Charles I - volume 270: June 21-31, 1634

Calendar of State Papers Domestic: Charles I, 1634-5. Originally published by Her Majesty's Stationery Office, London, 1864.

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'Charles I - volume 270: June 21-31, 1634', in Calendar of State Papers Domestic: Charles I, 1634-5, (London, 1864) pp. 87-102. British History Online https://www.british-history.ac.uk/cal-state-papers/domestic/chas1/1634-5/pp87-102 [accessed 24 April 2024]

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June 21-31, 1634

June 21.
Westminster.
1. Grant under the privy seal, in consideration of good service, of a pension of 100l. per annum to Thomas Elliott, late one of the pages of honour. [Seal gone. 25 lines on parchment.]
June 21.
Whitehall.
2. Lords of the Admiralty to Sir John Pennington. Incloses copy of the petition of Juan Palomino. [See Vol. cclxix., No. 103.] Pennington is to examine and certify the truth thereof, and to cause the prize mentioned therein to be stayed. [1 p.]
June 21. Copy of the same. [See Vol. cclxiv., fol. 27. ½ p.]
June 21.
Lambeth.
3. Archbishop Laud and Bishop Juxon of London to the English Merchants residing at Delft. Are commanded by his Majesty to signify that Mr. Beaumont, chosen by joint-consent of their company to be their preacher, is a man learned, sober, and conformable, and that they are to receive him with all decent and courteous usage, and to allow him the usual ancient stipend which Mr. Forbes lately received. And further, that the deputy and every other merchant residing in those parts is to conform to the doctrine and discipline settled in the Church of England, and frequent the Common Prayers with all religious duty and reverence as well as they do sermons, and that yearly, about Easter, as the canons prescribe, they are to name two churchwardens and two sidesmen, who may give an account according to their office. And Mr. Beaumont is to take notice, that he punctually keep the orders of the Church of England as prescribed in the canons and rubrics. If any of the company shall show themselves refractory, he is to certify his name to the Bishop of London. And these letters they are to register and keep, that they who come after may understand what care his Majesty has taken for the well ordering of the company in Church affairs, and are to deliver a copy to Mr. Beaumont. [Attested copy. 1 p.]
June 21.
Ballingham.
4. William Scudamore to John Viscount Scudamore. On the 20th inst. the writer repaired to Mr. Lingen's house, and showed him the petition to the Council and the letters of the Council, which he read. The writer then desired to know whether he would avow the petition; his answer was, that he would avow it, but not the delivery thereof; and said that it was preferred without his knowledge; but that he would come before the Lords to be heard before the end of this month. [Seal with arms. 1 p.]
June 21. 5. See "Returns of Justices of Peace."
June 22.
Greenwich.
6. The King to Archbishop Laud. Has taken the state of the archbishoprics and bishoprics into consideration, that he may be able to preserve that livelihood which is left to them. Finds that of later times there has not risen a greater inconvenience than by turning leases of twenty-one years into lives, for by that means the present bishop puts a great fine into his own purse, and leaves his successors to the King and the Church. The statute makes it lawful for a bishop to let his lease for twenty-one years or three lives; but time and experience have made it apparent, that there is a great deal of difference between them, especially in church leases, where men are commonly in years before they come to those places. His Majesty commands that notwithstanding any statute or other pretence, the Archbishop presume not to let any lease into lives which is not in lives already; and further, that where any fair opportunity is offered the Archbishop, he fail not to reduce such as are in lives into years. And also, that these letters may remain upon record with the Archbishop's registrar, and with the registrar of the Dean and Chapter of Canterbury. [In the handwriting of William Dell, with the date and address inserted by Sec. Windebank. Indorsed, "All the bishops in the kingdom had the like. Signet attached. 1 p.]
June 22.
Greenwich.
7. The same to Bishop Mountague of Chichester. Similar letter. [1 p.]
June 22.
Greenwich.
8. The same to the Dean and Chapter of Chichester. Similar letter. [1 p.]
June 22. 9. Petition of Isabella Lady de la Warr and of Charles Lord de la Warr, her son, the King's ward, to the King. Cecilia Lady de la Warr, the ward's grandmother, enjoyed, as her jointure, land of the value of 700l. per annum, and a pension of 500l. per annum, granted by the late King in respect of the great expenses of the ward's grandfather in Virginia. Lady Ann de la Warr, the ward's great-grandmother, died about a year since, and the Lady Cecilia enjoys the manor of Tuckington, parcel of the Lady Ann's dower, worth 200l. per annum, and sues in the Court of Wards, for the manor of Westover, worth 200l. per annum. The cause came to be heard in the Court of Wards, and on the motion of the court both parties consented that the court should make an arbitrary end. There depends also another suit in that court respecting a lease for lives of a parsonage impropriate, worth 300l. per annum, which Lady Cecilia suffered to be forfeited and sold. Lady Cecilia enjoys, with her pension, about 1,400l. per annum, besides the manors she sues for. Both petitioners have but 100l. yearly, besides what they pay to his Majesty out of the estate of the ward's father. Lady Cecilia now refuses to to stand to the award of the Court of Wards. Pray for a reference to the Master of the Wards and the rest of that court. [¾ p.] Underwritten,
9. i. Reference to the Master and Council of the Court of Wards to compose these unnatural suits. Greenwich, 22nd July 1634. [¼ p.]
June 22.
Prinknash.
10. Sir John Bridgeman to the Council. Report on a petition referred to him by the Council. John Vanham and his wife being seised, in right of his wife, and for her life, of a tenement in the petition mentioned, about nine years ago demised the same to John Goddard and his wife for twenty-one years, at the rent of 24l. per annum. Goddard's wife lived there until March 1633, when she was ousted by Vanham on pretence that Goddard had surrendered the lease. Mrs. Goddard was at great charge in repairs. Does not find that Goddard surrendered. The writer suggested terms of compromise, but Vanham having got possession, and the lands grown to be of better value, refused to yield thereunto. [Seal with arms. 1 p.]
June 22.
Frankfort.
11. John Durie to Sir Thomas Roe. Roe's last letter, full of encouragements, accompanied with the double talent which the Bishop of Durham has contributed, has refreshed Durie's spirit; for all is come as seasonably as a fruitful rain upon the parched ground. Has but newly arrived at Frankfort and does not fully understand the state of affairs; only this he has found, that his presence has been wished for, and is acceptable. Cannot as yet settle any platform of proceedings to compass the intention of a public act from this Diet which Roe persuades him to aim at, and which he will labour to obtain; as soon as anything is done he shall know. The Archbishop of Canterbury's letter to Sir Robert Anstruther is as much or more a restraining of him from meddling in the business and assisting Durie than an encouragement to further it; nay, in effect it is an express prohibition or command not to speak any thing for Durie or the work in the King's name. Durie suspected as much, therefore this was a secret cause why he would first go to Hamburgh, that he might know by Anstruther's letter what he had to trust to. What Anstruther can do in his private way he will not fail to do. The news is that Gustavus Horn and Duke Bernard are marching one towards another to meet; the one is in Bavaria and Duke Bernard on this side the Danube. Ratisbon besieged by the imperialists is in no great danger. Bannier is marching into Moravia, the Saxons keep Silesia and draw towards Bohemia. Ten thousand Italians are to come through the Grisons. If the French King be honest to the cause he will stop their progress. His ambassador has had a solemn audience to propose the terms on which he would assist the Swedes with 20,000 men. — P.S. Specially recommends Mr. Hartlib, who will send any thing to Durie which Roe would have communicated in a secret way. [3 pp.]
June 22. 12. See "Returns of Justices of Peace."
June 23. 13. Bishop Bancroft of Oxford and Charles Tooker, to Archbishop Laud and Lord Keeper Coventry. Report on a reference respecting differences between Mr. Dawson, chaplain of Maidenhith [Maidenhead], and the inhabitants there. They repaired to Maidenhead and as they conceived brought the parties to a full agreement. The inhabitants were willing without dispute to pay Mr. Dawson his salary of 4l. and 10s. for arrears; and whereas Mr. Dawson demanded but 3d. a week for every scholar that learned English only, and for such as learned to write and read, or to cypher, or learn grammar 4d. weekly, the inhabitants were persuaded to give him 4d. for one and 6d. for the other. Thirdly, instead of allowance of charges, the inhabitants made him a present of 5l., with 10s. towards repair of an old hovel in his back yard. The writers then conceived the business ended, but on receipt of a further letter they repaired a second time to Maidenhead, where the inhabitants offered to repair Mr. Dawson's dwelling; but he would not come to an end unless he might have another house and certain lands which he pretends belong to him as chaplain, which the inhabitants deny, affirming their own right; and thus the treaty broke off. [1 p.]
June 23. 14. Duplicate of the above.
June 23.
Exchequer Chamber.
15. Certified minute of the decree in the Exchequer Chamber in the cause of the Mayor and Burgesses of Newcastle-upon-Tyne versus Henry Hilton. It was decreed for the plaintiffs that the defendant's brewhouse should be demolished, as was the case at North Shields. [¼ p.]
[June 23 ?] 16. Notes of Records to be produced on behalf of the Mayor and Burgesses of Newcastle-upon-Tyne in the above cause. [2 pp.]
June 23. 17–18. See "Returns of Justices of Peace."
June 24. 19. The King to the Master and Fellows of New College, Oxford. Recommends John Windebank, son of Sec. Windebank, and now scholar at Winchester, for election to the next scholarship that shall be void in their college. [Draft in handwriting of Sec. Windebank written under a previously written draft by Robert Reade. 1 p.]
[June 24 ?] The same to Archbishop Laud and others, trustees of the Charter House. Recommends Robert Jones, late haberdasher to his Majesty, for the first pensioner's place that shall become void (after placing such as have obtained former letters) in the hospital founded by Thomas Sutton. [Draft written on the same sheet of paper as the preceding. 1 p.]
June 24. 20. Petition of Blanche Lingen, wife of Edward Lingen of Stoke Edith, co. Hereford, to the King. States her parentage, marriage, children, ill usage by her husband, suit and decree for alimony, her husband's refusal to pay the same, and the finding him a lunatic, (except with reference to the ill usage,) almost in the terms of his petition calendared under 5 June inst., Vol. cclxix., No. 25. After being found a lunatic, the Court of Wards removed him from Ludlow, where he was in prison, to his own house at Stoke Edith, where he had remained for nine years, and petitioner having the management of his estate under Lord Scudamore, who was his committee, had paid near 3,000l., of his debts, discharged mortgages, stocked the land with cattle, and managed the estate as well as may be. Petitioner had also married her son and heir to a daughter of Sir Walter Pye, who had lent money to pay off Lingen's debts, and was to give 1,000l., as a portion when a jointure was made. About a month since her husband by the incitement of his brother of the half-blood, Richard Shrimpton, had fallen at variance with petitioner and deserted his children, being near four score years of age and very weak. Prays reference to some of the Council to mediate a peace in the family, which has continued in co. Hereford for five hundred years. Underwritten,
20. i. Reference to Archbishop Laud, the Lord Keeper, and the Lord Privy Seal. Greenwich, 24th June, 1634.
20. ii. Appointment by the referees of the 10th October next to proceed with the reference. 3rd July, 1634. [In the wholep.]
June 24.
St. John's [College].
21. Dr. William Beale, master of St. John's College, Cambridge, to Sec. Windebank. Acknowledges Windebank's care of the writer's self and college, in backing their reasons why they should not pay the charges concerning the commission. But since, they have had a letter from their Chancellor wherein they are charged, as from his Majesty, without delay to pay these charges. Upon supposition of his Majesty's royal command they are ready to give satisfaction. The writer is bold to tell Windebank, that if his Majesty would bestow upon them some eminent fellow, the writer would have hope of raising St. John's in a short time. Now Dr. Lane is dead, the writer thought it his duty to commend Henry Masterson, of Christ's College, a man eminently worthy, and such a one as they much need. [1 p.]
June 24.
Dover.
22. James Hugessen, junior, to Nicholas. The writer and most of the Merchants and Adventurers within Dover and Sandwich have been examined by a commission granted from his Majesty to Mr. Murray, upon interrogatories that seem very strange and grievous, respecting shipping set to sea by commission out of the Court of Admiralty against their then enemies, and yet when their shipping brought in any prizes they compounded and paid all duties due to his Majesty. Now they understand that Mr. Murray's commissioners have sent writs for the writer's uncle Nicholas Eaton, who was mayor last year, and for Mr. Kemp, and for Capt. Percival, to appear before them at London. Requests Nicholas to stop their further trouble, and to inform himself what offence they allege against the writer and others, especially against his uncle Eaton, for that he is aged and sickly, and if he must come up they doubt it will cost his life. [Seal with arms. 1 p.]
June 24. 23. Receipt of Anna Lady Wake for 100l., paid by Edward Viscount Conway and Killultagh, being half-year's annuity due 1st May last, by indenture of 10th May 1633, granted to Richard Moore and Grimbald Pauncefoot, upon trust for Lady Wake. [1 p.]
June 24. 24. Book of Household Expenses of Edward Nicholas, kept by his housekeeper at his house in Westminster, for every week from the 24th June 1628 to this day. The entries are generally thrown together daily as follows:—"For mutton and butter and wheat and meal, 5s. 4d." Nicholas has occasionally entered payments, probably made by himself, with more particularity, ex. gr., "For 8,000 beechen billets at 16s. 6d. per thousand, and 4s. 4d. piling, 6l. 16s. 4d.; for 5 chaldron of coals at 18s. 7d. per chaldron, besides to Mrs. Newby 2s., and a man to help her 1s. 6d." The total expenses for these years were 207l. 12s. 7d.; 203l. 4s. 3¾d.; 223l. 4s. 6d.; 226l. 10. 9½d.; and 242l. 11s. 5¼d. [79¼ pp.]
June 25.
Greenwich.
Proclamation that Captain Thorneff Francke having obtained the King's letters patent for an invention for saving fuel and lessening the great annoyance of smoke which is so much obnoxious in London, and having complained that persons without his licence made use of his invention, a reference had been made to Sir Henry Spiller and Lawrence Whitaker, who had reported in favour of the invention as a saving of fuel, iron, labour, and of the offence of smoke, whereupon all persons were charged to abstain from encroaching upon the said invention, and notice was given of the great benefits which would result from using the same. [Coll. Procs., Car. I., No. 179. 2 pp.]
June 25. 25. Phineas Pett to Lords of the Admiralty. Certifies that during his employment at Woolwich, in building the Prince Royal and Merhonour, there was twice allowed a proportion of waste timber for repair of the highway leading from the town to the dockyards. [1 p.]
June 25.
Greenwich.
26. Sec. Coke to Sir John Pennington. A Holland man-of-war has this week taken a shallop which carried over the letters for foreign parts, as well those sent for his Majesty's service as the merchants' letters. Some he sent back to Calais, others he retains. If Pennington find that man-of-war, he is to seize the captain and stay the ship. Has given order to the Lieutenant of Dover to send Pennington the names of the ship and captain. If Pennington can dexterously get them into his hands he will do his Majesty good service. [Seal with arms. 1 p.]
June 25. 27. James Earl of Carlisle to Sec. Windebank. The King's pleasure is that a privy seal be drawn with order for payment of 500l., upon account to Sir Harry Mervyn, his Majesty's servant. [Seal with arms. 1 p.]
June 25. 28. Receipt of James Wemys for 3l., paid by the farmers of the alum works, being one quarter's pension for a school at Kirk Leatham for children of the poor, employed at the alum works. [½ p.]
June 26.
The Charles, in Plymouth Sound.
29. Sir John Pennington to Lords of the Admiralty. On the 15th inst. he found the rest of his fleet off the Land's End, and ever since they have lain to and again between that place, the Lizard, Ushant, and Scilly; but can neither find nor hear that any Turks have been upon the coast, nor any other that hinders peaceable traffic; only a small Biscay man-of war or two, with two or three shallops, which lie pilfering between Lundy, and Mount's Bay, which rob small vessels that trade between Ireland, Wales and that place; but he cannot hear they take anything but victuals, yet that makes a great noise among poor men. Has used all the art he can to meet with them, but they lie so amongst the rocks close to the shore, that he can do no good on them with ships; and besides, they have such intelligence along the coast, by reason they trade with them, that they give them notice, by reason whereof they still shift from them. The way to prevent this is, first to call all such in question as harbour them, or furnish them with victuals, and secondly, to have two or three small vessels to go with the fleet for the hunting out these picking rogues. Their greatest haunt is about Whitson [White sand] Bay, Lundy, in St. George's Channel, and the mouth of the Severn, yet on Monday last he had intelligence they were in Mount's Bay, at anchor within Mouse-hole, whereupon he caused the Whelps to disguise their ships, and sent them to see if they could entrap them. The next day the Garland and the writer had a chase that drew them that way, and in the night arose a very sore gale which forced them in there last night, so that as yet he hears no further. Since his coming in there he has received the letter of the Lords of the 21st inst., and in it a copy of a petition which a Spaniard presented. Has sent for Capt. Ketelby, and the principal officers of his ship, and examined the business concerning the Holland prize, and what passed between the Dunkirk man-ofwar and Ketelby, which examination the writer incloses; but for the prize she went away this day se'nnight. So soon as the wind is a little abated purposes to stand back to the Lizard, and after four or five days to come to the Downs to receive their supply of victuals. [Seals with crest. 1 p.] Inclosed,
29. i. Examination of Capt. Thomas Ketelby, Kenelm Digby, his lieutenant in the Garland, with the master, master's mates, boatswain, and gunner, concerning a Spanish prize that was taken by the Hollanders coming from the West Indies. They met her off Salcombe on the 6th inst.; Ketelby caused her master to come aboard and found the ship to be a prize as before-mentioned. Being in distress for want of water they relieved him with a hogshead, and whilst hoisting it out, up comes a Dunkirker whose captain was likewise commanded aboard, but on showing his commission was discharged, who went away and never so much as demanded the prize, but said he supposed her to be a Frenchman, otherwise he could have taken her in the morning. Never made shot nor used violence in defence of the prize, but they standing for Plymouth, the prize stood with them and anchored in the Sound where they left her. Capt. Ketelby added, that meeting the petitioner in the street by accident, he desired Ketelby to bring or force the prize under command of the forts, to which Ketelby answered, that he knew not by what warrant he might do so. [1 p.]
June 26.
Plymouth Sound.
30. Sir John Pennington to Nicholas. Does not find that Capt. Ketelby has done anything but what he may very well answer about this prize; it had been a dishonour to the King to have had him taken away so near his ships, and the shore, and it was also good fortune to the captain, for he has got more by it, as Pennington hears, for it was wholly kept from him, than Pennington has got in all the employments he has had, besides his pay. But much good may it do Ketelby, Pennington is glad of his getting, if it be without exaction and dishonour to the King. Lord Van Dorp and all his great fleet did their duties to the King to the full, and never offered to put out any colours, and came aboard to dine with the writer. Lifehaber, another of their Admirals who lies in the Channel's mouth, does the like, how long it will continue the writer knows not; he has likewise a brave ship of 45 pieces of ordnance, the same Lord Van Dorp had last year, and three other proper ships with him. The French King has four ships abroad which lie about Conquet and Ushant. They have not yet met. When they do he believes they shall have a little tugging about their flags, for they have good ships, well manned, and two of the commanders are Knights of Malta and principal men. Perceives Sir Richard Plumleigh will have the place, though by the way of purchase; much good may it do him, for the writer's part he would not give one shilling for either of their places. Will be in the Downs in seven or eight days and then back to those parts till towards Michaelmas. [2 pp.]
June 26. 31. Copy of the same, except the final paragraph. [2 pp.]
June 26.
Seadbury.
32. Sir Thomas Walsingham, Vice-Admiral of Kent, to Nicholas. Having intelligence that there was a ketch which lay at Halstow, which had in her 60 barrels of Low Country soap, he has caused her to be stayed, and the goods to be seized. The ketch has lain hovering ever since Whitsuntide, with intent to land this soap, Prays Nicholas to acquaint the Commissioners and know their pleasures. The merchant hopes to prevent the writer, and have his goods again. Begs Nicholas's advice whether to proceed in the Admiralty Court, to condemnation of the ship and goods. [Seal with crest. 1 p.]
June 26. 33. Direction, indorsed "for Sec. Windebank; Lord Newburgh," for a letter to be written to Sir Edward Moseley, Attorney General of the Duchy of Lancaster, and Sir Gilbert Gerard, clerk of the Duchy Court, signifying his Majesty's pleasure that he having given warrant for commissions of survey of the wastes and moors of the hundred and forest of High Peak, co. Derby, they should attend the execution of the same, and take with them such surveys and and records as should be necessary for discovering his Majesty's right. [½ p.]
June 26. 34. Receipt of Richard Leake for 10l., paid by the Farmers of the Alum Works, being a quarter's pension due 24th inst. [½ p.]
June 26. 35. Statement of outrages committed by John Derickson, alias Mal-Jan, with his associates, within his Majesty's havens, the which Derickson with two of his company are now in the gaol of Yarmouth to receive their trial. The outrages alleged are seven in number, three in connection with his boarding and plundering the Lion of Dantzic and the White Hound of Dantzic in the Tees, one relating to the capture of a hoy of Hamburg freighted by Sir John Lister and other merchants of Hull, and three to his chasing a Hollander into the harbour of Yarmouth and there rifling her. All these circumstances occurred in the month of May last. [From the indorsement it appears that this paper was extracted by Mr. Buttolph [of Yarmouth, formerly bailiff,] out of divers depositions. 1½ p.]
[June 27.] 36. Petition of Inhabitants of Wells Ducis, co. Norfolk, to the Council. About 14 [?] years since, petitioners disbursed 240l. in building a quay in Wells, which is utterly lost for want of repair. Petitioners, in obedience to their lordships' letters of 8th March last, have articled for re-building part of the quay aforesaid, and have already spent 40l., and tied themselves for 55l. more, this being so much as could this year be effected; and the charge of the next year is estimated at 60l. more, which charge and the yearly repairs petitioners are no ways able to undergo. The Lords declared that if petitioners should make it appear that they ought to be eased, they would extend relief therein. Pray that all persons taking benefit of the quay may contribute towards the future maintaining of the same.
June 27. 37. Petition of Merchants and other Adventurers of Dover to the Lords of the Admiralty. A patent being lately obtained touching reprisal goods supposed to be concealed, commissions for examining witnesses have been issued forth to divers knights and gentlemen in the country and others nominated by the patentees, who at their coming to sit upon them have neglected many knights and gentlemen, and either refused to sit with them or slighted their company, by which uncivil carriage many gentlemen are much disheartened; and this manner of proceeding after eight years, and payment of his Majesty's tenths and customs, with their charge of attendance upon the patentees' commissioners, will be a great "disparity" to petitioners and others, being at their examining menaced to be sent for up by pursuivants to London if they do not answer interrogatories contrived by them upon oath quite against themselves. For their further vexation they understand that writs are issued to fetch up some of the adventurers, by which course men will be deterred from setting forth ships with letters of marque if any cause of hostility should hereafter happen. Pray redress. [Indorsed by Sec. Windebank, "His Majesty to be moved in this petition. Mr. William Murray." ½ p.]
June 27.
London.
38. Sir Thomas Walsingham to Nicholas. The merchant who owns the soap has brought him three affidavits that it was shipped for Roan [Rouen] in France, and never intended to be landed, neither does Sir Thomas certainly know that it is a prohibited commodity. The merchant will give his bond of double the value to answer it. Upon these terms, and having no proof against him, the writer holds it reason that he have his goods, and has promised him that he shall have them; but he desires Nicholas's advice, for he will do nothing before he hears from him. Thinks it is not worth acquainting the Lords with it, for "we" shall make nothing of it. [1 p.]
June 27.
Star Chamber.
39. Notes by Sec. Windebank of the speeches of the Judges in passing sentence in the Star Chamber upon George Mynne and Richard Dawes for the exaction of excessive fees. The speech of Lord Chief Justice Heath is particularly reported. It goes into a variety of details respecting the several charges, some of which Heath deemed not to have been established. Lord Cottington moved for a fine of 3,000l., which was universally concurred in, Archbishop Laud adding, that "if any had gone higher he would have done so too." [2 pp.]
[June 27 ?] 40. Another paper of notes by the same in reference to the same case. The nature of the extortions complained of is here clearly stated, with the addition of notes of the speech of probably one of the judges. [3 pp.]
[June 27 ?] 41. Breviat or statement in the above case of the fees rightly due to Mynne and Dawes, and the amounts actually taken by them. [4¾ pp.]
June 27. 42. Note of coined moneys of angel gold, crown gold, and silver, with the pix (the privy mark being the portcullis), from the trial of the pix on the 11th July 1633 to the trial of the same on this day. Sum total of gold and silver moneys coined, 260,207l. 9s. 7d.; total in the pix, 243l. 19s. 6d. [¾ p.]
June 28.
Frankfort.
43. John Durie to [Sir Thomas Roe]. Has written to thank the Bishop of Durham for 20l., and thanks Sir Thomas, by whose means it was sent through Sir William Courteen. Ratisbon holds out. Duke Bernard and Gustavus Horn are marching to join their forces, to stop which it is said the Imperialist army have risen from before Ratisbon. Variety of other reports of military movements, and of terms offered by the Emperor to the Elector of Saxony. The treaties of the Diet have hitherto been about things past. The States have sent to the King of Denmark to mediate for a general peace. Difficulties which Durie finds on account of the opposition of the Landgrave of Darmstadt, and a writing which Mr. Hartlib will show him, supposed to be from Dr. Hoe, at the instigation of the Landgrave. Oh, that Sir Robert Anstruther might do as he would! It seems the time is not come that England must be very considerable. Lest Sir Robert should seem to countenance Durie too much, they are obliged to be separate. No more hope of assistance from Lord Chancellor Oxenstiern than formerly. His son is come from England re infectâ. Rumour that a parliament should be called in England, and that the Archbishop of Canterbury persuades the King to it. [4 pp.]
June 28. 44. Appointment by Sir Richard Shelton [Sheldon], Solicitor General, with reference to the petition of Peter Delisle and Thomazin Delisle, widow, referred to him by the Council. John Gibault having duly appeared before the Solicitor General, he now appoints the 3d July next, at 2 o'clock, at his chamber in the Inner Temple, to take the petition into consideration. [1 p.]
June 28. 45. Receipt for 10l., a quarter's rent paid by Nicholas to William Caldwall for house in King Street and Axe Yard, Westminster. [½ p.]
June 28. 46. See "Papers relating to Appointments in the Navy."
[June 29 ?] 47. Petition of [Susan Countess of Denbigh] to the King. Sir Charles Smith was elected executor to the Countess's mother, and left in trust with her whole estate, and has executed the same to the satisfaction of the Countess and her son. He is in danger of conviction of recusancy, whereby he will be disabled in law and made incapable of performing his trust. Prays the King for some few years, till the expiration of the trust, to extend his favour to them and mercy to Sir Charles. [½ p.]
June 29.
Greenwich.
48. The King to the Judges of Assize, Justices of Peace, &c. Sir Charles Smith of Wootton Wawen, co. Warwick, being subject to proceedings on account of recusancy, the King extends his grace to him, and commands that no indictment or information in his Majesty's name be preferred against him on that account. [Copy. ½ p.]
June 29. 49. Petition of Sir John and Sir Edward Hungerford, brothers of Dame Lucy, wife of Sir Allen Apsley, deceased, on behalf of Allen, William, James, Lucy, and Barbara, children of the said Sir Allen by the said Dame Lucy, to the King. His Majesty on 13th May 1630 gave the reversion of the office of Custos Brevium of the Court of Commons Pleas, after the death of Sir Henry Compton (then and yet the officer in being), to Sir Allen Apsley and William Alston for their lives, in trust for Sir Allen, who dying the 20th of the same month, before the grant passed, his Majesty directed that the reversion should be granted to William Alston, which was passed under the great seal at the charge of the said lady. Alston, although he acknowledges that his name was used only in trust, yet refuses to make any surrender unless ordered thereunto. The grant being passed since the death of Sir Allen, the benefit thereof ought to go as his Majesty meant the same; and without a surrender and new grant no present benefit for the children can be raised thereby. Pray a declaration how his Majesty intended the benefit of the grant, and to refer the care of seeing the same performed to some of the Council. Underwritten,
49. i. Reference. His Majesty, intending the benefit of this grant to the children of Sir Allen Apsley, refers the petition to Archbishop Laud, the Lord Keeper, and the Lord Privy Seal, who are to give order for surrender of the grant and regranting, and to take care that the money received be put in the hands of petitioners for the children's advantage. [Petition and note, 1 p.]
June 29.
Whitehall.
50. The Council to Alexander Baker and Sergeant William Clowes, his Majesty's surgeons. They are to make choice of midwives to inspect and search the bodies of those women lately brought up by the Sheriff of co. Lancaster indicted for witchcraft, wherein the midwives are to receive instructions from Dr. Harvey, the King's physician and themselves. [Indorsed, "The prisoners are at the Ship Tavern at Greenwich." 1 p.]
June 30. The King to the Lord Deputy of Ireland. To issue a commission under the great seal there, for securing the estates and possessions of his Majesty's subjects of that kingdom, according to a form entered at large in the private book. [Docquet.]
June 30. The same to the same. To order the Vice-Treasurer of Ireland to pay to Sir Thomas Phillips and Dudley Phillips, his son, out of the Customs in that kingdom, 500l. sterling, in satisfaction of their surrender of an annuity of 6s. 8d. per diem, granted by the late King. [Docquet.]
June 30.
Whitehall.
51. The Council to Justices of Peace for Middlesex. Complaint has been made by Jeremy Turpin [and others], patentees for the sole retailing of tobacco within the parish of St. Giles'-in-the-Fields, co. Middlesex, that great numbers of unlicensed tradesmen daily sell tobacco in that parish, and that others, under pretence of giving away the same, do likewise contemn and elude their patent. Require them, upon complaint by the patentees, to take examination concerning the same, and to commit the offenders to gaol unless they give bond for their obedience de futuro and make such satisfaction unto the complainants as shall be just. [1 p.]
June 30.
Whitehall.
Lords of the Admiralty to Officers of the Trinity House. Send copy of propositions made by the Governor of the Company ct Watermen to the Council [see Vol. cclxix., No. 52.], and by the Board referred to them. Desire their opinions, and especially whether a greater number of watermen than are to every hundred tons may not be employed in each merchant ship, whereby to increase the number of seamen, and whether it may not be fit to employ in the outports, either bargemen or lightermen, and what course they conceive best to be taken for performance of what shall be held fit. [Copy. Vol. cclxiv., fol. 27. ½ p.]
June 30.
Whitehall.
The same to Sir Henry Marten. Such of the goods lately brought home in the Great Seahorse as are already come to town, and the rest as soon as they shall arrive, are to be sold, and the proceeds to be deposited in the Admiralty Court. [Copy. Vol. cclxiv., fol. 27. ½ p.]
June 30.
Whitehall.
Lords of the Admiralty to Lord Treasurer Portland, Vice-Admiral of Hants. The Lords are informed that Capt. Theobald, a Frenchman who some time lived in the Isle of Wight, has lately carried over into foreign parts divers of his Majesty's subjects, without licence, and makes this an ordinary practice. He is to give order to apprehend Capt. Theobald and make stay of his vessels until further order. [Copy. Ibid., fol. 27 a. ½ p.]
June 30.
Whitehall.
The same to Capt. Hannibal Bonithon. The King having appointed him to be continued in the place of Lieutenant of the Castle of St. Mawes, Cornwall, he is therefore confirmed therein during pleasure. [Copy, Ibid. ½ p.]
June 30. The same to Capt. William Cooke, captain of the Henrietta pinnace. Instructions similar to those given to Capt. Thomas Austen, on 2nd November 1633. [Minute. See Dom., Car. I., Vol. clvii., fol. 134 b. ¼ p.]
June 30. 52. Petition of Captains William Cooke and Thomas Austen, masters attendant at Chatham, to the Lords of the Admiralty. Are called in question for sale of two old mooring cables, which they were informed appertained as a perquisite to their places. If they were abused by misinformation they are very sorry, and pray forgiveness, promising never to commit the like. [1 p.]
June 30. 53. Petition of Edward Bulmer, of Newcastle-upon-Tyne, mariner, prisoner at his Majesty's pursuivant's attending this Court, to the Vice-President and Council of the North. Petitioner was informed against, among many others, for riots committed at Newcastle-uponTyne, for which he, with the rest, was most justly censured at this table, he being then employed by the Merchant Adventurers for a voyage to Hamburgh, and unable to attend at the hearing of the cause. Acknowledges his censure to be just, and submits thereto, but beseeches them to consider his great losses by the Dunkirkers, and in other ways. [1 p.] Underwritten,
53. i. Order of Vice-President and Council mitigating petitioners fine to 40l., on payment or security for which "at three six months next coming" the pursuivant shall have warrant to enlarge him. York, 1st July, 1634. [¼ p.]
53. ii. Certificate of Sir George Radcliffe that petitioner had given bond for payment of 40l. 7th July, 1634. [¼ p.]
June 30. 54. Sir Sampson Darrell to Thomas Meautys, clerk of the Council. Has viewed East Country pipe-staves, concerning which Mr. Price, a merchant, has been a suitor for licence to transport them. This parcel is unfit for his Majesty's service, so that if it please the Lords he may transport them. But the writer's request is that no other such timber may be suffered to pass till there be a good store for his Majesty's sea affairs. [1 p.]
[June ?] 55. Notes, by Sec. Coke, on the project of setting forth a fleet for guard of the Narrow Seas, and assessing the cost thereof upon the port towns. This seems to be the first shape of the design for levying ship money. The plan was at this time before a committee. Sec. Coke had been directed to prepare an estimate of the expense of the contemplated fleet. The Lord Treasurer had undertaken to procure from the Custom House a list of all the ports with their members. Various suggestions were made as to the mode of levying the tax, and another meeting was appointed for the following Thursday at which Mr. Attorney was to be present. [1¾ p.]
[June ?] 56. Petition of Philip Burlamachi to the King. The King had, on the 25th May last, continued his protection for three months longer. Time passes away, and being fearful to be forced to trouble him for a further prolongation, he prays that the Lord Treasurer and Lord Cottington having passed his account, except as to some suspended parcels, the petitioner and those Lords may have access to his Majesty, that petitioner may show his reasons upon the sums in question. [¾ p.]
[June ?] 57. Petition of Mayor and Burgesses of Newcastle-upon-Tyne to the King. Set forth their suits for maintenance of their corporate privileges against the inhabitants of North and South Shields and pray the King to cause a general restraint and inhibition to be made, that no baker, brewer, victualler, or smith, or other person using any trade, shall exercise the same in any part of the said port or its precincts, but only at the town of Newcastle. [Draft. 1¾ p.]
[June ?] 58. Petition of Inhabitants of Blakeney to the Council. Petitioners preferred a petition for letters patent, whereupon letters were directed to the Commissioners of Sewers for Norfolk who have returned their certificate. Pray further order. [½ p.] Annexed,
58. i. List of counties which the inhabitants of Blakeney pray may be put into their brief. [¼ p.]
[June.] 59. Petition of Francis Trimingham and William Ibbotson, on behalf of themselves and other the Tenants and Inhabitants of Fishlake and Sikehouses, co. York, plaintiffs, against [Sir] Cornelius Vermuyden, Sir Philiberto Vernatti, and others, defendants, to the Council. In obedience to the order of the Lords, on 13th May last, petitioners exhibited their bill of complaint before the Vice-President and Council of York, against defendants, for relief, but defendants have neglected to appear and put in their answers, as appears by the affidavits annexed. Complainants are in number 300 householders, their grievances great, their losses insufferable, as tending to their utter ruin and confusion, specially by the later inundations, whereby their houses and goods are spoiled, their cattle drowned, and their corn almost without hope to be any at all this harvest ensuing; by all which they are so impoverished as they are not able to contend in law with persons of great estate and friends. Pray the Lords to confirm their former order with this addition, that if defendants do not answer within twenty days they may be apprehended and taken before the Vice-President and Council forthwith to answer. [1 p.] Annexed,
59. i. Certificate of Sir Thomas Tildesley, one of the Council of the North, that William Ibbotson had deposed before him in a cause of Robert Acham, and others, plaintiffs, and Sir Cornelius Vermuyden and others, defendants, to the service of notice of filing a bill in that cause, but that defendants had not appeared and answered, as appeared by the certificate annexed. York, 16th June, 1634. [¾ p.] Annexed,
59. i. i. Certificate of Bryan Bateson, registrar of the Court of the Council of the North, to the effect above mentioned. York, 16th June, 1634. [¾ p.]
June. 60. Petition of William Marsh, late captain of the Great Seahorse, to the Lords of the Admiralty. Upon reference from his Majesty, petitioner has attended six months, craving payment of his wages which he hoped to have received on Sir James Bagg's coming up, but he having been there now five weeks, petitioner still remains unsatisfied. Prays speedy satisfaction or the re-delivery of his commission, that he may present it to his Majesty. [½ p.]
June. 61. Memorandum signed by the King authorizing various insertions to be made in the engrossed lease of the alum works to be granted to Sir John Gibson, and in other documents connected therewith. [¾ p.] Annexed,
61. i. Statement of Attorney General Noy of the alterations above mentioned to be made in Sir John Gibson's lease. [¾ p.]
June. 62. Answer of Thomas Denne to a petition of Joan Freere and Faith Keene. The petitioners seem to have complained that Thomas Denne had harassed them by malicious suits. He sets forth the course of a varied litigation respecting, it would seem,—1. The right to the administration of the effects of John Denne, a brother of Thomas Denne; and 2. Whether a bequest of moveable goods and chattels comprised debts owing to the testator. John Denne died leaving a widow, Elizabeth, whom he appointed his executrix, and to whom he made the bequest above mentioned. Elizabeth survived the testator only three or four hours, and thereupon the present litigation ensued between Thomas Denne and the next of kin of Elizabeth Denne. [1 p.]
June. 63. Certificate of Drs. William Paddy, Thomas Chambers, Simon Baskerville, John More, and Thomas Winstone, that Lord Chief Justice Richardson was in danger of palsy. They recommend his going to Bath toward the end of the summer. [½ p.]
June. 64. First rough draft by Nicholas of a list of all the ships and vessels in divers vice-admiralties. In the port of London there were 154 ships and vessels, including 8 East India ships, from 350 to 1,000 tons burthen; in the Suffolk vice-admiralty there were 233 ships of all kinds; in Essex 34; in Norfolk and in Devon 104 each; in Cornwall 64; Dorset 50; Hants 166; the Cinque Ports 13 above 100 tons; and in South Wales one above that tonnage. [3 pp.]
June. 65. Nicholas's rough draft of list of captains who have heretofore had command in his Majesty's ships. [Indorsed by Nicholas, "Presented to the Lord Treasurer by myself." 3 pp.]
[June ?] 66. Judges of the Court of Exchequer Chamber to the King. Part of a draft of probably a proposed certificate as to the effect of the judgment delivered in that court on the 23d inst. in the cause of the Mayor and Burgesses of Newcastle versus Hilton. It may have been intended to accompany the petition No. 57. [¾ p.]
[June.] 67. Brief in the Court of Arches on behalf of Samuel Harsnet, at the suit of Bishop Francis White, late Bishop of Norwich and now of Ely, in a cause of dilapidations. The premises in respect of which this cause arose were the episcopal palaces of Norwich and Ludham, and the defendant was the representative of Bishop Harsnet, formerly Bishop of Norwich and afterwards Archbishop of York. The defence was that during his occupancy of the see of Norwich, which was for nine years and five months, Bishop Harsnet expended in repairs of those palaces the sum of 2,000l. It was also asserted that the bishopric was worth to Bishop Harsnet 800l. per annum and no more. [It appears by the indorsement of Sir John Lambe that 150l. was awarded to Bishop White. 9 pp.]
June. 68. Brief in the preceding cause on behalf of Bishop White. It is stated that the profits of the see of Norwich amounted during the possession of Bishop Harsnet and still were 1,200l. per annum. [This is indorsed, "The Judges' Brief." 2 pp.]
June. 69. Notes out of the preceding brief of the particular decays proved by the witnesses examined on the part of the Bishop of Ely. [1½ p.]
June. 70. Answer of Samuel Harsnet to the brief last above mentioned. Among other claims of Bishop White was one of 10l. for repairs of the French Church in Norwich, which was stated to be part of the episcopal palace. The answer was that it had been given up for many years to the French nation that lived in that city, for divine rites, and that it was kept in repair by them. [See the brief for Harsnet, No. 67, p. 7, and the present paper. 1 p.]
June. 71. Fly-leaf indorsed by Sec. Windebank, "Estimate of the ships, men, and charge, to be employed in the great service, with distribution of the charges among the several ports."
[June ?] 72. Names of Justices of Peace for co. Monmouth, with their respective divisions. [1 p.]
[June.] 73–4. See "Returns of Justices of Peace."