A Collection of the State Papers of John Thurloe, Volume 1, 1638-1653. Originally published by Fletcher Gyles, London, 1742.
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Spanish embassador's answer to the council of state.
Having upon the 16th of January, 1650, Stilo novo, received by sir Oliver Fleming knt. master of the ceremonies, a paper intituled, Instructions given by the council of state appointed by authority of the parliament to sir Oliver Fleming knt. master of the ceremonies, for to be presented to the Spanish embassador yet remaining in England; which instructions were signed by the lord president John Bradshaw, in the name and by the order of the said council, dated the 5th of January, 1649. Stilo veteri; and containeth several matters resolved upon by the council: what I can answer to them is, that I have not yet received any order from the king my master concerning the points contained in the said instructions; and I would have been glad, that the said instructions had been sent unto me before now, that I might have been able to give notice of them to his catholick majesty, and expect his answer before my departure from this country. But being now to dispose of my journey from hence to Flanders, and that the shortness of the time alloweth me no longer scope than to acquaint his majesty with the good intentions of the council of state; I shall willingly do it, and wish that things may be carried in such a way, as may give full satisfaction to the council, and be agreeable to the welfare of both nations; and that the amitie and good correspondence, which now is practised betwixt the crown of Spain and this nation, may be established, strengthned, and made firm for the future. Dated in London the 19th of January, 1650. Stilo novo.
A paper of the commissioner from Holland and West-friesland to the council of state, delivered to the parliament 14 January, 1650.
If there were ever a deputation ordered by the states of Holland and West-friesland with sincerity, and a scope not only looking upon their own good and happiness, but also upon the common utility and profit with this state, I dare assure, that it is by this present, wherewith I am intrusted; and wherefore. I have the power to appear in this present assembly, for so as the good situation and quantity of ports, rivers, ships, seamen, yea the sea it self by divine providence, are so plentifully to every of those two estates departed, that they alone and no other forces (all being spoken under the protection and assistance of God, and with all reverence to his holy name) are capable to afford the one to the other so many goods, even as at sundry times is become manifest upon a mutual and reciprocal assistance to water was conjunct and against a common enemy imployed.
All which by the lords the states of Holland, my sovereigne lords and masters, being put into consideration, as also that, which by Mr. Strickland, resident of this state in Holland, was propounded, they did command me to make known to you, that so as they had by the grace of God concluded a glorious peace with their great and powerful enemy, so they now desire nothing else, but that the very fruits of the same peace may rebound and be communicated thorough the whole world, and especially to the states and lands of their good neighbours and allies of this kingdom. But being that this peace, which began to increase here in divers parts of the Christian world, would be much prejudiced, if the free traffick and navigation was stopped and discontinued by some, and judging as well that by such means men would undertake to stir up some dangerous mistrust betwixt those two common wealths, I can assure and testify to you, that my lords and superiors will not endeavour only to observe and keep a good neighbourhood with this state, but as well, that it will not fail on their part, that the free traffick and commerce be not exercised always; yea that they will contribute all sorts of good endeavours to the very betterness and augmentation of the same.
For demonstration of which good and sincere affection, and other causes, the lords the states of Holland and West-friesland only more interessed as any other province in this case, have found good to send me hither for to reside, and as well to interpose myself for the interests of the subjects and inhabitants of their state, at the end that to her and to their just and goodly pretensions and rights may be given and departed the duly justice with all desired expedition, assuring that within the province of Holland all the same and with the like promptitude shall be rendered to all the English nation and others subjects to this commonwealth.
Answer of the parliament to the commissioner from Holland and West-friesland.
The parliament of the common wealth of England have taken into their serious consideration, what your lordship did lately deliver unto them in behalfe of Holland and West-friesland, unto which I am commanded in their name to return this answer.
The parliament both from the motives remembered in your lordship's paper, and from many other reasons and experiences of their own, hath ever since, that pleased God to restore this common wealth to its just freedom, been so apprehensive of the common benefits apparently redounding to this nation, together with the high and mighty lords the states of the united provinces by a strict alliance between them, that they thought fit long since to imploy for that purpose Walter Strickland esq; a member of parliament, with addresses as well to the States Generall as to the high and potent lords the states of Holland and Westfriesland; which proceeding of theirs doth give a sufficient testimony on their behalf, that the fault hath not been in them, if so desireable a union and friendship between the two common wealths hath not been attained.
And although the applications made by our said resident unto the States Generall, on so friendly a subject, and for so good an end; have been hitherto neglected, and not so much as audience as yet given to him, which the parliament cannot but take notice of, as notwithstanding which the friendship of this common wealth should be of so small consideration with them; yet the parliament are so well satisfied with the deportment of the high and mighty lords the states of Holland and West-friesland towards this common wealth, and their said resident Walter Strickland in the applications, which he hath made on their part, and of the endeavours which the said high and potent lords from time to time have used with the other provinces, not only to prevent any misunderstanding, but to maintain all good and friendly correspondency between the two estates, that they do the more cheerfully and readily entertain what hath been propounded to them by your lordship; and do resolve to answer those assurances of friendship and commerce, which your lordship doth give on the behalf of your superiors, with most real returnes of good acceptance, desiring as a happy result from the same, that this common wealth and the states of Holland and Westfriesland may not only correspond together in a neighbourly and friendly commerce, but may at last grow up to so strict an union and alliance, as may be found necessary for the good of both.
And as there shall be occasion for your lordship to represent any further particular concerning the interest of that province, or of any member thereof, whereunto there is no proper remedy applicable in the ordinary course of justice; the parliament hath impowered the council of state to receive the same, and give such answers from time to time, as shall be requisite, and may witness the regard which this common wealth hath to the friendship of those, by whom your lordship is deputed.
Instructions for the generall appointed for the command of the fleet for this southern expedition.
Whereas by your former instructions dated . . . . . it is amongst other things set forth, that for as much as several ships and vessels, part of the navy belonging to this common wealth, have departed from their duty, and do still persist in their revolt, being lately got to sea on a design to disturb trade, and to annoy and prejudice the peace of this common wealth; and for that several other vessels do adhere unto them, and many more are frequently at sea endeavouring under pretence of commissions from the commander of the said revolted fleet, or from the rebells of Ireland, to infest merchants and others in their passage to and from the ports of this common wealth; and that you were by those instructions directed to improve your best endeavours to scatter and destroy them, as by those instructions more at large appeareth: Now for that it is thought fit by the council of state, that this present fleet for this southern expedition, under your command as generall thereof, be set forth for the reasons, ends, and intents following; that is to say, as well for the suppressing of pirates, advantage of trade, incouraging merchants, and securing their shipping at sea, as also to pursue, seize, surprize, scatter, fight with, or destroy all and every of the ships and vessels of the said revolted fleet, and all other vessels and ships adhering to, or associating or adjoining with the said revolted fleet, or receiving or taking any commissions, or other power or authority from or under the commander in chief of the said revolted fleet, or any pretending any power under him, or from or under any of the rebells in Ireland, or from or under Charles Steuart, eldest son to the late king, or any other of the said king's issue, or from or under the late queen, or prince Rupert, or P. Maurice, or from or under any other persons whatsoever, in enmity or opposition against the parliament or common wealth of England: You shall therefore by God's blessing and assistance use and improve your best endeavours and all your power with the said fleet, for the ends and intents before recited; and if it should fall out, that any foreign commander set forth or authorized by any foreign prince or state should with any foreign states or princes ships join in a body with the said revolted fleet (which we hope they will not) that you shall notwithstanding (if you find your self with this fleet set forth by the parliament to be in probability strong enough) not spare the said revolters, but fight with them, and by God's assistance prosecute their destruction. And in case the said foreign ships shall thereupon assist the said revolters, or fight against you, that you likewise shall fight against them, and destroy or surprize them, as God shall enable you; but so, that after the fight ended, in case you happen to surprize any foreigners, there be not made any slaughter of them in cold blood, but that they be kept, and used civilly as prisoners of war, and sent over into England, to remain in prison, till they shall be otherwise disposed of by the parliament or the council of state.
And in case that you find occasion, by reason of any unexpected assistance given to the said revolters, or any power of ships set forth by any for the surprizing of our merchants ships, or prejudicing of this commonwealth; that then and in such case you shall be and are hereby enabled (according as the lord-admirals of England in such cases formerly were) to call in to your assistance, and imbarque, arrest, and make use of any English merchantships to joyn with you, to fight or make defence for the safeguard and benefit of this commonwealth; and they are hereby enjoyned to yield obedience to all your commands, under pain of being severely punished, if they in any sort fail therein.
Furthermore, if the said revolted fleet, or any of them, should happen to be sold by their commanders in chief, or any of their captains or other persons whatsoever to any foreign prince or state, or any of their ministers or subjects, or stayed there under any colour or pretence; you are not for all that to forbear to seize, burn, destroy, or surprize them wheresoever you can do it; but to proceed effectually therein, and to signify to them, that those ships are part of the navy of England, and the parliament's own ships, and were treacherously carried away by those perfidious revolters, who have no property in them, nor power to sell them; and that your commission from the parliament enjoins you to demand them, wherever they be, and to seize upon them and send them home.
And whereas by an act made and published the 17th of April 1649, this present parliament hath declared, that they do intend to uphold, maintain, and keep, and were ready to renew the leagues and amities between this commonwealth and foreign nations, kingdoms, and states; and that yet there hath not hitherto been published the like declaration by such foreign kingdoms and states on their part; you are so to govern and deport yourself and this fleet towards foreign princes, states, and nations in former league or amity with this nation of England, as not to molest or impeach them or any of their subjects by acts of hostility, unless in such cases only, where the ships or subjects of such foreign princes shall join with the said revolters, or first assail or do acts of hostility against your said fleet, or some of them, or some other of the ships or vessels of this nation. In which case, it being permitted by the law of nature and nations, to make defence, or to seize by the way of justice, for reparation of such acts of force and injury, without rupture or breach of league or amity contracted with any nation; you are therefore in such cases to rescue and defend such of the English ships or vessels as shall be so assailed, or as opportunity may serve, to seize upon the assailants and other ships or vessels of that nation, that so first unduely shall make such assaults, or do such acts of hostility; and the same to send into some safe port in England, to be detained and proceeded against as the parliament or this council of state shall advise or direct, to make reparation for the wrongs and damages sustained by the English, by occasion of such undue assaults and acts of hostility committed against them.
And whereas the dominion of these seas hath anciently and time out of mind undoubtedly belonged to this nation, and that the ships of all other nations in acknowledgment of that dominion have used to take down their flags upon sight of the admiral of England, and not to bear it in his presence; you are, as much as in you lyeth, and as you find yourself and the fleet of strength and ability, to do your endeavours to preserve the dominion of the sea, and to cause the ships of all other nations to strike their flags, and not to bear them up in your presence, and to compel such as are refractory therein, by seizing their ships, and sending them in, to be punished according the laws of the sea, unless they submit, and yield such obedience, and make such repair, as you shall approve of. But yet notwithstanding, albeit the said dominion of the sea be so ancient and indubitable, and concerneth the honour and reputation of this nation to uphold the same, we would not for all that, that you should in this expedition engage the fleet in any peril or hazard for that particular; so that if it should in this expedition happen, you should be opposed therein by such a considerable force, as the same might prove dangerous, then to forbear the pressing thereof, and take notice, who they were that did it not, that at some better opportunity they may be brought hereafter thereunto.
And whereas there is put on board the Constant Warwick the sum of 3000 l. in Spanish money, and 1000 l. in English money, to be employed for the use of the fleet by your order; as also several letters of credit given you, for the taking up the sum of 10,000 l. in Italy, Spain, and other places, for the better accommodation of the fleet under your command with victuals and other incidents, that may attend the service, which at present cannot be foreseen or determined; and whereas also there is put on board the several ships the Tiger, John, Constant Warwick, Tenth Whelp, and Signet, several petty provisions for carpenters and boatswains stores, over and above the ordinary allowance of stores, as a magazine in cases of necessity; your are to take special care, that the same be not spent in any sort unnecessarily, but diligently kept as a reserve for any extraordinary exigent or time or times of necessity, according as it is intended; yet so, that when, and as often as you shall find it behoveful or requisite for the service, you calling a council of war, and deliberating thereupon, do with their consent, by warrant under your hand, issue and expend all or any part of the said treasure and all or any part of the said stores, for the use and benefit of the state, or any ship or ships under your command, as the service may require; which said warrant or warrants shall at the end of the service be a sufficient discharge to the respective persons intrusted with the said treasure or stores upon their respective accounts for the same.
Lastly, whereas all particulars cannot be foreseen, nor positive instructions for such emergents so beforehand given, but that many things must be left to your prudence and discreet management, as occurrences may arise upon the place, or from time to time fall out; you are therefore upon all such accidents, or any occasion that may happen, to use your best circumspection, and advising with your council of war, to order and dispose of the said fleet, and the ships under your command, as may be most advantageous for the public, and for obtaining the ends, for which this fleet was set forth; making it your special care, in discharge of that great trust committed unto you, that the commonwealth receive no detriment. And so to the end you may be enabled to apply yourself to any foreign prince or state, or any of their ministers for use of their ports, or buying of provisions, or supply of any thing that may be needful or requisite; there are special letters of credence delivered you, to make use of as you may have occasion.
An intercepted letter to prince Rupert.
Para o principe Roberto,
Sennor, ha muitos dias que os interessados nos navios efazendas q' v. seren. tomon, etem contratado vender neste porto requerem a S. magestade que Dios guarde seu direito, e'o que mais he odo parlamento procurando impedirque vossa serenidade nao' disponha neste reyno destas fazendas, como senao ha premitido dispor emoutros de principes comquem s. magestade da Gram Bretanha tem mayor parentesco ea liança; oporque s. magestade dezejando que vossa serenidade se va deste porto com toda a satisfacao' tem mandado uzar de alguns meyos para sem offencade vossa serenidade e com conneniencia dos interessados respondar ea comodar este requerimente, hojeque elles vecorrem aos conselhos e ministros de cozoa requerendo lhes ordinariamente sua justiça, nao Hepossiauel a s. magestade atalhatos, antes lhesera forsado deixar uzar acada hum dos tribunais de sua jurisdicaon por serem grauissimos os inconuenientes que do contrario se podem seguir aosoçego e quietaçao' destes reynos. Com esta notiçia me manda s. magestade, dizer a vossa serenidade da sua parte que vossa serenidade porq' nao chequem aembargar lhe, e sequestrarlhe as fazendas, e aprender e proceder contra os compradores deue recolher tudo a sens nauios procurando apressar sua partida com toda a brevidade porq' demais do referido, hemuito de reparar que estando vossa serinidade anchorado neste porto sem poder em quanto estiuer nelle farer offensa aos nauios que seguem aves do parlamento nem os seus aos que seguem a vos de s. magestade da Gram Bretanha vossa serenidade manda abater bandeiras a sua capitaina cebriga com artilharia a que as abatao' como succedeo a hum nauio q' ultimamente saluo p. Italia, e' sendo ley e estillo inuiolauel nao' sahir deste porto nauia al gumsem noticia e licenca de s. magestade vossa serenidade despachou nas noutes passadas hum que sa hio efez dano consideranda alguns nauios Holandezes com quem temos a uniao' camirade que he notoria atados, l'o reino comica a reprezentar a s. magestade com grande sentimento que nao pedeuir minca emque sefaça offensa algua' ao parlamento pelles damos do comerçio nem emse alte rarem as leys e estillos antigos principalmente com preiviro de terceiro esequei a bem do queja ve feri a vossa serenidade por dons escritos meus que te gora nao' tem satisfaçao algua l'espera s. magestade que assi como no que lhe foy pessiuel procurou e dezejou o descanso e uniao' com o parlamento e sua magestade da Gram Bretanha a procure e dezeie a vossa serenidade entre elle e seus vassalos enitando o caziao' de desgos tos a hum reino que comtanto contentamento recebeo egaralhon a vossa serenidade de vossa serenidade se sirua de me responder aeste escrito com breuidade porq' espera sua magestade com cuidado a reposta delle. Dios guarde a v. serenidade muitos annos. Paco 27 de Janeiro de 1650.
Mr. Peter Thelwall to the council of state.
Right honnourables sirs,
Sirs, His highnesse the duke of Loraine sent to mee this daye his secretarye of state, to advertise mee, that Mr. (fn. 1) Fortescue, his resident there, hath beene of late much prejudiced and affronted; which his saide highnesse much ressents, and desires that present satisfactione and repaire of honnor may bee given him; the which I doe humblye entreate your honors will be pleased for to take ytt to your serious considerations, or otherwise I shall bee dailye in great hazarde of my life here. Although his saide highnes is nott soveraigne prince of this countreye, yet hee doeth here what pleaseth himselfe, and giveth noe body accounte thereof. Havinge nott else, I rest,
In Bruxells this 19th/22 January 1649/1650.
The council of state to the generals at sea.
We have sent you herewith all that we conceive necessary for the dispatch of the fleet appointed to go to the southward, viz. a commission for colonel Blake, and instructions for the said voyage, with copies of the articles of the treaty both with Spain and Portugal, and several letters to be sent to several princes, as you shall have occasion. You have also inclosed letters of credit for moneys to be taken up in those parts. We conceive now nothing wanting, that is to be done here; and therefore desire you to consult together, and put that affair forward with all expedition. We have furnished four thousand pounds in money, and sent you bills for five thousand pounds for Spain and Portugal. We have at present omitted to send you bills for Leghorn, until we shall hear from you. If you have occasion to go so far into the Straits, and shall signify it to us with your desire to have bills, we shall take order for sending them unto you.
Saturday 26th January, 1649.
That it be reported to the parliament, that in pursuance of their order of the 5th of December, this council hath taken into consideration the business of the ship the Sta Clara by the said order referred unto them. And they find, that there was a civil action instituted in the court of admiralty against the goods in the said Sta Clara, by col. Randall Manwaring and partners, as being the goods of certain persons, Spaniards, by whom a ship and goods of theirs was depredated at sea. That in the said action a sentence absolutely was given for the Spaniards, from which there was an appeal by the said col. Mainwaring and partners to judges delegates, where the said appeal remaines undetermined. That untill the said appeal is determined, the council cannot give any opinion, what is fit to be done concerning the goods of the said Sta Clara, either in respect to the said col. Mainwaring and partners, or the other pretenders; in which affair, that there may be no delay, that the house be desired to give order to the judges delegates to proceed to the determination of the said appeal with all convenient speed. But the council find, that which way soever the sentence upon the appeal shall pass, yet the parliament are obliged by their own orders, to pay the said monies to whom the same shall appear to be due. And therefore that the parliament be moved, that they will take it into their speedy consideration, how the said money may be provided.
Spanish embassador to the council of state.
Don Alonso de Cardenas, of the counsel of his catholic majesty, and his embassador to the parliament of the commonwealth of England, doth represent to this honourable council, that above two years since he hath (by order from the king his master) made his addresses to them, demanding for the use of the proprietors (who are Spaniards, and subjects to his catholic majesty) satisfaction of the 50,464 pounds sterling, with the interest and damages due unto them from the parliament, as it doth appear at large by the reasons contained in his remonstrance, whose copy is hereunto annexed; whereupon this council hath been pleased to give the order inclosed, bearing date the 26th of January 1649. And the said embassador having given notice thereof to the king his master, hath received orders from his majesty, to represent to the council the injuries and great damages, that might come upon the merchants Spaniards, proprietors of the goods in the ship Sta Clara, if the satisfaction thereof should be retarded, until the appeal to the judges delegate by colonel Randall Mainwaring and his partners against the Spaniards be determined, being very uncertain when that will be, by reason of the great difficulty of having the judges together, and other delays that have been observed in that business. And the pretension of the said colonel Mainwaring and partners being condemned by a sentence of the admiralty court given against them, and in the behalf of the Spaniards, it may be expected, that their demands and pretensions being so unreasonable and unjust, they shall be condemned likewise in the appeal; and the said embassador offering (as he doth) sufficient security to answer the pretences of the said Mainwaring, according to the laws of this commonwealth, he desireth the council to be pleased to give order, that present satisfaction be made of the principal together with the interest and damages, since according to the 10th article of peace made in the year 1630, the Spaniards ought to be used in England as the natives, as the English likewise are in Spain. And whereas for any action commenced against any Englishman in the commonwealth, nothing is demanded but a sufficient security, the embassador knoweth not why the same should not be likewise practised with the Spaniards. Besides, it is most certain, that the goods pretended to be taken from the said Mainwaring and partners by his majesty's fleet did not amount to above 600 pounds sterling; and now exorbitantly they presume to claim for damages and interest 13,400 pounds; and dato & non confesso, that 14,000 pounds were justly due to the said Mainwaring as aforesaid, the ambassador sees no reason, wherefore should 50,464 pounds with interest and damages be detained for so many years from the poor Spaniards, not any ways liable to the said debt. The premisses considered, the ambassador, by order from his catholic majesty, maketh his request, that the parliament be pleased to give order, that the said 50,464 pounds, with interest and damages, be forthwith paid without further delay, the embassador giving security in the behalf of the proprietors as aforesaid; which was never denied to any man, as he is informed, by the law of this land. Wherefore the said embassador desireth from this honourable council such answer, as may be agreable to justice, the honour of this commonwealth, and to the satisfaction of the king his master.
The speaker to col. Blake.
By several informations we have received from Portugal, by letters and persons from thence, we conceive it necessary, that you should make all expedition in your voyage thither; whereby we hope you may find Rupert's fleet there in such a posture, as you may without difficulty prevent any further mischief by them. One of the informations, being taken before the vice-admiral of Dorsetshire, we have also sent you inclosed.
An intercepted letter to prince Rupert.
Para o principe Roberto,
Vendos. magestade q. D. garde o papel que vossa serenidade deixon em suas maos reais em que vossa serenidade pede lhe mande declarar se tem lugar ainda a reposta que aqui seden a monsieur de Lisle me ordenon s. magestade disesse de sua parte a vossa serenidade que nunca dunidou admetir em seus portos os navios de el rey da Gram Bretanha na forma que le mandou significar por monsieur de Lisle, mas que repara muito em vossa serenidade lhe farer esta proposta sendo assi que de parte de s. magestade nao' oune alteraçao.
E' se vossa serenidade a sas em rasao' de que en os dias passados commoniqueja vossa serehidade asaber que nao' era justo nembo a correspondencia que uindo vossa serenidade para este reyno tomasse na boca de sua barra onjunto aellaos nauios que uinhao' para elle de suas conquistas contros de comerçio e'entrasse com elles noste porto cos quizesse nelle vender e estarse quatro meres com hua' armada tao consideranel a fugentando intimidando os nauios de comercio em grane prejuizo desta Coroa e queixa de seus vassallos que aduirtesse vossa serenidade que dest mihap Roposta senao podia formar adunida referida porq' vossa serenidade entende muito bem que destas edeoutras couras que vossa serenidade praticonestando nste porto se impedio o comercio deste reyno com o pressao' clamor e dano irreparanel de seus pouos oque he dircita mente contra a veposta que seden a monsieur de Lisle perq' nella em primeiro lugar se resalua o comercio a mira de e neutralidade das nacoes aliadas e' conseruacao' do propio reyno. Demaneira Sr que os nauios do comercio del rey da Gram Bretanha podem uir todos aos portos de s. magestade evender nelles as fazendas que trouxerem, l'os de guerra tambem poderao' vender asque trouxerem dentro emsj. masnao' poderao' entrar nos ditos portos como forem mais de quatro, e' estes quando entrarem estarao' no porto so portemto de quinze on uinte dias nos quais uenderao' suas fazendas eseguareçe rao e prouerao de mantimentos porem nao entrerao nos portos se trouxerem nauios de prezas tomados juntos as nessas barras on que nenhao' em direitura aos nossos portos pella offensa que se faz ao' comerçio egrane dano dos vassalos deste reyno contra oque se assentou na reposta que se den a monsieur de Lisle como acima fica dito oque tudo s. magestade tolerou por estanes pello grande amor quetana magestade del rey da gram Bretanha, e decoro da pesso a de vossa serenidade D. garde a vossa serenidade muitos annos. Do Paco em 18 de Marco de 1650.