Charles I - volume 446: February 21-29, 1640

Calendar of State Papers Domestic: Charles I, 1639-40. Originally published by Her Majesty's Stationery Office, London, 1877.

This premium content was digitised by double rekeying. All rights reserved.

'Charles I - volume 446: February 21-29, 1640', in Calendar of State Papers Domestic: Charles I, 1639-40, (London, 1877) pp. 475-506. British History Online https://www.british-history.ac.uk/cal-state-papers/domestic/chas1/1639-40/pp475-506 [accessed 24 March 2024]

Image
Image
Image
Image
Image
Image
Image
Image
Image
Image
Image
Image
Image
Image
Image
Image
Image
Image
Image
Image
Image
Image
Image
Image
Image
Image
Image
Image
Image
Image
Image
Image

February 21-29, 1640

Feb. 21. Petition of the Mayor and Commonalty of the city of York to the King. Upon the petition of the Dean and Chapter your Majesty, 6th June 1636, was pleased to undertake the hearing of some questions and differences which had arisen between the Church and this city, and the better to settle these differences did then order that the mayor and citizens should surrender a charter granted to them by your Majesty in the seventh year of your reign, upon which another charter should be granted to them, which surrender in humble obedience to your order they have sealed and acknowledged to be enrolled. Pray your Majesty to confirm to them their ancient charters with all lands, liberties, and privileges granted or mentioned to be granted by your royal progenitors. Also that the time of their annual election and swearing of the Lord Mayor, sheriffs, and other officers, which, by former grants, was to be put off to the next day in case any of those days happen on a Sunday, may be put off to the next day; and that if there be not three aldermen who have not been twice Lord Mayor, or Lord Mayor within six years then last past according to their former charter, that then the Common Council may name only two aldermen, such as have not been twice Lord Mayor, or Lord Mayor within six years, whereof the one of them may be chosen mayor; and that they may have such justices of peace for government of their city, and no other, as heretofore they have had; and that the Attorney-General may prepare a bill for your signature, with such further clauses to be inserted as may tend to the good government of that city. Underwritten,
i. His Majesty is pleased to confirm to petitioners their ancient charters, lands, and privileges, and to grant such new powers for their better government as the Attorney-General shall find fit, without prejudice to the Church or his Majesty's service; and the Attorney-General is to prepare a bill for signature accordingly, for which this shall be his warrant. Whitehall, 21st Feb. 1639-40. [Copy. See Book of Petitions, Vol. cccciii., p. 167. = 1 p.]
Feb. 21. 1. [Sec. Windebank] to Elizabeth, Electress Palatine, and Dowager Queen of Bohemia. His Majesty having cause to employ some of his own subjects, now in the service of the States of the United Provinces, for the defence and safety of this kingdom, though he doubt not but the States, to whom his Majesty has, by his own letters, made intimation to this purpose, will readily, in this exigency, give license to such of the English nation as he shall desire to repair hither and be absent from their charge there, to serve their own sovereign, yet his Majesty, knowing how powerful your Majesty's intervention is with the Prince of Orange, and with those among the States who have the ordering of their affairs, has commanded me in his name to desire you to interpose earnestly with them to grant leave to Sir John Conyers, who has the command of a troop of horse, to be absent from the service there for six months, with permission to transport himself hither and serve his Majesty, without prejudice to him in his entertainments during that time. This being a business of extraordinary consideration to his Majesty's service at this present, he desires you to take it to heart, not doubting but by your favour and instances it may be effected, which will be very acceptable to him; and himself will, with his own hand, render you thanks for it. [Endorsed by Sec. Windebank, "To the Queen of Bohemia in his Majesty's name and by his special commandment, concerning Sir John Conyers. 21st February 1639-40." Draft. 1 p.]
Feb. 21.
Whitehall.
2. The same to Sir John Conyers. Upon receipt of yours of the 3rd of this present month I moved his Majesty for letters to the Prince of Orange in your favour, which he was pleased to grant, and at that time thought it unnecessary to write to the Queen of Bohemia or to the States. But since Lord Conway assured me that unless his Majesty would make instances extraordinary there would be difficulty in granting your licence, I have caused other letters to be despatched to the Prince of Orange and to the States in a more pressing style, and have also written to the Queen of Bohemia in his Majesty's name to interpose for leave to you to repair hither, without prejudice in your entertainments. These three letters are now delivered to Sir Nicholas Byron to be put into your hand and disposed of as you shall think fit, and therefore you may suppress the other letter from his Majesty to the Prince of Orange, which you will find in my other packet. I crave pardon for this second trouble, and send you my best wishes that his Majesty's interposition may succeed according to your desire. [Draft. 1 p.]
Feb. 21.
Whitehall.
3. Sec. Vane to Sir Thomas Roe. Your last, directed to Sir John Coke, came to my hands, and as his Majesty shall give his answer, either to this or any future letters of yours, I will be ready and careful to impart the same to you. I doubt not you have been already informed how gracious his Majesty showed himself by the pacification he made with the Scots at their request when his army was upon their frontiers, where it appeared to all the world that his Majesty, for avoiding the effusion of his subjects' blood, condescended to a peace, which if, according to their duties, they would have made a right use of, his Majesty would not now be necessitated to return to arms for the safety both of his person and his kingdoms, not knowing what their intentions may be, they persevering still in their disobedience, and casting off all duty which subjects owe to their sovereign. All which notwithstanding, his Majesty still continues his gracious inclination. As soon as they shall return to their due obedience they shall find him a just and merciful King; but if, by their default, worse effects shall follow, his Majesty's just proceedings shall manifest themselves to God and the world. Meanwhile the 13th April is appointed for the assembling of Parliament, the writs for which were sealed yesterday and are going out, his Majesty not doubting of the particular contentment he shall reap therein, notwithstanding what rumours soever are or may be spread abroad by ill-affected persons to the contrary. [1 p.]
Feb. 21. 4. Bond of Robert Bewick, Esq., in 1,000l. for his appearance before the Council or Sec. Windebank when called for to answer to such matters as shall be objected against him. [1 p.]
Feb. 22. License to Thomas Yorke to build upon part of Clement's Inn Field, in the parish of St. Clement Danes, co. Middlesex, being the inheritance of the Earl of Clare, the buildings to be erected in accordance with his Majesty's proclamations; power is also given to alter the highways, and to make sewers. [Docquet.]
Feb. 22. Release to Richard Clerke, B.D., of 21l. 0s. 6d., being the firstfruits of the vicarage of Puddletown, Dorset, he having resigned the vicarage to James Lucin, clerk, in obedience to an order of the Archbishop of Canterbury and others. [Docquet.]
Feb. 22. Warrant to the Treasurer of the Chamber to pay 20d. per diem as wages, and 16l. 2s. 6d. per annum as livery, to Ambrose Beeland, one of his Majesty's musicians for the violins, vice James Johnson, deceased, during life. [Docquet.]
Feb. 22. 5. Notes by Nicholas of business transacted at a meeting of the Privy Council this day, his Majesty being present. Amongst others are the following entries: 5,000l. to redeem such things as are im- pawned, in all 35,000l. Earl of Suffolk to entail all but the land in Dorsetshire. He will not be a pensioner to his son. 1,000l. of the 3,000l. Dorsetshire land to be, after the Earl of Suffolk's decease, assigned to the younger sons. [½ p.]
Feb. 22.
Whitehall.
6. Similar notes of business at the Council of War. Resolved that there shall be added to the list of entertainments for the army one preacher to every regiment of horse at 4s. per diem.
Feb. 22. The King's pleasure signified by Sec. Windebank. His Majesty having received information that his title to the houses, wharfs, docks, and yards encroached upon the river Thames on the north bank at or near Wapping, Shadwell, Ratcliff, and Limehouse, has long depended in the Court of Exchequer, which first concerned the late Earl of Carlisle, but now concerns his Majesty immediately, the patent granted to the said earl being surrendered back to his Majesty, and that several orders and decrees have been had thereupon, one decreeing that all the soil between high and low water marks belongs to his Majesty in right of his crown, and that all houses, wharfs, and docks built thereupon ought to be abated or arrented at the King's pleasure, and another decree for nine several houses, whereof his Majesty and his assignees have possession, whereupon the inhabitants of those nine houses have turned tenants to the King, and paid several fines and rents, and that by their example many other inhabitants of these places, being in the same estate, have likewise become his tenants, who are now turned out by suits at common law, notwithstanding that there are informations depending in the Exchequer Court, and thereupon they have petitioned for relief. His Majesty holding it a matter of great consequence to him, both in this particular case and in the precedent thereof, is therefore resolved that special care shall be taken for recovery of his right and settling thereof, as far as in justice may be, and has commanded me to signify the same; that the Lord Keeper, Lord Treasurer, Earl of Dorset, Lord Privy Seal, Lord Lieutenant of Ireland, Lord Cottington, and the two Principal Secretaries of State shall have the care and protection of this business, and calling to them the Attorney and Solicitor General, and other his Majesty's counsel-at-law, shall examine the petitions and informations hereunto annexed, and inform themselves fully of all things they conceive necessary for his service in this case, and of all the former proceedings therein, and also at such times as they shall think fit shall call to them the Barons of the Exchequer and confer with them, to the end that their lordships, understanding the true state thereof, may wait upon his Majesty and deliver to him their opinions of what has already passed, and what they think fit to be done for the future; whereupon his Majesty will give such further directions as he shall find fit, and in the meantime they are to give such directions for the proceedings or not proceedings therein as they shall think fit. (Signed.) Francis Windebank. Whitehall, 22nd Feb. 1639[-40.] [Copy. See Book of Petitions, Vol. cccciii., p. 154. = 1¼ p.]
Feb. 22. Petition of James Earl of Carlisle, Sir James Hay, and Archibald Hay, trustees for the estate of the late Earl of Carlisle, and of the trustees for the estate of Sir Peregrine Bertie and Sir Philip Landen, knts., deceased, viz., Sir George Theobalds, John Van Haesdonck, and divers others who are interested and have contracted for divers parcels of marsh land, to the King. That the marshes and marish grounds lying between the ebb and flow of the tide in England and Wales have been reputed parcel of the prerogative, as well in this realm as in Scotland and Ireland, and in some cases have been adjudged so in law. Petitioners and others your loyal subjects, relying on this your undoubted right and title, have been encouraged to contract and bargain with your Majesty for these lands, paying great sums of money to your Majesty for the same, besides expending great sums in embanking and reclaiming these marshes and recovering possession of them at law. Notwithstanding your grant of these marshes by letters patent, and your command under the Privy Signet declared to all justices and others for petitioners' quiet enjoyment of the same, [they can obtain no security] by reason of the common outcry, that your Majesty's title is not likely to prevail, and that it has become very doubtful in their opinions whether the matter in question of these marshes will be determined for or against your Majesty. Petitioners hope that these doubts may be removed if the beginning, progress, and increase of the said marshes from the nature, quality, and effects of the flowing and reflowing of the sea at spring tides, and the certain proofs and proper marks whereby these marshes may be distinctly known to differ from all upland grounds thereunto adjacent, were clearly set forth and declared as being the ground-work of your right and title to these marshes. For the just preservation of your rights, and to save petitioners from fruitlessly expending their money in a question of so great moment and sequence of profit to your Majesty, and yet so uncertain and doubtful to petitioners, they pray that you would command some special person of the Privy Council to undertake the care of this matter, and to consider what petitioners have digested concerning the nature, quality, and effects of the tides, and of the true origin and increment of salt marshes, and of the marks whereby they may be distinguished from all upland and natural ground, for to inform first your Majesty and the Council of the truth of the matter, and then that you will vouchsafe to require all the judges of your Bench, Common Pleas, and Exchequer to meet the Council and such other persons as you shall appoint, at which meeting this question may be thoroughly and fully debated and considered, and such resolutions come to as in their grave judgment may best sort; wherein it is hoped that no lapse of time or habit of usurpations shall be admitted in evidence to extinguish or prejudice what was originally your Majesty's right and chief flower of your prerogative by infallible proofs of demonstration; and that your Majesty will be pleased soon after to receive an account of the consultation and resolution of the judges; and the same to be decreed to the full satisfaction of your Majesty and your subjects interested therein, and that accordingly the cases of your petitioners may be received into the bosom of your clemency and most gracious consideration. Underwritten,
i. His Majesty's pleasure is that the Lord Privy Seal, Earl of Dorset, Lord Lieutenant of Ireland, Lord Cottington, and Sec. Windebank shall take the care on his Majesty's behalf of the marshes, and consider what petitioners have digested concerning the same, and certify his Majesty from time to time their proceedings therein, and cause all such things to be put in execution as his Majesty shall please to order upon such certificates. Whitehall, 22nd Feb. 1639-40. [Copy. See Book of Petitions, Vol. cccciii., p. 151. = 2 pp.]
Feb. 22. Petition of James Earl of Carlisle, Sir James Hay, and Archibald Hay, your Majesty's servants, to the King. The late Earl of Carlisle being seised in fee by your royal grants, amongst other things, of and in the Caribees or Carlisle islands, and of the powers and government thereof, which he assigned to petitioners, Sir James and Archibald Hay and Richard Hurst, since deceased, and their heirs, upon trust only for payment of his debts, the surplusage to remain and be to the present Earl of Carlisle, the petitioners Sir James and Archibald Hay have faithfully endeavoured to perform this trust, and for all legal matters have taken the advice of the same counsel as were employed by the late Earl about his affairs. For what concerned the better government of these islands, they obtained a commission under the Great Seal to divers commissioners nominated and approved by your Majesty to give petitioners advice and assistance relative to the government and furtherance of the plantations there. Your petitioner, the now Earl of Carlisle, conceives and is advised that the right of government of these islands is descended to him and did not pass by the grant of the late Earl to the other petitioners, who nevertheless conceive and are advised that it belongs to them, as well as the receiving of the profits, which difference in opinion themselves cannot reconcile, and this difference is some impediment to the proceedings of this business, which on all sides they are very desirous may be settled. Their joint suit to your Majesty is that yourself, or such referees as you shall think fit, may determine this difference and settle the same for the better advancement of these plantations, and of the petitioners' profits for payment of the debts, and that the aforesaid commission may be renewed to the same and other fit commissioners to be nominated by petitioners. Underwritten,
i. Reference to the Chief Justice of Common Pleas, who, assisted by the Attorney-General and other of his Majesty's counsel-at-law, is to consider of the above petition and certify his Majesty to whom the right of government of the Caribees appertains; and such commission is to be prepared for the better government of these islands as is desired. Whitehall, 22nd Feb. 1639-40. [Copy. Ibid. p. 153. = 1 p.]
Feb. 22.
Whitehall.
7. Commission of Algernon Earl of Northumberland, as captaingeneral of his Majesty's army and fleet in this present expedition, appointing Capt. John Mennes to be captain of a troop of carabineers, which troop he is required to raise and to have in readiness, duly exercised, to be conducted to the rendezvous for service when required. [Signed and sealed. Parchment.]
Feb. 22.
Whitehall.
8. The like commission to Sir John Suckling to be captain of a troop of carabineers. [Copy. 1 p.]
Feb. 22.
Berwick.
9. Sir Michael Ernle to Sec. Windebank. By the Council's letter of the 12th present, I was commanded to give you an account of the several rents of the houses formerly belonging to this garrison, the which I have sent hereinclosed. I was also required to have an estimate made of the charge of repairing the same, which I have accordingly done. The cost of repairing these houses will be 55l., exclusive of a very great oven which is wholly decayed and will cost to rebuild 70l. No news from Scotland worth your information. The common people of Edinburgh are so much discontented that the magistrates should suffer those men whom his Majesty sent to have such quiet passage to the castle, that they protest they shall hereafter have no assistance from them. It is reported here that the Earl of Haddington shall have the chief government of these parts next Berwick. [Seal with arms. 1 p.] Encloses,
9. I. A particular of the buildings formerly belonging to his Majesty within the town of Berwick, with their annual rents. Total, 56l. 18s. 4d. [1½ p.]
Feb. 22. 10. Petition of John Bumsted, lime merchant, prisoner in the King's Bench, to Archbishop Laud, of Canterbury. Complains that Richard Hart, LL.D., having sold to him certain timber trees at Fulham, valued 86l., and sealed a bond of 300l. penalty that petitioner should enjoy his bargain, received 6l., and was to have the remaining 80l., but meanwhile petitioner discovered that the timber, in the felling of which he had expended 30l., did not belong to Hart, but to the executors of Richard Richards, to whom the property had previously been mortgaged. It plainly appears that Dr. Hart sold what he had no right to, and that his bond for 300l. is forfeited; yet notwithstanding, Hart has cast petitioner into prison for non-payment of the 80l., and there detained him since New-year's day, thus throwing 40 labourers, employed by petitioner, out of work, and ruining him unless your Grace vouchsafe some relief speedily. Prays leave, to avoid contempt, that he may sue or arrest Dr. Hart upon his bond, when the latter will be content to release petitioner out of prison, where he is wrongfully detained. Underwritten,
10. i. Reference to Sir John Lambe to see that petitioner receives satisfaction from Dr. Hart, or else that he may have leave to sue him at law. Feb. 22, 1639-40. [1 p.]
Feb. 22. 11. Certificate of John Erlysman that Sir William Brouncker, having command of a troop of horse, had entertained Nathaniel Stevens under his command [see Vol. ccccxlv., No. 78], when the latter was arrested by sergeants George Norman and Thomas Measure. [½ p.]
Feb. 22. 12. Account by Sir William Russell and Henry Vane of shipmoney for 1638. Total received, 55,003l. 13s. 10d.; in arrear, 14,746l. 6s. 2d. Memorandum.—The mayor of Bridgewater has made up 25l., which will be paid in next week. [1 p.]
Feb. 22. 13. Account of ship-money for 1638 levied and in the hands of the sheriffs. Total, 770l., making with the 55,003l. paid to the Treasurers of the Navy 55,773l. The arrears were for 1635, 4,536l.; 1636, 6,954l.; and 1637, 17,002l., no part of which had been paid in this week. [1 p.]
Feb. 22. 14. Certificate by the Treasurers of the Navy of ship-money received this week upon writs of 1639. Total, 1,463l. 7s. 7d., besides 1,666l. in the hands of the sheriffs. [¾ p.]
Feb. 22. 15. Receipted bill of Walter Hall, bricklayer, being for 8l. 9s. 0d. for work done for Edward Nicholas. [2 pp.]
Feb. 22. 16. Particulars of fen lands, specifying the quantities set out between Kime-eau and Lincoln. [¾ p.]
Feb. 23. Warrant to the Court of Exchequer requiring that the cause against Sir Henry Gibb and others, appointed for the first Thursday in next term, be heard the first cause that day. [Docquet.]
Feb. 23. Grant of denization to Peter Bell, Peter Barchman, David Gunbard, and Catherine Cruso, aliens, being part of the number of denizations granted to David Alexander and John Geddis. [Docquet.]
Feb. 23. 17. Mem. of the demands or requests made by Patrick Lord Ettrick to the King, and delivered at the Committee to Sec. Windebank, 24th Feb. 1639-40, with the answers in Sec. Windebank's hand to the same in the margin.
1. Lord Ettrick desires your Majesty to send him your articles of war, that he may, for the better government of the soldiers, inflict such punishment for offences as shall be deserved. Margin: 1. The printed book of orders for the last army.
2. He desires your Majesty to signify your pleasure concerning Sir John Ruthven and Colonel Francis Ruthven. Margin: 2. They shall be entertained in the quality they have formerly served in, if they will repair hither, and as many other officers as will come hither, and therefore let as many be won over as may be.
3. He desires direction how to behave hereafter in your Majesty's service. Margin: 3. A letter to be written under the King's hand to Lord Ettrick, giving him power to use all acts of hostility against the town upon any occasion that he shall think fit.
4. He gives your Majesty to understand that he has never received any means or allowance, but has lived there at great expense upon his own charge, and humbly desires you to take into consideration that he cannot receive his own means in the hands of other men to maintain it any longer. Margin: 4. 40 marks Scotch per diem to be allowed him in the meantime as governor of the castle, till his Majesty may better consider him.
5. He beseeches your Majesty to let him understand whether or not he may take on soldiers until he has 300. Margin: 5. The Earl of Traquair to be advised with.
6. He desires your Majesty to grant this requests in the behalf of his secretary and the master-gunner. Margin: 6. For his secretary and the master-gunner already ordered.
7. He most humbly desires your Majesty to signify to him what pay you will allow Lieutenant-Colonel Scrymsoure [Scrimgeour], the Constable under him, who lives hitherto upon his own charges. Margin: 7. Scrimshaw [Scrimgeour] a captain's pay, 15s. per diem, from the time he entered. Underwritten in Nicholas's hand,
17. i. The Lord Ettrick to send [a note of] what provisions will be necessary to be supplied for securing the castle against a siege for 12 months. Men to be sent to Inch-Keith. The Lord Marquis [Hamilton's] proposition. 600 men to be presently put in readiness, provisions for them for [12] months, for the Castle of Edinburgh, in the same way that the other 100 were. If they of Edinburgh [oppose this], then to put them in Inch-Keith. This within a month. The ground is the dividing of Edinburgh from the rest of the kingdom. [Margin: The Lord Marquis' proposition.] 200 men to be provided and sent to Edinburgh; four months' victuals; the men before the victuals. Two mortar pieces to be sent with the 200 men, and a proportion of granadoes. [1 p.]
Feb. 24.
Whitehall.
Minutes by Nicholas of business transacted this day by the Council of War. The Lords declared that the distribution of the list of the 30,000 foot to be raised in the several counties of this kingdom has been shown to and approved by the King. Resolved that in the indenture to be signed by the captains of horse, it be expressed that 2d. per diem is to be defalked out of every trooper's entertainment for payment of arms till the King shall be reimbursed the charge thereof, and that the Lord-General be prayed to put into the horsemen's instructions that if any soldier dies his executors shall be reimbursed by his successor such moneys as have been defalked for arms. [Written on the same paper as Feb. 22, No. 6. = ⅓ p.]
Feb. 24. Similar minutes of the Council of War. [Written on the same paper as Feb. 8. See Vol. ccccxliv., No. 56.⅓ p.]
Feb. 24. Articles of indenture agreed upon between William Ewer, of Malton, co. York, and Ursula Catesby, grand-daughter of Richard Catesby, of Drury Lane, co. Middlesex, on the one part, and Richard Catesby, the elder, of Drury Lane, of the other part. By this indenture Ursula Catesby articles and agrees to and with Richard Catesby, party to these presents, that if the said Ursula shall happen to die before her marriage, that then she shall give and dispose to William and Elianor Catesby, her brother and sister, 100l., being part of 250l. herein expressed to be equally divided betwixt them in case that William and Elianor, or either of them, shall be then living at the death of the said Ursula. [See Case E., No. 19. Half skin of parchment.]
Feb. 24. Letters of attorney by Sir Thomas Lucie, of Charlcoate, co. Warwick, and Richard Catesby, of Drury Lane, granting to William Ewer, of Malton, and Ursula Catesby, grandchild of Richard Catesby, power to implead and prosecute suits in the name of Sir Thomas Lucie against Sir William Saunders and others named for recovery of several sums of money upon their bonds. [See Case E., No. 20. Half skin of parchment.]
Feb. 24. 18. John Nicholas to his son, Edward Nicholas. Thanks for your letter and news. The Sheriff of Wilts prepares to wait on the judges very bravely, many friends helping to furnish him with men and horses. I have lent him my man, W. Gauntlett, and my best horse. I find myself much weakened by my last extreme sickness, and cannot expect better, since old age is sickness enough. Your mother is little better than myself, and has recovered her lameness. You shall receive by the carrier a flitch of bacon, two turkeys, three capons, and two pullets. [Seal with crest and arms. 1 p.]
Feb. 24.
North Somer-cotes.
19. John Gray to Endymion Porter. I know your weighty affairs take off your thoughts from Somercotes, but I pray you sometimes to think thereon, even though your wishes are that you had never known it, or not had such cause to have thought on it; yet have you done good to every one there but yourself for the present. I acknowledge your noble intention towards me, but the profit I enjoy thereby is of less value than you imagine, for though the allowance of 6d. per acre for your whole 1,000 acres be very small, yet in testimony of those thankful respects I owe you I was well contented with it, provided that it should be constantly paid me, and withal that for the lower 500 acres which Cutteris farms there should be a consideration of 50l. paid me in addition to the 6d. per acre. As for your upper grounds I look for no other consideration than what I have formerly offered to accept. [Seal with device. 1 p.]
Feb. 24. 20. Certificate by William Ryley, Bluemantle, of the funeral of Rachel Countess of Southampton, late wife of Thomas Earl of Southampton. She died at her house in Tothill Street on the [16th] day of February inst., and was buried this day at Titchfield, Hants. [Draft, incomplete. 1 p.]
Feb. 24. 21. Deposition of John Brand, master of the Gift, a small fishing boat. Was hired by Capt. Sinny to transport 32 passengers, of whom three were women, into Flanders. The passengers who embarked below Blackwall were all Irish except one boy, and were going into Flanders to serve as soldiers. [2/3 p.]
Feb. 24. 22. Brief of the proofs ex parte John Gardner, plaintiff, in a suit in the Arches Court against Tydie and Jupe. Dispute as to the custom of making rates in the parish of Rusper, Sussex. [7 pp.]
Feb. 25.
Hackney.
23. Edward Misselden to Sec. Windebank. The service so well prepared, accepted of by his Majesty, and favoured by you, is like to be lost by some late insolencies and violent opposition of some in the Company of Merchant Adventurers. Upon the King's pleasure, signified to the governor, deputy, and others by you on the 25th January, there was a conference, but no encouragement. Since then, the deputy attending you about the Duke of Lennox' license, you told him that the King expected an account of that direction of the 25th January, whereupon at the next general court he read the letter to the whole Company. The best is that the main thing was not expressed in the letter, else all had been lost. Though it took well amongst the principal and more discreet of the Company, yet some rash and violent men stuck not maliciously to cross that which no reasonable man could oppose, and amongst those Peter Jones falsely cast upon me, to answer for myself, then not there, the aspersion that I was not to be trusted, for that I had committed perjury in the denial of some petitions presented to the King or Lords, which was very offensive to all honest men who heard it, but it caused such a disorder in their court that they rose re infectâ; I may say defectâ; nothing done, but the service undone, and as good as lost. Reverence was generally shown to the letter, but Jones slighted it, calling it a bugbear. You see the King's service and honour is here engaged, and for myself I have more than ever cause to implore your favour to vindicate this gross and insufferable disgrace, which goes to the quick. I pray you to represent these things to his Majesty, and to signify his pleasure thereupon. [1 p.]
Feb. 25.
Hackney.
24. The same to [Robert Read]. Though it be my unhappiness to be trod upon and maligned for well-doing, yet even that may turn to your honour to help to defend the innocent. I am forced, you see, oftener upon Mr. Secretary than is meet. But these are pressing things which go to the quick and must not be let pass or smothered in silence. I am an earnest suitor to you to put Mr. Secretary in mind to move the King as soon as is possible. [½ p.]
Feb. 25.
Inner Temple Churchyard.
25. Allan Boteler to the same. My friend informs me that Mr. Jones, the Reader of Lincoln's Inn, did yesterday in his reading touch upon many points of honour, amongst the which it was questioned what honour was due to the Secretaries of State by right or favour, as also whether they have any place de jure in the Upper House of Parliament. Messrs. Babor and Tailer having undertaken [to argue] it, concluded that they had no place in the Upper House unless made barons or called by writ. This is the effect of all I have learned in this. I am assured you are so noble and sensible of my cause that I need not press for answer to the business I moved you in last night. The writs are known generally to be gone forth, which makes Dunkirkers lie in wait for me by sea and land, but it is in your power to release me. [½ p.]
Feb. 25. 26. Acknowledgment by Ludovick Earl of Crawford of the receipt of 100l. delivered to him by his Majesty's commandment. [⅓ p.]
Feb. 25. 27. Certificate by Edward Raye, rector of Tunstall, that he had entertained as his curate at Tunstall Edmond Pratt, M.A. [6 lines.]
Feb. 25. 28. Certificate by William Ryley, Bluemantle, of the death of Thomas Earl Rivers, at his residence, Winchester House, near Broad Street, London, on this day, and his interment at Chick St. Osyth, Essex. He married Mary, daughter of Sir Thomas Kitson, of Hengrave, Suffolk, by whom he had issue Elizabeth and Penelope; the former married Thomas Viscount Savage, lately deceased, and had issue eleven sons and eight daughters, whereof ten were living at the time of her husband's decease, viz., 1. John Earl Rivers, who married Catharine, second daughter of Henry Lord Morley and Monteagle, and had issue Thomas, now Viscount Savage, John, Richard, Elizabeth, Jane, Catharine, and Mary. 2. Thomas, who married Bridget, daughter and coheir of William Whitmore, of Leighton, co. Chester; she was also heir to her mother Margaret, daughter and heir to Sir Hugh Beeston, of Beeston Castle, co. Chester. 3. Francis. 4. James ("died without issue," interlined). 5. William. 6. Richard. 7. Charles. The eldest daughter of Thomas Viscount Savage at the time of his decease was Jane, who married John Marquis of Winchester, and had issue Charles Lord St. John of Basing. The second daughter, Dorothy, married Charles Viscount Andover, eldest son of Thomas Earl of Berkshire, and has issue one son, named Thomas. The third daughter, Elizabeth, married Sir John Thimbleby, of Erneham, co. Lincoln, and has issue one son, named John. The fourth daughter, Anne, married Robert, eldest son of Lord Brudenell. The fifth, Katherine, and the sixth, Henrietta Maria, yet unmarried. Lady Penelope, second daughter and coheir of Thomas Earl Rivers, the subject of this certificate, was married, first, to Sir George Trenchard, by whom she had no issue; and, second, to Sir John Gage, by whom she had many children. [Signed by Elizabeth Viscountess Savage. 2½ pp.]
Feb. 25. 29. Draft of the same. [3 pp.]
Feb. 26. Warrant under the Signet to the Sheriffs of London to deliver to Capt. Philip Bell the bodies of Robert Smyth and 24 others, condemned prisoners in Newgate, to be transported into foreign parts, with proviso that if they return without license or pardon, then they shall be executed. [Docquet.]
Feb. 26. Warrant to the Exchequer to pay to John de Cretz and others 620l. upon accompt for a barge of State to be made for the King's service against the meeting of Parliament. [Docquet.]
Feb. 26. Grant to Clement Halsey of a gunner's room in the Tower of London, with the fee of 6d. per diem, to commence from Lady-day 1636, during pleasure, vice Edward Roades. [Docquet.]
Feb. 26. Warrant to the Exchequer to pay to Sir Job Harby and Sir John Nulles 25,000l. with interest after the rate of 8l. per cent. from the 8th of July last, that sum having been disbursed by them for redemption of his Majesty's great jewel, left with the King of Denmark; also 200l. for transporting of the same. [Docquet.]
Feb. 26.
Whitehall.
30. The King to Patrick Lord Ettrick. By yours of the 18th of this present month, and by the relation of this bearer, William Roberts, we have been particularly informed of the present state of the Castle of Edinburgh under your charge, and of the reinforcement of men and ammunition lately put into it, which we hold a very great service, and acknowledge the success chiefly to your care and dexterity in the prudent ordering and managing of it. This as it has been a very great contentment to us, so you must be confident we will retain it in our princely memory for your advantage upon all occasions, and therefore we doubt not but upon these encouragements and assurances of our favour and in your own good affections to the preservation of our regal authority and government, you will continue your fidelity and diligence, which will be the more eminent and of the greater honour to you in these times of disorder and disobedience. For answer to your letters and memorials presented to us by this bearer we find him very worthy of the judgment you have given us of him, and therefore we have returned him back to you with the more speed, that our service may not suffer by his absence; and for allowance to be made him for services already rendered as secretary to you and paymaster to the soldiers we are pleased to confirm to him the place of paymaster to the garrison with allowance of 10s. a day from Christmas last; and concerning James Goodall, master-gunner of our castle, we confirm to him for life his present pay according to your desire. Your other memorial [see 23rd Feb., No. 17] we have likewise taken into consideration, and according to your desire have sent you by this bearer the printed book of orders made the last year for the government of our army [see Vol. ccccxv., No. 116]. You are also now to receive a commission authorising you to use martial law as well in inflicting punishment upon those in the castle who may be delinquents, as in suppressing any insolencies, seditions, or rebellions in the town of Edinburgh, and to exercise acts of hostility against all such there as shall raise any insurrection or disorder. For Sir John Ruthven and Colonel Francis Ruthven you are to assure them from us that they shall be entertained in the quality they have formerly served, if they will repair hither, and you are to give like assurance to as many other officers as will enter into our service here, that they shall be well received and entertained, and therefore you must use the best means you can to gain as many officers from the other party as may be, letting them know they shall be very welcome hither. That which concerns yourself in this memorial we hold very reasonable, and we are pleased to allow you 40 marks Scotch by the day, to begin from the time you first entered into the castle and undertook that service. This entertainment we do not bestow upon you as a sufficient remuneration for your service, but as a pledge and mark of our favour to you in the meantime, until we shall have opportunity to confer somewhat of better consideration upon you, and more equivalent to your merit. For the taking in of more soldiers we will advise further upon it as a business of some consequence, and which will require more deliberation. That which you move concerning Lieutenant-Colonel Scrymsoure [Scrimgeour], the Constable under you, we think very fit, and are contented to make him an allowance of 15s. a day from the time of his first entrance into that employment. If you will send [word] by an express what further supplies of men and munition will be necessary for securing the castle against a siege for 12 months, it will give us great light what course to take in time for your preservation. This bearer has recommended to us three gunners to serve in our castle, Richard Roberts, John MacWharter, and John Pescod, whom we require you to admit and make them such allowances as are ordinary, for which this shall be your warrant. [Endorsed by Windebank, "Draft of his Majesty's letters to the Lord Ettrick, sent by William Roberts, his lordship's secretary. With this was sent the book of printed orders, and a commission under the signet. 26th February 1639-40." 3 pp.]
[Feb. 26?] 31. The King to the Provost and Bailies of Edinburgh. We understand by your letters to us of the 18th February [see Vol. ccccxlv., No. 61] that according to our commandment you have caused the men and munition lately sent to our castle to be conveyed thither, which being for your own safety, and to secure you from the disorders of such as are ill-affected to our government and your peace, it concerned you to further with all readiness. Nevertheless we like very well the conformity you have shown to our pleasure, and take it as an argument of your good inclination to comply with your duties in other our services, which if we shall find really performed you may be confident that no enemies of yours whatsoever (if any such were near us) shall have power to settle other opinion in us than that which becomes a just and gracious prince to retain of good and loyal subjects. For these national statutes you mention, and the common law of nature which forbid the receiving of any other than natives into the strengths of a free kingdom, they are nothing to this purpose, seeing that as by the union of the two crowns of both these kingdoms in the person of our late dear father of blessed memory, the post-nati of Scotland were declared and are still accounted natives of this realm of England, and are as capable of any privileges and immunities here as any subject whatsoever born in England, and many of them do enjoy them accordingly; so, by the same reason, our subjects of England born since the union are of right to be accounted natives of that our realm of Scotland, and to enjoy all privileges of free-born subjects there, by which that objection appears to be wholly without foundation. This being evident, you see how little cause you have of fears and jealousies, that any, by procuring hard and grievous commandments, do plot and project your ruin, seeing we intend nothing but your safety and preservation. [Endorsed by Windebank, "First letters to the town of Edinburgh." Draft. 1¼ p.]
Feb. 26.
Westminster.
32. Patent appointing Sir William Uvedale, Treasurer of the Chamber, to act as Treasurer-at-Wars for the present intended expedition, with an allowance to himself for the execution of this office of 40s. a day for diet and a poundage of 12l. 10s. in every 1,000l. passing through his hands for portage, besides which for the allowance of two deputies 6s. 8d. a day each, for six clerks 2s. a day each, and for a messenger 12d. These allowances to commence from 1st March next. [Copy. 2¼ pp.]
Feb. 26.
Berwick.
33. Sir Michael Ernle to Sec. Windebank. The 22nd of this present month I gave you an account of what was commanded by the Lords of the Council concerning the several rents of all the store-houses formerly belonging to this garrison, and an estimate of the charge of repairing those houses. I also gave the mayor and his brethren to understand that they must be ready for his Majesty's use by Lady-day next. I required the mayor and some of the aldermen to subscribe to the note I sent, but they refused, because they said they hoped they should have greater rent for some of those houses, pretending they had been at much cost in repairing some of the houses from time to time. It is certain the common people in Scotland begin to be much discontented and jealous of many of those on whom they most depended, yet I am informed they have taken a very vigorous course against some particular men who refuse to contribute to their last order which they made for raising of money. They think their commissioners have waited over long for access to his Majesty. Their officers are still in several parts of the country, and sometimes they exercise the people, who come not with that willingness they were wont heretofore. I desire pardon for having neglected to write to you one whole week. P.S.—Concerning the works of all sorts Capt. Lloyd will give you particular account. I desire that a surgeon may be sent hither, for if a man be sick we cannot so much as get him let blood. If I had your order I could procure one sufficient. [1 p.]
Feb. 26.
Berwick
34. George Payler to Sec. Windebank. In my last I begged your assistance for my coming up to discount, to which I understood the Lord Treasurer is consenting, but I will not presume to remove until I have his express commands. If the Lord Treasurer had enlarged me at once I could have left sufficient money for the garrison until my return, but being delayed the treasure in my custody will be so much expended that I must solicit for a new supply before I take my journey. Much of the earthwork newly made upon the walls nigh the Cowgate is again broken down, and the wall in many places is in danger to be ruined, owing to the weather. Capt. Lloyd was very industrious to make it substantial, but his endeavours are now hazarded after he had expended 677l. 18s. 6d. Sir Robert Jackson intends to-day to take a muster of all the companies in this garrison. The commanders have denied obedience to some part of his Majesty's instructions, which cannot be reconciled but by a high hand. [1 p.]
Feb. 26.
Berwick.
35. Capt. Charles Lloyd to Sec. Windebank. In my last I sent you a report of my proceedings with which I hope you were content. Since then I have been troubled with an excessive quantity of snow and rain, which has caused some part of the main earthwork to sink a foot, and so prevented my further progress until more settled weather, about the end of April. The town is in a good state of defence against any sudden attack, the small breastwork being sufficient for the present, seeing no ordnance as yet can be brought before it. This wet has also broken down part of the stone wall next the river, but does not prejudice the strength, seeing it was on the top of the steepest part of the hill, which is inaccessible. Divers houses which have stood for 40 years have shared the same fate, and the inland waters, as we hear, have drowned many passengers. The carpenters are in hand with a barricade before the drawbridge at the bridge and the scaffold for the ordnance, with a gate for the Newgate, all which I hope to have up the next week, but the drawbridge at the Cowgate I cannot set up till the weather permits. The masons are repairing the broken wall in the most necessary places. Thus I have given you a true relation of the state of the town. [1 p.]
Feb. 26.
Llewerllyd.
36. Ralph Hughes, sheriff of Flint, to Nicholas. I received the ship-money writ with the Council's instructions for that service on the 27th December, and a letter from the latter, dated the 12th January last, requiring me to pay in to the Treasurer of the Navy such sums as I should have received by the 20th of this month, with an account of my proceedings. Forasmuch as I am advertised that my predecessors, sheriffs of this county, were wont to receive letters of direction from you touching these affairs, and that their answers to you were satisfactory to the Board, I make bold to acquaint you with the difficulties and distractions which I daily meet with in these my proceedings, and pray you to acquaint the Lords with the particulars here related touching the assessment of the ship-money on this county, and the opposition made thereto. There is scarcely a township in all the county from whence I have not received complaints. Some money is collected, but none has come into my hands, every collector returning to me, instead of money, either complaints or professions of poverty. And to be too forward to distrain in this dead time, when money is so scant and cattle so much impaired with labour, would in my opinion much dishearten the people, and make the service more distasteful; but I will use the best means I can to gather in what moneys I can for the present, and when I have secured the moiety will hasten to pay it in to the Treasurer. [Seal with arms. 1¾ p.]
Feb. 26. 37. Acquittance of William Caldwall for 10l. received of Edward Nicholas as rent for his house in King Street, Westminster, for the quarter ending Christmas last. [⅓ p.]
Feb. 27. 38. Capt. Francis Trafford to Sec. Vane. Perceiving that great preparations are made and the superior officers already pricked, while I am not mentioned or assured of any command, this emboldens me to acquaint you with what is necesarry for the King's service. 1st. That the 600 dragoons now lying in Cumberland may be so settled as to render them useful upon all occasions, for being as they are now they can do little good, seeing that Sir Richard Gream and others have, and still do endeavour to render them useless. 2nd. That the Lord-General will give me order and commission for levying 400 dragoons in Wales to make the regiment of 1,000 complete, each trooper to be armed with a Scotch pistol, besides musket and sword. The 600 Cumberland dragoons to remain for their country's defence upon their own border, for that is their desire. The 400 Welsh to be disposed of wheresoever the Lord-General shall think fit. 3rd. That I may be thought worthy to command a troop of arquebusiers, which will be a great strengthening to the regiment, and make me capable to quarter myself in an enemy's country, or to attempt anything that I shall be commanded to do. These my requests I commend to your honour's favour, and desire that you will think I make suit for no greater a command than I formerly have had in foreign parts, being fully assured that none can so justly pretend to cavalry service as myself. [Seal with crest. 1½ p.]
Feb. 27.
Newcastle.
39. Sir John Marlay to Sec. Windebank. I hope mine of the 5th inst. came safely to hand, since which time I can by no means learn where Sir John Bohannan [Buchannan] remains; if in Northumberland he keeps very close, but it is supposed that he is gone for Scotland. I am informed that he has good store of money at interest in Newcastle, but Allen the attorney, with whom he lodged, and who is now at London, can inform in whose hands his moneys are; if not, I think I can learn it. I am persuaded the money may find him out if there be need. [½ p.]
Feb. 27.
London.
40. Mr. Harrington to the Alderman and his brethren of Stamford. My near habitation and three years' education within your liberties has made such a powerful and affectionate impression that I should seem infinitely ungrateful did I not labour after a thankful return. A fit opportunity I have long waited for, which is now effected in his Majesty's summons to a Parliament, wherein, if you shall think me worthy, I declare myself cheerfully willing to do you service. To adapt me for this I desire the favour, though absent by reason of urgent occasions, to be presently registered a member of your corporation, and I shall shortly attend you to take my oath, and to express both to you and the town my real thankfulness. This my request, though unusual, is not illegal, as I am informed, but I refer myself therein to you and to your learned counsel. I should here conclude, but that my duty to the republic, whereof we are all fellow members, commands me to put you in mind of the weight of the business which God and the King have intrusted you with. Our Solomon has, by virtue of his writ, made you principal architectors to choose fit materials for the building of a royal and living house for the safest peace and glory of his kingdom. Let it be your care then that it may prove a Bethel, a house of God, not a Babel, a tower of confusion. This, like the first temple, must be built with stones ready squared; no hewing, no putting to school; their 30 winters are scarce sufficient to warrant them from mouldering to dust under the pressure of that employment. To you is committed both the sword and the balance to divide and to distinguish, These corner-stones must neither recline, decline, nor incline, but stand upright and perpendicular to heaven, as being immoveably fixed upon the basis and foundation of naked truth. The eye of wisdom and the hand respecting public good, not private and by-ends, must hold the plumb-line of judgment to each stone, from whose voluntary, not wracked or limited, motion will necessarily follow a right censure and happy election. I need write no more nor this, as being assured that your piety abhors to betray his Majesty's trust and your country's good. If by these honest remembrances I have excluded myself I am well contented with that reverend bishop, rather to want a place than that the place should want a man. [Signature torn off. 1 p.]
Feb. 27.
Wood Street.
41. Certificates under the hands of John Lee and John Helmes that John Gislingham had withdrawn his action commenced in the Sheriff's Court, London, against Nathaniel Stephens. [1 p.]
Feb. 27.
Whitehall.
Minutes by Nicholas of business transacted this day at the Council of War. Ordered that four companies of foot, each to consist of 100 men besides officers, shall be forthwith raised for reinforcing the garrison at Berwick; viz., 200 in Yorkshire, 100 in the east and north ridings, and 100 in the west riding; 100 in the bishopric of Durham; 60 in co. Northumberland; and 40 in co. Cumberland. The officers of these four foot companies to enter into pay upon setting forth towards Berwick. Three of these companies to be armed at Newcastle and the other at Berwick; their arms to be two parts muskets and one-third pikes. Order to be given to the Lord Mayor of London for pressing 200 foot within the City and its liberties, the same to be embarked at the Tower Wharf for the north. The arms for these 200 foot to be supplied by the Master of the Ordnance, and sent by sea; three parts muskets and a fourth part pikes. Ordered that Morgan and Gislingham, who caused a trooper belonging to Sir William Brouncker's troop to be arrested, shall remain in the messenger's custody until the trooper and his bail be released. [Written on the same paper as Feb. 22nd. See No. 6. 1 p.]
Feb. 28. Grant to Richard Nevill, gentleman of the bedchamber to the Prince, and to his heirs in fee-farm of the common or waste called Millhay or Millmore, Millnhayward or Colebrookward, parcel of the forest of Duffield Frith, co. Derby, and other lands recovered for his Majesty in the Duchy Chamber by Nevill's prosecution, the same to be charged with the rent of 45l. 3s. per annum to the Crown, being an increase to the revenue. These lands are to be held in free and common socage of his Majesty's manor of Enfield, Middlesex. [Docquet.]
Feb. 28. Grant and confirmation to George Kirk, his Majesty's servant, of certain parcels of fen lands in the West and North fens, near Boston, Lincolnshire, amounting to 2,167 acres, at a reserved rent of 109l., the same to be held in free and common socage of the manor of Enfield, Middlesex. [Docquet.]
Feb. 28. License to Edward Russell, Esq. son of the Earl of Bedford, to travel beyond sea, with two servants, for three years. [Docquet.]
Feb. 28. Congé d'élire to the archdeacon and chapter of Llandaff to elect a bishop to that see, the same being void by the death of the last bishop [William Murray]. [Docquet.]
Feb. 28. The King to the same. Recommends Morgan Owen, D.D., to be elected bishop of Llandaff, by warrant from Archbishop Laud. [Docquet.]
Feb. 28. Grant to Edward Potterell and others as trustees for the commoners and tenants of Alderwasley and Ashleyhay of 550 acres of waste or common, called Millhay, parcel of the forest of Duffield, co. Derby, allotted to them and their heirs for ever at a reserved rent of 2s. per annum, to be held by fealty only as of the manor of Enfield, Middlesex, with a free exemption from all liberties and laws of forest. [Docquet.]
Feb. 28. Warrant to the Exchequer, and to the collector of the new imposition upon strangers' goods in the port of London, to pay out of the money to be received upon the said imposition for the years 1640 and 1641, to the Earl of Newcastle or his assigns, 10,000l., that sum having been lent to his Majesty, with interest at 8l. per cent. [Docquet.]
Feb. 28. 42. List of officials and others required to lend money to the King upon the Scotch business; all were warned to appear at the Council Board except six, who are described as out of town. [¾ p.]
43. Similar list with the amounts subscribed by each. [¾ p.]
Feb. 28. 44. Answer of the tinners of Cornwall to the order made this day at the Council Board, your Majesty being present. The tinners are altogether surprised therein, and never had notice of any report made by the Lord Treasurer and Lord Cottington upon the remonstrance of Sir Job Harby, touching the tin mine discovered in Barbary, mentioned in the said order, nor of the order of the Board before the 22nd of this present month. The tinners humbly submit that upon this last increase of price given, the adventuring tinners have, according to your Majesty's declaration, given an increase of wages to the labourers about the tin which cannot now be abated without stopping the tin works in Cornwall; they likewise show that it is impossible that a tin mine so lately discovered can in any considerable manner hitherto have prejudiced the vent of English tin in foreign parts. [1 p.]
Feb. 28.
Whitehall.
45. Sec. Vane to Sir Thomas Roe. Since my last of the 21st inst. I have received one from you of the 4/14 of the same month, directed to Sir John Coke, which I have communicated to his Majesty. The writs for the summons of Parliament being now issued busy the people in choosing their knights and burgesses; God give his blessing to the meeting. I moved his Majesty concerning General King, and he told me he had already directed Sec. Windebank to write to you to send King for England, where he intends to give him employment, or else other contentment. I hold him a gallant man, and think you have done his Majesty a great service in disposing him to serve his prince. You may assure him of my service whether his Majesty's affairs shall settle in peace or war ; the first I hope will still continue, for the end of war must be peace at last. Three of your letters, under cover to my predecessor, have been brought to me, in all which you express your desire to return. I have not omitted to inform his Majesty thereof, nor to press for his resolution. I find him inclining [to grant your desire], and nothing but his service can keep you long abroad, for you have so well acquitted yourself in your negotiation, and given his Majesty such full satisfaction in all his affairs, that you may take some comfort therein. In my next I shall be able to speak more clearly of the time when you are like to be recalled, for the King of Denmark, in his letter to his Majesty, intimates his desire of mediation for peace. As he shall advance therein, and the affairs shall be so well prepared as to come to a general assembly to conclude of a general peace, Cologne being the place spoken of, that King will then call upon his Majesty to send an ambassador either thither or wheresoever else, to co-operate with his, for the interest of his nephews and the Palatinate; for which service I know none so able nor so well experienced to perform as yourself; for, being upon the place, and having a perfect knowledge both of persons and affairs, it must be from your hand that the great difficulties that are to be surmounted must be removed, or by your wisdom and dexterity facilitated, or else to confess my hopes of success in that great affair will not be great. [2¾ pp.]
Feb. 28.
London.
46. Sir Richard Cave to Sir Thos. Roe. Yours of the 4th January has had a cold journey, for it came to me but this morning. Within two days you will hear of Prince Casimir's liberty, by which the French, it seems, can make more advantage than by keeping their word and promises to the King concerning Prince Rupert. The Prince Elector for these last six weeks has been more strictly and closely kept than formerly; his usage has been and is most barbarous; yet they write to me from thence as if they suddenly expected his liberty, which I fear will not be easily granted without conditions. M. de Chavigny and M. de Bellievre were with his Highness about 10 days since, when the latter was left alone with him for three hours, and as 'tis thought, says Augier, left a paper with him to consider, but whether to sign or not is not said. I have not of late written to his Highness; I am counselled the contrary; indeed, any intercepted or even suspected conveyance of letters would increase his ill-usage; but in those I formerly wrote I always entreated him to be specially careful not to make himself master of any act or project of consequence without the King's privity, or, at least, without the counsel of the Earl of Leicester. The writs calling a Parliament are issued, and the choice of representatives in divers places already made. The Scotch business is at the very crisis. Our preparations continue at the height. Many cavalry officers have already their commissions, and the infantry colonels are most of them nominated, yet we cannot hear that any answer is given to the Scotch commissioners. What will become of that great business God knows, for I suppose that many of the greatest who sit at the helm are to seek what to say, do, or think in this business, and especially in times when there is so much distraction both in court and country. I believe you will expect to hear no perfect intelligence from me concerning Curtius, when you perceive he would not impart his instructions to the Queen [of Bohemia], for whose only affairs, or at least her children's, he is employed. I will very shortly write to Lady Roe somewhat more concerning Mrs. Rupa and Mr. Gerrard, which is desired on all parts to be kept very secret. [Seal with arms. 2 pp.]
Feb. 28.
Whitehall.
Lord Treasurer Juxon and Francis Lord Cottington to Henry Potter, Registrar of the Court of Admiralty, or his deputy. His Majesty, by letters patent of the 6th inst., authorised us to give order to you to pay to Edward Nicholas, clerk of the Council, out of such Admiralty profits as remain in your hand, the sum of 200l., for which, together with Nicholas's receipt for the same, this shall be your warrant. [Copy. See Vol. cccliii., p. 118. ½ p.]
Feb. 28.
Edinburgh.
47. Archibald Earl of Angus to William Marquis of Douglas. I resolved to be the first to advertise you that I have now done that which I told you I should be necessitated to do, and which I delayed hitherto chiefly till I should disengage myself to you. The greatest news here is of the Earl of Northumberland's late patent to come general against Scotland, the copy whereof you will receive herewith [see Feb. 14]. The petitioners [from Scotland] at Court got not presence till Thursday was eight days, at which time, being brought in by Lord Traquair, the King commanded them to put their mind in writing, and give the same, with whatsoever else they had to say, to Lord Treasurer Traquair, from whom they should also have their answer. They replied that they had something directly to lay to the Lord Treasurer's charge, therefore desiring his Majesty not to refer them to him. The King answered they behoved to receive the way of their hearing from him, and not to prescribe the same to him, and that Traquair, he knew, was an honest man. [Endorsed beneath the address: "This letter should have come from Edinburgh with Patrick Leviston, who said he would be with your lordship this night. I must complain that he came not near me again." Seal with crest. 1 p.]
Feb. 28. 48. Deposition of William, son of Sir James Scott, of Balwearie, co. Fife, that about a month since he having cause to speak with James Colville, the latter said he could do his Majesty good service if he were employed, as he had been lately in Scotland, and had met with divers of the chief Covenanters, viz., General Lesley and the Earl of Rothes, so that it were well he were fairly treated; that they had much repented them in Scotland that they had not killed the bishops and done with them, as they had done in Biscay. Deponent further says that Colville has had some discourses with some of the Lower House of Parliament here in England, who said that the Queen's Majesty took upon her to be protectrix of the [Roman] Catholic religion, and that it was disagreeable to the law here, and some of the Queens heretofore had been censured and put off the country for it. Colville also told deponent that the commissioners who came lately out of Scotland had by the way vented divers writings, whether in print or no he cannot tell, but supposes these to have been the little pamphlet lately spread abroad, for they made mention of all the proceedings between his Majesty and the Covenanters, and of their demands now, and of their proceedings in the assembly. One of the prime Covenanters said that if his Majesty entered in blood they had a way for him and his succession; the party he will discover to his Majesty himself. [In margin: Mr. Robert Meldrum, if he could be taken by the governor of Edinburgh Castle, and his papers seized, he might discover great things. He has intelligence with Sweden, Holland, France, and others. In Sec. Windebank's hand, but signed "Baluerie." 1 p.]
Feb. 28. 49. Points of agreement in the informations returned by Messrs. Nevill, Wright, and Howson, of Merton College, Oxford, concerning the breach of Archbishop Laud's orders in that college. [Endorsed by Archbishop Laud as sent down to the college, 28th Feb. 1639-40. 1 p.]
Feb. 29. Petition of George Bostock, William Burston, Robert Lant, Thomas Yates, Robert Wild, and George Ransome, constables of the ward of Aldersgate, London, to the King. Being appointed by order of the Lord Mayor and Court of Aldermen to erect a cage near Aldersgate, where one anciently stood, petitioners out of their misunderstanding, being plain handicraftsmen, in doing thereof committed some offences, for which they received a heavy but just censure in the Court of Star Chamber, three of them being fined in 1,000l. each, and the rest 500l. each, besides 200l. to the plaintiff for his damages, which fines they are unable to pay, having no means but their fingers' ends whereby to get bread for themselves and families; their goods and household stuff already sold to pay the charge of the suit and imprisonment in the Fleet, where they remain, like to perish without your gracious favour and mercy extended towards them. Pray the King of his innate clemency and goodness to the distressed to remit and pardon their fines, and to give order for their enlargement. Underwritten,
i. Order as prayed for petitioners' enlargement and remission of their fines, for which purpose the Lords of the Council are to be attended at their next sitting for mitigation of fines in the Star Chamber. Whitehall, 29th Feb. 1639-40. [Copy. See Book of Petitions, Vol. cccciii., p. 160. = 1 p.]
Feb. 29. Warrant to the master and receiver of the Court of Wards to pay out of that revenue, on the 25th March 1641, 3,835l. 11s. 3d., and on the 25th March 1642, 4,114l. 5s. 0d., in satisfaction of money lent to his Majesty by Philip Earl of Pembroke and Montgomery, the same to cover principal and interest [at 8l. per cent]. [Docquet.]
Feb. 29. The like to Sir John Wolstenholm and the collector of the new impositions for merchandise outwards to pay out of that revenue, at Michaelmas 1640, 5,000l., and at Michaelmas 1641, 8,000l., in satisfaction of money lent to his Majesty by Philip Earl of Pembroke and Montgomery, besides interest after the [rate of 8l. per cent.] when the same shall be cast up. [Docquet.]
Feb. 29. Grant and confirmation to Philip Hungate and his heirs, at the nomination of Henry Jermyn, of the manor of Sherburn, Yorkshire, under the ancient tenures and services, and a discharge to him and his heirs of a recognisance of 1,600l., entered into by Ambrose Woolley and Richard Tirrill to Edward VI., of whom they purchased the manor, at 20 years' value, and to pay for the woods as they shall be valued; conditioned that they reconvey the manor to the King and his heirs. [Docquet.]
Feb. 29. Grant to Philip Lanyon of a gunner's room in the Tower of London, with the fee of 6d. per diem during pleasure, to commence from the death of Nicholas Congan. [Docquet.]
Feb. 29. License to George Speake, Esq., to enclose within his park at White Lackington, co. Somerset, two highways passing through the same, on condition that he lay out another highway near the park as competent for passengers. [Docquet.]
Feb. 29. Warrant to the Exchequer to pay to Cuthbert Collins 60l. without account, for 20 brass trumpets furnished for the King's service the last summer. [Docquet.]
Feb. 29. Demise to Philip Earl of Pembroke and Montgomery of the lordship, manor, town, and castle of St. Briavels, and of the manor of Newland, co. Gloucester, for term of 40 years at the rent of 66l. 5s. per annum. [Docquet.]
Feb. 29. Grant to Edward Stevens and Simon Neale, at the nomination of William Murray, his Majesty's servant, of several manors, rectories, tithes, and chantry lands, mentioned to be formerly granted, 30 Eliz., to Edward Downing and Miles Dodding, which being of greater value than was intended by her Majesty, the letters patent are held to be void in law. This grant is done in consideration of Murray's charges in discovering of the premises, and of an increase of 500l. per annum. [Docquet.]
Feb. 29. Minute of a warrant to commit James Wilford to the Gatehouse prison. [See Vol. ccxcii., p. 114. 3 lines.]
Feb. 29. Another copy. [See Vol. ccccxlvii., No. 1. 4 lines.]
Feb. 29.
Exeter.
50. Sir Nicholas Martyn, sheriff of Devon, to the Council. I received the writ for providing a ship of 720 tons for this county, which by your instructions of the 1st December was apportioned at 9,000l., whereof the city of Exeter and the corporate towns should bear 1,280l., and the county the remaining 7,720l. At a general meeting of the mayors it was agreed that the several proportions assigned by the Lords to the towns severally should stand. For my own particular charge I have, in accordance with your commands, herewith sent you an accompt of my proceedings, together with a book of the rates of the several parishes confirmed, and have according to my best endeavours proceeded to the collection thereof. With much ado I have collected and returned to Sir William Russell 2,060l. 17s. 7d., payable 9th March, and 1,242l. 19s. 1d. on the 23rd of the same month. Albeit I have made return of this great sum, I thought fit to acquaint you that some hundreds and parishes do yet stand out and refuse to pay, concerning which I shall use my best endeavours, and when that can do no good I shall acquaint you therewith. I have also sent to each mayor a particular letter to hasten their respective payments according to your last letters. [Seal with crest and arms, broken.]
Feb. 29.
Ashwell.
51. Sir Guy Palmes and W. Robinson to the Commissioners for Saltpetre and Gunpowder. In obedience to your letters of the 19th January we called Mr. Pinckney, the saltpetreman, and [Richard] Woulfe, late alderman of Stamford, before us, when the former avowed the contents of the petition, and the latter confidently denied them. But Pinckney having brought no witnesses to prove the same, alleged he could not spare his men from their work to come to prove it, but earnestly desired us to make an end between them, so Woulfe gave him satisfaction to his own contentment, which we gave way to, provided you thought fit to allow the same. As concerning his dovecot, he promised that the floor of the chamber therein should be pulled down, and the house so left that saltpetre may hereafter be got. All which we submit to your Lordships. [1 p.]
Feb. 29.
Brussels.
52. John Lanyon to Sec. Vane. After several disasters on the voyage I came to Brussels, and thence to Antwerp. I was then by Mr. Henchcombe, correspondent to Sir Job Harby, brought to several large quantities of arms mostly sent from Liege on purpose to be viewed. All these arms I find in some particulars to vary from those desired by you. The differences are here specified and explained. The saddles in these parts are generally well wrought, but made of russet dry leather, and the parcel required is undertaken to be made within six weeks. Represents the exceeding charges the writer had been at ever since his departure from London. [Seal with crest. 1½ p.]
Feb. 29.
Brussels.
53. The same to Sec. Windebank. To the same effect as the preceding. [1½ p.]
Feb. 29. 54. Petition of Thos Badger, printer, to Archbishop Laud. About two years since Thomas Purfoot, one of the ancient master printers in the decree, being advanced in years, desired petitioner, who from his infancy had been trained up in the art of printing, to assist in managing his trade, which being communicated to your Grace by petitioner's father, Richard Badger, you were pleased to appoint him to acquaint Sir John Lambe therewith, who directed petitioner to print as assignee to the said Thomas Purfoot. About Christmas last Purfoot having resigned all his right and interest to petitioner is lately deceased. Prays his Grace to grant consent that petitioner may be elected a master printer in the place of Purfoot. Underwritten,
54. i. If there be no inconvenience by doing what is here desired I shall not be against it; and therefore before I grant the petition I desire Sir John Lambe to consider well of it and give me an account. W. Cant. 29th February 1639[-40. 1 p.]
Feb. 29. 55. Account of ship-money for 1639 levied and in the hands of the sheriffs. Total 3,907l., making with the 1,622l. paid to the Treasurers of the Navy 5,529l. It is added that during this week 130l. was paid in upon writs of 1637, and 277l. upon writs of 1638, but none of the arrears for 1635 or 1636.
Feb. 29. 56. Certificate by Sir W. Russell and Henry Vane of ship-money paid in this week upon writs of 1639, 1638, and 1637, viz., 1,622l. 11s. 7d., 277l. 9s. 7d., and 130l. respectively. [1½ p.]
Feb. 29. 57. Depositions of Anthony Smith and George Grey, tenants to the Dean and Chapter of Durham, taken by Sec. Windebank. [5¼ pp.]
[On the 11th March 1639-40 Walter Balcanqual, dean of Durham, complained of George Grey and Anthony Smith, two of the tenants of the Dean and Chapter of Durham, for misdemeanours committed by them in getting divers of the tenants of the said Dean and Chapter to set their hands and seals to divers papers and petitions of complaint against the Dean and Chapter, their landlord, and to contribute money for prosecution of their complaints; and, as the dean did allege, they did not make known to the Dean and Chapter their grievances before they came up to complain.
The said Grey and Smith appearing before the Lords of the Council, acknowledged that what was alleged against them was true as to the subscribing petitions; but declared they had cause to complain against the Dean and Chapter, for that contrary to a decree entered in the court of York and elsewhere, in the time of Queen Elizabeth, which did contain their right in the renewing their leases, &c. Rushworth, iii., p. 1052.]
Feb. 29. 58. Bill and acquittance of John Tully, coachmaker, for 26l. received of Edward Nicholas for a coach. Besides this sum Nicholas paid 13l. for cloth and fringe, and 5l. for two horse harness, bits, &c., "so all appertaining to my coach and harness cost me 44l." [¾ p.]
[Feb.] 59. Petition of James Lord Walden to the King. That by conveyance made by petitioner's grandfather, Thomas, late Earl of Suffolk, upon great and valuable considerations, divers of his lands were estated upon petitioner's father, Theophilus, now Earl of Suffolk, for his life, the remainder to petitioner in tail, and the residue of the lands upon petitioner's father in tail, to which estate petitioner is heir-apparent. That divers other honours, manors, and lands of great value descended to petitioner in feesimple as heir to his mother, who was daughter and one of the coheirs of the late Earl of Dunbar. That Sir Edmund Sawyer and others procured of petitioner's father fines and other conveyances, not only of lands which he had in tail, but also of some of the lands which he had only for life, to sell the same for payment of certain debts wherein they were then engaged for petitioner's father. Sir Edmund and others upon a petition to your Majesty, in the name of petitioner's father, therein undertaking that so much of the said lands so conveyed as should remain after those debts were paid would amount to a greater value than the lands whereof petitioner had the inheritance from his mother, and would be of more benefit and convenience for him, and that the same should not fail to be settled, your petitioner thereupon obtained one or more privy seals for him to convey these lands to them, which was done accordingly, with intention to satisfy those debts and engagements which lay upon the other lands, and to make provision for the younger children of petitioner's father, that so those lands formerly engaged might be settled upon petitioner free and clear from all encumbrances; and thereby they have not only sold most part of the inheritance descended to petitioner from his mother, which, though sold at a far under value, have yielded to them about 34,000l., but also by the said privy seals have endeavoured to make good the former conveyance of the land, whereof petitioner's father had only an estate for life as aforesaid, and thereby raised above 14,000l. more; and also by colour thereof have taken upon them to sell divers of petitioner's lands not within the privy seals, whereof petitioner should have had possession and profits ever since the death of his mother, and yet have not estated upon him the other lands, nor discharged the debts, or raised provision for the younger children. On the contrary, Sir Edmund Sawyer, with William Allington and Robert Naper in March last petitioned your Majesty to have sold all or any the said lands, and since the two last named by agreement between them and Sir Edmund preferred a bill in Chancery against Sir Edmund and petitioner's father, Lawrence Whitaker, Marmaduke Moore, and others to enforce the sale thereof for payment of new and other debts, besides those for which the lands were first conveyed to be sold, and have felled woods and disparked parks, and threaten to fell the residue of the woods, and to deface and disfurnish the houses, and to obtain leases of the lands, whereof petitioner's father has only an estate for life, upon pretence that he has an estate without impeachment of waste, and has power to make leases. Petitioner's suit is that your Majesty, who best knows your royal intention in granting the privy seals, would upon hearing all parties make and settle such order in and concerning the premises for relief of petitioner as you shall find most agreeable to justice and equity and to your gracious intention therein. [¾ p.]
[Feb. ?] 60. Petition of Richard Forster, citizen and vintner of London, to the Council. In the new buildings to be erected in Southampton Garden, next Chancery Lane, the same being 80 houses, there being but one house for a tavern, petitioner in January last, at a fine of 103l. and 70l. rent, took the same for 21 years, and bestowed great charges in fitting the house, besides 400l. for furnishing and storing. Upon information that there are five taverns already in Chancery Lane, and that petitioner's house, which is fit for the reception of a person of quality, would lay open to disorderly persons the privacy of Lincoln's Inn Garden, and be a great annoyance to that society, and to persons of quality next thereto, petitioner's house was ordered to be suppressed from being a tavern. The intended tavern lies in the most convenient place for sale of wines to the inhabitants, and cannot interfere with the taverns in Chancery Lane, or with Lincoln's Inn. Appeals to a certificate of good behaviour, and prays to be suffered to proceed in the contemplated employment of his house. [2/3 p.]
Feb. Warrant under the Signet to George Kirk, gentleman of his Majesty's Wardrobe, to pay to the tradesmen and artificers belonging to his Majesty's robes 2,423l. 13s. 8½d. for wares delivered and work done for the half year ended Lady-day, 1637. [Docquet.]
Feb. The like, to pay 1,883l. 0s. 7d. for the like work and service for the half year ended at Michaelmas, 1637. [Docquet]
Feb. Warrant to the Chancellor of the Duchy of Lancaster to compound for disafforesting all lands of the King's manors within the hundred and forest of Peake, co. Derby. [Docquet.]
[Feb.?] 61. Petition of Capt. Henry Bell, prisoner in the Gatehouse, Westminster, to the Council. Petitioner, in the depth of his present misery, receives some comfort in that he assuredly knows God has endowed your Lordships' hearts with true godliness, and given you ears that are willingly open to hear the just cries and complaints of the poor oppressed. Petitioner is content to suffer the cruelest death if he makes it not appear to your Lordships that in every particular he is guiltless of all the crimes wherewith he is charged. In commiseration of his seven years' imprisonment, through which his health and strength are much decayed, prays the Lords would be pleased but only to hear him speak, or else to order such an end to his business as shall be found agreeable to justice. [¾ p.]
[Feb.?] 62. Petition of the same to the same. Whereas his Majesty has lately given directions to Sec. Vane to despatch petitioner's business depending at the Council Board, which cannot be done until his return, petitioner knows not what shift to make until the Secretary's return, being utterly destitute of means. Letters of Privy Seal remain in Sir Robert Pye's office for payment of 550l. to petitioner, disbursed by him for the King's special use and service, of which sum he has received 420l. during his imprisonment, leaving still unpaid 130l. Prays the Lords to recommend his suit to the Lord Treasurer, for order to pay the said 130l., or else that they would be pleased to commit him to prison again as before, his cause as yet not being heard, until Mr. Secretary's return, and petitioner's business be despatched according to his Majesty's directions. [¾ p.]
[Feb.?] 63. Petition of George Durant, clerk, vicar of Blockley, co. Worcester, to Archbishop Laud, of Canterbury. Petitioner having lately entered as surety for his natural brother to one Woodward, the latter, upon the bond becoming forfeited, prosecuted petitioner in the Marches of Wales [Court] upon the penalty of the bond, but never troubled the principal for the same. Because the court could not hold plea for all the penalty, therefore the judges there directed that there should be two several judgments, and thereupon granted out of that court a sequestration against petitioner, directed to the sheriff to sequester all the tithes of the spiritual means of petitioner. Thereupon the sheriff made a special warrant to some of Woodward's friends as bailiffs to execute the same, who, out of malice, rode through Blockley on a Sunday morning, in time of divine service, and at the close of the service read their warrant in the church, forbidding the parishioners to pay any tithes to petitioner. All which, petitioner is advised, is in evasion of the ecclesiastical and common law of this realm. Prays the Archbishop to direct the King's advocate to prosecute the offenders therein in the Court of High Commission. [1 p.]
[Feb. ?]
Gracechurch Street.
64. Edward Bolde to Sec. Vane. Had not a little mischance befallen me, I had not thus long neglected to wait on you. By these I will only let you know that the Covenanters have one George Wachop come with letters, who is, after their first speech with his Majesty, to return with order to Scotland what the country shall do. He came post, and has challenged me for speaking against the Scots' proceedings; he has also written to Scotland of it, and letters are come from thence to divers Covenanters and intelligencers here, which I have seen, that if I turn not my tongue and speak well of their actions it shall cost me my life. This confirms my assertion, that the north part of this kingdom is too well affected to their proceedings, who tell them what is spoken in his Majesty's favour. It were good to attend Wachop's departure and try for the men who told him what I said, and see his letters; I know his lodging. The Scots' commissioners have a prefixed time to stay here for his Majesty's answer, in which if they get it not, they will slip away. I can hardly find in all this country six men together, but two or three incline to the Scots' cause; therefore some speedy remedy should be taken to give the whole kingdom true information. If his Majesty get not contentment of his subjects here in Parliament, then were it necessary to let the Scots rise in arms, who will invade. This may be done by sending ships to the Forth. When the last Scotch army should have trained before his Majesty, it was rumoured among them, his Majesty was to have 6,000 men to go for the Palatinate, whereupon every man ran home; so it is vain to think his Majesty will get these men to go upon foreign service; only commanders will. I pray you remember my own business. If in his Majesty's service under you I may have any place for employment suitable to the way wherein I have been bred, Sir William Bellasis knows my ability, and, God willing, my actions shall be just. This I wish to know shortly, before I engage myself in the way of merchandise. [Seal with devise, broken. 1 p.]
[Feb.] 65. Sir James Douglas to Sec. Windebank. Prays Windebank to inform the King that he has made ready in Berwick some quantity of limestones, intending the same for his own use, but finding that for his Majesty's works about Berwick there is need of such materials, he has most willingly offered the same to his Majesty's officers there for that use, at as easy a rate as any such things can be had there or elsewhere; nevertheless, these officers, not contented herewith, will needs bring other townsmen to work at their pleasure in his grounds, and thereby to possess themselves, as it were, with a right to the same to his great prejudice. He therefore entreats Mr. Secretary to move the King to give order to these officers to forbear putting men into his grounds, he furnishing the service at as cheap a rate as they will or can do, as he did the last year furnish for the same works before the King came to Berwick, when those who are now so forward only for his vexation could not do it. [½ p.]
Feb. 66. Indenture made between Sir William Uvedale, Treasurer at Wars, on the behalf of his Majesty, on the one part, and Sir Nicholas Byron on the other part. By which Sir Nicholas, having received by way of imprest 960l. for providing and furnishing 64 horse for the service of his Majesty's garrison at the Castle of Carlisle, agrees with Sir William Uvedale to provide at his own proper costs and charges 64 horse able to serve in the wars, the same to be in readiness, together with horsemen well furnished, expert, and able to manage the said horses according to the discipline of war, at such day and place as his Majesty shall appoint. Nevertheless, it is intended that all armour required for these 64 horsemen shall be furnished to Sir Nicholas at his Majesty's charges. Sir Nicholas further covenants with Sir William that he will faithfully serve his Majesty during the time of this his employment there with the said number of horse, and will maintain that number complete and fit for that service. For the repayment of the 960l. advanced by the King for the present accommodation of this service, Sir Nicholas agrees that, out of the entertainment to be allowed by the King to him as captain of this troop of horse, his Majesty may defalk 12s. a day, and 3d. a day out of the wages or pay to be allowed to each soldier of his troop, these deductions to be continued until the 960l. shall be fully repaid to his Majesty. [Draft. 3 pp.]
Feb. 67. Memorial of such things as concern the garrison of Berwick requiring to be resolved. That a perfect list or establishment of the forces appointed for the garrison of Berwick may be settled and signed by his Majesty. [Margin: Granted.] That a sufficient supply of money may be seasonably advanced to the paymaster of the garrison, as well for payment of the forces in garrison, now consisting of 1,300 foot and four troops of horse, which amounts to 2,565l. monthly, as for defraying the charges of fortifications and other emergent occasions which may happen there. [Margin: To Payler.] That if Captain Lloyd, the engineer, be absent from the garrison, that then some other skilful person may be nominated and timely provided for carrying on the works. [Margin: Lloyd is to find another for that entertainment, he being sent from the King to execute that place in his absence.] That all such lands, houses, fishings, and other privileges which heretofore belonged to the government of that garrison, and were given for the better maintenance thereof, may now be restored. That the Lord Treasurer will be pleased to treat with the Lord-General concerning the return of his moneys in the north country. [1 p.]
[Feb.?] 68. Considerations concerning the Castle of Dumbarton in Scotland, which commands a sea town and the two rivers Clyde and Leven. That the castle, having a store of ammunition, will require to be furnished with more men and victuals. The place will commodiously contain 200 men, and a less number will not warrant it if an army should come before it, and in the meantime these men would keep their ill neighbours in some obedience, or do them harm as they shall see their occasion. It has now in it between 55 and 60 men; the rest must be supplied, as also victuals, arms, and clothes, the place being extremely cold. The last advertisement from thence desired more match, for these long nights the sentinels consume much, to prevent which, for the future 40 or 50 muskets with fire-locks would be of good use. If more men be sent, one is desired to be a gunner. There may be sent along with the men in the ship some deal boards, nails, and handmills. Lastly, there must be a settled provision for the payment of these men, or else little good can be expected from the common soldiers. These things being done in time, and with secrecy, may prevent the retaking of the castle, which in all likelihood, if things go ill, will be attempted. [1 p.]
Feb. 69. Docquets of the several grants of offices in the Royal Mint, extending from May 1596 to Feb. 1639-40, extracted from the Signet docquet books. [2½ pp.]
Feb. 70. Order made by the Lord Treasurer for the postponement of the hearing of the difference between the Surveyor-General of Customs and the merchants and seamen of Hull and Newcastle, appointed to be heard at the first sitting of the Board in February 1639-40. [Draft. ⅓ p.]
Feb. 71. Articles objected by the Commissioners for Causes Ecclesiastical against Richard Walker, clerk, charging him with schismatical preaching, thereby to bring his auditories into dislike with the present government of the Church of England. That on Friday the 7th of February he, preaching at St. Leonard's, Eastcheap, London, for Mr. Roburrow, did set forth the signs of decay of religion amongst us, contrasting the pitiable condition of England, where the light is hindered with fogs and mists of Pelagianism and other heresies, with the blessed condition of New England, where the truth breaks forth and shines. [2½ pp.]
Feb. 72. Thos. Alderne, sheriff of co. Hereford, to the Council. Having received the King's writ for levying 3,500l. ship-money, with your directions I proceeded at once to put the same in execution, but find the inhabitants of most parishes refuse to join with the constables in making the assessments; whereupon I endeavoured to procure the making of the same by the petty constables of each parish, assisted by the chief constables of the hundred, but this also has taken small effect. I have precepted the chief and petty constables to attach such of the petty constables as stand out in contempt and to bring them before me, to undergo such commands as I am required in your directions to lay upon them. I also required the chief constables to inform themselves of the estate of all persons in every parish within their respective hundreds, and to make the required assessments, which they have very readily performed, and I have returned the same with warrants to levy the money. No part, however, has as yet been received, the inhabitants returning answer that they have neither money nor means to raise money by reason of the low prices of corn and cattle; wherefore I have directed my warrants to distrain and sell their goods according to your commands, and expect the return thereof by the 25th inst. [Endorsed as received on 1st March. 1 p.]
[Feb.?] 73. A list of pay for an army consisting of 6,600 horse, to be distributed into 11 regiments, 1,000 dragoons in ten companies, and 14,400 foot in 12 regiments to be 1,200 in ten companies. The pay estimated by the month, the half being deducted from that of the Commander-in-Chief and others, amounts to a total of 45,480l. 8s. 7d., besides the pay of the train of artillery, 1,788l. 12s. 6d., making in all 47,269l. 1s. 1d. Endorsed, "An establishment drawn up according to his Excellency's establishment, deducting half pay, 1639." [1¼ p.]
[Feb.] 74. Similar list of pay, but estimated without deduction, and by the day as well as the month. Total, including train of artillery, 47,628l. 2s. 6d. per mensem. Endorsed, "Second establishment." [1 p.]