A Collection of the State Papers of John Thurloe, Volume 5, May 1656 - January 1657. Originally published by Fletcher Gyles, London, 1742.
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November (1 of 7)
A letter of intelligence.
Dantzick, 11 Nov. 1656. [N. S.]
Legati Gallici & Belgici venerunt heri, aderunt quoque electoris: fiet itaque mentio tractandæ pacis. Eam Galli impetratu facilem putant, si ex parte Poloniorum ex tribus eligatur, quæ placuerit magis conditio; nempe ut concedatur Sweco Borussia tota vel pars ejus maritima, vel alia aliqua provincia Livoniæ vicina, nimirum Samogitia: sin hoc minus commodum videbitur, locoque offeratur ingens pecuniæ quantitas, vel denique usus & præceptio portoriorum Borussiæ in plures annos. Si rationem & justitiam postulatorum tantorum quæras, respondetur, nullam aliam quærendam quam armorum potentiam, & reputationem regiam, quæ nihil detrimenti pati potest. Atque ab hac opinione non multum alios veremur legatos Belgicos hic præsentes. Grave enim esse ducunt excedere possessione rei, quam quovis etiam facto comparâsti; de titulo enim potentibus laborandum non esse. Hæc consiliorum fundamenta in statu Christianissimi locum obtinere nemo crederet, nisi experientia testaretur.
The Dutch ambassadors at Dantzick to the States General.
Dantzick, 11 Nov. 1656. [N. S.]
High And Mighty Lords.
My lords, upon the news which we have received, after we had sent away our last of the 8th current to your high and mighty lordships, that the king of Poland was come within five miles of this city; we thought sit to send one of our gentlemen to him with a letter, and to signify to him therein our arrival here, desiring to know of his majesty, whether it were his pleasure we should come to him in his army, or expect his arrival here. Upon which we received this day his majesty's kind answer in very civil terms, that his majesty intended to be here within few days, and that then we might speak with him here.
How strong his majesty of Poland's army is, we cannot certainly inform your high and mighty lordships, in regard they divide themselves into many parties. Some of the troops have committed strange outrages in Pomeren, which is very ill resented by his majesty.
A letter of intelligence.
Dantzick, 11 Nov. 1656. [N. S.]
The king of Poland is now come to this town, and his army is 18,000, besides boys; the king of Sweden's army is also come near to this place. They lye on one side of the Weysell, and the Poles on the other. That of the Swedes is making a bridge over; so it is thought there will be an engagement between them.
A letter of intelligence.
Dantzick, 11 Nov. 1656. [N. S.]
We have no news at present; only it is said, that there is a cessation of arms made between the king of Poland and the duke of Brandenburgh.
The Dutch ambassadors in Denmark to Ruysch.
Copenhagen, 12 Nov. 1656. [N. S.]
Vol. xliv. p. 23.
We have received all their high and mighty lordships resolutions concerning the treaty at Elbing taken the 28th of the last month, and they coming to hand in the absence of the king and the lord Rychshoff-master, we communicated them presently to the lord chancellor, who undertook to write the contents thereof to his majesty; and he declared to us, that they would be received with much satisfaction and content. Upon this occasion we had further opportunity offered us to recommend again that, which was given us in charge by their high and mighty lordships, concerning the falt-company erected here; and we expect the return of his majesty here the next week; and then we shall endeavour to bring the same to good issue: and we did also make a new instance about the remeasuring of the ships; but in regard those, whom his majesty hath sent for out of Norway, are not yet come, that business will yet be deferred. The lord Cleest, ambassador of the duke of Brandenburgh, is coming hither, and daily expected here. The lord chancellor told us, that the lord resident of Sweden here is also instructed to treat with this crown at the same tyme.
A letter to Nieuport the Dutch ambassador.
Hamburgh, 11 Nov. 1655. [N. S.]
Vol. xliv. p. 6.
The English here are still of opinion, that in England there will be a king, or that the protectorship will be successive in the family.
There are this day letters come from Dantzick, but I received none; which I do much admire. They write to some here from thence, that the duke of Brandenburgh had ordered major general Sparre, with all his men and artillery, to separate from the Swedes, and to march to Koningsbergh, and thereupon had made a cessation of arms with the Poles, and had sent his ambassadors to the king. Whether this be so or no we shall hear by the next. If it be so, it will make a great alteration. As the post came away from Dantzick, the citizens were all in arms going to fetch in their king, being within a mile of the town.
Petrus ab Heimbach to secretary Thurloe.
Vol. xliv. p. 116.
Facit contemplatio publicæ felicitatis, & victoriæ Olivari ferenissimi, post Deum optimum maximum auspiciis ex hoste potentissimo superbissimoque partæ, ut in qualemcunqué non pro meritis quidem suis, neque ex rei dignitate, sed pro ingenioli modulo gratulationem erumpam. Quantum est quod auriseram illam orientis opes toto mari vehentem classem, in conspectu portûs, in quo jam navigare se sperabat, cum in co virtute nostrorum victa fortunarum secerit nausragium, in Britanniam nostram bonis avibus tanquam Portumnus Philippis Austriacis aliquanto Deus in terris melior deduxerit.
Ita nimirum decuit, ut ille, ille in perniciem suam ipsius ignotum argenti pondus & auri corraderet, qui perpetua dare satagit alimenta ferro in alienam. Ita nimirum decuit, ut cui nihil in votis prius est atque antiquius, quam ut pacis hostibus vel prosligatis vel ad saniorem mentem toto orbe revocatis, incederet populus ramis insignis Olivæ. Ita faxit Deus pacis, ita ruinâ fuâ inimici hostes viam illi sternant ad gloriæ æternitatem, ita quiescere non possunt nisi dominentur nostri cum Deo victricibus armis toti perdomentur. Vale.
Generositatem tuam vera animi reverentia &
subjectione æternum colens,
Petrus Ab Heimbach.
Dabam Rheno Trajecti ipsis kal. Nov. MDCLVI in priori & nuperis designato statu fidem tuam submisse implorans.
A letter of intelligence.
Vol. xliv. p. 31.
Most honourable, and my ever honoured lord,
Thus far am I entred in my way for Holland, and whether real or imaginary, I breath a freeer aire, with an unlocked heart and unconstrained countenance, so soone as I but pas the limits of that dissembling region; where most men are worse by many degrees then myself; theire end being to make a good appear they do not so much as affect; mine to cloack and disguise a charitie, that touches the wel-being of great and populace nations, that blindely groane under a wise and moderate government, whose whole and sole aime is to make them happy eeven against theire owne wills; and to be an instrument for preventing designs and plotts of invasions, causes of deformities of bloodshed, and all other deplorable calamities, that usually unnaturall and ambitious warres com to be accompanied with; and though the meanes, as to the world, which ost I am forced to practise, are in a reputation not laudable, 'tis enough I do with all my knowledge endeavour to sett them at the furthest distance with what is sin. I shun places that bring questions upon me, and mett avoide positive answers as artificially as I can. Time will com, and that ere long, I hope, when this discontented, factious, and distempered generation shall be forced to quitt this sole and laste retireing place, to be scattered and dispersed, or by conversion to a more wholesome temper become members under good and wholesome constitutions; and you pittieng, my lord, my constrained and artificial part, put me in a condition, where without a masque, I shall be allowed to practise my affections in circumstances conducing to the true accomplishment of what is for your service: for what hopes can there be left to that unfortunate company, after a totall alienation and defiance with France, and extermination from Holland ? The reliques of a worsted countrie they are in, at her laste abois, consumed and neglected by her owne dissentions att home, and ready to be swallowed by the violent persecution of her enemies abroad; without hopes or help from a master panting in the waight of debts and ennemies from all parts. Their hopes of innovations to happen by the pretended dissentions and illaffected persons met in the grand assembly haveing deceived them, and the causes of lookedfor distastes are suspended by a miraculous intervening of a supplie to the exigency of great and necessary charges, with an easy and willing concurrency of all that want not eyes to see the powerfull hand, that guides and steers so many miracles to a good and finall end of peace and tranquillitie to the whole nation. Should my speculations run upon the theame, I might want roome to tell, that their leavies continue yett, and the rolls amount to ten thousand men. A great number for a great desein after such great proclamation, and God knows, not lyckly neither to be so many. Soldiers growe cunning, and find wayes to better theire allowance by juggeling in their quantities. The faction as ranck as ever, and at great distance with each other. The Scots nation hated, and scarse any charitie amongst the others. For what concernes the contrie, nothing in action, but the propositions of Flanders controverted and debated, so not any hopes of conclusion as yett. The soldiers, and fewe of them, they say, most collonels, captains, and officers, that make up the numbers of companies and regements, without any assignation of quarters. Many desperately (as I am informed) quitt their commissions for want of a competency to appeare but in a decent garment. Of their navall expedition att Dunckerck I heare not one word. Surely theire prizes com not flocking in, as they loocked they should att my last being there. And a glorious dessein as well as charitable itt is, to prevent the losses, that otherwise such must sustain, whose dayly bread depends upon the industrie of a dayly trade. Rest me nowe to unfould the meanes I do propose to myself, for the securer continuance of the countries I am in. To trouble with a cattalogue of all the disadvantages I have in the practise of a good intelligence of this nature, your patience, my lord, were to short in the prolixest way of what the story would require; only this, that to those eys, that toock a neerer interest in my actions, I appeared concerned in a debt (hinting in my replyes to C.) comming to Mortuare house of my father from count * * * real indeed, but rendred desperate by the imprudent deportment of my eldest brother, and nowe past so farr, as itt can give no longer any collour to any other imployment; yet readyly and faithfully willing to continue, so long as I shall receive the honour to be thought capable to satisfye expectations conceived of me. I have thought on a way to dismis my servant, and fetch my two sons, that hitherto have kept with my friends in Holland to learne the Dutch tongue, hither, where I was under collour to teach them French, which is more frequently in use here then any other language; besides habituating them (as I would alleadge) to a commer in linnen cloth, that we cal Holland, probably of good advantage to one understanding a little the manner of tradeing, as I have well inquired sins my continueing there, to that mere end, that it might serve your ends, att least the remainder of this winter, if neede be, and nothing els appeare, that can make the stratageme useless; but then it would require a little stock, and a brace of hundred pounds, as that at my comeing would seme to make a shew greate enough for a while. I can assure you, my lord, that I have made no havock of your money. I will not say, that I have lived niggardly, for I know not the way; onely with the attendance of a man, and plaine apparell, sutable onley to such company, as I must dayly frequent, I have brought itt to that, as itt will scarse last me three monneth longer; my changing places and rolling in this deare region multiplying my charges, besides the little cost of gratuities, liberalities, and dayly extraordinary expences belonging to some things, and company keepeing, which my way happily consumes more then it ought. If so it seeemes in your eyes, my lord, itt shall become my care for the future to contract them extraordinarie, except it appeare necessary otherwayes upon more eminent occasions. I continue my intended voyage with intent to continue there, till the answere of this lettre can arrive, which may be, if I may be so happie, the thursday next com se'night at Dort, the 13th of November, where with a longing patience I will waight for that honour, humbly craving, that your commands may be so plaine, that I may never pretend an excuse, if I do not plainely obey them, as I loock ever for that happiness, which I honour and is to be esteemed, as I am,
Most honoured lord,
your ever humble and devoted servantt, M M.
Bergen, op. Soeme, Nov. 11/1 1656.
To the Venetian agent.
Antwerp, 11 Nov. 1656. [N. S.]
Vol. xliv. p. 15.
Here is nothing of news considerable in this city. Don Alonzo de Cardenas hath sent the court a sum of money towards their present occasions. Commissioners will be sent from hence to the king of Spain, to intreat his majesty to provide a fleet to clear the coasts of the English.
There are making ready in Cadiz twelve gallies and some ships of war, to go out to meet the fleet from Nova Espagna, against their coming home, being richly laden.
Don John hath sent to visit king Charles, and to welcome the duke of York.
I believe there will be few found here, that will contribute any thing towards the wants of this court here. We hear, that there is near two millions of pieces of eight got into Cadiz, being for the account of the king and some particular persons.
Count Brienne to Bordeaux, the French ambassador in England.
Paris, 11 Nov. 1656. [N. S.]
Vol. xliv. p. 8.
I Was in trouble to receive no news from you, but I am just now freed of it by receiving your's of the 27th of the last month. It is probable, since the letters have been a fortnight a coming, that they were either forced to stay at Dover for a backet-boat, or that the sea was so great, that they durst not venture over. Those reports at London, which you hear about a peace between his majesty and the king of Spain, have little ground here, to be raised there upon the taking of the Spanish ships. We do not yet hear, that the money is arrived with you, which when it is it, will make the protector to execute what he will undertake, and very much contribute towards his greatness and establishment. If the lord protector do make difficulty to consent, that a (fn. 1) free ship shall free the goods of an enemy, he will be glad to hear of an ordinance, which hath been published in the ports of this kingdom, forbidding all men of war to seize upon any English ships upon that pretence; but it will be necessary, that he do the same in our regard, or to suffer the revocation of that, which we have made. I do much wonder at his firmness upon that point, after he had believed us to have caused our maritime ordinances to be executed, which do not confiscate the goods of a friend for bringing them out of an enemy's country, but only the ship, which was let by the enemy, upon the which he laded his goods. And if the lords states do not obtain this favour, the enemy will be much prejudiced by it, in regard it is clear they drive all the trade of the enemy, and thereby procure them the means to drive that of the enemies, from whence he fetcheth many millions, which make him so powerful. I cannot foresee what end the war between Sweden and Poland will have. The letters, which I receive from Poland, do make me fear for the king of Sweden; and other letters from the same quarters speak him accommodated with the Muscovite; for he that beginneth with a suspension of arms, and that raiseth the siege from before a considerable place assaulted for a long time, doth seem to be in a condition to do something and more. As for our parts, we desire to have the kings in in peace, Denmark united with Sweden and us for the maintaining of the liberties of the princes of Germany; and it is without doubt the interest of the lord protector to concur in in our design, in regard that the king of Spain hath declared him his enemy, whose power would very much encrease by reducing the princes to submit to his will, which hath been very long projected by the house of Austria; and without doubt they would obtain their ends in it, if the neighbouring princes did not watch their actions narrowly. My lord protector, that doth look to his affairs, that do somewhat nearly concern him, doth neglect that amongst the rest. I will not fail to inform you of the resolutions, that shall be taken upon the affairs, which shall be proposed by col. Lockhart. He saith he will return into England; but also that he is to return with the title of ambassador, and to bring his lady along with him. The pope hath blamed the emperor for sending forces into Italy, and doth rejoice at the offices, which we have done in several places for the pleasing of some of our clergy; but we have done nothing whereby to prejudice those of the Protestant religion, which indeed our laws do forbid us to do any thing to their prejudice.
A letter of intelligence from col. Bampfylde.
November 11, [1656. N. S.]
Vol. lv. p. 208.
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Be t w e e n the l i n e s this I have w r i t in l i m o n from whence there is newes come hither, that for certayns the queen of Sweden is embarqued at Nice for Madritt. The winter quarters of the armie will be in Alsatia, Lorraine, Champaigne, Picardie, and the Isle of France, and in some parts of the generallity of Paris, which here is much repined at. Here is great likelihood of reconcileing the chamber of requests, and the chamber of accompts to the parliament (which is of great consequence) by the mediation of mons. Belleiuer, the firste president, and mons. de Harlay. The estates of Millaine have agreed to give forty thousand crownes to the generall of the German forces to march with their troopes into the principality of Modena, where the duke of Modena is marching with two thousand horse. Mons. de Turenne is arrived here, having left the army yet about St. Quintin, under the command of mons. Castellnau. Mons. d'Lionne is goeing speedily into Germany, to sollicit the princes and free townes, to reflect upon the emperour's breakeing the peace of Munster, and to interest the electors, whoe were security for the emperour's observeing it; but the truth and moste essentiall part of his negotiation is to treat with the Protestant princes. The peace betwixt the two crownes is yet hoped for, but making here for the warre I might have very good conditions here, if he had leave to make levyes in England and Scotland. I can make it demonstrable, that it will be very much for the service of the protector. All persons, that have any charge, shall (if required) give sufficient security for their fidelity to him; how it may be otherwise advantageous I will otherwise informe you by the next. You have severall tymes promised to favour me: this is the tyme to doe it, and for ever to obledge him. I knowe his interest: is not so small, but that the least sollicitation in it will prevayle with the protector whoe shall be secured manifestly by it, and secured from all prejudice, or else I will not desire it. Were this done I could get the protector much more security in the French court of that kinde, he is 584 470 16 51 41. I have not of a longe tyme received any letters from you; all ordinary things you surely write, by your laste address; but if you shoud thinke fitt to write any thing of concernment, be pleased to adress it under cover thus: A mons. mons. L o n g e chez. mons. B o d e u i n Marchand R o u e n and under the cover, a mons. mons. Beaumont à Paris. I shall say noe more for the present, but that I am, sir,
Your moste humble servant.
I beseech you lett me hear speedily from you: I presume you have dispatches long ere this.
The copy of a paper concerning the high court of justice, found in sir William Compton's chamber.
Vol. xlii. p. 111.
It is considerable that this act of parliament differs from all other acts that did ever erect any high court, &c.
The former laws did only provide for the death of the delinquent, in order to the security of the commonwealth; but that sentence was not forfeiture of estate, nor any corruption of blood; nay, the execution of the sentence was merely new for the manner of it; for it was to be by a beheading or hanging, neither of which are the legal judgment in cases of high treason; so that upon the matter those courts were only more honourable, but not one jot more powerful, or more useful than a mere council of warr would have been as to those purposes.
On the other side this present act amounts to an attainder of the party condemned, forfeits all his estate, corrupts his blood, and makes him liable to be hanged, drawn, and quartered, for no other sentence can be given. And therefore it is to be hoped, that where the event of the trial is to be so fatal, there will be a great care had to preserve the right of the subject, as to the manner of his trial.
2. The right of the subject to be tried by a jury in cases of treason, is so clear and evident, that before this act of September 1656, chap. iii. there could be no colour to doubt it. It is a right founded upon the common law; for trials by juries are as ancient as the Saxons time; and 'tis confirmed by all the acts of parliament, of which the most eminent and useful to be considered upon this occasion, are Magna Charta, and especially 25 E. III. chap. vi. 4, and 1. and 2. Phil. and Mary, chap. x. which whosoever reads, and withal shall peruse my lord Coke's book of the pleas or the crown in the chapter of treason, will be largely satisfied of the reasons why those statutes were made.
3. No court can pretend to be absolved from the rules of law more than the high court of parliament: no prisoner can deserve less benefit of the laws, and less protection by them, than he who hath actually murthered his own prince, and is to be tried for it. And yet in the 4th of E. III. Sir Thomas Barkley was arraigned in parliament for the murther of E. II. and was tried then by a jury of twelve.
4. This right is not altered or repealed by the act of September 1656, either by word or meaning.
1st, The act in general makes the judges no other than in the nature of commissioners of Oyer and Terminer, and then they are bound by necessary construction of law, to hear and determine secundum legem & consuetudinem Angliæ, which is by jury.
2d, The acts of 25 E. III. chap. iv. and 1 and 2 Phil. and Mary chap. x. do enact, that no man shall be tried but by jury (upon the matter) and they are in sever and nature negative, viz. shall be tried for and not otherwise. Therefore this act of September 1656, being only affirmative, cannot amount in law to a repeal of those former acts, the rather because they both stand together.
3d, The power to examine witnesses, and to proceed to conviction, as in cases of high treason is very confistent with trials by juries; for witnesses are only for evidence, but conviction is by jury, the rather because these words, as in cases of high treason, relates to the course of law.
4th, All general words of acts of parliament, which concern trials and legal proceedings, ought not to be expounded of proceedings at common law, and cannot be extended to courts of equity; because in equity they only proceed by witnesses, but at common law by jury; and the law in doubtful cases ever presumes in favour of juries. To this purpose there are many examples.
5th, It cannot be thought, the parliament should intend to establish the common law as to the forfeiture of estate, life, and members, and yet to abrogate it as to the manner of trial.
6th, As the act is conceived not to alter the common law, as to the trial by jury, so 'tis also conceived that the statutes first of E. VI. chap. xii. are still in force; and then there ought also to be two accusers at the finding of the indictment, or at least two witnesses at the time of the trial; for some think two accusers and two witnesses to be allowed.
Lastly, it is usual for courts of justice to allow the prisoner council, when he hath any matter of law to insist upon, even in cases of treason.
Humphry Straford was arraigned for treason in 1 H. 7. and pleaded privilege of sanctuary, and had counsel allowed to argue for him.
Fleetwood, lord deputy of Ireland to secretary Thurloe.
Vol. xliv. p. 24.
I Doe not much wonder at the proceadings with you. I belive it exceeds your expectation and others; but indeade the Lord is to be admyred in this providence, and the more we hearken to his voyce, the beter it will be with us. I know my lord's streight is great; but I trust his heart will ever keepe firme to the saints interest, and then we neade not care or feare. I am perswaded, that will still be a rocke will split all, who fall upon it. That one princeple of his in tendernes to all saints, as saints, is that which God will own him in through all difficultyes and discouredgments. I know some have of late bine dissatisfyed; but his standing firme to that princeple will unite hearts to him. As for the recognition, if it was intended to deny any right to debate the fundementalls, it was (if a stander-by may say so) strongly penned; for questionless you gave liberty enough to unravill all; but the Lord is to be adored in all varietyes, turnings, and changes. The humours of men could not appeare as they doe, but that the Lord hath a further designe than wee at present may see. Things are in a good condicion heare, and I belive as firme my lord's as he can expect. He neades not feare hearts. The Lord keepe him allwayes in that way, wherin he hath bine blest. I remember an expression of his, which one latly minded me of, and that is this; when they talked of his policy, his answer was, that his policy lay in this, to witnes against, and punish wicked men, and to incorredge and get into the army as many good men as he could, and that was his strength. That frame I trust he still reteines; and I know God will beare him out, and carry him through all. I know not what is intended as to Ireland for our pay; but if not suddenly supplyed, we shall be in great want. I hope the parliament will make a good addition to their 6000 per mensem. I am in such haste, that I must begge your excuse.
Your very affectionate humble servant,
Nov. 3, 1656.
From Mr. Bradshaw, resident at Hamburgh, to the court of the Hamburgh company.
Finding myself under promise to returne you my answer to a late requisition of yours, viz. that I would declare unto the company, whether I doe and will expect from them, that whenever I shall in the name of his highness and the councell desyre or require to have any member of the company imprisoned, without declareing of his crime that deserved it, that they should proceed to fulfill my desyre or requisition therein;
I answer as followeth:
That the company have no reason to make such a proposition unto me, who never required them to imprison any member of the company, without declareing unto them, at the same tyme, the cause or crime desearvinge it, as it is most apparent in my late demand for their securinge of Mr. Townley, till he should constitute sureties for his forth-coming, as it is set down in my said demand, and who is the only person ever I required them in his highnesses name to secure; which may searve for my answer to that proposition or requisition; and to which I finde no need to add. However upon this occasion, conceive it suetable and necessary to offer the ensueing queries or perticulars to the company's consideration:
1. Whether in reason it ought to be supposed or beleeved by the company, that the resisient, who is responsible to his highness and commonwealth, for the administration of the power comitted unto him, should so abuse it, as to require any man to be imprisoned by the company, but such only as gives just cause for it.
2. Whether the company doe well (insteed of obeying and assisting the resident for the bringing in of offenders to condigne punishment, as they are strictly required by his highness) rather to manifest their discontent, or any member thereof their rage against the resident, for doing of his duty in seekinge to bring offenders to condign punishment, even to the exposing of themselves to be ruined or weakned in their creditts, thereby stiring up the burghers, and strangers in this cittie to censure and speake evill of the resident, as a person acting beyond his power to the great prejudice of the company and the creditt of its members. And whether such proceedings be not apparently to the great dishonour of his highness before strangers, who are by such mens instigations and incitments stirred up to judge meanly of his highness and his government, by his ministers abrode, thinking themselves at liberty soe to do, whilst the subjects of the commonwealth take the boldnesse so unreasonably and undutifully to murmur against and speake evill of the resident's proceeding, thereby to render him incapable of searvinge his highness heere so farr as in them lyes.
3. Whether that any member of the company ought in reason to say, that the resident's requiring the company to imprison offenders against the state, or that his own securinge of of them to answer their misdemeanours, when he findes just cause for it, turns to the weakning of such mens creditts, as do deporte themselves dutifully and faithfully towards his highness and the commonwealth, whilst the company's imprisoninge of their members for the breach of their own orders, is not judged of them to influence at all to the prejudice of conformable men, though the uttermost extreamity be used, even to the sending them in chaines for England. And whether any men of the company ought to say, that if the resident secure any one man of the company for what offence soever, he may by the same rule secure or imprison the whole company one after another, as if he cared not to injure any man's person, and wronge his creditt, without any cause given for his secureing; except such men suppose, that the whole company, one after another, will give the like occasion of securing or imprisoning them, as George Waytes, and Townley, merchants of the company have done; or that they thinke men are more apt to offend the state than the company, or that such offences are of less importance, and so meritt not the less punishment.
4. Whether the company ought not to understand, that the state (which gives them their being as a company, and protects them in it) will expect, that they should put forth the power they have given them, for their service, when they are thereunto required; and whether it can be reasonably imagined, that the state would give the company a power above their own in the place where they resided; that is to say, that the company shall have a larger power and authority over the members, than the state, whose subjects they are, and to whom every member stands obleidged by his oath of freedom, for his dutie and allegiance, as well as to the company, and that in the first place.
But now if the question bee, whether the resident have power of himself, to require the company at Hamburgh to secure or imprison any member thereof for his offence or offences against the state, in order to bringe him to condigne punishment, the solution thereof is (as I conceive) sufficiently manifest in his highness several gracious letters to the company, especially in that dated the 10th of Feb. 1653, where the company are expressly and strictly required to assist the resident for the bringing of offenders among them to condign punishment; which must be needs meant of offenders against the state, for that the company have power of themselves to punish offenders against their owne orders.
But if it be alledged (as by your said desyre or proposition it seemes to be) that the company do not refuse to performe what his highness hath commanded for the obeyinge and assistinge of the resident as promised, only that they conceive themselves not obliged to give such assistance to the imprisoning of any member of the company, before the particular crime or crimes be made known unto them, that they may judge thereof as a courte, whether they desearve imprisonment or not;
That it ought not to be supposed or presumed, that his highness will subject his own authority, resideing in his resident, to that of the company; that he should in cases, that concerne the honour and interest of the state, appear only as a plaintiff in the court of the merchants adventurers for justice; for that the contrary doth most evidently appear, in that his highness in his said letters commands the company to yeld obedience to the resident in what he should require of them, for the honour and interest of the state, with which he is intrusted; and which plainly evidenceth, that his highness intendeth not, that the company should have cognizance of the matter of facte, as competent judges of offences against the state, a matter only proper to themselves. And further, by way of answer to this particular, I desire to know of the company, that if the state had not their public minister heere resyding, whether they would not then judge themselves in duty bound to secure offenders against the state, to answer offences unto the state (if of their company) without taking upon them to be judges of the matter of fact, though the information were given by the meanest member of the company, obleidging himself to prove the same, and desyringe the offenders to be secured, though he should not make known the particular crime against him; but reserve that to be made forth and proved before the state.
Having in this amicable manner offered these things to your consideration, I desire your speedy answer thereunto, that I may know cleerly, in what manner you intend to answer his highnesses commands in the point of obeying and giving me assistance for the bringing of offenders against the state to condigne punishent.
Your loving friend to searve you.
Hamb. 3 Nov. 1656.
Mr. Bradshaw, resident at Hamburgh, to secretary Thurloe.
Vol. xliv. p. 49.
By my last week's letter I gave your honour notice, that Mr. Townley (accordinge as I had often writ unto yow, that both he and his party boasted he would doe, if he could not obtayne leave) was coming on hither without it, to the exposeing of me unto the scorne and derision of the whole citty and country, all men concluding, that one so specially commanded over by the state to answer his misdemeanors would not have been permitted to returne in this manner, without any mark of displeasure, to brave his highness's public minister in the place, where he had soe notoriously affronted him, if the charge against him had not beene judged false or frivolous by his highness and his councell.
Sir, when your leasure will permitt to peruse the inclosed warrant of the manner of my securinge him here, and the companies carriage in that business, together with the copie of the paper I sent them yesterday, it will, I presume, readily appeare unto you, that now the company or rather Townley's faction here and at London have forst me from the place of deputie, that I should inspect their actions no more in that capacitie; their next designe (and which now they are upon, as you will plainly see by the requisition they have made in the front of my paper sent them) is to try, whether the authoritie of his highness in his public minister, or theirs shall lie uppermost there; well knowing, that if they get a freedome, that none of their members shall be questioned for any thinge they shall doe against the state, but by the court at Hamburgh, as now constituted, they will not much care, who carryes the public character heere; nor needs the worst malignants, though they should act as Wait did, to feare the lash of state. They this night send a copy of my said paper to the company at London, con jureinge them to stand by them in this business; little regardinge what his highness hath formerly writ to them, sayinge, they will now try the resident's strength, beinge, as they thinke, sufficiently friended for it. The senate by their example begin to decline in their respects; and truly the business is come up to that pass, as that if his highness doe not presently interpose, his honour will be layd in the dust heere by his owne subjects, which I presume both the councell and yourselfe will be sensible of to apply a sutable and speedy remeady. Your honour well knowes, how I stand obliged by the duty of my place to see unto the honour and interest of his highness and the comonwealth heere, which the company have been often and strictly required to assist me in; but if they shall be suffered thus to dispute and trifle with his highness's commands, it cannot be expected, that I should be able long to preserve my public character from contempt; and therefore I beg of your honour, that the inclosed addresses both to his highness and the councell may be delivered with the first oppertunity; and that yow will please to second them effectually for the sendinge of a messenger for Townley, for whom I have now security, that he shall be fourth-cominge, when I require him. How frowardly and unmanlike he carryed it in my house for some dayes together, untill two of his friends entred bond for his appearance, I shall acquaint you with hereafter. Referringe your honour to the inclosed intelligence, agayne earnestly desiringe, that a messenger might be sent, and the company checked, as I presume you will thincke it high time,
I shall ever remayne
Your honour's most humble servant,
Hamb. Nov. 4, 1659.
Mr. Bradshaw to the protector.
Vol. xliv. p. 47.
May it please your highness,
By the last week's post I gave Mr. secretary Thurloe notice, that Mr. Townley (who was so specially comanded by the lords of your highness's councill to appear before them to answer his misdemeanoures) was returned hither without his discharge, or any marke of displeasure, to the exposing of me to the scorne and derision of the whole cittie and countrey, all men concludinge, that he would not have been permitted to returne in this manner to brave your highness public minister in the very place, where he had so notoriously affronted him, if his charge had not been judged false or frivolous.
I dare not be so injurious to the known justice of your highness right honourable councell, as once to thinke, that they knew of, much less permitted his returne, though he and his faction heere boast much of the favour he hath found; but doe rather believe, that fearing his just censure, he hath over-run it.
Finding him here without his discharge, and noe notice from Mr. secretary (though two posts are come since he arrived) but that the buyssness was still dependinge, I have (according to the dutie of my place and trust) made stay of him to answer his high contempt of your highness authoritie, having given Mr. secretary a full accompt of the manner of my securinge him, and how the company heere (contrary to your highness's late speciall comand in such cases) did refuse to give me any assistance therein; but on the contrary such amonge them as are of his partie (which are now in effect the whole court) and have abetted him in his misdemeanours, have manifested their rage against me, stirring up the burgers and all disaffected persons to your highness and your government, to murmur and clamour against me, as they did formerly, when I imprisoned Waites for his treasonable practices against your highness and the comonwealth.
The confidence, that Mr. Townley had, that neither this senate nor company (as now constituted) would give me any assistance to secure him, emboldened him thus to come over, which I hope and humbly begg your highness will please to take into your gratious consideration, soe as to order a speedy redress of theis things, so repugnant to the honour of your highness among strangers; and that it will please your highness to command, that a messenger be forthwith sent to bringe Mr. Townley backe to answer his bold attempt in departing without leave; and that the company here may be made sensible of their neglect of duty to your highness in this and the former business of Waites; that soe your honour and authoritie in your public minister abroad may be preserved from contempt, and he enabled thereby to serve your highnes effectually, as formerly, which otherwise it is impossible he should, the senate takeing example by the company to decline in their former respects to your public ministers. Not doubting of your highness favour and justice herein, I crave leave most humbly to subscribe myself
Your highness's most faythfull and obedient servant.
Hamb. 4 Nov. 1656.
Mr. Bradshaw, resident at Hamburgh, to the lords of the council.
Vol. xliv. p. 51.
By the last week's post I gave Mr. secretary Thurloe notice (desiring him to acquaint your lordships with it, having not then the time to doe it, the post being upon departure) that Mr. Townley (who was so specially comanded by your lordships to appear before you to answer his misdeameanors) was returned hither without his discharge or any marke of displeasure for his offences, at least that is known of here, to the exposing of me unto the scorn and derision of this whole citie and country, all men concluding, that he would not have been permitted to returne in this manner to brave his highness's public minister in the very place he had so notoriously affronted him, if his charge had not been judged false or frivolous.
I dare not be so injurious to the known wisdome and justice of your lordships, as once to think (especially considering the strict summons he had to appear, and how therein your lordships express that you would not suffer such misdemeanors to go unpunished, but duly vindicate his highness's honour, and repaire the resident) that he came over hither with your lordships knowledge or approbation; but do rather believe, that hearing the report was shortly to be made, and fearing his just censure, he thought best to absent himself, presuming his friends would prevaile to excuse him; which suits with the brags he and his party make of the favour he hath found, as also being confident, that the court of the company heere (as now constituted of his faction for the major part) would stand by him, if need required.
Finding him here without his discharge, and he refusing to give security for his forthcoming, I did (according to the duty of my place and trust) make stay of him to answer his contempt to your lordships, having given Mr. secretary a full accompt of the manner of my securing him; and of the security given me since for his appearance, when he shall be required; also how the company here (contrary to his highness's late speciall command in such cases) did refuse to give me any assistance therein, but on the contrary (as formerly in the business of that traitor Waites) such among them as are of his party, and have abetted him in his misdemeanors, have manifested their rage against me, stirring up the burgers and all the disaffected persons to the present government to murmur and rayle against me; which I doubt not but your lordships will please to take into your consideration; that as its expected I should discharge the duty of my place, soe the company may be made sensible, that they ought (according to his highness speciall command in his gratious letter of the 10th Feb. 1653) to assist me therein, and not by their opposition to example this senate and cittie to to sleight his highness's honour and requisitions by his public minister, as of late they begin to doe, seeing the subjects of the comonwealth soe notably to dispute and triffle with the commands of his highness. When your lordships shall have leasure for it, I humbly desire you will be pleased to peruse the inclosed paper, which yesterday I sent to the court of the company heere, by which it will appear, in what manner they intend to understand and observe his highness's commands, if they be permitted therein, a copie whereof they doe by this post send to the company of London, who, I presume, will appeare in favour of the company heere, if not to the countenancinge of Mr. Townley; to send a messenger for him, and to signifye to the company here your resentment of their neglect of duty; that this senate and all public persons here resideing may see, that his highness will maintayne his honour abroad equall with other princes and states; and that his public minister among them shall be duly owned and countenanced in the doing of his duty.
I shall ever remaine
your lordships most humble and obedient servant,
Hamb. 4 Nov. 1656.
A letter of intelligence to resident Bradshaw.
In the possession of the right hon. Philip 1. Hardwick, 1. high chancellor of Great Britain.
Right honorabel sir,
Since my last of the 10th of November, which I sent by the frydaye's post from hence directly for Hamburgh, there is nothing passed of any note. Not any action is passed betwixt the two armyes, they are not come so neere one to another. The Swedish trupps are yet a marching to Grandentz to their generall rendevous; and to that purpose there is at Grandentz, made for the Swedes a bridge to passe the river. The duke hath also sent thether two regiments of foot, and three squadrons of horse for to joyne with the Swedes. The king of Sweden is gone from Frauenburgh to the army, and makes all the haste hee can to bring his forces together; but the duke himselve remaines at Coningsberg, and does not goe to the army, neither doeth the prince Radtzivill goo to the Swedish army, who is alltogether allreadie recovered from his woundes done by the Tartars. The Polish army is neare about Danzig: if hee bee verie strong or not, it is not knowne. The king himself is not yet come to Danzig; and there is a great faction in the citie amongst the counsell there. Some will not let the king come into the citty, and some will have it. Some of the counsell of Danzig have been with the king of Poland two meiles from the citty, who is bringing his unruely souldiers into a better order by the assistance of that cittye's forces, the Poles having allreadie done much hurt to that citty by burning and plondering the country houses, &c. The French embassadors and the Dutch embassadors are yet in Danzig. The French have sent a gentelman to the king of Poland to demand audience; what answer hee hath brought I know not yet, but with the next post I shall heare of it; for I am very well acquainted with his secretary, and also with the embassador himselfe; and so soone as their will bee any hopes of treatie, I shall without faile impart all to your honour. The king of Sweden hath sent from Frauenburg, in all haste, the lord Tott (a verie gallant man) in quality of an extraordinary embassador to the king of France, because his envoye, secretarie Courtin, (who was sent before from his majesty theither with divers letters and writings of great importance goeing for for France and England) is taken prisonner by the Danzigers, whereof I have made mention more largely in my last letter of the 10th currant. I wish it may bee arrived at Hamburg in due time, for their was store of newes in it. Not having more at present to add, I subscribe,
Yours to command.
Elbing, 14 Nov. 1656.
Ther are arrived five hundred Scotch souldiers for the service of the king of Sweden of the former Scotch regiment, which came heither before; and three compagnies of them; which lay in garrison in the citty of Thorn, dyed the most part of the plague.
A mons. mons. le resident Bradshaw presentement à Hamburg.
A letter of intelligence.
Stettin, 14 Nov. 1656. [N. S.]
Vol. xliv. p. 38.
They believe here now, that Riga is at present free from all siege; and this is the general opinion of all men, and that there is some mutiny and disorder in the army of the Muscovites, which is said to be the occasion of the raising of the siege by them.
His majesty of Poland is come within a mile and half of Dantzick, and supposed to be in that town ere now. His army was marching directly upon Dirschanu, which place he is said to intend to assault by storm. The Poles and Tartars do commit incredible insolencies wheresoever they come, and do live most cruelly above measure with those of the countries, with plundering, firing, and ravishing women and maids: this is their daily work. His majesty of Poland had caused already above thirty of them to be hanged, and no more were condemned.
His majesty of Sweden is at Brandenburgh, where he and the duke are to have a conference together; and then afterwards he is to follow his army, which is at present between Grandents and Dirschauw. Some believe, that there will be some engagement between them; otherwise that the Swedes will lye there, and by that means consume the army of the Poles.
The lord Rosenhaen is said to officiate by provision in the place of the deceased lord chancellor
Boreel, the Dutch ambassador in France, to Ruysch.
Vol. xliv. p. 36.
I Am assured by a very good and true hand, and I have consent to write to their high and mighty lordships, that the treaty formerly held at Madrid is broken off, and that no peace is yet likely to be concluded between France and Spain; so that they think upon nothing but warr. It is also true, that they add hereunto, that the fault is on the side of Spain. This business is to be circumspectly communicated where it doth belong.
Paris, 14 Nov. 1656. [N. S.]
Mr. J. Aylett to the protector.
Santo Domingo, Nov. 4, 1656.
Vol. xliv. p. 43.
Your hihnes may be pleised to take notic, that wee are here att presantt a pore parsill of your subgeckts, which were led by your army, and myselfe and company tackin in Feb. laste, being lowdin with prowishons, and bound for Jemeco from New England, that are in great distress, and lye under the burdin of many afflexshions; and humbly crave of your hines to take sum course for our redress, for we are dayly shipped from this porte to the Maine and to the Havana, but for what intente I know nott, but I feare it is a prowlonginge of our misery, unless we have sum redresse from your hines. Here is a new govenur sent from Spaine, which hath bin a sowlgur, for he intends to fortifie this plase with all expedishon, butt att presantt hee hath done lettell, unless hee hath sent away the English. Here hath bin sins my cuminge to the plase severall ships of Flemings from Spayne, with sum six hundred sowlgurs, much powder and arms; sow that they are well subplied with all necessaryes for ware. Here arrived sum ten days sens a Dutch fregatt from Spayne, only with advise, that your hines had a flete uppon the cowste of Spayne, sow that thar war now cuminge for theuse partes, butt they intende, that what shippinge are bounde for Spayne, shall tuch at the Cannaries for advise, sow that they intende to prosede for Spayne, if possabull; but if nott, I do suppose they will for Holland, for here is a very rich ship to depart from hence in forty days, and that is hur intended voadge; the Dutch standinge by them much, and have promised to carrie them by waye of our North channell. Thay have bought of the Dutch a fregatt, that shall carrie twelve pesies of ordinans, a purpus for to kepe betwext Cora upon the porte Aneckow and this plase, which I heard will dow much mischiefe in the tacking of small vessals, that may be bounde for Jemeco. Sow ass I beinge one of your hinesses faithfull subgeckts, I have thought it fitt to make boulde to wrightt this lines to give you advise of prosedings here; and I houpe God will in his good time worke my deliverans, sow that I may live to sarvie you in this good cawse of God's, that your hines have now undertaken, which I dow beseech God to macke prospurs. I rest
Your hinessies moste humbull and faithfull sarvant,
For his hines Oliver, lorde protecktor of England, &c. this presentt at Whittehall, per a friend.
Mr. Tho. Herbert clerk of the council in Ireland to secretary Thurloe.
In the possession of the right honourable Philip, lord Hardwicke, lord high chancellor of Great Britain.
The enclosed are translated coppies of letters written in Irish characters, and lately found here about one Donnogh or Dennis Brien, an Irish merchant, sometimes of Gallway; by whose examination it appeares they were delivered to him by one John Blake, a broker, well knowne upon the exchange, whose lodging is at a Ribbon-makers house, in an ally neare the black-bull in Coleman-street. The councel have commanded mee to send these papers unto your honor with this account, leaveing it to you to make such further proceedings therein, as your honour shall conceave fitt. I am
Your honor's most humble
and faithfull servant,
Dublin, 4 Nov. 1656.
In the possession of the right honourable Philip, lord Hardwicke, lord high chancellor of Great Britain.
I Am very sorry, that I have not heard from you this long time. My news to you is, that I am in health, neither poor nor rich, but from the hand to the mouth: and so is Turlagh in health. A parliament is here, and this day they sat. Soldiers they are making in abundance here against the Spaniards, and Charles Oge Fitz /Charles Stewart Charles, whom they much threaten against us here. There came a proclamation hither against every one, that took arms with the said Charles, to banish him from London for six months. William Borke Fitz sir William, sir Robert Wailsh, sir Lucas Fitz Edward, and many more else were committed to the tower the last night; we nor themselves do not know yet what their events will be. My lady Taasse/lord Taasse is here for the last week. She is a good friend to me. Her daughter was married here to a rich English merchant: they are well. My lord is constantly with Charles/Charles Stewart. We doubt not but wee shall have a good penny-worth of hats to send to you. Peace is concluded betwixt the Spaniard and the French. The Polander has cruelly beat the Sweedlander. The Venetian gave a great overthrow to the Turk lately. I never got a word from Mr. Napell the merchant. If they use you well, it is a great fortune in respect how gentlemen are used here. Walter Kettagh/an Irish captain and I are upon one board for a quarter of a year throughout London, where we can get good meat and drink, while we have a penny lasting. He complains much of his wise, of a lieutenant colonel in Conaught,of Teigh Regh, and of you, for not sending him an advice, whether he should go Ireland or no. I likewise do intreat you to send me one letter by Mr. Cleere, and your advice, whether I should go westward/Ireland or not; and how doe all my friends there, in particular which of them died. I have heard, that Daniel o Lynche is dead. God be merciful unto his soul. I hear never a word from /Rogerto Hartean Irish captain now in Connaught. Now send this letter and all other letters from me to Owen o Connor, with my thousand commendations to him, to yourself, and to all other my friends in that way.
Your servant till death,
and your dear cozen,
Lond. Sept. 18, 1656.
Your superscription shall be,
For Mr. James Cleere, merchant, living in Bridgstreet in Dublin, to be directed unto B. B. and he knows where to direct them.
After the sealing this letter I have received a letter from Andrew Oge, giving me to understand of the death of Edmond Daniel Oge, and Brien o Strile, priests. He does not write how, but only one Hugh Mc Neale o Harte hath taken him, therefore I understand that he was put to death. It is a miserable world. Direct your letter to Peter, and he will send it all one, and it will come from thenceforth. Fear nothing, yet let nothing be in it, but the news of the country and your advice. I shall get meat and clothes here it self, and to do any one business daily. I am glad, that the two girls and the whole number are in health, as I lest them. Send me news, how does all my brethren, and the whole number. I durst not go thither for fear of the son of Nile o Harte. Send me news who lives in court, and in all other towns there, since the religious men be gone. I am glad, that the children of Thomas are well, as I hear by Andrew Oge, and I hope William o Malertt is likewise.
These, for Mr. Andrew Crean, or Mr. Peter Crean,
or either of them, at Sligoe, to be delivered to Mr. Phelin Connor, via Athlone.
London, 26 September, 1656.
In the possession of the right hon. Philip l. Hardwick, l. high chancellor of Great Britain.
I Could have sent you the full of this paper, but that the messenger is in great haste. The substance of all my news is this, the Venetians have given a great overthrow to the Turks. The Polanders have given lately a greater overthrow to the Swedes. The Spaniards hath used the French like cats and dogs in all places this year. In Catalonia, and in the low countries peace is almost concluded between the Spaniard and the French. Charles e Fitz/ Charles Stewart Charles and Philip/king of Spain, agreed one with another. He is in the Low Country, and hath one hundred pounds a day, and winter quarters for good men and bad men, that will come to him. We are making an army enough against him. William Borke fitz/a colonel in Ireland fitz sir William, sir Robert Wailsh, sir Lucas fitz Edward/sir Luke fitz Gerald, and a great number of the nobility of England were committed yesterday to the tower. God bless the belly that bears it, alias God save the mark. The parliament sits here now. We do not know what they will do yet; for by your own hearty hand, tho' I am long in London, there did none of the council impart any of his secrecy to me yet, yet notwithstanding all the commonalty will know of it without delay after it is done, juxta illud, nihil est occultum quod non revelabitur. a captain Walter/Kittagh and myself, for this year, are upon one board here. It were better for Ellen, for you, and for John Brown, to be in the ground than to see him, because neither of you have written to him, whether it were fit for him to go westward/Ireland or not to go. The hat I promised to send to Andrew, let him not mistrust; but he shall have it ere it be long. The greatest want that Walter is in, is to know news in partitular from his friends, and their advice to him, what is best for him to do. My prayers brought you from the gallows, and for that be not unthankful to your servant till death, that is to say,
I am in health, and have liberty to do my own busines daily. I am not in want, yet notwithstanding I have no money to lend.
These for Mr. Teige o Dowd, at Castle Conor, in the county of Sligoe, present.
Recommend to Mr. Ambross Lynch fitz Thomas, to be directed as aforesaid.
General Monck to secretary Thurloe.
Vol. xliv. p. 55.
I Have received your letters, and am glad to heare that generall Mountague is safely arrived with the prizes. I hope we shall shortly know what value they are of, which is much desired heere. I returne you most hearty thanks for the care you have had of my **; and truly, if I may bee able to express my gratefulness to you by serving you in any thing, that shall come under my part, you shall finde me very ready. All the reason, that I put my friends to some trouble in this businesse is, for that I doe not desire to bee troubled with law-suites for the performance of any thing, that hath bin sold by myselfe. I wrote to you formerly about one Mr. Hamilton, whome I imprisoned heere for speaking the words I acquainted you with; and having since received this account concerninge him; I thought fitt to send it to you that you might know him the better, and shall desire to know how to dispose of him in regard he hath an. . . . England. I remayne,
Your most affectionate servante,
Dalkeith, Nov. 4, 1656.
Intelligence from Spain.
Peter Fernandes Muntero, who manages the intelligence in Portugall.
Vol. xliv. p. 30. In the handwriting of secretary Thurloe.
That there were in Cadiz, thirty saile of men of warr, whereof fourteen were galleons, from forty guns to sixty six, the other of lesser strength.
That there were two condes sent from Madrid about the middle of September, as speciall commanders to joyne with the duke of Medina Celito to set forth to sea the sayd thirty ships.
That there are in the ports of Biscay about ten sayle, which they intend to joyne with the rest to make them forty in all; and most of their men they expect also from Biscay.
That they would fight the English fleet, if they were strong enough. If the English fleet should be too stronge, they designed to get out as they could by degrees, and make their rendevouz at the Canaryes, from whence they would go to the West Indies and assault Jamaica, to remove the English from thence.
That they had sent advisors to the islands, where their West India silver fleet were to touch, to give them notice, that they should not come into Cadiz, but make towards the Groine, and disperse themselves into severall ports.
Nov. 4, 1656.