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Charles I - volume 516: March 1648

Pages 23-39

Calendar of State Papers Domestic: Charles I, 1648-9. Originally published by Her Majesty's Stationery Office, London, 1893.

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March 1648

March 1. Proceedings of the Committee of both Houses this day sitting at Derby House. Present: Earl of Manchester, Lords Saye and Wharton, Sir G. Gerard, Sir Wm. Armyne, and Mr. Pierrepont. Ordered,
1. To write to the Commissioners in Scotland, forwarding some bundles of the Declarations by the House of Peers last passed, to be by them presented to the Parliament of Scotland and to as many others as they shall think fit.
2. That order may be taken by the officers of Customs; that at all the Ports the transportation of men or forces into foreign parts be hindered.
3. That the letter now read to be sent abroad with the Ordinance for the Irish assessments be passed.
4. That a warrant be drafted for apprehending Capt. Payne to be brought before this Committee.
5. To write to the Sheriffs and Deputy Lieutenants of the respective counties to hinder the levying of forces by any under pretence of serving beyond seas, without a warrant from this Committee, to whom they are to certify.
6. Warrant for the apprehension of Capt. Payne, who is to be brought in custody before this Committee, dated March 2.
[Interregnum 9 E., pp. 29, 30.]
March 1.
Derby House.
Visct. Saye and Sele, in the name of the Committee of both Houses to the officers of Customs. Both Houses have passed the votes enclosed against levying, enlisting, mustering, and transporting of any forces for the service of any Foreign States, and have by their special order referred it to us to take care for the execution of it. In order to that of transportation, we have thought fit to send you these printed orders, and desire you to despatch them to all the several ports, where all customers, comptrollers, searchers, and other officers of the Ports and Customs are to take care that the orders of the Houses, so far as they concern the transportation of forces, be carefully and punctually observed. [Interregnum 24 E., pp. 16a, 16b. Copy=2/3 p.]
March 2.
Derby House.
Viscount Saye and Sele, in the name of the Committee of both Houses, to the Commissioners in Scotland. As you will see by the order enclosed, we are directed to send you the Declaration of both Houses concerning the papers of the Scotch Commissioners about disposing of the person of the King in England to be communicated to the Parliament of Scotland and the Convention of Estates there, which accordingly we have done. We have chosen to send it you printed in regard they printed theirs here. We have sent you four books signed by the Clerks of both Houses which you are to communicate from both Houses to the Parliament of Scotland and the Convention of Estates there. We have sent you in all 100 [copies of the Declaration] to dispose of as you think fit. [Interregnum 24 E., p. 16b. Copy. 2/3 p.]
March 4. 19. Account delivered in by the workmen upon view of the parish church of St. Swithin's [in the City of London to Glascoke Butley]. Total for work done 1,143l. 1s. 8d. [⅓ p.]
March 4. Proceedings at the Committee of both Houses this day sitting at Derby House. Present: Earl of Manchester, Sir H. Vane [senr.], Sir G. Gerard, Sir Wm. Armyne, Lieut.-Genl. Cromwell, and Mr. Pierrepont. Ordered,
1. To write to the Commissioners in Scotland a letter to go along with this Declaration in the same kind as there was one for the last.
2. Letter to be sent to Col. Rainsborough to send a ship into Milford Haven to assist in the taking of Pembroke Castle, if there be need of force.
3. That the petition of Major-Genl. Langhorne be reported to the House of Commons.
4. That Col. Rooksby shall not have leave to carry any forces out of this kingdom.
5. That it be reported to both Houses that whereas the business of the reduction of Jersey is referred to this Committee and that many of that island have very long attended the solicitation of that work and are in very great want, that the House of Commons will pass an Ordinance for their relief during their attendance here.
[Interregnum 9 E., pp. 30, 31.]
March 4.
Derby House.
Edw. Earl of Manchester, in the name of the Committee of both Houses to Col. [Thos.] Rainsborough. The Castle of Pembroke is held by Col. Poyer against the Parliament, he having refused to yield the same up upon the command of Sir Thos. Fairfax sent to him for that purpose. The Houses have thereupon this day passed an Ordinance that if he yield not up the Castle within 12 hours after summons, he is to be declared a traitor and the Castle to be reduced by force, for the better effecting whereof in case he should not obey, we desire you to cause a ship to ride in Milford Haven as near the Castle as conveniently she may, with order to the commander to assist in the work by furnishing ammunition, pieces for battery or anything else in his power if there shall be need of employing force to reduce it. [Interregnum 24 E., p. 17. Copy. 2/3 p.]
March 4.
Derby House.
The same to the customer, comptroller, and searcher of Southampton, or of any other port on the South Coast. Whereas both Houses have passed an Order forbidding the transportation of any soldiers or forces out of this kingdom without the special licence of this Committee which we conceive you have before this received from the Commissioners of the Customs, and whereas we are now informed that Col. John Humfrey had obtained leave from the General to transport a regiment of foot into France, which were already come to the seaside, before he had notice of this Order, and 500 of them already shipped if not stayed by this Order. We therefore desire you not to hinder Col. Humfrey from transporting this regiment into France according to the General's leave. [Ibid., pp. 17, 18. Copy. 2/3 p.]
[March 5.]
[Derby House.]
Edward, Earl of Manchester, in the name of the committee of both Houses to the Sheriffs of the several counties under named. Both Houses have passed the votes enclosed against levying, listing, mustering, or transporting of any forces for Foreign Service and have appointed us to direct and order the same to be published by beat of drum and sound of trumpet. We have therefore sent you these enclosed copies, which you are to cause to be published accordingly in such places of your county as you shall judge fittest for giving the most public and general notice of it and afterwards cause it to be affixed in the most eminent and public places for the ends aforesaid. Underwritten,
Delivered to Kent by Mr. Binding, to Sussex, Surrey, and Hants, by Mr. Durant, to Middlesex, Herts., Beds., Bucks., Northampton, Warwick, Stafford, Salop, Cheshire, Lancaster, and Coventry by Mr. Butler, to Oxford by Mr. Priestley, to Dorset, Wilts, Somerset, Devon, and Cornwall by Mr. Bulmer. [Interregnum 24 E., pp. 18, 19. Copy. ½ p.]
[March 5.] The like letter to the four Committees of Militia, but instead of the words "in such places of your county as you shall judge fittest" read "in all places of your jurisdiction. [Ibid.]
March 6.
Goldsmiths' Hall.
20. Order by the Commissioners for compounding with delinquents that their treasurers shall not divert monies returned from the counties in arrear on the first Scottish loans, or the two Four Months' assessments, to other use than the payment of the 50,000l. according to the Parliament's Order of 13 Jan. 1646–47, which they are to pay before any sum charged by Order of Parlt. on delinquents' compositions, unless such Order bear date before the 13th Jan. 1646–47.
March 7.
Derby House.
The Committee of both Houses to the captain and commander of any of the Parliament's ships in the Severn or in Milford Haven. Col. Poyer having refused to deliver up Pembroke Castle according to Sir Thos. Fairfax's order, the Parliament has passed an Ordinance declaring that if he do not deliver it up within 12 hours after it shall be again demanded he is to be declared a traitor and the place to be reduced by force. You are required to give all the assistance you can to any officer appointed to that service by Sir Thos. by supplying men, ammunition, and guns if they be required for that work; for which purpose you are to cause some of the Parliament's ships to ride as near the Castle as conveniently may be. [Interregnum 24 E., p. 20. Copy. 2/3 p.]
March 7. Proceedings at the Committee of both Houses this day sitting at Derby House. Present: Lord Wharton, Sir H. Vane [senr.], Sir Wm. Armyne, Sir J. Evelyn, Lieut.-Genl. Cromwell, and Mr. Pierrepont. Ordered,
1. That the letter of Lieut.-Col. Jubbes to Lieut.-Genl. Cromwell with the printed paper enclosed be sent to Sir Thos. Fairfax by the Lieut.General and the General be desired to prevent any inconvenience that may come thereby.
2. That Prouce a messenger to the Committee of the Navy be summoned to be here to-morrow at 3 p.m.
[Interregnum 9 E., p. 31.]
March 7.
Edinburgh.
Newsletter by William Rosse from Edinburgh. The Convention of the Estates of Scotland were very busy on Tuesday 20th February in preparing their transactions to be in a readiness to present to the Parliament. There came then an alarm hither, that the English Army was marching to invade Scotland, which put the inhabitants into a great fear. The Commissioners of the Kirk were then very serious for the despatch of the Declaration. Wednesday the 1st of March, great preparations were making for the parliament's sitting down the next day. Thursday, March the 2nd, the parliament sat; many set speeches made concerning their President; the Lord Chancellor Loudoun, the Earl Cassilis, the Lord Balmerino, and the Lord Burleigh were nominated; but the Lord Chancellor Loudoun is chosen Lord President. Many new lords made to sit in parliament, Sir William Cockram, Sir John Sanderson, and Sir John Hamilton of Burlington, and others, as peers. Friday, the 3rd of March, the members of the parliament being called were in many places chosen double. Saturday, March 4, was spent about the debates and resolutions concerning the counties and boroughs, many of which are to choose again by reason of false elections. The Earl of Nottingham and the other Commissioners presented papers to the Lord President, to be communicated to the parliament, to take their former papers into consideration. Mr. Marshall on the Lord's day, March 5, preached at Mr. Gillespie's church and had a very great audience, his sermon was seasonable, and we all hope it will do good; the good ministers here do daily press the maintenance of the conjunction between the two kingdoms, as the interest of all honest men binds them to do, and indeed they speak plainly, and as men that are sensible of their present condition. The English Commissioners daily and hourly wait to see what conclusion they shall receive from the Scots' parliament. The Provost of Edinburgh received information that some English in companies came in and entered the borders of Scotland about Carlisle side. And that they were come up as far as Hagewich and Seterick [Hawick and Etterick] which is within 25 or 26 miles of this place. Yesterday, Monday, the 6th of March, the Parliament were advertised that a great number of English Cavaliers, and Malignants of Scotland joining with them underhand, were come into the frontier counties, amongst whom Captain Hall, Captain Wogan, and others, are said to be chief. They are increased to between two and three hundred horse, with some foot, and report that thousands more are coming; whereupon the Scots are making ready for their defence, and some regiments are to march towards the Borders to prevent danger from Malignants. Here is some talk that this Parliament will not sit many weeks, they sit at present very close. On the Lord's day night last there came above 70 horsemen with a small number of foot to Carlisle and with ladders scaled the walls, entered the castle, broke open the gaol and released the Moss-troopers and other prisoners, wounded the gaoler, and all marched together into Scotland. The Church has finished the Declaration, concerning which they have moved the Parliament for peace. Those that possessed Carlisle, gave out themselves to be Sir Thos. Fairfax' men, until they were passed, and then they declared that they were for the king. Here is much vieing by some for a war with England, by the King's party, but I hope they will not prevail. The Parliament of England's last Declaration did much good here amongst some honest-minded men. This last night came in a packet with Declarations, which will be delivered to-morrow to the Parliament. This night we hear the Earl of Stamford will come in; Mr. Stapleton is not yet come. [Perfect Occurrences (New Series), No. 63, Newspaper Collection I.]
March 8. Proceedings at the Committee of both Houses sitting at Derby House. Earls of Northumberland, Warwick, and Manchester, Sir Wm. Armyne, Sir G. Gerard, and Mr. Pierrepont. Ordered,
1. That a letter be written to the inhabitants of Finchley informing them that this Committee did agree with Lieut.-Col. Weston for a regiment, but upon condition that he should not exact free quarter in his march nor in his Quarters; and so if any should again take free quarter or otherwise misbehave they may carry them before the Justice of the Peace and have them committed to answer according to law.
2. To write to the commander of the ships in Milford Haven to give assistance to the forces for reducing Pembroke Castle by [loan of] guns, men, ammunition, &c.
3. That liberty be granted to Col. Kempston and Captain Masters to transport as many men as they have now ready at the waterside upon condition of their being engaged for transporting of them before the prohibition. This is granted in regard they had formerly served the Parliament here.
4. That Col. Rooksby may have the like liberty.
5. That the messenger Prouse, having departed before the Committee rose, be required to be here again to-morrow at 4 p.m.
[Interregnum 9 E., p. 32.]
March 8.
Derby House.
Algernon, Earl of Northumberland, in the name of the Committee of both Houses to the Officers of Customs for the Port of Dover. The Houses having passed an order that no forces should be transported to any Foreign parts, without special license of this Committee; we desire you to take notice that we have licensed Col. Kempson and his officers to transport themselves and the 300 men who were levied before the issue of the said order, and are now near the water side, into France, from any of your ports. [Interregnum, 24 E., pp. 20, 21. Copy. 2/3 p.]
March 8.
Derby House.
The same to Sir [Richard] Allen and the rest of the inhabitants of Finchley, Niddlesex. We are informed that certain soldiers of the regiment under Lieut.-Col. Weston, now to be sent to Col. Monk in Ireland, do exact and take free-quarter of the country in their passage towards Liverpool, contrary to the conditions of their agreement. He has no authority either from this Committee or any other to take any free-quarter, and therefore you may refuse the same and defend yourselves against any of this force. We shall do our best to search out those who have already miscarried themselves and have them punished. If any of them shall exact quarter or offer any force or commit the like outrages, you are to apprehend them and carry them before the justice to be committed to prison and proceeded against according to the nature of the offence. [Ibid., pp. 21, 22. Copy. 2/3 p.]
March 11. 21. Order of the House of Commons. That this House doth declare that the Committee of Accounts for this kingdom, their sub-committees and officers are within the first Ordinance of Indemnity for all matters, done according to the several Ordinances passed for the accounts of the kingdom, and that it be especially recommended to the Committee of Indemnity to relieve them therein accordingly. [Printed in Commons' Journals v., p. 492. Copy. ½ p.]
March 13.
South Wraxall.
22. John Long to Col. Edw. Ludlow in Holborn. True thanks from your unfeigned friend. I hear of a northern vapour, I mean a wind which seems to threaten a persecution. Brave Christian and Wiltshire's honoured servant fear not, they can but kill the body. Be pleased if there be occasion to give me timely notice. The antiquity and honour of my family I value much, but not comparably with the Christian honour which obliges me to suffer affliction with the people of God. [Seal with arms. 1 p.]
March 13.
Derby House.
The Committee of both Houses to Col. Hammond. We have received information that there are now some designs in agitation concerning the King's escape, who is to be carried into France, and that there are two of those [persons] who now attend the King upon whom they rely for effecting this escape. Who these are we cannot discover, nor yet what grounds they have to expect their service in it; yet we thought fit to give you this advertisement that you might the more carefully watch against it. [Interregnum 24 E., p. 22. Copy. ⅓ p.]
March 13. Proceedings at the Committee of both Houses sitting at Derby House. Present: Earl of Northumberland, Lord Wharton, Sir Wm. Armyne, Sir J. Evelyn, and Messrs. Pierrepont and Fiennes. Ordered,
1. That the Declarations of the Houses in answer to the Scots' Papers upon the late Address to the King be sent into Scotland after the same manner as the former Declarations were, viz., that four of them be signed by the clerks of both Houses to be made use of as the order of the Houses doth direct, that a hundred be sent in all, the rest to be disposed of by the Commissioners there as they shall think fit.
2. That this Declaration be translated into Latin by Dr. Dorislaus and into French by M. Rosee.
3. That Mr. Weckherlin be desired to translate the former Declaration into Latin and M. D'Espagne into French.
4. That a warrant be issued for apprehending one Gwynn.
5. That the instructions now read to be sent to the Commissioners in Scotland concerning Captain Wogan's march thither with his troop be reported to both Houses, together with a copy of General Fairfax's letter to this Committee.
6. To send Col. Hammond notice of designs for the King's escape, which they hope to effect by the help of two persons who are about him, but who these are we know not; but we desire the Colonel to be careful.
7. Instructions for the Commissioners of England residing with the Parliament of Scotland.
[These Instructions which are here given at full are printed in the Lords' Journals x., p. 120. Interregnum 9 E., pp. 33, 34.]
March 14. Proceedings at the Committee of both Houses sitting at Derby House. Present: Lord Wharton, Sir Wm. Armyne, Mr. Solicitor St. John, Lieut.-Genl. Cromwell, and Messrs. Pierrepont and Fiennes.
1. That Lieut.-Genl. Cromwell do acquaint the General with the condition of Col. Hammond, and that it be left to him to do what he thinks fit therein.
2. Warrant for apprehending Mrs. Winter and her daughter to be signed.
3. Warrant to the officers of the Ports and Customs to suffer Col. Sir Herbert Lunsford to transport into France the 150 men he has already enlisted at Erith, provided that it be done within ten days after the date hereof; this is in accordance with the Order of 29 Feb. last, by which the Houses prohibit any person to list or transport any soldiers or forces for the service of any Prince or State, without the special licence of this Committee.
4. The like warrant for 160 men at Yarmouth [to be transported] within 20 days.
5. The like for 100 men at Weymouth [to be transported] within 20 days.
6. The like warrant for Col. Thos. Rooksby.—In the East Riding of Yorkshire to be shipped at Bridlington 200 men in 20 days, at Gravesend 200 men in 10 days, at Dover 100 men in 10 days, at Plymouth 150 men in 20 days.
[Interregnum 9 E., pp. 36, 37.]
March 14.
Derby House.
The Committee of both Houses to the Commissioners [from the Parliament] in Scotland. By the order of both Houses, enclosed, we are directed to send you the declaration of the Houses concerning the Scotch Commissioners' papers touching the four Bills and Propositions presented to the King in the Isle of Wight, which accordingly we have done. We have sent you four books signed by the Clerks of both Houses to be made use of for the same ends as the declaration before sent you. We have sent you in all 100 copies, and the rest you may dispose of as you think fit. [Interregnum 24 E., pp. 22, 23. Copy. 2/3 p.]
March 14.
Derby House.
The same to cos. Lancaster, Westmorland, Cumberland, and Northumberland. We are informed that Captain Wogan has lately marched with a troop of horse through Lancashire toward the north, pretending an order from Sir Thos. Fairfax for so doing, whereas the General has given no such order, and other troops are reported to march that way. We desire you to take care that no such forces may march into or through your county without the order of this Committee, of the General, Col. Lambert, or the Governor of Newcastle, under their hands and seals. If any shall attempt to do otherwise you are desired to resist them and hinder their passage, securing the persons of the officers, that they may answer for their offence, and the horses and arms of the troopers for the use of the State. [Ibid., p. 23. Copy. 2/3 p.]
March 15. Proceedings at the Committee of both Houses sitting at Derby House. Present: Lord Wharton, Sir H. Vane, Sir Wm. Armyne, Sir A. Haselrigg, Lieut.-Genl. Cromwell, and Mr. Pierrepont. Ordered,
1. Warrant for apprehending Captain Stanley and bringing him before this Committee.
[Interregnum 9 E., p. 38.]
March 16. 23. Petition of John Langley, late trooper, to the Committee of Lords and Commons for his Excellency Sir Thos. Fairfax's army. Was wounded at the battle of Naseby, and is now in great misery, having only his pension of 2s. per week, which is not sufficient to relieve him, so that he is in danger of imprisonment, where he must end his days unless relieved by payment of his arrears amounting to 24l. Desperate condition of his father by reason of his attachment to the cause of the Parliament. Prays the Commissioners to grant him part of his arrears. Underwritten,
23. i. The petitioner is in pay at Christchurch. [1 p.]
March 16.
Derby House.
Philip Lord Wharton, in the name of the Committee of both Houses, to Col. Hammond. We have received your letter with the note enclosed. And as to the 500 men you desire to draw over upon occasion out of the nearest forces, the General has given order therein to Col. Ewer, and a warrant is signed for 600l. by the Committee of the Army to be paid to you. We have likewise spoken with some of the Committee of the Revenue, and they have signed a warrant for 1,000l. to be paid upon the order of 30l. a day, and by the discourse we have had it is conceived there will be means for the entertainment of the 200 men, for it is conceived that 10l. a day will furnish the charge of the King's table, and the pay for 200 men with their officers in two companies comes to 9l. more, and 30s. a day being allowed for your own table there will remain 9l. 10s. per diem for extraordinary occasions, which sum it is conceived may be sufficient for that purpose; but if there be a mistake in the computation we desire you to give information of it to those to whom it most properly belongs. As for the allowance you desire to be given to the four gentlemen your letter spoke of, although it be not the business of this Committee, yet if you send their names and the amounts desired we will represent the matter to those whom it concerns. For the victualling of the castle [of Carisbrook] and Sandham Fort we will make report thereof to the Houses. Sent by Mr. Pidcock. [Interregnum 24 E., p. 24. Copy. 1 p.]
March 18. 24. Informations submitted to the Committee for Benefices, touching the administration of the cure of Claverton, Somerset. Opposition of Alderman Thos. Bigg to Mr. Sugden, clerk of Claverton. Arrest of Wm. Fisher, churchwarden. Letter of Wm. Prynne and Richd. Cole for enforcement of the payment of tithes according to agreement made by the parishioners of Claverton with Mr. Chambers, 1 March 1647–48. Letter of Wm. Prynne to the churchwardens of Claverton; that the Rev. Edw. Sugden had made complaint to him that he, having officiated the cure for 1½ years there were arrears due to him which, by agreement, ought to be paid by the churchwardens, but which he was unable to obtain. These are therefore to require you as churchwardens to satisfy the said arrears or else personally to appear before me to-morrow at Alderman Bigg's house at Bath to show cause to me and the other justices why these are not satisfied according to the late Ordinance of Parliament in that case provided, 28 Feb. 1647–48. Complaint of Wm. Fisher, the churchwarden, that because he refused to pay the whole contribution for the parsonage, the tithes being not paid, 21 soldiers entered his house by force, ate and drank to the value of 40s., and beat his wife out of doors. [3 pp.]
March 18. Articles presented by the inhabitants of the parish of Kilton, co. Somerset, to George Luttrell and Charles Stenning, J.P.s for that county. Represent that they are daily molested and threatened by John Sheppard or Shepheard of that parish, insomuch that they cannot quietly follow their business, wherefore they do present to you these few articles of his misdemeanours, beseeching you to deal with him as to justice appertaineth. In primis he has causelessly troubled your worships in craving your warrants against diverse of us which he refuses to deliver to the tithingman to be executed, that we might hear and answer his objections and let your worships see his wrong information. He has often times been accused and imprisoned for sheep stealing and other thefts, and yet continues as may be proved a notorious thief. While a pretended soldier he brought with him a company of plunderers to our parish, who, in the night violently broke open men's doors, abused and cut the owners and plundered their houses, and committed sacrilege in a parish church. He greatly affrighteth some of us, giving forth speeches that he will not leave some of us worth a groat or with a house wherein to put our heads. For the space of one whole summer, whilst he should have been in the Parliament's service, he lay in the furze, living upon robbery and theft, beating and abusing some of his neighbours. Since the beginning of the late war he listed himself under divers captains of the King's party, committing in the country grievous outrages, changing from one company to another in order to escape hanging. He desperately wounded with his carbine one of the Parliament's soldiers passing by his house. Diverse times he sells beer and ale in his house and keeps the company drinking and carding in time of divine service upon the Sabbath days. He is a most notorious profaner of the Lord's Day, in the forenoon he is for the most part absent from his parish church, and in afternoon he spends in gamestering, enticing and tempting our children and servants thereunto, whom he presents with bowls, balls, or cudgels, which he keeps in readiness for that purpose. Now, for the better reformation of his life and our greater security and quiet, we earnestly pray your worships to take into your good and godly consideration the premises, and to show us your lawful favour herein. Fifteen signatures of parishioners. This is a true copy of the articles which were presented unto us, for the truth of which five of the men above named were sworn before us at Dunster, the 2nd of Feb. 1647[–8]. Certified copy of the articles, 18 March 1647[–8]. [Interregnum 102 G., pp. 267, 268.] Annexed,
i. Warrant signed by George Trevelyan, Esq., and addressed to the keeper of his Majesty's gaol for co. Somerset, or to his deputy there at Ivelchester [Ilchester]. Whereas John Shepheard or Sheppard, of Kilton, in the said county, bailiff, was brought before me and accused by diverse persons for many foul misdemeanours, and being required to enter into recognisance with sufficient securities to his Majesty's use for his personal appearance at the next general sessions of the peace, and in the meantime to be of good behaviour, has refused to do the same, therefor I have committed him to your gaol to be safely kept till he be delivered thence according to the law of this realm. Nettlecombe, 1 March 1642[–3]. [Certified copy. Ibid., p. 264.]
ii. Warrant signed by George Luttrell and Chas. Staynings [Stenning], Justices of the Peace for co. Somerset, and addressed to the Constable of the Hundred of Williton and Freemanners, or other constables and tithingmen within the said county for due execution thereof. Having received information upon oath by diverse of the chief inhabitants of Kilton that John Sheppard is a person of most infamous and notorious life, these are to require you to attach his body and cause him to be brought before us, that he may put in bail to appear at the next general assizes for the county, and in the meanwhile to be of good behaviour. If he shall refuse so to do then you are immediately, without expecting any further warrant, to convey him to the common gaol, there to remain until he shall willingly do the same. Dunster, 17 Feb. 1647[–8]. [Ibid., p. 265.]
iii. The like warrant signed by George Luttrell, Esq., J. P., and addressed to the keeper of his Majesty's gaol at Ilchester, or his deputy, to be duly executed. You are to receive into your custody the body of John Sheppard, of Kilton, labourer, until he shall find sufficient bail to appear at the next general sessions, and in the meantime to keep the peace towards our Sovereign Lord the King. 18 Feb. 1647[–8]. [Ibid., p. 262.]
[March 18.] A charge of high misdemeanours and delinquency against John Sheppard, of Kilton, co. Somerset. He was a soldier under Major Bates in the King's army, as also under Dowthwaite, of Bridgewater, when he committed many outrages, and robbed Mr. Symonds, the constable of the hundred of Wembdon. He has been a stealer of sheep, cattle, and other goods. The said John Sheppard makes it a constant practice to go to diverse poor countrymen and forces them to give him money, or else he tells them he will swear against them and sequester them, of which I informed Col. Edw. Ceely, one of the late Committee, averring it to be dishonourable to the Parliament for such fellows' depositions to be taken. To which the Colonel replied, he knew it to be true, and that never more he should be received as a testimony, yet he is made use of again against me, there being none of credit to be found can blemish [me]. Signed Ben. Mason. [Ibid., p. 269. Attested Copy. 1 p.]
March 22. Proceedings at the Committee of both Houses sitting at Derby House. Present: Earl of Northumberland, Sir Wm. Armyne, Sir G. Gerard, Sir J. Evelyn, Lieut.-General Cromwell, and Mr. Wallop. Ordered,
1. That Sir J. Evelyn be desired to report the petition of Mr. Richd. Willis to the House.
2. That Mr. Thos. Winn be summoned to appear before this Committee to-morrow.
3. The letters for my Lord Fairfax and for Carnarvonshire to be sent.
4. That the whole state of the saltpetre business be reported to the Houses, and that a draft be prepared to be passed by this Committee.
[Interregnum 9 E., p. 39.]
March 22. 25. Ordinance of Lords and Commons for payment of 1,000l. to Richard Wilcox, auditor, by the Committee for Advauce of Money sitting at Haberdashers' Hall, out of the treasury there, in course, or else out of concealed or detained estates not yet sequestered upon discovery being made of the same. And for the better encouragement it is hereby ordered that this Committee shall pay to the discoverer one moiety of such estate, provided it be paid towards the satisfaction of a just debt due to the discoverer by Parliament. [Printed in Lords' Journals x., p. 131. 1 p.] Subjoined,
25. i. Questions as to the carrying out of this Order:—Whether this Committee can reach estates in goods, debts, and rents, in any county, or how far is their power therein? Whether it can compel witnesses to come to London for examination? Whether the County Committees or the Committee of Sequestrations at London will not interrupt the Commissioners at Haberdashers' Hall in their proceedings to sequester debts and rents within their power, and so defeat the expectation of Mr. Wilcox and the discoverer? What allowance will this Committee allow out of money and estate discovered above 2,000l., i.e., after Mr. Wilcox and the discoverer of such estate are satisfied?p.]
March 22. Order of Parliament this day. There is a debt of 1,000l. owing by John Earl Rivers to Sir Arthur Haselrigg, Bart., for the recovery whereof Sir Arthur has obtained a judgment at law against the Earl's estate which is now under sequestration for his delinquency. It is ordered by the Lords and Commons that the Earl's estate under sequestration shall be liable to the said judgment and the proceedings thereon according to the course of law, notwithstanding the sequestration, and the Committees and others concerned in the several counties where the Earl's estate lies are hereby required to take notice of this order and yield ready obedience hereunto. [Interregnum 208 G., p. 196. Copy. 1 p.]
[March 22 ?] Petition of John Earl Rivers to the Committee for Compounding at Goldsmiths' Hall. That upon the rendition of Halton Castle in co. Chester petitioner's household goods remaining in that castle were to be preserved until he had made a composition, as by the Articles annexed may appear. That he is in actual prosecution of his composition, and has inserted in his particular delivered in to this Committee the said household goods then remaining in the castle, valued at 1,200l. That since the putting in of his particular these goods are either sold or delivered to be sold to Wm. Bridges and Queltch, brokers in Long Lane, who are upon the selling of them this afternoon. Prays that by order of this Committee the sale of these goods may be stayed, and a particular of them returned to this Committee. Underwritten,
That Wm. Ridges [Bridges] be required not to sell the Lord Rivers' goods, bought lately of Col. Brooke or his brother, till this Committee be satisfied that they are not in his particular long since put into this Committee to compound for as is alleged. [Ibid., p. 198.]
March 22.
Derby House.
The Earl of Northumberland in the name of the Committee of both Houses to the Lord General [Fairfax]. Upon former notice that Pembroke Castle was held by one [Col.] Poyer against the Parliament; it was ordered by both Houses that he should be summoned to deliver it up, and if he did not within 12 hours after summons the place was to be reduced by force and he proceeded against as a traitor. We understand from Captain Fleming's letters that the summons has been made, but instead of surrendering the place he stands out capitulating, and has both battered the town and wounded many of the soldiers appointed to receive the castle. We conceive the thing to be of very ill example and of dangerous consequence, and that if there be not a speedy and effectual course taken with him it may be a great inducement to others to attempt the like, and much prejudice the public service as affairs now stand. We therefore desire you to give order to sufficient forces for the present reduction of that place, and also for the disbanding of those forces in South Wales which have hitherto refused, and which if they so continue may form the nucleus of a force which may prove in short time of much danger to the kingdom and of greater difficulty to break up. We therefore recommend the reducing of that place and disbanding of those forces to your most effectual care. [Interregnum 24 E., p. 25, Copy. 1 p.]
March 22.
Derby House.
The same to the Justices of Peace in cos. Anglesey and Carnarvon. By some letters and examinations that have been taken in your county we learn there has been a design to seize the post-bark at Holyhead and to carry it to the rebels in Wexford, in which design Sir Thos. Chedly [Cheadle], Bradshaw, Parry, and Davies have been implicated. You are to secure these persons and examine into the whole business, that we may give you further orders. You are desired to use the greater care and diligence herein that others may be discouraged from attempting the like. [Ibid., p. 26. Copy. ½ p.]
March 23. Proceedings at the Committee of both Houses sitting at Derby House. Present: Earl of Northumberland, Sir Wm. Armyne, Sir A. Haselrigg, Sir H. Vane, junr., Sir H. Vane, senr., Sir J. Evelyn, and Lieut.-Genl. Cromwell. Ordered,
1. That the report now read in reference to the business of saltpetre be reported to both Houses.
2. That Mr. Robt. Cordewell shall have the same proportion of English saltpetre to be converted into gunpowder that his brother Samuel Cordewell formerly had, viz., two third parts.
3. That the letter to General [Fairfax] concerning the business of Dorsetshire be signed and sent.
4. To write to Solomon Smith, Marshal of the Admiralty, to set at liberty certain soldiers that are put aboard to be carried into France.
5. Warrant to be issued to apprehend Captains Aston and Bradley, who had so taken away these soldiers.
6. Warrant for apprehending Captains Aston and Bradley, and to bring them before this Committee.
7. That it be reported to both Houses,—That the Committee of Lords and Commons that were of the Committee of both kingdoms did in pursuance of an Ordinance of Parliament of 7 Feb. 1645–46 give commission to several persons for making saltpetre, and contracted with them for furnishing about 12,000l. per annum worth to Mr. Cordewell and Mr. Beresford to convert the same into gunpowder and pay the makers of the saltpetre. That the said powdermakers did for a time take and pay for the saltpetre; but there not being then any provision of money for taking their powder into the public stores, they could not receive and pay for the petre according to their agreement, whereby the saltpetre makers had much petre left upon their hands and were forced to discontinue working. That there was then 12,000l. appointed to be paid upon the Excise, but as this was only for one year these payments were so far anticipated that money could not be procured upon it for carrying on this work, whereby many were ruined and undone by this their employment. That this Committee is informed that now since the setting out of the summer fleet and storing of Portsmouth, the stores of ammunition in the Tower of London and at Hull are not so furnished as they ought to be, and that it is necessary some present course should be taken to supply them. That it is of very great danger to the kingdom that we should depend for powder and petre upon the pleasure of foreign States, which might at any time prohibit the exportation thereof, and even when suffered the merchants seeing an absolute dependence upon them for these commodities would be tempted to raise the prices at their pleasure and put the State to excessive charge and great inconvenience to make their necessary provisions. That upon consideration of the whole and of the present state of affairs, this Committee is of opinion that, besides the money assigned out of the Excise, 2,000l. is required to take off the saltpetre in hand and start the saltpetre works; and that there should be 16,000l. per annum appointed for that service to be paid monthly for the constant carrying on the works, and any surplus to be employed in making further provision of gunpowder for the public stores.
[Interregnum 9 E., pp. 39–41.]
March 23.
Derby House.
The Earl of Northumberland in the name of the Committee of both Houses to Solomon Smith. The Committee of the Admiralty not now sitting, we are to give you some directions in the case of certain soldiers put aboard a ship in the Thames to be transported into France. You are required to set these men at liberty, and to assist the messenger of this Committee in apprehending Captains Aston and Bradley. [Interregnum 24 E., p. 26. Cpy. ½ p.]
March 23.
Derby House.
The same to the Lord General [Fairfax]. By the enclosed you will be informed of the dangerous miscarriage of some persons in Dorsetshire, and of an insurrection of the people about Blandford to hinder the execution of justice, which we conceive to be a high affront to the authority of Parliament, and of dangerous consequence in the example, if not speedily suppressed. We have written to the Committee [of Safety] for the county to take care that the persons named may be apprehended and sent up in safe custody. That they may be the better enabled hereto you are desired to give order to such of your forces as are in those parts to assist in the execution thereof, so that it may not be in the power of the people either to resist or make rescue. Send your orders herein to this Committee, that we may send them with our directions about this affair to the Committee of Dorsetshire, that so they may know to whom to apply for assistance. [Ibid., p. 27. Copy. 2/3 p.]
March 25.
Derby House.
The Committee of both Houses to the Committee of Dorsetshire. We have been informed of the miscarriage of Wake, a pretended minister, and others about Blandford, and of an insurrection there to hinder the execution of a warrant, and the actual rescue of Wake. We conceive this to be a very ill example, and may be of dangerous consequence if steps be not taken to punish those who with so much boldness have affronted the authority of Parliament, and set themselves to oppose the execution of justice. For the better preservation of the peace of your county, and the discouragement of like attempts at insurrection, we desire you that these persons, Wm. Wake, Major Underwood, and others named, who have been active in this affair, and some of whom were of the King's party dwelling about Blandford, may be arrested so as to be proceeded against according to their demerits. To put it out of the power of any disaffected there to oppose or resist the execution of these orders, we have desired the Lord [General] Fairfax to give order to his horse and foot in those parts to assist you. We recommend this business to your effectual care as the ill influence thereof may extend beyond your county, of which we doubt not you are very sensible. [Interregnum 24 E., pp. 27, 28. Copy. 1 p.]
March 26. 26. Certificate by Rowland Jenkes, acknowledging the receipt of 2,195l., and specifying how the same was disbursed by him. Dorso,
Mem. [by Col. Kempston].—I received my bill of exchange of M. Lemons, merchant in Calais upon Mr. Francis Ladwicke, merchant in Botolph-lane, London, for 230l. [Strip of paper.]
March 26.
Carisbrook Castle, I. W.
Intelligence by I. L. from the Isle of Wight. His Majesty daily walks about the castle, and into the garden, and is very pleasant. Here was a suspicion that his Majesty had received letters out of France, but of that I am uncertain, only this you may receive for a truth, that one hath confessed that there was a design to carry away the King, which Colonel Hammond has examined, and found out two of the actors in the business, who are now in custody. The King expresses a delight in discoursing with the Governor, Col. Hammond, and saith, he shall shortly hear from his two Houses of Parliament or some others, notwithstanding the late votes to the contrary. Good store of shipping ride in this Road. Men hear of some distractions and tumults in Wales, and much fear the West. The Lord conclude all distempers in a happy peace. [Perfect Occurrences (New Series), No. 64. Newspaper Collection I.]
March 26. Proceedings at the Committee at Derby House this day. No Committee appears to have sat, but two warrants were signed by the Earl of Northumberland, viz.:
1. Warrant to Capt. Wm. Swan and others to apprehend Walter Brame or any others whom you may hear to have had any hand in the design against Dover Castle, and send them with their papers before this Committee in safe custody.
2. The like warrant to any of the messengers at Derby House, to apprehend the person of Hudson alias Johnstone, and bring him in custody before this Committee.
[Interregnum 9 E., pp. 42, 43.]
March 31.
Queen-st.
Sir Thos. Fairfax to Speaker Lenthall. I recommended to you long since the case of Col. Edgecumbe, Mr. Scawen, his Lieut.-Col., and Mr. Richard Edgecumbe, his major, upon my engagement and treaty with them at their laying down of arms, which being done in so seasonable a time I did then desire might be looked on with more than an ordinary eye of favour. I had before given an assurance to Mr. Edgecumbe of my mediation to the Parliament, not only for the immunity of his person and estate, but for some mark of favour in case the said treaty were performed by him. And Mr. Peters, who was afterwards employed by me to him did likewise undertake for what was promised before by me to Mr. Edgecumbe, and also for the like freedom to Lieut.-Col. Scawen and Major Edgecumbe, with further assurance for an effectual endeavour for his, and his officers, and soldiers' exemption from question and trouble for anything done by him or them in relation to the war. But having understood by them that they have not found that effectual favour which they might expect according to my engagement, and lest the business was misunderstood, I desire humbly to present in their behalf that the strictness of time at their coming in would not admit of a formal capitulation to be comprised in Articles. That yet nevertheless my particular engagement to them is as great. That the treaty was fully and seasonably performed on their parts, and that accordingly I received the fruits thereof. And therefore I make it my humble suit that if you will not please to give them a total immunity for their estates in their compositions according to my undertaking with them, yet that the moiety of their fines which is yet unpaid may be remitted to them and that they and their officers and soldiers may have an indemnity for anything said or done by them relating to the late war that so I may not come altogether short in my undertaking towards them. [Interregnum G. 199, p. 421, also pp. 413 and 415. 1 p.]
March 31. 27. Order of Lords and Commons. That Sir Arthur Haselrigg, Governor of Newcastle, and Mr. George Fenwick be added to all Committees and Commissioners of Sequestration for the counties and places within the four northern cos. [Printed in Lords' Journals x., 167. Copy. ½ p.]
March 31. Warrant of Henry, Earl of Holland, Chief Justice of Forests, &c. Upon complaint by the keepers of New Lodge walk in Windsor Forest of the great and wilful destruction during the late troubles of the game of all sorts, as also of the wood, I have thought necessary to desire and authorize my worthy friend Peregrine Hobbey, Esq., being a neighbour to those parts of the forest, in my stead to receive the complaints of the keepers, and to summon before him the offenders that they may be punished according to law. [Vol. ccclxxxiv., p. 140. Copy. 1¼ p.]
[March.] 28. Petition of Jasper Mayne, D.D., to the King. For the canonry of Christ Church, Oxford, void by death of Dr. Robert Payne. [½ p.]
March. 29. Examinations of the Duke of York. A cypher sent in a letter from the King to the Duke some time after his being at Caversham. But the messenger he remembered not. This cypher the Duke burnt about ten days since. The King wrote to the Duke by Mr. Oudart, he should commit one kind of treason as often as he could, viz., by writing frequently unto him. And that was the true cause the Duke wrote to his father. The first letter from the King to the Duke was sent by Mr. Oudart. The second letter by Boswell to get away if it were not hard or dangerous. The Duke received this letter by Boswell before Oudart delivered him the letter above. Boswell came up a back stairs out of the garden near unto the Duke's chamber, and waited there till the Duke passing by that way put the door from him and found somebody was behind it. He asked who was there, and the party answered Tox, and then told the Duke he had provided money for his going away, and then Boswell delivered him a letter, and within few days after the Duke gave him an answer to it in the same place, which was this now intercepted. Nobody was with Tox or with the Duke at those meetings. [1 p.]
[March.] 30. Decree by Dr. Wm. Sames, dept.-judge of the Admiralty Court in the case of Richd. Evans, owner of the "Unity," Rich. Buller, captain, against the "Henry de Loo," taken by the "Unity," pronouncing the said ship "Henry de Loo" to be lawful prize. [Copy. 1¼ pp.]
[March ?] 31. Arguments to be advanced in Parliament on the question of divorce, whether it should be considered as a dissolution of the whole marriage relation and so give liberty to marry again, or only as a divorce à mensâ et thoro. The writer inclines to the former view. At the close Dr. Samuel Annesley adds the following supporting his opinion by quotations from Scripture. "In the case of adultery after marriage the Holy Scripture allows the innocent party to sue out a divorce, and after the divorce to marry another as if the offending party were dead." [This year Dr. Samuel Annesley preached before the House of Commons on several occasions, and on 3rd March a Committee was ordered to prepare an Ordinance concerning divorce. 3¼ pp.]