|
| Oct. 12. |
Presentation of Robert Rich, clerk to the vicarage of Gedney in the
diocese of Lincoln, now void by the free resignation of Dr. Weames,
the last incumbent, and in his Majesty's gift pleno jure. [Docquet.] |
| Oct. 12. |
Commission to Solicitor-General Littleton and others to examine
witnesses upon oath touching differences betwixt Edward Deacon
and William Clowberry, and other merchants of London. [Docquet.] |
Oct. 12.
Yeovil. |
1. Theophilus Collins, Portreeve of Yeovil, to the Council. According to your directions of the 12th August I have caused enquiry
to be made concerning 3l. in arrear for ship-money for 1637 (Joseph
Haine, deceased, being then portreeve), and the money to be demanded of certain persons named in the enclosed, who refuse to pay
the same. I crave your further directions what course to take for
the collecting and levying thereof. [Seal with device. 1 p.] Enclosed, |
|
1. I. Note of persons in arrear of ship-money for 1637 in the
borough of Yeovil, Joseph Haine being at that time portreeve. Signed by Collins and Haine. [¾ p.] |
Oct. 12.
Exeter Palace. |
2. Bishop Hall, of Exeter, to Archbishop Laud. I was not only
glad, but almost proud of your acceptance of my poor but bold
motion; which that it found favour in his Majesty's eyes upon your
recommendation was as much above my hopes as above the possibility of my thankfulness. I humbly rest on the grounds of his
Majesty's most wise and just resolution, although that which I propounded was not in any aim at the reclamation of those stiff spirits,
but at their conviction and shaming, together with the satisfaction
and settling of any wavering minds at home or abroad. But since
it has pleased his Majesty to lay aside that thought, I am most
submissively silent. As for that motion (which, coming from your
hand, is no less in my construction than a command) of my undertaking this great task of writing some satisfactory discourse on this
subject, I beseech you to give me leave to say it doth too much
over-value me; if you did but know my great weakness so well as I
know my little strength you would not have singled me out for so
high and noble an undertaking. I confess in a holy zeal to the
cause no man shall outstrip me; in abilities, too many; yet since
it has pleased you to honour me so far as to think me capable and
worthy of such an employment, I shall most gladly (without prejudice to any more able pens) endeavour my best this way; but
would you give me leave to suggest another motion, I think I
should intimate that which would not a little advance the success
of this great service. Single labours will be easily passed over with
neglect; what will the vulgar be more apt to say than, "This is
but one doctor's judgment! and Vis unita fortior." Might it
therefore please you to single out and empannel a whole jury of
learned bishops and divines to join together on this subject, it could
not choose but sway much with the world. And, since I have
taken the boldness to move so far, will you give me leave, out of
the zealous intention of my thoughts upon the speed of this notable
service, to propound some further speciality:—If, therefore, in Ireland, the Lord Primate, the Bishop of Kilmore, the Bishop of Down
and Connor—men, as you know, of singular note in the Church;
here, at home, the Bishops of Durham and Salisbury (and, if you
shall think me worthy to come in the arriere of these great and
famous prelates, I shall not fail of my best), with them the professors and some other eminent doctors in the name of both Universities, and three or four of the bishops and doctors of Scotland, shall
be enjoined by you to express their judgments fully concerning these
two heads of episcopacy and lay presbytery, and to print them
together, it will be a work that will carry in it such authority and
satisfaction as will give great contentment to the world and carry
in it a strong rebuke of the adversaries. If your leisure and resolution should so lead you as to be seen in the head of this learned
squadron, the work would bear not much less sway than if it were
a synodal act. Neither would I wish that each of these should
write a volume of this matter, but succinctly (though fully and
clearly) declare themselves in these particulars, with such evidence
of scripture, antiquity, reason as may most convince; but whether
this should be done in thesi or in hypothesi, whether in way of
parænesis, or apology or reproof, I submit to your judgment and
direction. P.S.—After I had sent away my letters of complaint concerning Cox the man came to me, and upon our second and third
conference began to relent, and finding that I had sent up his
sermon to you, resolved to wait voluntarily upon you, so as I hope
you shall at once hear of his offence and submission. If so, a free
and public recantation would do more good here than his exorbitance has done hurt; he has been usque ad invidiam, conformable,
and is a sufficient scholar, and of unblamable conversation otherwise.
[Endorsed by Archbishop Laud as "Received Oct. 16, 1639. The
Bishop of Exeter. That more than one should write in defence of
episcopacy against the Scots." Seal with arms. 2¼ pp.] |
Oct. 12.
Dover. |
3. Theophilus Earl of Suffolk to Sec. Windebank. I know that
you hear all particulars from the Downs by Sir John Pennington,
what ships are fired and what run aground, wherefore of that I shall
not need to write; but of that which has happened towards the
west from Dover may happily by this way come best to your
knowledge, and these are the particulars which I have received
from Nicholas Roberts, a sea captain, whom I have employed on
purpose to gain true intelligence, (viz.,) two of the Spaniards, being
two leagues from Dover towards Folkestone westward, were taken
by 15 sail of Hollanders, and another Spanish ship was, within a
league of the same place, fired and blown up. It is further reported
that five more of the Spaniards have blown up themselves, whereof
it is thought the admiral is one. Of the Spaniards taken, two Holland men-of-war have brought one within three leagues of Dover,
and there yet ride with her. It is verily believed by all understanding mariners that the fight is ended, and that the most part
of the Spanish fleet, besides those aground in the Downs, are fired,
taken, or blown up themselves. [From the cover it would appear
that this letter was despatched from Dover on the 12th of October,
half an hour after 9 in the morning, received at Canterbury
past 1 in the afternoon, at Sittingbourne past 3 in the afternoon,
Rochester almost 6 at night, Dartford past 10 at night, and
received by Windebank on the 13th, in the morning. Seals with
arms. ¾ p.] |
| [Oct. 12 ?] |
4. News letter containing a continuation of the relation of the
[engagement between the] Spanish and Holland fleets. Since the
last news there came intelligence that it was not the Spanish
admiral, Don Antonio de Ocquendo, who blew up his ship, but Don
Andrea de Castro, the admiral of Portugal, which may be pardoned
as an easy and small mistake in the relator. This is certain, that
the greater part of the Spanish fleet is ruined. The fight was performed bravely on both sides, and to understanding men seemed
rather too desperately than discreetly managed. But Martin Harpenson Tromp, the Dutch admiral, a man advanced to that honour,
not for noblesse of birth, but merit, whose boldness in assailing
ended the controversy, himself still surviving in health and glory of
his victory, and lying now at anchor in the Downs, where at his
first arrival, as a salute to his Majesty's fleet, with the sea compliment of striking sail in token of acknowledgment that his Majesty
was sovereign of these his seas as well as the land, he shot off 19
pieces of ordnance. Don Antonio de Ocquendo, whom the Spaniards
called their general, and not admiral, is said, with four other ships,
to have got under the fort at Dunkirk, for, though pursued by eight
States men-of-war, having his sails filled with wind, they could not
reach to board him, nor make such use of their fire ships as they
might have done had he lain at anchor or in harbour. Some of the
Spaniards ran ashore out of the Spanish ships which were driven
aground by the Hollanders, rather expecting safety by land than
sea, though in their floating houses they wanted nothing but hearts
to defend them, and upon land, being bare and naked, were subject
to all injuries. While I am relating the sea business, I must not
forget what chanced on land; as there is some good to be got by good
neighbours, so doubtless there is much evil by evil ones: as if two
houses, though on sundry sides of the street, be on fire, the near
dwellers cannot be secure. Deal, Notus Cæsareis locus trophæis,
(as Mr. Camden has it, out of Leland's Cygnea Cantio, a town once
unfortified, but now fenced with a castle, by the care and cost of
Henry VIII.,) stood in some danger by the shot at random which
flew from the two armadas. A bullet fell into a stable and struck off
a horse's head whilst eating his meat in the manger, but the loss was
no more; the people were more affrighted than hurt; and had not
some been more discreet, then the vulgar would have left the town
for the present, and secured themselves elsewhere. And yet the
strand was not secure; the shot reached thither too; and a minister,
whose calling might have restrained his curiosity, riding upon the
shore to see the sea fight, had his horse killed under him by a roving
shot, though his person was preserved. This is all I can inform you
of for the present; each hour produces more; and as this relator
promises his friend, we promise the readers that upon our next
certain intelligence they shall have a further and a fuller information. [4 pp.] |
| [Oct. 12.] |
5. Copy of the same. [1½ p.] |
| Oct. 12. |
6. Account by Sir William Russell of ship-money for 1638. Total
received, 41,722l. 12s. 9d.; in arrear, 28,027l. 7s. 3d. Mem.—Since
the last certificate, 265l. 5s. 4d. of the 1637 arrears has been paid.
[1 p.] |
| Oct. 12. |
7. Account of ship-money for 1638 levied and remaining in the
hands of the sheriffs, total 1,921l., making, with the 41,722l. paid
to Sir William Russell, 43,643l. Arrears due, 1635 = 4,536l.;
1636 = 7,181l.; 1637 = 20,194l.; 1638 = 26,027l. [1p.] |
Oct. 13.
Queen Street. |
8. Algernon Earl of Northumberland to Sir John Pennington.
The report of the conflict between the Spaniards and the Hollanders
is so various, some saying one thing, some another, that we know
not what to give credit to. Capt. Hall saith, and likewise your
relation, that there are 24 Spanish ships run on ground; others
speak but of half that number; the captain likewise says that there
were four or five ships burnt and sunk; but others that were upon
the place say there was no such thing. Wherefore, for resolution of
these doubts, I would have you speedily to acquaint yourself with
the very truth of those accidents, and to certify the same unto me,
as also what else is come to your knowledge concerning those two
fleets. His Majesty, being informed that his own subjects in those
parts have pillaged such Spanish ships as lie there abandoned, is
much displeased at it, and commands that no person whatsoever
presume to offer any injury to them, or anything therein, and that
you take the best care you can to protect them with all your
power, not only from the Hollanders, if any should return to molest
them, but likewise from such as shall come from the shore to abuse
them, of which his Majesty's pleasure you are to take especial
notice, and to put the same into execution accordingly. The 10
ships are upon their way, making all the haste they can to be with
you, and I doubt not but some of them will be in the Downs before
these come to your hands. Their captains are all furnished with
instructions to obey your commands, and you are to dispose of them
as occasion shall require for his Majesty's service. [P.S. in the
Earl's own handwriting.]—Divers of the Spaniards that are come
ashore at Deal desire to transport themselves for Dunkirk, and to
that purpose have been humble suitors to his Majesty for convoy,
which his Majesty has been pleased to grant; therefore, when they
come to demand convoy of you, the King's pleasure is that you give
it to them. You shall very shortly hear further from me by Capt.
Hall. [2¼ pp.] |
Oct. 13.
Dover, 5 p.m. |
9. Theophilus Earl of Suffolk to Sec. Windebank. In pursuit of
my former way, in giving you advertisement of the fortunes of
the Spanish fleet which to themselves have unhappily fallen out, I
am now again to let you know that the whole fleet of the Hollanders has returned from the chase, and now lies at this instant in
Dover Road before the castle, with purpose to remove thence as
the tide and wind serve. I sent one on board to learn the particulars from them of the Spaniards' defeat, and, in short, thus it is,
that they are all absolutely defeated: some taken, some fired, some
sunk, and the rest driven ashore upon the French coast; to conclude,
the Hollanders made answer to those I sent that the whole Spanish
fleet was absolutely overthrown. [¾ p.] |
| Oct. 13. |
10. Copy of the same. [3/5 p.] |
Oct.13.
Deal Castle. |
11. Sir John Manwood to Theophilus Earl of Suffolk. This
morning I made an accord with Don Andreas de Castro, the copies
whereof I send you, and, according to my engagement, I had furnished them with boats, so that the most part of his men were
embarked, but the Hollanders' fleet coming in this evening, and
riding at anchor before Walmer Castle, I find they get almost as
fast ashore as they went aboard, so that I know not what to do
more for the present but to desire you to send a speedy order to
Sandwich, to send one of their companies hither to remain here
upon guard till the next morning after, and that they be here by
noon, as likewise that the other company may relieve them upon
the same terms, and that the mayor may be here to assist me.
Before these two watches are past I hope you will procure some
further order from court, both for assistance and further direction,
for I do not find the county too forward to assist without order
from the Lord Lieutenant or his deputies. I beseech you to send
me your order touching giving the Spaniards quarters, if you
approve of it, for upon my conscience they have no inclination to
stir from hence, neither indeed can they well. [1 p.] Enclosed, |
|
11. i. Don Andreas de Castro, General of the Armada, [to Sir
John Manwood.] Promises to embark the Spanish soldiers
now ashore at Dover. [Copy, in French. ½ p.] Annexed, |
|
11. ii. Reply of Sir John Manwood, consenting to supply small
boats for the purpose above mentioned. [Copy in French.
½ p.] |
| Oct. 13. |
12. Copy of the above letter. [¾ p.] |
Oct. 14.
Dover. |
13. Theophilus Earl of Suffolk to Sec. Windebank. The posts
are so continually employed at this time, that I am willing to spare
their pains where the occasion doth not urgently require it, and
therefore have made use of the bearer for the conveyance of this
my letter to you, whereby you shall receive some private observations of my own, tending to his Majesty's service, for I hold it
my part to let nothing fall to the ground that has a face looking
that way. I find in the people of these parts a general hatred
towards the Spaniards, and by the contrary, as much good will to
the Hollanders. I likewise perceive that the Spaniards are displeased, for I having some understanding of the Spanish language,
and having occasion to go much up and down in my coach from
place to place in this town, I hear them discourse one to another of
their misfortunes, saying that it could never have happened unto
them unless the English had connived and been glad of the Hollanders' victory, bursting forth into great rodomontades that the
King of Spain would revenge himself upon the English and stay
the merchants' ships which are in Spain. This I thought fit as a
friend to acquaint you withal, that you may thereby make what
use thereof you shall think fittest, for albeit it be no matter of
public advertisement, yet howsoever there can no loss come thereof,
but of my pains in the writing and yours in the reading. [2 pp.] |
| Oct. 14. |
14. Copy of the same. [1 p.] |
Oct. 14.
Dover. |
15. The same to the same. You may haply wonder to receive
so many letters from me, one after the other, and at this time. I
should awhile have passed by your trouble, had there not this day
happened an occasion, as I conceive, of some importance and trenching
upon his Majesty's honour. One of the Spanish gallions was driven
for his relief by the Hollanders close to the shore under the castle
of Dover, whereupon I caused as many pieces to be mounted as our
weak means would give me leave, both in the castle and bulwark
underneath it, and presently the Spanish ship shot off a piece for
help and the Hollanders presently made towards him. Then the
castle shot by my command, being present, and struck a fire-ship
that was coming to lay hold of the Spaniard, so that the fire-ship
missed to lay hold and yet was burnt herself. The castle's shooting
as often as they could kept off the Hollanders for a time, and thus
we continued shooting and the Hollanders sometimes coming on and
sometimes falling off all the day, until the night coming on we
knew no longer at what to shoot, and they taking the advantage of
the night towed the Spanish ship off and carried her away very
near the shore and in the face of the King's castle, which, as I
conceive, was a careless part of what interpretation might be made
thereof, and out of my duty I have thought it my part to acquaint
you therewith. I have caused Sir John Manwood to lie at Deal
Castle, and there to take the best order he can concerning the
Spaniards come on shore, and having received this letter from him
[see p. 33, No. 11], for the better saving you further trouble
I have sent it enclosed, desiring you to move his Majesty for some
present order therein, for at Dover, where I myself am, the same
inconvenience lies upon the town, and I guess the number at Dover
and Deal to be about 2,000 poor and miserable people as ever I
beheld, for the most part without any money at all, insomuch as the
town of Dover would not have received them, if I had not passed
my word to see them satisfied for their victuals and lodging.
[1 p.] |
Oct.14.
Surfleet. |
16. George Little to Sec. Windebank. Since the time I received
order from you for the letting of your grounds in the Great Level
in Lincolnshire, undertaken by the Earl of Lindsey, I have endeavoured to advance them to the highest rates I could for your benefit,
but the country people are very backward in hiring any fengrounds, and as yet very little or none is let, nor any benefit made
of most of it, excepting such places as received some benefit of water
to fence them, because the work was not perfected. Yet at this
present I can let all your ground at good rates, considering the fall of
ingrounds already with us in the country, and the rates at which the
Lord Keeper and Lord Cottington have already let [theirs] for in the
same fens where your ground lies, which is in every respect answerable to yours in goodness, viz., your pastures in Pointon Fen at 9s.
per acre, which is 12d. the acre more than the [lands of those] lords
have let for, and the same rate for your pasture in Quadring Fen.
There are two tenants for Pointon Fen, namely Mr. Connie, a
gentleman of quality, and Thomas Burton, a neighbour of good
ability, both intending to repair to you this term. Connie would
hire Quadring Fen also. Thomas Dowghtiman, a very sufficient
man, would become tenant for your ground in Bicker Fen at 10s.
per acre, and to have a lease for 21 years, and as for your ground in
Howell Fen, I make no doubt but to let it for 10s. per acre. Now
if it please you to accept of these rates and tenants, and that I
may receive answer of your acceptance, I will immediately acquaint
the parties. [1 p.] |
| Oct. 14. |
17. Certificate of John Hooker, justice of peace for Westminster,
that William, Alexander and Robert Steward, and John Dilgardno,
had this day taken the oath of allegiance before him. [½ p.] |
Oct. 15.
Queen Street. |
18. Algernon Earl of Northumberland to Sir John Pennington.
His Majesty finding by your letters of the 14th inst. that a great
part of the Holland fleet is returned into the Downs, and having
considered the answer of the Admiral of Holland given to those
captains you sent to them, that he hopes the destroying of the rest
of their enemies will not be displeasing to his Majesty, has thereby
cause to believe they have a purpose to commit some second
insolency in the like kind upon those Spanish ships now in his
Majesty's road and protection, and has therefore commanded me to
signify his pleasure to you that forthwith upon receipt hereof you
let the said Admiral know in his Majesty's name that since he had
not the patience to forbear assaulting the Spaniards for a few days,
notwithstanding the assurances given by his Majesty that he
would prefix a short time for the departure of both fleets out of the
road, his Majesty will not suffer a second attempt to be made upon
those Spanish ships now under his protection, and that for prevention thereof and of further disorders, his Majesty's pleasure is that
the said Admiral, together with his whole fleet, do immediately depart
out of that road, his Majesty being resolved, until he shall have
received satisfaction for the insolency already committed, not to
allow them the liberty of his ports or roads. And if they shall
refuse to yield obedience to this his Majesty's commandment, then
you shall endeavour with all the power and strength you can make
to force them out of that place. But this you are not to put in
execution until the ten ships that went from hence be come unto
you, neither then are you to send this message to the Holland
admiral, nor to discover anything whereby he may suspect your
purpose till you be all fitted and ready to give on in case he refuse
to conform to what his Majesty requires. You are to give convoy
to such Spaniards as are now in the Downs and desire to go to
Dunkirk in English vessels, which they intend to hire for their
transportation. Of all which you must not fail, as you will answer
the contrary at your uttermost peril. [2½ pp.] |
| Oct. 15. |
19. Draft of a portion of the above letter in the handwriting of
Sec. Windebank. [1¾ p.] |
Oct. 15.
Queen Street. |
20. Thomas Smith to Sir John Pennington. As in all other
actions where there are many standers by there will be as many
censurers, so in the business lately passed in the Downs your
demeanour, especially as it was subjected to the view of many, so
hath it suffered censure and judgment of divers, and that not with
the most gentle and impartial note, but otherwise. For some, whom
I could name to you and may peradventure hereafter, tax you, and
that to my Lord. First, that you lay not always by the broadside of
the Holland admiral, whereby they say you might have prevented
his weighing; but I have beaten them out of that foolish opinion.
Secondly, they blame you for not riding nearer when the attempt
was beginning, that so you might have been ready to have met
with the Hollanders as they came near the Spaniards, and so you
might have given the Spaniards courage, and then those 22
would not have run ashore. Thirdly, that when you were in the
breach of the Hollanders you did not prosecute them as you might,
but returned suddenly, which encouraged the enemy pursuing and
disheartened the flyer. Fourthly and lastly, that you omitted to
seize upon the two Hollanders that were aground and had got off
and were in your power. By all these it is imagined, and would
be concluded by some, that you have been partial and that you
have kept secret intelligence with the Hollanders, to the betraying
of the Spaniards. And one thing more they object against you,
to wit, that you sent to the Spaniard, assuring him that you would
never relinquish him till you sunk with him, and then left him in
the open field. This is the discourse of those that love neither you
nor truth, and this is fomented by the Papists and Spanish faction,
who are not contented to injure you but do labour with all the
might they can to cause a breach between us and Holland, a
greater mischief than which there cannot be. 'Twere better the
King fell out with France and Spain both. I long to have an
hour's discourse with you, to tell you what rogueries there be in
this little English world. But for what concerns you I am confident you will come off with honour, notwithstanding the malice
of all those profane knaves who hate those honest Protestants
whom they now term Puritans. I have purposely given you a hint
of all those objections I have heard made against you, that you may
the better arm yourself for defence, and as I shall learn anything
else whereof I will be very inquisitive I shall be sure to impart it
to you. I beseech you to accept this as a fruit of my love, for it
would be a grief to me to see you suffer in a just cause, as some go
about to bring to pass who do labour much to have you sent for
hither. I have endeavoured much and shall do still to possess my
Lord of your innocence, though I know knaves there be that strive
to abuse you. Pray take no notice of anything I have written to
you. If this cocatrice-egg be not quickly dashed in pieces by some
good friend it will too soon crow loud enough to your hearing, but
we hope the best. I am suddenly cut off by the hasty coming away
of this packet. Howsoever, I shall pray with all my soul for your
good success and happiness. P.S.—My service and true love to my
brother Carteret and the rest. Capt. Hall comes away to-morrow
morning betimes by my Lord's order. [3¾ pp.] |
| Oct. 15. |
21. Copy of a portion of the above. [1 p.] |
| Oct. 15. |
22. Report of the Referees to the Council upon a petition [see
Vol. ccccxxvii, No. 89] of English journeymen apprenticed to the
trade of workers of tuft-taffeta and broad silk. According to
your commands we have called all parties therein concerned and
examined each particular, but find very few of the journeymen of
this trade to be out of employment, and that such as are have been
discharged from their masters for misdemeanours, as is alleged. Also
the complaint against the masters of the company for keeping many
apprentices and few journeymen is without cause, for upon
examination we find none of them to have exceeded their orders
whereby they are limited, and that in the total they have more
journeymen than apprentices. And concerning the raw silk mentioned in your reference, it is acknowledged to be much abated in
price, but serves not for this occasion. And as for the silk used in
making of stuffs we find it fallen in the price 2s. in the pound or
thereabouts. But the stuffs that are therewithal made are grown
cheaper in a greater proportion. The causes alleged are the great
quantities of silk stuffs lately brought from China and sold at very
low rates, the general interruption and deadness in all kind of
trading for these last twelve months, and the prohibitions and
restraints procured by the Company [of Weavers'] upon the commodities, which being since found to be prejudicial you have redressed.
These things occurring have caused a stand and decay in their
trade, which by their care and diligence may in short time be
restored to its former state. There is also a general complaint of
the whole company that by a certain proclamation they are compelled to pay 16d. the pound for the dyeing of their silks, which
was wont to be done (as in other things) according as they could
agree, and for 10d. or 12d. the pound at the most, the overplus
whereof is wholly to the benefit of the dyer and nothing at all to
his Majesty. So that upon consideration of all these things we
conceive the whole company to be at this time much necessitated,
whereupon those masters that are strangers children and born here,
who pay more to his Majesty than the others, have taken occasion
to make an abatement of their journeymen's wages, alleging that
they are no ways able-to pay a greater duty than the rest. And
we are of opinion, if you would please to make these equal to the
others, these differences would be soon reconciled, and but little
loss unto his Majesty, by reason that more stuffs would be then
made than now there are. [2 pp.] |
| Oct. 15. |
23. Bond of Francis and Habel Feckman and Humphry Monox,
gentlemen, of Turvey, co. Bedford, the first-named in 40l., and the
two last-named in 40l., for the appearance of Francis Feckman
before the Council on the 21st November next, to answer such
matters as shall be objected against him concerning his conducting
of Bedfordshire soldiers out of the North parts, and not to depart
without license. [Strip of parchment.] |
| Oct. 15. |
24. Information taken at Ampthill before William Briers and
others, justices of peace for co. Beds, concerning the conducting of
the soldiers into Bedfordshire from the Northern parts. Names of
soldiers who charge Mr. Feckman with detaining part of their pay.
Feckman acknowledges [to have received] pay but for 43 men who
were delivered into his charge. [1 p.] |
| Oct. 16. |
Presentation of Thomas Harrison, clerk, M.A., to the rectory of
Lanivet, Cornwall, in the diocese of Exeter, void de jure, and in his
Majesty's gift hâc vice by lapse of time, simony, or otherwise.
[Docquet.] |
| Oct. 16. |
25. Petition of Elizabeth Salmon, widow, executrix of John
Duling, her father, deceased, who was one of the patentees of the
forest of Galtres, co. York, and of the New Park there, to the
King. Sir Allen Apsley, late Victualer of the Navy, was indebted
to Peter Lennart, Thomas Austin, and John Duling, for victuals
delivered to the Navy in the voyage to the isle of Rhé, in the sum
of 9,000l., and for money lent 6,000l. That in 1629, at the suit of
Sir Allen, his Majesty did grant the forest of Galtres to Lennart,
Austin, and Duling, in consideration of 20,000l., to enable Sir Allen
to make payment of the aforesaid sum. Peter Lennart and John
Duling, two of the patentees for the forest of Galtres and the new
park there, are deceased, and Thomas Austin, the surviving
patentee, could never be brought to give in a true account either
to Lennart or Duling in their lifetime. Thereupon petitioner, being
executrix to her father, was forced to sue Austin in the Court of
Chancery. In the meantime other creditors of Sir Allen Apsley
have petitioned the Council that Austin may surrender the new
park which was granted to the foresaid patentees with the said
forest. The Lords have thereupon ordered that Thomas Austin
shall make his surrender of the said park presently, and be secured
from the petitioner and all others for his so doing. The said
Austin has also confessed in his petition and made it appear by
his accounts that there is yet due to the patentees 4,091l. 9s. 6d.,
whereof the moiety is due to the petitioner by the said Austin's
own confession and himself almost fully satisfied. Prays his
Majesty to commiserate a poor widow left with six children and
to recommend her suit by referring it to the Council, that she may be
fully heard, and in the meantime the aforesaid surrender be respited
till she has made her just demands in the premises before the Lords
that she may then receive with the rest of the creditors out of the
said new park so much as shall appear to be due to her father.
Underwritten, |
|
25. i. Reference to the Council to take such order in the petitioner's suit as they shall think good. Whitehall, 16th
October 1639. [1 p.] |
| Oct. 16. |
Petition of William Yeomans, merchant, of Bristol, to the King.
Your Majesty, by letters patent of 23rd Feb. 1635-6, appointed
and authorised Sir Abraham Dawes, William Watkins, and John
Dowell to compound with all offenders suing for the same who have
transgressed the laws and proclamations by unlawfully buying and
transporting of butter from 1 Car. I. till 11 Car. I. Divers merchants of Bristol being convented in the Star Chamber for the same
offences compounded with the said commissioners for several sums
of money and paid the same, whereupon they were absolutely
acquitted of and from all fines and penalties for the said offences,
and also dismissed from the suits in the Star Chamber. Petitioner
having likewise compounded with the commissioners ought to be
discharged as all the rest of the merchants who compounded are;
yet he is still prosecuted in the Exchequer contrary to the tenor of
your Majesty's letters patent. Prays his Majesty to signify his
pleasure to the Barons of the Exchequer that petitioner shall in that
court enjoy the like benefit of his composition as the rest of the
merchants who compounded have done in the Star Chamber.
Underwritten, |
|
i. Reference to the Barons of the Exchequer, who, if they find his
allegations true, are required to make stay of the suit
and to discharge the petitioner from further attendance.
Whitehall, 16th Oct. 1639. [Copy. See Book of Petitions,
vol. cccciii., p. 94. 1½ p.] |
| [Oct. 16.] |
26. Petition of Sir Matthew Lister, Sir John Danvers, Sir
Edward Spencer, Sir Ralph Maddison, and 29 other creditors of
Oliver Lord St. John, of Bletsoe, to the King. Petitioners heretofore lent Oliver Lord St. John sums amounting to 5,900l.
principal debt, and took several bonds from the said Lord St. John
with divers sureties, being men of ability as petitioners conceive,
and upon whose security they relied, and whom they have caused
to be sued at law for recovery of the said debt, and the proceedings
are now ready for outlawry, there being behind this present
Michaelmas for these debts one year and a half's interest. The
petitioners are informed that the said Lord is a petitioner to
you for his Majesty's protection for himself and his sureties. Pray
his Majesty to leave them to the benefit of the law for the recovery
of their just debts. [1 p.] |
| Oct. 16. |
27. Another similar petition, addressed to the Council, with an
underwritten reference to Sec. Windebank that his Majesty may be
acquainted therewith and his further pleasure known. Star
Chamber, 16th Oct. 1639. [1 p.] |
| [Oct. 16.] |
28. Petition of Henry Pavie, prisoner in the Fleet, to the
Council. Prisoner stands committed to the Fleet for selling tobacco
contrary to proclamation, upon the information of John Smyth,
patentee for Somerton, Somerset, and for the said offence has been
imprisoned for upwards of 12 weeks, to the utter undoing of his
wife and children; he being a barber by trade, and having no other
means to maintain himself and family beyond his trade, from which
he is now debarred, prays, upon his submission to such order as
the Lords shall make, that they would take speedy course for his
enlargement. [¾ p.] |
Oct. 16.
The Tower. |
29. John Taylor to Sec. Windebank. I have been a suitor to
you for divers favours, but never upon the like occasion. I lie here
at a rate far beyond my ability, and am forced to do so, notwithstanding any favour that the Lieutenant can do me, by whose noble
courtesy I am much obliged. The charge also of my family at
home is great, which cannot subsist but by my endeavours. These
occasions are so pressing that I protest if some speedy course be
not taken for me, both myself and all that depend on me must of
necessity fall into great extremity, for since my coming forth of
Germany, all the moneys I could get or borrow have been too little
to pay debts contracted in his Majesty's service ; and still I owe a
great deal of money which I am not able to pay. I neither have
of mine own nor can I borrow any more. My suit to you is to
move his Majesty that he will commiserate my state and grant me
my liberty. [Seal with arms. 1 p.] |
Oct. 16.
Queen Street. |
30. Algernon Earl of Northumberland to Sir John Pennington.
Yours of the 15th inst. arrived this morning. I find thereby that
you are very sensible there was no more credit given to that
relation sent unto me under your hand and the rest of the captains',
wherein you go about to accuse the Spaniards to be the beginners
of the late fight, notwithstanding all the world knows that the
Hollanders had often protested to put this attempt into execution
which your own letters witness. That their fleet did all first weigh,
were under sail, and made towards the Spanish fleet while the
Spaniards were taking in their powder, and were forced to cut or
let slip and to leave the greatest part of their powder behind them.
The greatest part of this being very well known to you, it did seem
very strange that you went about to contradict it, and caused the
truth of all the rest to be called in question. Concerning the conveying the Spaniards in English vessels for Dunkirk, I gave you
directions last night, and can give you no other now, for in things of
this nature I never send you any but what I receive immediately
from the King. Now that the Hollanders are gone out of the
Downs there will be no occasion of putting in execution those
instructions I sent you last night concerning them. Howsoever,
you are to keep them very secret. As for the 10 ships that are by
this time with you, I believe his Majesty will suddenly recall them,
it being conceived there will be no further necessity for their being
out any longer at sea at this time. [By the shorthand notes in the
margin and on the outside of this letter, it would appear that the gunpowder which the Spaniards were taking aboard was part of the 500
barrels supplied by connivance of the English Government. 1¾ p.] |
Oct. 16.
Queen Street. |
31. Thomas Smith to Sir John Pennington. You may remember
that in the beginning of the late business I put you in mind to
have a care of preserving the Lord Admiral's right in the Downs, in
case there should any wrecks or other casualties happen there,
and now my Lord has commanded me once more to refresh your
memory therewith, and to tell you that he doubts not but that you
very well know that the Lord Warden has no further pretension
there, nor into any part of the sea than a horseman can reach with
a lance. Whatsoever is further into the sea than that appertains to
the Lord Admiral, and to no man else, and therefore if any man
pretend to sweep for anchors or cables, or to take up any ordnance
without the extent of that lance, encroaches upon my Lord Admiral's
jurisdiction; and his Lordship's pleasure is that you, with the rest
of the captains under you, do take order for prevention of his Lordship's prejudice in this kind and on this present occasion, and that
the small vessels of the fleet which ride nearer the shore may have
some particular instructions from you to this purpose. P.S.—I am
extremely glad the Hollanders are gone out of the Downs, for I
would not have two of my friends whom I love fall together by the
ears, though the miscreant Papists go about to sow the tares of
contention amongst us, just as their father the Devil doth, who is
the accuser of the brethren. Pray present my service to my
brother Carteret, and tell him I cannot possibly have time to write
to him as yet. [2 pp.] |
Oct. 16.
Leeswood. |
32. John Eyton, sheriff of co. Flint, to Nicholas. You will please
excuse my not so often writing to you as you desired touching my proceedings in levying the ship-money, for finding no
interruption or disturbance in the execution of the service more
than slowness of payment for want of means more than will, I did
rather forbear to trouble your more important affairs with unnecessary lines until the service were totally effected, and then to give
you a summary account once for all, which now being performed
I have enclosed a particular note in what manner I have paid in
the whole sum imposed upon this county, wherewith I shall desire
you to acquaint the Council as you shall see cause. [¾ p.] |
| Oct. 17. |
Presentation of William Annand, clerk, M.A., to the vicarage of
Selling, in the diocese of Canterbury, void by the death of the last
incumbent, and in his Majesty's gift hâc vice, by reason of the
lunacy of Dame Catherine Sondes, widow, or by lapse of time,
simony, or otherwise. [Docquet.] |
| Oct. 17. |
Warrant to pay an allowance of 40s. per diem to William Curtius,
agent for his Majesty with the Princes of Germany, for his entertainment in that service, to commence from the 17th Sept. last and
to continue till his return again to his Majesty's presence inclusively;
and to advance to him three months entertainment, to be afterwards
defalked out of his entertainment, and so from time to time during
his employment; and likewise for payment of his transportation
charges, &c., as shall appear to be due upon bills subscribed with
his own hand and allowed by the principal Secretaries of State for
the time being. [Docquet.] |
| Oct. 17. |
33. Petition of Nicholas Budier, Edward Peters, and David
Hempsen, of Dover, merchants, to Theophilus Earl of Suffolk.
There has lately been brought into Dover by certain ships of
Hamburgh, as usually and formerly there has been, about 500
barrels of gunpowder, consigned to the petitioners as factors for the
proprietors. A part thereof is now laid in his Majesty's farmers'
storehouse on shore, and the rest is on board one of the ships in
the harbour that brought the same. And whereas it has been
informed that the same powder has been sent hither to be disposed
of and sold here; petitioners to whom the same is consigned know
nothing thereof, neither ever intended to sell the same, but to send
it according to the proprietors' order to Flanders, the islands of
Madeira, and the rest to Lisbon ; but insomuch as the said proprietors may be much damnified by the stay or not sending away of that
powder, they pray that upon their satisfying his Majesty's customs
the powder may be delivered to them to send to the aforesaid places.
Underwritten, |
|
33. i. I find that there was no intention of selling any of the
powder in this kingdom, but to send the same beyond the
seas according to the orders of the consigners. Yet,
because I have been informed by Sir John Manwood, my
lieutenant, that he has received order from Sec. Windebank touching the stay of this powder, I hold it not fit to
discharge the same until Sir John has acquainted Sec.
Windebank with this petition, and his direction be given
either to myself or Sir John concerning the same. "Theo.
Suffolk, 17th Oct. 1639." [1 p.] |
| Oct. 17. |
34. Portion of the wrapper of a letter from the Earl of Northumberland to Sir John Pennington aboard the Unicorn in the Downs,
and dated "From my house in Queen Street, 17th Oct. 1639, near
12 at night." [Seal with arms and garter.] |
Oct. 18.
Drury Lane. |
35. Sec. Windebank to Sir Balthazar Gerbier. I send you
herewith a duplicate of a despatch lately addressed to Sir Arthur
Hopton in Spain, by which you will perceive his Majesty's generous
and affectionate carriage to the Spaniards in the late great action
between both the fleets, though I doubt not but his Majesty suffers
much in his honour by the unjust clamours of that nation in those
parts, seeing those of them that are here forbear not to shift the
blame and disgrace of the late disaster from themselves (as losers
use to do) and cast it upon his Majesty and his ministers. For the
clearing therefore of his Majesty's honour, and that the Infante
Cardinal may be disabused and understand the truth, you are to
represent to his Highness the particulars of this letter and to assure
him that his Majesty both before and since the fight did all that
lay in him both to prevent the mischief and to give assistance and
succour to the Spaniards, for whose loss his Majesty is infinitely
afflicted, and the rather because it happened in his port. You are
likewise to assure his Highness that his Majesty, besides the consideration of the public, holds his own interests highly concerned in
this disaster, and that he is very sensible of the affront and insolency
offered in his road by the Hollanders, and will make such demonstration of it, and demand and expect such reparation as in honour
he is obliged. The duplicates of the letters mentioned in the
despatch to Sir Arthur Hopton I have not leisure to send, and
besides I hold it not so necessary considering that the most pertinent
and material parts of them are contained in the despatch itself.
Only I send the memorial delivered by me to the States ambassador
before the fight, and likewise a duplicate of the Lord Admiral's
letter to Sir John Pennington written by his Majesty's command
after the return of the Holland fleet from the defeat into the Downs
with intention to destroy the rest of the Spanish fleet, of both which
you may make what use for vindicating his Majesty's honour and
for his service you shall think fit. The bearer hereof, Mr. Norgate
[Morgan in other copy], I promise myself will be too welcome to you
upon his own interests that I should be injurious to them and him
to add anything of recommendation from myself. He is my very
good friend and one that I esteem much for his own merit and his
relations to you, which I rather represent to you than use as arguments for his advantage, considering the friendship already between
you. I will not longer interrupt your enjoying of him. P.S.—The
Spanish resident (which I had almost forgotten to tell you) complains
much because he had not audience, when he first demanded it, upon
the arrival of the Spanish fleet in the Downs, to which is to be
answered that his Majesty was then out of town, and besides his
Majesty had not then communicated Cardenas' submission to the
Foreign Committee, by whose advice his negotiation having been
first suspended his Majesty would not admit him again without
their knowledge and advice. Immediately upon his Majesty's
return from his hunting, the very first time the committee met, which
was purposely for this, the first business proposed was this, and it
being resolved he should be restored within two or three days, he
had audience accordingly. I hear that he further complains that
the States' ambassador has been admitted to an audience since the
insolency committed by the Holland fleet upon the Spaniards in his
Majesty's road, and thereupon infers that his Majesty has not that
sense of the affront which he pretends, or ought to have. It is
very true that the ambassador desiring audience had it, and unless
his Majesty would have resolved upon a present rupture without
hearing their ambassador, he could not well have refused him, but
the audience was very short and cold. I assure you his Majesty is
very sensible of the affront, and will to the uttermost of his power
make demonstation of it. [Copy. 4 pp.] |
| Oct. 18. |
36. Another copy with omissions. [3 pp.] |
| Oct. 19. |
Grant of a prebend's place in the Collegiate Church of Windsor to
George Gillingham, D.D., and one of his Majesty's chaplains in
ordinary, void by the death of Dr. Ellis, and in his Majesty's gift
pleno jure. [Docquet.] |
| Oct. 19. |
Warrant for payment of 300l. to Sir Henry Bruce without account,
to be employed in secret service. [Docquet.] |
| Oct. 19. |
Warrant to pay 300l. to Sir William St. Ravy without account,
to be employed in secret service. [Docquet]. |
Oct. 19.
Battersea. |
37. Sir Nicholas Carew and Sir Abraham Dawes to the Council.
According to your order of the 11th inst., we met at Battersea to
have put your order into execution, but at the very instant the
servant of Mrs. Peele came and presented unto us an order under
the hand of Mr. Meautys in hæc verba: "You are to signify to the
justices of the peace, referees upon the complaint of the Gardeners
against Mrs. Poole, that they forbear to put the last order in
execution concerning the pulling up of the posts until the Lords
shall give further order. At Whitehall, 18th Oct. 1639." The
inhabitants meeting there and expecting the performance of your
order were with much ado pacified by us from the pulling up of
the said posts, which we fear would have been done by them to the
breach of the peace. Wherefore we beseech your further order in this
to put in execution the former order, or to surcease altogether, which
will hardly give content to the inhabitants; all which we leave to
you to determine. [Seals with arms. 1 p.] |
Oct. 19.
Burderop. |
38. Sir William Calley to Richard Harvey. In my letter of the
12th inst. I wrote you of the sending six collars of brawn directed
to Lord Cottington, &c., since which I have received yours of the
10th inst, and thank you for the news. We hear that the two
fleets have fought, that the Spanish fleet is overthrown, and that
their Admiral being in some distress did sink his own ship; the
certainty of all which I expect from you by your next. [Seal with
arms. 1 p.] |
Oct. 19.
Dover. |
39. Theophilus Earl of Suffolk to Sec. Windebank. I must
confess I do believe, as well as others that have reported it, that
the Spaniards were very rudely used at their landing, and if I should
call it by a more uncivil name I should not err from the truth, yet
I cannot hear that any gentlemen were guilty of this fault, howbeit
certainly the common people have deserved much blame and
punishment also could it be know on whom to fix it, and ye
without question, if a strict course of enquiry be taken, some may
be lighted on that will discover more. In all these disorders none
were more to blame than the sea-faring men, who came with their
vessels and boats to commit these robberies. I have sent you
enclosed the names of some who, as I am informed, are foul offenders,
but being out of my jurisdiction I could not lay hold of them; those
who were in my power I have bound over to answer such offences
as they have committed; the like course will I take with all others
I can meet withal. For the better discovery of the like misdemeanors a military guard keeps watch on shore both day and night;
both the deputy-lieutenants and captains are very careful in this
service. As for Sir John Manwood, my lieutenant, he moves not
from the place at any time. Now for myself, lest it should be
thought that I have not endeavoured by all the means I could to
follow such directions as I received, to give the Spaniards all
satisfaction that might be, I will not be my own judge, and therefore have sent you the several letters which I received from the
Spanish generals, two of them from Don Antonio de Oquenda, who
is gone, and the other from Don Andrea de Castro who remains here.
If it please you to give notice to my Lord Admiral that Sir Thomas
Walsingham, Vice-Admiral of Kent, take the examination of the
fishermen and ketchmen within his vice-admiralty, there will be
many discovered worthy of punishment, for I have daily complaints
against men of that condition living, as I am informed, within that
vice-admiralty. Amongst the papers I sent you there is one from
Don Andrea de Castro full of particular complaints. I am not
guilty to myself in the full performance of all those directions I
have received, and out of a clear sense of duty I earnestly desire
that an exact enquiry may be instituted of all men's actions who
have had any hand in this business, so that the truth in every kind
may the more perfectively appear, to which purpose I shall willingly
contribute my pains, provided I receive the necessary direction and
power without interruption of other men's proceedings. When
you have read the enclosed papers, please return such as are directed
to me that I may keep them for my own satisfaction. P.S.—I desire
an answer to these particulars because time is very advantageous
to the Spaniards in this their case of necessity. As for their soldiers,
the Spaniards have shipped away the most part, and this day look
for shallops to carry away the rest. [Endorsed by Windebank:
"Received the 20th by Mr. Withrington." 1¾ p.] |
| Oct. 19. |
40. Copy of the preceding. [3 pp.] |
Oct. 19.
Queen Street. |
41. Thomas Smith to Sir John Pennington. I thank you for yours
of the 18th inst. You desire to know what the honest Protestant
Lords say of your behaviour. I confess my affairs have been so
numerous that I have not had leisure to speak with any of them, but
what they say matters not much, seeing that the Lord you best love
[the Earl of Northumberland] and desire most to please and [who]
best knows how to justify you has already and will still continue to
justify your innocence, as you know by this time, his last packet
being now I presume come to you, otherwise some disgrace would
have been put upon you, for it was much laboured by some to have
you called up, but my Lord stood between you and the danger.
I have had much contention about your behaviour in this business
in Court and city; but I always left them very well satisfied. It
seems a little strange to my Lord that no man would take aboard
that cable and anchor, but suffer it to be carried into Dover, for
every man might well think that it could not be kept secret, and
that the Lord Warden's officers would seize it to his Lordship's use.
Sir Thomas Walsingham, Vice-Admiral of Kent, dined yesterday
with my Lord, and asserted that there was a town by Walmer and
Dover called Margate, which was not of the Cinque Ports, but of
the county, and that the Lord Warden had nothing to do there,
neither with the sea coast thereunto belonging, but the Lord
Admiral only. Therefore his Lordship desires you to learn the
extent and limits of that place, and if any vessel or other casualty
happen there that you suffer not the Warden's officers to have
anything to do there, either on the land or the seashore, but that
all droits of Admiralty happening there be seized and kept for my
Lord's use. I have a suit to you, if it be not too troublesome. I
have a brother with Capt. Carteret, and he desires to spend this
winter at sea. If you have a spare cabin I pray you afford him
leave to make use of it this winter. If you be full, pray speak to
my cousin Fielding to favour me so much, and I will write him
thanks so soon as I possibly can. I am almost worn out with
business. The Lord Admiral expects that the boats of the King's
ships should sweep for anchors and cables and keep them for his
Lordship's use, and their pains shall be well considered. Tis told
my Lord that the hoys and ketches were taking things out of the
Spanish ships, and that Mr. White, your master, commanded them
to forbear, unless they had warrant from the Lord Warden or his
officers, which was out of course, for they should have order from
none but the Lord Admiral. Sir Richard Percy desires you now
to release John Hole. My Lord desires that you will send away
the letter to the Lord Warden presently. [3 pp.] |
| Oct. 19. |
42. Account by Sir William Russell of ship-money received since
the 12th inst., total 440l.; making, with the 41,722l. previously
received, 42,162l. [⅓ p.] |
| Oct. 19. |
43. Account of ship-money for 1638 levied and remaining in the
hands of the sheriffs, total 1,921l.; making, with the 42,162l. paid
to Sir William Russell, 44,083l. Arrears due for 1638 = 25,587l.
[1 p.] |
Oct. 20.
Whitehall. |
44. The King to Sir John Bramston, Chief Justice of the King's
Bench, Sir John Finch, Chief Justice of Common Pleas, Sir Humphrey
Davenport, Chief Baron of the Exchequer, and to the rest of the
judges and barons of the same Courts. Whereas divers of our
subjects in cos. Cumberland, Northumberland, Durham, and Westmoreland did hold to them and their heirs several customary lands
and tenements called tenant rights, by a customary estate of inheritance which did descend from ancestor to heir, some of which
tenants did hold by border service. And whereas as well the lords
as the said tenants and all other the inhabitants in those counties
were upon the incursions of the Scots accustomed to perform service
upon the borders for defence of this kingdom, and some doubts
have been made whether such customary estates called tenant
rights and the said border service were ended and determined by
the descent of the Crown of England upon our late father. We,
taking into our care that all our kingdoms may be defended and
preserved in peace and quietness, do will and require you to take
the premises into your serious consideration, and to certify to us
your opinions and advice in writing, whether the said customary
estates and border service do continue, notwithstanding the union
of the two kingdoms in the royal persons of our father and us.
And where the tenants are removed, whether the lands and the
owners thereof shall be bound to perform the wonted service.
[Signed by the King. ¾ p.] |
Oct. 20.
Whitehall. |
45. Order of the King in Council. A petition was presented by
Col. Goring, Governor of Portsmouth, with several surveys and
estimates annexed to the said petition taken by order of the Board,
as well of the supplies of ammunition and other provisions requisite
to be sent thither for the fortification of that town as of the
reparations of his Majesty's house there, upon consideration had
whereof his Majesty being put in mind that upon a former commission and instructions given for a survey to be made of all his
Majesty's castles and forts a certificate had been returned to the
Board by the Earl of Newport, Master-General of the Ordnance,
assisted by Col. Alexander Hambleton [Hamilton] and Francis
Coningsby, Surveyor of the Ordnance, did therefore signify his
pleasure that the survey made and certificate returned by the said
Commissioners should be perused and considered of by the Lords'
Committees for Foreign Affairs and the Earl of Newport, and upon
their Lordships' report of their proceedings and opinions concerning
his Majesty's castles and forts contained in that certificate, amongst
which Portsmouth is one, his Majesty will signify his further
pleasure concerning Col. Goring's petition now presented. [Impression of seal attached. Endorsed: "East India Committee."
1 p.] |
Oct. 21.
Berwick St. Leon[ard.] |
46. Sir Thomas Aylesbury to Robert Long, at Sir Henry Knollys'
lodgings at Whitehall. I had waited on you at Draycott but that
I heard first of your being in the North, and next not of your
coming to Draycott till your departure thence. I much desire to
know how far you have promoted the copy I sent you and with
what success. I have lately read over Sir Henry Spelman's book
of the Britain Synods [Concilia, Decreta, &c.], and therein have met
with the testimonies in this enclosed paper which I desire you to
insert into the place as therein is directed, if it come not too late.
[Seal with arms. ¾ p.] |
Oct. 21.
North Somercotes. |
47. John Gray to Richard Harvey. There is little yet done
about Mr. Newstead's business. I should be glad to hear what
Mrs. Tottie's answer was to my letter, but especially what
Mr. Porter said to it. I long to hear also whether Mr. Phillips
does anything in my business and what end is made with
Mr. Stebbin. How the squares go with us, and what Mr. Butler
says to all the world, I have certified you in Mr. Phillips' letter
I request your aid to Mr. Phillips concerning the despatch of my
business. [1 p.] |
Oct. 22.
Queen Street. |
48. Thomas Smith to Sir John Pennington. I thank you for
yours of the 21st, and for your favour to my brother, who will be
careful to serve you. Phil[ip] White is coming to attend you,
and if he will do as much as he will talk we shall have ordnance
enough. Now that these businesses are somewhat over we shall
begin to write matter of news, for we have great affairs in agitation, a taste whereof I shall send you by Mr. Smith, the marshal,
who is an honest man. [1p.] |
Oct. 22.
Boston. |
49. Henry Conn. Clerk of the Sewers, to Mr. Enys. Touching an
order made by the court at the last session of sewers, "It is agreed
that a decree be drawn up for the freeing of the King's lands
within the level of the Earl of Lindsey of the 4d. an acre and of
all other charges concerning the maintenance of the works," I
conceive that the court intended it to be done by counsel under the
direction of Mr. Long, and with the help of Mr. Walpole. For my
part, I neither know what quantity of ground it is, nor where it
lies, nor in what plots, nor proportions, so of myself I cannot do it.
[Names of the Commissioners present.] By this with the directions
aforesaid and help of the decrees which Mr. Long has, counsel will
be instructed for the acting of it. P.S.—All letters and commands,
saving such as have reference to this act of the last court within
Lord Lindsey's undertaking, remain with my partner Rosseter at
Lenton, to whom if you send he will furnish you. I hope you forget
not the business with Mr. Walpole. [1½ p.] |
| Oct. 23. |
Petition of Gregory Hockmore, grandchild and heir to Sir Bartholomew Michell, deceased, to the King. Sir Bartholomew being
seized of divers manors and lands in co. Somerset of very great
value, and having only two daughters, when he lay at the point of
death settled, as is pretended, the greatest and most valuable parts
thereof by conveyances in trust for Richard Michell, his brother's
son, and some others of his name and kindred for 99 years. Which
estate Sir Francis Popham has for small consideration stept into,
and endeavours to gain to himself, to the disinheriting of petitioner and little to the benefit of the said Michell, to whom he
pretended it was meant. Whereof your Majesty being truly
informed you were pleased for petitioner's relief to grant the benefit
of some outlawries, as well of Richard Michell as of some of the
trustees, which devolved to your Majesty. Whereupon suits having
been commenced in the Exchequer, you on several occasions declared
that whatsoever benefit devolved to you by law, your Majesty's
purpose was to confer it for petitioner's relief, he being heir-at-law.
By reason that upon a petition afterwards preferred by Sir Francis
Popham your pleasure was not clearly understood, the cause yet
remains undetermined in the Exchequer. To the end that an end
may be put to these great suits and controversies, which have much
impoverished petitioner, the same resting only upon the clear
declaration of your pleasure concerning the premises, the petitioner
being willing to pay the debts and secure the annuities to Richard
Michell and others in such manner as Sir Francis Popham is to do,
prays the King to declare his pleasure concerning the premises and
he will humbly submit. Underwritten, |
|
i. His Majesty, calling to mind what he has formerly done in
this case and that his intentions were in favour of petitioner being the heir-at-law, declares his resolution is
still the same as formerly, and that he will confer the
benefit of the outlawry on petitioner, who is else in
danger to be disinherited, whereof his Majesty would
have the Court of Exchequer to take knowledge and
proceed in their judgment accordingly without further
delay, yet with this proviso, that petitioner, as he proffers,
shall pay the debts and secure the annuities to Richard
Michell in such manner as Sir Francis Popham was to
do. Whitehall, 23rd Oct. 1639. [Copy. See Book of
Petitions, Vol. cccciii., p. 96. 1½p.] |
| Oct. 23. |
50. Draft in the King's hand of the above reference on the
petition of Gregory Hockmore. [2/3p.] |
Oct. 23.
Queen Street. |
51. Thomas Smith to Sir John Pennington. Thanks for those
noble expressions in your last letter concerning my brother and
myself, who have ever been desirous to do you service. I am not
yet able to render you an exact account of the convoy money, in
regard I have not had the same from Capt. Percival's man. We
conceive that what he and Capt. Carteret have collected may
amount to 1,500l. If you were to let me know what you had
received we might join that sum to the rest, and so be able to give
my Lord an account of the whole, that he might proceed to the
dividend. I think the captains will now, upon your coming in, be
glad to receive what my lord shall be pleased to give amongst
them, and for what is in your hands I think it will be needless to
send it up, especially if it be in specie, but you may keep it there
as your own, unless it exceed the proportion of your part, which
you may guess at somewhat near. For your warrant, I am of
opinion to forbear it a little, not having had leisure to move it as
I would. [1¾ p.] |
| Oct. 23. |
Notes by Sec. Windebank. Mr. Attorney to be called upon for
the judges' resolutions concerning the tenant services in the north
borders [see p. 47, No. 44]. The captains to raise the four companies
to be sent to Berwick. The commanders of horse to be chosen at
the committee. Next meeting [to be held on] Saturday afternoon
at two o'clock. Newcastle: A governor there, and a special eye
to be held over it. [Endorsed on the draft letter of Sec. Windebank
to Sir Michael Ernely of the 24th inst., see p. 51, No. 53. ¼ p.] |
| Oct. 24. |
52. Petition of Henry Jermyn to the King. Your Majesty, by
letters of Privy Seal and by book of rates under the Great Seal, has
rated lead to pay 48s. for every fother weighing 20 cwt., for subsidy
and impost. The merchants for their own advantage have long since
procured every fother to be cast into such a weight as much exceeds
that weight, so that the collection of [the difference] has been
omitted, notwithstanding it is due as well as any of the rest.
Prays his Majesty to grant him a lease for 31 years of the omission.
Underwritten, |
|
52. i. Reference to the Lord Treasurer to certify his Majesty his
opinion, whereupon the King will signify his further
pleasure. The Court at Whitehall, 24th Oct. 1639.
[1 p.] |
| Oct. 24. |
53. Sec. Windebank to Sir Michael Ernly at Berwick. His
Majesty judges it very necessary, owing to the present constitution
of affairs in Scotland, that a vigilant eye be held over the garrison
and strength of Berwick, to secure it from surprisal, the safety of
these northern parts depending upon the preservation of that
important place, besides the consideration of the magazine of
artillery and ammunition now there, which, if it should fall into
the rebels' hands, might furnish them with arms against their
Sovereign. The King has therefore commanded me to signify his
express command to you that as you will answer for the contrary
at your uttermost peril you take care to have the garrison and
forces there in order and readiness for the defence thereof, and that
you use diligence, but secretly and dexterously without noise, to
discover what intelligences the townsmen hold in Scotland or what
practices or designs the Scots may have to surprise the town. You
are further to certify hither immediately the true state of the garrison
and of the works and fortifications there, and whether they be
sufficient to withstand any sudden attempt. If deficient, you are
to send in your demands for supplies, either of men or anything
else that may be required. In all this you are to use great discretion and secrecy, that no jealousy [or] alarm be taken, either in
the town or in Scotland, and you are to be extraordinarily diligent
and watchful in your charge, especially now in the absence of the
Earl of Lindsey. His Majesty would have Sydenham's work forthwith taken in hand, and to that purpose you are to cause Fludd,
the engineer, to draw a plot of that work and to make an estimate
of the charge, both which are to be sent immediately hither to me,
and you are likewise to certify whether there will be room enough
in that work to lodge 15,000 foot and what convenience of fresh
water is to be had there. [Endorsed "A like to this mutatis
mutandis was at the same time sent to Carlisle to Sir Francis
Willoughby." Draft. 2 pp.] |
| [Oct. 24.] |
54. Draft of a portion of the above. [1½ p.] |
Oct. 24.
The Office of Ordnance. |
55. Officers of the Ordnance to the Council. We have taken
into consideration the petition of the inhabitants of co. Cambridge,
together with the papers thereunto annexed, concerning the 300
arms sent out by that county for his Majesty's service in the late
expedition to the north. Concerning the arms sent in the ship
Lion, we were to receive only the arms returned for Norfolk, Essex,
and Kent, no mention being made of Cambridgeshire, which arms
were received and delivered to the respective counties, as by the
several acknowledgments remaining in the Office of the Ordnance
may appear. [Seal with device. 1 p.] |
Oct. 24.
Westminster Hall. |
56. Orl[ando] Bridgeman to William Dell. I beseech you present
to Archbishop Laud the enclosed, which I have drawn thus short
because I now understand the justices of the city of Oxford are by
commission not by patent, so that the King may dis-justice them
when he pleases if they should be refractory. The Solicitor-General
has perused and approved it, but thinks it a little too sharp in these
words (as you tender our pleasure and mean to enjoy the liberties
which you use under our favour and goodness). I added them
because they are in terminis the same with those in the letter of
Queen Elizabeth to the mayor of Cambridge. [¾ p.] |
| Oct. 24. |
57. Particular of the value of tanned hides according to their
dimensions. [1 p.] |
| [Oct. 24.] |
58. Notes touching tanning, specifying the rules to be observed
in that industry. [1½ p.] |
| Oct. 26. |
Petition of Ralph Wilson, Nicholas Walker, William Colombine,
William Evans, Christopher Fothergill, William Hunt, and others
your Majesty's poor tenants at Wapping to the King. Many
hundreds of houses, wharfs, and docks have been made and are
now continued by encroachment upon the soil of the north bank of
the Thames between high and low water marks all along eastwards
from a wharf called Lewin's wharf, near the west end of Wapping,
to Shadwell, and so to Ratcliff, and then to Limehouse, and then
to Dickshore, which do wholly belong to the Crown, as clearly
shown by a decree in a suit brought by the then Attorney-General
against several persons as intruders, and adjudged in the Exchequer
above eight years since. Thereupon petitioners holding several houses
in Wapping, parcel of the said encroachments, did attorn tenants
to your Majesty without further suit, and have laid out all their
estates in building and bettering the said houses, for which they
have ever since paid their rents. Nevertheless John and Charles
Stepkin and others, pretending title to your subjects' houses, and
taking advantage of the decease of the late Earl of Carlisle, who
was fee-farmer of the said encroachments and defended your Majesty's title have lately brought several actions of ejectment at law
against petitioners and have recovered several judgments by default
thereupon against them, expelling some from their houses and taking
bond of the rest to give up possession at Michaelmas next. The
parties complained of do now say in a taunting and jeering manner to
your subjects, being attorned tenants to the King, now doth he now
defend you, and taking encouragement thereby have brought and
do threaten many other actions against your subjects, whereby
themselves and families are like to be utterly undone. Pray that
his Majesty's title may be preserved, their possessions restored, and
further suit prevented. Underwritten, |
|
i. His Majesty, taking the case of these poor petitioners into consideration, and calling to mind that he had long since
made a former reference to the Lord Keeper, Lord
Treasurer, Lord Privy Seal, and Lord Cottington to
take both this case in particular concerning Wapping
and the improving of the marshes and surrounded
grounds in general as matters of importance and much
concerning his Majesty in his immediate profit, is pleased
to order that the Lords above named, with the assistance
of the Attorney and Solicitor General, do advise what they
think fittest to be done, and then confer with the barons of
the Exchequer, in the meantime taking special care for
the quiet of petitioners, but no final resolution to be
concluded before his Majesty be acquainted how they find
the true state of the business. Whitehall, Oct. 26, 1639.
[Copy. See Book of Petitions, Vol. cccciii., p. 97. 2 pp.] |
| Oct. 26. |
Petition of Roger Stafford to the same. The title to the barony
of Stafford being controverted between petitioner, as heir male
lenially descended from Henry Lord Stafford, and Sir William
Howard, K.B., in the right of Dame Marie, his wife, as heir-general,
have submitted both their titles to your determination and disposition, being the fountain and chief judge of all honours, and
your Majesty having declared both titles shall be surrendered into
your hands to be disposed of as you shall think fit, an instrument
is thereupon prepared by the Attorney-General for that purpose.
Nevertheless, upon petitioner's submission, your Majesty vouchsafed
many expressions of grace and favour to be extended for some
livelihood and convenient support for petitioner in respect of his
willing submission of his title to your pleasure. Prays that before
he be required to seal and sign the instrument of surrender your
Majesty would declare your pleasure what he is to receive in respect
of his relinquishing his title and from whom he is to expect the
same; also for what continuance. Wherein he beseeches you to
have respect of that blood of which he is descended. Underwritten, |
|
i. His Majesty having received this petition from Roger Stafford's
own hand, and having taken notice of his willing and
ready submission to his commands, and having a gracious
care that he may have convenient maintenance, orders
that petitioner shall have 100l. per annum during his
life, to be paid yearly, which the Earl Marshal will see
duly performed. To which purpose the Attorney-General
is to see an assurance drawn up that the money may be
constantly paid in the country ready for petitioner's
use, but the instrument not to be delivered to petitioner
until he shall have actually resigned and relenquished
his title to the barony of Stafford. Whitehall, 26 Oct.
1639. [Copy. Ibid., p. 99. 1¾ p.] |
| Oct. 26. |
59. Certificate of the aldermen of Reading that according to an
order of the 10th inst. Francis Sherwood and William Rymes
attended at the George Inn, Reading, and made their submission to
Robert Reade. [2/3 p.] |
| Oct. 26. |
60. Receipt of E. Caldwall, on behalf of his father William
Caldwall, for 10l. paid by Edward Nicholas for one quarter's rent
due at Michaelmas for a house, garden, stable, and coach-house in
King Street and Axe Court, Westminster. [½ p.] |
| Oct. 26. |
61. Bill for books supplied to Lord Viscount Conway and
Killultagh. Total 2l. 12s. 2d. [½ p.] |
| Oct. 26. |
62. Account by Sir William Russell of ship-money for 1637.
Total received, 176,147l. 10s. 2d.; in arrear, 20,266l. 17s. 6d. [1 p.] |
| Oct. 26. |
63. Account by Sir William Russell and Henry Vane of shipmoney for 1638. Total received, 43,220l. 1s. 6d.; in arrear, 26,529l.
18s. 6d. It is stated in a foot-note that since the making of this
account 120l. had been received from the sheriff of Pembroke.
[1p.] |
| Oct. 26. |
64. Account of ship-money for 1638 levied and remaining in the
hands of the sheriffs. Total, 2,541l., making, with the 43,220l.
paid to Sir William Russell, 45,761l. Arrears due, in 1635, 4,536l.;
1636, 7,181l.; 1637, 19,901; 1638, 24,529l. [1 p.] |
| Oct. 27. |
Warrant to Lord Keeper Coventry, Henry Earl of Manchester,
Lord Privy Seal, and others to issue letters patents without fee,
except only clerks' fees, for the settling of divers rectories, prebends,
lands, tenements, tithes, annuities, and hereditaments heretofore
decreed to his Majesty in the Exchequer Chamber, according to his
Majesty's pleasure. [Docquet.] |
Oct. 28.
Exeter Palace. |
65. Bishop Hall of Exeter to Archbishop Laud. Notwithstanding
the importunity of your manifold occasions I received two days
since two letters from you at once, whereof the one signified his
Majesty's pleasure for the provision of a benefice within my gift
for one of our poor exiled neighbours, which I do most willingly
embrace as out of my own true commiseration, so much more out
of my obedience to my gracious master, but for the time as you
know [theou depi gounasi cheitai]. In the other I do first meet with
your merciful and fatherly proceedings with one of my strayed
charge, Mr. Cox. I was in some hope of his relenting ere I left him.
If as I perceive the work be perfected by your effectual counsels
it will be happy for him, and great contentment to his friends in
regard both of his former conformity and great charge. He is not
yet come down; a hearty retractation will redeem all. In the next
place I find your zealous care of the success of this work, which,
upon your motion, I have heartily undertaken, wherein for the not
employing of so many hands I do humbly rest in his Majesty's
most wise determination, although the danger of variance might
have received a prevention, since the whole work must have had
one rule and have come under one view and censure, but this course
is both more sure and no less effectual. For that which herein
concerns myself I acknowledge myself much bound to you for your
good opinion of my ability for so great a work, which I shall
desire to improve to the utmost. And whereas it is thought
requisite that I should set down those single propositions which I
shall undertake to make good in this work, I do most willingly
entertain it, and therefore shall make bold to acquaint you with
the whole plot of my intendments in this service, humbly yielding
it to your censure or better advice. And first, my purpose is,
wherein I do somewhat please myself, if you be so pleased, to take my
rise from the eighth session of their last synod of Edinburgh, wherein
Mr. George Graham [margin: "Bishop of the Orkneys"] is said
to come in and condemn episcopacy, and to profess his repentance,
which is there appointed to be recorded. Hereupon I mean to take
this master George to task and somewhat warmly to expostulate
the matter with him, and when I shall, after a fervent preface,
have driven him from the refuge of conforming herein to other
churches, which I think I shall do to purpose, I shall then deal
with him alone, and address myself to argue the case with him and
the faction, (whom I shall make my adversary, the faction and not
the Church of Scotland,) and shall undertake to make good these
two points, as I conceive both full and proper for the occasion:—
1. That episcopacy is a lawful, most ancient, holy, and divine institution. I mean that which is joined with imparity and superiority of
jurisdiction, and, therefore, where it hath through God's providence
obtained, cannot by any human power be abdicated without a
manifest violation of God's ordinance. 2. That the Presbyterian
government, however vindicated under the glorious names of Christ's
kingdom and ordinance, has no true footing, either in Scripture or
the practice of the Church in all ages from Christ's time till the
present; and that, howsoever it may be of use in some such cities
or territories as wherein episcopal government, through iniquity of
times, cannot be had, yet to obtrude it upon a church otherwise
settled under an acknowledged monarchy is utterly incongruous
and unjustifiable. Before the proof of which two heads I purpose
to lay down certain clear and undeniable postulata, some 15 or 16
in number, as the grounds of my following work, such as these:—
1. That government which was of apostolical institution cannot be
denied to be of divine institution. 2. Not only that government
which was directly commanded and enacted, but also that which
was practised and recommended by the apostles to the Church, must
justly pass for an apostolic institution. 3. That which the apostles
by divine inspiration instituted was not for the present time but
for continuance. 4. The universal practice of the Church immediately
succeeding the apostles is the best and surest commentary upon the
practice of the apostles or of their expressions. 5. We may not
entertain so irreverent an opinion of the saints and fathers of the
primitive Church that they, who were the immediate successors of
the apostles, would or durst set up a government either faulty or
of their own heads. 6. If they would have been so presumptuous
yet they could not have diffused one uniform order of government
through the whole world in so short a space. 7. The ancient
histories of the Church and writings of the eldest fathers are rather
to be believed in the report of the primitive estate of the Church
government than those of this last age. 8. Those whom the ancient
Charch of God and the holy and orthodox fathers condemned for
errors or heresies are not fit to be followed as authors of our opinion
or practice for Church government. 9. The accession of honourable
titles or privileges makes no difference in the substance of the
calling. 10. Those scriptures wherein any new form of government
is grounded had need to be very clear and unquestionable and more
evident than those whereon the former rejected polity is raised.
11. If that order which they say Christ set for the government of
his Church, which they call the kingdom and ordinance of Christ,
be but one and undoubted, then it would and should have been ere
this agreed upon amongst them what and which it is. 12. If this
which they pretend be the kingdom and ordinance of Christ,
then if any essential part of it be wanting Christ's kingdom is not
in that church erected. 13. Christian policy requires no impossible
or absurd thing. 14. Those truths which are new and unheard of
in all ages of the Church in main and essential points are well
worthy to be suspected. 15. To depart from the practice of the
Universal Church of Christ ever from the apostles' times, and to
betake ourselves voluntarily to a new form lately taken up, cannot
but be odious and highly scandalous. Upon these grounds laid I
shall come to subsume, and shall both convince the faction in
aberration from them and fully prove the two points intended,
after which, with some observations and queries, I shall shut up
in a vehement exhortation both to them and to our own, if it may
be for the reducing of the one, if not yet to the settling of the other.
If you approve of this platform I will accordingly prosecute it. If
you think fit to alter, detract, or add aught, I am ready to submit.
[Endorsed by Laud: The Bishop of Exeter's account of the heads of
his book intended for episcopacy, against the Scots. Received
November 1, 1639. 3½ pp.] |
Oct. 28.
Berwick. |
66. Sir Michael Ernly to Sec. Windebank. I received a letter
from you on the 28th inst., and your commands shall be performed
with all possible care and diligence, both for the preservation of this
place and for the better strengthening of it as much as the time of
the year and the weather will permit. As the town now is, I do
no way doubt any assault the Scots can make, but I shall be able
to defend it, although for such an occasion the men here are very few,
and many of them sick and weak. Therefore if you think fit, it
were very necessary the companies here were reinforced to a greater
number for the present, though I confess I much more doubt
treachery than force, if they have any design upon this place. I
believe many of the townsmen are too well affected to them. I
will be careful to inform myself of such persons, and as watchful
in preventing any such plots. Capt. Floyd being at London I
cannot inform you concerning the plot of the work, nor an estimate
of the charge, but in my judgment there cannot be lodged the
number of foot you speak of, by at least a third part. There is
fresh water sufficient. Capt. Floyd being there can better inform
you in this particular. I hear credibly that the Scots have given
their officers satisfaction for the present, and have taken them into
pay till May next. I sent a gentleman to Edinburgh but he could
inform me nothing worth your knowledge. He tells me they brag
much, and say they can have the castle there and this town at their
pleasure when they shall see occasion, which is as easily said as
anything else. We are very ill accommodated with lodgings for
the soldiers by reason of the perverseness of the people of the town,
who will not take them into their houses, and that is a great cause
of much of our sickness. The officers of this garrison, especially
the lieutenants and ensigns, have often importuned me to certify
you that they desire there may be an establishment of their pay;
they protest they are not able to live upon these lendings; this is
to be left to your consideration. [1 p.] |
| Oct. 29. |
Presentation of Leonard Holeman, clerk, M.A., to the rectory of
Gautby Marwood, in the diocese of Lincoln, void by the resignation of
the last incumbent, and in his Majesty's gift hâc vice by reason of
the minority of Sir George Villiers, Bart. [Docquet.] |
| Oct. 29. |
Petition of Archibald Hay, your Majesty's servant, to the King.
Petitioner has been a suitor to you Majesty to accept of a surrender
of the castle of Colchester, with the lands adjoining, together with
the hundred of Tendring, co. Essex, which he purchased at a dear
rate from the late Earl of Carlisle, and, to vouchsafe him a new
grant in such sort as by his petition appears, whereunto you were
pleased to incline and on the 13th March 1636-7 to refer the
particulars to the Lord Treasurer and Lord Cottington, who have
now returned their certificate, which is annexed. In regard
petitioner shall be a great loser by that bargain, the mills mentioned
in the former letters patents being formerly granted away by King
James, and the castle itself and lands challenged by the county
to be employed for the county gaol for felons. Prays a new grant
upon surrender with such additions as were desired in a former
petition, and which are approved by the Lords; also to direct that
whilst the castle shall remain in your hands the Attorney-General
in your name shall commence and prosecute such suits against
Charles Lord Stanhope, who claims custody thereof, and others
claiming interest therein, for avoiding of the grants made to them,
and for recovery of the possession or mean profits of the premises,
and for punishing them for their wastes, spoils, and forfeitures, and
that whatsoever shall be recovered in such suits may be passed
and granted to petitioner. And for the hundred of Tendring,
mentioned in the certificate, that you would grant it with the rest,
but with such restrictions and in such manner that the sheriff of
Essex may at all times and occasions freely execute all writs,
precepts, and commands for your Majesty's service as he already does.
Underwritten, |
|
I. The Attorney-General is to accept of such surrender and
prepare such new grant as desired by petitioner, with
such clauses as may be for his best advantage, and to
commence such suits in his Majesty's name against any
person as the petitioner shall desire and the AttorneyGeneral shall think fit, the better to enable him to make his
best profit of the grant and to recover possession thereof,
and the hundred of Tendring is likewise to be granted as
is desired. Whitehall, 20th Aug. 1640. Annexed, |
|
II. Copy of the certificate of the Lord Treasurer and Lord
Cottington referred to in the above petition. On the whole
we are of opinion that your Majesty may make a new
grant to petitioner with such additional words as he
desires; only we remember the commandment you gave
for not passing of any bailiwick or hundred, which being
in the former grant, we have let petitioner know your
Majesty's restraint in that particular. 29 October 1639.
[Copy. See Book of Petitions, Vol. cccciii., p. 218. 2 pp.] |
Oct. 29.
Whitehall. |
67. Order of the King in Council. Upon consideration of a
certificate from the Attorney-General [see Vol. ccccxxviii., No. 2],
concerning some differences between the weavers of London and
the weavers of Canterbury, it was ordered:—1. That there shall be,
as has been since the erection of the Silk Office, 6d. paid upon every
pound of silk, both by natives and strangers, also 6d. more paid
by strangers and 2d. by natives upon all silk stuffs manufactured.
2. That all stuffs made at Canterbury shall be searched and sealed
there, and not brought to the Hall in London. 3. All deceitful
stuffs made by natives or strangers shall, upon legal proceeding and
trial, be forfeited and destroyed. 4. There is, or ought to be, a bond
of 200l. penalty taken, as well of natives as strangers, for the better
securing of his Majesty's duty. It was now ordered that the same
be henceforth reduced to 100l. penalty. Concerning the Government
of the said trade it was ordered that the weavers of London and
the weavers of Canterbury shall be severed by several letters patent,
the one company from the other, but that both companies shall
answer to his Majesty the same duties as before, and shall be both
governed by the same rules and orders. Lastly, it was ordered
that the deputy-alnager shall forthwith alter his seal, either to the
form it was formerly, or else to some other form more differing
from his Majesty's seal. Of all which particulars for settling the
government of that trade the Attorney-General is to take notice, and
is to prepare patents for the several companies. [1⅓ p.] |
| Oct. 29. |
68. Receipt of John Turner for 40l. paid by Nicholas to the use
of Anthony Hinton. [⅓ p.] |
| Oct. 29. |
69. Bishop Roberts of Bangor to Archbishop Laud. I am to
render an account of a letter I lately received from you on the
behalf of Sir Thomas Holland, concerning the building of an aisle of
a church near to him, whereunto he pleads he was licensed by
authority under my episcopal seal. It is true at my first coming
into these parts, by the request of some friends of his and upon
sight of a former faculty granted to him from my predecessor, I
condescended to renew it upon condition that the suggestions
therein mentioned were really true; but since upon examination I
find a young gentleman, his Majesty's now ward, one of the prime
of that island, likely to suffer much thereby, and that the first
license was privately obtained from my late predecessor, whereas in
the diocese of Bangor public proclamation ought always to precede
before the granting of any such request to the end the Court may
understand what parties there are thereby aggrieved, and upon
what ground. Now the lady, the young ward's mother, finding
herself for the present and her son for the future much more
thereby prejudiced, makes her address upon these terms: that Sir
Thomas Holland dwells not in the parish, and that the greatest part
of his means therein are holden, as being tenant to the said young
gentleman or by assignment from his grandfather, only for some
years yet to come, who, if he should come to live in that parish, as he
intends to make it the place of his abode when he comes to riper
years, hath no sitting place but on the north side of the chancel,
which should now be broken down to make this new intended
chapel, of which there is neither use nor necessity as is alleged, and
for the present I conceive truly, for I cannot be persuaded that
either the lady or her son would be such sanballats as to retard a
work of this nature tending to the benefit of a parish wherein they
have so great interest, the most part being their tenants, especially
having given lately a testimony of their piety in this kind to the
contrary by bestowing a couple of fair chalices of good value upon
the poor cathedral church of Bangor, which has not a penny of
yearly revenue to support the walls, much less to buy utensils;
yet I thank God we shall not be much behind our neighbours
either in necessaries or beauty. Upon these reasons I thought good
to interdict any further proceedings, and indeed must so do, the
aggrieved party pretending the trial of the business by legal course
till I should come into those parts, being then at some distance
from them. And that I may give you an account of my intentions
as well as actions in this particular, my resolution was, upon my
repair to those parts, to be fully informed in the cause, and then to
employ my uttermost endeavour to persuade the lady to undergo
the work if I found it any way useful and decent, for she has a
large fortune, fit for such a service, and has been rendered to me oft
to be forward in works of this nature. If otherwise, as glad should
I be to see the intendment prosper under Sir Thomas Holland's
hands as any man's, if it could be with the preservation of justice
towards the young man and the honour of the Church. [1 p.]
Enclosed, |
|
69. I. Reasons why Sir Thomas Holland should not have
faculty or licence to build the chapel he now intends in
the church of Llanfihangel Esceifiog, co. Anglesea.
[Endorsed by William Dell: "Rec. Dec. 9, 1639."
1¼ p.] |
| Oct. 30. |
Petition of the Company of Pewterers of London to the King.
About the beginning of the pre-emption of tin, upon divers complaints of abuses done by the tinners, there was an office established
for the assaying of tin in the time of Lord Treasurer Buckhurst,
which was first conferred upon Mr. Conniack, and subsequently
transferred to several gentlemen unexperienced, the last being Sir
James Bagg, deceased. For want of the due performance of that
office the royal commodity of tin has been much disgraced beyond
the seas, to the loss of the farmers of the customs and the manufacture of this kingdom. Pray that the said office may be confirmed
by patent to Henry Cowes and Arthur Fry, pewterers, being able
and fit men for the performance of that place, with accustomed fees
and dues. Underwritten, |
|
i. Reference to the Archbishop of Canterbury, the Lord Keeper,
and Lord Treasurer, who are to certify his Majesty their
opinions, whereupon he will signify his further pleasure.
Whitehall, 30 Oct. 1639. [Copy. See Book of Petitions,
vol. cccciii., p. 100. 1 p.] |
| Oct. 30. |
70. Petition of the Officers of the Receipt of Exchequer to the
same. It has been an ancient established course that all the
revenues of the Crown be duly paid into the Receipt of the Exchequer, the accompts whereof are weekly made up and delivered
to the Lord Treasurer and others, whereby they have a continual
view of your Majesty's treasure. The officers give their daily
attendance throughout the year at small charge to your Majesty,
each teller's fee being but 31l. 13s. 4d. per annum. This course, so
long approved, has of late years been very much violated by the
practice of obtaining grants for the payment of moneys by particular receivers, collectors, and farmers, whereby your Majesty is
liable to make double payment upon the same letters patents. The
revenues of the Crown are so dispersed and dismembered that scarce
one moiety thereof comes to the receipt, every farm or collection
having now become an exchequer, and every receiver, collector, and
farmer empowered to dispose of your most certain revenues, and to
prefer such annuities and pensions which are most advantageous to
themselves. Your service, for want of a seasonable supply of
money out of the receipt, must be supplied by assignations and
anticipations upon interest, to your great charge, and the discouragement and great loss to petitioners. Pray order for a timely
reformation hereof, and that all revenues may again be reduced to
the ancient and accustomed course of the Exchequer, and that such
particular receipts as do not ease the subject but are chargeable in
allowance of fees and poundage may be payable immediately into
the Exchequer. Underwritten, |
|
70. I. His Majesty, remembering a former reference upon the
like petition, is pleased to recommend the same to the
Archbishop of Canterbury, Lord Keeper, Lord Treasurer,
Lord Privy Seal, Lord Cottington, and Sec. Windebank,
who are to call petitioners and others before them to
examine when these innovations began, and also to give
order to the general auditors to certify all pensions,
annuities, and payments as are not payable in the
Exchequer, and then to report to his Majesty that such
further order may be taken as his Majesty shall please to
direct. Whitehall, 30 Oct. 1639. [1 p.] |
| Oct. 30. |
Copy of the same. [See Book of Petitions, vol. cccciii., p. 105.
1¼ p.] |
| Oct. 30. |
71. Petition of 34 Creditors of Sir Allen Apsley, deceased, to
the Council. According to two several orders of the Board of the
31st July last, the Attorney-General has called Lady Dame Lucy
Francke and the other parties therein mentioned, and has heard all
sides concerning the 170l. received for the sale of the manor of
Howcourt, and certifies that the same is in the hands of Sir John
St. John. And for the park of Galtres, John Apsley, executor, has
joined in the surrender thereof to the Crown. And lastly, touching
Waddington and many other particular lands sold and the moneys
misemployed, as your petitioners hope to make appear, the
Attorney-General certifies the Lords that these being matters in
fact he has no power to examine them, but conceives the same
proper to be determined in a court of equity, as by his annexed
certificate may appear. Pray the Lords' warrant to Sir John
St. John for payment of the 170l. to petitioners, also to confirm the
other part of the Attorney-General's certificate. [¾ p.] Annexed, |
|
71. i. Certificate of Attorney-General Banks above alluded to.
1639, Oct. 30. [¾ p.] |
Oct. 30.
Inner Star Chamber. |
72. Order of Archbishop Laud, Lord Keeper Coventry, Lord
Treasurer Juxon, and Edward Earl of Dorset on the petition
of Mary Stoddard, daughter of Sir Nicholas Stoddard, deceased.
According to his Majesty's reference, the matter in difference,
touching an annuity of 24l. per annum, between the petitioner
and her brother William Stoddard, heir and executor to their
father, was this day heard in the presence of the parties and their
counsel, when it was ordered that William Stoddard should settle
on his sister an annuity of 24l. during her life, but that she should
receive the same as proceeding rather from the kindness and natural
affection of her brother than from any compulsion or necessity at
law. In case hereafter she should demean herself otherwise than
becomes her, either in words or actions, towards her said brother,
then he shall be freed and discharged from further payment of the
annuity, notwithstanding this order or any subsequent assurance.
It is fit that there should be a covenant in the said assurance to
the same effect. [Copy. 1¼ p.] |
Oct. 30.
Whitehall. |
73. Edymion Porter to Sir John Pennington. I make bold to
trouble you upon all occasions, and indeed I find you so ready a
friend that your kindness invites me more than my own affairs to
importune you with my letters. Would to God you would command
me something, that I might shew myself grateful, for acknowledging
of debts pays none. You see how the Spaniards believe that I have
power with you, for though this bearer, the veedor, have my Lord
Admiral's warrant for a convoy, yet he thinks himself not safe
without my recommending him to your care; and believe me he is
a very honest gentleman, and I hope for my sake you will use him
with that love you have ever shewed to my friends, and I will make
you hearty return whensoever you shall find any employment for
me. [1 p.] |
Oct. 30.
Queen Street. |
74. Thomas Smith to Sir John Pennington. The two last packets
went away so suddenly that I had not leisure to salute you, though
I much desired it, because I would fain have told you that the
truth is you might have avoided much trouble both to yourself, my
Lord, and me had you at first acquainted his Lordship with the real
state of the Spanish ships sunk. You wrote to my Lord of 24 sunk,
but you have given him an account of only 16, viz., nine gone to
Dunkirk and seven sunk in the Downs, as upon perusal of your
register you will find. Lastly, you need never have made so much
ado about a business wherein you had such punctual instructions,
which had you observed no man could have blamed you for obeying
your Admiral, and he had no reason to take notice of a commission
which never came to him. If anything were disputable, why should
not my Lord's officers take possession without so many arguments
contradictory, as well as any else? This business being to my Lord
Admiral, in respect of the future, of extraordinary concernment, I
would you had said nothing but gone cheerfully about the affair.
We are angry here, for which I am very sorry, the rather because
it falls out at a very ill time, wherein I cannot do you that service
I would, both in the business of your pay and the beginning of the
winter convoy. But I have laboured as much as in me lies to
moderate his displeasure, by assuring him that what you have done
has not proceeded from any disrespect to his Lordship, but rather
out of your care of him, fearing that if anything should have been
done by any officer of his in the Downs after that commission came
from the King, which had made all men relinquish and deliver up
to the Spaniards whatsoever had been taken up of theirs, it might
have reflected upon his Lordship, of whose reputation you were
tender; this hath qualified something though not wholly molified.
But I hope within a little while to give you a better account of this
business. [2½ pp.] |
| Oct. 30. |
75. Archbishop Laud of Canterbury to [Sir John Bramston], Lord
Chief Justice of the King's Bench. I conceive these indictments
were put up before you, and therefore I heartily pray you to peruse
this petition, and to take notice that I am commanded by his
Majesty to send it to you, and to desire you to be very careful
that neither this petitioner nor the church in those parts receive any
prejudice by these vexatious courses, and for these and other matters
his Majesty will take them into consideration in time convenient,
and enjoin such further order as shall be found expedient. [Copy.
Endorsed by Sir John Lambe. 1 p.] |
| Oct. [31]. |
76. List of Spanish ships run ashore, sunk, or burnt in the engagement with the Holland fleet. They number 25, including the ViceAdmiral Royal sunk. [Endorsed by Sir John Pennington. ¾ p.] |
Oct. 31.
Southampton, 11 o'clock at night. |
77. Henry Bracebridge, Mayor of Southampton, to Sec. Windebank.
In obedience to your warrant I have apprehended Capt. Giron and
one other French gentleman, his companion, and shall attend your
further direction how to dispose of them. [Seal with arms. ½ p.] |
Oct. 3].
11 o'clock at night. |
78. William Towerson to the same. Signifies the arrest of
Capt. Giron and his companion. [Seal with arms. ¾ p.] |
| [Oct. ?] |
79. Petition of George Fennick, prisoner in the castle of York, to
the King. About two years since a small library of books belonging
to petitioner, upon their way to London to be sold for payment of
his debts, were seized by warrant from the Archbishop of York,
under the colour of new printed copies, which they were not.
Whereupon on the 3rd of April of the year 1639 he petitioned his
Grace for restitution of the said books, according to an order of the
Council, but by the misinformation of petitioner's adversaries, his
Grace being much incensed against petitioner committed him
to prison, alleging that he was vicar-general to the Bishop of Calcedon
in the North, a seminary priest and a seducer of his Majesty's
subjects, and on the 9th April his Grace sent a new warrant, signed
by himself and five of the Council, to continue his imprisonment until
further order, where he continues in extreme misery, to his utter
ruin and the great prejudice of divers tradesmen to whom he is
indebted. Prays order for his removal to London to answer before
the Council what may be objected against him. [2/3 p.] |
| [Oct.] |
80. Minutes by Nicholas touching the writs for ship-money,
followed by a note of the names of fit men to be sheriffs in cos.
Somerset, Wilts, and Berks. [1½ p.] |
| [Oct.] |
81. Petition of Isabel Peele, widow, to the Council. Upon complaint of some gardeners of Battersea, it was ordered by the Council
that certain posts, set up by petitioner in a lane adjoining to her
house, should be plucked up, and that the gardeners should have the
free use of the lane until petitioner should, by the approbation of
Sir Nicholas Carew and Sir Abraham Dawes, provide another way
commodious for their carriage. According to that order, Sir Nicholas
Carew and Sir Abraham Dawes having plucked up the said posts,
did, upon their view, approve of another way to be convenient for
the gardeners, which lies very near the said lane, and thereupon
they directed petitioner to repair that way and to make it passable
which petitioner has done at the cost of upwards of 40l. Prays
leave to set up her posts again in the said lane, and that the
gardeners may be ordered to use the new way repaired by her.
[¾ p.] |
| [Oct.] |
82. Petition of William Stoddard, prisoner in the Fleet, to the
Council. Ever since the decease of his father, Sir Nicholas Stoddard,
petitioner hath of his brotherly love paid Mary Stoddard and his
three other sisters competent annuities for their maintenance, but
Mary, refusing to accept thereof, petitioned his Majesty for an
assurance, and alleged that Sir Nicholas left a great estate to perform the same, by reason of which false allegations an information
was preferred against petitioner in the Star Chamber, to which he
has truly answered that he had not either any real or personal
estate from his father for the performance thereof, but had paid out of
his own estate for his father's debts 1,500l., which shall, with his
sister's abusive information and ingratitude, be made evident to
their Lordships. Prays, for the making of his proofs and just
defence therein, he may be released from prison, where he has
continued seven months. [¾ p.] |
| [Oct.] |
83. Petition of the same to Archbishop Laud, Lord Keeper
Coventry, Lord Treasurer Juxon, and Edward Earl of Dorset. Sir
Nicholas Stoddard, petitioner's father, being possessed of long leases
worth 140l. per annum, besides other personal estate worth 2,000l.,
slightly indebted, did by his will devise 24l. per annum to Mary, his
daughter, for her maintenance, and other portions to his younger
children, and thereof nominated petitioner executor, all which estate
long before his decease being wasted and he greatly indebted, died
about four years since, leaving only his ancient inheritance entailed
to descend to petitioner. Petitioner refused the executorship and
administration of his goods, worth 130l. at the utmost, [which] was
committed to Penelope, petitioner's youngest sister. Being surety
for his father's debts, he details the complications arising therefrom
to the prejudice of his own estate; yet, although not bound by law,
petitioner allowed the said Mary 20l. per annum for her maintenance, and a house worth 10l. per annum furnished for her, and
procured habitation for two other sisters, and was otherwise helpful
to them. But Mary, not herewith content, preferred a petition to
his Majesty to enforce an assurance of the said 24l. per annum,
which petitioner cannot do unless he bars the ancient entail of his
lands and charges them therewith, whereupon the annexed order was
conceived [see p. 61, No. 72]; whereas petitioner's consent was only
to continue the same as a benevolence; since which time the said
Mary has, in the public view and in an insulting manner, served the
petitioner with the said order as he came out of church on the Lord's
Day, and she, living next door to him, maliciously disquieteth him
and his wife, and animates her sisters against him. Prays that,
since their Lordships' mediation has produced so much confidence and ingratitude in the said Mary, and so great a disgrace
and unquiet to petitioner, he may take his house and goods
into his own possession, and live in quiet at his own house. However, petitioner is resolved neither to be an unfriendly brother to
any of them, nor ever neglect to perform all due obedience to their
Lordships. [1 p.] |
| [Oct.] |
84. Petition of Thomas Rudd, his Majesty's chief engineer, to the
Council. In obedience to your order of the 29th May last, petitioner
went to Dover to perform the repairs of the harbour and fort
thereby enjoined, for the accomplishment whereof he required
money of the commissioners of the harbour and also of Captain
Percival, collector of the duty of 12d. per pack upon strangers'
goods, according to the direction of the said order. Petitioner received some money from Capt. Percival, wherewith he presently
began the repairs, but the commissioners denied the payment of
any, alleging the harbour was indebted 400l., and since they have
procured order signified by Sec. Windebank that the duty collected
by Capt. Percival should be paid to them, so that petitioner is disabled to proceed in the work, and your Lordships' directions frustrated. The commissioners themselves show, by their letter to the
Lord Treasurer, what the harbour was indebted at Michaelmas 1638.
Estimates cost of works done to the harbour since that date. The
commissioners, by their proceeding, have caused the work to be
retarded, and the harbour is not so well secured against the violence
of winter storms as otherwise it might have been if petitioner had
been suffered to proceed according to the Lords' directions. Prays
order for the commissioners to give an account in particulars how
and what moneys they have expended upon the harbour since
Michaelmas 1638, and that not only the money arising by the duty
collected by Capt. Percival may be continued to be paid to the
petitioner, but the revenues of the harbour also, that so he may be
enabled to provide stone and other materials wanting for the repair
of the harbour, which the commissioners neglect, and that he may
have an order for pressing boats, carts, workmen, &c. for the said
work, or else that the Lords will be pleased to discharge him, and
leave the same wholly to the commissioners, their workmen and
overseers. [Torn. 1½ p.] |
| [Oct.] |
85. Petition of Beatrice Foxley, wife of Thomas Foxley, prisoner
in the Gatehouse, to the same. Prays permission to visit her
husband, who is afflicted with the falling sickness. [½ p.] |
| [Oct.?] |
86. Petition of Andrew Lapthorne, clerk, aged 69 years, whom
the Bishop of Durham maintains with his Lordship's own purse to
preach at Ovingham in Northumberland, to the same. At his
Majesty's command to the Bishop of Durham, petitioner was, in
January last, brought out of Northumberland, and entered into
500l. bond not to depart out of the city of London without license
of his Majesty or some of the Council, and to appear before their
Lordships within two days after warning. Petitioner having since
waited above seven weeks, and obtained neither warning for his
appearance, license for his departure, nor relief for his subsistence,
and calling God for a record upon his soul that he never preached
in Edinburgh, never was in any church or house in Scotland, never
talked with any Covenanter whom he knew to be such, nor ever
sent a message by word or writing to any in Scotland nor any
thence unto him that he ever knew or heard of, as appears by the
bishop's examination of the petitioner [see Vol. ccccxii., No. 58].
Prays the Lords' license to return to Ovingham to his desolate
family, and that his bond may be cancelled and delivered to him.
[3/5 p.] |
| Oct. |
87. Certificate by William Ryley, Bluemantle, of the funeral of
Frances Countess Dowager of Edward Seymour, Earl of Hertford,
and afterwards consort to Lodovick Stuart, Duke of Richmond and
Lennox. The Duchess departed this life, without issue, at Exeter
House, in the Strand, October 1639, and was buried in Westminster
Abbey. [Draft, incomplete. 1 p.] |
