's title to the mean rates will manifestly appear. Subjoined,
46. i. Order as desired. 15 Jan. 1640-1. [1⅓ pp.]
Jan. 15.
York.
47. Sir John Conyers to Edward Viscount Conway. His Excellency [Algernon Earl of Northumberland] writes that you were to set forward to York last Wednesday; I shall be wonderfully glad to see you, but I wish money for the army were here before you or would come with you, for I fear some great disorder if present supplies come not. I have received yours of the 12th inst., by which I do not perceive you will be here so soon as his Excellency writes of. I am again to trouble you touching the King's letters to the Prince of Orange on behalf of my nephew Hume, for in this packet I receive a letter from him [saying] that he has received in one of mine a copy of that letter, but that Sir William Boswell has never received the letter of the King from Sir Francis Windebank; so I am to beg you, if you are yet at London, to use all possible means to recover those letters, or to get new ones written from the King, for it would exceedingly advantage my nephew's preferment to be so recommended, especially at this time of new alliance. Enquire of Lady Windebank if she know anything of them, as also of his secretaries and those that visited his papers; but if [the name in cipher, Vane?] has them they will not be recovered, which I should be very sorry for. My nephew writes that his captain yet lives, but is fallen into a consumption and not likely to recover; and therefore I more earnestly desire the recovery of these letters or others in their places. Besides, he says a son of my lord of Lifco's [Linlithgow's ?], nephew to my lord of Amond, [James Lord Livingstone of Almont,] is there in the Queen's Court, and they use all means to procure him this troop when it shall fall in; and you know the Queen is much affected to that family. I heard this morning that Montrose and Argyle are fallen from Leslie, and are erecting a new army to maintain a new covenant; but I cannot for certain inform you, and I presume if there be any such thing you will have more certainty there. [3 pp.]
Jan. 15/25.
Paris.
48. Robert Reade to his cousin Thomas Windebank. Yours of Jan. 7 came to hand sooner than usual, though the weather has been very stormy this week. Yours with the second bill of exchange, whereof you expected an account in mine of Jan. 11, could not reach here till the same day that mine of Jan. 11 came to your hands, so you could not have an answer till last week, which I hope you have received. I am very glad you deal so well with your cold, that disease has been very mortal here this winter; they tell me 6,000 persons have died of it in this town within these two months. I do not remember having given you the least ground to imagine that I intended to separate myself from my uncle, much less absolutely take myself off from him. I know no consideration that can induce me to it; and I beseech you believe I shall rather on the contrary be an impudent hanger on upon him and his family while I live, especially while I shall be any way serviceable to him or it. When I shall cease to be so, which I hope will not be yet, I shall be ashamed to live in his family to be merely chargeable to it. Our trunk is not yet brought hither, but Signior Cantarini tells me he expects it to-night or to-morrow; it seems it is more difficult to get it from Dieppe hither, than it was to send it from London thither. I much wonder the charge [against my uncle] comes not before the Parliament; I hope the longer it stays the shorter it will be when it comes there. I did ever fear it was too late to prevent anything concerning the estate; all must be left to the good disposal of God and the King. It has been said here that Archbishop [Laud] is in the Tower, but I believe it not because I find no mention of it in yours. Some sentences in cipher. The Dutch ambassadors are much spoken of here and their business is taken to be already done. My cousin Christopher is stayed here a week longer, for his man came not soon enough from Orleans with his hardes to go away with the messenger this week. He will not fail to set forward for England next Tuesday. P.S.—I have already given you the best direction I can for finding the papers of the house. With them I think is a bond of 500l. lent to the Earl of Abercorn; so much rent as has become due to his Lordship since the last account must be deducted out of the 500l., and the rest, together with the money laid out for the gate, &c., is to be paid you. There are some papers in the little box I used to carry with me to Court concerning books of Sir Edward Cooke, and amongst them a receipt under the Lord Keeper's hand for some of those books which were by the King's, command delivered to him. That receipt you are to show the King and receive order for demanding the books and ordering them as his Majesty shall command. Another sentence in cipher. [3 pp.]
Jan. 16.
York.
49. Sir John Conyers to [Edward Viscount Conway.] Although I am of opinion I shall not give his Excellency satisfaction touching that scurvy business at Berwick, yet for my own content I have thought good to write this letter to him. I beseech your Lordship to peruse it, and if you approve it to deliver it, if not keep it or return it to me. I have again spoken with Henn your paymaster; he says though these last moneys be come to pay the army up to the 8th of December, yet there is no money left for your Lordship, but he has written to Sir Wm. Uvedale to pay you there. I believe these will find you on the way hither, for his Excellency wrote you were to begin your journey yesterday. I hear there is a resolution to cashier presently the horse of Berwick. I beseech you enquire after it, and if any stand I hope mine shall; and if you have leisure before coming down inform yourself what is intended to do with me when the garrison shall be dissolved. I wrote to you again yesterday touching the King's letters on behalf of my nephew Hume, who writes that they are not come to Sir Wm. Boswell nor hath he heard of them. I marvel what should become of them, for Sir Francis Windebank wrote to me that the original was signed by his Majesty and sealed by him and only stayed to be directed by me, and then sent me the copy of it; and I presently returned him answer and entreated him to cause them to be sent to Sir Will. Boswell. And I directed him to keep them till my nephew came himself for them. It will be a great misfortune to him if they be not recovered, for your Lordship being in these parts I know then no means to obtain other in their places; and his captain though not dead [is] in a consumption and not like to recover. And if the King should be moved to speak to the ambassadors on his behalf there must be no mistake in it, he is Henry Hume, lieutenant to Abercromby. There be divers other Humes, captains, that would be glad to change for a company of cuirassiers. Sir Alexander Hume of the Privy Chamber hath written to me about this business and my nephew hath written also to him; if you see him I pray employ him in it. [2pp.]
Jan. 16. 50. Petition of Hum[phrey] Streete, on behalf of Robert Milleran, infant, to Francis Lord Cottington, Master of the Court of Wards. That you will take into consideration the draught of an order hereto annexed and sign it, for reasons therein mentioned; that the course of justice be no longer interrupted nor petitioner forced further to complain, it being, under favour, very unreasonable that his Majesty's ward after he is of full age should detain another man's estate or be protected therein against the proceedings of other courts of justice by colour merely of not suing his livery, which is an act of his own default. Therefore petitioner craves present relief. Underwritten,
50. i. Let this be moved in open Court and consideration shall be had thereof, petitioner giving notice to the other side. Francis Cottington. 16 Jan. 1640[-1]. [Copy. 1½ pp.]
Jan. 16. 51. Another copy of the same, but addressed to Lord Cottington and Sir Rowland Wandesford, Attorney of the Court of Wards. [1 p.]
Jan. 16. 52. Petition of William Cardinal the elder, and William Cardinal the younger, to the same. Many days last term were spent in hearing the cause wherein petitioners are plaintiffs against Francis Middleton and others defendants, and on October 27 last it was ordered that cases should be presented by the plaintiffs and defendants, which is done, and both cases are recorded as the course of this Court requires. The case of defendants is not truly stated, so that petitioners have just cause to except thereto, and it is so done by defendants on purpose to gain time, that the cause may not be determined this term. Petitioners pray that Sir Rowland Wandesford [Attorney of the Court of Wards] may be attended by counsel on either side that he may hear petitioners' just exceptions, and state the case; and that you would appoint a day next term for determining the cause. Underwritten,
52. i. I desire Mr. Attorney of the Court of Wards to consider this petition, and calling the parties before him to procure an agreement on the case, or otherwise give direction as he shall think fitting. Francis Cottington. 16 Jan. 1640[-1]. [Copy. 1 p.]
Jan. 16. 53. Account by Sir Wm. Russell and Sir H. Vane, Treasurers of the Navy, of ship-money received by virtue of writs issued in November 1638. Total received, 56,429l. 9s. 8d.; remaining to be paid, 13,320l. 10s. 4d. [1 sheet.]
Jan. 17.
Whitehall.
54. Order of the King in Council. Whereas by virtue of an order of March 11 last the sum of 80l. was deposited in the hands of Sir Wm. Beecher, one of the clerks of the Council, which order being by an order of this Board of 3rd of this January vacated and disannulled, and Sir Will. Beecher having paid back the 80l. to Anthony Smith, as appears by a receipt under the hand of Smith dated the 15th of this month; his Majesty, and the Lords, being this day acquainted therewith by Sir. Wm. Beecher, did well approve his payment of the 80l., and ordered that an entry should be made of the Lords' approbation thereof in the Register of the Acts of Council, for Sir William's further indemnity. [Draft by Nicholas. 2/3 p.]
Jan. 17. 55. Pass for Manuell Dellanos and Stephen Martines, two Spaniards, to return to their own country; with the usual clause to the searchers. [Minute. ¼ p.]
Jan. 17. 56. Petition of William Ford, grandfather of William, son and heir of John Ford, late of Freshford, Somerset, to Francis Lord Cottington, Master of the Court of Wards. Petitioner's son, John Ford, lately died seized of land held of his Majesty in capite, and has left William Ford his son, an infant 19 years old, whose wardship belongs to his Majesty. Petitioner prays you to grant the wardship to him, and he will forthwith find an office, and return the schedule of the estate within the time you direct. Underwritten,
56. i. Let petitioner have a writ or commission in the nature of a Diem clausit extremum to find the office, and let the office together with a schedule, and confession of the estate be returned the last sitting on compositions in Hilary term next. Francis Cottington. 17 Jan. 1640[-1]. [Copy. ¾ p.]
Jan. 17.
Burdrop.
57. William Calley, to Richard Harvey. His father, Sir William Calley, died to-day half an hour after noon. Requests Harvey to come as he wants his advice on various matters. Has some brawn ready for Mr. Porter. [Seal with arms. 1p.]
Jan. 19. 58. The Council to Lord Treasurer [Juxon]. We pray and require you to cause to be paid as soon as possible the 200l. 2s. 1d. for the emptions necessary to complete the furnishing of his Majesty's forts at Plymouth, and St. Nicholas' Island adjoining with powder, shot, match, &c., as appears by a certificate of the officers of the Ordnance. [Draft. 2/3 p.]
Jan. 19. 59. The same to Mountjoy, Earl of Newport, Master of the Ordnance. We pray and require you to give present order to the officers of the Ordnance to issue all the munitions mentioned in their estimate for furnishing the forts at Plymouth and St. Nicholas' Island, as being in store; we having directed the Lord Treasurer to order the payment of 200l. 2s. 1d. for the emptions, which upon receipt thereof, we also pray you, may be provided and delivered accordingly. [Draft. ½ p.]
Jan. 19. 60. Petition of James Whitehall, clerk, described in the endorsement as "a mad parson," to the Lower House of Parliament first, and after to the Upper House. He describes himself as having been turned out of his house of Christchurch, Oxford, and of the livings of Benson, and Drayton, Oxon., and unlawfully deprived of the profits thereof for 20 years; and he prays for a decree of Parliament to reinstate him, and give him full arrears, and damages. He requests that this petition may be read "in the third place, after the complaint, and catalogue first read, and after examination according to the way shewed in the complaint." Addressed: "Your enforced petitioner to this High Assembly. Written January 19th. 1640, from the Hospital of Bethlehem, [London,] where I am detained as a prisoner, though it be no prison of record neither as I suppose." [3 pp.]
Jan. 19. 61. Petition of James Langley, master of the ship "the James" of Colchester, to Sec. Vane. Petitioner was pressed to transport 440 quarters of rye from Hull to Berwick for the garrison there, being promised, by letter directed to the Mayor and Customer of Hull, and signed by yourself and other Lords of the Council, that on certificate of delivery of the corn, order should be given for payment of freight to petitioner; which service he has faithfully performed, and obtained a certificate from Sir Michael Ernle and William Spencer, keeper of his Majesty's stores in Berwick, of the delivery of the corn. He prays for present payment of his freight Underwritten,
61. i. It is his Majesty's pleasure that the Lord Treasurer cause present payment to be made to petitioner according to the estimate of the Trinity House of Hull, hereunto annexed, amounting to 41l. 16s.; petitioner having long since been employed in that urgent occasion of his Majesty's service. H. Vane, Court at Whitehall, January 19, 1640[-41]. [1. p.] Annexed,
61. ii. The above mentioned certificate by Sir Michael Ernle, and William Spencer, of the delivery by Langley of the said corn. November 10, 1640. [½ p.]
61. iii. Certificate by the Masters and Wardens of the Trinity House, Hull, that they assess the freight of the corn from Hull to Berwick at 41l. 16s. December 7, 1640. [1 p.]
Jan. 19.
Whitehall.
62. Sir Robert Anstruther to Edward Viscount Conway. Hearing from my servant in the country that last week, 10 or 12 of Captain Porter's troop have come to my house at Wheatley, near Doncaster, and, by command of their quartermaster, violently broke open the gates, and make use of what they find in or about the house; my suit to you is that you would order their removal thence, and that a safeguard may be given to the house for preventing further inconvenience. [Seal with arms and crest, broken. 1 p.]
Jan. 19.
Covent Garden.
63. Sir William Uvedale to Matthew Bradley. By yours of the 15th inst., I find you have paid the army one week's pay to and for December 8, and I am very glad of it, but I find not how the officers, general of the field, or of the Lord General's train, or the commanders of the brigades stand: The Lord General himself, and his secretary I have paid here out of the 410l. that was stayed for the petty sums your letter speaks of, which amount to 117l. There is of that money not yet received by you, 50l. of Sir John Suckling's, and 20l. of Sir Richard Greenvile's; but your 100l. returned on me by Lieutenant Colonel Buck, and Lord Grandison's moneys, and 100l. that Lord Lisle's officer has paid to Miviett, I intend to stay out of the next moneys, which I now daily expect order for, and I hope, will be a full month's pay; therefore if you have any bills of exchange I am now ready for them, if I know of them before the money goes hence which will not be for a week at soonest, for it must come through divers hands, and from divers counties. The Parliament is slow, but they will certainly pay all at last, and this is the greatest comfort I can give you both for the commander and the soldier. I am glad you have some stock of chash [cash], I hope much of it will fall out to be of the King's money before November 10; be as secret in it as you can, because some use may be made of it to pleasure friends. I will speak with Sir William Ogle touching the acquittance, and have written to Leech for a list of those officers that have fasted 14 days, and let him know the Lord General has commanded it of me, and you may also say you have order from me to tell him of it. P.S.—Sir John Cholmeley desires me to return him from York 700l. or 800l. now in Alderman Hodgson's hands, if you think good you may acccept it, and I will stay it here. [3 pp.]
Jan. 19/29.
Paris.
64. Robert Reade to his cousin Thomas Windebank, Gentleman of the Privy Chamber. Takes the opportunity of giving him thanks for his numerous favours, sends this by his cousin Christopher Windebank, who is come to you to bear his share in the discontentment for our misfortunes; I pray God your endeavours, which I doubt not are as well spiritual as temporal, may prevail to the accommodation of these distractions. [Seal with crest. 1p.]
Jan. 20.
Whitehall.
65. Licence for Christopher Gardiner of Haling, Surrey, and Onslow his son, now beyond seas, to remain there for three years; with a proviso not to go to Rome. [Minute. ⅓ p.]
Jan. 20. 66. Bond of Thos. Blackall, merchant, of the parish of St. Bartholomew, Exchange, London, to Lawrence Squibb, James Progers, and Robert Squibb, in 200l.; the condition of the bond being, that as the said Blackall has been fully satisfied by Squibb and the others for all suits, debts, and claims he and his heirs have, or shall have against them; if he or his heirs, sue or molest them hereafter, this obligation is to be void, or else to remain in full force. [Latin and English. Strip of Parchment.]
Jan. 20. 67. Release by the same, discharging Lawrence and Robert Squibb and James Progers from all suits, debts, or demands he has or shall have against them by reason of anything done by them to this present. [Seal with device. 1 p.]
Jan. 21. 68. Sir John Wray's speech in Parliament about the Scotch business. No malady is more destructive to the natural or politic body than the mal caduc or falling sickness; nor is any physician or compound more to be esteemed than that which can cure it in either. This unknown remedy, if we apply it without any scruple of distaste, I am confident the recovery will be perfect and the whole body of Great Britain safe and sound. The happy union of Scotland to England hath long flourished in interchangeable blessings, but of late by dark underminings we are severed into Scotch and English armies. Let their [the Scots'] well composed preamble speak for me, which I wish were printed as an excellent emblem of brotherly love that discovers who has wounded us both and how each should help the other, seeing our and their religion and laws are both at stake. Think of it, noble senate; their substance is ours, we live or die, rise or fall, together. Let us then find out the boute-feux of this prelatical war and make them pay the shot for their labour, who no doubt long for nothing more than that we should break with them who worship but one God, and serve but one master with us. Nor need we fear that they intend to disposses the English of their inheritance, being ready to withdraw their forces on reasonable terms; referring their demands of reparation for losses to the justice and courtesy of this House, which I assure myself will give a bountiful and speedy supply; for bis dat qui cito dat is the best motto at this time. [½ p.] Underwritten,
68. i. The resolution of the House of Commons, passed January 22 1640[-41], to give friendly relief to the losses of the Scots; the manner and measure to be considered in due time, [See Commons' Journal ii, 71: 3 lines.]
Jan. 22. 69. Another copy of the above resolution. [¼ p.] Underwritten,
69. i. The Scotch Commissioners' answer to the said resolution, January 25, 1640[-41.]
69 ii. Question of the English Lords Commissioners in reply to the above answer of the Scotch Commissioners; January 26.
69. iii. Answer of the Scotch Commissioners to the said question, January 26, 1640[-41]. [Copies: printed in the Lords' Journal, iv, 145: 1¼ p.]
Jan. 22./Feb. 1.
Paris.
70. Sir Francis Windebank to his son Thos. Windebank. I have had a letter from her Majesty the Queen this week, written all with her own hand, full of very gracious promises to take me into her care. It came under a cover of Mr. Montague to whom I have addressed an answer, and therein a letter to her Majesty not only thanking her but humbly praying her to take you into her particular consideration, which I shall take as done to myself. I have found Mr. Montague full of respect and civility toward me since my disaster, and I will not fail to acknowledge it where it shall fall within my compass. I have written to Lady Denbigh according to your desire, and that to Lady Arundel you may give your brother Kit [Christopher] to deliver, who went hence two days since. It is much controverted here whether the Holland ambassadors demand in marriage the eldest Princess Mary or the younger, and the dispute grows from the variety of advices that come out of England: I desire you to clear it in your next. Thank Nanne for her ingenious letter, and Jack for his epistle. P.S.—I have not yet received my trunk though I understand it has been at Dieppe these three weeks. This week my Lord Ambassador here [Robert Earl of Leicester] has vouchsafed me another visit, which is a great honour to me and taken for no ill omen. [1 p.]
Jan. 22. 71. Robert Read to the same. Thanks for his letter of Jan. 15. I am glad to find our letters pass so clearly, it being a sign in my opinion that the malice is not so great against us as we apprehend. Gives directions about sending summer clothes for his uncle [Sec. Windebank] and himself. You will give me leave to differ from you concerning the censure of the Lord Keeper [Finch], for I do not find how by that we shall be able to judge much of our friend's business, their cases being so far from being the same that they are almost contrary; his lordship being charged, I conceive, with advising the King and acting himself such things as have been destructive to the laws, wherein the King cannot warrant him, and I am sure Mr. Secretary [Windebank] cannot be charged with any advice given to the King concerning the Roman Catholics, nor with acting anything without the King's warrant for every particular. And in this respect I hold our condition better than any now under question, that the King may justly and confidently avow [avouch] Mr. Secretary, which he cannot do to the rest, and upon this you must insist when you have occasion. Besides, I will affirm, and it stands with all reason, that the King is more obliged in honour to avow his Secretary, who is the immediate executor of his commands than any other minister whatsoever, especially since his Majesty knows that nothing wherewith they can charge him has been done without his command, which is a real truth and we find here that the King suffers more in his trouble than in that of any of the rest. We say here that the Scots demand 800,000l. for their charges; I wonder they made it not up a million, and I should wonder more if any should be granted, except we mean to become tributary to them, and to give them money as often as they will come and ask it. I do not remember that I ever saw any resignation of Robert Wood to Mr. Makin, but two parchments were left in my little box where I kept the seals, concerning the business which should have been signed by the King, but his Majesty refused them once when I presented them to him, and he was pleased to refuse them twice to Mr. Secretary [Windebank]. If they desire those parchments they may have them without inconvenience. Most confident he left Mr. Pierce's money in his chest in his study. Some sentences in cipher. Instructions as to where he will find certain sums of money and papers described. When you shall favour me with an answer to my last week's dispatch in cipher, do so in a letter by itself for the reasons I represented to you there. P.S.—I have not yet heard of Mr. Porter, I beseech you convey this to him. I believe my cousin Christopher and these letters will come to you about the same time. [4 pp.]
Jan. 22. 72. Sir John Conyers to [Edward Viscount Conway]. I have again spoken with Mr. Henn about your entertainments, but here is no money for you nor anybody. He promises to write again to Sir Will. Uvedale, and had done so formerly; he showed me his answer, which was, that though money were due to your Lordship you could not be paid before the army, and it was against his instructions to pay any money at London. If you receive it not there let me know, and I will get it from the first money that shall come down. The 60,000l. you speak of will not help much for this army, for there is 7 weeks' pay due to each man on Tuesday next. I send you again a copy of my letter to his Excellency. I have written again to Sir Fulke Huncks to bethink himself what quarters would be best for your Lordship's regiment; he says he can find none better than where they are, but I fear your own troop will be constrained to remove from Cottingham. I humbly thank your Lordship for the pains you have taken in finding out the King's letters and in sending them for Lieutenant Hume. I believe Sir Fran. Windebank got not his Majesty's letters to the Queen of Bohemia in Hume's behalf; I write now to Sir Alex. Hume to procure them if he can, for his brother writes to him that the Queen solicits the Prince of Orange already to bestow that company upon another when it shall fall. I believe they intend Lord Leviston [Livingston]; and it were good if by any means she could be taken off from it. Your Lordship shall do us a favour to assist Hume in it, as also to get the King to speak to the ambassadors for him. I pray enquire what will become of us at Berwick, and what of me, if all be dissolved. I send you certain copies of letters sent me by Sir Fran. Windebank into Holland whereby you and all men may see what conditions were assured me and how much I shall be injured if they take no care of me. I wish your Lordship a good journey if you come down, but if it be not for your advantage I wish you may stay there. P.S.—I had thought to have sent you the copies of certain letters sent me by his Majesty's order into Holland by Sir Francis' Windebank but I think they will be troublesome to you in these busy times and therefore I forbear to do it. [2 pp.] Enclosed,
72. i. [The same to Algernon, Earl of Northumberland.] Upon information given me of that part of the country, twixt Doncaster and Knaresborough, which your Excellency had appointed for the quarters of the troops, I found they would be scantly lodged, and therefore at the request of the officers of the Guard I gave them Knaresborough, Harton, Somerby, Springthorpe and Lee, four places near that town, believing that town might as well be taken into the quarters on the one side as Doncaster on the other; but when the three troops came thither they found those places too strait for them, and therefore by advice of some of the chief men thereabouts, they took in those other places where they now are of themselves without my order; but Captain Yarner coming presently to me with some of the country to excuse what they had done, and giving me reasons for it, I gave them warrants for those places. The like is done in the quartering of my regiment and Mr. Wilmot's on the other side, for they have taken in more than I ordained them; and though I believe it is for the ease of the country that the troops be largely lodged, yet I know every one ought to follow his directions; but wanting a quartermaster to do it, they, it seems, would be their own carver in some sort. Therefore I beseech your Excellency let the Quartermaster-General be sent down, for provision growing scant throughout the whole country, I fear there will be occasion to remove some troops every day. I send herewith a letter from Rotheram from Captain Pinchbeck by which, as by the daily complaints that come on both sides, your Excellency may perceive that we have very few friends left in these parts, and the country [is] altogether unwilling to receive us: and from Doncaster and those parts men of the country have been already with me to solicit the removing of those troops which are not yet warm in their quarters; but if we had money and more officers we should do better. No other troops shall henceforward remove but into those parts your Excellency ordains without your express order; and I hear not yet but that the rest of Lord Carnarvon's regiment may stay where they are. Those of Cottingham will shortly expect an answer, which without order from your Excellency I cannot give them. Lieutenant-Colonel Gibson is sick and advised by the physicians to retire southward, whereto he has desired my leave. I pray your Excellency some other in the meantime may take the command at Stockton. [Copy. 1 p.]
Jan. 22. Warrant of the Council of War to Thomas Falconberg to issue to Captain Henry Yonger, comptroller, and to Henry Bludder and Edward Dankaert, gents of the ordnance of the train of artillery for the south parts, one month's pay to be accompted from the 6th present inclusive. [Minute. ¼ p. See vol. cccxcvi., p. 351.]
[Jan. 23.] 73. Petition of Lambert Osbaldston to the Lords Spiritual and Temporal now assembled in Parliament. This petition is given in full by Rushworth who, however omits the following:—Since the said heavy sentence was procured by these unjust and undue proceedings, viz., 1. Denial of due time according to the rules of the Court to examine his witnesses, by a false allegation of a precedent of 44 Eliz. varying in every circumstance from petitioner's case. 2. Admitting of Cadwallader Powell's testimony against petitioner, who was sentenced in this Court for subornation but a twelvemonth before, and of Walter Walker's, whom the Lord Archbishop had openly declared to be the veriest arrant knave in all that cause in which Powell was fined; which said Walker and Powell were the only witnesses in this cause. 3. The expunging of several depositions and letters whereby the said Powell and Walker were found to have shamefully combined with others to fasten these interpretations upon the defendant contrary to the truth, upon no other reason given by Lord Finch than that those proofs would blemish his Majesty's witnesses. 4. The depriving and degrading petitioner by his Grace and other High Commissioners, who had not one word in their commission to enable them so to do in this cause, and are therefore in a præmunire for that usurpation of jurisdiction, and to repair your petitioner with damages; as also the Lords of the Star Chamber have no power to sentence any subject from his freehold. 5. By supposing against law your petitioner's letters to have been published by the Bishop of Lincoln, &c. [Printed in Rushworth iv., pp. 81, 82, see Lords' Journal, iv., 140, for order on the said petition. 2½ pp.]
[Jan. 23.] 74. Another copy of the above. [Endorsed by Sir John Lambe: "Co[py] of Mr. Osbaston's petition against Walker and Powell." [2¾ pp.]
Jan. 23./Feb. 2.
The Hague.
75. Elizabeth, Queen of Bohemia, to Sir Thomas Roe. I am sorry to see by your wife's last letter to your daughter that you are so troubled with the gout I cannot have your letters; for I desire very much to hear your opinion of the match and transport of my niece now hither. I desire Sir Richard Lane to show you what I have written to him. My son has been very much made of by my uncle; he is on his way hither. When he comes from Hamburgh you shall have all that has passed between them. Banier is now before Amberg [a town of Bavaria], and uses Maurice extremely well. [Two seals with arms and crown. 1p.]
Jan. 23.
London.
76. [Geor]ge Willingham to Mr. Hering, minister of God's word at Doddinghurst, Essex. Sends his son's clothes and necessaries; hopes he will prove obedient, and ingenious in his learning, and that God will give him grace to love and serve the God of his fathers. [1 p.]
Jan. 24. 77. The Council to [Algernon, Earl of Northumberland], Lord High Admiral. It is his Majesty's pleasure that his ship the Swallow, now in Ireland, shall be employed this year to guard the Irish seas. We therefore pray you to order that it be victualed and furnished, out of the revenue of that kingdom, for as many months as you shall think requisite. [Draft. ½ p.]
Jan. 25.
York.
78. Sir John Conyers to Edward Viscount Conway. I received this afternoon a packet from you; in it were divers letters from Holland, and the enclosed from Capt. Burgh, but none from you; the packet was torn to pieces and the letters only tied together with a string, having been found floating in the water betwixt London and Royston, as the enclosed paper mentions. You commonly send your own letter without a cover, and open; if you have written now, it is either taken or lost out of the packet. If you did write I beseech you to write again, I have nothing to inform you of hence but of the misery we are in for want of money; and the poor men of Berwick far more, 12 weeks pay being due to the officers. Sir Michael Ernle writes that the soldiers receive and can live on the butter and cheese, but some of the officers are ready to starve, there being no credit and they having eaten out all the pawns they had. He says the horses can eat no butter and cheese, so that for want of forage in the town or money to buy it he must send them to lodge in the country; if they refuse them, as he believes they will, they must perish. I have written so often of our want of money to his Excellency [the Earl of Northumberland] I dare do it no more, but I pray you speak with him on it and use the best means to supply us. Mr. Payler is at London to solicit the business of the garrison; I pray speak with him on it. He told me in passing through this town that at Berwick were oats and straw enough. Sir Michael Ernle says there be oats if they had money, but at extreme rates, but no straw to be had. My people who came with my wife affirm they could not for a long time before they came thence get any straw for money. [2 pp.]
Jan. 25.
Covent Garden.
79. Sir William Uvedale to Matthew Bradley. I have received yours of the 22nd inst., by which I find that on the making up of your Parliament book there is 5,000l. of the King's money remaining in your hands; and also that you have many warrants granted by the Lord Lieutenant [Thos. Earl of Strafford] that are yet unpaid, as that of 4,000l. for the billeters in the country, for the commanders for the fasting fortnight, which will come to 3,700l. and other great sums; and therefore we cannot enter into the payment of them and reserve any for ourselves or our particular friends, therefore they must be laid aside until the end of our business, and as much secrecy used as may be to persuade that there is no money of the King's in your hands, for certain moneys are due to me out of it and some entertainment to you; besides, you know I lent the King 1,000l. which I have no hope to get in again except out of the surplus of these moneys, and it is the rule that we ought to look to ourselves in the first place. My Lord General, I know not how, has learnt there is some of the King's money remaining in our hands, and he has twice sent to me for the three months entertainment due to him up to November 10th last; but I have put him off because I cannot yet so distinguish the accounts as to know what is remaining, you see by my answer I dare not deny that there is some. The King also has twice demanded the 5,000l. lent out of his privy purse at York, but I have answered I fear there will be none left or at least not enough to satisfy such a sum. Thus you see the necessity for secrecy as to what money of the King's you have in your hands; yet I think it reasonable Colonel Goring should be paid his brigade moneys, and the warrant of Mr. Cross, the apothecary for the Lord General, has importuned it. For Sir Jacob Ashley's particular for his fasting fortnight, desire him to have patience till the end of our business, and then you may assure him he shall have it; if you pay him now it will draw all the rest of the officers upon you for that 14 days, for he cannot hold his peace. Cross's money must be paid here to Dr. Cadimant for he laid it out for drugs for him, when he gives you his acquittance I will pay it here. Your Parliament charge is very just, 66,000l., whereof I charge myself with 1,410l.; but I fear some of the clerks do not understand me in this point, for I find your charge upon Henn of the Parliament moneys is 3,600l., and he has sent an account of his disbursements since November 10th amounting to 4,000l. Inquire into this the next time you speak with him, for if this be so he has 400l. of the King's money in his hands. I am glad all the officers of the field and train are paid to December 8th, I mean all such as are with you, for you know that you and I lie yet behind. Captain Horatio Cary has got one of the cashiered companies in Sir William Ogle's regiment; I have lent him 20l. to carry him down, to be defalked out of his next entertainment. Colonel Goring has sent you here a letter touching the present defalking of 100l. of his entertainment for Sir John Suckling, and for some more after Jan. 14. I also send Sir John Suckling's assignment to you to receive it, which when you have done, I will pay it him here. This is for some gaming debt, and so it must pass. Sir William Ogle has entreated me to pay him his entertainment here, and I am willing to do him this courtesy as he is my neighbour and countryman in Hampshire; if you like it, pray send me the form of an acquittance. Our money would have been on the way before this, for it was ready to be sent in, but for this accident. These sessions a priest was condemned at Newgate, whom the king reprieved, whereupon the City absolutely refused to send in their moneys. The issue of it will be that in a day or two the man will be hanged, and we shall have our money, which I will hasten down. I send a list of the moneys the King owes the army before November 10th, which has been delivered into the Parliament, and must be paid by them or the King. [6 pp.]
Jan. 25.
Dorchester.
80. William Ivye to his sister Elizabeth Bottom. Last Saturday the 23rd inst. I received your two letters, but broken open, by whom I know not. By one of them I understand that by the Earl of Dorset's or Sir Henry Compton's means you may do me and my fellow captives much good. I have hastily drawn out a petition, on behalf of the parties therein contained, to his Majesty, which I here send you. Sister, if you can by any means cause this petition to take effect and that the parties mentioned in it may gain their liberties in a just way, according to his Majesty's letters patent made for the benefit of prisoners, that is, to have time to pay their just debts and no exactions then, they, the parties named with me, will give to such clerks as you shall employ 10l. and somewhat more, if this reference may be granted and take effect. If it be granted by his Majesty, make means to the Earl of Dorset for his letter to Sir Francis Fulford or Sir Thomas Trenchard to take some pains therein for the prisoners' relief; and by such means it may take speedy effect. Also I entreat you, sister, ask such able clerks as you know, whether men committed to prison for want of bail can be kept from the Assizes or General Sessions by their keeper, by reason of any writs or executions laid against them after they are imprisoned, upon the good behaviour and before they are freed thereof. Sir Lawrence Hide, justice of peace for Wilts, sent a man of 100l. per ann. to gaol for want of bail upon the good behaviour, and immediately after he was imprisoned the sheriff of the same county laid in an execution of 120l. against him; whereupon he acquainted Sir Lawrence Hyde with the sheriff's proceedings, who presently sent for the keeper and commanded him to bring the prisoner, and took bail for his good behaviour and set him at liberty, and told the keeper the sherift should get him again upon his execution as well as he could; for said he, justices of peace shall not be bailiffs for sheriffs. I and William Polden mentioned in the petition, were brought to prison for want of bail on the good behaviour and more for spleen than matter; and afterwards writs and executions were laid against us so that we could not appear at Sessions to free ourselves; but if means may be made that Sir Thos. Trenchard or Sir Francis Fulford may take bail of me and Polden and so set us at liberty, notwithstanding any writs or executions against us, Polden will give 5l.; and I believe it may be done, for the King must be served first. I pray be resolved thereof and cause it to be effected if you can. [Damaged. 2 pp.]
Jan. 26.
Aston.
81. Robert Bee to Endymion Porter. Mr. Sanders has made trial of your hawk and thinks it is not so good as you took it to be. If you have a stone bow to spare, send it down that I may use it to kill birds. [½ p.]
Jan. 27.
Whitehall.
82. Order of the King in Council. This day was read to the King in Council the answer of Sir George Ratcliffe to the particulars expressed in the remonstrance presented to his Majesty in Council, the 3rd of this January, by a select committee of the House of Commons in Ireland; when his Majesty declared he had sent the said answer to the Lord Lieutenant of Ireland, who sent his Majesty word that he had perused it and did avow and would humbly abide by it; and upon hearing every particular article in the said remonstrance, together with the several answers to them this day read, it was ordered that a copy of the answer should be forthwith given by the Clerk of the Council to the said Committee. [Draft. 1 p.]
Jan. 27.
The Court at Whitehall.
83. Council warrant to Algernon, Earl of Northumberland, Lord High Admiral. To order the present building of a pinnace on the same model as the "Confidence" now in Ireland, which is an extraordinary good sailer, but grown so defective she is not fit to be employed any longer at sea. You are to sell the hull of the Confidence, and such of her tackling as is unserviceable for the new vessel, to his Majesty's best advantage, according to the opinion of the Council in Ireland expressed in their letter of the 12th inst. to your Lordship. [1 p.]
Jan. 27. 84. Minute that this day Richard Browne, Esq. was sworn Clerk of the Council in ordinary, in place of Sir William Beecher who voluntarily resigned his patent of the said office. This was by his Majesty's pleasure signified to the Board by Sec. Vane. Underwritten,
84. i. "Mr. Maxwell to see the petition of Mr. Lewis and certify the Board how far he consents to petitioner's desire herein expressed." [½ p.]
Jan. 27. 85. Cases in the Court of Wards considered and ordered under date. The following cases were dismissed: Tho. Hillersden v. Will. Duncombe, Henry Pigott v. Francis Lynn, Will. Brigham v. Joseph Colfe, and James Newton v. Henry Smith. The following cases were proceeded in: Dame Barbara Crompton, widow, grandmother of the ward, and Francis Eld. the ward, being over 18 years of age, petitioned, Jan. 23, 1640[-41], by two several petitions, that the wardship of the body and lease of the lands of the ward might be committed to John Crompton his uncle, and Tho. Crompton another uncle, who is not so capable of it nor so responsible for the estate. [For further proceedings in this cause see Jan. 6, No. 30.] Ordered by Francis Lord Cottington, Master of the Court of Wards: "Let this be moved upon the next sitting at compositions, and petitioners' request shall be further considered." Henry Warren, being next of kin to deceased, petitioned for a writ de mandamus to find an office after the death of John Warren, who died about two years since seized of divers lands in Herts. Petitioner being of full age and very poor, as appears by his affidavit of Jan. 25, desires to be admitted in formâ pauperis. Ordered: "Let this be moved at the next sitting upon compositions, and further consideration shall be had. Francis Cottington." Robert Gale, clerk, petitioned to have a decree, formerly made in this Court, performed, whereby he was to have an annuity of 40l. per annum out of the estate of Philip Vicount Strangford, his Majesty's ward, to be paid him by Lady Barbara Vicountess Strangford, which accordingly was done as long as she had the wardship, but the wardship being by this Court transferred to Sir Thos. Fotherley, he refuses to pay it without the order of this Court, petitioner being 2½ years or 100l. in arrear. Ordered: "Let this be moved in open Court on Monday February 1 next, and let Sir Thos. Fotherley have notice to attend the motion. Fra. Cottington." Dame Anne Fane and Henry Lucas petitioned for respite till next term to return the office after the death of Sir George Fane, and to compound for the wardship of Spencer Fane his son, alleging that they cannot get the writings which concern the estate into their hands. Ordered: "Let petitioners return the office and attend with a schedule, &c., the first sitting in Easter term next. Fra. Cottington." [Copies. 1¾ pp.]
Jan. 27.
Doncaster.
86. William Aire to [Edward Viscount Conway]. I have considered your letter, and for answer I have written a letter to his Majesty which I hope will give him good satisfaction in the business; I enclosed it and entreat you to deliver it to his Majesty. Be assured no man shall know anything of me till I know his Majesty's pleasure. [½ p.]
Jan. 27.
London.
87. John Ambler to Endymion Porter. I desire you not to be offended at my boldness in preferring my petition enclosed, you are to determine it at your pleasure, it is for myself. On Sunday when I came to London your sister encouraged me to seek to you because I was her husband's kinsman. Many men in London of good account can certify what I am and have been so I leave it to you. [½ p.]
Jan. 27.
London.
88. George Willingham to his son John, at Doddinghurst. Exhorts him to seek God in his youth. Sends the things he wanted; by the next opportunity I will, according to your desire, send a pair of boots and spurs if you know how to wear them. Behave dutifully to your master and mistress and lovingly to your fellow scholars, labour to get the love of all that are good and God will bless you the better. [1 p.]
[Jan. 27 ?] 89. Ann Willingham to the same. Rebukes him for not obeying his parents and sending his old clothes home as she bid him. If we are not worthy to have the disposing of your old clothes you are not worthy to have new. For the musket, if your father could see it, and if he thought it would not be a means to do you a mischief hereafter, when he hears of your better obedience he will be willing to let you have that or anything that might be for your good. You are under the means of grace, but little fruits yet appear. I desire you to look to your heart in every duty you perform to God, that you be not of those that draw near Him with their lips while their hearts are far from Him. P.S.—Send your old clothes speedily for we send all our old apparel to Ireland to cover the naked there. List of things now sent in his box. [1 p.]
Jan. 28./Feb. 7.
Paris.
90. Sir F. Windebank to Queen Henrietta Maria. If I presume more often than becomes me to importune you with mine impertinencies, I beseech you to consider that I can never often enough acknowledge the inexpressible and invaluable honour vouchsafed me by your late gracious letters; and that besides many disasters which accompany a broken fortune and afflicted heart, this is infallibly one, to be importunate even to incivility. I understand Mr. Treasurer [Vane] is to leave that place and hold that of Principal Secretary only, to which there belongs a diet, the board wages of which diet his Majesty has been pleased hitherto upon your princely intercession to continue to me, and without which my present fortune is so low that I and mine must be exposed to want. This I most humbly beseech your Majesty to take into consideration, and to vouchsafe my son the honour to be your most humble remembrancer for some relief, that in the midst of the great alterations in Court I may not be wholly excluded from all hope of subsisting after so many years painful service. I have received much honour from my Lord Ambassador here, and from the ministers of this King in my relations to your Majesty, for which I most humbly beseech you to accept my most humble thanks. [1 p.]
Jan. 28./Feb. 7.
Paris.
91. The same to his son Thos. Windebank. I do not find in your letters of Jan. 21 any mention of the Queen-mother, whose death has been so commonly reported here this week that I verily expected a confirmation of it from your parts. But seeing neither yours nor other advices I have seen give the least intimation of it, nor did my Lord Ambassador [Robert Earl of Leicester] within these two days seem to have knowledge of any such thing, I shall suspend my belief till I have further ground for it. This report grew from another, that last Monday at night an express came hither from England with news to that purpose. But the ministers here will acknowledge no such thing, though M. de Chavigny, with whom I passed my first compliment yesterday, himself spoke of the report as very frequent. Besides, if it be true, they will pass by it for a while, till this great solemnity of the marriage of Madlle. de Brezé with the Duke d'Auguyen [D'Enghien] be over, which begins to-day; and the King, ill as he loves this town, comes purposely hither to be present at the fiançailles, and after that at the Cardinal's [Richelieu] ballet [or mask], which is to be at the Hotel de Richelieu to-night. Among many other great civilities done me by M. de Chavigny, he gave me a special invitation in the Cardinal's name to the ballet; and though such a gallantry be not agreeable to my present condition nor liking, yet he pressing it and assuring me the Cardinal had already taken special order for my accommodation there and would understand it as a great honour to him, I held it not civil to refuse. So I am to be there in the afternoon and make account not to be free till to-morrow morning at three or four at soonest. I have not yet seen the Cardinal, which makes this favour the greater, but M. de Chavigny says this must be no impediment to my going to the ballet; and that after the magnificence of the marriage is past, himself has order to bring me to him, and I must make account to be very welcome to him and exceedingly well received. They are somewhat troubled here that the Duke de Vendome has given them the slip, and withdrawn, some say into England, others the Low Countries. He was sent for upon accusation of three who disguised themselves as hermits, and being discovered and apprehended have charged the Duke with having employed them to bewitch or poison the Cardinal. Some think them but charletans, but the Duke's retreat gives occasion of suspicion. Mr. Treasurer [Vane's] rendering up his white staff may concern me in my board wages for the diet, without which, if some other consideration be not had of me, I shall quickly find myself straitened in my weak fortune. Therefore you will do well being on the place as soon as you hear Mr. Treasurer has the diet to be an humble suitor to the Queen in my name to take me into her gracious consideration, and to move his Majesty that some course may be taken for my subsisting, being likely with my family to be exposed to want. I recommended you to her Majesty's favour last week, and besides she has commanded you to make addresses to her upon any such occasion. I am not willing to importune her too often with letters, and besides your continual solicitations will more preserve me in her memory than letters, which are for the most part laid aside, and by reason of other businesses, not much thought on. Her Majesty's promises to me were so full of grace and freedom, I am confident upon your intercession somewhat will be done for me upon these alterations, and therefore you must follow it close, the manner and matter, by pension or whatever else, I leave to you, having formerly given you some instruction therein. I am changing my lodging to the Faubourg St. Germain in the Rue de Tournon, the place where I am being very unquiet and close, and inconvenient. But my charge will be somewhat greater there, which, though I have little need of, yet I must endure for better air, hoping God will provide for me, or else shortly put an end to the course I am now in, by some way or other. The trunk of secret papers I think safest where it is, therefore you need not stir more in it. P.S.—I have at last received my trunk safely. [3 pp.]
Jan. 28./Feb. 7.
Paris.
92. The same to the same. Since writing the other that goes herewith I have been at the Cardinal's ballet, the design whereof was a representation of the late victories this King has had by sea and land against the Spaniards; and the scenes were changed according to the sea and land services both in besieging of towns and firing of fleets at sea. The scenes were very well set out, but those that had the ordering of them were not dexterous, so that when they were to be changed they often stuck in the opening and shutting; and the ships were many times on ground, and could not slide without the help of some hands that often were seen, which took off much of the grace. Otherwise there was the utmost variety of scenes with dancing, singing, and exquisite music; also of rich apparel fitted to the persons and actors, that I have seen, and I believe much beyond anything of this kind formerly done here. The first scene was a representation of Hell, and the dancers were little devils, at whose coming out and during their dancing so many squibs and sulphurous fires were cast on the stage that the whole room was filled with smoke and a very offensive smell. But after, besides many others, there were entrances of tumblers, vaulters upon the horse and rope-dancers, all which performed their parts very rarely and according to the measure and air of the music. After these scenes and dancings were passed, and the great veil of the stage let down again, there was a collation of sweetmeats and fruit brought in voiders which entertained the King and Queen near an hour; and then the veil being pulled up again, the stage was cleared of all the scenes and turned into a goodly dancing salle or hall, hung with brave gilded leather and the roof all covered with the same, and likewise a state [couch] and seats, for the King and Queen and all the ladies. This was very noble and it seemed strange it could be fitted in so short a time. There the Queen and ladies danced "the Bransles and Courantes." You may speak of these things in discourse, but show not this letter to anybody. I have now written to the Queen about my business and have left the letter open that you may see it and then seal and deliver it if you think fit. You are on the place and therefore can best judge what to desire of the Queen, and in what manner, and so I must leave it to you. But I wish you to address yourself to Mr. Montague and Mr. Germain and desire their assistance and advice with remembrance of my humble service, and thanks to Mr. Germain for his noble letter of this week. If you did the like to the Duke of Lennox and the Marquis Hamilton from me I think it will not be amiss. [2 pp.]
Jan. 28./Feb. 7.
Paris.
93. Robert Reade to the same. Our clothes for Lent will scarce come till Easter if they make no more haste than the others did, which we received last Friday; Wednesday next here is Ash-Wednesday. In the bundle of cyphers were three of Sir Arthur Hopton's, besides a key to uncypher. I judge by what you write that the King has delivered Lord Cottington only the key; if so, his Lordship must ask for the rest. The last, and that only, as I think, is now in use; it is of my making, and will be easily known from the rest by my handwriting. Some sentences in cypher. I find you are still in expectation of Mr. Secretary's charge, but all who write thence besides yourself think it will not yet be delivered in. I wish with all my heart the business were dispatched one way or other, for it is a fearful thing to live thus separated from our friends, not knowing what or when will be the end of these misfortunes. M. Chavigny has been only visited yet, who has so solemnly invited Mr. Secretary to the mask this day that it cannot in civility be refused. This jollity is in honour of a marriage between the Prince of Auguin [Duke D'Enghien] son of the Prince of Conde, and a niece of the Cardinal [Richelieu] [Mdlle. de Brezé], daughter of the Mareschal Brezé. P.S.—My uncle desires to know what money has been received for board wages since our coming away, and what hopes you have of money out of the Exchequer. My cousin Christopher's trunk was sent towards Rye last Friday. [2 pp.]
Jan. 28. Petition of Ann Jones and Charles Price, to Francis Lord Cottington, Master of the Court of Wards. Ann Jones, the ward's mother, and Charles Price petitioned for respite till next term to return the office after the death of Richard Jones, and to compound for the wardship of his heir, alleging they want evidence to prove tenure. Underwritten,
93. i. "Let the petitioners return the office and attend with a schedule, &c. the second sitting in Easter term next. Francis Cottington." [On same paper as Jan. 27. See No. 85. Copy. ¼ p.]
Jan. 28. 94. Table showing the number of soldiers in each of the companies of the 16 regiments mustered [at York] under date. The strength of the 16 regiments when mustered on Sept. 7, 1640, was 17,747; Oct. 23, 16,638; Nov. 28, 17,553; and Jan. 28, 1640[-41], 17,420, being 327 less than on the first muster, and 133 less than on the 28th Nov. [2 pp.]
Jan. 29.
York.
95. Sir John Conyers to Edward Viscount Conway. I humbly thank you for the news in yours of the 26th inst., and the honour you have done me in delivering my letter to his Excellency [Algernon Earl of Northumberland]; in a postcript of his to me now he gives me the same answer he did to you, with assurance of his friendship henceforth as if this business had not happened. I so much honour him that I was very much troubled, and am very glad I have given him satisfaction in it in some kind. I shall not fail to remember your money, but till it comes from London for the army there is no hope of any. Sir Foulk Huncks showed me that warrant I sent you and entreated me to write to you of it, because he thought he that had the keeping of it did not make the true use of it as you intended. I have not heard that he said what you write, nor can I think it possible he should say or do anything with intent to prejudice your service; he that has the warrant ought to have kept it to himself till he had occasion to use it for your service, which he did not, for then Sir Foulk Huncks had never known of it; but it seems he used it for his own profit, as Sir Foulk informed me. His Excellency [the Lord General] writes that by a letter Mr. George Butler showed him, he perceived that not only Cottingham, but all the other villages desired your regiment might be removed, and therefore he gives me order to remove it into other quarters as soon as I can. It is true since my last to you many of that country came to me and delivered me this petition to that purpose. I have written to Sir Foulk to bethink himself and inquire where your regiment can be best quartered; and when they do remove I will ordain them the best quarters I can find. When Armstrong returns from Richmond [in Yorkshire] I will employ him in it, but as I wrote to his Excellency I cannot see that they can remove without money. We should be wonderfully glad to see you here, but I fear it might prejudice you to be so far from the Court and Parliament. I send you the news we have here [at York] of the new officers. [2 pp.] Enclosed,
95. i. List of the changes in the officers at Court. Sir John Bancks is made Lord Chief Justice of the Common Pleas. [Sir Edward] Littleton, who was Lord Chief Justice, is Lord Keeper, Mr. [Edward] Herbert is made the King's Attorney. Mr. Gardner is made the King's Solicitor. Sir Robert Heath, who was out of favour, is made judge [in Sir William] Jones' place [in the King's Bench.] The good [Robert] Earl of Essex is to be Lord Deputy of Ireland. The Earl of Bedford [is to be] Lord Treasurer in the place of Bishop [Juxon] of London. The Lord Digby, Earl of Bristol, to be Lord Privy Seal. Lord Digby's son to be Secretary of State in Windebank's place. The Lord Say is to be Master of the Court of Wards. [½ p.]
Jan. 29.
Mark Lane.
96. Rich. Carmarden, Surveyor General of Customs, to Endymion Porter. I will now make you a fair offer for your reversion of my office. Certain lands, tenements, &c. lying westward were granted by Hen. 8 to A. B. and his heirs male in fee simple, who are now all extinct. The old rent is 55l. 13s. per annum, it cannot be worth less than 500l. per annum. I conceive it to be of a greater value; however, I dare be your tenant at 400l per annum. You may easily procure it from his Majesty in fee farm to you and your heirs male at the old rent. If it were double the value I mention, I would willingly present it to you, for it is no loss to me if you should get 20,000l by this change, and his Majesty gains also. Be pleased to answer by this bearer. Touching my son Clovell I humbly thank you for your respect to him and to honest Thomas Tindale. If Mr. Clovell had been as well bred as born he had never offended you nor me, but bear with him I beseech you, for he is downright honest. The overture he and Tindale have made you is of such consequence, being well understood and duly managed, as may make our Sovereign never to be in want of money, but rather lend to his subjects. It is worth ten times the East India Trade, for by that the King has but 30,000l per annum, both inwards and outwards. I presume you need not be pressed to put it on foot, the benefit will be so great. [Seal with crest. 1 p.]
Jan. 29. 97. Dr. Peter Heylyn, a prebendary of Westminster and chaplain in ordinary to the King, to the same. The opportunity I had so unexpectedly this morning, to give you notice of my business, has made me willing to believe that God begins to be in love with miracles again, and that He brought me to you for no other end than the redress of my affairs. Therefore that I may not be wanting to myself or the heavenly Providence, I send this paper-friend to solicit for me, who has not modesty enough to blush at the unreasonableness of the desire, and yet simplicity enough to commend it to you. How much it concerns the King in honour to justify the intimation of his own commands, I saw you so exceeding sensible of that I need not press it. And if I thought that by the attestation I now desire his Majesty might suffer anything in the retarding of his great affairs I were exceedingly unworthy of his royal favours if I should expect it. But my desires being such as can no way conduce to the disservice of his Majesty or the dishonour of his ministers, I must needs think my wrong the greater or my luck the worse in being so unfortunate a solicitor in so just a cause. Not daring, howsoever, to direct you in a way whereby, without appearing in it to your disadvantage, you may endear your zeal to his Majesty's service, in preserving the meanest creature belonging to him. [Seal with arms and crest. ½ p.]
Jan. 30.
Tickhill Castle.
98. Sir Ralph Hansbie to [the Council]. According to your commands by your letter of November 30 last, I repaired to the coney warren therein mentioned and to satisfy you of the value and quantity thereof I appointed the deputy bailiff of the manor of Barnsley whereof the warren is parcel, to attend me; and receiving little satisfaction on view thereof that any considerable profit could be raised out of it, on questioning the bailiff I understood he and another had been farmers of it and well understood it; so I desired him to put his relation in writing, by which you may understand its value. [¾ p.] Enclosed,
98. i. The certificate of Nicholas Medley, deputy bailiff for Barnsley liberty, of the quantity and yearly value of a coney warren on Barnsley common, co. York. [1¼ pp.]
Jan. 30.
Ripon.
99. Sir Jacob Astley to [Edward Viscount Conway]. I have received your letter of the 26th inst. concerning Mr. Daubenet. I shall obey your command and never mention to his Excellence [the Lord General] of his absence nor press for his return. Indeed I have not done it by any one officer, but long since I wrote to his Excellence generally of the absence of many officers. We are in a bad condition here for want of money, the army being unpaid eight weeks next Tuesday. The soldiers are reasonably quiet, but the inhabitants that trust them for victuals complain extremely. I am fain to give them the best good words I can. It is the same case with your horse [troops]. I hear it is reported the foot army is but 5,000 or 6,000 strong, and that many of our men are disbanded; I sent the Lord General a list of the muster taken the 28th of this month of 13 regiments which were found 14,602 men strong, besides 3 regiments whose books were not come in. These 13 regiments were fallen short of their last muster only 140 men. The Parliament has not been acquainted [with the way] to pay armies, especially the Lower House, few knowing of the course thereof; if they will have war, how shall we get the draught horses out of the stables, where they owe so much money, to draw our cannon? If I should be forced to assemble this army on occasion of war, where is money to pay them? Victuals or meat we have none, unless we fall on the flocks of sheep and do violence, and that will not last. If they will have peace, how will they satisfy this army, to put them to march and dissolve, and enable the soldiers to get back into their several counties? Seeing both ways money must come for them, is it not better providence to forecast their charge and provide the money in season, and to eschew disorders and the danger of the army breaking up? I leave all this to your consideration. P.S.—I am recovering from a shrewd sickness and hope next week to be fit for all occasions. [2 pp.]
Jan. 31. 100. Memorandum of orders of the King in Council and other business, transacted this day. The bond of 500l. entered into by William Trollop, gent, of co. Lincoln, in May last, to answer such information as should be brought against him by the Attorney General within one year, concerning riots and misdemeanours wherein he stood charged to have been an actor and abettor, shall by the Clerk of the Council be cancelled in Trollop's presence. A letter [to be written] to the Lord Treasurer to grant licence for exportation of butter; and an order to restore the money to the Lamprey men according to their petition. This day Sir John Bancks, Lord Chief Justice of the Common Pleas, was sworn a Privy Councillor by his Majesty's command sitting at the Board; and took his place and signed warrants. Ordered: that all copies of warrants concerning the commitment of Mr. Danvers, of co. Northampton, who stood committed to the Fleet, should be delivered to him if he desire it. [1 p.]
Jan. 31. 101. Order of Council. The fishermen or lamprey-takers having by their petition to the Board represented that they have, within three years, paid above 1,000l. for the new impost on lamperns, besides the custom, which they not being able longer to undergo, on their petition were referred by his Majesty for relief therein to the Lord Treasurer and Lord Cottington; and petitioners about November 3rd last having some thousands of lamperns to transport, being no way able to discharge the impost, did as they alleged borrow money to leave deposited in the Custom house, London, for the said impost and customs, which they humbly besought might be restored to them. Ordered: that the Lord Treasurer shall give order to the officers of the Customs in whose hands the money was left, to pay it back to the fishermen. [Draft. 2/3 p.]
Jan. 31. 102. The Council to Algernon, Earl of Northumberland, Lord Admiral. Whereas seven boats for carrying soldiers were lately built by Richard Michell, and should have been used in his Majesty's service in the late northern expedition, being now in custody of John Owen, waterman; these are to require you to take care that they be safely laid up for future occasion in some fit place. [Draft. ½ p.]
Jan. 31. 103. The same to Lord Treasurer [Juxon]. Whereas there are about 3,300 firkins of butter, part of a great quantity sent for the use of his Majesty's army to Hull, and by Mr. Commissary Pinckney returned thence as unserviceable, a good part being near two years old and much decayed; whereupon the Lord Admiral gave warrant to the officers of the navy to sell it to his Majesty's best advantage, who having treated with divers cheesemongers and others they are offered 13s. 6d. per firkin ready money, provided that those who buy it may have licence to transport it into foreign parts, or otherwise 12s. per firkin at six months' time for payment; we have thought good, as the butter is decayed, and that his Majesty may not be so great a loser, to require you forthwith to direct the officers of the Customs to suffer the exportation of the butter. [Draft. 1 p.]
Jan. 31. Warrant of the Commissioners for gunpowder to Montjoy, Earl of Newport. To issue 127 barrels of gunpowder at 5l. per barrel for the use of the East India Company. [Minute. See vol. ccclv., No. 61, p. 15. 1/5 p.]
Jan. 31. The like. For 24 barrels to be delivered to Robert Russell of Tower Street, London, ship chandler, for furnishing of ships and for sale in his shop. [Ibid. 3 lines.]
Jan. 31.
Whitehall.
104. Charge of Sir Wm. Russell and Sir Henry Vane, Treasurers of the Navy for ship-money received upon writs of 1639 for the several counties named. Total, 210,400l. Dated at Whitehall 31 Jan. and signed by the Council. Underwritten,
i. Mem. for a warrant to the Auditor [of the Imprest] so dated and signed. [Copy. 12 pp. of which five blank.]
January. 105. Council warrant to George Bingley, Auditor of the Imprest. Whereas by order from us, dated October last, we appointed you to take the account of Sir Wm. Russell, Treasurer of the Navy, for the moneys payable from the maritime parts and counties and by the several sheriffs and other officers, levied by writs of October 1634, as is particularly expressed in a charge for those moneys signed by this Board, and whereas the Treasurer of the Navy was appointed to receive from Lady Darell, executrix of the will of her late husband, Sir Sampson Darell, 3,282l. 3s. 2½d. Forasmuch as we are informed by the accountant that the said moneys are not fully paid him by the sheriffs and other officers, these are to require you to discharge the said accountant on the account of the sum of 973l. 9s. 7d., the remainder of 17,971l. charged upon Surrey, Sussex, Essex, Middlesex, Suffolk, and Kent; also of 24l. 8s., the remainder of 6,735l. charged upon Norfolk and Cambridge; and lastly, of 176l. 13s. 4d., the remainder of 6,735l. charged on Gloucestershire and Somerset; and to set the same in supra upon the heads of the late sheriffs of the said counties, and of the late mayors or other principal officers of the corporate towns appointed by the writs to levy the same. And when this account is by you examined and made fit to be declared you are to present it to the Board. [Endorsed by Nicholas: "Draft of a letter to Auditor Bingley made by the Auditor and Sir Wm. Russell. To be presented when the Lords first sit; concerning the arrears not paid by the maritime parts for shipping." Draft. 1 p.]
[Jan.] 106. Order of the King in Council. This day his Majesty sitting in Council declared his royal pleasure that a commission should forthwith be prepared and directed to [names wanting, but see Rymer's Fœdera, xx., p. 509] any seven or more of them, authorising them to consider the present state of his Majesty's yearly revenues which arise by law, setting aside such part of the custom, as, being not his of ancient right, is usually granted him by bill of tonnage and poundage; and for this end to call to them such of his Majesty's officers and ministers as they think fit for their better information in the premises; and thereupon to frame a balance of his Majesty's revenues and all his expenses ordinary and extraordinary, and on further consideration thereof to make such retrenchment of his Majesty's expenses, as well household as otherwise, that he may be able to subsist, though in a mean fashion, and below his kingly dignity, upon his own revenue without burdening his subjects, in case the Parliament shall refuse to grant him the Bill of tonnage and poundage in such sort as it has been usually and time out of mind granted to his royal predecessors. Of which the said Commissioners are to make a representation to his Majesty that the same may be further proceeded in as shall be found most agreeable to his Majesty's foresaid gracious intention. And of this his Majesty's pleasure, his Attorney-General and the rest of his learned counsel are to take notice, and to prepare a draft of such commission aforesaid to be considered by his Majesty and afterwards engrossed and passed, as direction shall be given. [Draft. 2 p.]
[Jan. ?] 107. Declaration of the King concerning Proclamations. Albeit we know well that by the constitution of the frame and policy of this kingdom proclamations are not of equal force with laws, nevertheless, we think it a duty appertaining to us and inseparably annexed to our crown and regal authority to restrain mischiefs and inconveniences we see growing in the commonweal, against which no certain law is extant, and which may tend to the great grief and prejudice of our subjects, if there should be no remedy provided till a Parliament; which prerogative our ancestors have in ancient as in latter times used and enjoyed. But if, since the beginning of our reign, proclamations have been more frequent than in former times, or have extended farther than is warranted by law, we take in good part to be informed thereof by our loving subjects, and take it to heart as a matter of great consequence; and therefore we will confer with our Council, with our judges and learned counsel, and will cause such our proclamations, as are past to be reformed, where cause shall be found, and for future time will provide that none be made but such as shall stand with the laws or statutes of the kingdom; and such as in case of necessity our progenitors have by their prerogative royal used in times of the best and happiest government of this kingdom. [Endorsed: "His Majesty's power to issue proclamations, and touching such as are extended farther than is warranted by law." 1 p.]
[Jan.] 108. Petition of Jane Horman in the name of and as attorney for Michelle le Marquand her mother, both of Jersey, to the Council. Your Lordships were pleased December 20th last to refer the annexed petition to Dr. Thos. Rives, his Majesty's Advocate, to examine the proceedings had in petitioner's cause, and to certify the state of the business, with his opinion of the fitness of the thing prayed in the petition, and what was to be done for petitioner's relief. Dr. Rives having perused the said proceedings, has made a report to you, hereunto also annexed, concerning the state of the business, and what is fit to be done therein. Petitioner prays you to direct your letters to the Bailiff and Jurats of Jersey to proceed to a hearing of the cause in a full Court, according to the Act of September 26th as is expressed in that report. [1 p.] Annexed,
108. i. Petition of the same to the same. Petitioner on Oct. 20th last, in the name aforesaid, sued John Horman, son of Michelle, for certain rents and other demands in Jersey, as more at large appears by the proceedings, and received sentence against her, for want of due information as petitioner conceives. Therefore she craves of you to direct letters to the Lieutenant Governor, bailiff, lieutenant bailiff, and some of the jurats there, authorising them to reexamine the differences betwixt the mother and son and to compound them if they can; else to report to you the true state thereof. Underwritten,
108. ii. "Reference to Dr. Rives to examine the proceedings had in this cause, and to certify the state of the business, together with his opinion touching the [fitness of] the thing prayed, and what is [best to] be done for petitioner's relief. Whitehall, December 20, 1640." [Damaged. 1 p.] Dorso,
108. iii. Report of Dr. Thomas Rives to the Council on the above petition. I have considered this petition and the Acts of Court mentioned in your reference; but having also heard the verbal narration of petitioner, I find the petition so short of the case itself that you could have no ground to do her right upon the petition were not the Acts of Court as short as it. It appears by the Act of Court of September 26 [last] that the plaintiff sued for the recession of the grant of certain lands of hers made to her son John Horman by her husband in his lifetime, to which it seems she gave her consent, but compelled thereto, as is now supposed, by the threats and often beatings of her husband. On October10 following, the bailiff assisted by two of the jurats only, as appears by the Acts, ordered the defendant to pay the plaintiff two quarters of wheat which were never demanded. The case thus standing, my opinion is that there are two apparent defects in the sentence, the one is that a matter of inheritance is here judged by the bailiff assisted only by two of the jurats, which I conceive to be contrary to the custom of that isle. The other is that the case in question, which was the recession of the grant made to her son through the compulsion of her husband, is no way decided for or against her, but only two quarters of wheat were ordered to be paid her which were never denied by defendant. Therefore I conceive that in point of justice you will do well to require the bailiff in a full Court to hear the cause, according to the Act of September 26th, requiring them to do her justice according to the law and custom of that isle that there may be no further cause of complaint to you. 2nd January 1640[-41.] [1 p.]
Jan. 109. Council warrant to John Grey and John Heynes, messengers, to apprehend John Crowder a monk, Mr. Herbert alias Turberville, a monk, John Fisher alias Percy a Jesuit, Mr. Hollins a Jesuit, Mr. German a Jesuit, and Mr. Hamon a secular priest, wherever they find them; and bring them before the Council to answer such things as shall be objected against them. They are also to seize all heretical, schismatical, superstitious, and popish books, scandalous libels or dangerous letters, with all massing stuff and reliques of superstition and popery. [Draft. 1¼ pp.]
[Jan.] 110. Petition of the nobility, knights, gentry, ministers, freeholders, and inhabitants of the county of Bedford to Parliament. Divers petitions against the order of our Common Prayer, and the established form of our church-government have pretended to be presented to Parliament from several places of this kingdom. These petitions have been countenanced by a numerous subscription of persons for the most part incapable of apprehending the subtleties and dangerous insinuations concealed therein, and have occasioned the increase of schismatics, sectaries, and all manner of opposers of the form of worship, and church-government by law established. Out of the jealous regard to the purity of our religion, and the peace of our church, we hereby disclaim all such petitions. When we consider that our form of divine service expressed in the book of Common Prayer was with such care and sincerity refined from the dross of Romish intermixtures, and with so much piety reduced to its present purity according to the practice of the primitive times, that it has endured the tost, and received the confirmation of Acts of Parliament; when we consider the function of episcopacy, the antiquity of their institution, the benefits which have been derived to our religion from their piety, fortitude, examples, labours, martyrdoms; that divers of them (ancient and modern) have been the champions, and assertors of our true religion against the common enemy of Rome; and that the general current of their doctrine hath not been dissonant from the sacred Scriptures, and the substance of our religion expressed in the Articles of this Church of England. In this case for the said petitioners to attempt an extinguishment of our liturgy, and the utter extirpation of episcopacy, we cannot apprehend it to savour either of religion or piety, but that their designs do conduce to the danger and disturbance both of the Church and State. The exorbitancies of ecclesiastical jurisdictions and the innovations lately obtruded upon our Church we apprehended as great and insupportable grievances, and we rejoice in the pious provisions for the suppression of popery, the removing of innovations, and the regulating of ecclesiastical proceedings. But for the said petitioners from personal abuses to conclude the eradication of the function, we conceive a dangerous inference in relation to any profession, neither can we assent to it as agreeable to justice or charity; but believe that under pretence of reforming innovations, they intend to introduce an innovation of pernicious consequence, and to subvert that government under which our Church has flourished so many years. What the inconveniences will be which must necessarily attend a parity and presbyterial discipline (the principal object of their designs), how incommodious (at the instance of a party both in number and quality inconsiderable) to abolish those orders and establishments which the far greater number and more considerable are desirous to continue, and what other prejudices are like to ensue upon such general animations to distemper as have lately been diffused amongst the vulgar by writings, pamphlets, invectives, seditious sermons, and the infectious example of tumultuous spirits interrupting the administration of divine service, have been formerly represented to the wisdom of this great assembly. All which we submit to your grave consideration, praying that the present form of our church-government and the book of Common Prayer may be continued; and the statutes concerning offenders against the same may be put in execution; and that such speedy care may be taken for settling the peace of the Church as may tend to the glory of God, and the felicity of this Church and commonwealth. [1½ pp.]
[Jan.] 111. Petition of Theophilus, Earl of Lincoln, to the House of Lords. Petitioner and his ancestors, Earls of Lincoln, were, and for years past have been seized of the manors of Aslaby, Poynton, Billingborough, Horbling, and Swaton in co. Lincoln, and in these manors are several fens which being supposed to be surrounded with water, his Majesty of late years has issued several Commissions of Sewers for draining them and other low grounds between the city of Lincoln and the river Glen, directed to divers Commissioners, many of whom were and are sharers in that level; and on their view they decreed great quantities of petitioner's manors to be hurtfully surrounded and taxed the grounds at 13s. 4d. the acre, to be paid by a day shortly after; but they did not proceed therein by inquisition and jury, as by law they ought to have done, yet petitioner by the day fixed or soon after, long before anything was done about the drainage works, tendered his tax-money and security for it on purpose to save his inheritance and freehold from alienation and sale by the Commissioners. All which, notwithstanding the Earl of Lindsey being declared undertaker for draining that Level, on supposition that he has drained so much thereof as lies between the river Glen and Kyme-eau has obtained laws of sewers to have out of petitioner's manors about 2,000 acres, worth about 700l. per annum; whereas petitioner offers to prove that that part of the level is in no sort sufficiently drained, but by reason of the banks cast up to safeguard the part of the fens allotted to the Earl of Lindsey, the rest of the fens within petitioner's said manors which is left to him and his tenants, is upon every flood sooner, longer, and deeper surrounded than heretofore within any man's memory. And in Swaton manor, by direction of the Earl of Lindsey and his participants, a cross bank is made over a great common sewer which endangers the drowning of the whole town on occasion of any great flood; and the said laws of the Commissioners of Sewers are in very many points erroneous and illegal. Which proceedings being so prejudicial to petitioner in his freehold inheritance, and of dangerous consequence; he prays your consideration of these laws of sewers, and that he may have right done him as appertaineth to justice and equity. [Diffuse marginal notes, probably by the counsel of Robert, Earl of Lindsey, disproving the allegations in the petition.] Dorso,
111. i. "Sir, Mr. Cony and Mr. Coke conceive it very material: 1. That Mr. Lyens be sent for. 2. Some persons of credit and understanding being nowise interested may forthwith view the fens, and depose they are not worse surrounded than before the undertaking. 3. The certificate of Mr. Cawdr[on], and what the clerk has material to that or other the draining. 4. The law of sewers for making Skirbeck Goat at first; to prove by that that the country [was not] taxed for new works, it was done 30 or 40 years since." [4 pp.] Annexed,
111. ii. Memoranda about the business of the West fen, co. Lincoln, in the same hand as the marginal notes on the above petition. [8 pp.]
[January?] 112. Petition of John Ward, clerk, to the same. Petitioner being incumbent of, and a constant preacher at the church of Dennington in Suffolk for 12 years, was suspended by the Chancellor, a Commissioner of the now Bishop [Wren] of Ely, then Bishop of Norwich, because he would not read the second service at the Communion Table, set altarwise, where few of his parish could hear. Shortly after, one Ezekiel Wright caused him to be brought into the High Commission, where he was prosecuted with all violence, and Dr. Eden, one of the judges, was his examiner; and petitioner, to free himself of expense, being questioned for matters done before his Majesty's reign, and having his Majesty's coronation pardon, pleaded it; but the High Commission refused to allow it, and deprived petitioner and took from him his instruments of institution and induction, having caused him to spend above 200l. in the suit, and did by the sentence not only make him incapable of that living, but of all spiritual promotion. After which Wright on his own desperate oath procured a messenger out of the High Commission to attach and detain petitioner till he had 40l. or 50l. from him for staying in the parsonage after the said sentence, and yet forced him to move out of it in the midst of winter to his great loss; and has ever since taken the profits of the benefice worth above 200l. per annum, and yet has not resided on the cure nor been helpful to the relief of the poor. Prays the sentence so unjustly made may be repealed, and that he may have recompense for the wrongs he has sustained from Wright and the High Commissioners. [1 p.]
[Jan. ?] 113. Note of the several statutes urged in Thomas Earl of Strafford's impeachment of high treason. Underwritten are the following questions apparently on the statute 25 Hen. 8, c. 19:—1. Whether the endeavour to subvert the fundamental laws, &c., and to set up an arbitrary government, be treason ? 2. Whether a single testimony, accompanied with other pregnant circumstances, be sufficient to evidence and prove treason ? 3. Whether the 15th article [of the impeachment] may be adjudged a levying of war against the subject? 4. Whether the offences contrary to the statute 18 Hen. 6, triable in England, they being done in Ireland, shall be tried in England, the law being in force in both kingdoms. Peers to be tried before the Lord High Steward, 1 & 2 Philip and Mary, c. 10. § 54. The witness must be present in person if he that is to be tried require it. Ibid. §. Antepenultimate. The subjects bound to serve the King, &c., 11 Hen. 7, c. 1, and yet shall he not press them. [The above notes and questions are apparently on behalf of Strafford, and from the endorsement would appear to have been copied from a paper in Archbishop Laud's hand. 1 p.]
[Jan.?] 114. Note by Edward James of the crimes of which the persons named in the schedule annexed to Capt. Henry Brunker's petition were convicted, and by whose warrants they were severally reprieved. The crimes are chiefly theft, burglary, highway robbery, and there is one case of murder out of the list of 14 names; they were reprieved mostly by his Majesty or the Council. [2 pp.]
[Jan.] 115. Paper touching the accounts of the office of the Ordnance, giving reason why it is evident the officers of the Ordnance cannot give due account of that office. Because Mr. Morrice, the prime accountant, keeps neither journal nor ledger, nor do the other officers; so that neither particularly nor conjointly can they deduce an account. They profess to subscribe implicitly to Mr. Morrice's account; they have given false accounts to the Parliament. They neither have nor can account for the special things and voyages commanded from his Majesty by privy seal or the Lord Treasurer's warrants. Mr. Morrice has been a year drawing up accounts and yet must have longer time to set forth the state of the magazine. He is not qualified in an account of charge and discharge or to bring it to a balance. A good accountant may detect his imperfections, and give some evidence what the office has cost, what of it is spent, lost and embezzled, and what remains. A controlment of their ill beginning, and the establishment of a due form of account will prevent the officers' falsehood and his Majesty's loss, detect offenders, inform the strength of the magazine, declare the cost of each expedition, call for the returns, state them again and their reconversion; bring all to such a balance that the account shall justify itself and the officers, or check delinquents, ease the artificers, take away the trouble of the Lords, shew whether the value of the stores diminishes or increases. It will be a means to dispatch suddenly all occurrents, or shew how to promote army or navy, which lies at charge upon the dull officers, who being many are not so valuable as one, save to prevent fraud, whereof and of the rest a good account is a perfect remedy. The auditor of the imprest will not only have an account of the money issued, but of the stores for which it was issued, which are far more valuable than money, for the one may be had always, but the other not. The ancient officers and clerks are averse to all new propositions which meet their inveterate frauds and defects. They annul the commissions by moving the lords, &c. to the elaborate business of taking the remainder, and while that is in hand to involve the new provisions with the old; whereas if their books were first sequestered and viewed by an accountant as to what is in the magazine, the officers for their own clearing must shew that there is in store what there ought to be. His Majesty has a comptroller in his Household, his Navy, his Works, &c., and a comptroller in the office of the Ordnance, to put them into a true method while the old is in handling, would be of great avail; if such an officer draw charge on his Majesty, it will be saved many ways, besides the prosperity of the magazine. If innovations be not admitted in the office yet the corroborating of the Constitutions of 1620 will work good, if the officers' contradictions and disputes, which are impertinent, be suppressed, some few additionals be made about officers intruding on one another's duty, and the constitutions be made relative to the ordinary 6,000l. per ann., and the extraordinary, as now the State has occasion to use them. Every nature of goods to have his station in account as debtor, every man that delivers goods as creditor, and all that transact anything to be parties to the account, and in sum, everything received or the receiver to be debtor to the thing delivered or the deliverer; this will make a due account of charge and discharge that proves or disproves itself. [2 pp.]
Jan. 116. Note of a direction to Mr. Marsh, his Majesty's storekeeper in the Tower. That at the end of this month of January he certify what gunpowder remained in store in the Tower on the first of the month, and what the gunpowder maker shall have proved by the end of the month; also what gunpowder is returned from any of his Majesty's services in that time, which sums being cast up, he is then to certify what powder has been delivered out for his Majesty's service in a total by itself, and in another total what has been sold and to whom in the same time, that so the total issued being deducted from the total of remainder and receipts, it may appear at the end of the month what his Majesty's store of powder is in the Tower, and such certificate he is to make monthly and send sealed to Mr. Nicholas. [¾ p.]
[Jan.] 117. A list of the carriages for the officers of his Majesty's army. Total, 486 waggons, whereof 456 are to have 3 horses apiece, and the 30 appointed for the Lord General are to have 6 horses apiece. Total cost of the waggons, 3,371l. per month, or 43,946l. per annum. The pay to begin from Feb. 10, 1640-1. [2 pp.]