State Papers, 1651
January-March

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History of Parliament Trust

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Thomas Birch (editor)

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1742

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'State Papers, 1651: January-March', A collection of the State Papers of John Thurloe, volume 1: 1638-1653 (1742), pp. 168-176. URL: http://www.british-history.ac.uk/report.aspx?compid=55247 Date accessed: 19 April 2014. Add to my bookshelf


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January-March

Letter from Robert Dunbar, appearand of Wastfeild, — directed thus:

For the right honorable the lords and others assembled in parliament, committee of estates, or counsell, these. Orig.

From the public records of Scotland in the laigh parliament house at Edinburgh.

Right Honorable,
It pleased your lordships (whylst I was not seeking ani charge) to lay your commands on me for bringing out a regiment out off the earle of Seafort his division. And in obedience to your lordships ordoures, I did with all diligence goe about the service, quhich (after much travell and expences to myselfe, and some officiares) I had brought to some good effect, haweing most part of the low countrie at ane head, and ready to have marched upon ordors. I was expecting the proportione of the farre Hielands, quhich had been often promissed to me befor be the earle of Seafort's frinds, untill at last upon the sourth day of this instant Januarie, the laird of Tarbet, with mani other gentlemen of the name, accompanied with sextie horse and some four hundreth foote, did in a hostile manner invade me, and thes quhich I had levied, quho being thair owine men, and given out by themselves, and haweing no good will of fighting or standing to thair owine defence, verie soone upon the sight of thair maister's comeing against me in armes, take the flight, the invaders not intimating or shewing me so much as the least command from your lordships, or ani haweing authoritie: like as in end ane gentleman called Rodericke Mc Kenzie of Daffmaluake, in name of the rest, accompanied with ane great number of his accomplices, came pretending ane order from ane representative, the laird of Pluscardene, and disbanded the remander that did not formerlie flie. Albeit such irregular and tumultous insurrectione vant not examples, yet I cannot but wonder, that gentlemen sould hawe fallen upon it at such a tyme as this. I will not aggravate it at all, nor desyre I to incense your lordships displeasure; nor is my particulare worthe the notice takeing of. I onlie thought it my dewtie, nakedlie to signifie the matter to your lordships, that yow may doe in it quhat yow thinke fitt, and quhat yow conceave may be for the good of the caus, and preservatione of the kingdome. Quhatever command your lordships sall be pleased to lay on me heir anent, I will chearefullie obey; onlie I hope your lordships will not impute the miscarrieing of your service to me, or compt it my fault; for (God willing) I sould hawe had the regiment readie to marche be the tyme, that thes can come to your lordships hands; but now there are not two of them togither. I ceass to trouble your lordships further, but will expect your lordships answere; and that thes may be for my humble exoneration at your lordships hands, and to witnes, that I am

Ferres, 13 Januarie 1651.

Your lordships most humble servant,
Robert Dunbar, appearand of Wastfeild.

Produced 24 January 1651.

Letter from the committee of Banff, — directed thus:

For the right honorable the committee of estates of this kingdom of Scotland, these. Orig.

From the public records of Scotland in the laigh parliament house at Edinburgh.

Right honourable,
Wee have resaved tua severall lettires, one from his majestie daited the tuentie fourt of December last, upone the tent day of Januar instant; and ane other with certaine instructiones this day from your lordships, daited the fourt of Januar instant; both relateing to ane act of parliament made for this present levye, and desyreing us off the committie of this schyre to goe speidillie and activelie about the putting of the said act in executione within our limites. And becaus we have not as yet seine any such act, notwithstanding his majestie hes be his lettir signified, that the samen act was to come along thairwith, and that the maister of Bamff, quho (as he is informed) is concerned in the bussines, and to have ane chairge of foot within the samen, hes desired us (for giveing testimonie of his diligence and affectione) to tak the saidis lettires and instructiones to consideration; we have thairfore, in relatione to the saids lettires and instructiones, and that the busines in our default be not retarded, sent the bearer, desyreing that with him the said act may with all possible diligence be sent hither to us, that (seing upone the recept of his majestie's lettir we have already givin advertisement to this schyre to be in readines) upone the sight of the act wee may goe so activelie and speidillie about the effectuating of quhat we shall be injoyned thairby, as that wee may be esteimed to be

Banff 15 Januar. 1651.

Your lordships most humble and obedient servantes, A. Urquhart I. P. C.

Producit the 20 January 1651.

Letter from the master of Banff, — directed thus:

For the right honorable the committee of estates of this kingdome of Scotland, these. Orig.

From the public records of Scotland in the laigh parliament house at Edinburgh.

Right honorable,
Haveing seine your lordships instructiones to our schyre for making the levies injoyned be the parliament with all speid effectuall, and that thereby the colonells ar appoyntit to give frequent advertisment of the proceidinges and diligence of the committies of warr of ilk shyr; and understanding, that it hes pleased his majestie and your honors to nominate me to be colonell of foot for this shyr off Banff; I cannnot but acquaint your lordships, that I have gone to the committie of the shyr, and requyred them to goe about the levie injoyned, conform to his majestie's lettir and act of parliament; and they pretending that they hawe not as yet receaved the said act, does altogithir delay. Quherfoir my humble desyr is, for advancing the service, and for making them inexcusable, that the said act of parliament may be directit to them with the bearer be your lordship with ane reproofe for ther slaknes, after the recept of his majesties lettir, and your honours instructiones. And in respect this slownes proceids from the weaknes of the committie of war of this shyr, my humble desyre is lykwayes, that ane certain number may be added to the said committee, quhois names I hawe maid bold to represent to your lordships heirwith inclosit, quho wer upon the said committie befoir; and quhat is or shall be commanded by his majestie and your honors, sal be fullie and spedilie obeyed by

Inchdruer, 16 January 1651.

Your honours most humble servant,
Georg Ogilvy Mr. Banff.

Produced the 20 January 1651.

Letter from the committee of Forfar, — directed thus:

For the right honorable the committee of estates of parliament. Orig.

From the public records of Scotland in the laigh parliament house at Edinburgh.

Right honorable,
The schyre of Forfar being most frequentlie conveened for promoving the instructiones sent be your lordships to them, hes sent the lairds of Tealling and Kirktowne Scrimseour to give your lordships ane accompt of thair dilligence, and humblie to supplicat your lordships to consider of our desires to be representit be them in our names, and to grant the samen to ws, that we may be incouraged for carrying on the publict work, which is resolved to be cheirfull carried on be this whole schyre. So praying for all happines and success to your lordships proceidings, wee rest

Forfar, Jan. 1651.

Your lordships humble servands,
J. Ogilvy of Balfour, I. P. C.

Presented to the committee of estates, 20 Jan. 1651.

Letter from the committee of war of Elgin, — directed thus:

To the right honorable the lords and uthers of the highe court of parliament or committee of estats. Orig.

From the public records of Scotland in the laigh parliament house at Edinburgh.

Right honorable,
In obedience to the ordinance sent us from the king's majestie and the parliament, we have been wsing all diligence for furtherance of the generall levie. We have appoynted the last rendewous to be on the tuentie eight of this instant. The great povertie of thes places, and the want both of armes and money, makes the progress slowe. The laird of Innes is not as yet come hither to wndergoe the charge of the horse, whiche will be so fewe and inconsiderable, as they will not be worthie of the paines. As wee shall proceid, your lordships shall be advertised by

Forres 17 Jan. 1651.

Your lordships most humble servants,
Lodowick Gordon
A. Dunbar of Grangehill
J. Campbell
Sir Al. Sutherland of Duffus
John Innes of Leuchars
W. Broche
Robert Dunbar appearand of Wastfeild
W. Brodie of
A. Douglass.

The letters from the king's majestie and the parliament anent the leavie cam bot this day to our hands by the laird of Duffus.

We desire to knowe with all expeditione, whither it be your lordships mynd, that the laird of Grant should command anie other of this dewision bot his owen freinds and following, as other cheiffs of clanes. And becaus that part of the shyre of Invernes, which was of his division, is not clearly disposed of; we have humbly thoght it fitt, that they should be joyned with the laird of Grant, the most part being the erle of Murray's tennents and hylanders, becaus they will more willingly joyne with him then our lowcuntrey men; which if your lordship think fitt, yow may interpose your authoritie for making this effectuall.

Produced the 2d Feb. 1651.

The list of the armes brought home be me Alexander Cunninghame merchand and burgis in Craell.

From the public records of Scotland in the laigh parliament house at Edinburgh.

First of musketts278
of karrabins70
of swordis1000
of pilkis800
of pistolls220 pear
of match50 steane
of muskett ball4200
of drums8 peis
of pouder6 barrell
whereof 30 pear belongs to James Sword.

A. Cuninghame.

And that these ammonition are not sent to any, bot are to be sold by me to any, who will give me readie monies, and are not sent home be sir Jhone Macleir to his majestie; as witnes my hand at Anstruther the 17 of January 1651.

A. Cuninghame.

Letter the lord Angus, Humbie, and sir John Smith, with a note of armes come in at Anstruther, — directed thus:

To the right honorable the earle of Loudon lord high chancellor of Scotland, and re manent lords and others of the committee of estates at Pearth. Orig.

From the public records of Scotland in the laigh parliament house at Edinburgh.

Right honorabill,
According to our instructiones wee have been als dilligent as we wer able, to secure all the goods taken at the Bass; bot finds befoir we came hither, that the men, whoe wer in the schipp, had embeselled a great quantitie of the goods, quheroff we cane gett nae knowledge, whither they are gone, or to whom they are sold; bot that we hear in generall, that these in this towne have bought many of them, bot cannot learne the particulare persones. The greatest loss is the hudge quantitie of bootis and schoes taken away, which wer so necessar for our army; and a great number of brydells, stirropis, and girthes. We are extreamlie troubled at this, and shall doe our best to get exact tryall of them, howbeit with litill hope of recoverie. The other particulars stolen by them is Canary wine, strong waters, hammes, tounges, Cromvell's two trunks, &c. Albeit they are (being reakned altogither) of a great vallow, yet these, to quhom they would have belonged of right, does not esteem soe much loss of them, as in what wes for the army.

There is sent this day from this tuo thousand paire of schoes to Stirling be land, and there is embarked in tuo litill barks, whoe promeises to saile hard by the cost syde, and to rune aschore, in case of persuit by the enemie, about sex hundreth bagges of biskett, ilk bagg conteining ane hundreth pund weight, and resolves to take out all the rest of the bootis, schoes, and bread, and put them in sellers and lastis, to be disposed of as your lordships shall give directione. It will be impossibill to cary all the bread be land, alseweell for want of cariage horse, as that it will be spoyled in this wett wether.

Horsemen are appoynted to goe alwayes, some few of them alongst the coast befoir the bark, to view the sea, and to give advertisment, in case of danger, to the barks with the bread, whoe are ordered to goe to Stirling, if they cane wine, at least to goe to Allaway.

Wee desyre to have your lordships directione, what sall be done with the rest of the bread, and the uther provision for the army; whither it sall be sent, and what way, be sea or land, or stay heir in the lafts and sellars.

The kinges pairt and admiralls pairt of the boots, shoes, and stirop lether, and yrones (soe many as are left) are delyvered in specie to my lord Angus and lord Newburgh; except that the kinges pairt of the schoes are to be sent to Perth for the foot regiment ther. As for the particulars wes reported to be in the schip at the Ele, the inclosed will schow your lordships our dilligence therein. No further bot rests
Anstruther 17th January 1651.

Your lordships humble servands,
Angus, J. Hepburne, Jo. Smith.

Letter from Oliver Cromwell, — directed thus:

For the right hon. the committee of estates of the kingdome of Scotland, these. Orig.

From the public records of Scotland in the laigh parliament house at Edinburgh.

My lords,
Having been informed of diverse and barbarous murders and inhumane acts perpetrated upon our men by one Augustine, a German, in imployment under yow, and one Rosse a lieutenant; I did send to lieut. generall David Leslie, desireing justice against the said persons. And to the end I might make good the fact upon them, I was either willing by commissioners on both partes, or in any other equall way, to have the charge proved. The lieut. generall was pleased to alleadge a want of power from publique authoritie to enable him herein; which occasions me to desire your lordships, that this busines may be putt into such a way, as may give satisfaction; whereby I may understand what rules your lordships will hold during this sad contest between the two nations; which may evidence the warr stand upon other pretences at least, then the allowing of such actions will suppose. Desiring your lordships answere, I rest,
Edinburgh, 17th January 2650–1.

My lords, Your humble servant, O. Cromwell.

Produced the 28 January 1651.

Letter from Oliver Cromwell, — directed thus:

For the right honorable leiutennant generall David Leslie, these. Orig.

From the public records of Scotland in the laigh parliament house at Edinburgh.

Sir,
I Perceive by your last letter, you had not mett with Mr. Custaires and Mr. Wauch, who were to apply themselves to you about provost Jaffrays and their release, for the seamen and their officers. But I understood by a paper since shewed me by them under your hand, that yow were contented to release the said seamen and officers for those three persons, who have had their discharges accordingly. I am contented also to discharge the lieutennent for the four troops at Sterling, who hath solicited me to that purpose.

I have here inclosed sent you a letter, which I desire you to cause to be conveyed to the committee of estates; and that such returne be sent back to me, as they shall please to give.

I remaine, sir,
Edinburgh, 17th January 1650–1.

Produced 28 January 1651.

Your humble servant,
O. Cromwell.

Letter from the committee of warre of the sherifdom of Invernes, — directed thus:

For the king's most excellent majestie, and the right hon. the committee of estates. Orig.

From the public records of Scotland in the laigh parliament house at Edinburgh.

May it please your majestie and the honorable committee of estates,
That quheras by the instructiones sent with Duncan Forbes of Cullodin, commissioner for this shyre of Invernes (presentit unto us upon the sexteenth of this current) it is requirit, that the collonels of this shyre give frequent advertisment to your majestie and committee of estates, of the proceidings and dilligence of the committee of warre of this shyre, and of such as ar remiss in their dutie; least our endeavours in going about the speediest way of out-bringing the forces of this remote shyre be any way mistaken (our tender cair being alwayes bendit in goeing about the sam the best wee can) wee humblie show unto your majestie and the committee of estates, that the colonells of this shyre (which consists of clannes) ar presentlie in the remote places of the same goeing about by all means possible for outbringing of the people, whose paynes and endeavores we ar confident shall prove effectuall to your majesties present service; and humblie wishes, your majestie and committee of estates may intertaine a confident oppinione, that ther is nothing moir dear and tender to us, then the going about the sam the best and speediest way we can. Yet in this we cannot be silent (as a mater considerable) that quheras all the cheestans of clannes within this shyr ar by act of parliament claid with power to lead and command ther own freinds and followers, the laird of Mackintosche (a man of knowen loyaltie and fidelitie to your majestie and this kingdome) should only heirin be omittit (as we conceave he is) and therefor our humble and earnest desyres ar (if it may please your majestie and the committee of estats) that (for furthering the service and takeing away all occasione of dishairtening or retardment) ther be ane ordor issued for the laird of Makintosche, or in case of his infirmitie, for Lauchlane Makintosche his brother, authorizing them (or aither of them) to lead and command ther haill nam and freinds (of the nam of Clanchattan) wherewer they ar; and this, as it will put them in the condition of all other clannes within this shyre, so we conceave, it will be a very effectuall meane to invite them the moir cheerfully to the present service, the advancement quherof shall ever be the heartie wishes of, sir,
Invernes, 25 of Jan. 1651.

Your majesties most loyall subjects,
A. Forbes
Robert Bailzie
Forbes of Cullodin
Jam. Forbes
John Polsone
M. Cuthbert
T. Achives
A. Dunbar
F. Frazer
Mackenzie of Kulcowie
Makenzie Kersone
Hector Mackintosche.

Letter from l. gen. David Leslie, — directed thus:

Too the right honourable the earle of Loudoun lord chancellor, to be communicat to the committee of estates.

From the public records of Scotland in the laigh parliament house at Edinburgh.

May it please your lordships,
It lying as a dewtie upon me to represent unto your lordships the necessitie of this place, the souldiers haveing onely received fyve days meall, when they should have had ten, in regard of the present wants, shall humblie desyre to know how ane army once drawen togither, either at this place or elswhere (when the sead shall be sowen) may have subsistance, when your lordships cannot get so much as will intertaine those who are heer. Give me leave also to put your lordships in mynd, least longer delays prove more difficulties, to present unto your lordships the condition of your other guarisons; in particulare Dumbartan, if, according to sir Charles Erskin's relation, hes not above five weeks victuall, the souldiers at this very tyme beeing necessitated to eate up the same, by reason the 3000 pound assigned unto their use is altogither denyed them; and offers unto your lordships consideration, if yow think the regiments to be sufficiently furnished with officers for the performance of so great a dewtie lying upon them; and desyreing that caire may be taken for provyding them with pistolls, and other armes necessar, and to take speciall nottice of these, who hes exacted or shall exact money in the bygane or present leavies, that condigne punishment may be inflicted according to their deserveings. Thus hoping your lordships, after more serious consideration of our difficulties for maintenance, will cause hasten the coming togither of the forces, whereby wee may by God's assistance, whylst it is yet tyme, mak use of these meanes, which hath pleased the Lord to grant us, I continue,
Stirling, the 29 Jan. 1651.

My lords, your lordships most faithfull servant, David Leslie.

Produced the 30 January, 1651.

Letter from the committee of provisions, —directed thus:

To the right honourable the earle of Loudoun chancellor of Scotland, to be communicate to the committee of the estates. Orig.

From the public records of Scotland in the laigh parliament house at Edinburgh.

Right honorable,
Captaine William Sutherland, on of colinell Collein Campbell his captanes of dragoneires, and ane sergaine of his, being conveined befoir ws for some ryottes committed be them in thair quarters, we have fund the serjene to be gilltie of the ryottes, and hes punished him according. As we finde lykwayes upon examinatione of the captane, that of nyne men appoynted to be given out to the presbetri of Migill he hes reseaved thriscore pounds for ilk man of the sax of the nyne by an attour thair horses and armes. And howbeit he pretends, as all otheres doe, that he hes furnished men for the money; yet it is so cleare contrare to the act of parliament, and seine prejudice of the kingdome, that wee think him worthie of the sencer conteined in the act of parliament. And because he presentlie commands ane considerable partie of these dragoneires in uther places by quartering on deficientes, we have ordered him to goe to prisone till he find cautione to compeire befoir ws betwixt and tysday the 18 instant to abyd his sencer, that in the mean tyme your lordships may give order to his colonell for command of his partie; and in our humble oppinione it wer better, that such considerable partie were rather with the armie then to be taking up money in the cuntray.

We are useing all possible meanes to hasten up meill to Stirlinge, and shall still be doeing, albeit we find the people werey backwark.

We send ordor to Dindeie for hastneing up the lances or aney uther armes to this towne.

We have sent men and horses backe expresse with the ordors to the colonell for thair mairche.

Wee sent all the letters and ordors to the north wpon foursday last. What is furder to be commanded shall be willingly obeyed by
Peerthe, 8 Feb. 1651.

Your lordships servants,
A. Hepbwrn,
A. Belsches,
Wauchope,
A. Douglas.
Ro. Hepburn.

Letter from the committee of provisions, — directed thus:

For the right honorable the earle Loudoun, lord high chancellour of Scotland, to be communicat to the committee of estates. Orig.

From the public records of Scotland in the laigh parliament house at Edinburgh.

Right honourable
We received letteris this night lait from the lord Burghlie at Brunzland, who shawis ws at thair was none off these at Bruntzland, who war appoynted be the committie of estaitis but himself and James Sword; and that he had recevid intelligence from Leith, that ane partie of the sectariane armie war gone to Tantallon, and that Houme Castell was randared the secund of this instant, and the governor and some of his men brotht into Leith upon the fyst thereoff.

All thes of Cromwall's armie, except thos that ar sent to Tantallone, and a few in garisonis, ar marched westwardis; and that they had taken aught dayis provisione with them from Leith, quhich they wald not heave gottin doune; unles that ship once at Frazerburth with cheis had turned to Leith to supply them.

Thair is sume lancess comed to this toune from Dundie wanting headis, in respect that John Kniblo is not as yet cumed with them. But when they shall cume, wee shall be cairfull in sending them wp.

Collonell William Drumond his regiment has bein stayed for want of his companie, that should have cumed out off this cuntrie of Pearth. The divisionis betwixt the merchands and the crafts hes the wyt of it, quheroff the provist hes the onle caus of thair not cuming furth. We have givin ordors to quarter upon the provost, and must do so to the rest of the majestratis, if satisfactione be not givin the morrow, befor we go to sermon; and shall give ordor to colonell Drumond to march the morrow the forenone. We heave no farther for the present, but rests
Pearth, 8 Feb. at 10 at night, 1651.

Your lordships humble servants,
A. Hepburne,
J. Smyth,
Belsches,
W. Scott.

The English ambassadors at the Hague to the States General.

In the handwriting of Thurloe. Vol. ii. p. 150.

My Lords,
Wee are commanded by the parliament further to make knowne unto you their just resentment of the execrable murder committed upon the person of doctor Dorislaus, sent from them in the quality of resident unto this state. And although the high and potent lords of Holland have declared their detestation thereof, yet not knowing, that any of the murderers, their abettors, or accessaries have been brought to justice, or that any thing hath been done by your lordships in order thereunto, they are necessitated with all earnestness to desire your lordships best endeavours, that those murderers, wheresoever residing in any of the provinces, may be found out and brought to condign punishment, and doubt not of your justice herein; the honour of both states, the cry of innocent blood, and the law of nations violated by that murder requiring the same.

Endorsed, March 20.

Extracted out of the register of the resolutions of the high and mighty lords the States General of the united Netherlands.

Veneris the 31 March, 1651. [N.S.]

Vol. ii. p. 159.

Upon consideration, it is found good and intended herewith, to appoint and desire the lords Ommeren, Strebelshoeck, Boom, Veth, Rhenswoude, Schuyrmans, and Wolfften to confer with the lords the extraordinary ambassadors of the republic of England, to receive from them such overtures, as their lordships shall please to make, and to make report of all to their high mightinesses.

It agrees with the said register.

Council of state to the Spanish embassador.

Vol. ii. p. 155.

My Lord,
Complaint having been made to this council by James Brocke, commander of the ship the Assurance of London, and the rest of that ship's company, touching certain injuries, wrongs, and abuses lately done them at Malaga, not only by the meaner sort of Spaniards there, but even by the mayor and governor of Malaga, and by their publick allowance and authority; and depositions of witnesses touching the whole business have been duly taken upon oath in the court of admiralty of England: This council upon consideration thereof find it a matter of no mean concernment, not only in respect of the damages sustained by the said Brocke and company in their particular, but principally in regard of those undue exactions, affronts, and disgraces generally used of late at Malaga to and against the merchants ships and good people of this nation, and the abusive names and dishonour there done to this commonwealth. For what concerns Brocke and his company, it appears in brief, that he with his ship the Assurance arriving at Malaga in October last, and one Leverit and others of the ship's company going ashoar to buy some things they wanted, an occasion of picking a quarrel was rather sought than given; some of the Spaniards pursuing the said Leverit under colour, that he had paid false money for a small parcel of brooms, and cutting and wounding him, and taking his purse and money away, and then procuring two of their women to accuse him for putting away false quarts. And albeit the matter of the accusation had no resemblance of truth, in that Leverit was a plain simple mariner, that neither knew the language, nor ever had been at Malaga before, and therefore a person no way likely to vent false money in an unknown place to strangers, to whom he could not speak to be understood; yet was he presently sent to the common prison, and laid in irons amongst rogues, without allowance of any relief; and when the masters, mate, and surgeon of the ship with two others of the company went to the prison to relieve him, they also were forthwith seized on, and clapt up in irons likewise in the same place, and kept in chains, till they bought them off, by paying eight pieces of eight to be cleared of those irons; and when that was done, yet were they kept in prison still; and neither they, nor so much as the surgeon permitted to come aboard, notwithstanding all means made to the governor and mayor of Malaga, representing the necessity of him for the service of the said English ship; prince Rupert being then come into that port, and threatning to assault them, and the ship's company being much discouraged for want of their surgcon; so that in the end the said Brocke the master not being able by any means to get his said men released, nor daring to go ashoar himself to fetch goods aboard that were ready provided, was forced by that harsh and rigorous usage to take his opportunity to sail away with his ship leaky, and a good part unfreighted, and to leave both the said goods and his said men behind him, to his and the ship's loss and damage three hundred pounds.

For what concerns the publick, it appears by those depositions, that upon letters sent by Mr. Brocke to the English merchants at Malaga for their assistance touching the release of Leverit and the rest of the ship's company, they made answer, that they were confined unto their houses, whence they were not to stir upon a great penalty; and averred further, that their houses would be ransacked and searched for having been the merchants, that dealt with Mr. Brocke. And that thereupon Edward Holcroft, the steward of the said English ship, went to the governor of Malaga and the alcade mayor, and desired to know the cause of the said persons imprisonment, and that they would be pleased to bring them to a trial in a legal way, or else release them; for that Brocke the master had great need of them, expecting the enemies coming in thither. But both the governor and mayor slighted his suit; and the mayor told him, that he was a parliament dog, and that they should be burnt the next day. And about five days after prince Rupert coming into the road, the said Mr. Brocke sent the said Holcroft again ashoar to the governor, who acquainted him, that he had great need of his men, he expecting every hour when the said enemy would fall upon him, and importuned and prayed the governor by the respect he bore to the parliament of England, to release the said men, or at least the surgeon of the ship, of whom they had great need. But the governor not only slighted the said suit, but expressly said, that there was one come (meaning the said prince Rupert) that would cut the said Holcroft's throat, and that he was a parliament dog.

And the Spaniards at Malaga and thereabouts did frequently revile and abuse the English, and such as were well affected to the parliament of England, calling them parliament dogs, and rebels, and traytors, and reproached them with murdering their king; and many other vile speeches. But the governor of Malaga sent out his galley to salute and receive prince Rupert, and to offer him the accommodation of the place.

Whereas the English are there frequently wronged by the threats of inquisitions, and dangers of the churchmen and visitors that come aboard their ships, and charge and impose upon them undue exactions, and force them to give them presents and entertainments, and set fines and imprisonments upon them without cause, and force them to buy them out with money. And the mariners of this nation are likewise there frequently abused in their private trade, by having such cask, as they carry ashoar at Malaga, frequently seized and staved by the officers; yea even the same cask that they bought at the same place of Malaga.

My lord, we send your lordship here enclosed the copy of the depositions of the witnesses, that have sworn the truth of the fact, that your lordship may see how it stands verified.

We shall not need to tell you, that by the 1. article of the peace betwixt England and Spain of the year 1630, the subjects and people of that nation are each of them to favour other, and to use one another with all kind and friendly offices. And by the 6. article, That the subjects and people of either nation should from thenceforth abstain from all force and wrong-doing; and whoever should do any thing to the contrary, to be punished not only criminally according to the merit of his offence, but also to be compelled to make restitution and satisfaction for the losses to the parties damnified requiring the same. And by the 7. article, for freedom of commerce for the subjects of either nation without any safe conduct or other license general or special, as well by land as by sea and fresh waters, to go, enter, and sail in and to the said dominions, and all the cities, havens, shores, sea-roads, and streights thereof, and put themselves thereinto with carriages, horses, burdens, ships as well laden as to be laden, to bring in merchandizes, and there to buy and sell as much as they will; and likewise as occasion serves, to repair such shiping and carriages, and from thence with their merchandizes, goods, and other commodities (the customs and tolls according to the present rates and ordinance of the places being paid) with like freedom to depart, and go to their own countries or any other places at their pleasure, without let or impediment. And by the 19. article, that the king of Spain shall take care and provide, that for the cause of conscience the people of the English nation should not be molested nor inquieted, whilst they have recourse to the kingdoms or dominions of Spain, and remain there for commerce, nor in using their trade and commerce; so as they give not scandal to others.

Your lordship may see by this stated fact, that all these articles have not only been wilfully broken by that governor and alcade mayor and Spaniards of Malaga, to the oppression, vexation, and grievous damage of the merchants, ship-masters, and good people of England, and particularly of the said Brocke and his company; but also those odious names and vile reproaches of rebels, traitors, and parliament dogs been cast upon them by that governor, alcade mayor, and Spaniards, together with other abuses and base scandals tending to the slighting, disrespect, and great dishonour of the parliament and commonwealth of England.

This council doth therefore remonstrate the premisses to your lordship, as a business of so much importance, that they do expect that speedy justice be duly administred thereupon; and that not only satisfaction be made to the said Brocke and company, and the other English, for their said damages by that governor, alcade mayor, and Spaniards of Malaga, but that a criminal process go against them, and such punishment be inflicted upon them, as the parliament and commonwealth of England may be thereby repaired in their honour for what is past; and such care taken, that no such abuses, reproaches, affronts, or injuries be done against the English for the time to come.

All which this council doth earnestly recommend to your excellence, desiring you to write and take such effectual course thereabouts, that such real iustice may be done, and satisfaction made, that the good correspondency betwixt England and Spain and the free course of trade may not be interrupted, but preserved and continued.

Signed in the name and by order of the council of state appointed by authority of parliament.

Whitehall, 27 Martii, 1651.

A paper of the States General.

Vol. ii. p. 168.

Les estats generaux des provinces unies du Pais Bas ont declaré sur la memoire presenteé à leurs deputes le cinquiesme de ce mois d'Avril par les ambassadeurs extraordinaires du parlement de la republique d'Angleterre, comme ils declarent par ces presentes, qu'ils offrent reciproquement de leur part a la republique d'Angleterre, l'amitie de cest estat, & qu'ils n'ont pas seulement l' intention de renouveller & observer inviolablement l'union & correspondence, que de toute ancienneté a esté entre la nation Angloise & les provinces unies; mais aussy de faire avec la mesme republique un traité sur les interests communs.

Fait à la Haye dans l' assembleé des estats generaux le 7 Avril, 1651. [N.S.]

Par ordonnance d'iceux, N. Ruysch.