A Collection of the State Papers of John Thurloe, Volume 3, December 1654 - August 1655. Originally published by Fletcher Gyles, London, 1742.
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April (4 of 6)
Mr. N. Manton to secretary Thurloe.
Vol. xxv. p. 421.
I am credibly informed, that John Kinsey, a chirurgeon, one of the persons condemned at Salisbury for the late insurrection there, was a person merely drawn by one Mason a desperate fellow, and knew nothing of the designe more than to ride 50 miles with the said Mason; and that had hee not confest and pleaded guilty, hee had not been condemned. If you shall judg it meet to speake to his highnes for a repreive for such a person, I pray it of you, and remaine, sir,
London, April 15, 1655.
Your obliged kinsman to serve you,
Mr. William Eyre to mr. Philip Edes.
Vol. xxv. p. 426.
Good Mr. Edes,
I should not have troubled you at this time, nor upon this occasion, but that I conceive there is an obligation lying on mee. There is one mr. Mack of this city, who stands condemned for being in the late rebellion; he went forth som while after the rest, had noe hand in the mutinies acted in this towne, as in taking away horses, surprising the sheriffe, judges, &c. hee was in company with the rebells but three houres, and then return'd; hee made known his returne to me and mr. Huly, discovered the weaknes and confusion of the enemy, which was a very great refreshing to honest men, that before were much sadded, and under great feares. Wee gave notice thereof unto the judges then in towne, and by their approbation, sent him up to my lord. He acknowleged his offence, confess'd all that hee knew of the matter, and receiv'd his highnes gracious protection both of person and goods. And truly I am perswaded, hee is as worthy of mercy as any one in the company; but since, upon a grudge the sheriff hath conceived against him, hee hath caused his brother, col. Gravenor, to incense his highnes against him, as is conceived, as if hee had not revealed all that hee knowes; and thereupon (notwithstanding his highnes former favour) he was indicted and condemned. I have dealt with him in private, and truly I am fully perswaded, that hee hath dealt ingenuously, and confess'd all that hee knowes. I have great hopes of his true remorse, nor can I learne, that the sheriff hath any other ground for his bitternes against him, but for that hee did not make use of him as a mediator to the lord protector, and for that he made a discovery of som arms to mr. Huly, and not to the sherriff. Now 'tis a sad thing, that a man's life should bee sacrifised to a man's spleen and malice. I was informed, that the atturney generall (though hee were for the protector and commonwealth) told the sherriff, that mr. Mack had not been brought to tryall, had it not been for him. The poor man offers, that if one syllable can bee prooved more then hee confessed to the lord protector, hee is willing to dye the worst of deaths. I professe, I would not speak in his behalfe, did I not believe, that the man hath dealt ingenuously; and truly I and divers other honest men are sadded about him, because hee is prosecuted upon noe better account. The cavaleers rejoyce at his misery, because hee was the first that discouraged their party. I suppose it will bee but of bad consequence for the future, if the like occasion should happen, if they, that submit first, and deal most ingenuously, shall fare as bad as any, and worse then most, yea, then those that have done ten times more. 'Tis the way to make men desperate. I pray doe what lyes in you to further our brother Hulye's undertakings in this most righteous suit. I will not use more arguments. I am perswaded you are a lover of righteousnes, and hate such practizes, whereby justice is made subservient to men's passions. I commend you heartily to the Lord, and remayne
Sarum, April 15, 1655.
Your most affectionate freind,
To his much esteemed freind, mr. Philip Edes,
at his lodgings in Whitehall.
Bordeaux, the French embassador in England, to his father.
Vol. xxv. p. 363.
I have received your letter of the 21st. It doth declare, that his eminence doth expect the return of the messenger with impatience, to know the effect of the letter. At present there is some likelihood of accommodation; but it is not easy to know when the lord protector will be in humour to conclude it. I have not advanced any thing these two days, the one being yesterday, and to day the secretary went to take the air, and my commissioner took physick, so that no resolution is taken. I prest the first this morning as much as was possible before he went; he gave me a great deal of hope I should have satisfaction given me, laying the delay upon this, that the protector could not get his council together to examine the difficulty, which doth depend upon one word, but in effect, they will spin out some days, and it is not easy to avoid it, unless one will be gone without taking leave. I am resolved not to lose a moment, and you may assure the earl of Brienne, or his eminence, if you see them, que comme presentement il ne s'agist plus de surmonter aucune difficulté, la conclusion ou mon depart ne tireront plus en longeur. I have troubled myself to penetrate into the motives of these delays, and hitherto there hath not appeared any thing considerable nor certain. Some think, that the protector doth think to crown himself, and would forbear to conclude, to the end, that France should be obliged to acknowledge him; but this design doth not yet appear. Others say, that they expect the coming of an embassador extraordinary from Spain, who hath threatened to pass the sea for these six months, and now they say he is embarked. But it may be all this may be forged and have nothing of truth in it, and that these reports are only sowed to make men believe his voyage, which is said to be deferred, till that they hear from the fleet of Penn. I have formerly writ, that the protector hath not received any tidings, unless it were by that vessel of Diepe, whereof you writ me word to day. We know less of it than you do, but every one doth believe, that it is gone for Mexico; and I saw this night a merchant who is to undertake to carry refreshments; he saith, that the state doth treat with him to make that voyage. Here is no other news, but that some, that rose lately for the king, are condemned to die; others say (which I am told of a certain) that the jury would not find those guilty, who were brought before them.
London, April 26, 1655. [N. S.]
Alderman Tichborn to secretary Thurloe.
Vol. xxv. p. 433.
By reason of my attendance this day on the lord maior, I am necessitated to writt; otherwise should personally a waited on you, to have intreated your favor in the behalfe of on John Kansey, whoe is on his own confession condemned at Saulisborrow to die for treason. I should not move in his behalfe, but that I am credibly informed, hee is an object fitt for his highnes his mercy, his case beeinge thus. Hee was betrayed by a friend to goe with him, not knoweinge whether, into the late risinge, and soe soone as hee discovered what it was, made his escape from them with the hassard of his life; and of his beeinge there had no other accusor but himselfe. Upon theise considerations, I thinck it not unsuteable to present him to your honor, desiringe you would improve your intrest with his highnes for a repreeve, untill his highnes may have forther information from the judges at theire retourne. If it bee otherwise then my information, I shall not interseade; but if this matter of fact be true, I thinck his highnes will not have a fitter objecte for his mercy. Your favor to him in this shall bee acknowledged by
London, Aprill this 16th day of, 1655.
Your honor's reall friend and servant,
Mr. James Nutley to secretary Thurloe.
Vol. xxv. p. 437.
Maie it please you, sir,
I came from Sarum to Exceter this morning, the judges intending to bee here to morrow. Since my comeing hither, I have spoken with the high sheriffe of this county, whome I finde very active in this service. Hee told mee, that on fryday night last, after Penruddocke came into the prison, the prisoners had agreed together to make an escape, and to breake through the guards that night; but hee, by the tymely intelligence given to him, doubled the guards, and prevented that designe. I have spoken with severall persons since I came to towne, who are fit to bee used as witnesses, and doe believe the evidence wil be cleare against them here. I suppose mr. sergeant Glynne will give the charge here, and manadge the bussinesse in the court, which may very much advantage the service. It might have been manadged better at Salisbury. Mr. attorney generall intends to lodge here at one mr. Snowe's house, an alderman of this city. I lodge at one mr. Westlake's house, the town clerke of Exceter, who tooke diverse examinations of the prisoners and witnesses, and is very usefull in the service. If Harrison or Turner come hither, I shall be carefull to observe their actions, and to give your honor speedy notice of it. The high sheriffe also tells mee, that one Bennet a prisoner told him, that Penruddocke and the rest of the prisonors had agreed together to stand mute, and not to acknowledge the jurisdiction. Sir, the post hastens, which makes mee thus hastily scrible. Begging your honor's pardon, I humbly rest
Exceter, April 16,
Your honor's most humble
and obedient servant,
A letter of intelligence from mr. Manning.
Antwerp, April 26, 1655. [N. S.]
Vol. xxv. p. 371.
I Received your's the 16th instant, with the bill for 150 l. and the other paper. All yours are come safely to my hands, as I hope mine are to yours. Sir, your punctuall dealing with me hath clearly confirmed the good report the world hath of you; and, sir, you may rely on having your business done, according as you shall order me; which I expect by the next, full directions in the same cipher I here send you; which realy, sir, not being well att this present, is not so full, I doubt, as I could wishe; but what there may want, as you direct, I shall make good in the next; and for the future, lett your letters, that you send about this business, be addressed as I have directed; for before yours come, I shall be att Collen. C. S. being there. I have writ about the commodities, and still wholy bend myself to that trade, according to your former advise.
C. S. ca me to Collen so nd ay last. Hide is at B re da yet ma ny are there. Sir, I pray excuse me this post, being of my ill disposition, and assure yourself, you have none more cordialy yours, then
Sir, your fathfull servant,
Let your Cover be to mr. Henry May, att mr. Twiddie's house in the Ew de Strote tot Antwerpen.
Your orders, for mr. Andrew Burton, att Antwerpen; for mr. Zachary Johnson, att Mecklin; or, for mr. Humfrey Gregson, att Berghen Op some.
I pray lett me have the diurnalls, when you write; and be very carefull in, &c. as I formerly wrott. Sir, I pray send mee word, whether mr. An. Miller received my letter.
The marquess de Leda is now very busily preparing att Bruxelles for his journy into England, as embassador from these countreys. They seeme all much startled, to here that generall Penn hath landed men att Cuba nere the Havan, which gives tokens of a warre intended against Spaine. There is a suddeine alteration amongst all; for the post before a warre between England and France was with much joy in every bodie's mouth, but now the cleere contrary feared; and amongst the governors here, there is much dissention. The arch-duke, or rather Fuenseldane, hath clapt up into the castell the audiencier of these countryes, as also Montecuculi, governor of Armentires, where a revolt was very nere lately by Irishe, who dayly run in to the French in considerable numbers. Don Pedro—lieutenant generall of the horse, is sent prisoner to Ghendt. The depth of these great plots noe man yett knoweth, that is not att the helme; but realy in all outward shew the French will gaine much this next campaigne.
Many are dayley apprehended.
For my worthy and much honoured freind, mr. Jeremiah Joselin, att London.
A letter of intelligence from mr. Manning.
Vol. xxv. p. 377.
I Received your's of the 13 old stile, in answer to mine from Berghen St. Winnocks, as I conceive, thoughe the date be mistaken. I could not then give you any better accompt, for I had not a quarter of an houres time there since. From this towne, by the last, I wrott more att large to mr. Joslin, which I question not but came to his hands. Sir, what I writt then, now, and before, being altogether summed up, I am sure is a large and true accompt of the management of your's and his merchandize. If by hast, or the tediousness of the language I wrott to him in, I have bin too concise in any particular, I leave itt to you or him to give me a hint in the same tongue, wherein I have bin soe, and I shall accordingly more amply explaine itt.
I am now for Collen. Lord Ge ra rd and Ma s si went this
da y, and all fa il ing, not th ing will se rve but the prot. s
m u rt her and prot. s do un fa l at co u rt, on
who all mis for t un s are put. Prince Ro be rt sent to but
you shall k now all on the re t u rn of the letter s. Ch. St. is
design d to meet the prince at In we rs, ab out fo u rt ee n
da ye s hence. Wilmot Armoror are all in Engl. yet mrs. P hi li ps
can give an ac co un t of Wilmot and most of the re s t
and end: I have w ri t for none can make so cl ea r di s
co veri es as they. Sir, those that knowe our dealings will not thinke much of
my writing thus huddywinked to you, for realy you cannot imagine the prejudice that hath
hapened to the detriment of trading, since that under pretence of your states opening of
our letters, many persones have assumed that liberty to themselves, only to make advantages of other men's industreys to theire owne benefitt. I send the inclosed to
mr. Miller, which, I pray, deliver him, and let me once more begg the favoure, that
you would cause your man every weeke to putt mee up a news booke, and thoughe I shall
now be more remote, yet be confident weekely of an accompt from me; and wherein I
can serve you, be pleased freely to dispose of him, who is, sir,
Your most humble servant,
Lett your address to me be constantly in a cover to mr. Henry May, att mr. Twiddie's house on the Ew de Strote in Antwerp, till you heare further.
At Bruxelles it is said, that Charles duke of Lorraine will for mony be sett at liberty, and that it is almost agreed, which, with the hopes of the new pope's making a peace between France and Spain, together with a kindness he hath to the nation of England, much encourages Ch. Stew.
For mr. John Browne, these, at London.
A letter of intelligence from mr. Manning.
Vol. xxv. p. 379.
Sir J. Harper, mr. Tretswill, mr. James Stanhope, and many others in the county of Derby were engaged: mr. Richard Nicholls, a servant of the duke of York and his agent now in Spain, can give an account of them.
The earls of Marlborough, Carlisle, Peterborough, lord Sands, and mr. H. Howard of Arundel, J. Russell knows to be engaged. The earles of Northumberland and Pembroke, lord Stanhope, O Neile hath tampered with.
E. Progere and H. Seymore know all; Denham useth to make his dispatches by doctor Morley at the Hague, and so to Ch. Stew. and Hyde.
The earl of Oxford, lord Willoughby, sir William Compton, sir R. Willis, when the storm is a little over, will seize Linn, Boston, or Yarmouth, and the Germans pr. Scott i did by Schonberg. The dukes of Newburg, Brandenburg, &c. intend to land there, and the duke of York with Irish, &c. In the West, for which they intend to lye quiet with their parties in the sea; and sir Ch. St. In Arundel of Cornwall consists most of the king's present hopes, for they are persons both of courage and conduct, who will and dare attempt upon you.
The duke of Buckingham is said to be now with the protector, which enrageth many against the protector, as the occasion of forceing him to it for want of bread.
Hyde has lately been sick; he thought all cock sure, and himself great as the cardinal; but now fears the loss of the king's favour, by which he hath lived better abroad, than ever he could at home; he is gone to the Hague, and so to Cologne.
Dr. Henchman, Hyde, and serjeant Hyde, in and near Salisbury, are Hyde's correspondents there, and know all in those parts.
A letter of intelligence.
De Valperouze, Avril 27, 1655. [N. S.]
Vol. xxv. p. 387.
Par le moyen du clergé Romain on adressé secretement une armée de cinq a six mille hommes, qui s'est jettée a l'un pour veue dans St. Jean, & la tour animée de la presence du sieur marquis de Pianezze, qui s'en estant saisi a esté incontinent renforcée non seulement de tous ceux d'entre nos voisins, qui pouvoient porter armes, mais de tout le Piedmont, qui adverti, qu'on nous donnoit au pillage, si est d'une fureur impetueuse, & notamment une infinité de hommes prisonniers, & autres criminels, croyans venir sauver leurs ames comme garnir leur bourse.
Encore n'a ce pas este assez; pour nous opprimer plus a l'aise on nous a fait courré sus, cinq ou six regiments de l'armée Françoise, outre les Irlandois, aux quels on dit, qu'on veut donner nostre pays, & des troupes, qui silent encore touts les jours sous pretexte de venir es Vallées prendre le quartier de Rinsisco.
Ce nombre innombrable d'hommes avec la lice du marquis de Pianesse animes par les moines, & conduits & acharnez par nos mauvais voisins, nous a surpris de tant de costez, & avec telle violence, & disons encore avec telle & si espouventable trahison, sur tout en Angrogne, Villar, & Boby, aux quels le dit sieur marquis avoit promis, que pourveu qu'ils logeassent seulement pour trois jours un regiment en chaque lieu ou communauté, ils n'auroient aucun mal, qu'en un moment toute esté en desarroy, & les pauvres habitans, apres quelques combats soustenus pour repousser les bouteseus de leur temples, contraints de s'en suir pour sauver femmes & ensants, non seulement ceux de la plaine, qui les avoient retirer au montagnes mesmes, qui se voient trahis & pris par derriere, mais on n'a peu user de telle diligence, que grand nombre des nostres n'a est attrappé en plusieurs lieus, & en d'autres comme Villar & Boby, reserré, sans pouvoit sauver leurs vies, les ennemis s'estants saisis du fort de Murebone, pour les empescher de passer; ainsi on en a fait un estrange massacre.
Il y a tel recoin, ou l'on a vilainement tormenté les 150 femmes & petits enfans, & puis leur a on elevé les testes, on a froisse les autres contre les rochers, & les prisonniers parvenus a l'usage de quinze ans & au dessus, qui n'ont point voulu consentir a aller a la messe, on les a pendu, mesmes clouez a des arbres les pieds en haut, & ils l'ont constamment enduré. Ceux de Morgue, on les a dit on emmené a Turin, comme un de nos pauvres freres monsieur Gros pasteur et partie de sa famille. Il ny a plus au Val Luzernebuten ny bestail: ce qu'on a sauvé est peu, & les enemis ont fourni diverses villes du Piedmont du reste. Pour les meubles tout est aussy perdu, puis qu'il y a des communautés entieres, sur tout St. Jean & la Tour, ou l'on n'a baillé une seule maison, qui s'ait passé par le feu aussy bien que leur temples, & le feu mesnage par un moin Franciscain reformé & un prestre. Parmy ces desolations, la mere a perdu l'enfant, le mari la femme les plus riches sont a l'aumosne, & sont dans les sanglots, & d'autant plus esloignes d'avoir quelque consolation, qu'estant demeurees quelques eglises en Valperouze & St. Martin azile aux persecutes, aujourdhuy elles ont commandement de deshabiter toutes promptement sous peine de la vie. Celles qui sont sur les service de S. A. R. & n'ont autre remede, que de vuider pais, quoy que s'en fait, nos belles florissantes & anciennes eglises sont perdues sans resource, si Dieu ne fait merveille pour elles. Leurs temps est venu; nostre mesure estoit comble; mais ayez pitie des ruines de Jerusalem, & gemisses pour la froissure du pauvre Joseph; mais sur toutayez de compassion reelle, ouvrans vos entrailles a des milliers de personnes reduittes a l'aumosne pour vouloir l'agreer par tout ou il y a.
Sir Thomas Widdrington to secretary Thurloe.
Vol. xxv. p. 455.
I Received a letter last night from mr. Hewley a lawyer, who lives att York, who writes to me, that he is named a commissioner in the oyer and terminer shortly to be sitt upon at York; and that he hath alsoe received a letter from yow, to be of counsell with his highnes the lord protector against the prisoners; but thinks he cannot performe the latter, because he is named a commissioner. I thought it my duty to give you advertisement hereof, that in cafe mr. Hewleye's acting as an advocate herein be thought necessary, then he may be putt out of the commission; or if that be not deemed fitting, that then some other be appointed to performe that part of an advocate, which was intended to be done by him. I write this, least the service might suffer any prejudice upon this occasion, and remaine
April 17, 1655.
Sir, your very humble servant,
Mr. Strickland to secretary Thurloe.
Vol. xxv. p. 459.
Mr. solicitor and I mette at Grantham on the lord's day last, being the 15th instant; from thence we writ our letters to the judges and col. Lylbourne, to meet us this night, being the 17th instant, at Yorke; but contrary to our expectation, we found mr. justice Nudigate and serjeant Hutton at Doncaster on thire way to London, where they and we yet are, they not being willing to goe to Yorke 'til they speake with baron Thorpe, who is written to be heere forthwith, and seeme to hould opinions, which differ in the foundations; I mean about the ordinance for treason; and if I may be allowed to conjecture, they expect, that mr. barron Thorpe, will be of the same mind. I have spooke with the high sheriffe, who will have litell to doe in the business, all being within the county of the citye. I have done the best I can to possess the judges with the great concerne of the bussiness in hand, but the difficulty as yet seems incurable. Truly I am sorrie to find things in the posture I doe. I have yet no hopes, but to returne immediately from hence to London re infecta, for we cannot agree in principles. If baron Thorpe's coming hither to morrow and col. Lylbourne's produce any thing better, I shall be glad to alter my opinion; but the face of thinges are yet very ill, and I look for noe better. I will writ to none this post but your selfe, that you may impart it to his highness and my lord Lambert; and at my coming, which will be with the first, when I see noe more hopes, I will make out most fully, what now I doe but point at; that soe you may the better make a judgment of what we shall bring. My most humble duty and service to his highness, my best respects to your selfe. I am,
Doncaster, April 17, 1655.
12 at night.
Sir, your most faithfull
friend and servant,
Mr. W. Prideaux to secretary Thurloe.
Vol. xxv. p. 463.
The other, that goeth herewith, is a duplicate of my last. I have since that time received word from the chancellor Almas Iuanuick, that such answers as he will give me in writing, by the emperor's command, I shall have them when I have my order to go down to Archangel, and not before; neither have I answer to my letter written to the chancellor; which makes me continue in my first opinion, that they (and the emperor's letter I have already for his highness lord protector) will give little satisfaction to our demands made them; except the Pole get some advantage in the war against this people this ensuing summer: then the emperor may abate of his present pride. He hath carried with him two millions of dollars for the use of his army.
If it stand with his highness's likeing, that at Archangel I open the emperor's letter, to have it there turned into English by Thomas Bryan, the English merchant, that's here, and will be there at the mart, who is my confident, well versed in the Russe idiome, I believe he will do it better than any in London. This standing with his highnesse's pleasure, I must have your honor's commands by the ships the Muscovy company will send this year to Archangel, which will depart the Thames about the end of June.
The last year, the day that I arrived to Archangel (with permission of that government) I took a cook and scullion, Russes, and kept them 'till yesterday, that the chancellor sent to me to turn them off, he having such express order from the patriarch, and that they shall receive punishment for serving me; that the governor of Archangel could not give them permission to serve me, being he knew 'twas contrary to the emperor's order, published last year.
I have the house where I am for my prison (I term it so, being I have no permission to go forth of it) and this under the specious pretext, that the emperor is absent, and the city not governed now as it was when he was here, so that I might receive affronts and injuries by wicked persons, in going abroad.
The crown of Sweden's commissary (we do mutually visit one another by our gentlemen) hath sent unto me, to be excused, that he comes not himself in person to see me, which he would do, though his indisposition is such, that he cannot stand on his legs; but if he should come unto me, he fears there would arise some great inconvenience to him by it; so most humbly, and with all respective reverence, I take leave and remain.
Sent under cover to the Muscovy company.
Mosco, March 28, 1655.
The above written is a copy of my last. These will give your honor advertisment, that, at my departure from London, Robert Canning (a merchant and member of the Russia company) by this remembrance, requested me to procure payment of 760 rubbles (two rubbles is counted a pound sterling) that Vassilly Shorin, sen. (a Russ merchant) oweth him, by his bill, contracted, it should seeme, in Archangel in 1651. and payable in 1652. which bill, from that time 'til my arrival to this city, remained in the hands of one Valentine Daives, a Lieslander, and subject to the crown of Sweden, and then delaid me, according to Canning's order. Whilst the bill was in Daives's hands, he used all diligence possible that he could, as well in his own name, as being the creditor of Canning, as also his attorney; but in no ways could obtain payment, nor justice against Shorin. Some five or six days before the last departure of the emperor from this city, I sent to the chancellor, Almas Iuanuick, the copy of Shorin's bill, and desired justice to be done me of that sum, and cause payment to be made me, now Canning's attorney, and that if I could not for the present have the sum contained in the bill, at least I might have 400 rubbles, that I had contracted with Canning in England to receive of Daives, if he had received the contents of the bill from Shorin; and if not, then from himself: which sum of 400 rubbles was towards my charge in this journey, and for so much that I had paid Canning in England; but if Shorin did pay all the 760 rubbles, I would deliver him up his bill, and give him a final acquittance. I had for answer from the chancellor, that he could do nothing in the matter, until he had communicated it to the emperor. Whilst the emperor was here, I could have no other answer in this affair. But since his majesty's departure on the 28th of last month, I had from the chancellor, that Shorin should pay that bill of 760 rubbles out of 2000 rubbles he pretends to be creditor from other English merchants, and in particular from one Pye, that died some years before the debt due to Canning by Shorin was made.
Also the 28th of last month, about an hour after I had delivered my letters, that went by that conveyance that then departed, my prestave came with some men and order from the chancellor to fetch away my cook and scullion Russes (I had paid them the day before two shillings, that I was owing them for a full rest of their wages, and dismist them) and searching for them in my house, and not finding them, on that the soldiers of my guard, and others that came with the prestave, having notice, that they were in a little room that is adjoining to the yard of my house, and in my precincts, where they had hid themselves, were there found, and forthwith all carried to the Possesky office, and put in irons. As soon as they were there, the chancellor told them, they should not be burnt for serving me, but they should have the long lash (a terrible kind of whipping.) The prestave, which came with me from Archangel (who is now a writer in the office) was by the chancellor examined about them, who having referred, that they served me by permission of the vayvode of Archangel, had for answer, that the prestave and vayvode also might for it be treated as the prisoners were.
Present upon the cook and scullion's carrying away prisoners, I writ a billet to the chancellor (copy of it I send your honor herewith) and sent it by my servant, who delivered it into his own hands, the which John Hebden refused to translate into Russe, thereby thinking to more indear himself into the emperor's favour, and shew himself a faithful and devoted servant, pretending, that his imperial majesty was disrespected by the contents of it; but the chancellor commanded him to do it, telling him, that let it contain what it will, it was I that writ it, and not he; on which, he translated it, but whether right, or no, I know not.
The 29th ditto, the chancellor sent me the prime writer of the office, which I brought into my chamber. The first thing he said unto me was, that I seemed to be very melancholy. I told him, that I had occasion given me for it:
First, for that I had not permission to go over land by Riga, when I had his majesty's letter; and then also I might have had the answers in writing, that are promised me, and have then departed as well, and with as much security, as the duke of Courland's messenger, that departed hence the 18th of March, with his majesty's convoy.
Secondly, the chancellor denied me justice, to my just demand of the 400 rubbles from Shorin, in part of his bill due to Robert Canning, an English merchant.
Thirdly, my cook and scullion taken and made prisoners for serving me, and that solely at the instigation of my prestave; for that those poor men did not give him their wages that they had earned for some months (which they could not do) to buy him a coat, and a present he would have had from them on his name-day (a custom they have here, on their name-days they look to be presented from their kindred, friends, and those that may have occasion of them) and thus excesse used, though they served me with permission from the vayvode of Archangel.
I then demanded of him, if he had brought me answer to what I had written the chancellor; the answers in writing, that were promised me by his imperial majesty (for that the chancellor said, they were ready) and whether I had permission to go forth of doors, to visit a friend, and take the air, accompanied with the soldiers that I have for my guard. His reply was, that he had brought me no answer nor resolution to what I demanded, and that I had not permission to go forth of doors; but that he had brought me from the chancellor a present of a number of sables, that his imperial majesty (then he recited all his titles) did grace me with; and with that called in the servants that brought the present. I told him, that I was so dealt withall in those particulars, that I had narrated unto him, that I could not accept of his majesty's favour, nor any more of his allowance, but I would be at my own charges.
That when I had the answers in writing that are promised me, I would then resolve, whether I would accept of his majesty's grace, yea, or no; that it was the custom in other princes courts, when they did favour a publick minister with a present, it was given him at his departure, and not before, and that I was yet like to remain a prisoner some months longer than I had been already.
The true English approve of my proceedings, but it may be, not the English Russes, and that for their own interest.
It hath been told me, the intention was to have taken away the allowance I had from the emperor, present after the delivery of the present, if I had received it; but this I do not write of a certainty.
The prestave shews himself to be of a very base condition, being that for the time he waited on me (which was whilst the emperor was here, and three or four days after) I sent him fifteen dollars. Four bottles of strong waters I had given him before, which were worth four dollars more (esteemed to be a reward very sufficient) and yet this fellow came to me every other day, craving for more guists, which put me a little out of patience.
The second current in the morning, somthing betimes, Johannes de Rodes, the crown of Sweden's commissary, gave me a visit (he came at such a time to avoid that none of these ministers might come to the knowledge of it) and amongst the occurrences that we treated of, this was one that he told me; that the day I had my first audience of the emperor, as soon as I was dismissed the commissary had his, and that afternoon he went to Elia Danieliuich (the emperor's father-in-law) upon occasion of business with him, where, after their finishing of treating of affairs, you know, says he, that before you had audience of his imperial majesty, the English embassador had his, who as soon as he was come into the room, the emperor and all others had our hearts so great, that they were in our mouths; and it wanted but little he was not sent forth of our presence, for to see one come from a man, that cut off his king's head; but we did dissemble to hear him; but, says Elia to the commissary, as soon as you appeared before us, our hearts were settled, and visages composed with serenity, and our arms open to receive and welcome you. The commissary told me, he knows very well, that that was but an adulatory speech; that they wish noe better to his king and himself than they do to his highness lord protector and me; and if they grant us any favourable answer to our demands, it will be more for fear of us, than for any good will they bear us.
He is requested, by the merchant of Hamburgh, that trades into these parts by Archangel, that desires very earnestly to be informed particularly how I am entertained here; for that if it should not be to his highness lord protector's content, and the English merchants satisfaction, they of Hamburgh and Holland would think the commerce to Archangel would be interrupted by English ships of war. Moreover he told me, that his king would have ready this ensuing month of May near 40,000 men in arms, commanded by general Konningsmark, and to be the greatest part in Pomerland; but what the king his master's design is as yet, he knows not. That a great part of the levies are made voluntary at the particular charges of that king's subjects.
That extraordinary ambassadors were to be here this year from Sweden. He before certified me, that he knows for truth, that this emperor's patriarch, and generally all his majesty's counsellors do repent themselves for beginning the present war against the Pole, and would be glad of an accord with restitution of what he hath taken. That if the general Molosskaes Cossake should revolt from the emperor, and agree with the king of Poland, his imperial majesty would have the worst in this war, insomuch that this city, and a great part of the tract of the country would be sack'd, burnt, and ruinated, and this deemed inevitable. The cause of the war is chiefly, if not solely, about titles the emperor pretends from the king of Poland, which he will not give him.
Also the second current the chancellor caused the battawe (that is laid down on the ground, and beaten on the back and legs with staves) to be given my cook and scullion, and then let them go, with order not to serve me any more in Lent without any further distinction, whether he must serve me out of Lent.
The fourth current in the morning the chancellor sent me my prestave to tell me, that he had besought the patriarch, that the cook and scullion might return to serve me, but could not obtain permission; and I sent the chancellor answer by the prestave, that although the cook and his mate had permission to serve me, I would not accept of them, except they were sent me by his order, and brought me by the prestave or some other such man, with satisfaction for the affront done me, in taking them away as they were, and putting them in irons, and punishing them for serving me; and so much he should tell the chancellor from me.
The tenth current the chancellor sent me word, that I might go abroad and visit any person that I had desire to see; that the prohibitions that were formerly made me, was for respect and care they had for my person, that no hurt should come unto me; but who knows not, that this is an excuse to colour their incivility towards me?
The last week the Dutch merchants here received missives and the printed occurrences from Amsterdam, wherein is advertised from London of the 26th of February and 10th of March of great changes and removes in England; of a new conspiracy discovered against his highness the lord protector, that he is departed Whitehall with some regiments of soldiers into the city of London; the landing of the king of Scots in England, and many other advices of new sorts of religion, and of things tending to revolutions in the commonwealth; and of all is given information to these ministers. The English merchants here have received no letters at all out of England, nor have had any of a fresher date than the 10th of December.
Upon Easterday was with me again a gentleman of the governor of Archangel, who assured me for a verity, that his lord had certain advice, that the king of Sweden's levies of soldiers and preparatives for war, were designed against this emperor, and so much is written him by that government.
Two days past I was with the commissary of Sweden, when he told me, that he knew not certainly, whether it might be true, what the vayvode of Archangel had written this emperor touching the king of Sweden's design, but there is a great appearance of it. However that majesty's extraordinary ambassadors may be here before the end of the next month, and goe to the emperor at Smolensko, and then the certainty will be known.
The news we have from Smolensko is, that a great part of the provisions that have been sent from hence this last winter, have been intercepted and taken by the Poles, so that in that city there is a great want of all necessaries of food, both for men and horse. That the Pole is strong within ten or fifteen miles about that city, and from it and the emperor's other quarters thereabouts, they do not adventure to go forth but very strong, and yet ordinarily return with much loss of men.
Mosco, April 18, 1655.
Your honor's most humble servant,
Inclosed in the preceding.
I do by these give you to understand, that if my cooks would have given the wages they have received these five or six months to the man they here appointed my prestave, to have bought him a coat, they had remained with me; but since you have taken away them, you may the less keep back hereafter such allowance as I have hitherto had from the emperor, for I will have it no more, nor nothing else from his imperial majesty. And for the expences I have hitherto put his majesty unto, let it be deducted out of what he owes to our merchants, and it shall be allowed. I marvel, that so great a prince as his imperial majesty will serve himself for a gentleman of his house of a man of so base conditions as is the prestave that comes to me. I pray you, send him to me no more, for I will not speak with him; but any person else, whom you please.
From my prison, April 18, 1655.
Mr. James Wilson, the English consul at Cadiz, to the protector.
Laus Deo, Cadiz, Apriel 28, 1655. [N. S.]
In the possession of the right honourable Philip lord Hardwicke, lord high chancellor of Great-Britain.
May it please your highnesse,
Being one of the least of your servants, I conceived it my duty to advise your highness so eminent a peece of news, as is the losse of the admirall of the South Sea, called the Jesus and Mary, on the 18th of October last, neare cape Saint Ellens, in three degrees of south latitude. Before she suncke downeright, they brought her into foure sathome water, by which meanes all the plate will bee saved, beeing eight millions of peeces of eight. This hath so detained the gallones, that at present here is no seartainty, when they may be expected; and the rather in regard the feare of your fleete may deteine them. The king is now dispatching a small gallon and pinnace to command them to come away, his occasions not brookeing their stay. The gallon is to goe directly for the Havana, and to send away the pinance, when they are past the Carribby Islands, for Carthagene. In one of these ports gallones will bee, if not come away; until whose arrivall this commerce is at a stand, the sad efects of which will bee seene in all the exchanges in Christiandome, and in all princes courts, friends and consederates to the crowne of Spaine. It is to bee feared, the king this summer will bee able to put no army into the field, neither in Flanders, nor Catalonia, which before this beene swallowed up by the French, had not your highnesse fleete kept them from goeing to sea. How far these acts of providence may have influence on those greate afaires, which God is working by your hand, I dare not shute my boult further, then in prayers for your highnesse prosperity, and subscribe.
Laus Deo, Cadiz, the 20th of May, 1655. [N. S.]
The stay of the ship hath made my news something staile, but hath given mee opertunity to enlarge. This post from London hath wholy distracted this commerce, who were before without anny jealosies of a breach, all beeing raised and somented by our owne nation, this people beeing unwilling to heare or beleive any such thing.
Two daies since arrived here a small vessell from Santa Domingo in 60 daies. Not
anny news then of your fleete. If their attempt bee not on gallones or the Havana,
it will not bee so much resented, as to cause a quarrel, so far as may bee judged by the
dispositions of these people. And is all here ofers worth your highnesse obsearvance;
Your highnesse most humble servant,
A letter of intelligence from mr. Manning.
April 28, 1655. [N. S.]
Vol. xxv. p. 401.
Since my other, one captain Moyzin is gon hence to England, commissioned to receive six hundred pounds sterling, to buy ten horses for the marqusse of Newcastle, to be transported in several others names. What letters he may carry, I know not, but I thought fitt you should know this.
Mr. Upton I have sent by this post.
General Blake to secretary Thurloe.
Vol. xxv. p. 563.
My last unto you was from this place of 14 March, since which tyme I have not had any opportunity of sending unto you, by reason of our various motions, and the stopp which hath beene put uppon us in those places, where was noe meanes of conveyance by contrary and stormy winds, such as have scarcely been knowne in those parts. In that letter I gave you some accompt of what had past betweene us and those of Tunnis, refuseing to doe us any justice in order to my demands, according to the particular instructions I received to that purpose. Allsoe of our withdrawing from that place for a while, with an intention to returne thither, which wee did uppon the 18th of that moneth. After our arrivall wee found them more willful and untractable then before, adding to theyre obstinacy much insolence and contumely, denying us all commerce of civility, and hindering all others as much as they could from the same. These barbarous provocations did soe far worke uppon our spirits, that wee judg'd it necessary for the honor of the fleet, our nation, and religion, seeing they would not deale with us as friends, to make them seele us as enemyes; and it was thereupon resolved at a councell of warre, to endeavour the fireing theire ships in Porto Farino. The better to effect the same, wee drew off againe and sailed to Trapani (our occasions likewise agreeing thereunto) that soe they might be the more secure. After the stay of some dayes there, we set saile back for Porto Farino, where wee arrived the third instant in the afternoone, and mett againe at a councill of war, at which it was resolved by the permission of God, to put in execution our former intentions. Accordingly the next morning very early, wee entered with the fleet into the harbor, and anchored before their castles, the Lord being pleased to favour us with a gentle gale off the sea, which cast all the smoake upon them, and made our work the more easie; for after some houres dispute, we sett on fire all theire ships, which were in number nyne, and the same favourable gale still continueing wee retreated out againe into the road. Wee had twenty five men slayne, and about forty hurt, with very little other loss. It is also remarkable by us, that shortly after our getting forth, the wind and weather changed and continued very stormy for many dayes, soe that we could not have effected the busines, had not the Lord afforded that nick of tyme, in which it was done. And now, seeing it hath pleased God soe signally to justify us herein, I hope his highnes will not be offended at it, nor any who regard duely the honor of our nation, although I expect to heare of many complaints and clamors of interested men. I confesse, that in contemplation thereof, and some seeming ambiguity in my instructions (of which I gave you a hint in my last) I did a while much hesitate myselfe, and was ballanced in my thoughts, until the barbarous carriage of those pyrats did turne the scale. I have sent a perfect accompt of the whole busines unto sir Thomas Bendish at Constantinople, by the comander of the Merchant's Delight of London, which was then by providence in the road of Goletta. You will alsoe herewith receive copies of all the particular passages between us. Wee are even now setting sayle to go for Algier, that being the only place in the Straites, that can afford us a considerable supply of bread and fleshe, if they will; otherwise wee are likely to be brought into great necessity, being disappointed of the hope wee had out of England, according to an offer made us long ago by the commissioners at Whitehall. From Algier wee intend, if God enable us, to sayle to Mayorca, and from thence to range along the coast of Provence, to attend the French fleet in our way homeward, as long as our victualls will admitt, they now drawing very neare expiration. As touching the Neapolitan horses and mares, mr. Longland writes me, that they are at high and excessive rates; howbeit I have sent the Successe to Naples to attend there, for the transportation of them, in lieu of the Elias, which having in her a good quantity of beverage wine, and I hope some bread for the fleet, I have ordered to come to us at Mayorca. Sir, I have noe more at present to trouble you with, only desire you to present my humble service and duty to his highnes the lord protector. Recommending you to the Lord. I remayne
Aboard the George in Calary bay, the 18/28 April 1655.
Your very affectionate friend and servant,
These are informations I have had of late, soe that I have not yet had time to make a farther examination; but to morrow, or on monday at the farthest, God willing, it shall be don.
Vol. xxv. p. 427.
Mr. Giles Pawlet, who is now in London, hath reported, that he doth know enough by esquire Windam to ruine him and his father's whole family for ever; meaning concerning the late insurrection, or words against the lord protector. And mr. Roger Pawlett of Pildson can relate som of it, and doth know where his brother mr. Giles Pawlett is, which Giles said, he would acquaint the lord protector therewith. The informer is Thomas Hazzerd, who liveth near to sir Hugh Windam, and doth desire he may not be discovered, unles there be a necessity, for he sath, sir Hugh is such an envious man, there will be no liveing for him nere him; but he is confident the other will not deny it.
Mr. John Bryne of Bemester, who is the sole instrument of all the informations I have hitherto met withall, informes me, that about the middle of June there was a great feast at mr. John Stroud's of Parnham, where were the lord Pawlett and severall other strange gentlemen.
Mr. Anian, minister of Stoke Abbot, reported to mr. William Gudge of the same parrish, that parson Paul's mother said to him, though sir Hugh Wyndam had accused her son (the aforesaid parson) yet he would not accuse sir Hugh. I have sent for the parson, but as yet he is not to be found.
The aforesaid mr. Anian alsoe told mr. Edward Butler, a justice of the peace in Dorsett, that a littel before the rising of the late rebells, he did gather by the aforesaid parson Paul's words, that there would be very suddenly som rising of the cavelere party.
Mr. William Gudge of Stoke informed me, that mr. John Gallopp of North Boowood said, that he would not refer the umperage of a deference betweene himself and Thomas Gudge of Stoke Abbot into the hand of any man, that would allow of any thing that the state had taken by sequestration; and further the said Gallopp faith, that the parliament had undone England by sequestring men's estates. The difference this informant faith, was about rent paid into the state by the said Thomas Gudge, by an order from the committee of Dorsett upon the sequestration of Paul Goodwin for delinquency; but this informant desires the said Gallopp may not be meddled withall, 'till after the assizes, by reason, as he faith, of a triall, that Gallopp and this informant is then to have. I have this under his hand.
The prisoners plea for themselves at Exeter, April 18, 1655.
Vol. xxv. p. 475.
1. We must enquire by friends of the juror's names, and challenge any, whom we conceive engaged against us, and challenge them particularly, and give them no reason, for the law alloweth us to challenge 35 without shewing reason; but we must not challenge above 35, lest judgment pass against us as mutes, refusing legal trial, and so be pressed.
2. Besides the 35 challenged without cause shewn, we may challenge any, against whom we can shew cause; but the judge will declare whether it be a sufficient cause or no.
3. If any man hath named to the sheriff any one of the jurors remaining by any (saving his sworn officers, whose duty it is) and if two can prove it, the indictment and proceedings may be avoided by statute 11 Hen. IV. chap. 9.
4. We must not immediately upon the reading of the indictment plead not guilty, for then we can have no council allowed, nor be admitted afterwards to plead the illegality of the indictment; but so soon as we have heard the indictment read, we may say, we conceive the indictment not sufficient in law, and that therefore we desire councill to speak for us at law, and this before we say not guilty.
5. If the judge ask us, why the indictment is insufficient, seeming to deny us council, we must say, it is neither grounded on the common law, nor statute; and the judges are sworn to execute only the laws.
6. If the indictment (as it will) do call the jury, jurors for the lord protector, then again let us alledge, that we are not legally indicted, for there are no such persons by the law of England; for neither the common law, nor acts of parliament, do know or acknowledge any jurors for the lord protector.
7. If any alteration be made in the indictment by the judges, then desire, that the evidence to the grand inquest may be given at the bar in open court.
8. If one of the grand inquest stands outlawed, it makes void the indictment; and if we know any such, we may challenge them, and demand the indictment to be vacated by virtue of a statute, 11 Hen. IV. cap. 9. and if the judges bid us prove them to be outlawed, we may demand time, and we will bring it under seal.
9. We may desire a copy of the indictment, though the judges positively deny it, and urge my lord Coke for authority.
10. If we can find any incertainty in the indictment, either in time or place, let us alledge it against the sufficiency of the said indictment.
11. If the indictment express not particularly some open deed we did in levying war, except against it as insufficient, and still insist upon the assignment of council to argue the whole, because it is a scruple in law worthy of great debate.
12. If the judges deny us council, tell them, others usually have had it, and particularly mr. Norbury was counsel for col. Lilburn, and the now judges Nicholas and serjeant Maynard were council for capt. Rolph, when he was accused for treason against the king.
13. If the judges require it, give the exceptions in writing, but expunge what makes against us, if seen, and still obtain council, and urge Humphrey Stafford's cause in the 1st of Hen. VII. for precedent.
14. If after arguing the case by council, or before, the judge overrule the plea, then insist upon the same plea to the jury, and put it upon their consciences, that God hath made them our judges to judge between us and the judges; and that, if we be found guilty by the jury, our blood will lie upon the jury, and the judges be acquitted; but if the jury find us not guilty, the jurors are innocent, if we die.
15. If the jury seems fearful to clear us absolutely, tell them the judges have overruled them; that it is safest for the jury to find a special verdict, which leaves the point in law to all the judges, whether or no it is treason, whereby also the jurors will leave all the danger that can follow, and all the bloodshed on the judges.
16. Tell the jury, that they are now to judge, whether or no we have committed treason; and if they judge that to be treason, which is no treason, our blood will be upon them; and there can be no treason, nor ever was in England, but such as is made so by the common law, or act of parliament.
17. Let every prisoner allow of one juror, whom another person hath challenged, and challenge him, whom another prisoner hath allowed, whereby every one of us shall have almost a whole distinct jury for himself, which juries possibly will differ in their opinions, at least it will puzzle the prosecutors to get so many several juries; therefore let every prisoner have pen and ink ready to note the names of the several jurors for several persons, who for one, and who for another.
18. They cannot indict and try us all in one day, as it is in Kelloway, fol. 159. 6. which the lord chief justice Rolle declared to be law in the case of the Portugal ambassador's brother.
19. If they indict us for felony, we may say it is no selony, except it be done with a selonious intent; and the country knows, we did not intend to steale, but only to borrow the horses, which is usual now a-days, and as the soldiers did now at London and elsewhere, who came against them; and the sheriff of the county was present, when divers horses were seized, and did himself seize some, which were none of ours.
20. Also ask the prosecutor upon the trial, whether he can take his oath, that we took the horses with a felonious intent; and if he will not swear it, then ask the jury, whether they can take it upon their oaths we stole the horses, where the prosecutor himself will not swear it.
21. Ask the prosecutor, whether he came voluntarily to prosecute against us; and if he did not, but was forced, then desire the jury to judge, whether, they that are come hither from London purposely, have not an intention to take away our lives.
22. If they indict us as traitors by any act of the long parliament, it will be for treason against the king, or against the commonwealth, and keepers of the liberty; we have done nothing against either of them, and let them prove it.
23. If they ground the indictment on any act or ordinance since the long parliament was dissolved, which was April 20, 1653, deny it to be an act; for the two last parliaments made no acts at all concerning treason, and there can be no treason by an ordinance. Therefore leave it upon the conscience of the jury, whether there be any laws to guide them in their verdict, besides common law and acts of parliament.
24. Tell the jury, that if the king had formerly with his council made a proclamation, order, or ordinance, declaring something to be treason, which neither the common law nor any act of parliament had so declared, that no jury hereupon durst have found any man guilty.
25. Alledge the case of Chief Just. Tresillian, sir Robert Belknappy, and other judges in 11 Rich. II. who gave their opinions, that other facts were treason than what had been declared by authority of parliament, and did it to please the then present governor, were attainted of treason for their opinions, and by the parliament following 11 Rich. were made examples for their treason. And in the 21 Rich II. the judges giving the like opinion, had no other excuse to avoid the attainder of treason in parliament the 1 Hen. IV. than that they durst say no otherwise for fear of death; but it was hereupon enacted, that no justice or other person whatever shall from thenceforth be admitted to say, that they durst not for fear of death speak the truth; so that no force nor fear can excuse any person, if he shall now declare any fact to be treason, which cannot be warranted by authority of parliament. Therefore leave it upon the conscience of the jury, whether they do believe we are indicted for any breach of any common law, or act of parliament; and if for neither, whether they can in conscience take our blood upon their heads.
26. If the judge pretend, that we alledge not matter of law sufficient for assignment of council, then urge, that the ordinance, whereupon the indictment is grounded, is not pursued: that at the time of the indictment there were not two lawful accusers or witnesses to the grand jury, which ought to be by the law. Or a prisoner may alledge, he is not rightly named in the indictment, or hath not his right title or addition, or the fact is not set down with sufficient certainty, and by some or all these we may get councill assigned.
27. If the indictment be for levying war, alledge, that there is no such open deed set down as is sufficient in law, and in such case, desire council to argue it, and endeavour to make our bearing of arms only a riot or unlawful assembly, and not a levying of war; for every bearing of arms in a warlike manner is not by the law a levying of war, as was adjudged in the earl of Northumberland's case, 5 Hen. IV.
28. If we could say we met together upon some private revenge against the sheriff, or some private man, and not for the destruction or reformation of any law of the land, or to oppose any lawful authority, then unless two witnesses shall swear that we did declare some other end, the case must be resolved in law, whether it be a levying war; yet this point must not be insisted on, until the grand point in law be overuled by the court, viz. that the indictment is sufficient in law, notwithstanding it is not grounded upon the common law, or any act of parliament; for we ought so lose ground by inches.
29. If they proceed upon the indictment to give evidence against us, insisting upon it, that the matter of fact be proved by two sufficient lawfull witnesses; then let their witnesses depose openly in court face to face, for the law exacts two lawfull witnesses in case of treason by statute 1 Edw. VI. and 5 Edw. VI. cap. 11. and 1. and 2. Ph. & Mar. cap. 11. Let the witnesses be strictly examined, and put to swear punctually to the fact, &c. charged in the indictment as the open deed, declaring and levying of war; and that both witnesses swear to the same fact, and at the same time and place, else they are but single testimonies to two facts of the same nature.
30. Insist upon it to make them prove the act or ordinance is a true copy of the parliament roll, and examine them upon oath, whether they examined it by that roll; (for 'tis possible they may have forgot to do it,) alledging that we are not to be tried by every private or printed paper, and demand it may not be read or given in evidence, 'till it be proved.
31. If they offer to prove by any intercepted letters, whereof they have copies, that we levied war, then deny those copies, and demand the originals; and if the originals could (which cannot) be produced, they can never prove them to be any of our hands, if we put them to it.
32. If the commissioners that try us be serjeant Glynne or recorder Steele, or any other, who are not the ordinary judges at Westminster, tell the jury, that these are not the sworn judges of the law, but practitioners and pleaders, servants to the lord protector, and are made judges only for this purpose, to take our lives contrary to law, because the sworn judges refused it. If baron Thorpe comes, he is a sworn judge.
33. If the judges say, that the lord protector is invested with the same power, that the late governors, whether king or parliament, were invested with, tell the jury boldly, that the laws of England cannot be altered but by act of parliament, and therefore there was an act of parliament to change the government from the king, to the keepers of the liberties, anno 1649; but there is no act of parliament since to change the keepers of the liberty into a lord protector, so that there can be no treason to bear arms against the lord protector.
34. Tell the jury, that 'tis now our case, and they know not how soon it may be their own, for many were zealous for the present government, as the jury now can be, who have already felt, and others like to feel, the effect of their new ordinances: how safe and honourable it is for them to stick to the law, rather than take our blood upon them; and instance in John Lilburne's several juries; and if not to acquit us, yet to acquit themselves, by finding a special verdict, which leaves us to law, and lays the guilt of our blood upon the judges; and especially, how dangerous it is for the jury to prove, by shedding our blood, that the lord protector hath a legislative power, and that his ordinances are laws, when the late representative of the whole people in parliament refused to acknowledge them.
35. If indicted for treason upon the 25 Edw. III. for levying war against the king, demand the statute to be read, beg the jury to observe when it is read, and then remember how all kingly government and authority was abolished by the act 1649. of the long parliament; and the protector himself in several speeches declared, he was not, nor would be king. If they bid us shew the speeches, where he faith so, it is in the late speech, Jan. 22, 1654, page 24, and in his declaration in April, 1653, where he faith, he desired the long parliament to prevent monarchy.
Devon. ss. The names of the prisoners indicted, attainted, and condemned for high treason, in levying war against the lord protector and government, &c. at the general goal delivery holden at the castle of Exeter the 18th of April, 1655.
On the first indictment.
Vol. xxv. p. 473.
John Penruddock, of Compton Chamberlain in the county of Wilts, esq; challenged twenty eight of the persons impannelled for the petty jury. Found guilty by verdict of the petty jury.
Hugh Grove, of Chissenbury in the county of Wilts, gentleman. He also challenged the array. Found guilty by verdict of the petty jury.
Robert Duke of Stuckton, in the county of Southampton, gent. Found guilty by verdict of the petty jury.
Richard Rives of Rimpton, in the county of Southampton, gent. Found guilty by verdict of the petty jury.
Francis Jones, late of Beddington in the county of Surry, gent. Found guilty by verdict of the petty jury.
Thomas Fitz-James, late of Hanley in the county of Dorset, gent. Found guilty by verdict of the petty jury.
George Duke, late of Stuckton in Hampshire, gent. Found guilty by verdict of the petty jury.
Edward Davy, late of London, gent. Found guilty by verdict of the petty jury.
Thomas Poulton, late of Pewsey in Wiltshire, innholder. Found guilty by verdict of the petty jury.
Francis Bennet, late of Killington in Somersetshire, gent. Acquitted by the petty jury.
On the second indictment.
Edward Willis, late of New Sarum in the county of Wilts, innholder. Found guilty by verdict of the petty jury.
Nicholas Mussel, late of Steeple Langford in the said county, yeoman. Found guilty by verdict of the petty jury.
William Jenkins, of Fordingbridge in Hampshire, gent. Consessed the fact on his arraignment.
Thomas Helliard, of Upton in the county of Southampton, yeoman. Found guilty by verdict of the petty jury.
Robert Harris, late of Blanford in the county of Dorset, cordwainer. Found guilty by verdict of the petty jury.
John Biby, of Compton Chamberlain in the county of Wilts, gent. Found guilty by verdict of the petty jury.
John Cooke, of Potterne in Wilts. It appeared upon the evidence, that he was one of those, that took the judges. Found guilty by verdict of the petty jury.
John Haynes, trumpeter. Found guilty by verdict of the petty jury.
William Strode, of Wincanton in the county of Somerset, gent. Acquitted by verdict of the petty jury.
On the third indictment.
Henry Collyer, late of Staple Langford in the county of Wilts, gent. Consessed the fact upon his arraignment.
William Wake, late of Blanford, in Dorsetshire, gent. Consessed the fact upon his arraignment.
Christopher Haviland, late of Longton in the county of Dorset, labourer. Consessed the fact upon his arraignment.
Hans Stiver, late of New Sarum, in the county of Wilts, gent. Found guilty by verdict of the petty jury.
James Horsington, alias Huish, late of New Sarum, gent. Found guilty by verdict of the petty jury.
John Giles, alias Hobbs, late of New Sarum, yeoman. Found guilty by verdict of the petty jury.
Abraham Wilson, late of the same, cutler. Found guilty by verdict of the petty jury.
Joseph Collier, late of Steeple Langford, gent. Consessed the fact upon his arraignment.
Richard Browne. Found guilty by verdict of the petty jury.
Nicholas Bradgate, late of Blanford Forum, yeoman. Acquitted by the petty jury.
Marcellus Rivers, late of Benstead in the county of Southampton, gent. The grand jury did not find the bill against him.
26 prisoners condemned.
1 ignoramus by the grand jury. viz. Rivers.
Col. Francis Hacker to the protector.
Vol. xxv. p. 485.
May it please your highnesse,
I have sent James Boulter, servant to the lord Grey, who at last came to mee; but some reporte, hee hath beene with the lord Grey lately, but hee denies it. I have at last taken captaine Baldwin, of Markfield in Leicester, hidden in a stacke of gosse, with his sword in his hand. I looke upon him as a dangerous person, and intend to send him to Coventry. For I dare not continue here, without a strict guard.
My lord, upon information, that armes was sent to Newstead Abby in Nottinghamshire,
I sent a party of horse to search, but found noe armes, but three trunks, which at first none
would owne; in which was a new horse colar, and a scarse, both which I have sent your
highnesse, as also the examinations of the parties there seized. I heare sir Richard Byron
is come to London, and his sonne is there alsoe, who, I belive, according to my information, did send downe armes. My lord, I thinke London will bee well stocked with
cavaleires, for they flock thither very fast. I am
April 18, 1655.
Your highnesse most humble servant,
Lady Margaret Clotworthy to secretary Thurloe.
Vol. xxv. p. 487.
My good freinde,
I Hope you judg me very patient, that have all this whyle wayted, and given you noe devertion by mynding you of my busnis, which you may remember, his highnes sayd, should be your fault, if not don. I am now inforced to renew my formare sute, because my lord of Broughill and other gentlemen relating to Ireland are goeing sudinly from hence; and if now my busnis be not reffared by your favour, I myss the opertunity the prayer of the petition suplycats for. Therefore, good sir, remember an ould freinde, with such a mark of your kyndnes, as may oblidg me very much, and noe way prejudis yourself, to whom I remayne
Martin's Lane, this 18th of April, 1655.
A very affectionat servant,
I have intreated mr. Moreland to put this opertunely into your hands, and hope, that he may sone bring me a good refference from you, which if obteynd, you shall se how moderat my demands for satisfaction shal be.