Charles I - volume 389: May 1-7, 1638

Pages 392-421

Calendar of State Papers Domestic: Charles I, 1637-8. Originally published by Her Majesty's Stationery Office, London, 1869.

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May 1–7, 1638

May 1. Demise to Sir David Cunningham for 21 years of a duty of 12d. payable to his Majesty upon every beaver hat and cap made by the Company of Beaver makers of London, with a moiety of the benefit of seizures of all foreign beaver hats imported, and of other profits arising to his Majesty upon their charter and contract. There is reserved a yearly rent of 500l. If the said duty be restrained by any Act of Parliament, Act of State, or otherwise, then the rent to cease. [Docquet.]
May 1. Petition of William Ryley, servant of your Majesty, and Edward Mabb, to the King. There are daily many great losses by fires about London, as by late experience has appeared. For prevention, petitioners present the propositions annexed, praying for a patent for 41 years. [Copy. See Vol. cccxxiii., p. 326. ¼ p.] Annexed,
i. Propositions touching the prevention of fire in London. The owners or inhabitunts of houses in London, Westminster, or Southwark, paying 12d. per annum for every house, or after the rate of 12d. for every 20l. rent, shall have their houses re-edified in case of loss by fire. For security, 5,000l. shall be deposited in the chamber of London, and be permitted to accumulate at five per cent. until it attains 10,000l. There shall be kept a continual watch all night. Engines shall be kept in every ward. The watch shall call for the engines, and reserves of water shall be made in convenient places. Various "conveniences" arising from the adoption of this course are enumerated, amongst them that 200l. per annum shall be allowed towards rebuilding the steeple of St. Paul's. [Copy. Vol. cccxxiii., p. 326. 1 p.]
ii. Reference to the Attorney-General to consider this petition and the propositions, and to certify his opinion. Whitehall, 1st May 1635. [Copy. Ibid. 1/6 p.]
iii. The Attorney-General to the King. Reports that the propositions are reasonable, if petitioners be tied to their limitations; that no man be pressed to subscribe; that the buildings be not re-edified out of the 5,000l. to be lodged in the chamber of London; and that they be reedified in convenient time; that the watches and engines and reserves of water be kept; and the 200l. per annum be paid to the repair of St. Paul's. 14th August 1638. [Copy. Ibid., p. 327. ¾ p.]
iv. Minute of his Majesty's pleasure to grant petitioners a patent, with the limitations stated. Whitehall, 16th October 1638. [Copy. Ibid., p. 328. 1/6 p.]
May 1. 1. Petition of Francis Norton, prisoner in the Marshalsea, to the Council. Having received divers enormous wrongs by Richard Morris and Thomas Smith, of Brentford, he complained to Sir Edward Spencer and Sir Edward Littleton, the next Justices of Peace, for relief, but they found the abuses to be of so high a nature that by their authority they could not inflict any punishment on the offenders, whereupon petitioner had a purpose to proceed in the Court of Star Chamber, had he not been prevented by his adversaries bribing his attorney. Prays the Lords to send for Morris and Smith, and to take some course for his relief. [1 p.] Annexed,
i. 1. Particulars of such grievances as petitioner has sustained of the parties named in his petition. The petitioner took a lease of a house in Brentford from Morris, but when the time came for him to be put in possession Morris refused to permit him to enter, and he and Smith, who was a constable, laid violent hands upon petitioner, tore off his clothes, and put him into the stocks. Among the witnesses whom petitioner referred to, to prove his case, was "Mr. Henderson, minister of Brentford." [1 p.]
May 1. 2. Petition of William Anthony and John Foord, in the name of the Company of Tobacco-pipe Makers, to the Council. The company of tobacco-pipe makers being a dispersed fraternity without government, and most of them very poor, Richard Cox, complotting with two or three of the richer sort, under pretence of settling them in a set form of government, has engrossed the sole vending of tobaccopipe clay, thereby enforcing the poor members to buy clay of him at his own prices, pretending the authority of a patent granted to one Foote, by King James I. Petitioners are not only compelled to buy their clay of Cox, but he causes the same, being of the nature of fullers earth, to be transported beyond seas, contrary to law, and to the utter ruin of 200 poor families. Pray the Lords to take such order that petitioners may have free liberty to buy their clay where and at what prices they best can. [1 p.]
May 1. 3. James Marquis of Hamilton to Sec. Windebank. To-morrow being the day appointed for hearing the coal business, the King will have it in his own presence. You are to advertise the Lords that the Council may sit at Whitehall. The Queen desired the King to give order for expediting one Tartaro['s] Privy Seal, of which I am commanded likewise to give you notice. [Seal with arms. 2/3 p.]
May 1. 4. Petition of John Chew, Postmaster of Bewdley, to Secs. Coke and Windebank. Petitioner is above 90 years of age, and has served postmaster above 30 years. There is due for his post wages in his stage towards the marches of Wales, begun 2nd June 1625, and ended this day, 471l. 4s. Divers of the postmasters have got their whole pay, and generally all of them their whole pay save the last five or six years. If petitioner were paid even with them he could the better stand to such abatement as is now propounded, which now will be his utter undoing, No man is so long behind, and no one more necessitated, having sold his estate to keep men and horses for this service. Prays relief. [1 p.]
May 1. 5. Answer delivered to Nicholas by the Clerk of the Check of the Guard, touching the orders of the household concerning the guard. The number of the guard depends upon the King's pleasure. What concerns the ushers is performed according to the book. The wages may be altered at the King's pleasure, according to the necessity of the times. If any orders be not observed, it shall be amended. [½ p.]
May 1. 6. Sir Thomas Penyston, Sheriff of co. Oxford, to Nicholas. I have received 800l. of ship-money, and expect every day to receive more. What I shall have received I will bring up myself next term. By some misreport, I hear his Majesty is much displeased with me, for not choosing, at the last county court, two verderers within the bailiwick of Woodstock. It was not at that time done because the writ had no return. It had been kept above five weeks before it came to my under sheriff. I entreat the Lords to mediate for me to the King. The next county court day I will see the writ executed with the best care I can. [Seal with crest. 1 p.]
May 1.
7. William Collis, Mayor, and eight others, of Northampton, to Richard Lane, Attorney-General to the Prince and Recorder of that town. Send the last week's bills of burials, and give a minute report of the number of houses infected. Misreports of the dangers in the town far beyond the truth. The country is restrained by persuasions from coming in to trade, the markets are decayed, corn and provisions come in scant, and the tradesmen, though with certificates for their clearness from infection, are not suffered to come to fairs or markets or to trade abroad. Being a fair that day at Towcester, their tradesmen yesterday repaired thither, but Sir Hatton Farmer [Fermor] would not suffer them to enter the town. Upon their coming back, Sir Barnaby Bryan, Dr. Clark, and Mr. Edwards, three justices, wrote letters in their behalf, but Sir Hatton would not receive the letter, nor allow any Northampton men to come to the fair. These strict courses have made divers of the inhabitants flee abroad, and the day labouring men want means and work. P.S.—We have two felons in gaol, and would have a leet and sessions in Whitsuntide, or if a meeting may not seem convenient we pray you advise us some other way. [2 pp.]
[May 1. ?] 8. Note by John Gyfford [one of the signers of the preceding letter, and the note probably enclosed in it]. The mayor was informed by the physicians, some to be of the plague and some of the spotted fever, yet the writer conceives them all of one disease, because they die within three or four days, and catch it one of the other. [5 lines.]
May 1. 9. Sir Francis Asteley, Sheriff of Norfolk, to the Council. Complains of Matthew Stevenson, Roger Reynolds, William Meek, and Thomas Dawson, chief constables, for neglect in the collection of ship-money. Also of Edward Holt and Edmond Hilton, attorneys-at-law, who had not paid, and encouraged others to stand out. Also of Henry Nowell, a clergyman, who after two months' delay complained of a rate set upon him for an impropriation which he had on lease. Sir Francis, after examination, declined to alter it. After some altercation, which is here repeated, and Nowell braving the sheriff in a great assembly, the sheriff committed him. He had not been in gaol above an hour before he wrote a submission; whereupon, out of respect for his profession, the sheriff discharged him, but he has not paid, and goes about boasting and encouraging others to withstand the payment. There are many more to be complained of, but he certifies these few, not desiring to draw up multitudes before the Lords. Prays the Lords to write to all the corporations, except Thetford, to make speedy payment. The parts of the county adjacent to them have an eye to them, and upon their delay are not so forward as otherwise. [2¼ pp.]
May 1.
10. Agreement between Sir Basil Brooke, James Maxwell, Anthony Stanford, and Endymion Porter. Stanford having found out an invention to make perfect bar-iron without the use of Scotch coal, charcoal, pit-coal, or wood, out of raw-iron or bloom-iron, and being in hope also to make sow-iron or bloom-iron without the said materials, is resolved to petition the King for a privilege in his name and that of Bartholomow Bishop, for the sole practising of his invention. It is agreed that the whole benefit of the patent shall be equally divided betwixt the parties to this agreement. [2/3 p.]
May 1.
11. Nicholas Marten to Richard Harvey. Rests upon Harvey's promise that he should be his tenant for the parsonage of ComptonDando. Desires to be informed when he will be in the country, that he may get in what moneys he can. John Coxe, John Markes, and others say they have paid already. [1 p.]
May 1.
St. James's.
12. Roger Harvey to his brother Richard Harvey. Private letter relating to an advance of money by Richard to Roger, and various family disputes. [2½ pp.]
May 1. 13. Account by Richard Poole of saltpetre brought into his Majesty's store and delivered to Samuel Cordewell, the powder-maker, from 1st November 1637 to 1st May 1638. Total, 92 lasts 3 quarters and 27 lbs., of which 13 cwt. 2 quarters had been brought in by merchants, and the remainder by the saltpetremen. [1 p.]
May 2. 14. Petition of James Rawson, clerk, vicar of Milton Abbas, Dorset, and one of his Majesty's chaplains, to the King. Differences had arisen between John Tregonwell the younger and petitioner, about the rights of the church whereof he is incumbent. The said John Tregonwell and his father are possessors of the dissolved monastery of Milton Abbas, the demesne whereof, with the manor, glebe, and tithes, are worth 2,000l. per annum, of which petitioner has only a pension of 24l. in lieu of his whole vicarage. Petitioner, in respect of the smallness of his means, is altogether unable to wage law or defend his rights; wherefore he prays a reference to Sir Francis Fulford, Sir Walter Erle, Sir John Brune, Dr. Braddish, vicar of Piddletown, Mr. Rogers, vicar of Bere Regis, and Mr. Thomas Clarke, rector of Mappowder, to make a christian peace, or else to certify to the King what they find to be the truth. [Copy. ¾ p.] Underwritten,
14. i. Reference as desired. Whitehall, 2nd May 1638. [Copy. ¼ p.]
May 2. 15. Petition of James Zouch, your Majesty's servant, to the same. Without any just cause, petitioner has been menaced by Lord Mountnorris to be sued in the Star chamber concerning the settling of his own estate. Prays a reference to the Lords of the Council. [¾ p.] Underwritten.
15. i. Reference as desired. Whitehall, 2nd May 1638. [¼ p.]
May 2. 16. Petition of Thomas Knightley, rector of Byfield, co. Northampton, with the churchwardens, George Harries and William Wade, and the rest of the inhabitants, to the same. The hamlet of Trafford has ever been assessed for payments to the King, church and poor, at a third of that charged on the whole parish of Byfield. Sir William Wilmer, owner of the said hamlet, which is all pasture ground, has endeavoured, by chargeable suits, to make the same subject to the custom of tithing used in the common and arable fields of Byfield, and although in one suit he was non-suit, and in the other a verdict passed against him, Sir William threatens more prohibitions, and for four years has refused to pay to church or poor, and and wearied out petitioners with chargeable suits. Pray a reference to one or more of the Privy Council. [Copy. ½ p.] Underwritten,
16. i. Reference to the Archbishop of Canterbury, the Lord Treasurer, and Lord Privy Seal. Whitehall, 2nd May 1638. [Copy. 1/6 p.]
16. ii. Appointment of the referees for hearing this business at the Council Board, on 8th of June. 7th May 1638. [Copy. 1/6 p.]
May 2. 17. Order of the King in Council. Recites a proposition made to the King and Council on the 4th of April last by the masters and owners of ships trading to Newcastle, Sunderland, Blyth, and other places for coals, with the order made thereon, for which see Vol. ccclxxxvii., No. 19. This day his Majesty, sitting in Council, having received the answer of Mr. Morley and the oastmen to the said propositions, and having heard all the parties, it was ordered that the said masters and owners of ships, giving security that they being made a corporation will supply London with ship-coals according to the terms of their said proposition, and will answer the new duty of 12d. upon every chaldron they shall load, according to the measure of 21 Newcastle bolls to the chaldron, for the space of ten years, that then they shall have a free and open trade at Newcastle as formerly, and the Attorney-General is to take a surrender of his Majesty's contract with the oastmen, who are to be relieved of all payments touching the 12d., and is to prepare a charter of incorporation of all such merchants, masters, and owners of ships who shall use the trade for coals to Newcastle-upon-Tyne, Sunderland, Blyth, Nook, and Berwick, with a variety of powers which are here set forth. [Copy. 5½ pp.]
May 2. 18. Draft of the preceding, with corrections by Nicholas. [6 pp.]
May 2. 19. Petition of the owners of the ship the Margaret to the Council. Going to Newcastle to lade coals, and being enforced to lade with the contractors, they were assigned coals which are so bad that, being sold in London, the coal merchants refuse to pay for the same. Pray the Lords to enjoin the contractors to pay the damage, or take the coals at 19s. per chaldron, the price at which good coals are sold. [½ p.]
May 2.
20. Order of the King in Council on the preceding petition. Lawrence Whitaker, clerk of the Council in Extraordinary, Robert Dickson, Peter Heywood, and George Hulbert, justices of peace, are to survey the coals brought by the Margaret, now lying at a quay near Charing Cross, and to certify of what condition they are. [Draft. 2/3 p.]
May 2. 21. Order of Council made on complaint of Sir Francis Asteley, calendared under date of the 1st inst. Matthew Stevenson, Roger Reynolds, William Meek, and Thomas Dawson, chief constables, were to collect and pay the ship-moneys assessed upon their hundreds before the beginning of next term, and Edmond Holt and Edward Hilton were to pay their rates assessed upon them, or the sheriff was to bind them over to answer at the Board on the 27th instant. [Draft. 1 p.]
May 2. 22. Minute of a warrant from the Council to the Warden of the Fleet, to release Bartholomew Baldwin and George Goodson, they having paid their ship-money, co. Buckingham. [Draft. ½ p.]
May 2. The like of a similar warrant to discharge William Heyburn, he having entered into bond for the ship-money in arrear in the time of Sir Anthony Chester's bailiwick. [Draft, written upon the same paper as the preceding. ¼ p.]
May 2. 23. Draft entry of minute of appearance before the Council of Robert Middleton, for his father Thomas Middleton, of Leighton, co. Lancaster, being sent for on account of default of arms. [4 lines.]
May 2. The like of Thomas Roberts, of South Newington, co. Oxford, husbandman. He is to remain in custody of a messenger. [Written on the same paper as the preceding. 6 lines.]
May 2. 24. Draft minute of a pass from the Council for Sir Nicholas Biron, captain of a company in the Low Countries, Richard Winkfield, and Peter Robinson, to travel into the Low Countries with three servants. [¼ p.]
May 2. 25. Commissioners for licensing brewers to use wine-casks to the Council. Answer to various questions demanded of them. The brewers, who were heretofore contented to take licences, will not now discover themselves, being put in hope that they shall be at liberty to use wine-cask without payment. We would give 800l. per annum rent for London and four miles' compass. Other questions we cannot answer without seeing the contracts between the officers of the Green Cloth and the brewers. [2/3 p.]
May 2.
26. Sir William Portman, Sheriff of Somerset, to the same. Upon reference to the Bishop of Bath and Wells and himself of a petition of the inhabitants of the hundred of Abdick and Bulstone, concerning an alleged over-rate of 40l. to the ship-money, thereby easing the hundred of Milverton, the bishop and the writer had a meeting at Wells, and heard both sides. They found that in some rates Abdick and Bulstone paid after the proportion of three men, but to the composition they paid after the rate of three and a half men, or 3l. 10s. for every 100l., which had been paid for ship-money in Mr. Hodges' and Mr. Malet's years, and that Milverton usually paid after the rate of 1l. on every hundred. Forasmuch as the bishop and Sir William could not accord this difference, the writer thinks that Abdick and Bulstone should stand charged with 280l for this time, for the present expedition of the service. Contrary to the assertion of petitioners, the writer has a great part of his estate lying in the hundred of Abdick and Bulstone, and no lands in Milverton, on which point he desires a reference to the judges of assize. [1½ p.] Annexed,
26. i. Copy of the petition of the inhabitants of the hundred of Abdick and Bulstone to the Council above mentioned, and the contents of which are already stated under Vol. ccclxxviii., No. 68. [1 p.]
May 2. 27. List of causes specially appointed to be heard in the Court of Star Chamber. They were:—the Attorney-General versus Richard Edwards and others; Alexander Dupper versus James Freeze and others; Francis Cufaud and others versus Anne Doleman and others; and John Blomer versus John Ruddle and others. [1 p.]
May 2. 28. Notes taken by Sec. Windebank on the hearing of the first of the causes above mentioned. The defendants were apothecaries, and the charges against them, promoted by the College of Physicians, were the falsification of medicines, resisting government and order, and contemning an order of the Lords, with the utterance of calumnious speeches against members of the College of Physicians. The present notes refer to the proceedings of this day, in which the Attorney-General stated the evidence for the prosecution, and the Solicitor-General summed up the case against the defendants. There is added in another sheet the continuation of the proceedings on the 4th inst., when Mr. Herne addressed the Court on the part of the defence, and stated the evidence on their behalf. [11 pp.]
May 2. 29. Book of notes made by Nicholas of proceedings of the Council at their several meetings during this month. They state the names of the members of the Council present on each occasion, and briefly indicate the several businesses considered and the orders made. The days on which the Council sat, and to which these notes refer, were the 2nd, 4th, 5th, 6th, 8th, 16th, 18th, 23rd, 24th, 25th, 26th, 27th, and 30th of the present month. [112 pp., of which 27 are blank.]
May 2. Deed, whereby the parsons, vicars, and curates of the places and parishes adjacent to the city of London submit the cause of their several churches concerning tithes, oblations, obventions, and other rights now depending before his Majesty, and all their right, title, and interest therein, to the arbitrament of his Majesty, promising obedience to whatsoever he shall order and determine concerning the premises. The deed is signed and sealed by the following persons: Daniel Featley, rector of Lambeth; Thomas Turner, rector of St. Olave's, Southwark; William Haywood, rector of St. Giles-in-the-Fields; Gilbert Wimberley, curate of St. Margaret's, Westminster; John Johnson, rector of St. Mary Matfellon, Whitechapel; Richard Dukeson, rector of St. Clement Danes; John Littleton, rector of St. George, Southwark; John Squier, vicar of St. Leonard, Shoreditch; James Archer, curate of St. Saviour's, Southwark; William Bray, vicar of St. Martin's-in-the-Fields; Henry Goodcole, curate of St. James, Clerkenwell; John Bloodworth, rector of St. Mary, Newington; John Maccube, curate of the Savoy; and Benjamin Spencer, curate of St. Thomas-in-Southwark. [Nine seals with arms; one with a crest, one with initials, one with a merchant's mark, one with a fanciful device, and one without any impression. See Case E., Car. I., No. 4. Parchment. 10 lines.]
May 3. Grant, whereby, in consideration of 250l. to be paid into the Exchequer, his Majesty disafforests the lands of Richard Derling and sundry others, lying within the forest of Deane, and grants them a pardon for offences against the forest laws formerly committed. [Docquet.]
May 3. Presentation of William Farrow, B.D., to the rectory of Knaptoft, co. Lincoln, in his Majesty's gift by lapse, simony, or otherwise. [Docquet.]
May 3. Grant to Thomas Edwards, his Majesty's servant, of the office of constable of Flint Castle, void by the death of Thomas Griffith, with the fee of 10l. per annum, to be paid by the receiver of the revenues of the principality of North Wales. [Docquet.]
May 3. 30. The Council to the Warden of the Fleet. To take [John Wragg, alias] Bonyragg, messenger, into custody, and keep him prisoner till further order. [Draft minute. ¼ p.]
May 3. The same to the same. Warrant for commitment of — Meridale, prisoner, to the Fleet. [Draft minute, written on the same paper as the preceding. ¼ p.]
May 3.
31. Similar warrant to a messenger not named, to fetch before the Lords, John Edwards, of Weston Patrick, Hants. [Draft minute. ¼ p.]
May 3. 32. Certificate and answer of the parishioners of St. Giles-in-the-Fields to an order of Council. Upon reading a late petition by their parson, amongst others, to his Majesty, concerning rights pretended to be withheld or prejudiced by new buildings, and for increase of maintenance, as also the order of Council made thereon, we, the parishioners whose names are underwritten, believe that all rights are duly answered; and if our parson means any duties detained in respect of houses, we are assured by counsel that none by law are due to him; and for any prejudice in respect of tithes of land lost by new buildings, we find that the old payments in lieu of tithes are continued, and we are satisfied that the profits arising by oblations and obventions, besides voluntary gifts, far exceed what the lands by tithes in kind could formerly yield. And as for the present maintenance, we conceive it competent, as being at least 200l. per annum, wherewith many reverend divines have lived contentedly, and to the relief of our poor. [103 signatures. = 2 pp.]
May 3. 33. Thomas Gardiner, Recorder of London, to Sec. Windebank. The [nine] persons undernamed being convicted prisoners in Newgate, are fit to be transported over seas for martial service, if his Majesty vouchsafe them mercy. Among the convicts, two were indicted for breaking the house of Sir John Jacob, and stealing divers parcels of plate. One person named was a woman (Susan Austin), indicted for stealing two horses. [¾ p.]
May 3.
34. Michael Stanhope to Dr. Lake, at his house at Leicester. I have received a letter out of Ireland, authorizing me to make choice of a King's advocate. If you think the place worth your pains, nothing remains but the procuring of my Lord of Canterbury's letter to the Lord Deputy. Direct to me at the castle at Dublin. [Seal with crest. 1 p.]
May 4. 35. Petition of the owners of the Margaret to the King. By certificate annexed, it appears that the coals complained of (see No. 19) are so bad that they are of little worth. Pray that Mr. Morley may pay petitioners for them at the prices they were sold at, with allowance for loss of their ship's time and the charge of lighters, wherein the coals have remained ten days. [½ p.] Annexed,
35. i. Certificate of Lawrence Whitaker, Peter Heywood, and George Hulbert, justices of peace, that the sea coal in three lighters was very bad and unserviceable, very little better than dirt, and such as would neither burn nor cake. It was brought from Newcastle in the Margaret of Yarmouth, and is now lying at West's Wharf, near Charing Cross. The price paid at Newcastle was 12s. the chaldron; 18s. was charged in London. [1 p.]
May 4.
Inner Star Chamber.
36. Order of Council. Upon consideration of the answer of the president and College of Physicians to the petition of the apothecaries, exhibited the 11th of April last, the Lords ordered that all matters in variance should be referred to the two Lord Chief Justices, and the other referees nominated in a former order of 8th January 1635; and if they can fall on any expedient that may accommodate all things, the clause in the order of the 8th January 1635, restraining the referees from meddling with the matters depending between some of the physicians and some of the apothecaries in the Star Chamber, shall be no impediment to an entire agreement. [Copy. 1¼ p.]
May 4. 37. The like. Upon petition of Marmaduke More, wherein he confesses some errors for which he besought the Lords to accept his submission, it was declared that, for the sake of the Earl of Suffolk, his Lord and master, the Lords are content to pass by the same, but ordered that More should pay to John Badcock all such costs as should be allowed him by Sir Dudley Carleton, and thereupon More to be released from imprisonment. [Draft. 1 p.]
May 4.
Inner Star Chamber.
38. The like. Upon hearing the Patentees or Commissioners for Wine-cask, and some on behalf of the Brewers within four miles of London, and having considered the answer of the patentees to propositions made to them (No. 25), it is declared very unfit to disturb the contract made with the brewers by way of composition for 3,000l. per annum upon any hopes of the patentees; but inasmuch as in their answer they allege the securing of the said composition to depend upon the consideration of the contract, it was ordered that they should attend the Treasurer and Comptroller of the Household at the Greencloth, and there see the contract; and if they can show a way to raise the rent of 3,000l. without using coercive power on the brewers the Lords will further consider their propositions; but they are to take care that they do not distemper his Majesty's service with the brewers. [Draft. 1½ p.]
May 4.
Inner Star Chamber.
39. Order of Council. On petition of the parishioners of St. Gregory's, London, and consideration of articles between them and the parishioners of Christ Church, concerning accommodating them in the west end of Christ Church, it was ordered that the parishioners of St. Gregory's should place only moveable pews in Christ Church, so that burials may not be hindered ; that they should make use of the west doors only; that they should leave the church at St. John Baptist, 1641, in as good repair as they find it; that they shall have liberty yearly to bury ten of their parishioners within the west end of Christ Church ; that the parishioners of both Christ Church and St. Gregory's shall submit to the Bishop of London for composing all differences; and lastly, that the churchwardens, common councilmen, and sidemen of both parishes shall subscribe to the aforesaid articles, and upon such subscription the keys of the west part of Christ Church shall be delivered to those of St. Gregory's. [Draft. 2¼ pp.]
May 4. 40. The like. Upon petition of Matthias Styles, B.D. and preacher of St. Gregory's, London, wherein he shows that by taking down St. Gregory's Church he is in danger of losing his livelihood, it is ordered that his pension and allowance shall be confirmed to him by the said parish, he continuing his preaching in the west end of Christ Church, and that the churchwardens of St. Gregory's shall take order for rating and collecting the same. [Draft. 1 p.]
May 4. 41. The like. Upon signification of his Majesty's pleasure by letter from the Earl of Dorset, that the hearing of the business between Thomas Tyrrell and Sir Miles Fleetwood, formerly referred to this Board, should be transmitted to the Lord Treasurer and Lord Cottington, It is Ordered that Mr. Tyrrell and Sir Miles shall attend at such times as the said referees shall appoint, and that they be prayed to hear the said business, and report to his Majesty. [Draft. [1 p.]
May 4.
Inner Star Chamber.
42. The like. The Lords being made acquainted that over the New Exchange, called Britain's Burse, there are divers families inhabiting as inmates, and that adjoining the wall of the court of Durham House there are sheds employed as eating rooms and for other uses, to the great annoyance of the inhabitants and danger of infection, It was Ordered that the Lord Privy Seal and Lord Newburgh, chancellor of the duchy, should call before them the inhabitants of the said places, and take order for their removal; and if they find any of the said persons obstinate, should certify their names. [Draft. 1 p.]
May 4.
Inner Star Chamber.
43. Order of Council. On petition of Martin Bradgate, of London, merchant, that having intelligence from his factor in the Canary Islands of 600 quintals of logwood laden aboard the George for London for want of other goods, the rest of the lading being sugars and other rich commodities which would produce 2,000l. customs, the said petitioner prayed that he might be allowed to transport the logwood to parts beyond the seas. The Lord Treasurer was prayed to give order to take good security for the exportation of the logwood, regulations being made for its keeping whilst here, and a certificate to be produced of its landing in foreign parts. [Draft. 1¼ p.]
[May 4.] 44. Draft of a clause in the above order, in the handwriting of Lord Cottington, respecting the mode of keeping the logwood until its exportation. [6 lines.]
May [4.]
45. The Council to the Officers of Customs. To suffer Martin Bradgate to land and export the logwood above mentioned. [Signed by the Council, but afterwards cancelled on some alteration of the terms. 1 p.]
May 4. 46. Order of Council. On petition of the inhabitants of Wells Forum, touching the difference between them and the city, whether the cathedral of Wells should pay with the city towards the shipmoney, the Lords referred the examination thereof to the bishop, with the two next justices of peace, who have returned a certificate. The Lords confirm the same, and require all parties to yield obedience. [Draft. 1 p.]
May 4.
Inner Star Chamber.
47. The like. Edward Ferrers, owner of the mills of Hertford, and Edward Baynes, B.D. and parson of St. Andrew's, Hertford, by petition, submitted certain differences between them touching the tithes of the said mills, to be composed and ended by the Lords. Upon debate, and consideration as well of the yearly value of the said mills as of the charge Mr. Ferrers had been at in repairs, It was Ordered that there should be nothing paid for the time past, but for five years next ensuing Ferrers to pay five marks per annum, and afterwards 5l. per annum. [Draft. 1 p.]
May 4. 48. The like. Dame Mary Powell, wife of Sir Edward Powell, by petition, prayed the Lords (to whom the difference between her, Sir Edward Powell, and Sir Peter Vanlore, was referred by his Majesty) that their declaration that it was no way their meaning by their award to prejudice petitioner or the trust for her by the will of her deceased mother, might be entered in the Council Book. The Lords, before they would give way to this request, ordered Sir Edward Powell and his lady to attend on Wednesday next, with each of them one of their counsel. [Draft. 1 p.]
May 4. 49. The like. Michael Fawkes, by petition, desired a day to be appointed for hearing the question in difference between him and John Gibbon, for the possession of 200 acres of land lying in the level of Hatfield Chase, co. York, which were sold by the Commissioners of Sewers to petitioner's wife. The Lords appointed to hear the same at the first sitting in next term. [Draft. 2/3 p.]
May 4. 50. Order of Council. On a petition of many inhabitants of St. Martin's-in-the-Fields, it was shown that there is a passage down to the Thames, called Ivy Bridge, adjoining the Earl of Salisbury's house, which has been an ancient customary place for washing and watering the horses of his Majesty, the nobility, and others, but is now so far out of repair that it undermines the Earl's house, for which cause his steward has barred up the way. The vestry of St. Martin's having been applied to for a collection to repair the same, refused to grant the request. It was therefore desired that the Lords would order the justices and burgesses of the parish of St. Martin's to make an assessment for that purpose. It was Ordered that the justices of peace and burgesses of St. Martin's and the liberties of the Savoy and St. Clement's should make an assessment upon those persons who make use of the said passage for their horses, both for repairing and maintaining the same, and none are to have benefit thereby who shall refuse to contribute. [Draft. 1½ p.]
May 4. 51. The like. Sir John Corbet complained by petition that, having for his part conformed to the order of the Lords of 12th May 1637, made betwixt him, Sir James Stonehouse, and Peter Egerton (see Vol. ccclvi., No. 18), yet the wastes mentioned therein are not repaired by Mr. Egerton, nor security given by Sir James Stonehouse and his lady. It was Ordered that if the parties complained of shall not perform the said order before Michaelmas term, they shall be sent for to answer their contempt. [Draft. 1 p.]
May 4.
Inner Star Chamber.
52. Order of the Archbishop of Canterbury and the Lord Treasurer, referees of a petition of John Lowen, clerk, and others, and of the matter in difference between them and one Symes, touching a tenement in Birchen Lane, London, called the Bull. The referees understanding that the special verdict was not upon the whole case, Ordered that the business be again referred to a trial at law, and that the whole case be put in issue; and for the costs upon the trial past, that the same be ordered by the judges. [Draft. 2/3 p.]
May 4. 53. Order of Council. The corporation of Congleton, co. Chester, prayed the Lords to appoint a day next term for hearing a business between that town and William Bramhall, about a manor alleged to have been gained by Bramhall out of his Majesty's hands, which business was referred by his Majesty to the Lords. The first sitting in the next term was appointed for that purpose. [Draft. 1 p.]
May 4.
Inner Star Chamber.
54. Order of the Archbishop of Canterbury, the Lord Keeper, the Lord Treasurer, and the Lord Privy Seal, referees of the matter in difference between the Church and the City of Exeter. The referees being informed that the judges cannot make their report so soon as was expected, It was Ordered that time be given till the first sitting after All Hallows day next, when both sides are ordered to attend. [Draft. 2/3 p.]
May 4.
Inner Star Chamber.
55. Order of the Archbishop of Canterbury, the Lord Keeper, and the Lord Treasurer, referees of the business between Thomas Harding, clerk, rector of Souldern, co. Oxford, and the Lord of the manor and freeholders there. Appointment to hear the same on Tuesday next; and in case the Lords' occasions will not give leave for that day, the parties are to attend the day following. [Sealed with the seal of the Council. ½ p.]
May 4. 56. Draft of the preceding. [¼ p.]
May 4.
Inner Star Chamber.
57. Order of the Archbishop of Canterbury, the Lord Keeper, and the Lord Privy Seal, referees from his Majesty of matters in difference between Henry Morgan and Blanche his wife, and Henry Lingen, son to the said Blanche. With consent of the parties, It was Ordered that Mrs. Morgan shall, during her life, enjoy the house in Stoke Edith, co. Hereford, for her habitation, and shall be paid by Mr. Lingen 400l. per annum, and that Mr. Lingen shall have the manor of Stoke Edith and the rectory of Taddington [Tarrington ?], co. Hereford, during his mother's life. [Copy signed by the parties. 2⅓ p.]
May 4. 58. Order of the Archbishop of Canterbury and Bishop Wren, of Ely, referees of a difference for matter of tithes and increase of maintenance between Joshua Meene, vicar of Wymondham, Norfolk, and Nicholas Andrewes, of Godalming, Surrey, and John Smart, citizen of London, lessees of the rectory. By consent of the parties it was agreed that Meene, besides his house, glebe, hearth-silver, pensions, Easter oblations, churchings, marriage and burial fees, should receive 17l. yearly, and Andrewes and Smart are to receive all the small tithes; which agreement the referees confirmed. [Draft. 1 p.]
May 4.
Inner Star Chamber.
59. Order of Council. The informations of Richard and Phillis Phillips, John Belcher, and Richard Mason, against Richard Dickson, are to be sent to the Solicitor-General, who is to examine Dickson, and certify his opinion. [½ p.]
May 4. 60. Draft of the preceding. [⅓ p.]
May 4. 61. Entry on Council Register of appearance of William Hockin, of Great Torrington, Devon. [Draft. 3 lines.]
May 4. 62. The like of Nathaniel Extill, of London, sent for by warrant for selling tobacco by retail, contrary to proclamation. He is to remain in custody of the messenger until discharged. [Draft. 5 lines.]
May 4. 63. The Council to Robert Taverner, messenger. To bring before the Lords Nehemiah Rawson, of Buckwood, co. Lincoln. [Draft minute. ⅓ p.]
May 4.
The Star Chamber.
The Council to Warden of the Fleet. To take into his custody Nehemiah Rawson, to be kept prisoner till further order. [Draft written on the same paper as No. 62. ¼ p.]
May 4. The like to Edmond Barker, messenger. To bring Maurice Thomson, Oliver Clobery, Oliver Read, and George Lewin, of London. [The like, written on same paper as No. 63. 4 lines.]
May 4.
The Star Chamber.
64. The like to Warden of the Fleet. To continue Alexander Jennings, who had used scandalous speeches in derogation of his Majesty's government, prisoner in the Fleet till further order. [The like. ⅓ p.]
May 4.
The Star Chamber.
65. The like to Robert Taverner, messenger. To fetch before the Board John Baker, surveyor of highways for St. Martin-in-the-Fields. [The like. ¼ p.]
May 4. The like to Reignold Gunnell. To bring John Skill, of Great Sampford, Essex. [The like; written on the same paper as the preceding. 3 lines.]
May 4. The like to Thomas Waterworth, messenger. To bring William Hickman, of Barnacle, co. Warwick. [The like. Ibid. 3 lines.]
May 4. The like to James Naylor, messenger. To fetch Henry Nowell, clerk. [The like. Ibid. 2 lines.]
May 4. The like to George Carter, messenger. To fetch John Edwards, of Weston Patrick, Hants. [The like. Ibid. 5 lines.]
May 4. The like to Edmond Barker, messenger. To fetch William Mills, of Hamhaw, Surrey, junior. [The like. Ibid. 3 lines.]
[May 4 ?] 66. Petition of the Mayor and Aldermen of Newcastle-upon-Tyne to the Council. Upon complaint of many disorders committed on the Tyne, the Lords appointed some burgesses of that town to put in execution orders thought expedient for cleansing thereof. Petitioners have hitherto submitted themselves to your commands, and have not insisted upon any grant; yet, by experience, they find it breeds contempt towards petitioners, and will stir up further controversies. The government of the town, and also of the river, being by charter and prescription settled upon petitioners, they pray the Lords to restore to them their government of the river, they undertaking to manage the same with all care, or else to be accounted unworthy of their places. [2/3 p.]
May 4. 67. John Marlay, Mayor of Newcastle-upon-Tyne, and nine others, Commissioners for Conservancy of the river Tyne, to the same. Report of their proceedings from Michaelmas 1637 until Easter 1638. State the case of Nicholas Harrison and Christopher Fuller, to which the following order has relation. [1 p.]
May 4. 68. Order of Council. The Lords being informed that Nicholas Harrison, by appointment of Christopher Fuller, has begun to build a shore at Jarrow Slake, on the Tyne, and that Fuller being required by the Commissioners of Conservancy to surcease his work till he had shown good authority, or, according to former orders of Council, had given bond that the shore should be no prejudice to the river, he still proceeds with the building, and of late has suffered two ships to cast ballast there. It was Ordered that Fuller and Harrison forthwith cease the building until they show their authority, and give bond to perform the former order of Council; or, in case they remain refractory, the commissioners are to take bond for their appearance before the Lords on the first sitting day of next term. [Draft. 1⅓ p.]
May 4. 69. Sir William Becher and Edward Nicholas to the Council. Report on petition of Valentine Saunders, calendared under date of 9th March last (No. 45). Lord Valentia made over a fourth part of one share in the late soap business for 300l. to Valentine Saunders, by indenture, which is traced by the reporters to the hands of William Headlam, who gave it to Sir Richard Weston, and it cannot now be found. Sir Gregory Norton, who is authorized to receive the whole share of Lord Valentia, forbears to pay the fourth part, because this indenture is not extant. The reporters recommend an order that Sir Gregory pay the fourth part to Valentine Saunders, and be acquitted as against Lord Valentia for the same, and that Saunders give bond to repay the same in case the Lords within one year order the same. [¾ p.]
May 4.
70. Thomas Whitley, sheriff of co. Flint, to the Council. States that he had assessed and given order to collect the 575l. ship-money for that county. Had received 350l., which shall be paid to the Treasurer of the Navy by the last of this month, and on the 24th of June. The rest he hopes will be paid by the 14th July. Enclosed,
70. i. Assessment of 575l. ship-money on the hundreds and parishes in co. Flint, with an account of how much was charged upon every clergyman. [4 pp.]
May 4. 71. William Bassett, late sheriff of Somerset, to Nicholas. Alexander Middleton and Richard Harvey, late constables of the hundred of Abdick and Bulstone, having been very diligent in the levy of ship-money, are now sued by John Pine of Curry-Mallet, for levying money assessed and refused to be paid. Pray you afford them your assistance to the Lords for their relief. P.S.—Send me Mr. Phillips's order that I may demand his money, otherwise I shall never get it, the constables being willing to shift and delay. [Seal with arms. 1 p.]
May 4.
72. The Deputy Mayor and Aldermen of Canterbury to the Council. On the 15th April the house of Henry Bartlam, a shoemaker of this city, was shut up, but some hours before it was known to be infected two men fled, one his son, Nathaniel Bartlam, whose person and attire are described, and the other a servant, and although search was made for them throughout the city, and warrants sent to all the coasts round about, and also to London and Oxford, they have not been apprehended. Bartlam, who remains in a tent with his family, says that he heard lately that his son and the other were working in London, wherefore the writers had sent the bearer, a man of that trade, who knows them well, if you please to employ him. The Mayor is in London about his Majesty's affairs. [1 p.]
May 4. 73. Sir John Finch, Lord Chief Justice of the Common Pleas, to the Council. Report on the matter in question between the hundreds of Bath Forum and Wellow. Bath Forum pretends that Norton St. Philip's, which has usually borne half a man in the rates of the county, ought to be cast towards the ease of Bath Forum, whereas the sheriff has joined it to Wellow. It was proved on behalf of Wellow that the constant practice for 20 years before Mr. Hodges' time was for Norton St. Philip to pay with that hundred. I gave Bath Forum ten days to produce to the now sheriff a rate before Mr. Hodges' time, to demonstrate the practice, and if they failed I ordered that the sheriff's rate imposed this year should stand. Bath Forum has neglected to attend the sheriff, whereupon he has proceeded to levy his former rates. [1 p.]
May 4. 74. Order of Council. Recites the preceding report of Sir John Finch. The Lords, well approving what the Chief Justice had done, ordered that the rate set upon the hundred of Bath Forum for this year shall stand, and that all persons conform themselves thereto. [Draft. 1 p.]
May 4.
75. Sec. Coke to Lord Keeper Coventry. I have received the enclosed from the Earl of Dorset. The king's business for some foreign dispatches will not suffer me this day to attend at the Council Board. [Seal with arms. 2/3 p.]
May 4. 76. Edward Viscount Wimbledon to Nicholas. I have long solicited a supply of gunpowder for Portsmouth, which was deferred until account was made of the powder formerly received, which is now sent into the office of Ordnance. The garrison has lately been utterly destitute. I have been constrained to borrow out of the store for the Navy ten barrels. Solicit the Lords for a supply of six lasts, as has been accustomed. Sec. Windebank will further the dispatch thereof. [2/3 p.]
May 4.
77. Bishop Davenant of Salisbury to the same. It is above ten years since by order of Council I received into my custody certain arms belonging to Lord Arundel of Wardour. It was ordered that they should be scoured and looked to at the charge of the said lord. Nothing has been done to them as yet; and when I last spoke with Lord Arundel, his answer was, he took no further care of them, having given them to his Majesty. I first entreated Mr. Oldsworth (my Lord of Pembroke's secretary) and since yourself to acquaint the Lords. Pray move them, that as by their command I took the arms into my keeping, so by their direction I may deliver them up, before they be spoiled. [Seal with arms. ½ p.]
May 4. 78. Bishop Skinner of Bristol to Archbishop Laud. Rejoinder to Bishop Wright of Lichfield's answer to Bishop Skinner's complaint (see 7th April last, No. 34). The Bishop of Bristol quotes passages from the Bishop of Lichfield's letter, and gives his own comment upon it in an opposite column. [2 pp.]
May 4. 79. Particular of premises in Chelmorton, co. Derby, formerly held by John Dale, who died on the 9th December 1622, at the yearly rent of 3l. 12s. 6d., leaving William Dale, his son and heir, of the age of 8 years, with underwritten direction of Lord Cottington, Master of the Court of Wards, dated this day, for a lease of the premises during the minority to be granted to John Ince. [1 p.]
May. 4. 80. Another particular of the same, showing that the annual value of the premises over and above the said annual rent was 17s., with underwritten minute, signed by Lord Cottington, of the sale thereof this day to the said John Ince for 7l., subject to the yearly rent of 3l. 12s. 6d. above mentioned. [¾ p.]
May 4. 81. Particular of Tunsteed Hall, co. Derby, formerly held by Thomas Tunsteed, who died on 5th February 1623–4, at the yearly rent of 6l. 16s. 8d., leaving Richard Tunsteed his son and heir, of the age of 4 years, with an underwritten direction of Lord Cottington, Master of the Court of Wards, for a lease of the premises during the minority to John Ince. [1 p.]
May 4. 82. Another particular, showing that the annual value of the same premises, over and above the said rent, was 1l. 6s., with underwritten minute, signed by Lord Cottington of the sale of the same this day to the said John Ince for 20l., subject to the said rent of 6l. 16s. 8d. [¾ p.]
May 5. Warrant to the Lord Treasurer to order the officers of the port of London to permit Viscount Belhaven to transport into Scotland, for his own use, 3 basins, 3 ewers, 24 plate trenchers, 2 great salts, 2 little salts, 3 bare cups, 1 little basin, 1 sugar dish, 2 tankards, 1 caudle cup with a cover, 1 porringer, 6 candlesticks, 1 pair of snuffers, 3 dozen of spoons, and three oval wine cups. [Docquet.]
May 5. Warrant to discharge Walter Long and Thomas Long of a fine of 2,000 marks imposed on Walter Long in the Star Chamber, in regard the same, according to his Majesty's pleasure, has been paid by Thomas Long to John Ashburnham, in satisfaction of so much due by his Majesty to him. [Docquet.]
May 5. Grant of an almsroom in the cathedral of Carlisle for John Moodie, void by death of Thomas Dunn. [Docquet.]
May 5. The like in Peterborough for George Day, in place of Richard Smith, deceased. [Docquet.]
May 5. Warrant to the Master of the Great Wardrobe to deliver stuff for liveries for the King's and Queen's footmen, littermen, coachmen, charioteer, and postilions. [Docquet.]
May 5. Grant of denization to John Peterson Keier, mariner, Herman Parens, weaver, and John Nicholas King, born in foreign parts. [Docquet.]
May 5. 83. Parishioners of Lambeth to the King. They have authorized the churchwardens to present their general desire that their parson, for any rights pretended, may be left to the ordinary trial of law. And that his Majesty will excuse them from providing any increase of maintenance, their parson's living being worth above 200l. per annum in tithes, and no way impaired by new buildings, which yield by oblations and obventions more profit than the tithes formerly. [95 signatures. =2 pp.]
May 5.
84. Questions submitted to Serjeant Heath by his Majesty and the Committee of Trade upon a proposal to license all innkeepers to brew the beer and ale they sell in their own houses. The questions were, whether the innkeepers would voluntarily come in and compound for such licences, and pay a rent for the same, and how the permanency of such rent could be secured, and how those who refused to compound could be compelled to so do. [Draft. 2/3 p.]
May 5.
85. Order of the King in Council. His Majesty being made acquainted that there is a certificate made by some of the officers of works and others touching the houses near Piccadilly Hall, which annoy the springs serving Whitehall and Somerset House, and that the certificate had been so carried that the Surveyor of Works had not been made acquainted therewith, which his Majesty finding to be a strange proceeding, ordered that the clerk of the Council should send for the certificate, and deliver it to the surveyor, who is to survey the said springs, and see whether a new way propounded for bringing the water to his Majesty's houses be fittest, or whether the way first resolved on, to demolish the buildings through which the water is to pass, can be made sufficiently good for that service, and thereof to return certificate. [Draft. 1¼ p.]
May 5. 86. The Council to Sir William Russell. The Mary Rose and First Whelp are added to the great fleet of 22 ships appointed to put to sea, and 1,394l. 5s. 4¼d. is requisite for powder, shot, and other munition for the said ships. You are out of the ship-money to pay the same to Sir John Heydon, Lieutenant of the Ordnance. [Draft. ½ p.]
May 5. 87. Draft minute for entry on the Council register, that Robert Middleton, son of Thomas Middleton of Leighton, co. Lancaster, having entered bond that his father shall show such arms at the musters as are charged upon him, was discharged from further attendance. [6 lines.]
May 5. 88. Bond of the said Robert Middleton to the King in 30l., conditioned as above stated. [¾ p.]
May 5.
89. Thomas Crossing, Mayor of Exeter, to the Council. A bark of this harbour, named the Prosperous, arrived on the 8th of April here from Morlaix, a place known to be infected with the plague, with a lading of linen cloth, since which time her company, both mariners and passengers, have continued in perfect health. At the request of the merchants, the writer prays order that the goods may be delivered ashore. [½ p.]
May 5. 90. Petition of Francis Waller to the same. Having been employed about his Majesty's business concerning New England, and having made oath before Sir John Michell of the disobedience offered against the king, as by the annexed testimonial appears, and having expended 20 nobles out of his own purse, petitioner prays the lords to let him have some relief, and to authorise him or some other to look after this business, and so call this proud disobedient constable to answer his contempt. [1 p.] Annexed,
90. i. Affidavit of Francis Waller of Botley, mariner. By command of the Council, directed to the sheriff of Hants, for stopping the New England people's victuals, by command from the sheriff he went to James Alexander, high constable of the hundred of Mansbridge, the latter being a well-willer to the New England Company, desiring him to search according to command. The constable answered that he would search when he thought good, commanding deponent to be gone, or he would lay him by the heels, and the said constable kept away his warrant and order, whereby his Majesty's business was neglected and hindered. 5th May 1638. [½ p.]
May 5. 91. Petition of Edward Henshawe, clerk, and Rebecca his wife, to Archbishop Laud. Petitioners exhibited a libel in the Court of Arches against Joan Maie, relict and executrix of Anthony Maie, executor of Thomas Maie, father of Anthony, of a legacy of 428l. 11s. 6d. bequeathed by the late Thomas Maie, and the cause being ready for sentence, Joan Maie has served them with a process of Privy Seal, and exhibited an information against them in the name of his Majesty's attorney, on behalf of Edward Maie, her son, his Majesty's ward, of whose person and estate she is committee, merely to weary out petitioners in that chargeable court. Pray order that, notwithstanding the said information, petitioner's cause may proceed to sentence in the Arches Court, or that the Archbishop would direct some course for petitioners more speedy and less chargeable remedy. [½ p.] Underwritten,
91. i. Reference to Sir John Lambe to take order as he should find just. 5th May 1638. [1¼ p.]
May 5. 92. Petition of Thomas King, vicar of Chishall Magna, Essex, to the same. Certain tithes given to the vicarage of Chishall Magna, by Adam Rumboll, and also the small tithes of the parsonage lands are detained from petitioner by Thomas Cooke, the impropriator, and the evidences thereof were taken out of the church chest by the said Cooke, and are by him detained. Cooke has also divers times interrupted petitioner in divine service and sermon, and brags that he will make him fly the country, and has threatened divers who have been witnesses, that none dare testify the truth against him. Prays relief, and order that he may show his writings concerning his impropriation, and be further proceeded against in the High Commission Court or otherwise ex officio, in regard petitioner is a poor man, and the vicarage not worth 30l. per annum, while the impropriation is worth 200l. per annum. [¾ p.] Underwritten,
92. i. Reference to Sir John Lambe to take such further order as he shall find fitting. May 5th 1638. [¼ p.]
May 5. 93. Petition of Thomas Whatman, on behalf of himself and the rest of the parishioners of Maiden Bradley, Wilts, to Sir John Finch, Chief Justice of the Court of Common Pleas and Chief Judge of the Western circuit. Maiden Bradley lies in Wilts, and the tithing of Yarnfield, part of the same parish, in Somerset, but has always been taxed in all parish rates with Bradley. At Easter sessions 1636 in Wilts a rate made including both was confirmed, but a later rate has been made excluding Yarnfield, and including land of Edward Seymour in Somerset, whereby controversy has arisen. Upon complaint of Henry Parsons, one of the churchwardens of Maiden Bradley, at the last Easter quarter sessions, against Thomas Whatman, for refusing to pay the last rate, the court excluded all the said lands in Somerset from the said parish rate, though they lie within the said parish, and are nowhere else taxed, either to the King's Bench, Maimed Soldiers, Gaol, or Hospital. Prays the Lord Chief Justice to examine the premises at the next assizes, and in the interim to give directions to the sessions to forbear proceedings upon their last order. [¾ p.] Underwritten,
93. i. "I appoint to hear the matters in the petition myself at the next assise. John Finch." May 5th 1638. [¼ p.]
May 5. 94. Agreement between Joshua Meene, vicar of Wymondham, and Nicholas Andrewes and John Smart, in accordance with terms stated in the order of the Archbishop of Canterbury and Bishop of Ely Calendared under date of 4th inst., No. 58. [2/3 p.]
May 5. 95. Sir John Curzon, Sheriff of co. Derby, to Nicholas. I received a letter from the Council, requiring me to review the assessments for ship-money of some particular townships. I made my assessments according to the usual course of the county, and charged no townships more than last year. Of these townships now complaining, none, except one, made complaint, but generally all the county complained of poverty and inability. Some of the townships now complaining had paid their moneys before they made this complaint, but are now provoked by Mr. Woolhouse, who the first year paid 10l. or 12l., and is now charged but 5l. For the future the Judges of Assize, by command of the Council, have required the Justices of Peace to settle the rates of the county with equality, and to relieve those whom they see cause, and my warrant by the Lords letter was pro hac vice tantum. I desire you to acquaint the Lords with this much. [Seal with arms. 1 p.]
May 5. 96. Account of Sir William Russell of ship-money received for 1636; total 188,077l. 2s. 3d., leaving unpaid 8,537l. 5s. 5d. Nicholas has added, that there was 588l. 6s. 3d. paid of the arrear of this year since the account of 24th March last. [1 p.]
May 5. 97. The like account of ship-money received for 1637; total 84,236l. 11s. 9d., leaving unpaid 112,177l. 15s. 11d. [1 p.]
May 5. 98. Account of ship-money for 1637, levied and remaining in the hands of the sheriffs, being 7,300l., making 91,536l. as the total collected, which is 8,756l. more than on 29th April 1637, and 22,079l. less than on 6th May 1637. [1 p.]
May 5. 99. Copy of a rule nisi in [the Court of Common Pleas ?] for a prohibition in a cause in an ecclesiastical court, between the churchwardens of Wigston Magna, co. Leicester, and Sir John Lambe. [½ p.]
May 6. 100. Petition of the Churchwardens of St. Olave's, Southwark, in behalf of the whole parish, to the King. In obedience to an order of your Majesty and the Council made the 15th April last, petitioners, having assembled the parishioners, acquainted them with the petition in that order mentioned, and likewise with your Majesty's pleasure. The parishioners authorize us to pray your Majesty to refer our parson to the judgment of the law, whereunto we readily submit ourselves. [½ p.]
May 6. 101. Similar petition on behalf of the parish of St. George, Southwark. They pray to be spared any increase to the parson, and that he may be left to the ordinary trials and judgment of the law. [½ p.]
May 6. 102. The Churchwardens and Vestrymen of the parish of St. Thomas, Southwark (whose names, 17 in number, are subscribed), to the King. Certify that, in obedience to order of the 15th April, they had assembled together, and that the Corporation of London, governors of the Hospitals of Edward VI. of Christ, Bridewell, and St. Thomas the Apostle, are parsons of the rectory of St. Thomas in Southwark, and that all the profits of the same belong to them, and that they have elected ministers to serve the cure of the said parish church, and have made such allowance to the said ministers as has been agreed upon between them; and that in October 1627 the corporation elected Benjamin Spencer, clerk, to be minister, who still serves the said cure. [1 p.]
May 6. 103. Petition of the Parishioners of St. Leonard, Shoreditch, to the same. Thero are 400 acres of good ground which pay church duties, besides orchards and gardens which pay tithe, and there is no abridgment of any tithes issuing out of any grounds upon which new buildings are erected, but rather an addition of profit to the vicar, by fees and Easter dues, and he has as much as any of his predecessors. If the vicar (who never yet demanded duty which was denied him) conceives any right detained from the church, it will require a decision at law. [Signed by 51 petitioners. = 2 pp.]
May 6. 104. The Churchwardens of St. Mary, Whitechapel, to the King. The parishioners under their hands have authorized us to return this their answer. Though they know your Majesty's wisdom and justice to be unparalleled by any prince in the world, yet they beg that they may not be pressed to any other way of determination of this matter than is afforded by your laws. Their minister's living is not incompetent, they being willing to secure him 400l. per annum. The increase of population has not increased his trouble, for the parishioners have built a new church at their own charge, and maintain two able churchmen to officiate therein. As buildings have been erected the minister's benefits have been enlarged. Within 60 or 70 years, it was not more than 70l., now it is 400l. Ground built upon still pays the same amount in tithes. The greatest increase is of buildings erected upon Wapping Wall, not a place which formerly paid any tithe. Every house in the parish pays according to custom, and besides pays the Easter offering of 2d. for every communicant, and other fees. [5/6 p.] Annexed,
104. i. Authority given by the parishioners of St. Mary, Whitechapel, to the churchwardens and vestrymen to answer his Majesty concerning the petition of the ministers. [Signed by 125 persons. = 2 pp.]
May 6. 105. The Churchwardens of St. Clement Danes to the same. The parishioners humbly desired to be excused from making any such submission, and authorized us, the churchwardens, to report their said answer. [1 p.] Annexed,
105. i. Names signed by themselves of parishioners of St. Clement Danes who authorized the churchwardens and vestrymen to give their answer to the King. 342 signatures; amongst them that of the Earl of Essex. [9 pp.]
May 6. 106. The Churchwardens and Vestrymen of St. Martin-in-the-Fields to the same. The parishioners with one universal consent refused to submit, which we most humbly certify. [1 p.]
May 6. 107. The Churchwardens and Vestrymen of St. Margaret, Westminster, to the same. The same answer. [1 p.]
May 6. 108. The Churchwardens and Vestrymen of St. Giles-in-the-Fields to the Council. Certificate that the parishioners refused to authorize the vestrymen or churchwardens to return to his Majesty their answer, but answered they would make a "demonstrance" to his Majesty. [½ p.]
May 6. 109. Certificate of the Churchwardens and Vestry of the Savoy. The parishioners refused to return their answer in writing, or to authorize us to submit the matter in question. [½ p.]
May 6. 110. Authority of the Parishioners of Newington, co. Surrey, to their Churchwardens. To present to his Majesty that their church is endowed with glebe worth 40l. per annum, with tithes of 480 acres, worth 90l., besides other small tithes, oblations, and obventions, worth 40l., which they conceive to be competent, few country parish churches, as theirs is, being better provided, and the parson's predecessors living well and contentedly when the maintenance was far under. Concerning rights pretended to be detained, by which we believe to be meant our houses, we are informed that no payment is of common right demandable by law, nor was ever made in our parish, and that our case is not like that of London, the parsons there having little or no glebe or tithes. As for any loss of tithes of land by new buildings, which are few, ground built upon exceeds ten for one to the parson, by oblations and obventions. We pray that our parson may be left to the determination of law, the rather that our parish is over-burthened with poor. [85 signatures. 2 pp.]
May 6. 111. The Churchwardens and Vestry of St. Saviour's, Southwark, to the King. Set forth the state of the churchwardens in relation to the two ministers who serve the cure, and the parishioners who pay dues and tithes. The rectory of St. Saviour's, composed of St. Margaret's and St. Mary Magdalen's, was parcel of the inheritance of the Priory of St. Mary Overy, and since the dissolution has been leased by the crown to the churchwardens, for the use of the parish. Under the last lease the churchwardens were bound to pay a rent of 47l. 5s. 4d., to build a grammar school, to maintain a schoolmaster and usher, to pay 60l. per annum to two ministers, and to repair the chancel. Subsequently to the granting of this lease, the parish bought the freehold of the rectory for 1,500l., and the same was conveyed by letters patent to John Bingham, George Payne, John Treherne, and Philip Henslowe, as trustees. The patentees were bound by covenant to pay 20l. to the schoolmaster, 10l. to the usher, and over and above 30l. apiece to the two ministers. They now allow Mr. Archer, one minister, 50l. a year in money and dues; and Mr. Morton, the other minister, 30l. in money; the whole rectory not being worth more than 200l. per annum, and the parish owing 580l., borrowed to pay the 1,500l. for the letters patent. The churchwardens and vestrymen conceive themselves bound by the trust; and the parishioners having been assembled, beseech your Majesty to spare them from the required submission, and permit them to enjoy what they have purchased at so dear a rate. [ = 2 pp.]
May 6.
112. Order of the King in Council. Information was given that when the order of 15th April last touching the submission of 16 of the out-parishes in the suburbs of London unto his Majesty, as other parishes had done, was published in the church of St. Gilesin-the-Fields upon Ascension day last, George Winder, a messenger extraordinary of the chamber, in the midst of a great assembly of parishioners, in most insolent manner affronted Dr. Haywood, his Majesty's chaplain in ordinary, and parson of that parish, and Lawrence Whitaker, a justice of peace, when they persuaded the inhabitants to submission; whereby, and by his affirming untruths, the votes of the parishioners were diverted from giving satisfaction to his Majesty's proposition. It was Ordered that the Lord Chamberlain should call Winder before him, and examine him touching the said offence, and if found as it was informed, should take order for his punishment, either by taking from him the countenance of his pretended service, or otherwise. [This paper contains also the substance of the next two papers, as if it was originally intended that the whole three should form one order. Draft. 2 pp.]
May 6. 113. The like. Upon information that George Winder has erected divers houses in the parish of St. Giles upon new foundations, and having made a composition for them two or three years since has not paid the same, It was Ordered that Sir Henry Spiller and Lawrence Whitaker, commissioners for buildings, should survey the said buildings, and certify whether they have been all built upon new foundations or not, that the Lords may give order for demolishing the same. [Draft. 1 p.]
May 6. 114. The like. His Majesty and the Board having seen the answer made by the parishioners of St. Giles, wherein they refuse to submit to his Majesty for an increase to the maintenance of their minister, at present not much exceeding 100l. per annum, out of which the said parson pays for a house to dwell in, and to his curate and otherwise 60l., It was Ordered that the Attorney-General, who is an inhabitant of the parish, advise with others of the parishioners to devise how the said maintenance may be raised to 200l. per annum, exclusive of what the parson pays out of it, or at least how a fit yearly addition may be added to the present means, and this to be done with all speed by such rates as the Attorney shall think most convenient. [Draft. 1 p.]
May 6.
115. Order of Council. Sir Richard Wiseman by his petition complaining that he cannot proceed in the suit against him in the Star chamber by reason that he cannot have the processes of the court delivered to him without money, It was Ordered that if he will make affidavit of his poverty he shall be admitted in formâ pauperis, but if not the Lords will not admit of his pretences whereby to delay the proceedings of the court. Sir Francis Dodington and Mr. Leighton are ordered not to go out of town till they have been examined on Sir Richard Wiseman's part. His complaint that he had been kept close prisoner five days longer than he ought to have been, the Lords are satisfied to be untrue. The order for his being freed, made on Friday morning last, was sent to him the same night. [Draft. 1 p.]
May 6.
116. Order of the King in Council. Upon hearing matters in difference between the city of London and the new corporation, concerning restraining aliens, binding apprentices, and granting freedoms within the privileged places of Blackfriars, Whitefriars, Duke's Place, St. Bartholomew's, and Coleherbert [Coalharbour], his Majesty declared his resolution to maintain the new corporation in their privileges granted under the Great Seal, and ordered that the recorder of London and the two chamberlains of the new corporation should attend the Attorney and Solicitor General, who are to reconcile as many of the differences as they can, and particularly to settle a way, how a freeman of London may work within the new corporation, and a freeman of the new corporation within the city of London, and to ripen for his Majesty's further consideration such differences as they cannot reconcile. In the meantime all suits are to be stayed, and his Majesty requires the new corporation to proceed according to their letters patent and his proclamations, so as his service, and the good which he intends thereby to his people, may not be retarded. [Copy. 12/3 p.]
May 6. 117. Draft of the same. [1¾ p.]
May 6. 118. The Council to the Bailiff of Blandford Forum, Dorset. The ship-money charged upon Blandford Forum for 1636, at which time W. Strechley was bailiff, is still unpaid, and yet he caused it, being 25l., to be assessed upon the inhabitants, and might have received the same. We require you to let W. Strechley know that we command him either to levy the 25l. and cause it to be paid to Sir William Russell, Treasurer of the Navy, by the second Wednesday in next term, or that you bind him over to answer his contempt before us. [Draft. 1 p.]
May 6. 119. Draft entry on the Council Register of the appearance of Nicholas Burlace, sent for for default of musters at Berrynarbor, Devon. [4 lines.]
May 6. The like of the appearance of Maurice Thomson, Oliver Clobery, and Oliver Read, of London, merchants, and George Lewin, of Redriffe, mariner, sent for upon complaint of the Guinea merchants. They are to remain in custody of a messenger till discharged. [Written on the same paper as the preceding. ½ p.]
May 6. 120. The like to Hugh Peachy, messenger, to fetch John Wiltshire, of Wilden, co. Bedford, and John Graienunce [Gray], of Milton, co. Bedford, constable. [Draft. ½ p.]
May 6. The like to Edward Stockdell, messenger, to fetch John Starkeys and William Wright, of Latton, Essex. [Draft, written on the same paper as the preceding. ½ p.]
May 6. 121. Richard Lane to Nicholas. Presents to him the condition of Northampton as it has been stated to the writer by the mayor and his brethren (see 1st May inst., No. 7). Desires the Lords' letters to the justices of peace of the county to take order that the town may be supplied with provisions fitting to relieve their necessities, as also with such contributions as may ease the heavy burden, and whereby their poor may be kept from straggling abroad, and some good order may be preserved. [2/3 p.]
May 6. 122. William Congham and Ambrose Money to Sir Hamon L'Estrange, Sir Francis Asteley, and John Coke. Acknowledge their offence in obtaining a patent for maintaining the quay in Wells Ducis, and their miscarriage towards the persons addressed; with their acceptance of the apology underwritten. [¾ p.]
May 6. 123. Minute of warrant of the Council to the Warden of the Fleet to set at liberty William Congham and Ambrose Money. [Draft. 1 p.]
May 6.
124. William Cox to John Malet, late Sheriff of Somerset. I sent to Higgins to receive an account touching the ship-money, and he has been about the country these five or six weeks, and has spent (he and a man) 40s., and can collect but 40s., notwithstanding he had extracts for at least 300l. The reason is, that upon the rumour of the judges' opinion no man will pay, but suffer their cattle to starve in the pound, or replevy, or wound them, if they see them taking any distress. Higgins was pierced in the back with a pike by a man whose name he cannot learn, as he was distraining, and has languished these ten days, and been like to die, otherwise he had come to London. I am persuaded I shall have the like account from others. I pray you acquaint Mr. Nicholas herewith, and know what course we shall take, for I see no other hopes but death, or what is as bad, perpetual suits, if we proceed in this kind. [Seal with arms. 1 p.]
May 6. 125. Certificate of 14 parishioners, including the late and present churchwardens, of Iver, Bucks, to Sir John Lambe, official of the Archdeaconry of Bucks, or to his commissary Dr. Roane. Hugh Lloyd, vicar of Iver, lately suspended for not appearing at the last visitation, was at that time prevented by a violent fever. [1 p.]
May 7. Warrant to pay George Lord Goring 6,000l. with 189l. for interest, in satisfaction of two sums of 3,000l. paid to the Prince Elector Palatine in part of arrears of his pension of 2,000l. per annum. [Docquet.]
May 7. 126. Petition of Anthony Stanford and Bartholomew Bishop to the King. Petitioners have found out an invention to work iron of the first melting, known as raw iron, sow iron, or bloom iron, into perfect merchant iron or bar iron, without wood coals, stone coals, or pit coals (see 1st May inst., No. 10). Pray a grant for 14 years of the sole privilege of making iron their way, paying such moderate rent as your Majesty shall think fit. [¾ p.] Underwritten,
126. i. Minute of his Majesty's pleasure that the AttorneyGeneral prepare a patent as desired. Whitehall, May 7th, 1638. [¼ p.]
May 7. Petition of Thomas Killigrew to the King. Your Majesty lately resumed into your hands a suit which heretofore you granted to Cicely Crofts, petitioner's late wife, who with petitioner prosecuted your Majesty's title thereunto in your Court of Exchequer [by information] exhibited by William Noy, late Attorney-General, against Sir Peter Riddell and others who have gained a great estate by intrusions into your coal mines at Benwell. The cause has received five hearings, and now a new information is ordered to be exhibited contrary to your Majesty's commands (see 12th February 1637–8, p. 247), for amending the defects and rehearing the cause. Prays a reference on the validity of the information to a committee of the Privy Council, and in the meantime a stay of the said order. [Copy. See Vol. cccxxiii., p. 292. ½ p.] Underwritten,
i. His Majesty will hear this business himself, and therefore commands a stay of entering the order mentioned in the petition, until he has declared his further pleasure. Whitehall, 7th May 1638. [Copy. Ibid. ¼ p.]
May 7.
127. The Council to the Mayor of Colchester. You were required to levy in Colchester 400l. for ship-money. We are informed you have neither paid any part thereof, nor given any account of your progress. We not only admonish you of your remissness, but require you to hasten the collecting of the said sum, and to pay the same to the sheriff, or the Treasurer of the Navy, by the first Tuesday in next term, or else that you attend the Board. [Draft with underwritten memorandum, that like letters had been written to Maldon for 80l., to Thaxted for 40l., and to Harwich for 20l. 1 p.]
May 7. 128. Draft entry on the Council Register of the appearance of William Baker, late surveyor of highways for St. Martin's-in-the-Fields, sent for on the complaint of his Majesty's surveyor of highways. He is to remain in custody of the messenger till discharged. [¼ p.]
May 7.
129. Pass under the Common Seal of the Council of the Society of Fishing of Great Britain and Ireland, for William Upshire, of London, merchant, who had been sworn and made free of the said society, and was employed for the adventurers in the trade of fishing to the Isle of Lewis and other isles in Scotland. [Signed by Nicholas. ⅓ p.]
May 7.
130. The like pass for Hugh Cocke, of London, merchant. [½ p.]
May 7.
C. C. [Coggs ?]
131. Sir Thomas Penyston, Sheriff of co. Oxford, to Nicholas. Hopes his last letter may remove those ill opinions of his neglect and disaffection to his Majesty's service. He has 1,000l., and endeavours to return it, but his daily expectation of more denies him liberty to come up before next term, when he hopes to have a good addition to it. [Seal with crest. 2/3 p.]
May 7.
132. Nicholas Stoughton, Sheriff of Surrey, to the same. I have received 1,450l., whereof I have paid to Sir William Russell, 1,150l., and to George Price by Sir William's order 300l., and there is near about 100l. remaining in my hands. The whole charge of the county being 3,500l., the boroughs of Southwark, Guildford, and Kingston are charged respectively 360l., 50l., and 81l.; what moneys they have received or paid in I know not. I cannot yet send you the parochial and ecclesiastical rates. Very many in divers parts of the county deny payment, and threaten the collectors with actions if they distrain them, whereupon the collectors forbear distraining, and desire to know how they shall be secured or saved harmless from such actions, and are not satisfied when they are answered that their warrant will secure them. I would therefore desire the direction of the Board herein, what shall be said or done to those collectors who refuse to distrain unless they be further secured, and what with the distresses; they cannot be sold, no man being willing to buy them. [Seal with arms. 1 p.]
May 7.
133. Sir John Hewett, Sheriff of co. Huntingdon, to the same. The country's averseness has caused my proceedings to be slow in getting money, a great part of which has been raised by distress, and that from several places and by small sums, which at last is come to about 500l., besides what I paid in before and what is in the collector's hands, noways doubting before this time to have brought it to 1,000l. Now of late the towns refuse to pay, and the collectors nor constables do obey my warrants, nor will come to give accounts of what is in their hands, but the bailiffs distrain, and one of them was told publicly by Oliver Jackson, a schoolmaster in Fenny Stanton, that neither he nor I had authority to distrain, and that they were fools to pay, and some there are that openly threaten to sue me, and I have been told by a constable to my face, they are not to pay now. Notwithstanding, I will not desist from distraining, and mean to bind over refractory persons, but without countenance and protection from the Lords, and some exemplary course to be taken with the contemners of the service, I shall not be able to do what I would. All my time I spend about it, and I have omitted all my own business, and stir not out of the country, but the success neither answers my pains nor expenses. [Seal with arms. 1 p.]
May 7. 134. John Nicholas to his son Edward Nicholas. Sends receipt for money received by Edward Nicholas of Mr. Byrch, and remitted through the writer to Mr. Lyttleton. Acquainted the bishop with Edward Nicholas's willingness to do him service, and that he would have waited on him but for sickness. He took it kindly, and has written to him. Edward Nicholas may do his country good, and especially that neighbourhood, who are much oppressed by the postmaster of Sarum, Roger Bedbury, the innkeeper of the Three Swans in Sarum. Sends copy of a warrant Bedbury has procured from the Secretaries of State. By virtue thereof he sends his warrants to the constables to bring in horses furnished, and to pay for their keep, and employs them, not in his Majesty's service, but to his own benefit. Leonard Bowles, one of the constables of the hundred of Alderbury, being required, brought in horses, and in his presence a minister coming to the postmaster to hire horses, he delivered to the minister one of them. The constable asked the postmaster wherefore the minister rode post, imagining he was not employed in his Majesty's service, to which the postmaster answered, he rode for a benefice, as he thought. If Edward Nicholas may prevent the postmaster's knavery, prays him to do so. Thanks for tobacco, and various details respecting a brother of Edward Nicholas, and respecting his sons, Jack who was at school at Winchester, and Ned at Gillingham. [Seal with arms. 2 pp.] Enclosed,
134. i. Roger Bedbury to the constables of the hundred of Alderbury. Recites warrant from Secs. Coke and Windebank, Controllers-General of the posts, dated 13th February last, for sending to Bedbury ten or twelve able horses from New Sarum or six miles compass. By virtue thereof requires the persons addressed to send on the 9th inst. six able horses with furniture, to be ready for his Majesty's service for two days and two nights at the charge of the owners. 5th May 1638. [1 p.]
May 7. 135. Certificate of Henry James, Mayor, and three others of Totnes, that notice was given by Andrew Pawling, messenger, for the appearance of the corporation of that town in the Exchequer, to pass their accounts for casual profits due to his Majesty. The casualties mentioned are granted to that corporation by charter, and they are no escheators, but they are willing to take such lawful course in the premises as shall be fit. [½ p.]
May 7. 136. Certificate of Nathaniel Snape, Justice of Peace for Middlesex, that Roger Burgoyne, son of John Burgoyne, of Sutton, co. Bedford, had taken the oaths of allegiance and supremacy before him. [2/3 p.]
May 7. 137. Certificate of receipts and payments of the Court of Wards and Liveries between 1st March 1637–8, being the day of the last certificate, and 7th May 1638. Total received, 9,778l. 11s.; paid out, 9,311l. 18s. 3d. Among the payments were, 1,000l. to the Cofferer; to the Treasurer of the Household, 3,000l.; to the Prince, 2,500l.; pensions, 1,288l. 0s. 2d. The last were payments to the Duke of Lenox, the Countess of Anglesey, Lords Grandison, Willoughby, and Conway, Sir Thomas Edmondes, Sir Francis Biondi, Sir Benjamin Rudyard, and Thomas Bray. [¾ p.]