Charles II: February 1683

Calendar of State Papers Domestic: Charles II, 1683 January-June. Originally published by His Majesty's Stationery Office, London, 1933.

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'Charles II: February 1683', in Calendar of State Papers Domestic: Charles II, 1683 January-June, (London, 1933) pp. 38-87. British History Online https://www.british-history.ac.uk/cal-state-papers/domestic/chas2/1683-jan-jun/pp38-87 [accessed 24 March 2024]

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February 1683

Feb. 1.
Guildhall.
Henry Crispe to Secretary Jenkins. Mr. Goodenough, late under-sheriff of Middlesex, came to the Court of Aldermen to-day and sent in a note to the Town Clerk, requiring the Lord Mayor and Aldermen to appoint for each of them an attorney to give an appearance and common bail to the suits of Papillon and Dubois, so that you may plainly see the Whigs have no inclination to be quiet and that it is absolutely necessary that the riots should be tried this term or the sittings after the term. [S.P. Dom., Car. II. 422, No. 63.]
Feb. 1. Order of the Lord Mayor and Aldermen that the Sheriffs and Common Serjeant write to his Majesty to acknowledge his favour in causing the trial on the Quo Warranto against the city for the duty of water-bailliage to be deferred till next term. [Ibid. No. 64.]
Feb. 1/11.
Amsterdam.
Robert Ferguson to his wife. (Printed in Ferguson, Ferguson the Plotter, p. 107.) [Ibid. No. 65.]
Feb. 1.
Whitehall.
Secretary Jenkins to Sir Robert Holmes. A Holland merchantman laden with High Country wines and belonging to subjects of the States General, being distressed about Tuesday last, though not cast away in the Isle of Wight, the Master has written to the Dutch Ambassador here to desire him to use his interest with his Majesty that he may be relieved in the barbarous usages he has received from the people of the Isle. The relation the Ambassador made to his Majesty is to me and to every honest man matter of shame and confusion as well as of pity and trouble, to see that a neighbour nation, whose alliance the King very highly values, is treated in this distress without regard to the faith of treaties, the laws of nations or the dictates of common humanity. His Majesty commanded me to lay this before you and to require you to use your utmost endeavours to rescue these poor men from the violence they labour under and to recover their own for them as much as is possible and that you give me an account of what you shall have done therein that his Majesty may let the Ambassador see that he does what in him lies to answer his obligations by treaty and to punish, as the law requires, those guilty of robbing and spoiling poor people in the extremity of their distress. [S.P. Dom., Entry Book 68, p. 197.]
Feb. 2.
Whitehall.
[William Carr ?] to Mr. Blunt alias Mounson alias Anderson. The King has been so kind to the two gentlemen and is extremely kind to you in particular. All things here go well as to the King's interest. Yesterday Mr. F. and Shockey (Choqueux) and I met at Mr. Shockey's. Sir Ellis Leighton in the same lodging with me in Scotland Yard. Pray prepare yourself for a voyage which must be suddenly. I have been so extremely employed about the East India Company's business that I have not yet kissed Madam Rockwood's hands. The difference between the two great men is not yet ended. We shall have more changes at Court.
Dr. Can. came to town last Tuesday. He presents his services to you. This week we have had two balls at Court. Col. Sidney will be General of the English. My particular affairs go very well. Direct yours to me under Sir John Werden's cover. [S.P. Dom., Car. II. 422, No. 66.]
Feb. 2. Henry Crispe to Secretary Jenkins. The matter you commanded me to lay before you is thus. The rectory of St. Swithin's being vacant by Dr. Owen's death and in the gift of the Salters' Company, Mr. Johnson, who wrote Julian the Apostate, amongst others is a candidate, Dr. Burnet having relinquished his pretensions in Johnson's favour or because he distrusts his interest.
I gave you an imperfect account of Dr. Tillotson's sermon, for, though he declared his abhorrence of that villainous act and gave his late Majesty the character of the best prince that ever lived and said no less of the King, yet he said our religion and liberty in all human probability would expire with him. This I thought it my duty to acquaint you with, because I had before so much commended his sermon on a lame information, which it had undoubtedly deserved, had it not been for this reflection on his Royal Highness. [Ibid. No. 67.]
Feb. 2.
London.
The Duke of York to the Prince of Orange. "I see by yours of the 5 (N.S.) that you were come back to the Hague and that the frost had hindered your hunting in Guelderland and obliged you to come back sooner than you intended . . . . We here have not had so much frost, our ice-houses being not filled nor no likelihood that they will be this winter, the season being so far advanced. I am much of your mind in what you said upon the subject of Lord Shaftesbury's death. The party here do not at all seem to regret him and he did them harm by being too hot. We shall now see who will take his place. I have not time to say more now. . . ." [Over 1 page. Holograph. S.P. Dom., King William's Chest 3, No. 77.]
Feb. 3.
Guildhall.
Henry Crispe to Secretary Jenkins. The Salters' Company used to have a feast the last Tuesday in January, which happening this year on the 30th, they had not respect enough for the royal martyr nor obedience to the laws sufficient to adjourn their mirth, but held a solemn feast on that day. I hope this contempt of the law and despite of the Royal family will not escape the punishment it deserves, and the rather because, if some course be taken with them, it may influence the choice of the rector of St. Swithin's.
Sheriff Shute has forfeited his recognizance by not appearing the first day of term. I hope the King will take the forfeiture.
The Archbishop of York being dead, I suppose, will occasion divers removes. If the King would remember Dr. Calamy for a prebend or some such thing, it would much encourage our city ministers in their loyalty, for which none is more eminent than himself or more like to suffer, his whole income being at the pleasure of the people. [S.P. Dom., Car. II. 422, No. 68.]
Feb. 3.
Brockley.
John Pigott, High Sheriff of Somerset, to Secretary Jenkins. Requesting that the assizes this Lent may be kept at Bath, a very loyal city and a town that can accommodate both judges and country better than any other in the county. [S.P. Dom., Car. II. 422, No. 69.]
Feb. 3. Commissions to Thomas Seymour to be lieutenant and to Adrian Moore to be ensign to Capt. Miller's company in the Coldstream regiment of Guards. Minutes. [S.P. Dom., Entry Book 69, p. 22.]
Feb. 3.
London.
Newsletter to John Squier, Newcastle. The prohibition being neither allowed nor disallowed by the judges at Westminster concerning Mr. Sands, the interloper, only time taken to consider of it, is of infinite prejudice to him and all the undertakers and owners of his ship and lading.
On Thursday Mr. Goodenough, late under-sheriff of this city, sent a letter to the Court of Aldermen, desiring each of them to give him an appearance to the several actions he had orders to bring against them for not swearing Papillon and Dubois sheriffs. The Court were angry and some were for committing him for his insolence, but at last they refused to give any appearance and left him to take his course. Yesterday he took out four writs and will proceed to take out as many as will arrest the whole Court of Aldermen and the Lord Mayor also. Those people that have declared against Sir John Moore have also put the two present sheriffs in the declaration, by which they are made parties and so incapable of returning a jury.
Proclamation has been published in Scotland by the Council requiring all the Dissenting ministers to appear before them on 2 March to answer to all that shall be laid to their charge.
The proceedings of the Court of Aldermen last Monday relating to the suppressing of conventicles are still a secret, but I am told by a very good hand they agreed to the method they would proceed by and on Tuesday signed it at the vestry in Bow Church before sermon time, so now we shall see it suddenly put in execution.
By a French vessel come into Falmouth in three weeks from Cadiz we have advice that the Emperor of Morocco is not killed and that Muley Hamett, his nephew, is encamped in the mountains, where he could not be attacked. The truth of this and former reports time must make appear.
The Woolwich came on the 1st from Tangier but says nothing of a fight between the Emperor and his nephew. She has another lion on board for his Majesty, which is the fourth.
His Majesty has given Mr. Sheridan, who was prosecuted by the Parliament, 1,000l. and settled on him a pension of 500l. per annum.
The French preparations by sea for the war with Argier go on with vigour and have so alarmed those of Argier that they have sent for engineers to view their mole and ordered all workmen to work on it, till it be made a very regular fortification.
A motion was made to-day for a Habeas Corpus to the Lieutenant of the Tower for bringing up Lord Danby. Mr. Justice Dolben replied that the last one was granted to the Earl in order to inform the Court of something they did not know and that the Court was resolved to grant no more in that case. However, the Lord Chief Justice not being there, it was ordered to be moved again, when the Court was full. [3 pages. Admiralty, Greenwich Hospital 2, No. 68.]
Feb. 3.
Whitehall.
The King to the Earl of Aberdeen and the rest of the Privy Council. Warrant for issuing orders to the Lieut.-General and commander in chief of the forces for reducing the Asst. Major, the Quartermaster and Marshal of the regiment of dragoons. [S.P. Scotland, Warrant Book 7, p. 536.]
Feb. 3.
Whitehall.
The King to the Marquess of Queensbury, Treasurer Principal, and John Drummond of Lundin, Treasurer Deput. Warrant for payment to John Graham of Claverhouse as colonel of the regiment of horse 13s. 8d. sterling per diem out of the daily allowances appointed by the establishment to the officers ordered by this last letter to be reduced. [Ibid. p. 537.]
Feb. 3.
Whitehall.
The same to the same. Warrant for not suffering any signature of lands containing any change of holding to be passed in the Exchequer without a special warrant under the King's hand, he resolving not to grant any such change except to those whose singular deserts merit a particular mark of favour. [Ibid. p. 538.]
Feb. 3.
Whitehall.
The King to the Marquess of Queensbury, Treasurer Principal. Warrant for advancing moneys to John Graham of Claverhouse, Adam Urquhart of Meldrum or any others as he shall see good cause for their being employed in procuring intelligence. [Ibid. p. 539.]
Feb. 3.
Whitehall.
The same to the same. Approving of his choice of Hugh Wallace, writer to the Signet, to be Receiver General and CashKeeper and to be Paymaster of all the standing forces and garrisons at a salary of 700l. sterling, the same as the late Receiver General. [Ibid. p. 540.]
Feb. 3.
Whitehall.
Warrant for a protection for one year to Alexander Bruce of Kinnaird, brother to Robert Bruce, who was one of the captains of the Lifeguard in 1650, and died of wounds received at the battle of Worcester, the said Alexander having also received many wounds in those wars and having had his estate sequestrated by the usurpers. [Ibid. p. 541.]
Feb. 3.
Whitehall.
Warrant for a commission to James Smith, architector and mason in Edinburgh, to be overseer of all the works of the palace of Holyrood House and of all palaces and castles in Scotland, as he shall appoint the same to be repaired, with a yearly salary of 100l. sterling to be paid at Whitsunday and Mertinmes by equal portions, the first payment to be next Whitsunday. [Nearly 4 pages. Ibid. p. 542.]
Feb. 3.
Whitehall.
The King to the Marquess of Queensberry, Treasurer Principal, and John Drummond of Lundin, Treasurer Deput. Warrant for payment to Capt. John Scott and Capt. Thomas Blair of the pensions granted them 12 Dec., 1679, and 16 June, 1680, (the warrants for which are calendared in S.P. Dom, 1679–80, pp. 310, 516), which had been omitted from the list of pensions to be paid by them, the first payment to be for Mertinmes last for the preceding half year. [S.P. Scotland, Warrant Book 7, p. 546.]
Feb. 3.
Whitehall.
The same to the same. Warrant for payment during pleasure of a yearly pension of 25l. sterling to be paid by two equal portions at Whitsunday and Mertinmes, the first payment to be made next Whitsunday, to Andrew Sheills, whose employment of receiving the King's hawks in Orkney and Zetland is made void by late gift to James Nasmith of the office of Master Falconer. [Ibid. p. 547.]
Feb. 4.
Porkinton.
Sir Robert Owen to Secretary Jenkins. When I took leave of you to come into the country, you bade me write to you the case of Harlech Castle. (Description of it.) The constable has an influence on the town and may be bailiff for ever, if beloved, which a stranger can never be. Mr. Manley has no manner of concern in the county nor within 40 miles of the place, nor do I think a man that pretends to law and was not thought capable of serving as steward of a little manor ought before all the gentry of Wales be constable of the only castle with a fee belonging to it we have; which my uncle, W. Owen, kept for the King, the very last of any garrison in England or Wales, and which was ever in our family and taken from my father by Lord Shaftesbury, as I have heard a friend of his, Capt. Chaloner, a herald, say. Sir Francis Manley I love and honour, and, were he in, I would never open my lips, but, as for the son, I desire but a view and doubt not but you'll find him short of the fore-mentioned lord's son. If I have this, I will build rooms to entertain the judges and out of the fee of 50l. a year give a considerable plate in honour of the King to be run for on the marsh below for ever, so 'tis not for my own benefit but for his Majesty's service in encouraging a breed of horses and letting the country partake his bounty that I request this. [S.P. Dom., Car. II. 422, No. 70.]
Feb. 4.
Whitehall.
Secretary Jenkins to the Attorney General. Signifying his Majesty's pleasure that he put off till the first week in next term the trial of the Quo Warranto in the duty of water-baillage, it having been represented to him in behalf of the City of London that by reason of divers of their witnesses living in very remote places and many other difficulties they cannot be ready to make defence this term. [S.P. Dom., Entry Book 68, p. 198.]
Feb. 5.
Hereford.
Herbert Aubrey to Secretary Jenkins. On Wednesday the 31st Edward Dyer, shoemaker, being abused and threatened and, as he believed, robbed by his son, came to the Mayor for a warrant against him, which he would have declined out of kindness to both, but the father was so urgent he was forced to grant it. In the evening he was discovered at the Boothall, drinking. John Jones, one of the servants, told him he had a warrant against him and assured him that, if he would come to the Mayor, he did not doubt the Mayor would make him and his father friends. Instead of complying, he struck at the serjeant, stood on his guard and swore his destruction, if he tried to arrest him. The innkeeper with his wife and children and another so far sided with young Dyer that they conveyed him away. The Mayor sent the gaoler to assist the serjeant, but he had like to have been killed, had the blow designed him with an oaken plant fallen on his head. The two durst attack him no more, but acquainted the Mayor with it. About two hours after, the Mayor coming home to his house with the serjeant saw this fellow crossing the road to the house he had been in before and commanded the serjeant to seize him, but he was struck down on his knees, which the Mayor seeing, he commanded Dyer to render himself, but he made no return but with his cudgel except oaths. It is sworn that the Mayor was down on one knee, but he seized the fellow and found him more outrageous than ever, for he gave base and very threatening language. The Mayor lost his hat and periwig and Mrs. Mayoress her hat too for the time of the scuffle. By this time a great conflux of the rabble was got together, who rather seemed come to look on or rescue the fellow than assist the Mayor, but some honest citizens stood by him and endeavoured to convey this malefactor to prison, who twice on the way beat the officer and had him down under him, so that he was forced to be let blood. However, he was laid up in Biester's Gate, though the inclinations of many of the crowd were bent on his delivery and the neglect of others to assist the Mayor very egregious. He lay there till the 3rd, none offering to bail him. On Saturday there was a meeting in the Town Hall, five of the Justices being present. The prisoner was brought up with a strong guard, occasioned by some threats he had given to be the death of four and to burn some houses. The witnesses were examined before him, nor had he any thing to say in his defence. After a scrutiny had been made of the delinquents, as well those that neglected their duty in assisting as the offender, he was remitted to gaol. The others, that countenanced him or lamely aided the Mayor, are all bound over to the next sessions, among whom one of our brethren of the House is deeply accused, who will next Tuesday at a Common Council receive his censure. Some, I am confident, will be disfranchised. The offender on Saturday evening tendered good bail and is bound in 200l. and his sureties in 100l. each for his appearance next assizes, that the judges, as persons impartial, may censure his crime and that the punishment may be more public and deter others from like affronts to the government in the person of his Majesty's lieutenant here. I doubt not but the city will be very quiet, when this crime has passed all the forms of law and justice, and our town bullies will be afraid to venture on outrages so like rebellion. We are all here in perfect peace, full of love of our good King and the government as by law established, which we hope has got rather than lost ground by nipping this tendency to rebellion in the bud. The Mayor has behaved in this with great resolution. [2 pages. S.P. Dom., Car. II. 422, No. 71.]
Feb. 5. William Gallwey to Mr. Realey (Royley). Apologizing for his delay in paying his debt and sending him a bottle of Irish usquebaugh. [Ibid. No. 72.]
Feb. 5.
Whitehall.
Reference of the petition of the late Aldermen and capital burgesses of Walsall for a grant of a new charter with the amendments and privileges contained in an annexed paper, they having surrendered their old one, to the Attorney-General, who is to report his opinion and prepare a draft of a warrant with such clauses as he conceives most consistent with his Majesty's service. [S.P. Dom., Entry Book 55, p. 235.]
Feb. 6/16.
Amsterdam.
Robert Ferguson to his wife. (Printed in Ferguson, Ferguson the Plotter, p. 108.) [S.P. Dom., Car. II. 422, No. 73.]
Feb. 6.
Whitehall.
Secretary Jenkins to Samuel Mearne, Master of the Stationers' Company. Commanding him in his Majesty's name to take into his custody all the copies of a book lately caused to be printed in Italian by one Leti, entitled, Del Teatro Britannico, in two volumes quarto, seized by Robert Stephens, messenger of the press, and to keep them under lock and key and not to dispose of any copy thereof without further order. [S.P. Dom., Entry Book 54, p. 151.]
Feb. 6.
Whitehall.
Secretary Jenkins to the High Sheriff of Somerset. It is true I owe you a service but I have not been able to pay it at this time. I proposed the holding of next assizes at Bath to his Majesty, the Lord Keeper and the two judges that come that circuit, but it was not thought fit it should be so this winter season, because the precedents not only of the last but of former years were against us. Besides the judges, namely the Lord Chief Baron and Justice Dolben, have already signed and published their warrants to have the assizes held at Taunton. [S.P. Dom., Entry Book 68, p. 199.]
Feb. 6.
Whitehall.
Secretary Jenkins to Lord Fitz-Hardinge (on the same subject and to the same effect as the last). There may be an attempt with some hopes of success to have the next summer assizes held at the loyal city of Bath. [Ibid.]
Feb. 6.
Whitehall.
Secretary Jenkins to Samuel Carleton. His Majesty receiving an account this evening of what passed yesterday and two or three days before at Chichester in relation to the Duke of Monmouth's coming thither, finds you have had a part in that service and that you have acquitted yourself very worthily. He takes notice of your zeal and duty and recommends to you to persevere, for in so doing you will not only discharge yourself of an indispensable obligation but also do what shall be most acceptable to the Bishop of Chichester. [S.P. Dom., Entry Book 68, p. 200.]
Feb. 6.
Whitehall.
Secretary Jenkins to the High Sheriff of Sussex. His Majesty has received this evening so good an account of your conduct, vigour and zeal in the service that you went about that he has commanded me to give you his particular thanks and to desire you to give his thanks to all gentlemen that on the occasion of the Duke of Monmouth's coming into that county attended you. It was a great satisfaction to his Majesty to find there was such an appearance of the most considerable gentlemen of that county when his service required it, and the check given so opportunely to a concourse that might easily have ended, if not in the breach of the peace, yet in the affront of the government, is a service he values so much the more as it prevents a mischief rather than revenges it. When you have leisure, pray send me a list of all the gentlemen that appeared to attend you on this occasion, for, though I think I have it already in some measure, I would have it so perfect that not one gentleman's name might be left out, since it is a justice I owe them to lay the names of every one distinctly before his Majesty, who is exceedingly satisfied with them and most particularly with your carriage as his lieutenant in the head of them. The very first moment that he shall think fit that you may be dismissed from the attendance you are in, you shall have notice. [Ibid. p. 201.]
Feb. 6.
Whitehall.
Secretary Jenkins to the Mayor of Chichester. His Majesty is very well satisfied with your care and watchfulness in executing his orders on the Duke of Monmouth's coming to your city. That right has been done to you that his Majesty has recommended me to thank you particularly for your performances. He desires you still to watch over the peace of that place and also the dignity of the government, which would have been wounded very much, if the appearance which some men intended to make on the Duke of Monmouth's coming into town had not been stopped with effect. Each of the Justices and Aldermen, as have been assisting you, have had their names laid before his Majesty to-night. I intend to do it again, when I have them from yourself or Mr. Atterbury, which I desire I may not fail of, that justice may be done to every one that has appeared to be a loyal subject in his station. [Ibid. p. 202.]
Feb. 6.
Whitehall.
Secretary Jenkins to Mr. Atterbury. Your letter of yesterday was very welcome. I laid it immediately before the King. I thank you heartily for giving me the names of those gentlemen of that county that attended Mr. Sheriff, and also of those Aldermen and citizens that assisted Mr. Mayor. Though your list was as full as could be expected on the sudden, yet I must desire you to make me up against you come home the most perfect list you can, that right may be done to every gentleman that has done any service or manifested his affection to his Majesty. I shall be very careful to recall you as soon as his Majesty's service can permit it. In the meantime I must desire you to inform me at large, as you have already done in three letters, of what passes there. [S.P. Dom., Entry Book 68, p. 203.]
Feb. 6.
Whitehall.
Commission to Alexander Leith to be ensign of Lieut.-Col. Buchan's company in the Earl of Mar's regiment. [S.P. Scotland, Warrant Book 7, p. 548.]
Feb. 6.
Dublin.
Lady M. Warren to Secretary Jenkins. My two nieces, the only surviving children of Lord Tara, the elder of whom is married to my nephew Barnewall, being entitled to a bond of 2,000l. for payment of 1,000l. given by the late Earl of Carlingford to their uncle, Sir James Preston, assigned this bond to the King, a usual practice in the Court of Exchequer here, the sole motive for doing so being that the Earl being a peer those concerned in the bond could not easily get an appearance from him. After nearly two years the now Earl pleaded that the bond was not the act or deed of his father, the late Earl. The 3rd instant was appointed for trial, yet the Earl prevailed to have it put off till next Easter term and I since understand he intends to apply to his Majesty and to obtain his letter to the Barons of the Exchequer or the Attorney-General here to cease further proceedings on this bond, now it goes in the King's name. (Pointing out the mischiefs that would ensue on granting such a letter.) Besides, I hope his Majesty retains some sense of Lord Tara's services and, seeing his children cannot obtain a just debt of their own, which you may remember they solicited last summer from his Majesty, will not hinder them the ordinary course of justice. Wherefore I request that, if any such letter be desired by the Earl, you will in opposition let his Majesty know so much. [1½ pages. S.P. Ireland, Car. II. 343, No. 93.]
Feb. 7 ?] Seventeen Yeomen Warders of the Tower to the King. Petition for speedy relief without which they will not be able to perform their duties, having been for 10 years without their summer and winter liveries and halberts and some of them 3 years, and the rest much longer, without their salaries. (See Privy Council Register, Vol. 69, p. 629.) [S.P. Dom., Car. II. 422, No. 74.]
[1683 Feb. ?] Robert Pledall to the King. Petition, stating that the late Sir Robert Knollys about 1633, being seised in fee simple of the manor of Rotherfield Greys, Oxfordshire, surrendered the same and took a grant thereof in tail male with remainders over, that 17 May, 1642, the reversion of the said manor was granted by the late King to the said Sir Robert in fee simple to enable him to make a jointure for his son's wife and to re-settle the estate, which grant is now in the petitioner's hands, who has lent great sums on the security of the estate, but the King having left Whitehall immediately afterwards on the breaking out of the rebellion, and the six clerks, who enrolled or should have enrolled the said grant attending him to Oxford, the records are lost or mislaid so that the enrollment of the said grant cannot be found, which, if the said grant should by any accident miscarry, may prove very prejudicial to the petitioner and to the heirs of the said Sir Robert, and therefore praying an order for the enrollment thereof. [S.P. Dom., Car. II. 438, No. 75.]
Feb. 7.
Whitehall.
Reference to the Lords of the Treasury of the petition of Letitia Kennedy and Katherine Holdenby, daughters of William Knollys of Rotherfield Park, setting forth that their grandfather, Sir Robert Knollys, surrendered the manor of Rotherfield and other lands to the late King, to put it under the protection of the statute of 34 Hen. 8, and thereon took a grant thereof, that afterwards he received a grant of the reversion thereof in fee with the clause that, after the settlement thereof on his son and other provisions for his family, he should restore the reversion to the Crown, and that the petitioners are possessed of the said estate though encumbered with a debt of 7,000l. and therefore, that the estate may not be ruined by that debt, praying to be released from the said clause in the last King's grant. [S.P. Dom., Entry Book 55, p. 236.]
Feb. 7.
Whitehall.
Warrant to Charles, Earl of Dorset and Middlesex, Sir George Hewit, Sir Edward Villiers and William Chiffinch, after reciting that by indentures of lease and release dated 13 and 14 Sept., 1680, and by an indenture of assignment dated the said 14 Sept., William Chiffinch with and by the King's privity and direction conveyed to the said Earl and the said Sir George Hewit and Sir Edward Villiers in fee simple that new erected capital messuage called Burford House with the appurtenances in New Windsor, and by the same deeds the same is declared to be in trust for Ellen Gwyn during her life and after her decease for Charles, Earl of Burford, and the heirs male of his body with remainder to the Crown and that the King's intention was that the said house should have been declared not only with provision for the heirs male but also for the heirs female of the first Earl of Burford and for default of such issue for the use of the said Ellen Gwyn and her heirs for ever and not in trust for the Crown, directing that they declare further trusts of the said premises according to the King's intention therein before expressed as the said Ellen Gwyn or her counsel shall approve of. [1½ pages. S.P. Dom., Entry Book 66, p. 194.]
Feb. 7.
Whitehall.
Secretary Jenkins to the Attorney General. Signifying his Majesty's pleasure that he enter a nolle prosequi to an indictment now depending in the King's Bench against the Bishop of London for issuing processes out of the ecclesiastical courts in his diocese in his own name and not in his Majesty's. [S.P. Dom., Entry Book 68, p. 204.]
Feb. 7.
Whitehall.
Warrant for a patent granting the title of a knight baronet to Sir Patrick Maxwell of Springkell and the heirs male of his body, in consideration of his other services and especially of his being for several years past eminently instrumental in securing the peace and the suppression of thefts, robberies and other crimes committed on the Borders. [S.P. Scotland, Warrant Book 7, p. 549.]
Feb. 7.
Whitehall.
Protection in the new form to Sir John Strachan for one year. [Ibid. p. 551.]
Feb. 8.
Chichester.
Memorandum that John Peachey, counsellor at law, is a disaffected person and is deputy judge of the Vice-Admiralty, by which he has great awe and influence on seamen and fishermen and has frequently molested them all along the coast of Sussex with vexatious process and sometimes he issues writs from the Court of Admiralty to arrest landsmen and thereby interrupts the course of common law, bringing matters under the jurisdiction of that court which properly do not belong to it and exacting unreasonable fees. He employs Ezekiel Everest as his marshal, one notorious for joining with factious and seditious persons. This office has formerly been exercised by the Chancellors of this diocese and Dr. Briggs, the present Chancellor, is very fit for it. [S.P. Dom., Car. II. 422, No. 76.]
Feb. 8.
Whitehall.
Reference to the Lords of the Treasury of the petition of George Beardsell for satisfaction, he having taken Captains Hawley and Haw[k]shead, who molested the States General under pretence of a letter of marque (recalled) to George Carew. [S.P. Dom., Entry Book 55, p. 236.]
Feb. 8.
Whitehall.
Certificate by Secretary Jenkins that the Earl of Anglesey in pursuance of his Majesty's warrant delivered up the Privy Seal into his hands on Wednesday, 9 Aug., 1682. [S.P. Dom., Entry Book 66, p. 193.]
Feb. 8.
Thursday. London.
Newsletter to Roger Garstell, Newcastle. The design against Dr. Oates meets not with that credit at C[ourt] as some hoped, and the more, for that it's said Mr. Elliot, the parson, is at the bottom of it, so that the thing seems dropped, the Lord Mayor and Recorder both denying a warrant against him.
The Duke of Monmouth, as annually since he was Governor, last Monday morning was presented by the town of Hull with a purse of gold and a barrel of ale, after which he took horse for Chichester, where great preparations are made for his reception, of which the Bishop has by a letter complained to his Majesty.
The writs at the suit of Papillon and Dubois against our Lord Mayor etc. are directed to the Crowner of this city, some of the Aldermen having given appearances, but the Lord Mayor has refused. Yesterday Sir Jonathan Raymond for refusing an appearance was attached on the Exchange. The Lord Mayor and Court of Aldermen have restored Sir John Shorter, who yesterday sat in their court.
The Archbishop of York is dead and it's thought that Sir Leoline Jenkins will succeed him, he having had it for some years in commendam (sic).
The merchants' lecture at Pinners' Hall in Broad Street was on Tuesday disturbed by Sir James Edwards' man and two informers on a warrant from the Lord Mayor.
Next Tuesday the Delegates in the case of Emerton and Madame Hyde will sit and so onward de die in diem, till the circuits begin, if not before determined.
Yesterday began the arguing of the demurrer to the City's defence against the Quo Warranto. (Then follows a summary of the proceedings which are fully reported in State Trials, Vol. VIII, col. 1087 and following.)
To-morrow the Earl of Danby comes to the King's Bench bar. [3 pages. Admiralty, Greenwich Hospital 2, No. 69.]
Feb. 9. James Stanford to Secretary Jenkins. I now find I must receive my re-credentials in order to which I beg to be permitted to receive them from your own hands. [S.P. Dom., Car. II. 422, No. 77.]
Feb. 9.
Whitehall.
The King to the Lord Deputy. Warrant for the donation of the bishopric of Ferns and Leighlin to Dr. Narcissus Marsh and, in regard to the exility of the said bishopric for causing the rectory of Killeban (? Killabban) in the said diocese of Leighlin now void and in the King's dispose to be granted to the said Dr. Marsh to be holden by him in commendam with the said bishopric. [S.P. Dom., Signet Office, Vol. 11, p. 139.]
Feb. 9.
Whitehall.
The King to the Lord Deputy. Warrant, after reciting that James Clarke and William Robinson had stated by their petition that by an Act made in Ireland in 14 and 15 Car. II., it is provided in several cases that goods imported into that kingdom shall be put into the custody of the warehouse of the respective custom houses to remain there till the duties on them be paid, the charges to be borne by the merchants or owners at moderate rates and also such goods as shall be seized or stayed, but that notwithstanding the usefulness of such a warehouse keeper, no such officer has hitherto been appointed in any of the ports there and therefore praying a grant to them of the office of warehouse keeper throughout the several ports of Ireland, a reference thereof to the Lord Lieutenant and his report dated 2 Dec., 1682, that, in regard such an office as is desired is directed by an Act of Parliament, being thereby judged to be no less for the King's service than for the benefit of traders, his opinion is that his Majesty may not unfitly erect the said office and confer it on the petitioners, whom he knows to be persons of loyalty, integrity and diligence, and a further report of the Lords of the Treasury dated 25 Jan., that the Commissioners of the Revenue in Ireland have acquainted them that they conceive it not convenient that any one person should be storekeeper for the whole nation, since the work is to be performed separately in each port, but that, if his Majesty thinks fit to appoint the petitioners to the office of storekeeper of the port of Dublin or any other port of Ireland with this restriction that they shall be subject to such directions as they shall receive from the Commissioners of the Revenue, the said Commissioners have nothing to object against it, wherein they concur: for causing letters patents to be passed for erecting an office of warehouse keeper or storekeeper or such other name as the same is called in the custom house or port of London with a grant to the petitioners or either of them of the said office in the port of Dublin during pleasure with a proviso that they shall be subject to such directions as they shall receive from the Commissioners of the Revenue in Ireland. [3 pages. Ibid. p. 140.]
Feb. 9.
Whitehall.
The King to the Lord Deputy. Warrant, after reciting that Thomas Tilson, craner of the port of Dublin, has represented that with the office of craner a house was also granted him, commonly called the old custom house in Dublin, appertaining to the said office, for which he has constantly paid a rent of 5l. yearly, reserved thereout, to the Exchequer, but has not enjoyed the said house by reason of a contract with the farmers of the Irish customs, whereby the King gave them the use of that house, and, the said farm being now near expiring, praying some reasonable compensation for the said house, a reference thereof to the Lord Lieutenant, who consulted the Solicitor General as to the petitioner's title to the said house and the Surveyor of the King's buildings as to the value thereof, of whom the former judges the petitioner's title to be very good and thinks it reasonable that after the determination of the present farm some yearly compensation should be made him for the use of the house during his grant, but that, when a new grant of the office should be made, the house should not be inserted in such grant, and the latter conceives it may be moderately valued at 60l. per annum, with both which reports he concurs, and a further reference to the Lords of the Treasury and their report dated 18 Jan., 1682-3, that they agree with the Lord Lieutenant in concurring with the opinions of the Solicitor General as to the title and of the Surveyor as to the value of the house, which they conceive may be properly paid out of the charge of the management of the customs, but that, when this office shall next become void, it will be for his Majesty's service to except the house out of any new grant of the said office: for causing the rent of 60l. per annum to be settled on the said Tilson for the said house during the term of his grant of the craner's office, to commence immediately after the determination of the present farm and to be paid him yearly out of the charge of the management of the customs, and further declaring the King's express pleasure that, as often as any new grant of the said office be made after the determination of the said Tilson's interest, the house called the old custom house in Dublin shall be always left out of such grant. [2 pages. Ibid. p. 143.]
Feb. 10.
Noon.
Secretary Jenkins to Sir Thomas Exton. His Majesty, having information that the Court of King's Bench has to-day resolved not to grant a prohibition to Sands, the interloper, has commanded me to signify to you his pleasure that all care be used to continue the ship in question under the arrest of the Admiralty as it now is, till it be otherwise ordered by due course of law and, that there may be no possibility to break that arrest and sail away the ship, he would have all the sails and the rudder itself taken away by the proper officer and secured, so that no use may be made of them. He gives this order thus soon, because it is told him that, as soon as this news reaches the interlopers, they may very probably attempt to have the ship sail away and consequently render the judicial resolution of this day of no avail to his rights and just prerogatives. [S.P. Dom., Entry Book 68, p. 205.]
Feb. 10.
Whitehall.
Secretary Jenkins to Lord Chief Justice Pemberton. His Majesty being applied to by Alderman Daniel and Sheriff Rich that the Lent Assizes may be kept at Southwark and not at Croydon, which his Majesty is informed will be found inconvenient as well as unusual, I am commanded to recommend it in a very especial manner to you that, if any favour be shown, it may be to the borough of Southwark as having chosen very worthy men to the latter parliaments. [Ibid. p. 206.]
Feb. 10.
Whitehall.
Secretary Jenkins to the Duke of Newcastle. You descend to such punctual accounts of what passes at Berwick and everywhere else in your peculiar jurisdiction that I confess myself unable to correspond with you. However, when there is any thing that requires his Majesty's answer, I shall lay it as I receive it before you. The commission of association for Berwick is not yet come out because of the hurry of the term and because I have not yet seen Capt. Widdrington to show him the list, as his Majesty commanded. I am to signify to you his Majesty's pleasure that Sir William Clifton be made a deputy lieutenant for Nottinghamshire and that you issue him your commission, as soon as may be with your convenience. [Ibid.]
Feb. 10.
Whitehall.
Protection in the new form to William Muligane of Burn for one year. [S.P. Scotland, Warrant Book 7, p. 552.]
Feb. 10.
Whitehall.
Warrant for a presentation of Alexander Gregory to be parson at the parish church and parochine of Ayr. [Docquet. Ibid. p. 553.]
Feb. 12.
Chichester.
The examination of Daniel Duffield. About 4 or 5 on Monday afternoon the 5th instant he saw Major Braman and Mr. Richard Farington with divers others standing together at Robert Haslin's door and, when they saw horsemen coming up the East Street, they cried out that the Duke had deceived them and so ran to meet the horsemen. The same evening, when the Duke of Monmouth came towards the Market Cross, he saw Thomas Smyth, the elder, encourage the rabble by crying out: Now hallo, boys, hallo, which they did. Thomas Baker and John Chatfield likewise encouraged the rabble and set the link-boys to receive the Duke and John Chatfield carried a torch himself. [Copy. S.P. Dom., Car. II. 422, No. 78.]
Feb. 13.
London.
Capt. John Clerke to Secretary Jenkins. Last Sunday, the 11th, I being commanded to keep guard on the Royal Exchange that day, about 10 four constables desired assistance from me to disturb the conventicles and I did so with two considerable parties of armed men. Half an hour after more constables came requiring aid from me, and I sent out three more parties, who disturbed several meetings and this I continued till 4 by relieving my out-guards, who were commanded to keep guard in some of their meeting-houses and about 5 we took one priest or teacher with much difficulty and brought him to my guard and after that a party of my men was strongly set upon by two or three hundred of the rabble, some of them falling on with great force to disarm them, but could not prevail, but three of them we took, who were brought to my guard and afterwards carried before Sir James Edwards, who committed them to prison, and they are bound over to be prosecuted. The teacher is bound to be prosecuted on the 20th. We disturbed 7 conventicles that day. Great multitudes came on both sides of our guard that day and were commanded several times by me and some constables to depart in the King's name, but would not, till they were forced. [S.P. Dom., Car. II. 422, No. 79.]
Feb. 13.
Whitehall.
Secretary Jenkins to the Attorney General. His Majesty, being informed that the trial of the late riot in London is to be next Thursday morning at Guildhall and being advised that the issue of it will be of very great consequence to his affairs in the City, particularly to the validity of the proceedings at the election of the present sheriffs, desires your utmost care and application in this affair and that you would to that end concert with Mr. Solicitor, Sir George Jeffreys and such others of the King's Counsel as you would desire should be assisting at the trial and that you would forthwith send for Mr. Graham or any other that have had any part in this business that you may satisfy yourself what diligences they have already used and also give them your further directions. [S.P. Dom., Entry Book 68, p. 207.]
Feb. 13.
Whitehall.
Commission to Henry Hodson to be ensign to Capt. Ferdinando Hastings in the first regiment of Foot Guards. Minute. [S.P. Dom., Entry Book 164, p. 90.]
Feb. 13.
Whitehall.
Commission to Henry Bruce to be ensign of his brother, Capt. John Bruce's company in the Earl of Mar's regiment. [S.P. Scotland, Warrant Book 7, p. 554.]
Feb. 13.
Whitehall.
Warrant for a gift of the office of one of the four ordinary Macers before the Lords of Council and Session to Roderick Davidson, servant to Sir George Mackenzie of Tarbett, for his life. [Docquet. Ibid. p. 555.]
Feb. 14.
Bishopthorp.
The Archbishop of York to Secretary Jenkins. Enclosing a copy of the acknowledgement he enjoined Mr. Clifford alias Cliffe to make under his hand. As he submitted thereto, so I submit my own judgment to that of the Privy Council to whom this sermon gave offence. [S.P. Dom., Car. II. 422, No. 80.] Enclosed,
Confession by William Clifford, curate of Lighcliffe chapel in the parish of Halifax, that contrary to the canons he had taken upon him to preach, not being licensed, not only in his said cure but elsewhere and that in a sermon preached in the parish church of Wakefield he used several bold expressions, as "That kings have power to dispense with the laws at their pleasure"; "That the lives and liberties of subjects depend on the good or evil will of their prince," and "That the King may alter religion at his pleasure and that the power of kings is not in anything more visible than in establishing such modes of public worship as they think fit," etc. Though his intention was only to forbid subjects to exercise any coercive power on their sovereigns, yet, because the words were of doubtful and dangerous interpretation and might be abused by malicious persons and had therefore justly given offence to some of the Privy Council, he craves pardon for his boldness and submits to the censure inflicted by the Archbishop, which is, that he stands suspended from serving the said cure, till the pleasure of his Majesty or their lordships be further known, and from preaching in the diocese of York, till he be thereto licensed according to the canons. Feb. 12, 1682[–3]. [Ibid. No. 80 i.]
Feb. 14.
Whitehall.
Secretary Jenkins to Sir John Berry. Signifying his Majesty's pleasure that he do not sail for the Mediterranean, till he receive new orders from the Admiralty Commissioners. [S. P. Dom., Entry Book 63, p. 61.]
Feb. 14.
Whitehall. 8 p.m.
Secretary Jenkins to the Earl of Nottingham. Desiring him to give orders to Sir John Berry that he and the ships under his command do not sail for the Mediterranean till further orders from his lordship and the Board. [Ibid. p. 62.]
Feb. 14.
Lisburn.
Sir George Rawdon to the Earl of Conway. We heard the third or fourth post since that you have resigned the Secretary of State's place and have a pension for it of 1,500l. per annum. Your grandfather's pension of 2,000l. per annum for 21 years was paid all but about 5 years at the latter end of the term, when the King and Parliament parted. The report is now at Dublin that you and my lady intend for Ireland next spring. It came over with the other news of your resignation, so we are trimming up this house and making some alterations of the doors and passages and of a good inner room to that we call your lodging chamber, which is much the better and more convenient and all the cost will not be 20l. But, if you come, at Portmore furniture for a lodging chamber or two and linen will be necessary to be sent over, but table linen may be better provided here. Our passage to the house the new way through the meadows is very pleasant and noble but wants gravelling, which I think will not be begun without your own direction, for it will be a long way. When my lady comes, my three daughters, I hope, will please her for company, for I expect Arthur and his wife two months hence and, if she do well, she may be delivered here, for midwife, nurses, etc. here are the best in the kingdom, I believe. Lord Massereene's grandson, for which there was much joy in that house, was brought into the world by Nan Taylor, and the young lady there has her nurses and nurse-keepers etc. from hence.
Our new schoolmaster has 27 gentlemen's sons already out of the country that are boarded in town, but, till you signify your pleasure to the Council or Lord Deputy of giving the school etc. here and the 40l. salary, we shall not get the county's or rather the diocese of Connor's school settled here. The Dean of Connor opposes and, though Carrickfergus pretends to it, they will neither build a school nor can pretend it to be the shire town of that diocese, for it is a town and county of itself, and I think this will not be settled, till the Lord Lieutenant come back, who has been moved already, as you writ, therein, though the Lord Primate is desirous to promote it, and then perhaps our bishop may think fit to return to his charge here also.
Your cornet is here and seems a very civil and well-bred person. He and your lieutenant dined here to-day. I hear he speaks of sending for his wife and her father (a knight named Stanley, I think) and that they may have a house to live in here in town, which you will find much improved since you last saw it, but Charlemont decays very much. Capt. Wilkinson has taken Loughanny of Capt. Bolton's executor and, I am told, has no thoughts of late of Charlemont. I sent you a letter long since of Capt. Ch. Pointz, a good officer. I wish, if you think fit, his company were there, being now at Tanderagee in place of Capt. Chichester's.
I suppose you know that Sir Robert Colvill's son is married to one of Sir John Temple's daughters, that Mistress Radcliffe (left very rich by her brother) is godmother to and gives her 3,000l. and her father 2,000l. more, which being 1,000l. more than your nieces' fortunes are reported, for that 1,000l. and to engage the Solicitor his counsel against Will. Hill, against whom a decree is passed for 2,500l. to be paid Sir Robert next May, and that some small pique differed me and Sir Robert (who is much exalted of late) by his opposing any small maintenance out of the county for support of our two militia troops of Killulta:—for these reasons, I think, he did not prosecute any motion to marry into this family. My daughters grow up tall and will be well accomplished and discreet, I hope. God grant that in time convenient they may be disposed into honest and good families and have kinder husbands than their elder sister, who intends a visit and to bring her brave boy with her next summer. I hear Capt. Forbes has sold his cornet's commission lately at Dublin and intends for France, but his father says nothing of it to me, when he writes to me, which is not so frequently as formerly.
Venison has been sent two or three times to Mr. Kingdon and I wrote to him; but his busy employments afforded me no answer, only he desired Mr. Farewell to mention his respects to me and on my letter employs him in all suits in these parts that concern the Commissioners of the Revenue.
Mr. Lyndon, a judge now in the King's Bench, and Baron Worth come hither next circuit. The Marquess of Antrim died last week at his dwelling near Dunluce and my niece, who is very rich, intends a great funeral for him. I hear that Capt. Eustace now at Dublin and his brother Hill are fallen out and the occasion is that he demanded his portion by Sir John Davyes and Mr. Hill acknowledges he promised it to you, but says it is but 300l. so they are about a lawsuit and send to me as the surviving trustee to certify my consent to the marriage, which I cannot do being it was not asked of me. My daughter Sheridan sues for the Glin lease also and Lady Plunket for our portion so our neighbour is in a pack of troubles.
Six notable Tories, that have done much mischief in Derry and Tyrone, came over the Lough three weeks since and were harboured in Kilmackevit two or three nights and robbed Sir Hercules Langford's receiver that lives in his four towns in Kilulta of 200l. and all his household goods and got back in a boat of Lord Massareene's and, being much searched after, fled into Kintire in Scotland and some of Capt. Frederick Hamilton's soldiers garrisoned in Coleraine went after them and took Cormack Neill, the chief, and are pursuing the rest in hopes by the Earl of Argyle's assistance to take them, and some of their accomplices that stayed here have been killed and four or five of their heads brought into Armagh. In this and other robberies a party of your troops lies at Dromore and of my son's at Loughbrickland to little purpose, for I hear of no Tories out that way, which I write now to Lord Granard and between the Commissioners and the old farmers the troops are unpaid two or three quarters.
Mr. Wigg gets no employment and is selling his household stuff to the regret of the neighbourhood, while George Macartney (the justice) by the Earl of Longford's kindness and the interest of his wife's brother, that is one of the Commissioners of the Customs at London, is in Wigg's place and pleases not the merchants in Belfast, with whom there has been a contest already, and between him and Henry Davyes also. I have put all your tenants on planting and quicksetting etc., so they are very busy in every farm.
I am so pained with piles sometimes that I cannot sit, go or stand, but lie on a couch and sometimes have no sleep all night. Now I cannot stir abroad as formerly but every day the weather is good I take the air for an hour or two with my daughters in the Race in the coach.
You may have heard of a rogue that came a month ago to Portmore late with a grey gelding he had tired and borrowed Tom Tenman's hither, pretending to be your groom sent over, where being suspected a cheat he slipped away early next morning to Donaghadee and got a passage to Scotland, but on my warrant Tenman got his horse from one that had bought him. I suppose he has been somewhere at a robbery and fled. The gelding has been cried here in the markets and at Dublin, but is not yet challenged by the owner. [3½ pages. S.P. Ireland, Car. II. 343, No. 94.]
Feb. 15. The Earl of Yarmouth to Secretary Jenkins. Lord Richardson, who had lately the place of Custos Rotulorum of Norfolk is now dangerously ill. This gentleman, Mr. Moutham, was at the charge of passing his patent [as clerk of the peace] and paid the late Lord Chancellor 600l., who to my knowledge, had this lord died before him, would have continued in the same gentleman for nothing. It is absolutely necessary that we have a good clerk of the peace and this man is industrious, knowing and loyal. We beg you to inform his Majesty of the state of the case and that my son may be made the Custos, that so this gentleman may enjoy it as he does. [S.P. Dom., Car. II. 422, No. 81.]
Feb. 15.
Whitehall.
Secretary Jenkins to Sir Thomas Exton, the King's Advocate. I signified his Majesty's commands to you the other day, not only for continuing the interloper under the arrest of the Admiralty but for doing it so effectually by taking away her sails and rudder that it should be impossible for her to go on her voyage. Information is now brought that nothing of this is done, only that a deputy or some such person employed by Mr. Joynes is indeed aboard her but may be easily surprised (even though he had half a dozen more with him) and clapped under hatches and the ship carried away. This would have been this moment carried to the King, but he is and will be abroad all this day. I beseech you give the Serjeant of the Admiralty effectual orders to go straight to Gravesend and to do his duty by securing the ship in the way the King directed, since his prerogative, if the ship should escape, would be irreparably prejudiced and the officers of the Court justly condemned. [S.P. Dom., Entry Book 68, p. 209.]
Feb. 15.
Whitehall.
Warrant to the Earl of Thanet, Governor of the fort and blockhouse at Gravesend, to assist the Marshal of the Court of Admiralty or his deputy in detaining under the arrest of the said Court the Commerce, Sands master, now lying before Gravesend, and not to suffer her to pass beyond the said port and blockhouse till she be cleared of the said arrest. [S.P. Dom., Car. II. 359, p. 108.]
Feb. 16.
Whitehall.
William Carr to Thomas Blunt at the Hague. I could not answer yours of the 16th (N.S.) the night it came, because I had not spoken to Lord Sunderland, but now I give you this as his answer. He said that order is taken for the pardons, and that I need not trouble myself any further. Dr. Cann and I had yesterday a long discourse of you. He is glad you came off so well in Madam Hamilton's business. He hopes you did not make use of his name as was reported. We have little news here but all goes well with the King both in church and state. Sir Ellis Leighton and I are both lodged in one house in Whitehall, where Mr. Nevil Paine was the other day very merry. The King goes to Newmarket on the 3rd. I meet Sir Henry Bellasis sometimes here and others who inquire after your health. [S.P. Dom., Car. II. 422, No. 82.]
Feb. 16.
Chichester.
The examination of Edward Barnard. About 5 on Monday the 5th instant he was standing in the Market Cross about the time the Duke of Monmouth came and there appeared near Mr. Haslin's house Major Braman, Mr. Richard Farington, and divers others, who followed the numerous rabble with the Duke to Mr. Holmes' house in South Street, who behaved very tumultuously and insolently, wishing the Duke welcome with loud acclamations of joy. [Copy. Ibid. No. 83.]
Feb. 16.
Chichester.
The examination of John Randall. To the same general purport as the last. [Copy. Ibid. No. 84.]
Feb. 16.
Whitehall.
Warrant to the Duke of Ormonde, Lord Steward, and the rest of the Board of Green Cloth for payment of 40l. per annum by even quarterly payments, the first payment to commence at last Christmas, to William Dike, late Serjeant of the Silver Scullery for his life, he having been always a loyal follower of the King beyond sea and having been as serjeant a very useful servant, the said pension to be paid out of such pensions as are fallen by the death of several persons since Lady Day, 1681. [S.P. Dom., Entry Book 50, p. 99.]
Feb. 16.
Whitehall.
Warrant to the Attorney or Solicitor General for a licence to the Master and Scholars of Christ's College, Cambridge, to purchase and hold lands notwithstanding the statutes of mortmain, in which a clause is to be inserted containing the royal confirmation of the donation of Sir John Finch and Sir Thomas Baines and the terms, agreements and statutes appointed by Sir John Finch and his executors and agreed to by the said Master and Scholars and declaring the King's pleasure that the two Fellows of this foundation shall always hereafter enjoy all benefits and privileges of the Fellows of the old foundation as is appointed by the said statutes of Sir John Finch. [1½ pages. S.P. Dom., Entry Book 53, p. 508.]
Feb. 16.
Whitehall.
Warrant to the Attorney General, after reciting that Sir Thomas Longueville is a Protestant and is prosecuted in an action in his name for 20l. per mensem for the recusancy of Dame Mary, his wife, who stands convicted, for staying and discharging the said action and all other proceedings against the said Sir Thomas concerning the recusancy or conviction of the said Dame Mary. [S.P. Dom., Entry Book 54, p. 152.]
[Feb. ?] Report by the Lords of the Treasury on the reference to them of the petition of William Oakes, late receiver of the hearth money for Kent and Canterbury, and of John Ashburne one of his sureties, both for many years prisoners in the Fleet in execution for the remaining debt due by the said receiver on his account for a year and a half ended Michaelmas, 1670, that the agents for bringing in the arrears of taxes have certified that three sureties were bound with the said Oakes, viz., Sir William Roberts, Edmund Waring and the said Ashburne, inn holder, that the said Roberts on payment of 1,000l. on the said receiver's account was discharged by privy seal from the said suretyship and was to have his remedy against him for the whole money and also in his Majesty's name to sue the said Waring for 500l. thereof, who was likewise to have the benefit of the said privy seal, if he paid the 500l. in time, which he has not done, that the said Ashburne had all his estate and goods seized above 8 years since and he thrown into prison, where he has lain so long that it is believed he has spent the charity of all his friends and is now ready to perish, that a debt due to the said Ashburne by Hugh Pyers has been seized, who was forced to pay 150l. on account of the said Ashburne in part of the said Oakes' debt, and also his household goods were seized and sold by the Sheriffs of London for 60l. 17s. 5d., which was answered to his Majesty on the determination of their account, which being allowed, the balance due of the said Oakes' debt will be 1438l. 15s. 5d. and that the said agents are of opinion that the said Oakes and Ashburne are fit objects of his Majesty's mercy, wherein the Lords concur. At the foot,
Feb. 16.
Whitehall.
Order that the Lords of the Treasury give all necessary orders for setting the petitioners at liberty, but that they be still answerable for the said debt. [2 pages. Ibid. p. 154.]
Feb. 16.
Whitehall.
Secretary Jenkins to the Earl of Nottingham. His Majesty is pleased that Sir John Berry do without further delay pursue his voyage first intended and that you and the Board give him orders to do so, notwithstanding the stop put on him last Wednesday night. And further that you direct him to send one of the men-ofwar under his command to Lisbon to deliver to his Majesty's envoyé, Mr. Fanshaw, the dispatches sent to Sir John Avory to be conveyed to him. Sir John Wyburne is desired by the merchants to be sent on that errand. [S.P. Dom., Entry Book 63, p. 62.]
Feb. 16.
Whitehall.
The King to the Lord Deputy of Ireland. After reciting the petition of Maurice Eustace and Michael Tempest, his guardian, and the report thereon of the Lords of the Treasury, both calendared in the Calendar of Treasury Books, Vol. 7, p. 678, signifying his pleasure that no stop be given to the information now in the Exchequer against Maurice Eustace and Michael Tempest, petitioners, by a nolle prosequi and that he will not interpose in the proceedings between the parties but that the matter between them be left to the determination of the courts in which the same depend. [2pages. S.P. Ireland, Entry Book 1, p. 30.]
Feb. 17.
Bath.
— to Lord —. Your great kindness to this corporation emboldens me to acquaint you that, though it for the most part consists of honest loyal persons, they are not without some evil members. One amongst them may perhaps be as pernicious to the King's interest here as any man in England, John Sherstone, a most busy pestilent Presbyterian. In all elections to Parliament here none is so active and violent against the King's friends and for the contrary party as he. Since the death of Sir George Speke, to whom and Sir Walter Long he was ever a fast friend, he is tooth and nail already making a party for Mr. Hall or Mr. Ash to stand with Sir Walter against Lord Fitz-Hardinge and Sir William Bassett, but I hope we shall now find matter enough to turn him out of the corporation, but your advice and assistance will be wanted.
Not long ago being in his company he began an oration against the iniquity of the times and lamented much that many godly ministers as he called them, who own the same faith, preach the same doctrine and received the same ordinations with the Church of England divines, should not be permitted to preach. I replied, I doubted if they were episcopally ordained. He affirmed, they were. I answered that, if they were, I was very sorry they forgot the oath of canonical obedience, which they took at their ordination. He answered, they took no such oath. I replied, you shall as well persuade me to believe that you and this gentleman, meaning another person there, who are both Common Council men, never took the oath of a freeman nor that of a Common Council man, as that any, who has episcopal orders, did not take the oath of canonical obedience. He then repeated several times that he never took the oath of a freeman. I then told him, I thought his election was not good for our charter says out of the freemen shall be chosen the Common Council men. At the last quarter sessions, being the next after this discourse, I got myself returned of the grand jury and presented this person to be unduly elected to the Council and it was expected the Mayor would have put the question, whether he ought not to be expelled, and I know, that if it were, the loyal party would carry it. The Mayor is very willing to have it done, but is something timorous that it may touch the charter. If Secretary please but to write to the Mayor that he hears there is such a bad man in the Council, whose election has been presented to be irregular, and to give some encouragement that his expulsion shall be no prejudice to the charter, the thing will be easily done and a loyal man will, I am sure, be chosen in his room, and then let no Whig ever hope to be Parliament man for Bath. Since this presentment other matters have been ripped up against him. Though it is a pretty while since they were done, you may thereby perceive his temper. I enclose what we have to charge him with under the hand of one of our witnesses, who is a member of our Common Council. [2 pages. S.P. Dom., Car. II. 422, No. 85.] Enclosed,
Information of Francis Pearce. I affirm and am ready to testify on oath that about four years since I, being then constable of this city, found John Sherstone at a conventicle in this city. On 30 Jan. three years ago at the Abbey Church whilst the minister spoke honourably in his sermon of the memories of the Earl of Strafford and Archbishop Laud, he said, I wonder Mr. Williams, meaning the minister, should speak in their commendation, when they were two of the greatest rogues in the kingdom, or words to that effect. [Ibid. No. 85 i.]
Feb. 17. Secretary Jenkins to Serjeant Sir John Maynard and Mr. Pollexfen. His Majesty being informed that on Mr. Shales' application to you to be of counsel for him, you are desirous to decline it, in regard it may be ill taken, signifying by his Majesty's command that you are at liberty to appear before his Majesty as counsel for the said Shales. [S.P. Dom., Entry Book 68, p. 208.]
Feb. 17.
Whitehall.
Warrant to Sir Thomas Exton, the King's Advocate, and Samuel Franklin, the King's Proctor, after reciting that the Greyhound of London, Capt. Peter Blake commander, lying near the Hope, is bound for the coast of Guinea to trade with infidels there without licence, to take care that process be issued out of the Court of Admiralty for staying her till sufficient security be given that she shall not go to or trade with any infidel country. [S.P. Dom., Car. II. 359, p. 109.]
Feb. 17.
Whitehall.
Secretary Jenkins to the Lord Primate [of all Ireland]. His Majesty having written a letter to the Earl of Clanrickard in favour of Lord Dunkellin, his lady and children, I am desired by her to address that letter, which goes here enclosed, to you, that it may come certainly to Lord Clanrickard. The letter itself speaks more than needs be enlarged on to you, considering the special protection you have for Lord Dunkellin, his lady and children, but what speaks most movingly is the sad prospect he and his family have, if this present stop should continue long on his allowance, which your authority with Lord Clanrickard will, I hope, remove. [S.P. Ireland, Car. II. 341, p. 137.]
Feb. 18.
Chichester.
The Bishop of Chichester to the Duke of York. A former account has been given of three young men here, who drank a health to the Duke of Monmouth and confusion and damnation to the King and the Duke of York and withal swore they would set the crown on the Duke of Monmouth's head in spite of all Tory soldiers. I and all the loyal party here believed that these treasonable words had been by the Mayor and Recorder entirely transmitted to Mr. Secretary that the King and Council might have had a true relation, but it seems the Recorder dealt most treacherously with his Majesty and drew the Mayor into combination with him so that only the former part of what they said was returned to the Secretary, but the latter part that they vowed to set the crown on the Duke of Monmouth's head in spite of all Tory soldiers was not. This had never been discovered, had not Mr. Atterbury, discoursing the Mayor, found out their intrigue, who will doubtless acquaint his Majesty with it, if he has not done so. The Recorder, having caused the Mayor to return only what would not touch the lives of those three traitors, possessed the Attorney General with a sham story, concealing the worst from him, and then wrote down to the Mayor that the Attorney General was of opinion these boys, as the Recorder calls them, must be bailed and the Mayor bailed one on receipt of the letter, and would have bailed the other two, had not Mr. Atterbury stopped it.
Other signs of the Recorder's loyalty may be observed from the opportunity he used to release those rebels, which was now, when the Duke of Monmouth is here, that they may be caressed by him for their zeal to crown him king and no doubt they have received great thanks and further promises, and I am sure it has set all the grand rebels and schismatics here a cock-horse. It is likewise remarkable and has been much noticed here that 30 Jan. last, when the Mayor and the rest of the corporation appeared in the Cathedral to join in that general humiliation, he absented himself. When he should have stayed to advise and assist the Mayor on the Duke of Monmouth's coming here, he went to London, to show how he preferred the lives of these rebels to the safety and life of the King and his brother. I have no more personal hatred to Sir Richard May than I have to my own children, but I abhor him or any man that bearing office under his Majesty should reward his kindness so ill as this man has done on several opportunities. [2 pages. S.P. Dom., Car. II. 422, No. 86.]
Feb. 18. Informations of Capt. Roger Tilly alias Shelton taken that day before Secretary Jenkins. Ricard Bourke of Tipperary, lately married to Sir Thomas Orby's daughter, Mr. Kearney lately accused by Mr. Oates and himself went to the Cardinal de Bouillon to propose their design of putting Ireland into the French King's hands, which they made appear to him to be easy, they being furnished only from hence with ammunition, arms and some men of experience, and desiring the Duke of Luxembourg to command in chief, which proposition was very well received by the Cardinal, who told them he would acquaint the King and, if he would not accept it, he would acquaint the Pope and would employ all his fortune and interest in it. He sent for the three gentlemen three days after to meet him at Trapp, 4 leagues from Versailles, where he treated them very well and told them that all things went as they could desire, provided they were assured of able men in the country that would undertake to have men in readiness to join with theirs and provided that they could propose to him any reasonable method for bringing about their design. The first person they named, of whom they told him they were sure, was the Earl of Clanrickard for co. Galway, the next was Col. Roger Maccarty for co. Cork, and they told the Cardinal he himself should give him an assurance of his readiness and accordingly he went to him next day, two days before he went for England. The next person they named for co. Limerick was Mr. Lacy father to Lieut.-Colonel Lacy, who was lieut.-colonel to Sir George Hamilton's regiment, when his brother commanded it, and is lately made so to Count Coningsmark. He went over immediately to England to persuade his father to undertake this business, who was then in prison at London. All this was about the time the King went to Strasburg last year, and they have since sent Capt. Kennedy, who commands the English company in Coningsmark's regiment, to Ireland to visit Galway, Cork and Limerick and several other places on the coast and to endeavour to engage Lord Clanrickard and Lacy to be in readiness at all times, till they should hear from him, he being appointed to give them the signal. He told them they need only provide men, for arms, ammunition and money should be taken care for. Kennedy returned within these two days and is gone to his regiment now in Catalonia. The way proposed to the King of bringing this about was to seize the towns of Galway, Limerick and Cork at the same time on a Sunday and to seize the ports and that no quarter was to be given to any that would not join them. The Castle of Limerick was to be surprised by persons who should go in one by one pretending a design only of seeing it and, when their number was come in, they should seize and kill the officers and soldiers. A number of men-of-war on whom the arms and provisions were to be sent were to come to the coast but keep off at sea, till they saw their opportunity, and they were to send in a ship laden with merchandize, which was to lie at the mouth of the River of Limerick and the searchers, when they came on board, were to be clapped under deck and three cannons shot off one after another to advertise their party that it was time to fall on, and that the ships were near to assist them. The ships of war are to carry English colours and the Irish forces, which have been in the French service, are to be on board. The said regiment is to be broken soon; that is to serve as a pretext for their going in so great number home. The King will pretend to know nothing of this, but it is to be managed by the Pope and the Cardinal de Bouillon, but notwithstanding the King furnishes all the provisions. Aug. 5–15, Versailles.
(Then follow the informations given 24 and 27 Aug., N.S., calendared in S.P. Dom., 1682, p. 346.)
Immediately after Tilly parted with Lord Preston at Versailles on the 27th, he with Everard and Glesan went to the Cardinal de Bouillon who ordered them to be at his house at Pontoise on Saturday, where Everard assured him that all the people in Ireland were very well disposed and ready to rise when ordered. The Cardinal assured them of all assistance from hence. He said they had but two little things to do, in which if they succeeded and were favoured by the weather and the sea, they would immediately go about this work. The two things were to surprise Luxembourg and Nieuport. It was then proposed that either the Duc de Bouillon (for they had laid aside the thoughts of the Duke of Luxembourg) should command or a German officer, whose name he has forgotten. Everard for this service is already made Bishop of Waterford by the Pope. He speaks very good Spanish and may pass for a merchant of that nation, and will be much at the Spanish ambassador's chapel. Aug. 21–31, Paris.
Tilly asked Glesan what they would do with the great number of fireworks they had prepared, who answered they would be useful for taking places or defending them, if taken, for they were resolved to lay hold of the first opportunity and not stay for the French landing. Mr. Bourke, Lord Castle Connell's son, is settled in Ireland lately on account of this business and Col. Maccartie, Mr. Bourke and Mr. Kearney design to do the same. Arms are to be sent over in ships' ballast. One Brien of Limerick lately came over and had an audience of the Cardinal and went the 8th instant to Nantes on something relating to the design and thence was to go to Ireland, but has orders to return soon. He hopes at his return to have the names of all concerned in this conspiracy throughout Ireland.
(Names of some of those engaged in this business in Wicklow and Wexford.) [Aug. 30–] Sept. 9, Versailles.
6,000 arms are on the road to Nantes to be shipped for Ireland. Everard is to go over soon. [8 pages. These are the original informations in Lord Preston's handwriting sworn before Secretary Jenkins. S.P. Ireland, Car. II. 343, No. 95.]
Feb. 18. Further information of Roger Tilly, sworn before Secretary Jenkins. Giving further particulars about the persons and things mentioned in the above informations. [22 pages. Ibid. No. 96.]
Feb. 18.
[Received.]
The Merchants of Jersey trading in France to Secretary Jenkins. Craving his protection in the affair concerning which Viscount Preston, envoy extraordinary to France, has sent memorials to him, giving information of the instances he has made to the Most Christian King's Council for the recovery of the money seized on them at the custom house at Constance without having any right done him therein. The merchants have nothing to add to the request presented by them to the said Council for the recovery of the money, of which you have had a copy but, they pretending that the laws forbidding transporting silver and gold out of France are so general that there can be no exceptions and that the article of the last treaty of commerce betwixt the two crowns, which permits the transporting thereof, was in force only during the war, as the English themselves acknowledge, having on several occasions begged leaves for transporting silver out of France, which they would not have done if they had reckoned themselves to have the right to do so without leave, in virtue of the treaty, there is no insisting now on that merely on the ancient customs and tolerations by which the said merchants have been engaged to continue their trade in the same manner as it is long since settled. They have several times transported their coins not unknown to the custom house officers, who have often helped to carry it into the boats. Since they have not heard of any cutting shorter of that privilege, it looks like a very grating justice unawares to seize on their money and confiscate it before they have notice that there is no leave of transporting. The said toleration is known to all; you have had a certificate of it.
It would therefore be useless to make any more instances to the said Council grounded on the article of commerce, since nothing can be added to what Lord Preston has represented, but we are well informed that this affair is not looked on by the said Council as of consequence enough to refuse the recovery of that money, if you would speak a word of it to M. Barillon as from his Majesty and let him know that his Majesty will be well satisfied that poor merchants, his subjects, should be eased of that loss and that they may for his sake get the said recovery, for which the petitioners implore your charitable offices. [1½ pages. S.P. Channel Islands1, No. 129.]
Feb. 19.
Chichester.
The examination of John Pannett. About 5 or 6 on Monday afternoon, the 5th instant, he was in South Street, being commanded by Mr. Carleton, the high constable of this city, to assist to disperse the insolent and tumultuous rabble then gathered in the streets when the Duke of Monmouth came into the town. He saw amongst the rabble 7 persons (named), who behaved very tumultuously, halloing and shouting. [S.P. Dom., Car. II. 422, No. 87.]
Feb. 19.
Whitehall.
Reference to the Lords of the Treasury of the petition of Henry Hilliard for a grant of those derelict lands in the lordships of Marsh Chapel and North Coattes, Lincolnshire, left by the sea. [S.P. Dom., Entry Book 55, p. 237.]
Feb. 19.
Whitehall.
Reference to the Attorney General of the petition of William Corbett for a renewal for 31 years of a grant made by his Majesty, of the office of water bailiff for the rivers of Humber, Trent, Ouse and members, to his grandfather, William Chamberlain, for a term of years very near expiring, the remainder of the said patent being granted to him and his mother and it having been of small value for want of stewards appointed for keeping the courts of conservancy. [Ibid.]
Feb. 19.
Castle Elizabeth.
Sir John Lanier to Secretary Jenkins. By my last I acquainted you how the stocking trade of this island with the French has been altogether stopped, since their moneys have been seized in Normandy, which makes our merchants very pressing to me to lay before you their bad condition. A letter from Lord Preston mentions nothing can be done at the French court till they hear from M. Barillon, which makes me desire you to discourse with him about that affair.
From St. Malo we hear two men-of-war came thither last week to convoy their fleet that lies ready, bound for Newfoundland. Two of their best ships have been lately taken by the Turks. The smallest carried 30 guns. They have relieved all the companies of St. Malo's castle and put a foot regiment into Caen, but have made no other alterations in that province. All our works are finished and the undertakers gone back to England, which makes me hope by your favour I may have leave to go too. [2 pages. S.P. Channel Islands 1, No. 128.]
Feb. 20. The information of Sir Robert Vyner. He is informed by one very intimate with the Fanatics that the persons under-mentioned are consulting to disturb the government, to which intent divers of them that have their houses many miles distant lurk about the city for mischief, which, he fears, they intend suddenly. The meanest are furnished gratis with strong battle-axes or bills, others with firearms. The bills were devised by Alexander, wellknown for his making of silk armour, of which he has made many suits for the richer sort of them as well as some for the Court. His reasons were, they were a good weapon of offence for men unskilled in firearms, good to mix with those who had firearms, and, if they were discovered, they were but watch bills, etc. He believes some thousands are given out, and they are very good both for offence and defence.
At first they gave out they designed these arms only to prevent the succession of his Royal Highness, but now they talk of more speedy action.
This informer I have obliged and think he is truly loyal. He says he would willingly prevent bloodshed, though he has many friends in the party. He hopes he did his Majesty and his Royal Highness good service some years ago in discovering a design to destroy them both, going by water, and supposes it may be remembered, though he did it by Mr. Blood, who had a reward, and, he heard, was commanded to reward him, but he never had anything.
This is not the first of that party that has made this kind of discovery, for above a year since another gave me the like in part, whose examination I gave in to Lords Rochester and Halifax, Mr. Seymour, Secretary Jenkins, etc. That person assured me that on any search of the Fanatics those arms would be everywhere found, especially in the out parts, the North and East, but it was not then thought fit to be done.
The names of the said persons are Colonels Owen, Scott, Buffett and Mansell, Majors Braman, Chamberlaine, Broghouse, Gibson and Rolfes, Captains Mason, Haynes, Ward, Holloway, Cary, Powell, Ellis, Swetnam and Rumball; Proby, Alexander that makes silk armour, Bond makes the battleaxes: several of the others are well-known for Crown stealers, etc., John Eeles, Pachell, Powell, Staples, Whitacre, Jenkes and Hone. [S.P. Dom., Car. II. 422, No. 88.]
Feb. 20. — to Secretary Jenkins. Great are the expectations of the Whigs to learn how the farmers of the Hearth Office come off, but they hope Lord Halifax will be able to go through with what he has undertaken and then we shall see whether the Duke of York be not as deep in that business as any amongst them. Though he thought by making the King merry on ship-board to have had that business quite laid aside, yet there was a hearing last night, when Lord Halifax proved how the King was cheated by them, but it was referred till 5 to-morrow, but, if this be once made out, the Duke of York will be set out in his own colours, for without question he has the greatest hand in this business, and then we hope the eyes of our friends will be clear to see a Pope in his face, for he smells so much of Popery, that it is not to be endured much longer, for it goes into our very nostrils, but he is now coming on Sir P. W[ard], thinking to make him such another fool as he has done poor Mr. Pilkington, but, if the Duke or the Pope pinches his pocket a little, he has wherewith to bear it, but he must have a care of touching his body as they did Pilkington, for we will not suffer it, for we will not stand still and look on as we have done, for we are now in a better condition than we were and have greater assurance of our friends from all sides and every one endeavours to keep what interest they have in the country as well as the city, that, if occasion serve, they may go where their interest lies, because they can be most serviceable to them. [Ibid. No. 89.]
Feb. 20.
Whitehall.
The King to the Marquess of Queensberry, Treasurer Principal, and John Drummond of Lundin, Treasurer Deput. Having ordered the payment of the annual rent of 6,000l. sterling to William, late Earl of Morton, during his life and the principal after his death to James, now Earl of Morton, for the behoof of that family and which we designed and yet ordain to be free from all debts of the Earls of Morton and not affectable by their creditors, and that this Earl of Morton or his son receiving the principal or annual rents shall not infer any passive title or representation of the last Earl of Morton or any of his predecessors and, seeing that the said William, Earl of Morton, has left his estate in great disorder and calling to mind the entire loyalty of that noble family and having a just sense of the present low condition thereof, we now signify our pleasure that, as the late Commissioners of the Treasury caused to make payment of the annual rent of the said 6,000l., so we authorize and require you to consider what annual rents thereof are resting since the last Earl's death and to make payment thereof to James, now Earl of Morton, and of the current annual rents during his life and after his death to his son, James Lord Aberdour, which failing, to any other that shall succeed to that title. And it having been the advice of the Lords of the Treasury by their letter of 6 March, 1677[–8], that, in regard we were in possession of the rents and duties of Orkney and Zetland from crop 1669 inclusive it was just that we (for the annual rents of that money then due and acclaimed by the Earl of Morton as resting to him at Lammas 1677) should order the payment to him of 900l. sterling (albeit more was due), which was not then or afterwards paid, therefore we now authorize and require you to pay to Lord Aberdour, donator of the escheat of William, late Earl of Morton, the said sum of 900l. sterling and out of the first and readiest of it we ordain you to pay to the Earl of Aberdeen, Chancellor, 7,000 merks Scots due to him by the said late Earl, wherewith the said gift was burdened, and, as we at the beginning designed the said principal sum of 6,000l. sterling to be applied for the behoof and support of the family of Morton, so we still order the payment thereof and that it be secured according to that our purpose at the sight of the Chancellor, you as Treasurer Principal, the Marquesses of Douglas and Montrose, the Earls of Middleton and Tweeddale and Charles Home, as friends and near relations of the house of Morton, the said Earl and his son, before payment of the said 6,000l. sterling, not only giving a sufficient ratification of the decreet obtained at our Advocate's instance for our behoof of the earldom and lordship of Orkney and Zetland but also a renunciation of all right and title they have or can pretend thereto, as also that they hold compt to you the rents and duties intromitted with by the late Earl out of that earldom and lordship of crop 1668, to which he had no right. And whereas Robert Logan of Constoune, having been cautioner for the Earls of Morton, was forced to sell his small estate for paying their debts for which he was cautioner, whereby his relict and children were reduced to great straits and thereon she arrested the said debt of 6,000l. sterling and obtained a decreet for making the arrest forthcoming, whereon the Commissioners of the Treasury, to prevent further prejudice by that decreet, appointed 400 merks Scots yearly to be paid to the said relict and children out of the annual rents payable to the said Earl for the said 6,000l., which was accordingly paid till Martinmas, 1681, we now order that this Earl and his son, Lord Aberdour, with the said relict be heard to state their several cases before the Chancellor and you, whom we hereby authorize and require to determine how much, or if any debt at all, is now justly due by the Earl to her and her children and, in case of their finding any such debt to be justly due, to appoint payment thereof either out of the said 6,000l. sterling or the annual rents or partly out of both. [2½ pages. S.P. Scotland, Warrant Book 7, p. 555.]
Feb. 20.
Whitehall.
The same to the same. Warrant, after reciting the report of Lieut.-general William Drummond, Master of the Ordnance, concerning the great want of bedding for the soldiers in Edinburgh Castle and the great inconveniencies sustained by them through want of an allowance of coals to be burnt in the great room where they usually lie and that the King agrees with his estimate of the necessary particulars, viz., for every bed 17l. Scots, making in all for 60 beds 1,020l. Scots and 50l. yearly for coals, for payment of the said sums of 1,020l. Scots and 50l., which last allowance is to commence for the first year from such time as they judge most reasonable. [Ibid. p. 558.] Annexed,
Note of the particulars of every bed. [Ibid. p. 559.]
Feb. 20.
Whitehall.
The same to the same. Warrant for payment to Mary, Countess of Dalhousie of 300l. sterling. [Ibid. p. 560.]
Feb. 20.
Whitehall.
Warrant for a gift of the office of one of his Majesty's ordinary trumpeters in Scotland to Bartholomew Cousings, servant to the Marquess of Montrose. [Docquet. Ibid.]
Feb. 20.
Whitehall.
Memorial of a protection in the new form to Sir William Preston of Valefield for one year. [Ibid. p. 561.]
Feb. 20.
Dublin.
Phelim O'Neill to the Earl of Conway. About payment of bills of exchange and other business.—We are all in a bad condition now about the pay of the army. No right can be had of the old farmers nor any thing will they pay. No assignments can be had for September or December and their assignments for June are generally returned insolvent and, especially what I am most concerned for, your troop's and Capt. Rawdon's troop's assignments for June were returned to me yesterday. Both were on Henry Davis, who paid them part and tells them now he can pay them no more. 250l. are unpaid of your troop and about 240l. of Capt. Rawdon's and how to get it rectified I know not. Many are in the like condition. The Lord Deputy knows the grievance generally and cannot well help it. It is to be feared that these late farmers will leave off more in arrears than any before them. Three months' pay is now preparing for the army by way of imprest on account for present supply, but what months they will be, nobody knows yet. Mr. Gwyn is 3 quarters of his salary behind and, unless he makes friends there to get it, I know not how ever he will. I sent him last week the balance of half a year's salary to 25 March last, which was got with great trouble. [2 pages. Conway papers. S.P. Ireland, Car. II. 343, No. 97.]
Feb. 21.
Yarmouth.
Sir Thomas Medowes to the Earl of Yarmouth. Yesterday at a Common Council held by consent of Mr. B. Symonds and myself, I tendered to him the order of his Majesty and Council with a copy thereof, desiring it might be read and recorded. He replied that some words were omitted and others inserted, which belonged not to the order, and that the Lord Keeper had declared his opinion otherwise. I moved him to a submission to the order, but his reply was that he would dispute the order with any in the Common Council, which the loyal party accounted an extraordinary presumption. To second this Thomas England declared it no way concerned the Common Council to take notice of the order. It was answered, It was fit it should be recorded, that it might be a precedent for the future bayliffs. John Robins declared that, if he were chosen bayliff next year, he would choose George England a justice for all that order. The faction spoke very opprobriously of the order and at last, it being put to the vote, they carried it by one in the negative. A list of the names of either party is sent herewith. The other Order of Council about the fort was read and recorded but not to be performed without limitations on a treaty with Mr. Clarke sent by Lord Dartmouth to take an account of the fort, stores and great artillery there and in the town. I beg your assistance and directions and, if you command it, affidavits will be made of what I write by the same persons who were at London before, with an addition of their rude behaviour. Mr. Symonds still retains the Admiralty seal. If some severe and speedy course be not taken with them, it will not be convenient to hold any more Common Councils. The faction will be so emboldened by impunity that no bounds of law or reason will contain them. Subjoined,
The said list. [S.P. Dom., Car. II. 422, No. 90.]
Feb. 21.
Chichester.
— to Roger L'Estrange. I should sooner have given you an account of the transactions of the Fanatical party here, who were in a manner totally suppressed as to conventicles till the Duke of M[onmouth] came hither with Lords Grey, Stamford, etc., about a fortnight since. The Fanatical party had designed to have given them a splendid meeting, there being designed and in readiness 800 or more horse beside a numberless company of foot with three or four hundred white waistcoats to meet him with white rods in their hands. This pompous design was prevented by a special order from the King and Council and by the care of the High Sheriff and Justices, who took out part of our troop to view what company the Duke had, which was not many, but, when he saw the High Sheriff and his great attendants, who went out about two miles and none of them would take notice of him or his party, he and Lord Grey swore bloodily at them. No other compliments passed. The Mayor was fixed at the gate to take care of mutinies (?) there, guards set in the town and the constables together, yet the rabble met, animated by Farrington, Braman, etc., to the number of 1,000 and with loud acclamations at the Market Cross welcomed him to town and were very mutinous and troublesome, but no hurt done. The Duke was at the prayers at the Cathedral both Sundays, but is past the instruction of sermons, because he knew two loyal prebendaries were to preach. The last Sunday the Bishop's chaplain preached on 1 Sam. 15 v. xxiii. and made so full a parallel of rebellion and witchcraft that the Duke did not stay. Some of his party stayed, but behaved more like brutes and madmen than Christians, cursing the preacher with bitter imprecations and, after sermon was done, followed the prebendary out into the cloister, giving rude language for his most loyal discourse. The abusive persons were Mr. Cutts, Allen Charleton and two more. Some of that party went out in the midst of the sermon, impatient to hear such a discovery of their horrid nature and danger of rebellion. They threaten him, who, I think, fears them not.
The Duke coming hither has animated the factious very much. He leaves Chichester to-morrow. [Signature cut off. Ibid. No. 91.]
Feb. 21.
Whitehall.
Secretary Jenkins to the Bishop of Sarum. On the petition of Capt. Robert Levingston signifying his Majesty's pleasure that he take care that the petitioner be installed into the place of a poor knight of Windsor, as soon as any become void next after such (if any) to whom the like places have already been granted or otherwise into the first place void. [S.P. Dom., Entry Book 53, p. 88.]
Feb. 21.
Whitehall.
Reference to the Lord Lieutenant of Ireland of the petition of Capt. William Tuite for a grant of his Majesty's title to an estate possessed by Sir Oliver Tuite of Sonnach in 1641, whereto Sir James Tuite was restored by the Court of Claims as heir to the said Sir Oliver, which reverts to his Majesty on failure of issue male, he being nearly related to the said family and having been a great sufferer for his Majesty's service. [S.P. Dom., Entry Book 55, p. 233.]
Feb. 21.
Whitehall.
Warrant for a charter for the incorporation of the city of Norwich. [S.P. Dom., Entry Book 66, p. 196]. Annexed,
The Heads of the Charter of Norwich. (The purport thereof appears sufficiently from the abstract of the Charter printed in Selected Records of the City of Norwich, Vol. 1, p. 50, except that power is reserved to the Crown to remove any mayor, alderman, common council man or other officer of the said city). [4 pages. Ibid. p. 198.]
Another copy of the above heads with note by the Attorney General: Let the amendments be made as herein and let this be fairly written and I will get Mr. Secretary to affix it to this warrant by the King. [S.P. Dom., Car. II. 422, No. 92.]
Feb. 21.
Whitehall.
Secretary Jenkins to the Attorney General. His Majesty refers the case of the persons concerned in the enclosed petition to your consideration, desiring you that, if you find the proceedings against them are frivolous and vexatious, you would without expecting further orders enter nolle prosequis, as is usual in the like cases. [S.P. Dom., Entry Book 68, p. 208.]
Feb. 21.
Whitehall.
Warrant to the joint Secretaries of State for Scotland for causing a register of protections to be made and kept in the Signet Office in Edinburgh. [1½ pages. S.P. Scotland, Warrant Book 7, p. 561.]
Feb. 21.
Whitehall.
Appointment by the said joint Secretaries of State of Hugh Paterson of Bannockburn to be keeper of the said register of protections. [Ibid. p. 563.]
Feb. 21.
Whitehall.
Warrant to the joint Secretaries of State for Scotland to suffer Charles Hanses of Gray's Inn to peruse the records or registers in their office and to give him copies of such papers as he shall desire to be published. [Ibid.]
Feb. 21.
Whitehall.
The King to George, Earl of Aberdeen, Chancellor, and the rest of the Privy Council. Warrant for sending up copies of public papers in order to them being digested and published by the said Hanses. (Printed in Wodrow, Vol. 3, p. 497). [1½ pages. Ibid. p. 564.]
Feb. 21.
Whitehall.
The King to Richard, Lord Maitland, Justice Clerk. Similar warrant to the last. (The material part is printed in Wodrow, Vol. 3, p. 499). [2 pages. Ibid. p. 566.]
Feb. 21.
Whitehall.
The King to the Earl of Perth, Justice General, and the remanent Commissioners of Judicatory and to Sir George Mackenzie of Tarbett, Clerk Register. Similar warrants to the preceding. [Ibid. pp. 568, 569.]
Feb. 22.
Coleman Street.
Sir Robert Vyner to Secretary Jenkins. Having received a second information from another of a matter somewhat agreeable to what I acquainted you and Lord Rochester and others about a year since, I could not but lay it before you by the enclosed with the names of divers the informant says are active at present. I have not taken any deposition from him till I receive your commands. [S.P. Dom., Car. II. 422, No. 93.] Annexed,
List of persons suspected to have the black bills in their houses. Immediately after this a general search in those parts is proposed to consideration. [Ibid. No. 93 i.]
[Feb. ?] Isaac de la Croix, merchant at Calais, having seen one of his children carried off by the Roman Catholics and put in a convent to be brought up in their religion and wishing to save the others from a like fate has resolved to retire to England with his family. To facilitate this and to obtain from the Most Christian King permission to sell his property in France, the Earl of Feversham, the Queen's Chamberlain, a little while ago appointed him jeweller to the Queen. He begs Secretary Jenkins to represent his business to his Majesty, in order that he may order his Minister at the French Court a permission to leave in good form for the suppliant. [French. Ibid. No. 94.] Annexed,
Feb. 22. Certificate by the Earl of Feversham that he had sworn and admitted de la Croix as jeweller in ordinary to her Majesty. [Ibid. No. 94 i.]
[Feb. 22 ?] Capt. Ralph Widdrington, Col. W. Strother, Utric Whitfield, R. Bates, William Ogle, Philip Bickerstaffe, Isaac Basire, N. Whitehead, John Ridly and William Orde, Justices of Northumberland, to Secretary Jenkins. The orders of sessions at Midsummer and Michaelmas were made in the life time of Serjeant Sir Richard Stote for settling the county keeping in the high sheriff, a very loyal gentleman, with the former salary of 500l. per annum and providing that trust to be lodged in the high sheriff for the time being, an expedient which would render that office less burdensome, but since Sir Richard's death an order was made at the last sessions to overthrow the two former orders, which by the opinion of the Attorney General and other counsel is contrary to law and will discourage any honest men taking the office of high sheriff. This was done not by argument but by downright clamour and voting, the ill consequence whereof will probably not terminate here, but, if voting must carry it in the Bench, will produce worse effects, unless there be a change in the voters. This is a border county and therefore we think of more than ordinary consideration. We submit the redress to your wisdom whether it may be best accomplished by a regulation of the Bench or otherwise. The fathers of every one of us were killed, banished or lost their estates for their constant allegiance. We mention the names of our brethren who were of another opinion (of whom a list follows). See post, p. 78. [Ibid. No. 95.]
Feb. 22. Certificate by Secretary Jenkins on a complaint of William Sowton, M.A., one of the candidates for the rectory of St. Swithin, London, of a report lately raised, as he says, to his great disadvantage, viz., that he has since the vacancy of the living represented some things to the Secretary to the prejudice of Timothy Hall, another of the competitors for the same, that the said report is utterly false and groundless. [S.P. Dom., Entry Book 53, p. 87.]
Feb. 22. Secretary Jenkins to Sir Roger Norwich. The Lord Keeper desired me to write to you that, if any offer to take the oath of supremacy with and under the explications given to it by Queen Elizabeth, you should not refuse them, those explications being set out by authority. [S.P. Dom., Entry Book 68, p. 208.]
Feb. 22. The Lord Lieutenant to Secretary Jenkins. I desire you would order a letter to be drawn for the promotion of Sir William Stewart, now a baronet, to the dignity of Baron Ramaltan and Viscount Mountjoy in Ireland according to his Majesty's pleasure signified to you the other day. The better to guide the clerk I enclose a copy of the letter by which the same honours were conferred on Lord Lanesborough. I would be glad the letter might be sent by Saturday's post, at least before his Majesty's remove to Newmarket.
I find by a gentleman that was in France last summer how Capt. Shelton imparted to him and two or three more a great part of the information he gave with such secrecy to Lord Preston. The other two, viz., the Deans of St. Patrick, Dublin, and Kilkenny are returned to Ireland and may there be examined and what they shall say returned hither to be compared with Shelton's information. Parry, the gentleman remaining here, the Dean of Kilkenny's brother, says they were about to go with this information to Lord Preston, but forbore, observing Shelton had frequent recourse thither and giving little credit to the matter. [Holograph. S.P. Ireland., Car. II. 343, No. 98.]
[1683 Feb. ?] Capt. Humphrey Okeover to the King. Petition stating that the petitioner had a foot company in Holland under the Prince of Orange, which he quitted, hearing that his Majesty was raising men for France, and returned to England to serve his Majesty, in which service he lost his eyesight by a violent sickness, and that for want of having the benefit of his Majesty's references he continues in a miserable condition, and that the most famous German oculist proffers to restore his perfect sight for 50 guineas, which is more than the petitioner is worth or than he can raise, and therefore praying his Majesty to bestow so much out of the privy purse as may satisfy the German's demands. [S.P. Dom., Car. II. 422, No. 96.]
Feb. 23.
Whitehall.
Reference to the Lords of the Treasury of the petition of Francis Faudell du Fresne for a grant of all such lands as he can recover from the sea in any part of England for some long term of years under such reasonable yearly rent as his Majesty shall think fit, that he may be enabled to make bay salt, having a licence for 14 years. [S.P. Dom., Entry Book 55, p. 237.]
Feb. 23. Dispensation to William Allestry, high sheriff of Derbyshire, to be out of his county. [S.P. Dom., Entry Book 66, p. 202.]
Feb. 23.
Whitehall.
Warrant to Charles Fox, paymaster general of the land forces and garrisons, for payment of a pension of 4s. per diem during pleasure to Col. Henry Farre in consideration of his long and constant loyalty, the imminent hazard of his life at Colchester in 1648 and the total ruin of a plentiful fortune, besides his great age, he being 85 years old. [S.P. Dom., Entry Book 69, p. 23.]
Feb. 23. Like warrant for a pension of 2s. per diem to Capt. Humphrey Okeover in consideration of his loyalty and necessitous condition, he having likewise lost his sight in the King's service. [Ibid.]
Feb. 23.
Antrim.
Viscount Massereene to Secretary Jenkins. Requesting his Majesty's letters for facilitating Robert Dallway's admission to the bar, there being an emergency that does not allow his going again to London to perfect some exercises in the Inn where he has been a student and he being also engaged in the dispatch of some deeds and other importances of this family. [S.P. Ireland, Car. II. 343, No. 99.]
Feb. 23.
Whitehall.
The King to the Lord Deputy. Warrant, after reciting the petition of Daniel Hignett of Limerick, which recited the letters of 12 May, 1680, (calendared in S.P. Dom., 1679–80, p. 473) granting him the King's title in a moiety of the lands of Ballyclough and Knockbruck in the barony of Connello, co. Limerick, and stated that in pursuance thereof he had made out the King's title to the said lands and passed letters patent for the same dated 22 Sept., 1680, and, because, the said lands having been conceded, there is no power on record to ascertain the number of acres for settling the quit rents payable thereout, and, because the petitioner is still a deficient adventurer and soldier, prayed letters to authorize the Lord Lieutenant to direct the Barons of the Exchequer to grant a commission for a survey of the said lands, and, if any overplus remain above the estimated number of acres, that he might have liberty to place deficiencies thereon and that the same might be granted him by new letters patent; a reference thereof to the Lord Lieutenant, who transmitted the opinion of the Attorney General, with which he fully agreed, dated 26 Sept., 1681, that he conceives that the taking of a survey will tend much to his Majesty's advantage by discovering a surplus of acres in the said lands, if any may be found, and by ascertaining the quit rents and that in regard the petitioner (as alleged) has made out his Majesty's title to the lands, which were concealed, that his Grace may fitly recommend that his Majesty would authorize his Grace to direct the Barons of the Exchequer to cause such a survey to be made and may allow the petitioner to place deficiencies on such surplus of acres (if any) as shall be returned on the said survey and the quit rents may be stated accordingly and thereupon the petitioner may pass new letters patent of the whole, as desired by him; a further reference to the Lords of the Treasury and their report dated 6 Feb., 1682[–3], agreeing with the Lord Lieutenant and the Attorney General: Authorizing and requiring him, the said Hignett first making it fully appear that the King's title to the moiety of Ballyclough and Knockbruck is fully made out, to direct the Barons of the Exchequer to grant a commission to survey the said lands, to know what surplus of acres remains over the estimated number in both or either of them, that so the quit rents may be stated accordingly; which being done, to cause new letters patent to be passed to the said Daniel Hignett and his heirs of the King's moiety of the said lands, with power to him to place deficiencies according to the Act rate on such surplus of acres (if any) returned by the said survey, reserving the quit rents to be stated as above said. [Over 3 pages. S.P. Dom., Signet Office, Vol. II., p. 145.]
Feb. 23.
Whitehall.
The King to the Lord Deputy. Warrant for the creation of Sir William Stewart to be Baron Stewart of Ramelton and Viscount Mountjoy in the Kingdom of Ireland, with remainder to the heirs male of his body. [Ibid. p. 149.]
[Feb. ?] Widow Habin, Henry Halsted and John Newton of Chichester and Samuel Carleton to the King. Petition for a grant of 300l. out of the fines lately set on the Dissenters of Chichester and Sussex towards the reparation of their losses and damages and the reimbursement of Carleton's charges, the widow's late husband having been murdered on Sunday, 6 August last, on his return from disturbing a seditious conventicle. Halsted and Newton having, for their diligence in the execution of the laws against the said conventicles, not only several times been severely beaten and stoned, but also lost their employments through the factious interest against them, and Carleton having been at great charges in bailing and defending the petitioners and others at Chichester, who have been most unjustly vexed with actions by the factious party. [S.P. Dom., Car. II. 422, No. 97.] Annexed,
Feb. 24. Certificate by Robert Thornden, Mayor, and four others, that Halsted, Newton and Richard Habin, who was murdered 6 Aug. last, have been for near two years past very active disturbers of unlawful meetings, by reason whereof the two former have lost all their employments and the latter his life. [Ibid. No. 97 i.]
Feb. 24.
Chichester.
The examination of Lambert Bernard. Drinking 26 Dec. last with Robert Whicher and John Woodnutt in the house of William Bettesworth, innholder. Woodnutt drank a health to the Duke of Monmouth and confusion to the Duke of York and said that for all the Tory troopers Monmouth should wear the crown and stripped himself to his shirt and ran out of the room and swore he would fight Radney, one of the troopers. [Ibid. No. 98.]
Feb. 24.
[Received.]
Mr. Rogerson's information against Mr. Hodges about words against the Duke. (Calendared erroneously from another copy under 13 Aug., 1681, in S.P. Dom., 1680–81, p. 402.) [Ibid. No. 99.]
Feb. 24.
Whitehall.
Secretary Jenkins to Sir Robert Viner. Your letter to me with the enclosed information was laid before his Majesty and several of the Lords to-night. His directions to me were to desire you to take the information of such as are able to say anything in the matter on oath, as you may, being an alderman and a justice, do it by law. The principal thing he recommends is that you would set down as particularly as you can learn, where those battle-axes and black bills are made, who the workmen are and where they live, and especially what number or quantities are already made or vended, for, though your paper mentions some thousands, yet his Majesty thinks that he that gives so great a number is able to point at certain persons and places where they live and are disposed of, even to the precise numbers. He would have the examinations taken as privately as you can and, the greater part of the persons in the list not being known to him, he desires you to make another list, though it need not be on oath, wherein should be added under every man's name his quality, dwelling, trade and other circumstances by which those employed to look after the several persons may find them out. [S.P. Dom., Entry Book 68, p. 210.]
Feb. 24.
Whitehall.
Secretary Jenkins to the Attorney General. I send by his Majesty's command two copies of depositions and originals sent me from Stamford. I am told the originals of the two copies are already sent you. You are desired to direct proceedings against Dawkins, if you judge that the evidence and circumstances are such as will bear to his Majesty's vindication and service.
His Majesty being moved to direct you to issue a Quo Warranto against the city of Bristol and the Lord Keeper having delivered his opinion in favour of that motion, it is his pleasure that a Quo Warranto go out as soon as the Duke of Beaufort or Sir John Knight shall desire it. [Ibid. p. 211.]
Feb. 24.
Whitehall.
Secretary Jenkins to the High Sheriff of Yorkshire. His Majesty, having had a representation from the Quakers of their hard usage, as they complain, in several prisons, has commanded me to send you that part of it that concerns your county, that you may return me an answer thereon, whereby his Majesty may have a true state of the business without words either to aggravate or excuse what you shall find to be the real matter of fact and, if you find anything in the restraint of those people that is not agreeable to the laws of humanity or the legal usages in those cases, his pleasure is that you, without setting them at liberty otherwise than by due course of law, give a speedy remedy as by law you may and ought to do. [Ibid.]
Memorandum that the same, mutatis mutandis, was sent to the High Sheriff of Northamptonshire and the Mayors of Norwich, Bristol and Gloucester. [Ibid. p. 212.]
Feb. 24.
Whitehall.
The King to the Earl of Aberdeen, Chancellor, and the rest of the Privy Council. Approving of their proceedings against — Lawry, late of Blaikwood, now a prisoner in Edinburgh Tolbooth and condemned to die for the crimes of treason proved against him. [S.P. Scotland, Warrant Book 7, p. 570.]
Feb. 24.
Whitehall.
The King to the Earl of Aberdeen and the remanent Lords ordinary and extraordinary of the College of Justice, Commissioners for the disposal of the late Earl of Argyle's estate. Warrant not to assign or set out in favour of any of the children of the said late Earl any part of his former estate till the charter chest and all the writs and evidences relating to his estate or offices be delivered to them and the cannon, arms and ammunition, either belonging to the Crown or which were his before the sentence of forfeiture, be delivered up to the Master of the Ordnance. [Ibid.]
Feb. 25. Gabriel Shadd to Secretary Jenkins. Being a prisoner I send you the enclosed petition with an account of my endeavours to serve his Majesty annexed, which I pray you to present to him and to inform him of my sufferings since my durance. Peter Bell, son of a Nonconformist parson, being in the prison on a fine of 50l., spoke opprobrious words of his Majesty, saying to me that if I informed for conscience sake, I should inform against the King for lying with so many women and that he was a petty prince and not to be valued by the States of Holland and that he ought to be divorced from the Queen that there might be an heir to the Crown. I replied that he was as great a prince as any in Christendom and bade him not concern himself in such things, for the Crown would not want an heir and bade him go out of the room. He immediately struck me twice in the face and, when I returned him blows, he took up a knife and stabbed at me and broke it on my body. [S.P. Dom., Car. II. 422, No. 100.]
Feb. 26.
York.
The Earl of Carlisle to Secretary Jenkins. I received yours enclosed in one from my son concerning Sir G. Fletcher appointing me to attend on his Majesty in Easter week. I have been and am still very ill of the gout and know not how I may be then, but, if able, I intend to wait on him then. [S.P. Dom., Car. II. 422, No. 101.]
Feb. 26.
Yarmouth.
Luke Milbourne, curate, to the Archbishop of Canterbury. The factious inclinations of many here cannot be unknown to you, especially since the controversy between our bayliffs was heard at the Council table. Sir Thomas Medowes is a person of undoubted loyalty and sincerity in the communion of the Church of England. Of the first his just complaint against a surreptitious and notoriously ill-affected Justice was an evidence, of the latter his vigorous putting the laws in execution against Dissenters, but Mr. Simonds, the other bayliff, has acted very differently. He is indeed charitable to the poor, constant and devout in the church, very sober in conversation and not altogether unlearned, but his choice of a person so ill-affected to be a Justice, who had not long before been ejected as unfit, and that in spite of the charter, and his violent wresting the Admiral's seal from a legal deputy looked ill, yet youth and want of experience might somewhat have extenuated these, had they not been prosecuted with greater errors. The order of his Majesty in Council he refused to submit to and charged it as supposititious, the seal he refused to resign to the senior bayliff according to order or to have that order of his Majesty recorded, and several others spoke extremely contemptuously of that determination and Mr. Simonds and his party boasted that they came off without the least reproof, so that they had no reason to acknowledge an error or his Majesty's order in relation to it.
I cannot think Mr. Simonds altogether incorrigible; perhaps a little severity may reduce him. He is much guided by the person he had chosen a Justice and a Nonconformist preacher now practising physic here, than which two perhaps few can be found more active or dangerous, nor is his elder brother, with whom he lives, a zealous Presbyterian, wanting in his advice, all three persons of an inveterate spleen against Sir T. Medowes and the Church of England. His actions are agreeable to such counsels, always opposing his partner and suffering conventicles under his nose without the least disturbance. I am persuaded that your Grace may in the Privy Council be an assistant to a just and loyal cause. [2 pages. Ibid. No. 102.]
Feb. 26.
Durham.
I[saac] B[asire] to Capt. Widdrington, Charles Street, Westminster. I am very glad to perceive by yours of the 22nd that we have such good grounds to hope for success in the concern of Northumberland. Last post I sent you our letter to Secretary Jenkins and by this some fresh instances of the disaffection of several Justices in Northumberland. I had an account last post from Mr. Pye of the opinions of Mr. Holt and Mr. Jones clearly for the Sheriff's right and the last order will be quashed in the certiorari which he has [pu]t down and that an action will lie for him against Mr. Howard for all money received on that account. This was my opinion and directions to the High Sheriff immediately after the last sessions, but then I considered this would be very costly to him and a work of time and that, if we could procure a regulation of the bench before next sessions, our work would be done more speedily and all that money would be saved. Therefore, though we will go on with the certiorari, my advice is that a speedy proceeding be made in Council on his petition, and let our friends be informed how much the peace of that county is already interrupted for there are now warrants against warrants for levying the salary. The loyal Justices have issued their warrants pursuant to former orders, for paying the High Sheriff, and the other Justices theirs on the last illegal order for payment of Mr. Howard; so that, unless a new commission of the peace come down before next sessions, that county will probably be in an uproar and there will be such clashing on the bench as may produce very ill effects. This main point should be well pressed and effectually communicated to his Majesty, Mr. Secretary, etc. [Ibid. No. 103.] Enclosed,
Fresh instances of disaffection of some Justices in Northumberland.
1. The grand jury at Newcastle, who without evidence found an indictment against several gentlemen, who had signed and promoted a loyal address, several of the grand jury being Justices.
2. When the grand jury at Morpeth sessions, 1681, made several proposals for suppressing Fanaticism and the preservation of the peace, what small encouragement was given by John Blakiston, one of the Justices, and others, was well-known to many then in court.
3. At the Morpeth gaol delivery, 1681, though an address of abhorrence was signed by the grand jury and several Justices, it was refused to be signed in open court by the said Blakiston, Sir Ralph Delavall and Robert Mitford, foreman of the said Newcastle jury, who found the indictment against the loyal addressers.
4. At the last assizes at Newcastle Sir R. Delavall, Mr. Mitford and Mr. Addison preferred 12 indictments against the loyal High Sheriff, which were all found Ignoramus.
5. At the last Alnwick sessions the grand jury desired that no man should be in public employment for the county but such as were generally reputed loyal and well-affected to the present government, at which time two of the jury declared that the present county treasurer frequented conventicles and he is still continued in the office only by the power of the said Justices.
6. Information was given to the bench by the grand jury at last Christmas sessions, 1682, of a dangerous conventicle of above 500, who met weekly, most of them armed, and desired some course to be taken speedily to suppress them, but this and several other good presentments were totally laid aside, the said Blakiston at that time being the mouth of the bench.
7. Two orders were duly made at Midsummer and Michaelmas sessions appointing Edmond Craister country keeper and to continue that office in the High Sheriff for the time being with the usual salary of 500l. per annum, and those orders were made that the King and county might be better served with honest and loyal High Sheriffs, who would otherwise endeavour to avoid the expense of that office, when their sufferings for their allegiance could prevail for their excuse, but those orders were contradicted by one made the last sessions, Sir Richard Stote, who presided, being dead and Blakiston being put into the station by clamour and downright voting, whereby the High Sheriff is ordered to be put out though he has given bond of 1,000l. and has been at the charge of executing the same for 3 months this winter time, which is of more consideration than all the other 9 months. With names of the Justices who made the two former orders and the last one. [2 pages. Ibid. No. 103 i.]
[Feb. 26.] Jane Harvey to James Warner, minister, in Moorfields, London. I have heard of your safe arrival, though you were in much danger at sea. The Lord help you and the rest of your company to return thanks for it. Those you writ to much wonder I have no letter, but I told them I thought the reason was, because I desired you to send me a household servant maid and did not consider your condition, as I have since seen by your wife's letters. I perceive you had a proffer to go for New England. The Lord direct you what to do in it. I have received a letter from the Governor in Carolina, who says he cannot assure you of a certain maintenance, for in Carolina there is liberty of conscience and every sort takes care for their own minister. You may inquire to satisfy yourself, both for New England and Carolina. As for a woman servant, if you have sent none already, I desire you not to send one, for I am willing but to pay her passage. I would not have much charge about one, and so you may tell my cousin Chappell, for I am discouraged about our friends, not to have one that is fit for me, for I love peace and quietness, and if the things mentioned for you to send are not sent, I desire you not to trouble to send any, but, if you have sent any thing, I will take care to reimburse you. Enclosed is your wife's letter and your cousin, Rosen's. I take your not writing a little unkindly, because others that have letters talk of it, but yet it is my duty not to be afraid of doing good. Mr. Steed and the Governor said, if I had not been a widow, they would have fined me with the loss of my houses, but I did it in obedience to God and so God preserved me. George Hannah is gone for England and I suppose will see you. (Undated but postmark 26 Feb. but true date probably earlier as it appears to have been written from Carolina. Endorsed by Secretary Jenkins "A Nonconformist minister sent by the Lord Mayor to Newgate 7 Aug. '83. Brought me by Mr. Swordbearer 8 Aug. He would not acknowledge the Lord Mayor, nor his being a justice.") [Ibid. No. 104.]
Feb. 26.
Whitehall.
The King to the Governors of the Charterhouse. We have written letters dated 15 May, 1681, 12 July, 1682, and 4 Dec., 1682, in behalf of Henry Levett, son of William Levett, page of the Backstairs to the late King, whom for his loyalty and faithful services he the day before and also the very morning of his martyrdom particularly recommended to our care by Dr. Juxon (then Bishop of London) that he should be admitted scholar of that hospital, and now, since the said letters have not taken the effect we desired and you yourselves have enlarged the age of capacity from 14 to 15, we hereby specially require that at your first meeting you admit him a scholar of that hospital notwithstanding any statute etc. to the contrary, which we earnestly request you to dispense with in this particular case, in no wise intending the same should be drawn into example, but that the present rule be duly observed in the case of all others for whom our letters have been or shall be obtained. [S.P. Dom., Entry Book 53, p. 506.]
Feb. 26.
Whitehall.
Reference to the Lords of the Treasury of the petition of Sir John Fitzgerald for a grant of the quit rents of his father's ancient estate. With memorandum that this reference was renewed 8 May, 1683, at Windsor, to the Lord Lieutenant of Ireland or the Lord Deputy. [S.P. Dom., Entry Book 55, p. 237.]
Feb. 26.
Whitehall.
Further reference to the Lords of the Treasury of the case of Robert Arthur and the report of the Lord Lieutenant thereon. [Ibid. p. 239]. Prefixed,
The said report dated 20 Feb., 1682–3, St. James' Square, that in obedience to the reference of 20 Oct. last we have considered Robert Arthur's petition and find that besides the certificates I have myself given of the constant loyalty and services of Robert and John Arthur, his father and grandfather, in contributions towards the maintenance of his Majesty's army and that of his father in Ireland during the late general rebellion there, his Majesty also granted his declaration of their constant loyalty and innocence in a clause of the Act of Settlement, providing that they should be restored to their ancient estate there except what was thereof in the hands of soldiers or adventurers or within the city of Dublin and that they should be forthwith reprized for the excepted part thereof, of which clause neither the petitioner nor his ancestors having received any benefit, the more considerable part of their estate to the value of 1,000l. sterling per annum lying within the said city of Dublin, for which they have not been as yet reprized, he prays an order for his reprizal (with a consideration of the loss of the mesne profits of his said estate for many years past) out of such lands as he shall discover, to which his Majesty's title has already been found and which are held in custodiam or otherwise, whereon no new commission of enquiry will be requisite, and that to strengthen his title to such lands his Majesty will further appoint that the satisfaction of the deficiencies of the said reprizal may be placed on the said lands, whereby the same may be appropriated to the satisfaction of the said reprizals pursuant to the intent of the said Act. (Then follows a recital of the letter of 28 May, 1680, about the mischief caused by commissions of enquiry, calendared in S.P. Dom., 1679–80, p. 495.) In consideration thereof I cannot advise orders to be given for issuing commissions to enquire his Majesty's title to lands to be granted to the petitioner, yet am of opinion that such lands as he may be able to discover to which his Majesty's title has been already found and are in his disposal may be passed to him by letters patent in recompense of his said ancestors' estate and service, till he shall have obtained full reprizals according to the said clause, he producing a list of such lands with the true value thereof to the Lord Lieutenant within 2 years and placing his deficiencies on the said lands and paying the rents and services required by the said Act. [Nearly 2 pages. Ibid. p. 238.]
Feb. 26.
Whitehall.
Commissions to Capt. Peter Lumsden to be captain, to John Mascall to be lieutenant and to John Hunt to be ensign of the company of trained band soldiers of New Romney in the first regiment of the Cinque Ports. Minutes. [S.P. Dom., Entry Book 69, p. 25.]
Feb. 26. The Lord Lieutenant to Secretary Jenkins. Introducing the bearer, Mr. Pooly, one of those to whom Capt. Shelton revealed the plot in France on very small acquaintance and with whom he, after he was dismissed, had many discourses. [Holograph. S.P. Ireland, Car II. 343, No. 100.]
Feb. 27. Order of the Court of Aldermen. After reciting the order of 20 Dec., that Sir John Shorter should forbear acting as Alderman till he gave in his answer and that he having presented a paper of arguments for his vindication, whereon several counsel have been advised with by the directions of the Court, who are desirous that the opinion of the Recorder, who is now out of town, should likewise be had: that the said Sir John Shorter continue to forbear acting as Alderman, till at Mr. Recorder's return his opinion may be presented to this Court. [S.P. Dom., Car. II. 422, No. 105.] Prefixed,
Dec. 20. Order of the Court of Aldermen. Whereas his Majesty has signified his pleasure by his letter of the 18th that for the reasons therein mentioned proceedings should be forthwith had in this Court against Alderman Sir John Shorter to remove him from his place, if he may be removed by law and the usage of this city, a copy whereof having been delivered to him at his request he now desired leave of this Court to forbear acting in his said place till he should have given this Court his answer to the said charge, whereon the Court agreed that he forbear acting accordingly, the Lord Mayor is desired by this Court to depute Hugh Noden and Thomas Jeve, inhabitants of Cripplegate ward, or such others, in case of their failing, as he shall think fit, to hold the wardmotes for the said ward next St. Thomas' Day in Sir John Shorter's stead. [Ibid. No. 105 i.]
[1683 ?] [Feb. 27 ?]
Tuesday morning.
The Earl of Ailesbury to Secretary Jenkins. Being informed that he is mentioned in a book by Signor Leti, which is not to be bought, requesting him to lend it him to read on his journey, which at his return he will return. Was to have waited on him last night to receive his commands before his journey. [Ibid. No. 106.]
Feb. 27.
Whitehall.
Reference to the Attorney General of the petition of Thomas Neale for a market at Shadwell every Wednesday and Saturday or at least every Saturday. [S.P. Dom., Entry Book 55, p. 241.]
Feb. 27.
Dublin.
The Archbishop of Armagh to Secretary Jenkins. Acknowledging his letter of the 17th with an enclosure for Lord Clanrickard. He does not now live here, but in the country many miles off, however I shall take care to have it safely delivered and I shall on all opportunities perform all the services I can for Lord Dunkellin and his lady. [S.P. Ireland, Car. II. 343, No. 101.]
Feb. 27. Capt. Roger Tilly to Mr. Wynne, Secretary to Sir L. Jenkins. Requesting him to get an answer to the enclosed, from Sir Leoline, who promised him an answer last night but has forgot it. [Ibid. No. 102.] Enclosed,
Capt. Tilly to Secretary Jenkins. I did not believe the King of France had so many good friends in the Court of England till now, only I always knew that Lord Sunderland's interest there obliged him always to stand for that country. It is very sad I must be obliged to quit my employments in a country where I was so well assured of my bread, besides being obliged to make away with my wife's estate for nothing, which perhaps may be seized before I come thither, since I am sure all this news will be in the Court of France before three days. Lord Preston has pressed me to undertake a pleasant voyage to ruin me. I think his Majesty needed not to send for me, since he was already satisfied there was no truth in what I said. I wish it may be so, though I ought to wish it may go on that hereafter you may believe you had once a faithful subject in another country. I go to-morrow, therefore I hope his Majesty will not deny me a passport. [Ibid. No. 102 i.]
Feb. 28. Memorandum by the Archbishop of Canterbury that his Majesty has been informed that in Bury St. Edmunds two conventicles, one of Presbyterians, the other of Independents, are publicly held and so frequented that they seem to divide the town with the two parish churches, which makes them so bold that they make their members appear in the streets at the same time that the more regular inhabitants repair to and come back from their parish churches. There is also a like great conventicle held constantly in Ipswich and another at Woodbridge and yet not the least disturbance is given to any of them. It is therefore his Majesty's pleasure that a letter be written to Mr. Justice Wyndham to meet him at Bury requiring him to give it in charge to the Justices and especially to those living nigh the said town, that they take effectual care for suppressing all these unlawful assemblies. [S.P. Dom., Car. II. 422, No. 107.]
Feb. 28.
Winchester Castle.
Grant by the Grand Jury of the County of Southampton to his Majesty, his heirs and successors of all their right, title and interest in their county hall and the ground thereto belonging, they being assured of his intention to build a palace where formerly the castle stood, in which he cannot proceed without the entire use and possession of the said hall and ground, and he having promised to rebuild another place for the accommodation of the county. 32 signatures. [Ibid. No. 108.]
Feb. 28. Robert Ferguson to his wife. (Printed in Ferguson, Ferguson the Plotter, p. 119.) [Ibid. No. 109.]
Feb. 28. Commission to John Baynes to be brigadier and eldest lieutenant of horse in the King's own troop of Horse Guards. Minute. [S.P. Dom., Entry Book 69, p. 24.]
Feb. 28.
Whitehall.
Warrant to Sir Henry Belasyse for causing drums to be beaten in and about the city of London and other parts of England, for raising 200 volunteers for recruiting the English forces in the service of the States General, with a proviso that notice be given to the Lord Mayor of London before the same be done therein. [S.P. Dom., Entry Book 164, p. 90.]
Memorandum of a like warrant to Col. Alexander Cannon for raising 200 volunteers, dated 12 March, 1683, Newmarket. [Ibid.]
Feb. 28.
Lisburn.
Sir George Rawdon to the Earl of Conway. Yours of the 10th (see Hastings MSS. [Hist. MSS. Comm.] Vol. II., p. 393) was a great satisfaction to all your servants here, that, since you have done with that great employment of Secretary, it has been done with so much honour to yourself and approbation of his Majesty. Mr. Farewell and Capt. Eustace came back from Dublin two days since, of whom I inquired how this change was understood there, and they say, very honourably and to your advantage in every way. The captain is come home with satisfaction, for he made use of the necessity his brother [-in-law] Hill is now driven to by the many suits now upon him and refused to meddle with his affairs (for he is his sole steward, manager and receiver as Mr. Farewell is for his lawsuits) unless he could be assured of payment of his wife's portion of 1,500l. and of 100l. salary yearly to set his lands and receive his rents, which Mr. Hill refused, but at last they consented to secure it, so he and his lady intend to be absent presently in Wales or England to be out of the importunities of creditors. All Kilwarlin rents are to be paid to Sir Robert Colvill, till 2,500l. be paid, and Tom Leathes has all the woods there assigned to him for payment of debts he and Redmon are bound for. They are estimated at 1,000l. and are all to be fallen in one year next. A great pity it is such fine young growing wood should be destroyed, for the best timber trees are felled already.
To-day Mr. Mildmay and John Totnall have been viewing the free school here, which is much out of order, so I have invited all the vicars to allow 10l. a year (since you are contented to convey the site of it etc. and to allow a salary of 40l. a year for a schoolmaster as an addition to the diocese school intended to be settled here) to repair this old school, the estimated charge being 50l. for seats, repairing the roof and covering it with shingles and planking the floor etc., which, Dean Willkins having given the example and offering to pay his 10l., the rest have consented to. But on search to-day this old school is found so mean, the walls and roof being decayed and other defects, that Mildmay, Totnall and our prime carpenter are all against repairing but to build a new school and the old one to be reserved for a writing school, for Mr. Harvey's scholars gentlemen's sons (strangers) are this day 30, that come to church prayers now in Lent and stand for the most part for want of seats, and our writing master, as famous in his kind, has many scholars also. So I am advised to give you this account as their counsel to move your bounty to allow 100l. towards a new school, with which and the vicars' mites and other helps it is designed to build a school worth your noble and charitable inclinations, but we shall be somewhat straitened for conveniency about it and, though you were surprised in selling Eustace Jackson two or three acres intended to enlarge accommodations, to build a schoolmaster's house etc., as you were to quit the great moss excepted in Mr. Harrison's lease as also in allowing Major Stroud's trees, which blind the handsomest street in any town I have seen, please signify your pleasure in this as soon as may be, for our young people will be discouraged to be so accommodated long thus and either we must presently repair the old or give them hope of a new and better schoolhouse. They give me this estimate of the charge of a new school and hope, if it fall short, to have other helps of freewill offerings to make it up. I intend to show example myself and shall invite Mr. Mildmay that has no family and lives with me, and his nephew also, and himself the chief promoter of having this a noble public work, though I have not much hopes of his money, but perhaps his pains in looking after it may be useful.
I writ you a long narrative of several passages here and in our neighbourhood before I received your account of the 10th instant of your leaving your great employment and your intention to retire this spring to Ragley, where I pray God continue your health and life many years and that you may have more pleasure than I doubt you will in managing so great a work, as is begun, to perfection, and that, when your conveniency allows your concerns here to enjoy your presence, it may be satisfactory and your remove prosperous and agreeable to my excellent lady sister to whom I wish all blessings her own heart or yours may desire.
My two daughters often inquire if it will not become them to present their duties to her in writing. Fearing she might think it troublesome, they presume not to do it so often as they would but desire me to speak their most humble duty in their behalf, and Lady Mildmay is so kind a friend and was such to them when they were in Dublin and is pleased now also to be your agent that they have besought me that you will take notice of it to Mr. Gascoigne, her husband, the Duke of Ormonde's secretary, and thank him in behalf of your two nieces. I allow them 12l. yearly a piece for their clothes and she makes them very fine and fashionable from Dublin constantly. [Over 3 pages. S.P. Ireland, Car. II. 343, No. 103.]
[Feb.] The Presentment of the Grand Jury for Northamptonshire at the Lent Assizes. We have seen the presentment of the Grand Jury for Northamptonshire at the sessions held on Tuesday after the Epiphany (Jan. 9) viz.:—We present it as a duty on all magistrates to put the laws in execution made to suppress unlawful assemblies, conventicles etc. because we find that therein have been hatched all the seditious practices which have of late so much endangered the peace, and particularly we present all unlicensed coffee-houses or places where false and seditious news is invented and spread; we present all meetings of any considerable number of people who may be suspected of disaffection to be very dangerous to the public peace and expedient to be suppressed; we present as absolutely necessary that all laws be put into execution against all Dissenters whatever, it being impossible to distinguish Papists from others and both extremes being equally dangerous and, seeing that several of them take on themselves to teach and preach in unlawful assemblies, we desire that the oaths of allegiance and supremacy be tendered to them and all persons of suspected allegiance for the better discovery of ill-affected men and the prevention of their ill purposes and that further and effectual care may be taken for the preservation of the public peace. On delivering the above presentments it was ordered that they have the hearty thanks of the court and Sir Roger Norwich was desired to acquaint some of the ministers of State therewith and to beseech his Majesty to commission persons to give the aforesaid oaths. We fully concur with them and are informed that his Majesty approves of the said presentments and has commissioned several to tender the oath of supremacy to the inhabitants of this county who shall be suspected to be opposers of the King's prerogative in ecclesiastical affairs and causes. We present it as necessary that the oath be forthwith tendered to all suspected to be Popish or of Popish principles and to all other Recusants and Dissenters whatever. And whereas we find that ill men endeavour to get themselves into public offices and employments, we present that all officers before entering on their employments may take the oaths of allegiance and supremacy and produce a certificate that they are conformable to the Church government and have received the sacrament according to the rites of the Church of England within the last 12 months, and that, whereas all ale-house keepers, victuallers, etc., have a great temptation in spreading seditious news, that none be licensed for the future but such as shall take the said oaths and testify their conformity to the government. And whereas several robberies have been lately committed in this county and the robbers have been aided by several ale-house keepers and victuallers, we desire that all inns, ale-houses and other houses of entertainment give notice of all suspicious persons that shall come to their house and on failure thereof be suppressed. And whereas several good men for want of knowledge know not how to perform their duties and others, pretending ignorance, will not do it, we present it as necessary that all officers at the assizes and sessions have articles comprehending their duties exhibited to them before they make their presentments and may be enjoined to answer on oath to them. (The assizes were from 27 Feb. to 2 March.) [3 pages. S.P. Dom., Car. II. 422, No. 110.]
Another copy of the above presentment of the grand jury at the sessions. [Ibid. No. 111.]
[Feb. ?] Col. Thomas Stradling, captain in the King's regiment of Guards, to the King. Petition stating that nearly 4 years since he reminded his Majesty of his promise to him of the payment of 376l. 16s. due to him as a captain in the regiment of Guards, which his Majesty assured him should be continued to him from the time that by false pretences he was removed from his command till he was restored to it, being from 1 Aug., 1672, to 1 March, 1675, which petition was 21 March, 1678–9, referred to the then Lord Treasurer and on his report that the said sum was really due, he was ordered to cause it to be paid to the petitioner, but before he did so he resigned his office, and therefore praying a renewal of the former directions to Charles Fox, Paymaster for the Army, for payment of the said sum out of the contingencies. [Ibid. No. 112.] Probably annexed,
Draft warrant to Charles Fox for payment of the said sum. [Ibid. No. 112 i.]
Memorandum to desire Lord Rochester's favour for an order to pay 376l. 6s. (sic) to Col. Thomas Stradling that he may pay 400l. into the Exchequer, to avoid his being sued. (See Calendar of Treasury Books, Vol. VII., p. 711). [Ibid. No. 112 ii.]
Memorial by Col. Stradling that in the first war the King gave his father a commission to raise a foot regiment, which entitled him to offer to raise a regiment in the late new revised forces. His Majesty having then allowed of it gives him a just encouragement to beg the same honour, whenever any regiments are to be raised. [Ibid. No. 112 iii.]
[Feb. ?] Charles Proger, lieutenant in the Guards, to the King. Petition for a grant of the fines of 100l. set on John Narden, William Lenthall and Henry Rogers by the Court of Verge for a riot. (22 Feb. 1682–3, see Calendar of Treasury Books, Vol. VII., p. 776.) [Ibid. No. 113.]