A Collection of the State Papers of John Thurloe, Volume 1, 1638-1653. Originally published by Fletcher Gyles, London, 1742.
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Memorial que Thomas d'Eliot gentihomem da Camara de el rey da Gram Bretanha, deu a s. magestad el rey de Portugal a 19 de Marco de 1650.
Que em respeito das muitas precedentes edades, que pella mayor parte sempre tiuerao' pas firme', amizade, correspondencia, entre oglorioso antecessor & rey da Gram Bretanha e Portugal, eque no tempo da derradeira magestade Carlos o primeiro da quelle nome rey da Gram Bretanha sempre de gloriosa memoria, em hum tratado que se fez em Londres aos 29 dias deJaneiro do amo de 1642. entre os comissarios procuradores e agentes do dito respectivo rey, os ditos comissarios consentirao', concluirao' e a cordarao, certos artigos e capitulaçao' da paz entre o dito rey seus herdeiros e successores, os quais depois forao confirmados ao dito respectiuo rey por tanto sua sacra magestade, o 2° da quelle nome seu fillio herdeiro e' successor do dito seu real pay Carlos a primeiro agora rey da Gram Bretanha imitando as honrrosas acsoes de seus muito s. reais progenitores, por mais firme seguro, e perfeito assentamento de pazes correspondencia e amizade, entre as coroas de Inglaterra e Portugal, tem parasy de bem a recomendar anos seu agente e administrador seus artigos e' capitulaco es seguintes para dar a entender a s. magestade e'l rey de Portugal.
Estas pases celebrou a magestade de Carlos rey da Gram Bretanha defunto em seu e' de s. magestade que hoie uiue, emira muitos annos entao' principe de Vuales e desens successores, com s. magestade de Portugal o guar de em seu nome e' do serenissimo principe Dom Thcodosio seu filho primo genito, e de seus sucessores e' as pases celebradas por este modo nem se costumao' confirmar, nem tem disso necessidade e' por esta rasao' senao' confirmarao' despois da morte de e'l rey Luis decimo tervio de Franca as que elle celebrou com s. magestade de Portugal, pello que parece escuzado o traba lho detornar a fazer conferencias sobre artigos que senao' podem alterar sem consentimento de ambas as partes que hoie estao' de acordo e'mgardar as pazes e' confirmar o acto q' nao' ba mister essa solemnidade nem a breuidade com q' V. S. se quer partir da lugar ao de teremos mas tempo por esta causa.
S. magestade da Gram Bretanba disse per uezes em o lando ao e'mbaxador Francisco Pesou da coutinbo e' qui em seu nome o disse outras muitas Arnul de Lisle, que nao queria que s. magestade de Portugal rompesse a neutrali dade que guardaua nestes mouimentos de Inglaterra conlucendo que se rompesse se seguiriao grandes danos a estes reynos sem utilidade de s. magestade da gram Bretanha, contra o qual e em prejuizo de seu direito nao concedera s. magestade socorro ou fauor algum com isto e com o mais q' direy a V. S. de paulaure se responde aeste particular.
I. Que o que dezeja adita s. magestade el rey da Gram Bretanha que todos os artigos e capitulaçoes de paz entre as coroas de Ingleterra, e Portugal e em especial os diante nomeados de paz entre seu real pay rey Carlos o primeiro deste nome', e s. magestade el rey de Portugal sejao Renouadas conhecidas, e confirmadas.
II. Que pello mesmo respeito he evidente que odito concerto e tratado de paz parece emtota a rasao' e direitos de leis somente' intenta comprehender as pecoas que uiuendo em os dominios da dita s. magestade el rey da gram Bretanha, eque sao Leaes Vassollos obedientes e ligados adita s. magestade el rey da gram Bretanha q' he muito notorio atodo amundo que aquelle que tem agora poder emando no reyno de Inglaterra et em ontras muitas partes dos dominios de s. magestade nao so mentetem si do traidores de muitos atras tomando armas contra adita magestade rey Carlos o primeiro mas muito barbara e inhumaniamente omatarao e por forca de armamas us wiparas a sua benigna magestade agora nius her devio e successor sem dunida de seu real pay tudo o que lhe pertencia da quella coroa.
III. Por tanto elle dito s. magestade el rey de gram Bretanha agora uino por esta pre zente declara todas as ditas percoas que mandao no reino de Inglaterra e em outras partes de suas dominacos e'que por forcas de armas resistem sua successao e legitima authoridade pro pica mente sua portraidores E. rebeldes a dita s. magestade sua coroa e dignidade e'pede a sua ilustre magestade le rey de Portugal por conseguir ointento dos antecedentes artigos e'capitulacoes das pazes assi alcansadas e feitas entre as coroas de Inglaterra e Portugal como fica dito, nao de nenhum fauor, conveniençia, nem, licenca aqualquer couza que se intente para elles on seus ministros ouqualquer outro, tendo poder e authoridade seu nos dominios de s. magestade el rey de Portugal que possa attentar o prejuiro e'authoridade do indubitanel direito da dita s. magestade el rey da gram Bretanha, para animar ou assistor aos ditos rebeldes em seus pernisiosos intentos e designios contra adita s. magestade el rey da gram Bretanha, ou de al gum da sua parte que tiuer poder e'authoridade e' comissao delle e'descia s. magestade da gram Bretanha que adita s. magestade el rey de Portugal nao admita algum agente procurador on embaxador a qual, se lhe possa enuiar dos ditos rebeldes de baixo de titulo ou cor de estados liures.
Antes da chegada de V. S. hauia pedido isto mesmo o senior principe Roberto e' se lhe tinha respondido na conformidade dopapel que sera com este e'para quel Fueja e'o faca prezente A. S. magestade da gram Bretanha que so asua amizade e'o grande dezejo que s. magestade tem deque se melhorem e estabe laiao suas couzas o obrigara a confirma para as occasioes futuras o q' para hua so se respondes a Arnul de Lisle seja V. S. seruido de ler e considerar os papeis que de ordem de s. magestade escrevi as senior principe Roberto que enuio a V. S. com intendo de s. magestade da gram Bretanha mandar aos navios de guerra que vierem aos portos destes reynos fugir dos inconvenientes que experimentamos nos do senior principe Roberto. Dios guarde a V. S. muitos annos. Paco 21 de Abril de 1650.
IV. Que em respeito do considerado entre as coroas de Inglaterra e' Portugal o qual hum como outro se ajuda e'assiste e for ja tratado e alcansado e feito em nome de s. magestade da gram Bretanha por hum dom Arnul de Lisle fidalgo da camara priuada de s. magestade e'a dita sua ilustre magestade el rey de Portugal so bre a liber dade dos porto se'outras cousas necessarias e' tambem deseja a dita s. majestade da gram Bretanha que odito tratado alcansado e feito com o dito Arnul de Lisle seja outrauez renouado feito econfirmado.
A paper of Charles Vane esq; the English resident at Lisbon, to the king of Portugal, concerning the ships and goods of English merchants, of the 5th of April, 1650.
That your majesty will be pleased to give way, that the goods and ships properly belonging to any English merchants, and violently taken from them by the revolted ships under command of P. Rupert, may be restored to the right owners; or that your majesty will suffer your courts of justice to be free and open, that so they may recover them by law; and that the goods of merchants, that have been thus taken and brought into your majesty's custom-house, may no more of them be dispatched and carried away, unless it be for the use of the right proprietors.
The speaker to col. Blake.
The parliament hath received your letters from aboard the George in the Bay of Weires of the 29th of March, and thereby understand of your being arrived there in safety, and of prince Rupert's being still there; and hope you will be able to prevent his further proceedings in his piracies, to the disturbance of trade and commerce. And although you could not fall on them at first for want of wind, yet we doubt not but a fit opportunity will be offered you for prosecution of your former instructions, or such other as you may herewith receive from the council of state; to whose consideration the parliament hath referred the letters and other papers by you sent, and from whom you will receive further and more particular directions: this being all, which at present is appointed to be signified unto you by,
12 Aprilis, 1650.
The speaker to Mr. Charles Vane the English resident at Lisbon.
The parliament hath received your letters from Lisbon of the third of April; whereby they understand the safe arrival of the fleet, and of Rupert's being there in the river. They also have had by your said letters information, that you have had two several audiences of the king, but that as yet he hath not consented to deliver up the revolted ships of the parliament, which are under the command of that pyrate Rupert, with the rest of those, which he hath taken as prizes. They doubt not but you will with all instance profecute the instructions, which you have received from the council of state, or such others as you shall receive from them upon this occasion; the parliament having referred to them the consideration of your letter and the rest of the papers sent from thence, from whom you will receive more particular directions in this affair; this being that, which is appointed to be signified unto you by,
12 Aprilis, 1650.
An intercepted letter to prince Rupert.
A Quelle papel de que nao dei reposta a V. S. por escrito atem para poder dar a V. S. Duarte nunes da costa aggente de s. magestade em Amburgo delle apode V. S. mandar cobrar Dios guarde V. S. muitos annos. Do Paco a 22. de Abrol de 1650.
A second paper of Mr. Charles Vane to the king of Portugall, concerning his order, that no more English men of war should come into his harbour, and some insolencies committed by Rupert's men: of the 15th of April, 1650.
I Had notice given me by the secretary of state of your majesty's order to your forts, that they should suffer no more English men of war to come into your harbour, which I have acquainted our general with, who was rather in expectation of your majesty's answer to his proposals made to your commissioners by the vice-admiral, and not a little concerned at this order, whereby he conceives our fleet debarred of all manner of aid, and our enemies open and free to receive what succour shall be sent them, by any nation except English. His desire is, your majesty will be pleased to give him a speedy and positive answer to those proposals.
That the parliament of England was in good hopes, your majesty nor any other of the allies or confederates of the state of England would have given the least protection to their enemies, and declared traitors, the revolted ships under command of p. Rupert, who being pirates and destroyers of all trade (as evidently appears by their late violences and outrages committed against English merchants) ought by the law of nations not to be protected, but discountenanced and esteemed enemies to mankind.
That it is an exceeding great grief to all true-hearted Englishmen, merchants in this town, to see your majesty's harbour blocked up by two fleets, whereby their trade and commerce, not only at present is interrupted, but in danger to be utterly ruined, unless your majesty in your wisdom find out some way to free both your ports of both these fleets.
That insufferable insolencies have been committed of late by some belonging to Rupert's fleet, not only against some of my servants, but against English merchants and captains of ships in your majesty's service for Brazil, who are daily threatned and affronted by these men, and are in continual fears of their lives. That our willingness to comply with your majesty's commands, not to begin any acts of hostility in your harbour, is an occasion of increasing the affronts and insolencies of these men.
That our general gave me notice last night, that four of his men being with some others sent ashoar by order, were set upon by Rupert's men, were beaten and wounded, and afterwards carried aboard the admiral of revolted ships, whereof one of them being hurt was sent ashoar, the other three are still detained prisoners. That our general looks upon this as an act of hostility; and therefore being begun by them, he hopes your majesty will give way, according to agreement, that they may defend and right themselves in your harbour, or that you will be pleased to command them out of your forts, that they may do it abroad.
A petition, which should have been presented by the merchants residing in Lisbon to the king of Portugal.
The English merchants, whose names are here underwritten, prostrate at the feet of your royal majesty, represent unto your majesty the great inconveniencies, which do arise by the being of these two English fleets in your port; whereby the commerce and traffick of the two nations is not only at present hindred, but in danger to be utterly ruined, to the great prejudice of your royal customs, and the undoing of your petitioners. In consideration whereof your petitioners humbly propound to your majesty, that you would be pleased in time to prevent those inconveniencies, and in your wisdom find out a way to free your ports of both these fleets. Wherein your majesty will do justice, and your petitioners, &c.
Additional instructions unto colonel Robert Blake, appointed general of the first fleet, that is gone to the southward.
I. You shall remonstrate forthwith to the king of Portugal, that those ships now in his ports de facto commanded by prince Rupert, are of a nature not capable of neutrality, for that they were a part of the navy of England in the real and actual possession of the parliament, armed, equipped, and furnished by them in their own ports; the mariners being also their own servants hired by them, and placed in those ships in the immediate service of the parliament. From which service and from their duty the said mariners have persidiously apostatized, and made defection, and as fugitives and renegadoes have run away with the said ships, and in the same as pirates and sea-robbers they have exercised and made depredations and spoils; and by adding to their numbers the ships by them taken were growing to a strength like to prove dangerous to the interruption, if not the destruction of all trade and commerce. That they are such fugitives and renegadoes, as have no place in the world which they can pretend to be their own; nor have any port of their own, whither to carry their prizes, and where to make shew of any form of justice; but whatever they can by rapine and depredation take from any whomsoever, like so many thieves and pirates they truck the same away, where they can get admittance for that thievish trade, without bringing the same first to any adjudication, or making any such proceeding in courts of Justice, as the laws and customs of nations prescribe to be done by all fleets of states or princes, or any ships going to sea with lawful commissions. Which being so, it is a certain rule, Quod piratæ & latrones, qui civitatem non faciunt, jure gentium uti non possunt; and being as they are hostes humani generis, may neither use the law of nations, nor are capable of protection from any prince.
III. That the commonwealth of England expect from all their friends and allies all manner of aid and assistance in the prosecution and recovery of their own ships, part of their own navy, from the hands of their own fugitives and piratical renegadoes; and in particular they look upon the king of portugal as one, from whom they expect all friendly offices; and doubt not, but he will be far from countenancing such fugitive pirates by affording them a protection in his ports, or hindring the commonwealth of England to seize upon their own ships, where they shall find them in the hands of the same fugitives, that persidiously run away with them.
IV. That by the late treaty, as the commerce is free as well by land as by sea in all and singular the dominions, islands, havens, and territories of the king of Portugal, and that without any safe conduct or other licence general or special, as well by land, as by sea and fresh waters, as appears by the 2d article; and that they may carry in their ships arms, victuals &c. out of the ports of the said king, as in the 11th article; so is there not through the whole treaty any clause forbidding to repair with a fleet or ships of war into those havens or territories, upon any just occasion, (as the prosecution of fugitive pirates is most just) nor any clause that leave should be asked upon such an occasion.
V. That the commonwealth of England do demand it in justice from the king of Portugal, for conservation of the amity betwixt them, to do them right, by permitting their general to take all manner of advantages for seizing upon the said revolted ships now in his ports, for the use of the commonwealth of England, the true and undoubted proprietors; the rather for that ex defectu justitiæ tenentur reges, & licet non a priori faciendo, tamen ex pesteriori negligendo, facti funt participes, ac præcipue, qui ad inhibenda latrocinia & piraticam pravitatem non adbibent ea quæ possunt & debent remedia.
VI. And that unless this justice be executed, you cannot tell how to answer it to the commonwealth of England; the rather for that by the law it is permitted to prosecute such persons etiam in alieno territorio.
VII. You are to remonstrate to the king of Portugal, that wee have received notice, that some message or intimation was delivered in his name, as if he had given orders to his forts not to suffer any more English men of war to come into the bay of Weires. That we cannot apprehend upon what ground that intimation should be given or message sent, as well for that there is no clause in the treaty to forbid the ships of war of the common wealth of England to come into bay; especially where they have so just an occasion as this is, to fetch in their owne ships out of the hands of those pirates; as also for that the said king having first permitted these treacherous fugitive pirates to come in thither with these ships, part of the English navy, which they ran away withal, it were against all right and justice to deny the commonwealth of England that liberty to come in with their ships of war, which the said king hath already given to those fugitives and pirates. And therefore you are in the name of the common wealth of England to desire the said king, that his ports may be open and free for them, and that all their ships of war may have liberty to come into the said bay of Weires, or any other his ports, and return as they shall find occasion.
Instructions for col. Edward Popham, one of the generalls of the fleet, and especially appointed to command the second fleet, that is ordered to go southward.
You are take into your charge the ships hereafter mentioned, viz. the Resolution,
the Andrew, the Phenix, the Satisfaction, the America, the Great Lewis, the Merchant, the Hercules; and with the said fleet to make your repair with all expedition, wind
and weather permitting, into the port of Lisbon, in pursuit of the revolted fleet, who, we
are informed, now ride there, as well as the fleet under the command of col. Blake; and
for better directions herein,
First, We refer you to our former and latter instructions given to col. Blake, another of the generalls of the fleet, of which we here give you copies, desiring you also to do your best for the putting the same in full execution.
Secondly, You are with all your power to pursue, seize, scatter, fight with, surprize, or destroy all and every of the revolted ships and vessels, and all other ships, that have joined with them, or associated with, or adhered to them; they being all pirates, that have infested the seas, and piratically spoiled trade; or such as shall associate with or adhere unto them; and therefore you are to pursue them, and the treacherous fugitives, renegadoes, and searobbers therein, and their adherents, and by God's assistance effectually to surprize or destroy them wheresoever you can find them.
Thirdly, And whereas divers of the good people of this commonwealth have of late sustained great losses and damages, by having their ships and goods unduly seized, pillaged, surprized, and taken by divers French ships and Frenchmen subjects to the French king; by which means the shipping of this nation hath been in some measure impaired, and the English trade lessened: and albeit all fair courses have been taken and observed, according to the formes of princes and states in amity, in seeking and demanding redress and reparation; yet none could be obtained, but on the contrary several of the French ships have unduly spoiled other English ships in the former manner, so that according to the laws and customs of nations there ought to be Droit de Marque, and letters of reprizals are grantable.
But in respect that many of the English so spoiled are not able to undergo the charge of setting forth ships of their own, to make seizures by such letters of marque; and for that by the law used amongst nations any state may in such case cause justice to be executed by their own imediate officers and ministers imediately, where they find it requisite; you shall therefore, as in the way and execution of justice, seize, arrest, surprize, and detain such ships and vessels of the said French king, or any of his subjects, as you shall think fitt, together with the tackle, apparel, ordnance, and ammunition, and all and singular the monies, goods, wares, and merchandizes therein, wheresoever the same shall be met withal upon the seas; and the same so seized, arrested, or surprized shall secure and keep in your custody, without any manner of wasting or imbezilling the same or any part thereof, until the parliament shall declare their further resolution concerning the same.
And to the end that such ships, that you shall so seize, may be proceeded against in the court of admiralty, according to the rules and forms of justice, if the parliament shall so resolve; you shall carefully preserve all the coquets, bills of lading, commissions, and all other writings whatsoever, that shall be found on board such French ships, and shall send the same to the said admiralty court; as also two or three of the principal of every such French ship, to be examined in the said court, if the parliament shall so direct; that upon due and regular proceedings right and justice may be done therein.
And whereas there is to be put on board the Resolution one thousand pounds in Spanish money, as also several letters of credit given you for the taking up the sum of four thousand pounds in Portugal or in Spain, for the better accommodation of the fleet under your command with victuals and other incidents, that may attend the service, which cannot yet be foreseen or determined; which said thousand pounds, as well as what is to be received upon the letters of credit at Lisbon, is to be paid into the hands of Mr. Hugh Powell, deputytreasurer of the fleet, to be issued as is hereafter directed in this instruction.
And whereas there is also put on board your said fleet double proportions of petty provisions for boat-swaines and carpenters stores, which is above the ordinary allowance of stores; you are to take care, that the same be not spent in any sort unnecessarily, but diligently kept as reserve for any extraordinary exigent or time or times of necessity, according as it is intended; yet so that when 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 hands issue and expend all or any part of the said stores and treasures 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 account for the same.
You are to remonstrate to the king of Portugal, that you have received notice, that some message was delivered in his name, as if he had given order to his sorts, not to suffer any more English men of war to come into the bay of Weires; that we do not apprehend upon what ground that intimation was given or message sent, as well for that there is no clause in the treaty to forbid the ships of war of the commonwealth of England to come into that bay, especially where they have so just an occasion as this is, to fetch in their own ships out of the hands of those pirates; as also for that the said king having first permitted those treacherous fugitive pirates to come in thither with those ships, part of the English navy, which they run away withall, it were against all right and justice, to deny the commonwealth of England that liberty to come in with their ships of war, which the said king hath already given to those fugitives and pirates. And therefore you are in the name of the commonwealth of England to desire the said king, that his ports may be open and free for them; and that all their ships of war may have liberty to come into the said bay of Weires or any other his ports, and return as they shall find occasion.
If the said king of Portugal shall refuse or neglect to do you right in the premisses, then for default of justice from him therein, you shall seize, arrest, surprize, and detain in the way of justice all such ships, either merchants or others, belonging to the king of Portugal, or any of his subjects; and secure the same, and all the goods therein, and all the writings, in the same manner and form, as by the third instruction given you concerning the French, to be kept till the parliament shall resolve what further directions they will give concerning them, as is expressed in the said third instruction.
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 occasions 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 obtaining the end, for which this fleet was set forth; making it your special care, in discharge of the great trust committed unto you, that the commonwealth receive no detriment. And to the end you may be enabled to apply yourself to any foreign prince or state, or any of the 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.
You are, upon your coming into the bay of Weires, or any other place, where you shall meet with col. Blake, to shew him these your instructions; who is hereby authorized and required to put the same in execution jointly with you, if you shall continue together, or severally and by himself, if you find it for the service to divide your selves, as well as if the same had been directed particularly to himself.
An additional private instruction for generals at sea in the fleet gone to the southward.
If upon consideration of your last instructions and your present posture with the king of Portugal, you shall find you are like to come to a breach with him, by any acts you shall be necessitated to put in execution in pursuance of the said instructions; you shall send for Mr. Vane, the resident there, to come on board, and shew him your instructions, and declare your resolutions, that he may give orders for securing his papers, and that his person may be in safety with you against any wrong might be done to him, or advantage made of him against the publick service.
Mr. Charles Vane's paper to the king of Portugal concerning some Englishmen being slain and hurt by prince Rupert himself, and others of his company, and their hiring a Portuguese boat with fireworks to fire the vice-admiral, of the 25th of April, 1650.
I Am sorry I must trouble your majesty so often, but now I am forced to it by the insufferable and insolent carriages of our enemies, who not contented to commit their barbarous acts of cruelty against us, make nothing of daily violating your majesty's honour and authority in your ports. Our general has given me to understand, that last Saturday there being some men belonging to our fleet sent ashoar to fetch water, one of them was slain upon the place, and it is reported by Rupert himself, who was there present; five of them dangerously wounded, three carried away prisoners, and the rest narrowly escaped.
The same day they hired a Portuguese boat, with two negroes and an Englishman in it, disguised in a Portugal habit, who under pretence of selling oil, brought a barrel filled with fireworks, and therewith intended to fire our vice-admiral; but by God's great mercy it was prevented, and the boat with these men in safe custody.
They do daily affront your majesty, as well as ourselves; of which I have often made my complaints to the secretary of state, and yet we can have no redress, neither can we relieve ourselves, our hands being tied up in respect of your majesty, which hitherto by us has been kept inviolated.
Our general appeals to your majesty for justice (for innocent blood cries loud) and desires your majesty to determine, whether that cruel murther, and their wicked design by fireballs intended upon our fleet, be not an act of hostility, and our fleet thereby set free to attempt the like on Rupert's fleet, or to right themselves otherwise, as occasion shall serve.
I shall take the boldness to make this observation to your majesty, that I have such cause to apprehend, that prince Rupert and his fleet seeing themselves in a lost condition, resolve to stay here on purpose to weaken the amity between the two nations, and, if possible, to make a rupture, which God forbid! I shall therefore desire your majesty to take it timely into your consideration, that since by this horrid murther and wicked design of fireballs they have made themselves incapable of your protection, to command them out of your ports, before it be too late, and those inconveniencies fall upon your majesty's kingdom, which otherwise cannot be prevented.
An instruction for colonel Blake and colonel Popham, or either of them.
Whereas we have given unto you and either of you certain instructions to go southward with the fleets under your charge, for prosecution of the service therein mentioned; and whereas it may so happen, as it will be necessary for you to continue abroad in attendance upon the same for a longer time than your victuals or other provisions are proportioned unto, or by any other accident may have need of some supplies beyond what you have along with you in moneys and credit; these are to require you, and you are hereby authorized, if you find it needful, to take up of any of the merchants or factors of this nation, in any place, where you think fit, or of any other that will give you credit, such sums of money, as you shall find necessary for your said occasions, at the best rates you can get the same; and shall give bills of exchange upon this council, with as much respite of payment after sight, as you can procure; and we shall take care your bills shall be accepted, and good and punctual payment made according to your agreement.
Whereas we have given you an instruction of the same date with this present, that if the necessity of the fleet require it, you should take up money for the supply thereof, as in the said instruction is directed; you are yet hereby required, notwithstanding the said instruction is indefinite and unlimited, not to take up by virtue of the said instruction, above the sum of ten thousand pounds, which we have thought fit to design for this service; and you are not to draw bills beyond that value, to the end that they may have acceptance and payment with reputation, as becomes the public engagement of this council.
To col. Popham.
By letters from Mr. Pett from aboard the Resolution in the Hope, [we learn] that all the work about her will be finished, so as she will be ready on Thursday next, if God sends a fit wind, to set sail for the Downs; and we have also sent unto you all instructions and letters sealed up, which are in Latin. You have copies open sent unto you, whereby you will see what they serve for, and what use you are to make of them. We have also sent you some instructions for taking up of moneys for any exigent that shall press you beyond the present provision you have. We know not any thing else on our parts to be done; and in regard the service, about which you are now employed, is of a nature, wherein both the safety of the fleet already abroad, and the honour of the commonwealth is so much concerned, we desire you to put all things with you into such a posture, as when the Resolution shall come to you, and wind serve, you may forthwith, without any delay, set sail for your voyage, and for the prosecution of your instructions.
An intercepted letter to prince Rupert.
Ly a s. magestade, que Deus guarde, a carta em que vossa serenidade lhe diz esta resoluto ase sa hir com o primeiro bom vento, e'que se por sua magestade nao' deter a armada do parlamento o tempo declarado na reposta de Amul de Lisle se perda a armada de s. magestade da Gram Bretanha serao' causa e terao' a culpa os ministros que a conselhao' a s. magestade.
E' mandarme s. magestade responder a vossa serenidade de que desde que aqui chegon a armada do parlamento andao' os ministros de s. magestade buscando e' conferin do meyos para a armada de vossa serenidade poder, sahir sem offensa e' actualmente se esta fazendo amais apertada de logencia, e'ntre tantotem s. magestade manda do diser a vossa serenidade esté com toda a qui etacao' porq' nao' sera offendido neste porto com o que mostra bem s. magestade quanto dezeja liurar de perigo as pessoas do vossa serenidade e' do Sor principe Mauricio eaar mada de s. magestade da Gram Bretanha; e' se vossa serenidade apezar desta se guranca eda conveniencia que se pode alcansar se quizer arriscar aty ao Sor principe Mauriçio e'a armada que tem a sua conta, bem claro se ve que nao' sao' nisso culpados os ministros de s. magestade decujo procedimento, e' dos que tiverao' os de vossa serenidade em quanto aqui assistirao' mandara e'l rey informar a sua magestade da Gram Bretanha.
E' lembresse vossa serenidade que este aperto emque deprezente se a armada de s. magestade da Gram Bretanha naceo de vossa serenidade senao' sahir deste porto com os auisos que s. magestade muito anticipadamente estando ajnda deuagar nos portos de Inglaterra a armada inimiga mandon fazer a vossa serenidade. Dios guarde a vossa serenidade muitos annos. Do Paco 7 de Mayo de 1650.
His majestie haveing received the propositiones following from the commissioners of the kingdome of Scotland:
Wee (fn. 1) that your majestie shall sweare, subscribe, and seall the nationall covenant of Scotland, and the solemne league and covenant of Scotland, England, and Irland, in the words following to be subjoyned to boith:
I Charles, king of Great Britane, France, and Irlande, doe assure and declare by my solemne oath, in the presence of the almightie God the searcher of hearts, my allowance and approbatioune of the nationall covenant, and of the solemne league and covenant abovewritten; and faithfullie oblige myself to prosecut the ends thereof in my station and calling; and that I for myself and successores shall consent and aggree to all actes of parliament enjoyning the nationall covenant and the solemne league and covenant, and fullie establishing presbiterall government, the directorie of worshipe, confession of faith, and catechismes, in the kingdome of Scotland, as they ar approven be the generall assemblie of this kirk and parliament of this kingdome; and that I shall give my royall assent to acts of parliament, bills, ordinances past or to be past in the houses of parliament, enjoyning the same in the rest of my dominions; and that I shall observe these in my owne practise and familie, and shall never mack opposition to any of these, or endeavour any change thereof:
His majestie doeth consent to this whole proposition in terminis; and for performance thereof his majestie doeth declare in verbo principis, that so soon as he sal be desyred by the parliament and the generall assemblie, or by ther commissioners, he shall solemnlie swear, subscribe, and seale the nationall covenant of Scotland, and the solemne league and covenant of Scotland, England, and Irlande, in the words preceiding, subjoyned to both.
Wee desire that your majestie wold acknowledge the authoritie of this and the former parliaments, that hes bein since the tym your royall father or his commissioners wer present therin; and that your majestie give such ane allowance of the acts made in this and the thrie last imediatlie preceiding sessiones of this current parliament since the fourth of January 1649, as your majesties royall father gave in 1641, unto the acts maid in the sessione of parliament 11th June 1640; and that your majestie wold consent and agrie, that all matters civill wold be determined by this and the subsequent parliaments of this kingdome; and such as ar or shal be authorized by them, and maters ecclesiastical by the ensewing assemblies of this kirk, and such as ar or shal be authorized by them:
Wee desyre, that your majestie wold recall and disclame all commissions ishued furth for acting any thing by sea or land to the prejudice of the covenant, or of this kingdome; or of any, who doe or shall adhere to the solemne league and covenant, and to monarchall government, in any other of your majesties dominions, and all other declarationes maid by any in your majesties name or by your warrand against the samen; and further, that your majestie wold disallow, and disclame or declare null and voyd all treaties or agriements whatsoever with the bloodie rebells in Irland; and to declare that your majestie wold never allow nor permitte any libertie of the popish religione in Irlande, or any uther part of your majesties dominions:
Wee desire, that your majestie wold be resolved to sweare at your coronatioune by and attour the oath of the covenants aforsaid, the oaths appoynted by the 8th act of the first parliament of your royall grandfather king James VI. and ratified therefter by manie acts, and insert in the nationall covenant, to be sworne by all kings and princes of Scotland at ther coronatioun; and that your majestie wold then declare, that yow will in maters civill fallow the counsell of your parliaments, and such as ar or shall be authorized by them; and in matters ecclesiasticall by the counsell of the generall assemblie, and such as ar or shall be authorized by them:
Mr. George Fisher to the council of state.
May it please your honours,
You have formerly had advise of Mr. Ascham's recovery; and his dispatch from Puerto de Sta Maria neer Cadiz, and the security given him by the duke de Medina Celi, for his safe arrivall to this court, to treate with this king concerninge the busines, for which he was sent; and alsoe to retourne in safety, in case he were not receaved. These are to advertise you what hath hapned since; and though exceeding sorry I am to be the relator of soe sad an accident, yet I cannot, neyther ought I to omitt it. Please therefore to take notice, that the 5th current, about 8 of the clock at night, wee came to Madrid, and, for want of better accomodation, were lodged in an ordinary house of posadas or lodgings, with intention the next day to seek out a place more convenient and more secure; to which purpose the next morn at about 12 of the clock (having been imployed all the morn before in other busines) I went to seek a house, leaving Mr. Ascham and Sr Riba at dinner, and Tho. Griffin the footman waiting on them. A lodging very handsome and secure I mett with, gave earnest, and retourned with intention instantly to leave the former, and carry away our goods; but being retourned, I remayned astonished at the unexpected newes of the death, both of Mr. Ascham and his interpreter. Thomas Griffin aforesaid (who only was present at the action) relateth it thus: viz. six men (some habited as souldiers, others as cittyzens) came up staires, and knocking only at the doore, where they were at dinner, came in: at their entry they saluted Mr. Ascham (but said nothing) with cap in hand, and approached the table; wherupon he rose from the table, went to meet and salute them alsoe, supposing them to be freindes, and only come there to visitt and welcome him to Madrid. But contrary to his expectation, the foremost of them and neerest to Mr. Ascham, in the very salutation, took him by the haire, and strook him into the head with a stilletta. Sr Riba alsoe endeavouring an escape, received a thrust in his belly; with which wounds both the one and the other immediately dyed. Present dilligence was made to finde out the murderers, and five of them being retired to a church, were taken out and imprisoned; on which the king hath advised mee by his secretary of state, he will execute exemplary punishment, prosessing extreame sorrow for the accident, and great willingnes to treate with the parliament, making search alsoe to find out the setters on of this soe bloudy an action. The collonell, that came with us for convoy, is alsoe imprisoned, for leaving our company before wee were better secured. Order is taken for the buriall of Sr Riba as a Roman Catholique, and Mr. Ascham shall be interred in the house where he was slayne, and decently layed up in a coffin, which is the method, that is used to all embassadors or agents dying here, and not being of the same religion. I am att present in a knight's house of quallity, where I am secure, and expresse order from the king, that I should be treated with all respect and care of my person, as if I were the resident himselfe. Don Ger. de la Torre, secretary of state, asked me, in the name of the king his master, if I had power to prosecute the treaty in behalfe of the parliament, and instead of Mr. Ascham; and I answered, I had not; but that I would goe my selfe home presently with the advise, or stay here, and expect the parliament's order, which of the two his majestie should think fitt. Whereupon he receaved order from the king, to desire my stay here, untill I heard from the parliament. Three expresses are to be sent three severall wayes, both by sea and land, for the more certaine conveyghance of the advise, and by all three I write you, and humbly desire you to order how I shall dispose of my selfe, and what I shall conclude with the king, for the preservation of peace between both nations, the continuation of trade, the prohibiting of any English prises to be sold in any ports of this king's dominions, and if brought in, to be seized on for the owners; and finally an absolute reception and sole acknowledgement of what embassadour the parliament may hereafter send, and an utter rejection of Cottington, as not having power, authority, or any the least interest in England, Wales, Ireland, or any the dominions thereunto belonging. All which I suppose will be easily graunted, if the parliament will make a league offensive and defensive with this king, which is the only message he expects from them; and without which nothing will be done in this court to the parliament's satisfaction. The zeale, wherewith I serve them, forceth the declaration of my opinion, wherin if I have erred, I humbly crave excuse. Retourning to the former discourse, I must by noe means omitt to advise you the civillity and extraordinary courtesie of the king, and all whom he employed in this business; the care had in preserving our goods, which else had been all lost; the order he gave for the delivery of all into my hands without looking into any papers; the great care he hath taken for the security of my person; and finally the great griefe he hath expressed by his secretary for this sad accident, professing how earnestly and with what servency he desires treaty with the parliament, promising that they shall receave all satisfaction, although the deed already past cannot be remedied. I know not what are Cottington's pretences in this court, but I suppose as yet he hath not receaved any satisfaction. Hyde is heere alsoe, and Fanshaw for agent. Noe news of the fleet at Lisbon. God graunt them good successe. A multitude of people (as the custome is here in such cases) as soon as the murther was committed, entred into the house, and some things are missing, which were stole away, before the justice could come. What remaynes (as well money as goods) shall bee delivered unto me, and an inventory taken, whereby Mr. Ascham's freinds shall rest satisfyed for the matter of what he left behind him. If I want money, I will endeavour to valew my selfe on the bill of exchange Mr. Ascham brought with him. This goes under cover of Don Alonso de Cardenas, the Spanish ambassador, who (if you please) will alsoe conveigh me your answer. My death in particular was threatned, and by some who were my familiar acquaintance. The action is proved against all five, and he that killed Mr. Ascham (according to the testimony of Thomas Griffin his man) is one captain Williams; he that killed Sr Riba, is thought to be one Mr. Sparkes, Mr. William Pawley's book-keeper, formerly an university man, and a captain in the late king's army. These two were both my acquaintance, when I was last at Madrid; the other three I know not. If my coming home be ordered, I suppose then a frigatt from Lisbon to Cales to meet me may very well come without prejudicing that designe; for by way of France I feare I am not safe. Those that committed that horrid murder abovesaid, would have took refuge in the Venetian embassadour's house; but he (knowing the villany they had done) would not receave them. Both Mr. Ascham and Sr Riba are interred in manner as above mentioned. The king's secretary of state doth now send for my letters. What more passeth in this busines, my next shall advise you. In the meane time I leave you, and commit your counsells to the protection and direction of the Almighty, humbly craving leave, and remayne
Madrid, 9th June 1650.
A relation of what hath been done in the cause concerning the death of the resident of England.
Concerning the criminal actions, which have vigorously proceeded by the licentiate don Fernando Altamirano, governor of the Cassa and court of his majesty, before Lewis de Rossa and Thomas de Valasco the king's notaries, named for the hall against those, that are charged with the death of Anthony Ascham Englishman, and John Baptista de Rivas Genoese. It is declared:
That on the 17th day of the month of May last past, there arrived from the city of Puerto de Sta Maria, Anthony Ascham, John Baptista de Rivas, don George Fisher, and Thomas Griffin, and in the company of the maestro de campo, don Diego de Moreda; to whom the duke de Medina Celi had given them in charge, that he should conduct them, and take care of their safety and entertainment, and in the company of two captains, who went to assist him, and for their safety. They came to this court on Sunday the 5th of this month, and don Diego de Moreda lodged them in an inn, which is in the street del Cavallero de Grava, in the company of captain Villafuerte, and another ensign; and he himself went to another inn, by reason that there wanted in that inn accommodation to apply remedies to a great pain of the cholic, with a callenture and vomiting, wherewith he was then much troubled; forbearing to give notice of the agent's coming, to whom he was to have given it, 'till the next day, on which by reason of the continuance of his pains he could not give it until noon.
That on Monday the 6th current there visited the said Anthony Ascham certain Englishmen; and he being at dinner about one of the clock with Jo. Baptista de Rivas, there entred into the inn six men, by their countenance and habits strangers. They went up into his quarters, and entring into his chambers, killed them both, and coming with their swords drawn, fled in all haste towards the house of the ambassador of Venice.
That upon notice, which almost immediately the justice had, that there was happened a murther in the said inn, he went thither forthwith, and found stretch'd out and dead a man, whose name, quality, and profession he knew not then, in regard that the women, to whom the house belonged, knew him not. Thomas Griffin understood not Spanish, and don George Fisher was not within at that time; and to begin all diligent search and enquiry of the truth, he sent unto the notaries, that they should see, if he had any papers in his pocket, which might give light or knowledge of the person; and by one paper, which they found, the quality and the function of the person appearing, and the heinousness of the matter, he gave an account of what had happened, and of the circumstances, to the lord president of the council; and his lordship ordered, that he should go with all speed and care, and find out the delinquents, taking them at any peril wherever he found them: and he having notice, that they, who had committed the fact, were retired into the church of the hospital of St. Andrew, he broke open the doors thereabout, and entred into the church at the vestry, and found therein five men, strangers, with swords by their sides; and he requiring them to render themselves, they delivered up their arms, protesting in the Spanish tongue, not well pronounced, that they drew them violently out of the church, the immunity whereof they stood upon, and that they ought to have enjoyed it; for that having slain an enemy of God, and of their king and country, they had done an heroical and lawful action. But without suffering them to speak more, he carried them away himself to the king's prison, where they remained close prisoners in several lodgings or dungeons until three in the afternoon, having done the fact about one.
That the information being made out briefly by one eye-witness, and two immediately next to sight, with the extrajudicial of the parties themselves, their acknowledgment, and the notorious manifestation of the whole act, he took their confessions without prejudice of the immunity of the church, and with his protest; of which confessions this the result:
That by advertisement in a letter out of France, written by a servant, which resideth in the service of the dead king's son, they had understood, that to make a treaty of union and correspondence between the crown of Spain and the commonwealth of England, there was to come shortly to this court a minister of the parliament; and that he, who was named for this service, was one of those, who had excited with might and main the sentence of death, which was executed upon the king of England, and was one, who much persecuted the catholic Roman religion, was author of declarations and books for the persecution of those, which professed that religion, and was of a disposition schismatical, and given to innovation; and that with great intention he persuaded reasons of state to the commonwealth of England, to continue the deposal of the dead king's son; concerning which he printed books, justifying that attempt and resolution, which the parliament took concerning the king's death, using in his expressions words very well considered and advised.
That being moved with just grief for the ruin of their countrey, the death of their dead king, the usurpation of the kingdom, which belongs to his son, lifted up with a zeal befiting noblemen and loyal vassals, they were inflamed with a desire of revenge upon that minister, which came, as on a person, which with greatest boldness had cooperated in the actions above rehearsed; and having understood by his own servants, and by intelligences, that this minister was come to this court; and having got knowledge of the house, where he lodged, these five, which are taken, and another, which is not yet found, confederated themselves; whose names, country, quality, age, and condition are as followeth:
All the five abovenamed soldiers and officers in the armies of the king of England, which being sworn to unite themselves, and assist one another, in such manner as by any means and with any danger to slay the minister, although they perished in the attempt, without parting from one another, did order the form and manner of executing the same in such fort, as going all together to the house, they should enter, the two first of them, that place, where the resident remained, either alone or accompanied, and should kill him; and the second two should stand watching at the chamber door, for any thing that might happen; and the two last should stand at the street-door, to hinder entrance, and to make good their coming forth.
That in conformity to this the two first entred the chamber, and found the resident at dinner in company of another, which sat at the table, who was John Baptista, and Thomas Griffin, who waited; and they said, Gallants, gallants, welcome; and the resident rose up to salute them; but perceiving instantly his danger, drew out a small pistol, and don John Guillim coming forward, with one hand laid hold on the resident's arm, wherewith he held the pistol, and with the other gave him a stab in the breast.
That he, who sate at table, rose up to fly into another chamber, and the other two, which stood in watch, judging that he went to fetch his arms, hasted after him, and gave him four wounds, of which he died presently. And this done, they joined themselves with the other two, which were come up at the noise, which the women of the house made; and all six of them together, with their swords drawn, went to the house of the Venetian embassador, where they were not admitted; and having parted from don Henry, the five retired to that place, where they were taken; attesting all of them, who confessed what hath been related, that their intention was to kill the resident only, and that the death of him, who sat at meat with him, was occasioned by the stir he made, which in the apprehension of those, who killed him, was in order to hinder and offend them; and that to the other, who stirred not, they did no harm, neither had they done it to John Baptista, if he had sat still.
A charge was drawn up of these results in brief, and of their own confessions; and the fact was charged upon them, and writing hitherto the causes with what speed might be at the end of six hours, which began to run on Wednesday the eighth of this instant at five in the morning, with what they denied, and their whole charge.
On the tenth the minors have required restitution, which was granted for half the space allowed for proofs. The witnesses have ratified, and the guilty themselves as witnesses one against another; the cause will be concluded to morrow, which is the 11th, the space of the whole day. On Monday will be definitive sentence, as far as is notified: censures will be in case of innovation by the ecclesiastical judge, and by the judge of the chapel royal, of whose territory that church is whence they were taken; and this incident may cause so . . . . The malefactors are in their close imprisonment . . . . . . permitted to see or speak with, except their sollicitor and advocates, in presence of the judge of the cause or of the keeper of the prison, who himself brings them their meat. There hath been a copy given them of the proofs twice, and they have it now to instruct them for a defence. The business is carried on with that attention and severity, which the importance of it requires; and in all the results there is no matter of discovery, which needs a judicial enquiry concerning more of the accomplices, except don Henry, who is sought for with all diligence; and if he appears not, it will be proceeded and determined against him in conformity to the laws and judicial proceedings.
Mr. Fisher to the council of state.
May it please your honours,
My last of the 9th current was sent three severall wayes adviseing the sad accident of Mr. Ascham's death and of his interpreter. Since little hath passed worthy your notice, the delinquents not being yet sentenced. And although the king presseth hard their execution, yet the inquisition endeavours their retourne to the church, out of which they were taken: my next shall advise yow the successe. The parliament noe doubt hath encouragement from the king's secretary don Ger. de la Torre, to send another resident, who, if he come as a private person, and not publickly knowne, neyther in England, nor to any of the king's party here, he may very well negotiate and in safety; but if knowne, he is not safe one houre; for the murderers of Mr. Ascham glory in their villany, and each of them contend to be reputed his executioner, professing that they would have done it in the king's own presence, if better opertunity had not presented. I dare not stirre out of doores, soe many English, Irish, and Scotch discontented persones are in this city, and those soe desperate and resolute, that they valew not their owne lives, so they may mischiefe any one, that belongs or hath relation to the parliament, who is equally hatefull to the Spaniards as to the others; soe that I am faine to hold my tongue, when I would and have occasion to speake. And for my owne security, I hope the parliament will not be offended, if in such cases I have patience, assuring them, that nothing shall redound to their prejudice, but that in all things I will be faythfull and dilligent, although with all the secrecy that possible I can. If the parliament shall order me to treate concerning any thing with the king, for the mantenance of peace betwixt them, untill a longer and safer treaty may be had, I question not but to performe and comply with their commands. I humbly request all secrecy in this business may be used, for my lord Cottington hath many spies. Mr. Marston (who formerly was willing to afford his assistance) doth now deny itt, not daring to doe otherwise upon perill of his life; soe that I am left to my selfe. God direct for the best. I understand there was a bill of exchange for Mr. Ascham drawne on sir Benjamin Wright, which he would not accept; soe Mr. Marston sent both bill and letter backe againe. Noe letter hath yet been received from England for Mr. Ascham, only Mr. Marston tells me, he hath one from Mr. Boome, which he hath promised to shew me. I must needs againe advise you, how heavily the king doth resent Mr. Ascham's death, who the same day he was killed, was to have a guard sent him by his majestie's special commaund. In short, the businesses here are soe, that the king earnestly desires treaty with the parliament, expecting (I suppose) some great offer from them. The Spanish subjects will not (nor dare not) molest any sent for that purpose, although inwardly they hate them; but the male-contents that are here are numerous, and desperately revengefull. Your honours are wife, and know what you are to doe, farre beyond what I can advise yow. In the meane time, I beseech you, to believe what I write as a reallity and truth, not to daunt any from coming, but in sincerity (as I am bound) to acquaint you the danger, that such person is in. Pray let not my letter be printed, for itt may cost mee my life. I have not else at present; soe committ you to the Almighty's protection, and rest
Madrid, 15 June, 1650. [N.S.]
Mr. Fisher to the council of state.
May it please your honours,
Since my last I have little worthy your notice to advise you, sentence having not yet passed upon Mr. Ascham's bloudy murtherers, who still glory in their villany, and say, that nothing troubles them but my being then absent, and that they sent me not to the — with the rest. I earnestly expect the parliament's resolution concerning my going or staying; and although my departure would be of the two most safe, yet I resolve (altho' with apparent danger of my life) to comply with their commaunds, if they shall order my abode. The bill of exchange Mr. Ascham brought with him (he being dead) will not be accepted; soe that unless your honours procure me creditt, I have neyther money to stay here, nor to depart hence. As before advised you, foe I now confirme that the Spaniards (tho generally haters of the parliament) yet dare not shew itt, out of regard to their king, who is éxtteame desireous to be at peace and friends to the parliament; foe that whoever comes from them, will be welcome to all, but only the malecontents of England, Scotland, and Ireland, who are here in aboundance, and those (beyond imagination) extreamly resolute and desperate. I am still a prisoner with two guards for the safety of my person, not dar- ing to stirre out of doores; neyther have I any friend in towne, except Mr. Marston, who dare not visit me upon peril of his life. By what I have and doe write you, I hope you know how businesses stand here for your better government. God direct you as he fees best. Thus wishing your honours present and future felicity, I reft
Madrid, 21 June, st. n. 1650.
Mr. Fisher to the council of state.
May it please your honours,
THIS week nothing hath presented worthy your advise, the execution of Mr. Ascham's murtherers being still deferred, and the ecclesiastical partie pleading strongly for them the priviledge of the church; foe that, as yet, I cannot judge how things will goe; only this, that doubtlesse the king will give the parliament satisfaction, according to his promise. Noe bill of exchange for Mr. Ascham (he being dead) will be accepted; foe I humbly desire your honours to provide for my occasions, for I have not foe much money as will carry me home, if you should foe order; yet, in case of necessity, I hope to procure sufficient for that purpose, eyther by freinds or the king's speciall command. I am still a prisoner, and glad to be foe, foe I may be fate; longing to have the parliament's order concerning my disposall, being resolved in all things to mew myselfe theirs and
Madrid, the 29th June, 1650. [N. S.]