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Charles II: January 1684

Pages 195-253

Calendar of State Papers Domestic: Charles II, 1683-4. Originally published by His Majesty's Stationery Office, London, 1938.

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January 1684

Jan. 1. Richard Beane to Secretary Jenkins. While others are presenting his Majesty with New Year's gifts, I am contriving how to present myself, not as a gift for the New Year only, but for life. My petition contains part of the history of my life and the reason I have no sooner made any such application was, because I had always lived in hopes to be known by my services. Since I have ever been ready to die for his Majesty's service, methinks the desire of living by it a little while would not be thought unreasonable. My name is wholly strange to his Majesty, unless he can remember it by some petitions and orders of Council about fixing the frigates with a motion at sea to surprise the Algerines, or by a paper of mine called Advice to a Soldier some time since presented to him by the Earl of Anglesey, who used always to show me kindness for the sake of my dead master, Sir E. Spragge. Your great services to his Majesty encourage me to hope that one, whose ambition is only to move in the humblest sphere, shall not be utterly despised. That hope makes me wish my petition presented by your hand, but, lest the contents of the prayer be thought too general, I am fit for nothing but writing and keeping accounts, and I request only such a place as may just keep me from starving. [2 pages. S.P. Dom., Car. II. 436, No. 1.] Enclosed,
Richard Beane to the King. Petition stating that in 1666 the petitioner served in the wars against the Dutch, as clerk to Sir W. Clerk, secretary to the Duke of Albemarle, and in 1673 as clerk to Sir Edward Spragge, in both which wars he insinuated courage into others and did not play the coward himself, and lost his labour only by the loss of his masters, and he has spent many years and above 1,000l. by being a proprietor in some new projects chiefly designed for his Majesty's service at sea, which had the approbation of Sir Edward Spragge, hoping thereby to be serviceable whenever his Majesty shall be engaged in a war, and praying to be received into his Majesty's service in any mean capacity that may afford him a present support till a war shall happen or till time shall have demonstrated his fidelity and his Majesty shall be induced to raise him a step higher. [Ibid. No. 1 i.]
Jan. 1.
Newcastle.
William Blackett and seven Aldermen to Sir Nathaniel Johnson. Several posts since we transmitted to Secretary Jenkins the copy of an information against Samuel Chicken for treasonable words, who was committed to gaol, where he remains. Not having had an answer we desire you to know his commands, the person pressing us to bail, which we have refused till we have orders. [Ibid. No. 2.]
Jan. 1.
Whitehall.
Certificate by Secretary Jenkins of his Majesty's pleasure that the new charter to Bedford pass all the seals and offices gratis. [S.P. Dom., Entry Book 66, p. 324.]
Jan. 1. Commission to Edward Plowden to be captain of the company whereof James Fortrey was captain in the Duke of York's regiment commanded by Sir Charles Lyttelton. Minute. [S.P. Dom., Entry Book 69, p. 83.]
Jan. 1.
Dover.
Francis Bastinck to Secretary Jenkins. This day returned the express boat I sent to Monsr. de Thosse, President of Calais. It brings me only the enclosed note and he will send an answer by my packet-master Hills, who waits at Calais for the arrival of his mail. The postmaster there wonders it is not yet arrived. He further tells me that Monsr. Mollins, a wool trader, has arrested Stanton's boat, which formerly belonged to him, and that she is already fitted with arms to be employed again in the same account of fetching wool, but the President promises him to do the English all the justice he can. [S.P. Dom., Car. II. 359, p. 149.]
[Jan. 1–] 11.
Calais.
Monsr. de Thosse to Monsr. Barillon. Your last letter was delivered by an express the Postmaster of Dover sent me. The English who remained here alive have never been arrested, on the contrary I have had them well treated and they go home to-morrow. The dead have been buried. By the enclosed proceedings the vessel is claimed by the true French owners, who complain of the treason of the deceased master, who to get rid of his partners informed the custom house officers at Dover that the shallop in question was intended for smuggling wool. She was consequently seized, forfeited and adjudged to the master, the informer. Let me know, if you please, what you think I ought to do. I am at a loss to know by whom the expenses of the English at the inn should be paid and whether they shall fall on the shallop. [French. Ibid. p. 151.]
Probably enclosed,
Extracts from the registry of the Admiralty of Calais.
Gaspar Molien, former Mayor and Judge Consul of that town, and Laurence Tacque, widow of Thomas Pottell, shipmaster, stated by their petition of the 3rd instant that the former was owner of one half and the latter of one quarter of a shallop called L'Anguille, the other quarter belonging to Robert Stanton, an Englishman then in that town, who was manager of her and rendered accounts of her earnings, that by his last account seven or eight months before 19l. English money was due from him, and that he had since made three voyages for wool of which he had rendered no accounts, that about six months before he went off with her to England with design to defraud the petitioners and appropriate their shares in the shallop, and that, finding her that day in that port as their own property, being creditors on Stanton's fourth share for the said 19l. and for the earnings of the three voyages, which exceeded the value of Stanton's share, they prayed that Stanton might be summoned to attend the next day to take the choice the petitioners offered him, either to let him have the three quarters of the said shallop for 750l., or to let them have his share for 250l., deducting therefrom the 19l. and the profits of the said voyages for wool, which were due to the petitioners.
By another petition they prayed redress against the said Stanton's widow.
At the hearing the widow's attorney denied that anything was due from Stanton while he had the management of the shallop up to the time of her capture by the English, the expenses having exceeded the receipts, and that 19l. was due to the petitioners on a settled account and, as to the choice they offered, he declared it should not be accepted, inasmuch as the said shallop belonged to him absolutely, having been bought by him from the English, when they seized it when laden with wool for that said Molien, as appears by the contract, and therefore prayed that the petition might be dismissed with costs. The other parties replied that Stanton himself loaded the shallop with wool and then gave information to the English officers in order to defraud the said Molien and Pottel. Ordered that the vessel remain under arrest. [4½ pages. French. Ibid. p. 152.]
Jan. 2.
Inner Temple.
Sir Thomas Jenner to Secretary Jenkins. I have mentioned the business I informed you of yesterday about the conventicles in London to the Attorney General, who said he would take care in it, and I intend to wait on him to-day for further instructions, so I conceive I may forbear giving his Majesty any further trouble herein. [S.P. Dom., Car. II. 436, No. 3.]
Jan. 2. The State of the people called Quakers. About 1,300 of them are cast in prison, both men and women, for the exercise of their tender consciences without any evil thought against the King or any of his kingdom, and lie there, this cold winter season, away from their homes and families, and several of them have lately died. Great havoc and spoil is made of our goods by the informers, so that some have all their goods taken away and have not a bed or chair left but are fain to lie on straw this cold frosty weather. Also they have taken away their very fuel. Therefore we desire that you would speak to the King that he would be pleased to relieve us, who have nothing in our hearts but love and goodwill to him and all his subjects and to all people upon the earth. The names of the places where they suffer: Norwich, Worcester, Bristol, Gloucester, Northampton, Appleby. [Ibid. No. 4.]
Jan. 2. [Thomas Atterbury] to Secretary Jenkins. I have summoned Fowles, the Scotch merchant, to attend you. He knows the man that James Steward brought letters for from Holland by the name of Harris, though in truth his name is Key and he is one of the murderers of the Bishop of St. Andrews, and this Fowles first discovered Harris to be Key and guilty of that fact. 'Tis believed that he knows where this Harris alias Key now is and can give account of his haunts, which might be very useful, he corresponding with Ferguson and others. Key went over to Holland with Shaftesbury and Ferguson. [Ibid. No. 5.]
Jan. 2.
Whitehall.
The information of James Fowlis, merchant. He knew Harris, a Scotchman, that traded between London and Holland till the plot broke out and then disappeared. He does not know Keyes, but heard that one of that name five or six years ago fell on the town major of Edinburgh and wounded him but that he and his accomplices escaped. Asked whether he knew this Keyes or any other of that name to be reputed one of the murderers of the Archbishop of St. Andrews, answers he often heard there were several, whose names he remembers, concerned in that murder, but he does not remember or know any of them to be called Keyes, but remembers that Balfour was reputed among the accomplices and that he, to the best of his information by hearsay, is sometimes at Utrecht, sometimes at Rotterdam. Asked if he knew Ferguson and what merchants he knew or saw him converse with, answers he cannot remember the names of the persons. [2 pages. Ibid. No. 6.]
Jan. 2. Copy of the charter of the Hudson's Bay Company dated 2 May, 1670, attested as examined that day and found to be a true copy by Sir Edward Dering and others. [10 pages. Ibid. No. 7.]
Jan. 3.
Whitehall.
Reference to the Attorney or Solicitor General of the petition of Richard Haines of Sullington, Sussex, and partners for a patent for an invention for improving cider, perry, etc. [S.P. Dom., Entry Book 55, p. 306.]
Jan. 3.
Whitehall.
Warrant for a patent for 14 years to Edward Wyndus of his new invention of the great and durable increase of light by extraordinary glasses and lamps very useful especially for the improvement of ship lanthorns, lighthouses, dispersing of light for mines and other uses which require light and heat, with a proviso that, if it shall appear that this grant is prejudicial to the King's service or the good of his subjects in general or if any abuse be discovered therein or that the said invention is not new, on declaration thereof under the signet or privy seal or by six or more of the Privy Council the patent shall be void. [2 pages. S.P. Dom., Entry Book 66, p. 325.]
Jan. 4.
Tower.
Capt. Thomas Cheeke to [Secretary Jenkins]. The ill weather has been the occasion of my not waiting on his Majesty, for I am a very ill walker and dare not venture in a coach, unless the King commands my attendance, for the way is so very ill that it is hardly passable. I am informed his Majesty is told Lord Petre is dead, though we expect it every hour. [S.P. Dom., Car. II. 436, No. 8.]
Jan. 4.
Whitehall.
The King to the Bishop of London. Taking notice of the extreme hard weather and the hardships and distresses it brings on the poor in and about London we require you to take care for publication to be made in all the parish churches in the said city and the liberties thereof the two next Lord's Days to collect the benevolence of the charitable both in the churches and at their dwellings for the relief of the poor in and about the said city. That our example may quicken our exhortation, you are to call on the Commissioners of the Treasury for the sum we have directed to be paid to that end. We hope your own zeal and the bowels of compassion in our subjects will need no further incitements. [S.P. Dom., Entry Book 53, p. 127.]
Jan. 4.
Whitehall.
The King to Thomas Sprat, D.D., Dean of Westminster. In the same words mutatis mutandis for a collection in Westminster. [Ibid. p. 128.]
Jan. 4.
Whitehall.
The King to the Archbishop of Canterbury. Similar letter for a collection in the diocese of Canterbury. [Ibid. p. 129.]
Jan. 4.
Whitehall.
Reference to the Lords of the Treasury of the petition of John Huchenson for a patent for examining, auditing and comptrolling all briefs, collections, etc. [S.P. Dom., Entry Book 55, p. 306.]
Jan. 4.
Whitehall.
Secretary Jenkins to Sir William Smith. Capt. Rigby's place was disposed of six or eight days since to Birch, an uncle of his. When Rigby went for the wars of Hungary, he obtained the King's promise that Birch should have his company, in case he miscarried before his return. I am sorry it has not fallen to your son. I like his letter very well, but you must tell him he must learn more patience than to be so hasty in his conclusion as to think, if this fail, nothing is to be further expected. [S.P. Dom., Entry Book 64, p. 161.]
Jan. 4. Commission to — Brounell to be ensign to Capt. George Lyttelton in the Duke of York's regiment. Minute. [S.P. Dom., Entry Book 69, p. 84.]
Jan. 4.
London.
The Duke of York to the Prince of Orange. (Printed in Dalrymple, Vol. II, Appendix, Part I, p. 55.) [3 pages. Holograph. S.P. Dom., King William's Chest 3, No. 91.]
Jan. 4.
Whitehall.
The King to the Marquess of Queensberry, Treasurer Principal, and John Drummond of Lundin, Treasurer Deput. Warrant, after reciting that James Beanes, master wright, lies under very great straits occasioned by his having long lain out of the moneys due to him for work and disbursements about buildings and reparations in and about Holyrood House, Edinburgh Castle, and other occasions in the King's service, for calling for and examining his accounts with his instructions, and reporting what sum they find justly due to him. [S.P. Scotland, Warrant Book 8, p. 237.]
Jan. 4.
Whitehall.
Warrant for a protection in the new form to John, Lord Elphingstoune, for two years. [Docquet. Ibid. p. 238.]
Jan. 4.
Whitehall.
Warrant for remission to William Forbes, son to Robert Forbes, sometime tutor of Craigievar, of the sudden, casual and accidental slaughter of Allan Grant, footman to the said Robert Forbes, in July, 1683. [Docquet. Ibid.]
Jan. 5.
Whitehall.
Informations by Sir Andrew Forrester and Major George Winrame of the murder of Joseph Johnston of Hilton by William Home, brother of the Earl of Home, in the Earl's house. [S.P. Dom., Car. II. 436, No. 9.]
Jan. 5. Sir Roger Norwich to Secretary Jenkins. The session for the county being next Tuesday and the loyal gentlemen big with expectation of this business, believing the consequence may prove of good service to his Majesty, obliges me to this. About three weeks since, not being well, I troubled you with a letter enclosing an address from the factious party of the county to the two knights then elected to serve in the Oxford parliament and acquainted you that I had attended the Attorney General for his opinion, who thought them guilty of a high misdemeanour and the paper fit to be shown to his Majesty. I sent it you with my humble request and suddenly after you sent me word by Mr. Oliver that his Majesty had seen it and liked it, only it came late, and that he referred it to the Attorney General, who, not hearing from you, has not done more in it, and so it stops till you give a new motion to it by a word to him. [Ibid. No. 10.]
Jan. 5. Presentment of the Grand Jury of Chester. It is our opinion and desire that the Mayor and citizens of this city appear to the Quo warranto lately brought against the city and that all lawful means be used to defend the rights and liberties thereof and that the common seal be set to any instrument necessary or expedient for that purpose. (15 signatures.)
It is our opinion and desire that the Mayor and citizens of Chester appear to the Quo warranto brought against them and defend the rights and liberties of this city according to law. At the foot, in another hand, This last is what is sent about the city for hands. [Ibid. No. 11.]
Jan. 5.
Whitehall.
Secretary Jenkins to Col. Brabant. The examinations of David Sherwood and John Bell are of that moment that their presence before his Majesty will be requisite. I therefore enclose you a bill of exchange towards defraying the charges of their journeys and during their stay here. Please be as good a husband as you can in bargaining with them. You and they are desired to keep this journey as secret as possible. [S.P. Dom., Entry Book 64, p. 161.]
Jan. 5.
Whitehall.
Grant to Charles, Earl of Burford, of the dignity of Duke of St. Albans to him and the heirs male of his body. Minute. [S.P. Dom., Entry Book 335, p. 74.]
[Jan. 6 ?] Bridget, Lady Petre, to the King. Petition for the delivery for interment of her husband's body, who was long since committed prisoner to the Tower and is lately dead. [S.P. Dom., Car. II. 436, No. 12.]
Jan. 6. Secretary Jenkins to the Lieutenant of the Tower. Signifying his Majesty's pleasure that Lord Petre's body be left to the disposal of his lady and relations to be interred where they shall think fit. [S.P. Dom., Entry Book 54, p. 236.]
Jan. 6.
Whitehall.
Warrant for a grant during pleasure to Thomas Daniell of the place of one of the Falconers in Ordinary in the room of his father Abel Daniell, deceased, with the fee of 44l. per annum payable quarterly, the first payment to commence from Lady Day last. [S.P. Dom., Entry Book 66, p. 340.]
[Jan. ?] Richard, Lord Maitland, to the King. Petition for his discharge or for his release on bail. Was committed last Monday by his Majesty's order and Secretary Jenkins' warrant as a disaffected person but, having been allowed to speak with his Majesty and his Royal Highness, hopes he has given satisfaction. Entreats him to consider that he is a young man and his very hard circumstances and to compassionate the many misfortunes of his family and to remember its former services. [S.P. Dom., Car. II. 436, No. 13.]
Jan. 7. Minutes of the proceedings of the Privy Council. Present, his Majesty, his Royal Highness, Lord Keeper, Lord Privy Seal, Duke of Ormonde, Earls of Sunderland and Rochester, Mr. Godolphin and Secretary Jenkins. Lord Maitland to remain in the hands of a messenger till further news from Scotland and then to be sent down thither. His papers to be restored. [S.P. Dom., Car. II. 433, No. 8, p. 21.]
Jan. 7.
Whitehall.
Edward Carne to Sir James Herbert. A poor man sent in the enclosed letter to Mr. Secretary at his office. He spoke with him himself and, having heard his complaints, advised him to go home and wait on you and assured him you would take care that, if he was innocent, as he pretends, no malice or violence should prevail against him. He desiring a line or two to you, Mr. Secretary has commanded me to assure you of his service, knowing there is no need to desire your justice in any case that deserves it. [S.P. Dom., Entry Book 64, p. 162.]
Jan. 7.
Whitehall.
Secretary Jenkins to the Marquess of Winchester. I represented to his Majesty the contents of your letter of 3 Dec., as soon as I received it, and also to his Royal Highness, but there was no opportunity to read it publicly before them and the lords till last night. Your dutiful regard and circumspection in not thinking of receiving Mr. Murray again was very kindly resented by his Majesty and his Royal Highness and approved of by all the lords, but, in regard that he is still a prisoner in Scotland and that, though Gordon of Earlston cleared him, yet informations of that moment were given in against him that it was thought just to keep him under restraint, it was therefore thought most advisable for you to expect him to work his own way out of the trouble and restraint he is now under before you entertain him again. If a favourable report of his innocency be made hither, in regard you have a charity for him and likewise some use of him, I will give you notice. [Ibid.]
Jan. 7.
Whitehall.
Reference of the petition of John St. John, Dr. of Laws, for a warrant to the Attorney or Solicitor General for drawing his commission as Judge of the Court of Admiralty in the East Indies, he having been chosen by the East India Company by virtue of their last additional charter, and having prepared himself to serve his Majesty and the Company in that capacity and removed himself from Doctors' Commons in order thereto. [S.P. Dom., Car. II. 359, p. 161.]
[Before Jan. 8.] Certificate that Richard Spencer, now in Salisbury gaol, condemned of high treason for clipping, but pardoned, is of the parish of Brinkworth, Wiltshire. Endorsed, Certificate of the mistaking of the parish of Lacock for Brinkworth in Spencer's pardon. Lacock blotted in the bill and Brinkworth inserted. 8 Jan. 1683–4. [S.P. Dom., Car. II. 436, No. 14.]
Jan. 8. Surrender by the Mayor and Corporation of Oxford of their charter. [Over 2 pages. Copy. Ibid. No. 15.]
[Jan.] The Mayor, Bailiffs and Commonalty of the city of Oxford to the King. Petition, they having surrendered the nomination and approbation of all offices of trust in their city, for a regrant of the election of the said officers and also for a grant of the following privileges:— 1. A pardon for all past forfeitures. 2. The incorporation of the parish of St. Clement's with the city. 3. That the Mayor may be in the commission of the peace for the county. 4. Whereas they now have four Aldermen by charter and choose by prescription a fifth and eight assistants, that they may have eight Aldermen and five assistants. 5. A grant of a haire market for all live cattle on every Wednesday to be kept on Broken Leyes, and a horse fair to be kept the first Tuesday and Wednesday in Lent in St. Mary Magdalen parish. [Ibid. No. 16.]
Another copy of the new privileges prayed with note that the inhabitants of St. Clement's pray to be incorporated with the city. [Ibid. No. 17.]
[Jan.] The parishioners and inhabitants of the parish of St. Clement's near Oxford to the King. Petition that their parish may be incorporated with Oxford in the new charter which the King is about to grant to that city. [Ibid. No. 18.]
Jan. 8. Warrant from Secretary Jenkins, after reciting that a horrid murder was committed on or about 26 Dec. last by William Home alias Hume, brother to the Earl of Home, at the house of the said Earl in Scotland near the Borders on Joseph Johnson of Hilton in Scotland, the said Johnson being naked and defenceless, and that the said Hume is since fled into England, for searching for and apprehending the said Hume. Noted as sent to James Howard, Sheriff of Northumberland, Col. William Strother, Edmund Craster and Major Windrum. [S.P. Dom., Entry Book 54, p. 237.]
Jan. 8. Secretary Jenkins to the persons mentioned above. Enclosing the above warrant and desiring their diligence in searching for and taking into custody the said Hume. [Ibid. p. 238.]
[Jan. ?] Richard Nicholson, warder at the Tower, to Secretary Jenkins. Petition for his liberty on bail, being confined for leaving his prisoner for two nights, though he looked on him as secure, having fetters of above 30 lbs. weight on him and being close locked up and he is still secure. (See Privy Council Register, Vol. 70, p. 100.) [S.P. Dom., Car. II. 436, No. 19.]
Richard Nicolson to the Privy Council. Two similar petitions to the same effect as the above. [Ibid. Nos. 20, 21.]
[Jan. ?] Katherine, wife of Richard Nicholson, to the Lord Privy Seal. Begging him to call for her husband's petition. His lordship directed her to attend there this afternoon. [Ibid. No. 22.]
Jan. 9. Robert West, prisoner in the Marshalsea, to the King. Petition for leave to be in his own house under such restrictions as to his Majesty shall seem meet, having been prisoner above half a year and having contracted such an indisposition as may endanger his life, unless removed by proper remedies, which that place will not allow the application of. Noted, To be in a messenger's custody. [S.P. Dom., Car. II. 436, No. 23.]
Jan. 9. Gabriel Shadd to Secretary Jenkins. About eighteen months ago I acquainted his Majesty at Windsor with my endeavours for suppressing conventicles and he ordered 500l. of the first moneys brought into the Treasury on account of these penal statutes to be paid to me and others I employed. Notwithstanding that many considerable sums have been paid in since the said order, I never received a farthing of that 500l. This affair has procured me so many potent enemies that they have carried on false and fobb actions against me, till at length they have made me a prisoner in the King's Bench under great poverty. I have not only spent what I had, but hazarded my life in this concern. I therefore beseech you to represent my sad condition to the King, hoping that he will order me 50l. out of the 500l. to be paid me for procuring my liberty. [Ibid. No. 24.]
Jan. 9.
Norwich.
William Helwys, Mayor, to Secretary Jenkins. My indisposition, increased by the inclemency of the season, has been the cause of my delay in acknowledging your letter with the enclosed order concerning Mr. Davy, our now Steward. The contents were at a Common Council some few days after communicated to the body of the city, where they unanimously elected Robert Davy to be Steward as was hinted in yours of 28 Nov. last, and he was sworn, we presuming to construe his Majesty's approbation of him by the fair character given him in the letter. But, if it shall appear to you requisite to acquaint his Majesty with our ready compliance and for him to signify his allowance or disallowance of this election, you will increase our obligations. Myself and Alderman Bendish, a Justice of this city, have been both arrested in an action of debt for 500l. out of the Court of Common Pleas at the suit of John Browne, who is wholly unknown to either of us. We cannot imagine any ground, unless for not doing impossibilities, the common vogue being it is for not being qualified to execute our offices by producing certificates of our receiving the Sacrament at the next quarter sessions after our taking our places, as the Act directs. We have had no sessions for this city and county since 24 April, 1682, nor shall have any till the 14th, but we received the Sacrament within the time limited by that statute and intend next Monday to exhibit our certificates to the court and qualify ourselves and all the members of the body of this city. We submit it to your prudence whether to acquaint his Majesty herewith or not. [Ibid. No. 25.]
Jan. 9. Warrant to Christopher Lowman, Keeper of the Marshalsea, for delivering Robert West, now a prisoner in the Marshalsea, to Thomas Atterbury, messenger. [S.P. Dom., Entry Book 54, p. 235.]
Jan. 9. Warrant to Thomas Atterbury for taking into custody and keeping the said Robert West. [Ibid.]
Drafts of the last two warrants. [S.P. Dom., Car. II. 436, No. 26.]
Jan. 9.
Whitehall.
Warrant for a grant and licence to George Hellier of Whitechurch in the parish of Binegar, Somerset, and his heirs, of a liberty of free warren within the manor of Binegar and to enclose such of his own ground for that purpose as he shall think fit, not exceeding 500 acres. [S.P. Dom., Entry Book 66, p. 328.]
Jan. 10. The Bishop of Oxford to Secretary Jenkins. Last Tuesday the city of Oxford had a Common Council and, after some opposition by Lord Lovelace, Alderman Wright and Mr. Pantin, consented to the surrender of the charter. I presume that you have notice of this and that your concern is so great in our behalf that you need not be reminded of an occasion of befriending us. Only I thought it not amiss to let you know that Mr. Justice Holloway will be ready to receive any instructions relating to our concern and will employ his son or some other person in whatever agency may be necessary. The branch of the charter concerning government being that which is particularly surrendered, our affair concerning the night watch falls directly under it, and, if a clause be inserted in the new charter reserving this to the University according to their charters and particularly that of King Charles I, I hope we shall be competently secured and our desires will not seem invidious. Lord Abingdon told me the city would be contented with such a settlement. [1½ pages. S.P. Dom., Car. II. 436, No. 27.]
Jan. 10.
Bristol.
The Dean and Chapter to the Lord Keeper. Having understood his inclinations to promote their desires to his Majesty that 20l. a year given in their statutes for repair of highways might be allowed for the organ and other ornaments of their church for such time as he shall see meet in case their statutes allow it, laying before him such extracts from their statutes as concern this matter. [Ibid. No. 28.]
Jan. 10.
Northampton.
Sala Lovell to the Earl of Arlington. Begging that, if anything of the matter mentioned in the enclosed should be objected against him before the King and Council, he would interpose the enclosed. [Ibid. No. 29.] Enclosed,
Statement by Lovell. About Midsummer 1682 Mr. Hunt of Gray's Inn, with whom I never had correspondence, asked me what booksellers lived in Northampton. I innocently told him Mr. Cockram and Mr. Fowler, and never heard more of him concerning them. But yesterday at the sessions for this county, I being in court in my clients' affairs, a book called Hunt's Postscript was presented as an ill book and a letter also directed to Fowler signed Thomas Hunt that, by Mr. Lovell's advice, he had sent him 150 books to sell and desiring him to return the money by Mr. Lovell, whereas I never so advised nor till yesterday knew that such books were sent nor ever spoke to Fowler nor he to me touching that or any other transaction, and Fowler on oath declared the same in court nor could any ever have known that Hunt had asked any such question but by my own declaration. Some presentment of this matter reflecting on me is sent up to Court, whereas I never read that book and am far from promoting that or any book touching the government and have never concerned myself in public affairs. [Ibid. No. 29 i.]
Jan. 10.
Whitehall.
Secretary Jenkins to Lord Cheney. These three men from Suffolk, being summoned to appear before your Board to give some evidence in the King's behalf, desire a line from me to introduce them, being strangers. I can say nothing of them, but Mr. Bohun, the Justice, on whose information to me these men are summoned up, is a very understanding person of great integrity and esteem in his country and lets no occasion pass to show his zeal to the King's service. [S.P. Dom., Entry Book 64, p. 163.]
Jan. 11.
Newcastle.
Henry Brabant to Secretary Jenkins. I have yours of the 5th and a bill of 40l. which has been paid and I shall give you a particular account of the disposal thereof. I sent immediately to David Sherwood, who is very willing to come. John Bell has been out of town ever since, but I question not his willingness at his return, which I hope will be to-night. If so, I hope to have them set forward next Monday, if this thaw hinder not which began yesternight and, I fear, will make bad travelling. I have kept this journey secret and shall engage them so to do. I shall write to Sir Nathaniel Johnson by them and desire him to bring them to you. [S.P. Dom., Car. II. 436, No. 30.]
[Jan. 11 ?] Thomas Atterbury to Secretary Jenkins. A few days since Lea, the dyer, acquainted me that one thing occurred to him, whereof he had not given you an account, viz., that Hone, the joiner, some time before the plot was discovered, asked him if Parrot, who was concerned in Blood's business, was concerned in the plot, He answered, he did not know. Hone then desired him to ask Goodenough whether Parrot was engaged in it, which Lea forgot to do, but Hone some days after told him he had himself spoken of it to Goodenough, who informed him that Parrot was already engaged in the plot and was a very stout fellow. The day after Mr. West came to my house from the Marshalsea I asked him if he knew Parrot, who told me he did and that my mentioning his name brought to his mind that Hone once told him that Parrot was concerned in this plot, which he believed, he being a desperate sort of fellow. Endorsed, "83–4 about 10 Jan." [Ibid. No. 31.]
Jan. 11. Warrant to Henry Legat, messenger, and George Beardsell to apprehend Capt. John Lemon and bring him before Secretary Jenkins. Minute. [S.P. Dom., Entry Book 54, p. 236.]
Jan. 11.
Whitehall.
Reference to the Lord Chief Justice of the King's Bench of the petition of Hugh Chudleigh for a grant of one of the coalmeter's places in London now void and in his Majesty's disposal. [S.P. Dom., Entry Book 55, p. 307.]
Jan. 11.
Whitehall.
Reference to the Attorney General of the petition of Lord Dartmouth and William Legge, his son and heir apparent, praying his Majesty to give his royal assent and authority to the Justices of the Common Pleas in Ireland for suffering one or more common recoveries of certain lands and hereditaments in Ireland (sold by the said Lord Dartmouth with the consent of the trustees) as tenant or vouchee, as the case may require, by the petitioner, William Legge, to the said agreement, he being under age. [Ibid.]
Jan. 11. Pass for the Prince de Robey returning to Flanders with the Baron Pirkert de Heyden, with 8 valets de chambre and servants and 11 horses. [S.P. Dom., Entry Book 66, p. 327.]
Jan. 11.
Whitehall.
The King to Charles Fox, paymaster of the land forces and garrisons. Signifying his pleasure on the consideration of the petition of Richard Barber, late lieutenant in the King's own regiment of Foot Guards, and his services, age and necessitous condition to allow him the pension of 3s. per diem which was allowed to Lieut. Young, deceased, and that he therefore send debentures or certificates of what is due on every muster since the said Young's death for the said pension, that a warrant may be issued for payment thereof. [S.P. Dom., Entry Book 69, p. 85.]
Jan. 12. Richard Beane to Secretary Jenkins. Since I presented you the Character of a disbanded Courtier, I have attended here several times and went away, because I understood you were busy. In my petition I said I was clerk to the Duke of Albemarle in one war and to Sir E. Spragge in another, but said nothing to prove it. I therefore request permission to wait on you a few minutes and, after my face is known to you, I will promise to be a silent suitor. [S.P. Dom., Car. II. 436, No. 32.]
Jan. 12.
Southampton.
James Crosse to Owen Wynn. I answered yours of the 18th on the 20th and sent a copy of yours to me of 20 Nov., as you desired, but doubt if it came to you, because you say nothing of it in yours of the 8th. I therein requested your advice how to proceed towards surrendering the charter, which I still entreat and shall govern myself thereby without making public more than you think fit. Our Common Council have yet made no further steps therein, because Sir Benjamin Newland wrote that Mr. Secretary would answer their letter himself, but, if any other measures be necessary, pray favour me with your advice. The enclosed for Sir John Lanier I gave to the master of a barque bound for Jersey in a week, being the first. [Ibid. No. 33.]
Jan. 12. Note by Mr. Wagstaffe that the Lord Mayor send for the Aldermen and deliver them the account lately brought in by their wardmote inquests of all lodgers in their respective wards and require them to inform themselves fully of the quality and condition of every one of the said lodgers and particularly whether there be any Scotchmen among them or dissenting preachers or other disaffected persons. If any Scotchmen or others known or suspected to be disaffected be found among those lodgers that they be forthwith apprehended and care taken for their examination and that all such as are not known and can give no good account of themselves be brought before two Justices to take the oaths of allegiance and supremacy and, if they refuse to do so, to be dealt with according to law. If any of those lodgers be dissenting preachers that both they and all other dissenting preachers inhabiting in London be prosecuted according to law. [Ibid. No. 34.]
Jan. 12.
Whitehall.
The Earl of Sunderland to Sir Joseph Williamson. His Majesty, being given to understand that certain informations and papers concerning the practices of Robert Murray are remaining in your custody in the Paper Office, directs me to signify that he would have you deliver them and particularly the original information of John Dewar and a letter from the late Earl of Shaftesbury to the said Robert Murray, dated 24 Oct., 1676, to one of the Secretaries of State for Scotland to be used there on the King's behalf against him. [S.P. Dom., Entry Book 56, p. 91.]
Jan. 12.
Whitehall.
Secretary Jenkins to the Bishop of Oxford. I am providing, as well as I can, against the coming up of your citizens. I have showed the Duke of Ormonde and the Earl of Rochester the decision and order of Council of 10 Jac., and have acquainted them with the sum and substance of the paragraph concerning the night watching in King Charles I's charter. I find by Mr. Warcupp, a gentleman of Oxfordshire, that hopes, as I am told, to be parliament man for Oxford city, that the city will plead the obligations they are under from the Statute of Winchester. I hope that will do us no harm, if the University will stand to the said order of Council. I do not know whether it be advisable to insist on King Charles I's charter, for, besides it was obtained by a spirit ascendant, that is not so (the more the pity) at this time. The recital of 39 Hen. III varies something from the original, as will appear by a comparison of it with that of King Charles I, which intends an explication of it. I would be glad to see the night watch vested in the University by express words of a charter to themselves, as it is declared to be in the four Aldermen and eight assistants for the benefit of the University, as it is declared to be in the said charter of Hen. III. I know we may answer that the setting of a watch is incident to a corporation, 1, by common law, 2, by the Statute of Westminster 1, c. 9, 3, by the Statute of Winchester, which is 13 Edw. I, c. 4, but all this the town may plead as well as we. It will be a favour to me to let me know Dr. Wallis' sense on this point for, if a concurrence of jurisdiction be admitted, we are lost.
Another thing I perceive by Mr. Warcupp is, that the thing will be laboured to be passed over in silence and, as the town has not surrendered their watch, so it will be contended that we should not pretend to have any clause of salvo, where the controversy is not mentioned, especially when the charter is to be given at their suit. I wish Dr. Wallis or some member of the University, such as Dr. Levet, would be at leisure to attend this business, since much of our future peace depends on it. Whether they come or not, I shall endeavour to acquit myself to the utmost of my power of my duty to the University, and shall be very glad to approve myself a faithful servant to the governors of it, especially to your lordship. I thank you for your New Year's gift. [Over 2 pages. S.P. Dom., Entry Book 64, p. 163.]
Jan. 12.
Whitehall.
Secretary Jenkins to the Bishop of Bath and Wells. I thank you for your two letters. If you give me the name of the seditious writer that is so near us here, I hope to be able to make some good use of it, at least by way of precaution among ourselves.
As for the candidates in Bristol I can say nothing but that his Majesty has not declared any thing that I know of that should lead them that way. You may be sure that the King's friends in Bristol shall have notice with the first, when any such business is to come on.
I have nothing to say of the quarter sessions but that I am sure his Majesty's meaning is that the laws against Dissenters be put in execution, especially the Oxford Act. [Ibid. p. 166.]
Jan. 12.
Whitehall.
Warrant for a gift to Dame Margaret Douglas, relict of Sir Alexander Jarden of Aplegirth, deceased, of the ward and nonentry of the lands, etc., which pertained heretably to him, and of the marriage of his apparent heir. [Docquet. S.P. Scotland, Warrant Book 8, p. 239.]
Jan. 12.
Whitehall.
The King to the Lord Lieutenant and the Lord Deputy. Warrant, after reciting a grant dated 27 Oct., 1680, to Robert, Earl of Sunderland, of an annuity of 3,000l. for 7 years, to be computed from Christmas, 1682, (the warrant for which is calendared in S.P. Dom., 1680–81, p. 21) out of the revenue of Ireland and particularly out of the 27,000l. reserved by the then Establishment for such uses as the King should appoint, and that by the new Establishment lately made neither the said 27,000l. nor any other yearly sum has been reserved for the King's particular dispose and that therefore the said grant is left altogether to be satisfied out of the revenue there in general, which the said Earl fears will render the favour intended him more uncertain and therefore prays that the 21,000l. so granted him payable in 7 years may be assigned on the 5,000l. a year of the quit rents, which by the present Establishment are allotted to pay 8,888l. to the Earl of Rochester, 3,000l. to Sir Timothy Tyrrell and 8,000l. to the assigns of the first Earl of Orrery, the said sum to begin to be paid him out of the said 5,000l. a year immediately after the said three other sums are satisfied; for a grant to the said Earl of 21,000l. sterling out of the revenue of Ireland, and more particularly out of the said 5,000l. a year of quit rents immediately after the said three sums already assigned on the same shall be fully satisfied, after which no part of the said 5,000l. is to be applied or assigned to any other use or person till the said 21,000l. be fully satisfied thereout to the said Earl. [2½ pages. S.P. Dom., Signet Office, Vol. 11, p. 243.]
Jan. 13.
Bolton.
The Marquess of Winchester to [Secretary Jenkins]. You will hardly believe into what a transport of joy I was carried on receipt of yours of the 8th, whereby I was assured not only of his Majesty's and his Royal Highness' gracious acceptance of my letter relating to Mr. Murray, but also of the kind and concurrent advice of so many lords of the Council with yourself. I am better able to bear the burthen of my broken health and the solitudes of these cold northern parts, whilst I have the favourable respects of such friends at Court, whose directions I will steadily follow, but I return my particular thanks for your favours in representing so candidly my true duty and most faithful service to his Majesty and Royal Highness, which I beseech you to continue, and since I find Mr. Murray not to stand right in the good opinion of his Majesty and Royal Highness, I will be no further concerned with him nor for him nor receive him into my house, let his ingenuity be never so agreeable or necessary to entertain me in my weak health, but also I will be very cautious hereafter and on no account receive any person, unless I know him to be agreeable to his Majesty and Royal Highness. I wish I had any proportion of health suitable to the great desire of showing my zeal to serve them. [S.P. Dom., Car. II. 436, No. 35.]
Jan. 13. Dr. John Lloyd to Secretary Jenkins. The city of Oxford have thought fit at last to surrender their charter, of which I question not you have heard already, my Lord of Oxon having informed me he would write to you thereof. I beg your favour towards the University that in the new grant to the city their rights be not prejudiced or infringed. I need not specify them to you, who understand them much better than I. I would further crave your advice, whether or when you shall judge it necessary that any of our body shall come up and attend this affair and what instructions it may be necessary for them to bring. [Ibid. No. 36.]
Jan. 14. Order of the Middlesex Quarter Sessions that they concur with the annexed presentments of the grand jury and order them to be laid before his Majesty as they desire and further that all Scotch and other pedlars who travel about this county without licence be taken as vagrants and used accordingly and that no persons elected to any parochial offices in this county be excused from serving the same, except such as shall be excused by the Justices in their petty sessions of that division wherein such persons were to serve and, if any money be taken from the persons so excused, it is to be applied to the use of the poor by the appointment of the Justices in the said petty sessions and that whoever shall excuse any such persons or take money or dispose thereof otherwise be bound over to the general sessions of this county. [S.P. Dom., Car. II. 436, No. 37.] Annexed,
Jan. 14. The said presentment. That for the honour and safety of this county a High Sheriff be appointed of and to reside in this as in other counties.
That some consideration be taken for the relief of the poor besides the provision made by the statute of 43 Eliz., the poor growing very numerous especially by the waterside, by the accidents of the sea, either by a hospital for providing for and educating seamen's children for sea service or other ways.
That Scotch pedlars and petty chapmen be not suffered to pass this county and kingdom without examination and licence.
That no peace officers be permitted to keep alehouses during the time they are in office.
That testimonials for servants be made universal in all the kingdom, otherwise this county will have little benefit of the order made by this court.
That great care be taken to suppress all conventicles and seditious and riotous meetings, by which the peace of the kingdom will always be in danger, for it is visible their hopes are raised on their apprehension of any advantage and there is a necessity of keeping them down by the execution of the laws, especially of the statute of 35 Eliz., by which those who will not conform may abjure the kingdom. We pray that this our presentment may be laid before his Majesty. [Ibid. No. 37 i.]
Jan. 14.
Whitehall.
Secretary Jenkins to the Earl of Nottingham. His Majesty being moved last night to direct a pass to be given to the Christopher, now lying at Nantes, belonging to Englishmen, and a considerable part of it to Sir Edward Villiers, the Knight Marshal, reflected on the case as you had represented it to him in the morning and commanded me to write to you that it is his pleasure that your Board grant the pass to that ship, as desired, further directing that you move next Council day to authorize your Board by order of Council (if need be) for your having passed this and your granting the like passes for the future. [S.P. Dom., Entry Book 64, p. 167.]
Jan. 14.
Whitehall.
Warrant to Lord Dartmouth, Master General of the Ordnance, after reciting that divers masters of glass works, druggists, silver refiners, dyers, chymists, etc., in London are at present destitute of saltpetre for carrying on their manufactures, for selling out of the stores of saltpetre in the Ordnance Office to the said persons such quantities as they shall desire at such prices as he shall judge best on immediate payment or within five days after delivery, taking security of them not to dispose thereof except for carrying on their manufactures. [S.P. Dom., Entry Book 69, p. 86.]
Jan. 14.
Whitehall.
Patent to Richard Haines of Sullington, Sussex, and partners of their new invention of preparing, improving and meliorating cider, perry and the juice or liquors of wildings, crabs, cherries, gooseberries, currants and mulberries. Minute. [S.P. Dom., Entry Book 335, p. 75.]
Jan. 14.
Whitehall.
Warrant to Anthony Binnes, messenger, to summon John Windous, William Catlett and Robert Burkett of Gravesend, who arrested or caused to be arrested without leave first obtained John Sayle, one of the gunners belonging to the forts of Tilbury and Gravesend, to appear before the Earl of Sunderland to answer to what shall be objected against them. [Ibid.]
[Jan. ?] William Tollemache to the King. Petition for pardon for killing William Carnegie, son of the Earl of Southesk, at Paris in selfdefence, who drew upon him without any provocation, the petitioner having been about two years ago tried and acquitted at Paris by the law of that kingdom. At the foot,
Jan. 15.
Whitehall.
Reference thereof to the Attorney General. At the side, His report that the petitioner was tried in France and acquitted and that he conceives it may be fit for his Majesty to pardon him. Jan. 22, 1683–4. [S.P. Dom., Car. II. 436, No. 38.]
Other copies of the above petition, reference and report, with an exemplification of the sentence passed in Paris: setting forth the pardon granted by the King of France, dated January, 1682, in which are narrated all the circumstances of the quarrel and the sentence on Tollemache to pay 200 livres for masses for the deceased and 10,000 livres for civil damages to Charles Carnegie, his brother. [The exemplification (9½ pages) in French. S.P. Dom., Entry Book 54, p. 248–259.]
Jan. 15. The Justices and Grand Jury of Wiltshire to the King. Petition for putting Henry Bloxum into the general pardon for the next assizes for the Western circuit, who was convicted for clipping and coining, but was reprieved during pleasure having made a discovery of his confederates. [S.P. Dom., Car. II. 436, No. 39.]
Jan. 15.
Clifford's Inn.
P. Burton to the Postmaster of Chippenham. Begging him to deliver the enclosed with what speed he can to Mr. Eyre, it being for his Majesty's service. [Ibid. No. 40.]
Jan. 15. Richard Chiswell to Secretary Jenkins. Since it has been my unhappiness to fall under your displeasure by my unfortunate concern with Mr. Johnson in the business of Julian, I have sought opportunity to wait on you but could not obtain one, and therefore have set down in writing what I intended to say by way of apology, viz., that I knew the author to be a conformable man and therefore had no reason to suspect him of any evil or dangerous principles or designs. Of the matter of the book I did not think myself a competent judge and therefore never read it till after it was called in question. The law directs us to no guides as in the time of licensing and, when it did, they were the bishops' chaplains or other clergymen. My engaging in this was a surprise and I no way intended the least ill in it. Since it has happened otherwise I am heartily sorry and, if it were to do again, I should by no means be drawn into it. I was always resolved to give a clear account of all I knew or did in it, and, when I was called, did so with all readiness and truth. I am ready to make any further acknowledgment of my sorrow you shall think fit. To clear myself of any suspicion of being concerned further with Mr. Johnson, I confirm what I declared to you and the other lords of the Council that, when I understood the first book had given offence, I utterly refused the offer of the second and have not seen it in manuscript or printed to this day.
I shall add that, however things may have been improved to my prejudice by any of my profession, as commonly there are emulations amongst men of the same trade, I am a hearty lover of the King and government and conformity to the Church of England as by law established is my avowed principle and has ever been so. If his Majesty has conceived any displeasure against me on account of this matter, I pray you to be a mediator for his pardon, by informing him that I am ready to give all possible assurance of my sincere duty and loyalty to him and obedience to his government. [1½ pages. Ibid. No. 41.]
Jan. 15.
Newcastle.
Henry Brabant to Secretary Jenkins. I got Sheriff (Sherwood) and Bell set forward yesterday. They have my letter to Sir Nathaniel Johnson desiring him to conduct them to you. They promised to make what haste they can.
I omitted one thing in my last information, that David Sherwood confessed that he not only directed Clarke alias Aaron Smith to Provost Anslay at Jedburgh, but also advised him to call at the house of Steill, steward to the Marquess of Douglas, who lives in a forest about a mile from Jedburgh. When examined what reasons he had to direct Clarke to Steill, he faltered very much and at last confessed that Clarke owned he had heard of Steill from one Scott in London, by whom he was recommended to him, but this Sherwood knew nothing of at first yet for reasons best known to himself directed Clarke to Steill notwithstanding that he knew that Steill kept no house of entertainment, and therefore must have had some secret reasons which he did not confess. [Ibid. No. 42.]
Tuesday morning [Jan. 15.]
The Talbot Inn in the Strand.
Ezekiel Everest to Secretary Jenkins. If you think it may be admitted, I have a great desire to wait on his Royal Highness to beg his pardon for the company I formerly kept, which I am sure were averse to his interest, being resolved never to offend again in that kind, and I am ready to embrace any thing for his Majesty's service. I have seen several of that interest since I saw you, but do not find I am in the least suspected, they not knowing that I know anything but the conveying away of Lord Grey, and, that being before any order came down after him, they believe I can be only examined before the Council, but not troubled for it, but they nevertheless advise me not to be public, which I am not, for it would be some charge to me to be in a messenger's hands, though I could not be a sufferer further. I have also laid before you that I am indicted in Sussex for a rout (riot) for meeting the Duke of Monmouth last February twelvemonth and it will come to trial at the March assizes. I beg your kindness in it, for first at that time I was not out of the town with the company, and next I never will offend in that kind more and am heartily sorry that ever any indictment should be preferred against me though in never so small a crime. [Ibid. No. 43.]
Jan. 15. Account by Robert Stephens of proceedings at the Guildhall sessions. Thomas Benskin was fined 40s. for printing the Domestic Intelligence. — Judith Jones, a hawker that serves the Amsterdam coffee-house, was fined 13s. 4d. for selling the pamphlet entitled The irregular Account of swearing the two pretended Sheriffs. — Francis and Eleanor, the son and daughter of old Francis Smith, bookseller, traversed their indictments till next sessions.—Gabriel and John Shadd traversed till next sessions.— Jane Curtis and George Croom were discharged of being bound to their good behaviour, being fined last sessions. [Ibid. No. 44.]
Jan. 15. The Justices and Grand Jury of Dorset to the King. Petition against the incorporation of the town of Poole and especially against making it a county, as has already been presented by the grand jury at two assizes, which has always been of the greatest inconvenience to co. Dorset, the said town having never afforded persons fit to put the laws in execution within it, which has always been a sanctuary to debtors and criminals. By the long settling of a Nonconformist preacher in their church, who has kept alive in them their old rebellious principles, the inhabitants are so universally corrupted that it will be impossible to find loyal men to support a corporation therein. A Quo warranto being lately brought against their corporation, if it shall please his Majesty either on judgment given against them or on the surrender of their charters to command that they may have no more privileges than may stand with his service and the good of this county and particularly that they be not again created a county, he will thereby continue his favours to this his loyal county. Signed by 13 Justices and 15 Grand Jurors. [On parchment. S.P. Dom., Car. II., Case G.]
Jan. 15.
Whitehall.
Warrant, after reciting that the King's pleasure had been signified to the Recorder and Sheriffs of London that, in case on the trial of John South, one of ten gentlemen of the Privy Chamber, he should be found guilty of the death of — Atkinson, they should forbear executing the sentence passed on him till the King's further pleasure was signified, and that on his trial at the Old Bailey last July it did not appear there was any malice in him, but that he was highly provoked by insulting language from the said Atkinson, on which he was found guilty of manslaughter only; for a pardon to the said John South for the killing of the said Atkinson. [Over 1 page. S.P. Dom., Entry Book 54, p. 239.]
Jan. 15.
Whitehall.
Secretary Jenkins to the Duke of Newcastle. You may justly wonder that you have not had an answer sooner to your letter of 26 Dec. I had no opportunity till Sunday last to lay your letter to me and those of Captains Wallis and Wray to you before his Majesty. His orders were that Mr. Attorney should, as soon as may be, issue out a Quo warranto against the town of Berwick and that I should write to you to pray you to engage Col. Strother, Mr. Ogle, Mr. Wallis, Mr. Wray, and any other gentlemen of the neighbourhood of Berwick to give you an account of the abuses and infractions that may be proved against the corporation of Berwick or any of their members. The abuses and maladministrations will be prosecuted, as soon as they are distinctly known, with application and vigour, for his Majesty looks on that post as too important to the peace of this kingdom to abandon it to the licentiousness that ill-affected men are apt to take at such a distance and under a government so little severe as his Majesty's is. [S.P. Dom., Entry Book 64, p. 167.]
Jan. 15.
Whitehall.
Secretary Jenkins to the Lord Great Chamberlain. I had not an opportunity till Sunday last to produce before his Majesty and the lords your letter to me of the arms seized in your lieutenancy. His Majesty is now advising how to dispose of them and of those seized in other lieutenancies, so as may be most fully justified by law. As soon as he comes to a resolution, it shall be imparted to you. [Ibid. p. 169.]
Jan. 15.
Whitehall.
Warrant for a grant during pleasure to Arthur Wynwood of the office of chief porter and keeper of all prisoners committed by the Council of the Marches void by the death of Ralph Wynwood, his father. [S.P. Dom., Entry Book 66, p. 329.]
Jan. 15.
Whitehall.
Reference to Secretary Jenkins of the petition of Thomas Batchellor for a reward for discovering a great quantity of arms in the custody of John White and John Thornay in Nottinghamshire. [S.P. Dom., Entry Book 69, p. 91.] Prefixed,
The said petition, adding that he was commanded by Mr. Strutt, a messenger, to attend and be in readiness, which order he observed at his own expense. [Ibid. p. 90.] Annexed,
Report of Secretary Jenkins. He remembers that the petitioner gave the information mentioned in the petition of arms to be found in the houses of John White and John Thornay, which information was sent to the Duke of Newcastle, whose letter of 30 June last gives an account of a search made in pursuance of the said information, and of the arms found in White's and Thornay's houses, but he does not remember having required the petitioner's attendance or having given him any orders but to leave notice where he lodged, only he then represented that the discovery in his own country of his having given information against men of quality, as White and Thornay are, would be ruin to him and, being subsisting by his clerkship there, he expressed a great desire to be put into some way of subsisting here, since he durst not return to his own country after giving this information. [Ibid. p. 91.]
Jan. 15.
London.
The Duke of York to the Prince of Orange. "Late this night I received yours of the 18 (N.S.) by which I was very sorry to find my daughter had got sore eyes, but was glad to know by a letter I had from her of the 21, which came at the same time, that she was better. Few people have escaped without feeling some way or other the effects which commonly attend such sharp winters as this has been. The Duchess was let blood this day for a sore throat and it has been very fatal to several of the men of quality here, for no less than four English peers are dead within this fortnight besides several considerable gentlemen and many young women. Lord Montagu of Boughton was the last of the peers which died and, if this hard weather continue, we shall still find more ill by it. I see by yours that the Zuider Zee and all your waters are quite frozen up. The river here in the memory of man was never so long nor so much frozen as now, for they go over it in coaches and it is so smooth here before Whitehall and in several places of it that they go on it upon the skates and it is now fifteen days since it was quite frozen over. It is so late that I have not time to say more . . . ." [2 pages. Holograph. S.P. Dom., King William's Chest 3, No. 92.]
Jan. 16. Col. J. Romsey to Secretary Jenkins. My wife has been with me for ten weeks and not stirred out of the room nor can I prevail with her to take the air, though she wants it, without I go with her. She cannot walk, therefore I must entreat you to move the King that I may have leave to go to Hyde Park with her in my chariot. She cannot go home, because her daughter is there sick of the small pox, which she never had. [S.P. Dom., Car. II. 436, No. 45.]
Jan. 16.
Clovelly.
Sir George Cary to the Duke of Albemarle. Again requesting him to advance the affair of the charter of Okehampton. [Ibid. No. 46.]
Jan. 16.
Whitehall.
Secretary Jenkins to Lieut. William Paske. Signifying his Majesty's pleasure that immediately on receipt of this letter he repair hither, and, as soon as he arrives, appear at the writer's office to answer to such matters of misdemeanour relating to the imprisonment of Treager, a custom house officer, and to other abuses and obstructions given to his Majesty's service in the collection of his customs in the Scilly Islands, as shall be objected to him. [S.P. Dom., Entry Book 64, p. 169.]
Wednesday, Jan. 16, 6 o'clock.
Whitehall.
Secretary Jenkins to the Earl of Anglesey. Signifying his Majesty's pleasure that he render himself at the writer's office as soon as he can after the receipt of this. [Ibid. p. 170.]
Jan. 16. The same to the same. Your lordship not attending, his Majesty has appointed 11 a.m. to-morrow for you to attend him here. [Ibid.]
Jan. 16.
Whitehall.
Secretary Jenkins to Lord Dunkellin. Condoling with him on the death of his wife. — I know you cannot but be solicited with many tempting arguments on this change in your circumstances to quit the communion of the Church you are in, but I hope nothing will prevail on you to leave it, which you have embraced not only with full satisfaction, as I have heard you say, to your own conscience, but with particular contentment to his Majesty and joy to the whole government of that kingdom.
When the Lord President comes to Court (for he is now laid up with gout) my Lord of London and myself are resolved to wait on him and to follow him and his advice in anything that is fit to be done and attempted here for your service. [1¼ pages. S.P. Ireland, Car. II. 341, p. 159.]
Jan. 17. P. Burton to William Eyre, Justice for Wiltshire, at Bradford. I am commanded by the Attorney General to take care of the prosecution of Braddon for endeavouring to get witnesses to prove that Lord Essex was murdered in the Tower and troubled you with a letter by this day sennight's post and begged two lines in answer. It was to desire you to come to London by the first day of term that the Attorney General may discourse you in order to that trial, you having taken some examinations and papers in that business. I am afraid there has been some foul play in the post offices, therefore I have enclosed this to the postmaster. I beg your answer, for, till I have some assurance of your coming, I cannot appoint the trial. I shall take care of defraying your expenses. [S.P. Dom., Car. II. 436, No. 47.]
Jan. 17. Dr. John Lloyd to Secretary Jenkins. My Lord of Oxford having given me an account of your letter to him, particularly expressing your sense of the necessity of having some of our body to attend the business of this city's charter, we have sent up Dr. Wallis and Dr. Levett according to your advice. What instructions my lord or myself were able to think of you will understand by them, who will be ready to attend on you and to receive and observe your commands. You being on all occasions so ready to own the University and to assert its rights as even to prevent its addresses, makes it almost superfluous for me to request your favour. [Ibid. No. 48.]
Jan. 17.
Whitehall.
Secretary Jenkins to the Vice-Chancellor of the University of Oxford. To-day Sir George Pudsey dined with me. I find by my discourse with him that the town, if I mistook him not, oppose our salvo, though I put it to him in the fairest and softest way to prevent umbrage on that side. He told me that the Earl of Abingdon will be here to-morrow and that he would be very much concerned in point of credit with the town if it should be anything worse in its condition (which I dare say the University does not intend) on this surrender, but I perceive that the great palladium they would keep to themselves is the preventing us by all means from getting our peace better secured, and getting a new charter without any salvo to the University. Mr. Justice Holloway wrote last post to the Bishop of Oxford. I'll therefore repeat nothing of what he and I debated and agreed together before he writ. Only I submit to you what number of assistants and solicitors you should send us. I think you cannot send too many, especially if they be of interest as well as diligence; not that Mr. Justice Holloway and I shall be wanting to our power, but that some things may be better transacted by other hands.
The Lord Keeper tells me that your parsonage of Furtho is now vacant. You must have a care to present a good man, that will reside in it, otherwise I am sure it will be made matter of scandal, especially in a college. I am told that Lady Etheridge, widow to our benefactor Edmund Arnold, pretends to present during life. I am confident his donation imports no such thing. If you find it so on reading the instrument, pray send your clerk here to me with a presentation in due form and I will endeavour to dispose her so to accept of that respect from the college as not to disturb us. [Over 1 page. S.P. Dom., Entry Book 64, p. 170.]
Jan. 17.
Whitehall.
Warrants for making James Gonsalez and James Pavia denizens. Minutes. [S.P. Dom., Entry Book 335, p. 75.]
[Jan.] Henry Dereham to the King. Petition for a Nolle prosequi in his favour, and that his long imprisonment and the loss of his places as serjeant-at-arms and quartermaster in the Duke of York's regiment may be considered sufficient punishment for his great offence. [S.P. Dom., Car. II. 436, No. 49.]
[Jan.] Francis Francks, prisoner in the Marshalsea, to the King. Petition for his liberty on his own recognizance, being upwards of seventy. Was committed about half a year ago for misprision of treason on the single testimony of Mr. Leigh (Lea) and, being poor and a stranger without relations except a daughter, who is since distracted with the sense of his afflictions, is unable to procure bail. [S.P. Dom., Car. II. 436, No. 50.]
Jan. 18. Roger L'Estrange to Secretary Jenkins. Understanding by Sir Roger Norwich that Hunt sent his libels to Northampton as by direction from Mr. Lovell of Gray's Inn, and that the thing is proved upon Lovell, it appears under Hunt's own hand that he corresponds with Lovell, who knows where he is. Beyond dispute Hunt is privy to the conspiracy and Lovell knows where to find him. If this may be a ground sufficient for searching Lovell's chamber, 'tis probable his papers may make some further discovery. Nothing is removed as yet, unless by order to his chamber-keeper, for he is out of town himself and expected next Monday. [Ibid. No. 51.]
Jan. 18. The Bishop of Oxford to Secretary Jenkins. The persons you mentioned in your last letter, Doctors Wallis and Levett, now come up to attend you. Before they went I thought it not amiss to let Lord Abingdon know that on the occasion of the city's renewing their charter we were sending up several of our body to take care that nothing might be done to the prejudice of the University, but that we did not desire to take anything from them, only to get secured the night watch, which was the common interest of the University and city. I further told him that misunderstandings and jealousies created most of the troubles in the world and that, if we blindly endeavoured to oppose them and they us, expense of time and money would be occasioned and animosities raised between the two bodies hurtful to both. Therefore I proposed that those who managed the concern of the city might know that the securing of the night walk was all we desired and that they would amicably meet with our friends to try if mutual satisfaction could be given. By his answer I find that the city think they have a promise of having their charter renewed absolutely and have expectations of additional privileges and favours. This seems very strange, his Majesty, as I am informed, having promised at Windsor on our first application that nothing should be done till the University was heard, and indeed any subject is used to have liberty to put in a caveat against a grant that he fears will hurt him and to be admitted to plead for himself. Whatever becomes of our night walk, the support of the University's virtue and the city's peace, it will be very hard if new privileges be given the city in prejudice to the University without our being allowed to speak for ourselves. We, I hope, shall serve the Crown, though nothing be done for us. I wish they may do so, though everything be done for them.
Postscript.—If his Majesty shall not confirm his father's grant nor reinforce his grandfather's and his own order, because this matter is not in the city's surrender, if he shall let his nomination of officers, which is certainly surrendered, be out of a number of men proposed by the Chancellor of the University, we shall be competently secured and I believe that the city, rather than admit of this, would be glad to have King Charles' charter in terms renewed to us. [2¼ pages. Ibid. No. 52.]
Jan. 18. Minutes of the proceedings of the Privy Council. Present, his Majesty, his Royal Highness, Lord Keeper, Lord Privy Seal, Duke of Ormonde, Earls of Sunderland and Rochester, Mr. Godolphin, Secretary Jenkins. Osland says he writ the paper (No. 3) showed him and copied it out of a paper given him by Sir Samuel Bernardiston by his order and believes the handwriting to be Sir Samuel's and that he writ the superscription of the two others (Nos. 1 and 4). He burnt the first original paper before Sir Samuel's apprehension. Has been since kept in town at Sir Samuel's charge and was induced to leave the house by Sir Samuel's lady. Mrs. Williams, a packer's wife in Gravel Lane in Houndsditch, brought him money from Sir Samuel. Has been since at Duke's Place. Memorandum that the letter No. 2 was not shown to Osland.—Earl of Huntingtower attends. Parrot called in. Says he was acquainted with Hone, but never saw —. Mr. Dereham's petition read. Nothing. [S.P. Dom., Car. II. 433, No. 8. p. 21.]
Jan. 18. Warrant to Christopher Lowman, Keeper of the Marshalsea, for the release of Francis Franks, prisoner in the Marshalsea for misprision of treason, he giving his own bond of 100l. for his appearance the first day of next term and for his good behaviour for a year. [S.P. Dom., Entry Book 54, p. 240.]
Jan. 18.
Whitehall.
Reference to the Lords of the Admiralty of the petition of Henry Allen, engineer, representing the inconveniences of the freshwater springs at Chatham and proposing that the same may be absolutely conveyed away for about 1,500l. without any further future charge. [S.P. Dom., Entry Book 55, p. 308.]
Jan. 18.
Whitehall.
Secretary Jenkins to the Lord Mayor. His Majesty having had an account that the several wardmote inquests of the City had made their returns of all lodgers in their respective wards and being desirous that all good use be made of those returns has commanded me to write to you to send for the Aldermen and to deliver to each the returns brought in by his wardmote inquest, and require each of them in his Majesty's name to inform themselves by the best means they can and particularly by the help of such officers and inhabitants as are most trusty and knowing of the quality, condition, employment, and course of life of every one of the said lodgers, particularly who they have among them of the Scottish nation or Nonconformist preachers or other disaffected persons. His further pleasure is that, where any Scotchmen or others known or suspected to be disaffected are found among the lodgers, they be forthwith apprehended and care taken for their examination, and that all persons unknown and who can give no good account of themselves be brought before two Justices and, if they refuse to take the oaths of allegiance and supremacy, be proceeded against as the laws direct. Lastly, it is his pleasure that, if any of these lodgers be Nonconformist preachers, they and all other Nonconformist preachers inhabiting in London and the liberties thereof be prosecuted on the Oxford Act. [Nearly 2 pages. S.P. Dom., Entry Book 64, p. 172.]
Jan. 18.
Whitehall.
Commission to Lenthall Warcupp to be captain of Capt. Copley's late company and to William Smith to be ensign to Capt. Bowes, both in the first regiment of Foot Guards commanded by the Duke of Grafton. Minutes. [S.P. Dom., Entry Book 164, p. 162.]
Jan. 19. William Longwood, collector, and Tristram Webb, waiter and searcher, to Secretary Jenkins. Being informed that Mr. Bowen, a Justice for Suffolk, by the instigation of George Warren of Southwold, an excommunicated person, Joseph Sheeres and Edward Hall, has accused us to you for neglect of our duty, being officers of the Customs at Southwold, we beg you to hear what we have to say for ourselves. We have the certificate of Sir John Rous, Major Allen, Justice Glover and Esquire Knyvett and four ministers as to our loyalty and diligence and that Warren and Sheeres are persons of ill life and conversation and disaffected. Hall is a felon by exporting wool, for which he being by us detected and his boat seized and condemned is the cause of his coming in against us. The person that put them on this is William Weddle, an officer of the Customs at Lowestoft, who endeavoured to corrupt Thomas Glover, an officer in the same port, which he refusing and saying he would not act any thing to prejudice the King's interest, Weddle replied, Damn the King's interest. This is declared on oath by James Smith, rector of Lound in Suffolk. The town of Southwold is a very factious place having two Bailiffs, Benjamin Firth and Philip Parsons. We carrying James Archer and Henry Harle before the latter, who went to make oath about 15 cwt. of wool exported in one Thomas Archer's vessel and carried on board by the said Edward Hall, he refused to take their affidavit and drew a dark affidavit himself, to prevent us prosecuting the offenders, which affidavits he keeps and would not deliver them to us. The said Archer's vessel we have likewise seized and condemned in the Court of Exchequer.
These are the informers against us, which we hope you will take into consideration, and not think anything amiss of us, we having endeavoured to secure his Majesty's interest and having paid into the Exchequer within a year 269l. 19s. 11½ d. for goods seized, which is more than has been paid from that port these ten years. If you think fit to send a messenger for the said Parsons for detaining the said affidavits, we believe it would be much to his Majesty's advantage, the Bailiffs being unwilling to assist us in any thing for his Majesty's service, they being traders and making it their business to defraud the Customs. They likewise suffer unlawful conventicles to be held by Manning, a Nonconformist minister, twice a week there, of which they have been acquainted, yet they did not suppress them, but rather encourage them, and they also suffered Smith, a Nonconformist, to preach in the church. The said Parsons' wife dying about July last, he buried her without a minister or the burial read according to the Church of England, which is the general custom of that town. The certificates and affidavits are before the Commissioners of the Customs. [2 pages. S.P. Dom., Car. II. 436, No. 53.]
Jan. 19. The depositions of Ezekiel Everest taken before Secretary Jenkins. On Thursday 28 June, about 8 a.m., William Smith, Lord Grey's huntsman, came and told him that Lord Grey had been taken up for high treason and escaped and was come to Up Park, his house, where he was hid in the midst of a great wood, he being sent by Lord Grey to desire the informant to get a vessel ready to transport Lord Grey beyond sea. Immediately after receiving this message he spoke with a wooden-legged master of a vessel to set a friend of his over but did not tell him who it was, appointing to take him and his friends on board next day at 11 a.m. at a place called the mine house, near the mouth of Chichester harbour. He went to Up Park that night, where he found Lord Grey in the midst of a great wood in his park, where he had nobody with him save the soldier that had run away with him from the Tower. Lord Grey made all the protestations in the world of being free from what was sworn against him, so that the deponent thought him really guiltless that time and conveyed him, Lady Henrietta Berkeley, Mr. Turner her husband (sic), the said soldier and two servants to the said mine house. They all lay in a wood near the water side till their embarking next day, Friday, between 12 and 1. The informant believes that the wooden-legged master knew not whom he was to carry till he saw Lord Grey on board and thinks he knew of no proclamation. They were at sea till Monday night, when they arrived in Flushing harbour, whence they went in the ship's boat to Middleburg, where they lay in an inn on the market place, and there Lady Henrietta being very sick with her voyage Lord Grey stayed till Wednesday morning and then went for Rotterdam with Mr. Turner and the soldier, leaving the informant to take care of her. Lord Grey had some directions from the master of the vessel to Mr. Washington, a merchant at Rotterdam, who lives on the new haven and formerly lodged the Earl of Shaftesbury, as the informant has heard say. Washington kindly entertained Lord Grey, though unknown to him, for about three weeks, the time that Lady Henrietta stayed ill with the deponent at Middleburg. She and the deponent then came to Lord Grey at Rotterdam, but the day after their arrival Lord Grey, Mr. Turner and the deponent went by waggons to Cleve, where they had letters of recommendation from Washington to Mynheer Harmanus de Bressaw, who received them all very kindly. All the persons they saw or knew at Cleve were Sir John Cochrane, his son, one that went by the name of Robert Cooke, whose right name the informant knows not, a Scotchman and Sir Thomas Armstrong, who all arrived about the middle of August and the informant left some of them there last November, Sir Thomas only being of Lord Grey's company, for there was no good correspondence between Lord Grey and Sir John Cochrane and his friends when together at Cleve, by reason of Lady Henrietta being entertained by Lord Grey. While the informant was at Cleve the end of October or beginning of November, the Earl of Argyle with another Scotch lord, whose name he knows not, and several other Scotchmen, and one Smith and his wife with Lock, a tobacconist of London, came to Cleve to Sir John Cochrane, where they stayed two or three days and then returned to Holland. Smith and his wife and Lock with some part of the company went to Utrecht, where they are now. Lord Argyle and the other Scotch lord, being both very poor and having but one man between them, retired to some other part of Holland, where the informant knows not. Smith and his wife, as the informant has heard say, were the persons that entertained Lord Argyle after his escape. The two Goodenoughs were both at Cleve last November, the time the informant came away, with Sir John Cochrane, but are since come to Utrecht, where they are now, as the informant believes. While the informant was at Cleve, Row of Bristol came thither from Amsterdam, having a guide or in truth a guard with him. Row called the night he lay at Cleve at Lord Grey's lodgings, where he told the informant he had 30 guineas given him at Amsterdam by an unknown hand and had letters of credit to Cologne for what money he should want. He had a guide, as he called him, sent with him and was going to Nelthrope and Wade, who were with old Ludlow in Switzerland. About the end of this discourse Lord Grey coming in asked him several questions, as, who had given him money ? How he got out of London ? etc. Row answered, he had 60 guineas given him in London, a good horse was provided ready for him (he said he thought by Trenchard) and that he had directions given him for the West, where to take shipping, etc., but did not tell where he lay in the West. He said he had been maintained these two years by Romsey, who had paid for the clothes on his back and had several times given him two and three guineas and told him they were sent him by Lord Grey and several other lords, whom he did not name, though at the same time Lord Grey denied he had ever sent Row any guineas by Romsey. Row said measures were taken for killing the King and the Duke and that Romsey was for killing the Duke of Monmouth also and for leaving none of the branch alive, Romsey adding, as he said, that the Duke of Monmouth hated them all in his heart, and therefore he looked on him to be a man as dangerous as any of them to their interest (meaning the Commonwealth interest as the informant judged). Though Sir Thomas Armstrong and others were then at Cleve, none of them saw or spoke with Row, save Lord Grey and the informant. Next day Row parted in a waggon for Cologne on his way to Switzerland. Before the time that Lord Grey acknowledged himself concerned in the plot the informant heard but few words from him relating to the public and these were mostly severe reflections on the Duke. The only person the deponent knows that kept correspondence with Lord Grey is Henry Ireton, a kinsman of his. The chief persons that conveyed money to Lord Grey since his escape, as the informant believes, are Lady Grey, his wife, and Ralph Grey, his brother, who the end of July or beginning of August returned him 300l. by a bill drawn on Israel Hayes, merchant of Amsterdam, son of Alderman Hayes of London, as the informant understands. Also 150l. was returned to Lord Grey from John Archer, a merchant of London, about the end of October or beginning of November, and 150l. by the said Israel Hayes last November and 150l. in December. John Archer sent several boxes of cloth and other things to Lord Grey directed for Mr. Washington, though the informant thinks he knew not who they were for. He knows of no more money returned to Lord Grey. The end of July or beginning of August Lord Grey and the deponent after coming to Cleve lay near a fortnight in one room and discoursed every night and one night Lord Grey owned that, notwithstanding what he had denied before the Council, he had been at the two meetings at Sheppard's and that the last time Sir T. Armstrong and himself went together and called at John Trenchard's chamber in the Temple, who was to go to that meeting with them, but he was taken ill that night so did not go. They stayed some time at Trenchard's chamber, and discoursed how affairs stood in the West, whereon Trenchard told them they were ready at an hour's warning in the West, that he would warrant to the number of two or three thousand horse and foot in a night's time and that he was sure they would gather there like a snowball. Lord Grey told him also that he and Armstrong went from Trenchard's chamber to Sheppard's, where were likewise the Duke of Monmouth, Lord Russell, Col. Romsey, Ferguson and Sheppard, with some more whom the deponent cannot remember. A declaration was then read drawn by Ferguson who designed it for inciting men's minds to the intended insurrection. It began by declaring for a free parliament or otherwise to end it in the day of God in battle. Lord Grey further told him that nine or ten pieces of cannon that Ferguson had got carriages made for, were in Wapping, provided for the insurrection, that several Scotch gentlemen were come up to London out of Scotland on the same account, and that it was laid in Scotland as well as here and that several of these persons were to be transported to Holland in Sheppard's yacht and thence were to go to Scotland with the arms the Earl of Argyle had bespoke, which were ready to the number of 15 or 16 thousand, as the informant has been credibly told by others in Holland. Lord Grey added that the utmost day appointed for putting this in execution was 25 July, and that it was ordered that every man should be at his post privately at home expecting the beginning of the insurrection as the same time in Scotland. It was likewise designed, as Lord Grey told the deponent, that the Duke of Monmouth should come privately to Up Park the beginning of July under pretence of buck hunting with Lord Grey, and was to be ready there, as soon as the news came from Scotland, to post away to Taunton with fifty or sixty friends and servants on horse-back, that being the place they first designed him to show himself at.
In August, about a week after Sir John Cochrane's arrival at Cleve, the informant went walking with him, his son and Robert Cooke to a place about a quarter of a mile from the town, where a discourse arose between Sir John and the informant, Sir John having become acquainted with him by coming every day to wait on Lord Grey, not knowing that Lady Henrietta was any other than Lady Grey, which afterwards ended the friendship between them. He told Sir John that he had heard blame was laid on the Scotch as having been too backward in the rising. Sir John told him that no such thing could be imputed to the Scotch, for he and several Scotch gentlemen that were come to London had several times spoken with Lord Russell, the Duke of Monmouth and the rest and pressed them to put things in speedy execution, telling them that the Scotch were ready at an hour's warning and that they only stayed in town expecting the money to be returned into Holland that was to pay for the arms bespoke by Argyle and his friends. Sir John further told him that the Duke of Monmouth had been very backward and had used such expressions as these to him, as how could it be expected he should draw his sword against his Majesty, it was unnatural for him to do it, etc., which made Sir John tell him he must resolve speedily on one thing or another. This Sir John told the informant, adding that they were sure of Scotland and did not question they would be masters of it in 24 hours whenever they began, for they wanted nothing besides horses, which they were to be supplied with from Northumberland. The deponent asked what pretences the Scotch gentlemen had for coming up to London. Sir John answered that as for himself and all that were anything considerable their pretence was about buying land in Carolina and in order to that blind they had been many times with the owners of that island. He and his son and Robert Cooke were to be transported to Holland in Sheppard's yacht with some more Scotch gentlemen, some of whom had been since taken, to get ready the arms bespoke by Argyle and his friends, and then they were to go for Scotland with all expedition. He said also that the Highlands were all at Argyle's back and he was sure he could have 10,000 men there as soon as he stepped ashore and that all the King's forces were not above 18 or 20 hundred strong in Scotland and of them he was sure the third part were their friends. Sir John added that he had had intimate correspondence with Sheppard, whom once they thought to be as honest a man as any in the world and never believed he would have been the betrayer of honest men. Sir John and the informant falling into another discourse concerning Argyle's trial in Scotland, he gave the informant an account of it with all the bitter reflections possible on the public ministers there and told him that the justness of his cause was to be seen in print and he would help the informant to the reading of it, which he did by borrowing it of Mr. Steward, who did not disown being the author. It was entitled The Trial of the Earl of Argyle with a manuscript joined to it that reflected on the whole proceedings at his trial and was the same, as the informant supposes, with that which his Majesty caused to be burnt, when they were taken coming from Holland. The said Steward, being at Cleve the end of August or beginning of September, was desired by Lord Grey to draw a memorial to the Duke of Brandenburg in the name of the Duke of Monmouth, Lord Grey and Sir T. Armstrong (though not with the Duke of Monmouth's knowledge, as the informant supposes) to the effect that whereas they and several others had been forced to absent themselves from England on account of the late pretended conspiracy and not doubting that his Highness was well acquainted with the affairs of England for several years past and knowing him to be a firm protector of the Protestant religion, they addressed them to him for leave to stay within his territories. The said Steward, Sir John Cochrane, and most of the fugitives abroad, when they heard of the Earl of Essex having cut his throat in the Tower, used all their endeavours then and ever since to persuade all people on that side that he had been murdered by some belonging to the Court.
When the informant came from Holland he left Sir John Cochrane and Robert Cooke on New Year's Day (N.S.) at Nimeguen, where he thinks they are privately at this time, Sir John's son being sent to the University of Utrecht some time before. He believes Sir John is very well furnished with money by his returns from Scotland, but by whom he knows not. He believes that the two Goodenoughs are at Utrecht and very poor, and that John Ayliff, Norton, Smith and his wife, Lock and Steward are all there also and in good condition, and that Sir Patience Ward is there likewise and goes not near the fugitives. Ferguson is at Amsterdam, but very poor. His correspondents are, Thomas Dare, who formerly lived at Taunton, Israel Hayes of Amsterdam, Mynheer de Bloom, another merchant, and Mynheer Henry Hynbrooke, and either of these four, he thinks, can always tell where Ferguson is. The informant believes that Argyle with the other Scotch lord and Lord Melvin (Melville) are in Holland but knows not where. He has heard Lord Grey own that, when he was taken by the serjeant-at-arms and was going out of Whitehall, he met Marshall, then Sir T. Armstrong's servant, who told him he had been sent by his master to inquire how things went. He answered that his own business was done and wished Marshall to tell them that, if they had any care of their lives, they should make their escape with all speed, for Sheppard was come in, and that was the last kindness he should be able to do them in this world. At another time he heard Lord Grey own that he, Lord Russell and the rest once thought Sheppard to have been the only honest man in London to be entrusted with a bank of money in his hands, whenever they should raise it for carrying on their designs. He was the least suspected to come in for an evidence. The end of August or beginning of September Lord Grey and Sir T. Armstrong went from Cleve to Amsterdam, where they stayed four or five days if not longer. When Lord Grey returned to Cleve, the informant heard him say that at Amsterdam he had seen seven or eight of the fugitives, namely Ferguson. Ayliffe, Norton, the two Goodenoughs, Thomas Dare with others the informant has forgot. Some of them told Lord Grey and Sir Thomas that Row of Bristol was then in town, but they all thought it not convenient that Lord Grey and Sir Thomas should see him. They told them that Row's money he had been furnished with in London was almost gone and that he gave out as if he intended for England and told them he could swear against all the prisoners in the Tower, and that, if they did not take some speedy care of him, he would certainly be gone, whereon it was agreed they should raise 30 guineas to give him, of which Lord Grey and Sir Thomas gave 10 apiece, the rest contributing to make up the other ten, which were given to Row and persuasions were used that he should go for Switzerland and further promises were made him. Lord Grey likewise told the informant that a man that spoke the language was sent with Row to guard and bring him safe to Switzerland. The informant saw them on their way to Cologne, where Row owned his being taken care for, though by whom he knew not.
The informant is sure that neither Lord Grey nor Sir Thomas will venture to come into England unless Sheppard and Romsey are both taken off, because they owned to him that these two knew enough to take away their lives and that, when these two were dead, they could come into England without danger. He has heard Lord Grey and Sir Thomas talk together of having these two persons killed, but no certain resolution was taken for doing it, as the informant understood. Lord Grey, on reading Lord Russell's speech, said he was sorry Lord Russell should so far forget himself as to say he had been but once at Sheppard's, for to the best of his memory he thought he had been there at both meetings. At the several meetings of hunting the informant was conversant with the Duke of Monmouth, Lord Grey and all the rest of the hunting company. For the last three meetings he often dined with them, but never was made privy to any design, but observed that their meetings made them popular and believes that, whatever designs they had on foot at that time, they trusted to their friends in those parts without giving them any particular account of them.—Giving the names under which Lord Grey and the others were then passing. (Date given in the heading as 19 Jan., in the jurat as the 20th.) [19 pages. S.P. Dom., Car. II. 436, No. 54.]
Jan. 20. George Hilton to Secretary Jenkins. I am arrested through the contrivance of the conventiclers on fobb actions by reason of my endeavours to suppress them and have often been so served by them to my great damage, their chief design being to hinder my further prosecution of them. I shall bail their actions next Wednesday and intend on my enlargement to petition his Majesty for protection against all such fobb concerns for the future. In the interim I am reduced to great straits for moneys to clear my prison fees and expenses during my confinement, amounting to near 10l. If you be so kind as to credit me with what you shall think fit towards defraying it, I will take speedy care to repay it. [S.P. Dom., Car. II. 436, No. 55.] Fastened to the above,
John and George Hilton and John Colingwood to the King. Petition stating that Secretary Jenkins had told them all his Majesty will do is to leave them absolutely to the law, but they are not able to sue all the Dissenters according to their promise without his gracious assistance, and therefore considering that convictions of above 20,000l. are made besides 10,000l. on the aldermen who are now sued, which lies now at issue, and that a great many more had been in the same condition if they had had their expected encouragement and that they had likewise ere this broke and dissolved forty or more meeting-houses, and also driven from their dwellings, made conform or put in prison forty or more teachers, all of whom are now convicted, beseeching a grant of a deputation empowering them to depute fit persons to put the laws in execution, and an order on the security of the said convictions of what sum his Majesty pleases, and promising within two months after such assistance and deputation to put down, make conform or imprison as aforesaid. (Probably a paper of 1682 or 1683.) [Ibid. No. 55 i.]
Jan. 21.
The Talbot Inn.
Ezekiel Everest to Secretary Jenkins. I received a letter this morning from Chichester informing me that the Mayor and Samuel Carleton, the constable, having some information of my being in England, have lately made a very strict search for me and have searched all the houses of the disaffected in Chichester for me. It has occasioned many discourses there, but none knows what to say or think. I am further informed that those people have still very good thoughts of me. [S.P. Dom., Car. II. 436, No. 56.]
Jan. 21.
Taunton.
Stephen Timewell to Secretary Jenkins. Since our demolishing the public meeting-house here I have taken nine private conventicles and made records thereof and have levied the penalty of the Act on some and intend to do the like on the rest, so that now I do not hear of any Dissenters here. Mr. Friend, late taken upon suspicion of the plot, is convicted before me of being at a conventicle the very next Sunday after his coming home here. I took Mr. Trenchard's wife at a conventicle some time since held at the late public meeting-house here. When the late plot broke out, our Dissenters were very much dejected, but, as soon as there was news of the Duke of Monmouth being received into favour, they became strangely impudent and at our coffee-house in a public newsletter (before it was certainly known to us that the Duke had surrendered) 'twas written that he had surrendered but was not to be an evidence, and, since Mr. Trenchard was bailed, divers of our town have been with him in flocks and he has declared to them he will stand for a burgess of our town, whenever his Majesty calls a parliament, and the Dissenters here are very industrious already making votes. I doubt we shall prevent their intentions. [Ibid. No. 57.]
Jan. 21.
Edinburgh.
Sir George Mackenzie, Lord Advocate, to the Earl of Middleton. I have raised a criminal action against Murray of Broughton and therefore it is expected according to our law and the principles of common justice he will be secured by the Duke of Ormonde, Lord Deputy of Ireland, or at least find security to present himself here. This we would do for their kingdom and, being all subjects of one king, it is necessary for preserving his authority that we keep this correspondence. If his Grace requires it, you will get an order from the King. [Ibid. No. 58.]
Jan. 21. The information on oath of Shadrach Fox of London, ironmaster. For about the last five years he had frequent occasions to be at Newcastle, where he observed Richard Viner, a merchant who usually traded to and from Holland, to import divers pistols and swords and Viner told him the like was done and also fuzees in other voyages which he saw not. Viner lodged at the house of Anthony Lamb, deputy searcher in that port, who, the deponent believes, often saw and knew of the importation of such arms and received them in his own house. Viner took great care that the said arms should not be exposed to public sale or view but secretly conveyed into the hands of notorious fanatics. (Giving the names of some of them.) The deponent had occasion for a potter out of Liége, to serve him in the trade of pot-making, and employed Viner to get one for him, which he did, and on his return from Liege declared some time before Lord Shaftesbury's trial that it was a plot contrived against him, and the deponent believes he kept correspondence with Lord Shaftesbury, being told by Viner of a letter he sent him assuring him he could do him good service. Also Viner had in writing The Speech of a noble Peer, and extolled it as a piece of great worth. Viner often told the deponent that Popery was bringing in by the great ones at Court, and it was high time for the Protestants to look about them, and that he would do his endeavour that all true Protestants should be warned against it, and, the deponent prevailing with him for three case of pistols, he declared, if he thought him Popishly affected, he should not have have them for 40l. The deponent believes that Viner makes little difference 'twixt a Papist and a Churchman, for he always accounted them all enemies to his true Protestants. The deponent was informed that Hetherington, now in the Fleet, owing some moneys to Mr. Harvey of Clapham whilst he was in the King's Bench, delivered him or ordered where he should receive sixteen case of screwed pistols for his security, which Harvey accepted. [Ibid. No. 59.]
Jan. 21.
Whitehall.
Warrant for a patent constituting John St. John, Doctor of Laws, Judge of the Court of Admiralty in the East Indies constituted by the last charter to the East India Company, he having been nominated by the Company. [2 pages. Latin. S.P. Dom., Car. II. 359, p. 168.]
Jan. 21.
Whitehall.
Warrant for a commission to the persons therein named of Scotland and England and any two or more of them to pursue and arrest all committers of the offences therein mentioned in the Border counties and towns of Scotland and England as well within Scotland as England from place to place or from one kingdom to another, as also appointing the said commissioners or any two or more of them, of whom one is to be of Scotland and the other of England born, to inquire from time to time, according to the laws and customs of the places wherein the offences were committed, of all unlawful assemblies, depredations, imprisonments, murders, manslaughters, burglaries, ravishments, firing of houses and other oppressions committed within any of the said places by whomsoever committed and to determine all the said premises, the clerk to the commissioners of Scotland to be deputed by the Justice Clerk, and this commission to be sealed as well under the great seal of Scotland as under the great seal of England. [8 pages. S.P. Scotland, Warrant Book 8, p. 240.]
Jan. 21.
Whitehall.
Warrant for a commission to the noblemen and gentlemen therein named for auditing the accounts of the Treasurer Principal, Treasurer Deput, cashkeeper, and receivers of the rents and revenues from 1 May, 1682, the date of the entry of the Marquess of Queensberry, Treasurer Principal, to that office, to 1 May, 1684. [3 pages. Ibid. p. 248.]
Jan. 21.
Whitehall.
Warrant for a gift to Andrew Middleton, muster-master general of the forces in Scotland, of the escheat of—Falconer of Feisdo, sometime Warden of the Mint, now fallen in his Majesty's hands and at his gift by reason of escheat through his being guilty of the crime of self murder. [Docquet. Ibid. p. 251.]
Jan. 21.
Whitehall.
Warrant for a gift to Adam Cockburn of Ormiestoun of the escheat of George Cockburn, son of the deceased Sir George Cockburn of Ormiestoun, which pertained to him at the time of his denunciation to the horn, and now pertains to his Majesty by reason of escheat. [Docquet. Ibid.]
Jan. 22. J. Bosly to Sir Joseph [? Williamson]. Entreating him not to send for the 100l. till Friday, having been disappointed in receiving money from Holland, the post being not yet come. [S.P. Dom., Car. II. 436, No. 60.]
Jan. 22.
Whitehall.
Warrant for a pardon to George Montague, found guilty at the last Old Bailey sessions for Middlesex of the killing of Lewis Brian, a carpenter, with Sir Thomas Jenner's report (see below) annexed. [Nearly 2 pages. S.P. Dom., Entry Book 54, p. 241.] Annexed,
George Montague to the King. Petition for a pardon. About 8 p.m., 2 Jan. last, the petitioner with a Mr. Molineux, Mrs. Fisher and her two daughters were walking in the street, he and the two daughters being foremost and Mr. Molineux and Mrs. Fisher about 50 yards behind. Then some quarrel arose between Molineux and the person killed by Molineux as he believes, but he did not see or hear any thing, being so far distant, till he heard the cry of murder. Thereon he with the two daughters went back to the person wounded, who, Molineux being fled, charged the petitioner, being in the like habit with the first, and thereon the petitioner was seized but after bailed, but he surrendered himself and put himself on his trial and hoped that Mrs. Fisher and her daughters would all testify for him. But the two daughters, being also indicted for the same fact in the same indictment, though acquitted, he was thereby deprived of their testimony, and Mrs. Fisher, for fear as the petitioner believes, absented herself, and he was found guilty of the murder of this person whom he never knew nor had anything to do with. [Ibid. p. 244.]
Reference thereof to Sir Thomas Jenner, Recorder of London, with the four affidavits annexed. 21 Jan., 1683–4. [Ibid. p. 245.]
His report that none of the matters now alleged and made out by the annexed affidavits appearing at the trial nor any other persons being proved to be there when the person was killed, with other probable circumstances then proved, might be sufficient to induce the jury to find him guilty, but, it being only circumstantial evidence and he being deprived of his witnesses that might have manifested his innocency, he submits the consideration thereof to his Majesty, as a proper object for his mercy. Jan. 22, 1683–4. Inner Temple. [Ibid.]
The affidavit of Samuel Fisher. The 3rd instant he came to town from Portsmouth and soon after the wife of Mr. Molineux came to his house and immediately fell into a great passion with tears, saying she was for ever undone, for her husband the night before had wounded a man, and, if he died, her husband would be hanged, and wished it had been Mr. Montague that had wounded the man, saying he had friends to get his pardon, but her husband had none, yet a friend had sent her 10 guineas to carry her husband for France and she hoped he was halfway thither by that time. Jan. 18, 1683–4. [Ibid. p. 246.]
The affidavit of Elizabeth, wife of Samuel Fisher. The 2nd instant she and her two daughters supped at the house of Isaac Molineux in New Green Street, St. Martin's in the Fields, where was Mr. Montague. After supper Mr. Montague and her two daughters leading him went home towards the deponent's house and Mr. Molineux leading her followed them. On a sudden Molineux stopped (two men then passing by) and went away from her after the two men as she supposes, but soon after, before she got to her house, she heard two persons passing by say there was a murder. (About Mrs. Molineux, as in the last affidavit.) She did not appear to give evidence at the Old Bailey, because she was then sick in bed and could not go out but with danger to her life. Jan. 18, 1683–4. [Ibid.]
The affidavit of Capt. Edwyn Sandys. The 2nd instant at night one of Mr. Fisher's daughters told him that Mr. Molineux had killed a man. He being a soldier in the deponent's troop in Lord Oxford's regiment and an orderly man, the deponent immediately sent his man to his house to see for him, who brought word he was not at home. He afterwards sent again, but Molineux was not to be found, but absented himself and, the deponent is informed, has done so ever since. Jan. 19, 1683–4. [Ibid. p. 247.]
The affidavit of Major Edmund Ogar. Referring to a conversation with Mrs. Molineux to the same effect as in Samuel Fisher's deposition. Jan. 19, 1683–4. [Ibid.]
Jan. 22.
Whitehall.
Warrant after reciting the petition of the wife of Jacob Watkins, representing that some dispute happened in Thames Street 13 Dec. last at night between him and George Spence, in which Spence's cravat was taken off his neck, for which Watkins was found guilty at the last Old Bailey sessions and sentenced to death, and praying a pardon as he was then in drink, and this was the first fact of the kind he ever committed, a reference thereof to the Attorney General and his report that he conceived him a fit object for pardon; for inserting his name in the next general pardon for poor convicts of Newgate and putting him into the clause of transportation. [Ibid. p. 243.] Prefixed,
The said petition and report. [Ibid. p. 242.]
Jan. 22.
Whitehall.
Secretary Jenkins to Sir Thomas Clayton. I am requested by a loyal clergyman, John Whitefield, to recommend to your favour a son of his, now of Brasenose, who will appear shortly as a candidate for a fellowship at Merton. I could not refuse him, whom I have known for some years to have behaved very zealously and actively for the King's service, and by the good character I have of his son I hope I shall deserve your favour as far as the statutes and rules of your college will allow. This is all I can expect from you. [S.P. Dom., Entry Book 64, p. 174.]
Jan. 22.
Whitehall.
Secretary Jenkins to Mr. Eyre. The Attorney General has appointed the cause of Mr. Bradon, whom you committed in Wiltshire, to be tried 1 Feb. at the King's Bench bar. It is necessary you should be here to give your testimony on his Majesty's behalf, for which reason you are desired to come to town the soonest you conveniently can. Mr. Attorney trusts you will not fail to be here by the 27th. [Ibid. p. 175.]
Jan. 22.
Whitehall.
Secretary Jenkins to the Mayor of Newcastle-under-Lyme. Some months since an instrument under the seal of your borough was presented to his Majesty wherein the then Mayor and corporation certified their choice on the death of Daniel Watson, late Steward of the borough, of John Turton of Alderways to be Steward and besought his approbation of the said election according to the power reserved in the charter, which his Majesty did not think fit to do, but his Majesty, having received ample testimony of the loyalty and ability of Peter Broughton of the Middle Temple, recommends him to you as fit for that office and, if you elect him to be Steward in the room of the said Daniel Watson, he will readily approve of that election. [S.P. Dom., Entry Book 66, p. 330.]
Jan. 22.
Whitehall.
The King to the Lord Deputy. Warrant for the creation of James Hamilton, one of the Grooms of the Bedchamber, to be Baron Hamilton of Bellamont, co. Dublin, with remainder to the heirs male of his body in consideration of the extraordinary loyalty and services of his father James Hamilton, late one of the Grooms of the Bedchamber, who lost his life in the King's service at sea. [2 pages. S.P. Ireland, Entry Book 1, p. 35.]
Jan. 23. The information of Mr. Lea. About the beginning of last May Richard Goodenough inquired of me whom we had in our parts for a fit manager of a division. I told him I thought Charles Bateman a fit person. He desired me to acquaint him with the design and I told him the whole matter, which he willingly consented to. Then I told Goodenough and they met and discoursed about the matter. Afterwards Bateman told me I must have a care and speak at a great distance and that he was willing to assist, if he could see a cloud as big as a man's hand. Afterwards I called on him by his appointment to go and speak with Goodenough but, being early, he went to speak with a sea captain somewhere about the Haymarket and thence to see the Duke's coachman. Bateman took several turns about the Duke's stables with me and inquired of the grooms about the Duke's horses and they satisfied him that the Duke had several horses kept in the country. Thence we went to the Duke's in Soho Square and Bateman was told that his gentleman was dressing him. Thence we went to the King's Head tavern near that place and Bateman told me I should see the Duke and that he was honest and willing. A little time after Williams, the Duke's gentleman, came and gave us breakfast. As we went thence, Bateman told me that the Duke had told him he was glad he came acquainted with those Protestant lords and assured me the Duke was very right for the Protestant interest and that we need not mistrust him. We afterwards called to see Goodenough but were too late and went to the Young Devil tavern and had further discourse about the business of seizing the King, the Duke of York, the City, the Tower, the Savoy, Whitehall, etc., and he told me his sense was that it must be all done together and assured me that the Duke of Monmouth had several horses in the country for the purpose and that his servants were generally right. [1½ pages. S.P. Dom., Car. II. 436, No. 61.]
Jan. 23. Account of the proceedings at Poole on the Quo warranto. It having been presented by two grand juries of Dorset that the corporation of Poole and especially their being a county was a nuisance to co. Dorset and, by reason of their being totally disaffected, dangerous to the government, and the gentlemen of Dorset having drawn up several heads of evidence of the forfeiture of their charter, which the Attorney General considered were good causes of forfeiture, his Majesty was moved by the Lord Keeper last Trinity term that a Quo warranto might go against them and they were served with it before the end of the term. The beginning of the long vacation the people of Poole applied to divers Dorset gentlemen to intercede for them but they refused. Towards the end of the vacation Mr. Skutt of London coming to Poole they applied to him, who in consideration of their settling a dispute between the town and a nephew of his and, as it is said, on their promise of choosing him a member of parliament undertook the business and got them to make an address filled with false protestations of loyalty but without a word of submitting their charter. Skutt being assured this would not be received drew and sent them a new address which was sealed with their common seal and presented to the King and some directions were given to the Attorney General to send down an instrument for surrendering the offices of trust in the corporation in order to make a regulation in the same manner as was proposed for London. This instrument has lain before them near two months and is not yet sealed. In the meanwhile the gentlemen of Dorset, knowing nothing of these transactions, prepared their evidence for going to trial on the Quo warranto and now, finding that things have been misrepresented to his Majesty, and knowing that the proposed regulation will be of no avail for his service because there are not honest men enough in the town for magistrates and officers or, if there were, there is no loyal party to stand by them, have petitioned that his Majesty would command the Attorney General to proceed on the Quo warranto or, if the town will surrender their charter and his Majesty make them again a corporation, that it may be with no more privileges than will be for his Majesty's service and particularly that they may be no more a county. [Ibid. No. 62.]
Jan. 23.
Whitehall.
Reference to the Lord Keeper of the petition of John, Earl of Rutland, William, Earl of Powis, Mervin Tuchet and Sir Charles Waldgrave for a grant of the custody of the eldest son of Sir John Fortescue, deceased, he being a lunatic and the said Sir John having by his will committed the tuition of him to them. [S.P. Dom., Entry Book 55, p. 308.]
Jan. 23.
Whitehall.
Warrant to Henry Howard, Commissary General of the Musters, after reciting that by order of 19 Nov. last he was directed to pass the field officers of the King's regiment of dragoons from the first musters of the respective troops and the staff officers from the time the said regiment would be rendezvoused in a body and that the said regiment is not yet ready to be brought together; for allowing and passing the said staff officers respectively from the first muster of the troops whereof Lord Churchill, the colonel, and Lord Cornbury, the lieut.-colonel of the said regiment, are captains. [S.P. Dom., Entry Book 69, p. 94.]
Jan. 23.
Whitehall.
Warrant to Capt. Ventris Cullombine, captain of a foot company in Sir Henry Belasyse's regiment in the service of the States of Holland under the command of the Prince of Orange, authorizing him to cause drums to be beaten in and about the city of London and other parts of England for raising 200 volunteers for recruiting the said regiment, provided that notice be first given to the Lord Mayor of that city before the same be done therein. [S.P. Dom., Entry Book 164, p. 103.]
Jan. 24.
Whitehall.
Henry Savile to Secretary Jenkins. I moved his Majesty in favour of the bearer, Mr. Joynes. The King remembered his seasonable piece of service and told me he would speak with you about a reward for him but, mistrusting his memory, I beg you to mind him of it. He is the man who discovered to me at Paris the villainy of Morales, a Portuguese, who was contriving an accusation against the Queen at the time the parliaments were so much disposed to hearken to such stuff, and certainly without him a very scurvy false plot had come on the stage against her Majesty. [S.P. Dom., Car. II. 436, No. 63.]
[Jan. ?] The information of John Mendham of Thetford. 8 March, 1680 [–1], after Mr. William Harbord was elected for Thetford, he at his house at Covent Garden endeavoured to procure the informant to be of his party and declared he was engaged with as many of the two Houses and persons of quality as were worth 500,000l. a year, who were all resolved to stand by one another and to go well-armed to Oxford, where he believed they should have a skirmish with the King and his guards, for they were resolved now to know what the King would be at and, if they were forced to buy their liberties and religion of him, they would have better security than his word, for he had broken it so often that they would not take it for a groat. As to the Exclusion Bill, he foresaw it would not do their work, if it passed, and therefore they were resolved to seize the King and make him sign a warrant to take off the Duke of York, for that, if ever he should come to be King, he himself was sure to be hanged, and that the Duke was the right heir to the Crown, but it was better for him to suffer than a great part of the kingdom.
About June, 1681, Harbord showed the informant a doublebarrelled gun and said he would speak to Mr. Cozens, a gunsmith, to make him some more, for they were now resolved to go thorough stick and that he should soon see him at the head of a regiment, and that it was best for the informant to join them, for he himself was able to do more for him than the King could.
About 24 Dec., 1681, Harbord declared that he saw plainly that the King and his Council intended nothing but the ruin of the kingdom.
Harbord has often urged the informant to procure the government of the corporation into his hands and to choose him Recorder and said they designed to get all or the greatest part of the corporations into their power; and then let the King call a parliament when he pleased, they should be ready for him. He has often declared to the informant that, if the King stood by his declaration that he would govern by law, then they would do well enough with him, for, so long as they could hold Sheriffs of London, they could have juries to do their business, and also that, if the informant set on foot any address to the King from the corporation of Thetford, he should be called to question for it in the next parliament, for he believed Lord Paston would be thrown out of the House for countenancing the Norwich address.
Mr. Mendham can also prove by others that Mr. Harbord declared at one time they should not do their business till they got most of the bishops hanged, and at another that he said he was sure that, if ever the Duke of York came to be King, he (the said Harbord) should be hanged, at another that he declared that they must make a bargain with the King for their liberties and religion and at another that the King could not hold out long and Mr. Necessity would shortly knock at Whitehall gate and then they would mumble him. [Overpages. S.P. Dom., Car. II. 436, No. 64.]
Jan. 24.
Whitehall.
Secretary Jenkins to Mr. Mendham. A paper of informations he had some time since presented to the Lord Keeper being read before his Majesty signifying his Majesty's pleasure that he should repair hither and wait on Mr. Attorney General as soon as he can. [S.P. Dom., Entry Book 64, p. 175.]
[Jan. 25.] —to Secretary Jenkins. The enclosed letter to his Royal Highness including a relation of things belonging to his interest, it was thought fit he himself should have the first sight of them. I have therefore presumed to commit the care of it to your Honour. (Undated, post mark 25 Jan.) [S.P. Dom., Car. II. 436, No. 65.]
Jan. 25.
Nevis.
Sir William Stapleton to Secretary Jenkins. The contents of your letter of 17th Sept. last relating to the pirates complained of by the French Ambassador shall be, as much as in me lies, obeyed, but, as he gives no names of ship, commander or men, it will be hard to discover any of them. Too many of them are received and protected by the Governor of St. Thomas, Adolphus Esmit, as you may see more at large by the letters and depositions sent to the Lords Committee, and the French Ambassador mentions nothing of the Trompeuse, Jean Hamlyn commander, a French ship and all Frenchmen on board her, that plundered eleven English ships and tortured and murdered many of the King's subjects. (Then follows the passage printed in State Trials, Vol. IX, col. 437, about his securing and sending home James Holloway.) In the meantime I send a copy of his letters and of a paper setting forth some reasons for his being concerned. The originals he has owned to me to be his hand. I thought it best to send them, when he goes, by Mr. Blackburn, clerk and Fellow of Christ Church, Oxford, they being of little use till he goes home, where you will find a dash over the material words or lines. Pray show the copies and originals to his Royal Highness, he being therein impudently traduced, besides intolerable reflections on his Majesty and government. I will take a bond from the master for Holloway's delivery to a Secretary of State or the order of one of the Privy Council or to the governor or chief magistrate where the ship shall first arrive. Please acquaint his Majesty herewith and that William Wade, grocer in Bristol, brother to Nathaniel Wade mentioned in the list, be secured before it is known that Holloway is in custody, because both their evidences may do some service as Holloway informs. If the description of these conspirators were sent to governors abroad, I do not question but some of them may be secured in the plantations.
Postscript. — Pray make an apology to the Lords Committee, if it be a fault not to impart the premises to them, for I thought it out of their province and that they might not meet time enough to secure the party. I have had since three more names given me by Holloway, who were of a smaller cabal of conspiracy in Bristol, viz., Samuel Jacob, apothecary, Thomas Tyler, mercer, and Benjamin Adlam, sugar-baker. [2 pages. Ibid. No. 66.] Enclosed,
Warrant for the apprehension of Holloway dated 17 Jan. and warrant for keeping him in safe custody. [Ibid. Nos. 66 i, ii.]
James Holloway to his brother-in-law William Guest at Birmingham, his cousin Abel, Walter Stephens, Michael Pope, his uncle Tatham, his cousin John Tatham, his uncle Burnell, and his old friend, all in England, of various dates between 3 and 10 Jan., 1683–4. All on private affairs and, requesting them to send him saddlery, boots and various other commodities for trading. [Ibid. Nos. 66 iii-ix.]
John Milward (i.e. James Holloway) to John Adey, merchant in Nevis. On business and requesting him to forward the above letters. [Ibid. No. 66 x.]
Account of why and how far Holloway was concerned in a design to oppose Popery and arbitrary government. First, how he came to be concerned. Ever since he knew anything of trade his public spirit induced him more to the nation's interest than his own. Having some knowledge in the linen trade and finding it might be easily brought to perfection in England he in '78 for some time attended the last session of the Long Parliament, making what interest he could to get an Act passed for its encouragement. What he proposed was taking with both Houses and at Court also, all seeing somewhat of advantage to themselves in it, by which he gained great acquaintance with lords, commons, courtiers and others, from some of whom he had accounts how things went concerning the Popish plot and other affairs, and then had better thoughts of our master than since, but greater business prevented his designs. That parliament being dissolved and another called, he attended that also and all that have been since, but they had such great concerns in hand that he could get nothing done, yet was persuaded to wait in hopes of an opportunity. He thus gained more and more acquaintance and came to know more how things were managed for the Popish interest and that, whatever was promised of good, nothing would be performed. In short he heard and saw so much that with others he was easily convinced that there was nothing but ruin designed for England, and that it was high time to make some preparation for our own defence, our defender choosing rather to destroy all his dominions, viz., the Protestant interest in them, than part with a treacherous brother.
[Secondly, when College was acquitted] according to law by an honest jury, how was the county of Oxon searched for such as would believe the evidence and what Papist ever had such unkind usage at a trial as he had, how did both judges, counsel and juries at his trial show their resolution to hang him? And how has malice appeared against those Sheriffs that made conscience in returning honest jurors and jurors that would not be tools for the Popish design, viz., Bethell, etc., Sheriffs and Wilmore, etc., jurors? And how often have blind tools cried out, The King could have no justice, when jurors would not hang Protestants for nothing? What shame is it that Englishmen, professed Protestants, should ever be such slaves and tools to serve the Duke, betraying all their posterity?
Thirdly, he could not but see that Popish and arbitrary design in taking away charters and how people by fair promises, with which they have been so often cheated, have been lulled into a belief that they should have far greater privileges and so have given them away. With note that this paper was taken out of James Holloway's chest. (Imperfect, a line or two being missing at the beginning of the second paragraph.) [Ibid. No. 66 xi.]
Copy of the last paper and of all the above letters except those to "old friend" and Adey, with certificate by Sir W. Stapleton that the preceding are copies of their originals found in James Holloway's custody and that he has owned them all to be his handwriting. [Ibid. No. 66 xii.]
Certificate by Sir W. Stapleton that Holloway owned the original paper to be his hand act and the letters also. [Ibid. No. 66 xiii.]
James Holloway to Sir W. Stapleton. It has been my hard fortune to hear too much of public affairs and to have too much a public spirit for one of my capacity, which has not only proved a loss of many hundred pounds to me but brought me to my present condition. What has been proved against me I know not, but whatever is true of it I will own, when I hear it. The two bad years past in these islands, I having large effects there, brought me in trouble with my creditors before any plot was discovered, which made me abscond. When absconded, I heard I was mentioned as concerned in the plot and being from home things went the worse on my side. I have been guilty of many rash words and actions and all through the acquaintance I met, when I thought of nothing but the promotion of the interest of the King and kingdom. What I endeavoured in that behalf was best known to the members of both Houses, especially to the Earl of Clarendon, the Lords of the Treasury, and the Commissioners of the Customs. As to my flight to these parts, it was not through fear or distrust of my prince's mercy, but a design to look after what I had here. Had I more feared being taken, I might have continued in France or not come into these parts, where I am so well known. When I was taken at St. Eustatia, I might have made my escape. I have not had more content, since I came into these parts, than since I have been taken, for, as I know no sin too great for God to pardon, so I know my prince has pardoned greater crimes than mine. I doubt by your order last night to keep me in irons you have some fear of my attempting an escape, which is so far from my thoughts that, should an opportunity present, I had rather go home and cast myself before my prince for his mercy than do it. I am now in a fourfold prison, 1 in the island, 2 in the fort, 3 a strict guard, 4 in irons, and I only beg I may be cleared of the irons. That I may somewhat deserve favour, I wish you would order it so that William Wade, brother to Nathaniel Wade mentioned in the proclamation, be secured before it is known I am in custody, who with my evidence may do service. No man yet taken except myself can say any thing against him. When cleared of my fourth prison, I would be glad to come into your presence. I desire that what I now write or have spoken to you may be kept private and that none shall be debarred of coming to me, for none shall know what I write or declare to you. As to what I propose concerning Mr. Wade, perhaps I might a little assist you. The bearer is Mr. Bird, my correspondent at Antego, in whose and his partner's hands I had considerable effects, which were all made over to my creditors before I came out or any thing was proved against me, but my creditors doubting the security of what was in their hands made me willing to come out and see how things stood. I hope you will send an order by the bearer that I may be discharged of my irons. [1½ pages. Ibid. No. 66 xiv.]
Attested copy of the last latter. [Ibid. No. 66 xv.]
Jan. 25. Receipt by Sarah Castle to Matthew Bluck for 20l. [Ibid. No. 67.]
Jan. 25.
Whitehall.
Warrant to the Earl of Rochester and the other Commissioners of the Treasury to give directions to the Commissioners of the Customs and the Ordnance officers and all others it may concern to suffer Signor Vignola, the Venetian Resident, to export 40 iron mortarpieces and 100 iron guns of such natures as he shall think fit without their being proved, the republic desiring to have them proved by their own officers at Venice, and that the Commissioners of the Customs take only 5s. per ton custom. [S.P. Dom., Entry Book 69, p. 89.]
Jan. 26.
Westminster.
Dr. Bréval to Sir Joseph Williamson. My curate and clerk have given me notice the last post of the great distress in my parish occasioned by this long frost and the great number there that live by the river only. A public collection was made there but not equal to the want. I have sent my little proportion and, if the secret charity you designed is not quite yet disposed of, it is a very fit place to receive part of it. Mr. Bedard will also be with you to-day for some like purpose. Thus you will not fail of convenient objects for the alms you intended. [S.P. Dom., Car. II. 436, No. 68.]
Jan. 26.
Nevis.
Sir William Stapleton to Secretary Jenkins. James Holloway goes by Capt. Thomas Taylour, commander of the Virgin, and not by Capt. Wilkinson, because the last does not go so soon as I thought. [Ibid. No. 69.]
Jan. 26.
Whitehall.
Reference to the Lord Deputy of Ireland of the report of the Duke of Ormonde dated 19 Jan., 1683–4, on the reference to him of the Duke of Grafton's petition, that the mills and weirs of Kilmainham and the lands of Kilmackeoge therein mentioned are in the possession of Sir Maurice Eustace and have been controverted in the Court of Exchequer and other courts in Ireland by several persons on their several pretensions and that Sir Maurice has obtained several letters from his Majesty in relation to his interest in those mills, weirs and lands and that, before his Majesty can make any certain or valid grant of the premises, it will be necessary that the Lord Deputy be required to send over the true state of the case of those mills, weirs and lands. [S.P. Dom., Entry Book 55, p. 309.]
Jan. 26.
Whitehall.
Warrant to Lord Dartmouth, Master General of the Ordnance, for supplying each of the 12 companies of the Coldstream regiment of Guards with 43 snaphance muskets, 20 pikes, 2 halberts and 2 drums, the old arms to be returned into the stores. [S.P. Dom., Entry Book 69, p. 87.]
Jan. 26.
Whitehall.
Warrant to the same for the delivery to the Duke of Albemarle, captain of the Horse Guards, or his appointee of 50 hand granadoes and 100 fuses to them to each of the three troops of granadiers added to the Horse Guards and for the delivery yearly to each of the said troops of 4 barrels of powder, 121 lbs. of match and such a quantity of shot as he shall from time to time direct. [Ibid. p. 88.]
Jan. 26.
Whitehall.
Commission to John, Earl of Mulgrave, to be colonel of the Holland foot regiment, whereof the Earl of Chesterfield was colonel, and captain of a company therein. Minute. [S.P. Dom., Entry Book 164, p. 103.]
Jan. 26.
Whitehall.
Warrant to Anthony Binnes, messenger, for taking and keeping in custody John Windous and Robert Burkett for causing John Sayle, one of the gunners belonging to the forts of Tilbury and Gravesend, to be arrested without the Governor's leave, and for bringing them before his Majesty and the Council at their next meeting to answer to what shall be objected against them. [S.P. Dom., Entry Book 335, p. 76.]
Jan. 27. Dr. John Lloyd to Secretary Jenkins. The account I receive of the University's affairs from Dr. Levett and the hopeful prospect they seem hitherto to have is in very great measure, I understand from him, owing to your favour, the continuance whereof we most humbly crave. The town, I understand, amongst other things in their petition would have St. Clement's brought within their jurisdiction. This will be, as you will understand, of great prejudice to the University and therefore we hope and desire that no such grant may be made them. As to the increase of their number of Aldermen, we are not at all concerned, but as to the Mayor's being made ex officio as we hear one of the Justices for the county, I believe 'twill be very ill resented by all the gentlemen of the county, in that he will at sessions, etc., take place of them. As to the business of their fair and beast markets, I could desire it might be considered of what prejudice it may prove to the discipline of the University, in that it will almost of necessity occasion more debauchery among the youth of our body, as all such great resorts and conflux of people usually do. [S.P. Dom., Car. II. 436, No. 70.]
Jan. 27.
Craister.
Edmund Craster to Secretary Jenkins. Since my last I am informed that Mr. Hume is making his escape towards Whitehaven and so for Ireland. Col. Ralph Widdrington being at London I omitted to set him in the list I gave you to be in the Border Commission. I hope you are sensible of his loyalty and integrity. [Ibid. No. 71.]
Jan. 28. Sir James Butler to [? Owen Wynne]. Asking him to acquaint Secretary Jenkins that his request is that the prisoners hereafter committed by the Council, except those sent to the Tower, be committed to the Marshalsea, always heretofore the proper prison for that purpose. [Ibid. No. 72.]
Jan. 28. Warrant for a pardon to William Tollemache for the killing of William Carnegie at Paris (see ante, p. 212). With memorandum that this warrant was new writ for the King's hand, with the statutes inserted according to the amendments in the above warrant. [1½ pages. S.P. Dom., Entry Book 54, p. 260.]
Jan. 29.
Newcastle.
Capt. Henry Brabant to Secretary Jenkins. Last Friday I had a letter from Sheriff and Bell that they got to London last Tuesday and had been thrice at Sir Nathaniel Johnson's but missed him, but were resolved to attend him early, and that they waited on you. They have promised me to confess all they know. Sheriff has, I believe, lodged many of the greatest rogues that have gone betwixt England and Scotland and can discover something if he pleases. (About their charges.) John Hyndmarch, a counsellor, lives here, but has an estate at Great Benton in Northumberland, whom I had omitted to put in the number of the Border Commission. [S.P. Dom., Car. II. 436, No. 73.]
Jan. 29. Report by the Attorney General that he has considered the prefixed petition and examined the circumstances on the proofs on both sides, which being various he conceives it fit that the fact should be tried at law before his Majesty signify his further pleasure as to the pardon desired, which will tend to both the petitioner's reputation and the better ascertaining of the crime to be pardoned, and that, in respect of the petitioner's loyal services, his Majesty may, if he please, signify his pleasure to the judges that after his trial no further proceedings be had till his further pleasure be known. [S.P. Dom., Entry Book 54, p. 263.] Prefixed,
Sir William Kingsmill of Sidmountaine, Hampshire, to the King. Petition stating that he stands indicted for the manslaughter of his near relation and intimate acquaintance, William Haslewood, and imploring a pardon, since this unhappy act did not proceed from any malice aforethought but was occasioned by the great provocations and sword of Mr. Haslewood drawn on the petitioner. With reference dated 3 Dec., 1683, to the Attorney General. [Ibid. p. 262.]
Elizabeth and Penelope Haslewood to the King. Petition stating that their brother, William, was inhumanely slain by Sir William Kingsmill, who is endeavouring to obtain a pardon, and praying that none may be granted to him, but that he may be brought to a legal trial. [Ibid. p. 263.]
Jan. 29.
Whitehall.
Reference to the Duke of Norfolk, Earl Marshal, and the Lord Chamberlain of the Household of the petition of Nathaniel Hamond, gentleman usher daily waiter assistant, for a grant of a fee of honour equal with the gentlemen ushers daily waiters, his Majesty having consented that his predecessor, Mr. Purcell, should have one. [S.P. Dom., Entry Book 55, p. 310.]
Jan. 29.
Whitehall.
Reference to the Attorney General of the petition of the Justices for the liberty of St. Albans, praying his Majesty to dissolve the sessions which by virtue of a grant from King James the Earl of Salisbury has power to hold within the said liberty and to supersede the commission of the peace for the same, that so it might be governed like the rest of the county, in regard of the great and growing inconveniency by means of the said distinct sessions. [Ibid.]
Jan. 29.
Whitehall.
Secretary Jenkins to the Mayor of Wells. Having received a letter of the 23rd written by yourself with a postscript by Mr. Packer, his Majesty was acquainted with it, the Lord Keeper and other lords of the Council being present. It is his Majesty's pleasure that you call a meeting of the Aldermen, Mr. Recorder and others that use to assist at deliberations of importance and consider of a way to send a sufficient summons to Mr. Day to appear before you and such of your body as are necessary to be present at his taking the oaths requisite in his case, assigning such time and place that he can have no just exceptions. If he appear and take the oaths, all further trouble will be at an end. If he does not appear or refuses to take the oaths and consequently the office on him, you are to certify his Majesty of the summons and of his not appearing or refusing, as the case may be. When this certificate is sent me, I shall lay it before his Majesty and endeavour to know his pleasure on it. [S.P. Dom., Entry Book 64, p. 176.]
Jan. 29.
Whitehall.
Secretary Jenkins to Lord Fitz-Hardinge. Mr. Day's case has been laid before the King as represented on your part and his own, as also as it has been represented by the Mayor of Wells and Mr. Packer. It appears on all hands that he is an honest and wellaffected man, but extremely averse to take that office that he is designed to do by the charter. He was much wanting to himself that he did not make his application here as soon as he knew his name to be in the list presented to his Majesty for his warrant. The least overture from you would have prevented this trouble to him, had I received it before the charter passed the Great Seal. (Then follows a passage to the same effect as the last letter.) I am afraid his Majesty's further pleasure there will be to declare Mr. Day's place void and direct another to be chosen in his place. I am sorry not to be able to give you a more acceptable account. Though Mr. Packer may have been unfair in this business, yet, it being passed the Great Seal, neither he nor anybody else can remedy it. [Ibid. p. 177.]
Jan. 29.
Whitehall.
Secretary Jenkins to the Bishop of Gloucester. His Majesty has been informed that a clergyman of your diocese, named Willson, as I take it, has got himself by surreption into one of the pardons issued of course to the poor convicts of Newgate. His Majesty approves of your regard towards his pardon but in this case, wherein there is not only a great surprise but also an intolerable abuse, he directs that you put Willson to plead his pardon in due form, before you forbear your proceedings or take off your censures, if any be passed against him. [Ibid. p. 178.]
Jan. 29.
Whitehall.
Secretary Jenkins to the Bishop of Bath and Wells. I refer you as to what concerns Mr. Day to my letter to the Mayor of Wells. I have long looked on the person you speak of as a tool of the party. The King desires you to watch his correspondents and to get, if possible, some of his original letters and, if not those, what transcripts you can. I am exceeding sensible of our misfortune in the present heats at Bristol, but I know nothing so likely to allay them as your appearing frequent among them. I have letters now and then without names, complaining very highly of Sir John Knight, but I am so just to him and to every body else as never to produce any anonymous letters where any man's reputation is reflected on. I wish well to Sir John with all my heart and will do him service, if I can, for his great zeal in the King's concerns. Where we have friends, we must and may take them notwithstanding their little indiscretion. [Ibid.]
Jan. 29.
Whitehall.
Secretary Jenkins to Mr. Packer. I have answered your letter by writing to the Mayor himself, the person principally concerned, from whom his Majesty will expect a return. I shall therefore refer you to him. [Ibid. p. 179.]
Jan. 29.
Whitehall.
Secretary Jenkins to Stephen Timewell. I have several letters of yours to acknowledge. The freshest is of the 21st instant. It has been read before his Majesty in Council and he very graciously accepts of the services you daily render him in the station where you now are. He took special notice of Mr. Friend's and Mr. Trenchard's being deprehended in several conventicles. It is well known that they appeared there to give countenance to their party. You may rest confident that the King knows perfectly who his friends are and that he will stick to them inseparably, they having stuck to him and his father. [Ibid. p. 180.]
Jan. 29.
Whitehall.
Warrant for a confirmation to Arthur Herbert of the grant to him dated 22 Jan., 1683–4, by the Commissioners of the Admiralty of the office of Rear Admiral of England and for a grant to him of the same office during pleasure with the wages of 16s. per diem and wages and allowance for 12 men at the rate of 10s. a piece by the month of 28 days, to commence from 22 Jan. last and to be paid by equal portions quarterly at the four usual feasts. [4½ pages. S.P. Dom., Entry Book 335, p. 76.]
Jan. 29.
Whitehall.
Warrant for the incorporation of the weavers, fullers, clothworkers and woolcombers of Tiverton for the better putting the laws in execution against such as make cloths and stuffs deceitfully, with the liberties, franchises and privileges contained in the annexed schedule of heads. [Ibid. p. 84.] Annexed,
The said schedule. [Over 3 pages. Ibid.]
Jan. 30.
Wells.
The Bishop of Bath and Wells to Secretary Jenkins. The time now draws on for the nomination of places for keeping the assizes and I am informed solicitation is making to have Chard named for this country, a place to which I have a nearer relation than any other except this, yet I always waive my own concern when the King's and the country's are on the other side and therefore cannot but desire you to desire the judges who come our Western circuit to fix on Taunton, the usual place for the winter assizes, where there is much better accommodation and a loyal corporation who deserve encouragement. — Again recommending Mr. Eston, the late Mayor of Bristol, and wishing he may be fixed in some advantageous employ there. — I hear Sir George Jeffreys designs for our circuit. [S.P. Dom., Car. II. 436, No. 74.]
Jan. 30.
Newcastle under Lyme.
Thomas Horderne, Mayor, to Secretary Jenkins. Informing him of the joy with which his letter was received by the corporation and that they have chosen Mr. Broughton, though unknown to them, as their Steward, and apologizing for their too forward choice of Mr. Turton. [Ibid. No. 75.]
Jan. 30. The Mayor and Corporation of Newcastle under Lyme to the King. Having some months since elected John Turton Steward of the borough in the room of Daniel Watson, deceased, which election was not confirmed by his Majesty, they have on his recommendation elected Peter Broughton of the Middle Temple, of whose election they crave confirmation. [Ibid. No. 76.]
Jan. 30.
Loughrea.
Lord Dunkellin to Secretary Jenkins. My many experiences of your real friendship to me and my pious wife assure me you are truly concerned for my loss in her, which is every way great but especially in the particular you take notice of, the education of my dear child. Whatever tempting solicitations and arguments have or may be offered to persuade me to forsake the communion of our mother the Church whereof I am a member, shall not have the least influence on me, for so great is my inward satisfaction in the faith I now profess that by God's assistance I will live and die therein.
My profession and condition allow me but few friends here and none amongst those that ought to be most dear to me, and therefore I must still be troublesome to my friends at Court to depend on their advice and assistance and particularly that of the Lord President and my lord of London and shall be guided solely by theirs and your advice. [S.P. Ireland, Car. II. 343, No. 152.]
Jan. 31.
The Fleet prison.
Edward Trevelyan to Dr. Edward Lake. It is my unhappiness not to have the honour of your acquaintance as I had of your father and brothers, when they lived at Lanteglos by Camelford, and Sir William Waldround and his mother, who I know are your near relations. (Giving an account of the contents of the information of Shadrach Fox calendared ante, p. 230.) A few days after he had been with Mr. Secretary Mr. Blunt, a notorious Fanatic now here, told him (Fox) all he had been about at Whitehall and assured him that nothing against them could be done there but they presently knew it, which makes him shy of making any further discovery that way. If you concern yourself in it, I desire I may see you here, where you may discourse the party himself. [S.P. Dom., Car. II. 436, No. 77.]
Jan. 31. The Bishop of Oxford to Secretary Jenkins. The inhabitants of St. Clement's on the East of the Cherwell are alarmed that the city of Oxford desire to extend their franchises to them and bring them under the heavy yoke of their government, in order whereto by promises and threats and false suggestions they have prevailed on several needy cottagers and inmates to set their hands to a petition desiring that the said township may be brought within the precincts of the city. This is without the knowledge and consent of all the substantial inhabitants and is contrary to the interest of that poor place, and would be utter ruin to them, for, whereas the rents of their houses are now considerable by reason of free trade, when this shall be retrenched and none but freemen of the city permitted to exercise their professions no man will live among them, for those that are freemen will fix in more commodious parts of the city. Besides many burdensome payments and offices will fall on the inhabitants, if incorporated with the city. This township was the greatest sufferer in the late war, many of the houses being demolished to make place for the works and their gardens and orchards cast up into bulwarks, and it would be great pity they should now be utterly undone to gratify the city which on all occasions has flown in the face of Majesty. To avert this all the landholders and substantial inhabitants are petitioners that they may be delivered. These are the men in whom the whole rent interest of that township is vested and who support the burthens of taxes and levies, which, as a neighbour who for many years as the next Justice have been conversant in their affairs, I think myself obliged to certify in their behalf. [2 pages. Ibid. No. 78.]
[Jan.] Rob. Harsnett, rector, and the land-owners of St. Clement's parish, co. Oxford, to the King. Petition against the incorporation of their parish with the city of Oxford, which would subject them to heavy taxes, although some of their tenants, by force or fraud, have been induced to sign a petition in its favour. With 15 signatures. [Ibid. No. 79.]
Jan. 31.
Bristol.
Edward Feilding to Secretary Jenkins. I think fit to lay before you the present state of this city and the loyal inhabitants thereof, old suffering cavaliers with their children, who influenced many more good men lately in the worst of times to turn the scale against Fanaticism and prevent the expectation of the late House of Commons to have Sir Robert Atkins to assist them, we having by great loyalty and industry obtained this point, wherein I allow young Sir John Knight his share of young and accidental loyalty, for which he was more early dignified than his actions or estate deserved. Because his Majesty's dignity would not satisfy his ambition without Sir William Stapleton's place to maintain it, he assumed to himself the manifestation of all our sufferings and long demonstrated loyalty to magnify his late appearance. To get himself a place of profit he has trampled on many loyal citizens of good estate, promising preferment to a few young laymen and two or three clergymen, who certify one for the other and publicly talk and preach against the good old suffering cavalier and rank him with Popery and Fanaticism. This young Sir John Knight last December, when he missed his expectation of being generalissimo of the Caribbees, hasted hither without any declaration of his Majesty or Council to set himself up for a parliament man, personally desiring votaries with promises and menaces, whereby he put our citizens in a great ferment by dividing the loyal men and thereby giving occasion to the almost killed snake of Fanaticism to revive and hiss. [Ibid. No. 80.]
Jan. 31.
Whitehall.
The King to the Earl of Aberdeen, Chancellor, Sir David Falconer of Newtoun, President, and the remanent Senators of the College of Justice. Warrant, after reciting that the Bishop of the Isles at his entry to the bishopric understanding the dilapidations made of the benefice thereof and that the isle of Icolmkill and the greatest part of the lands dilapidated were then in the possession of the late Earl of Argyle, long before his forfeiture intented an action of reduction and improbation of those lands, which is yet in dependence, and that the said late Earl was debtor to the said bishop by few duties of church lands and tack duties of teinds for 1680 and 1681 in more than half of the small revenue of the bishopric for those two years and that the said Bishop and the Bishop of Argyle are informed of designs of the creditors of the late Marquess and late Earl of Argyle to disturb them in their just possession of the tithes disponed to them and their successors since the forfeiture of the said Earl; authorizing and requiring them, as commissioners for regulating the several interests of Argyle's creditors, to take care that neither the said isle nor any of the other lands justly acclaimed by the said Bishop of the Isles be allocated to any of the creditors, till the said Bishop's action shall be discussed, and that regard may be had for satisfying the said Bishop of the few duties and tack duties aforesaid with the first of the said creditors, he having already made faith before them that the same are justly due, and in like manner that the tithes lately disponed to both the said bishops remain unalterably with them and their successors. [S.P. Scotland, Warrant Book 8, p. 252.]
Jan. 31.
Whitehall.
Warrant for a grant, pursuant to the letter of 11 April last, calendared in S.P. Dom., Jan.-June, 1683, p. 171, to Sir William Sharp of Scotscrag, his heirs and assigns, of the lands which formerly pertained to Lockhart of Bankhead, Matthew Campbell of Waterhaugh, Maxwell of Boigtoune, Thomas Hamilton of Raith, Russell of Eastfield, Gavin Paterson of Bothwellsheills, Russell of Windie Edge, James Hamilton of Parkhead and Lockhart of Birkhill and are now in his Majesty's hands and at his gift by reason of forfeiture for the crimes of rebellion and treason contained in the dooms of forfeiture respectively pronounced against them. [Docquet. 1½ pages. Ibid. p. 253.]
Jan. 31.
Whitehall.
Warrant for a gift to James Weir of Kirkfield, his heirs and assigns, of the ward and non-entry of the lands which pertained to James Cunningham of Aikhead, deceased, with the marriage of his eldest son. [Docquet. Ibid. p. 255.]
Jan. 31.
Whitehall.
Warrant for a remission to William Laurie, tutor of Blaikwood, of the crime of treason committed by him in harbouring and conversing with any declared rebels or traitors and of all other crimes of treason or rebellion and especially of the sentence of forfeiture pronounced against him 7 Feb. last, as to his life only and with condition that he shall be liable to confinement or banishment as his Majesty shall think fit, without prejudice to his Majesty and his donators of any benefit that may accrue to them by the said sentence of forfeiture as to his estate real and personal. [Docquet. Ibid. p. 256.]
Jan. 31.
Whitehall.
The King to the Earl of Aberdeen, Chancellor, and the remanent lords of the Privy Council. Warrant after reciting the above remission and an application of James, Marquess of Douglas, stating that many processes are depending betwixt him and his father's creditors wherein there will be many intricate accounts and reckonings, and therefore craving that, till they are brought to a close, the determination of the King's pleasure as to the said confinement or banishment may be deferred, seeing that all the affairs of the said Marquess have been these fourteen years under the management of the said William Laurie, without whose assistance the same cannot be cleared, for appointing to the said William Laurie, free from confinement or banishment, such a time as they shall think reasonable for finishing the said accounts and reckonings, on the ending of which time they are to send the King notice thereof, that he may then signify his pleasure as to his confinement or banishment. [Ibid. p. 257.]
Jan. 31.
Whitehall.
Commissions to John Baily and to William Borthwick to be surgeons of the regiment of Guard and the Earl of Mar's regiment respectively. [Ibid. pp. 258, 259.]
Jan. 31.
Whitehall.
The King to the Marquess of Queensberry, Treasurer Principal, and John Drummond of Lundin, Treasurer Deput. Warrant for payment of 100l. sterling to — Steward, brother of Capt. George Steward, deceased. [Ibid. p. 260.]
Jan. 31.
Whitehall.
Warrant for a remission to Jonet Sinclair within the bailliary of Carrick of the crimes of incest and adultery alleged to have been committed by her with Niven Heron her brother-in-law and of her alleged murder of the child said to have been procreated betwixt them. [Docquet. Ibid.]
[Jan.] — to Zechariah Bourne. Advising him to have a care of himself for there is a design against him and some others. [S.P. Dom., Car. II. 436, No. 81.]
[Jan.] Nehemiah Osland to the King. Petition for release on bail. He was apprehended the 17th of this instant January and next day examined before his Majesty and some of the Privy Council and, having answered freely and truly, hoped to be discharged but is still kept in custody to his great prejudice, having two Chancery suits and his health being also impaired by confinement. [Ibid. No. 82.]
[Jan.] Francis Holcroft, prisoner in the Fleet, to the King. Petition for his discharge; having been a prisoner more than six months. He was taken 28 June last and charged in execution for about 140l. after the rate of 20l. a month for not coming to church according to the statute of 3 Jac. against Popish Recusants. Being a Protestant he has according to the said statute taken the oaths of allegiance and supremacy (13 Dec., 1683, see Calendar of Treasury Books, Vol. VII, p. 1056) and is willing to take the Test. [Ibid. No. 83.]
[Jan.] The Mayor and Corporation of Leicester to the King. Petition for his approbation of John Maior, barrister of Gray's Inn, elected as steward of their court of record in place of Thomas Stavely, lately deceased. (Elected 17 Jan., and approved 19 Feb., 1683–4.) [Ibid. No. 84.] Annexed,
Certificate by Andrew Freeman, Mayor, 20 Aldermen and 21 others of the loyalty and integrity of the said Mayor. [Ibid. No. 84 i.]
Similar certificate by H. Beaumont and three others. [Ibid. No. 84 ii.]
[Jan.] Brome Whorwood to the King. Petition for a nolle prosequi on an information served on him at the end of last term for treasonable words which in the long vacation he was maliciously accused by two of his servants to have spoken. He was ever known as a royalist and a sufferer for the common cause. 'Tis very grievous to him, when he has one foot in the grave, to be blemished with the crime of disloyalty. [Ibid. No. 85.]
[Jan. ?] John Margerum, attorney, to Lord Guilford, Lord Keeper. Petition for leave to proceed at law against — Godden for recovery of a debt of 30l. for cattle sold him by — Bexhill. Godden was arrested for this debt eight months ago, but the officers and soldiers of Portsmouth garrison beat and wounded the bailiffs and rescued him. Being told that the writ should not have been sued without leave of the Governor, the petitioner applied last Michaelmas vacation by his lordship's directions to Mr. Hutchinson, Deputy Governor, for leave to arrest him, which he refused. He uses the trade of a butcher in the garrison, and refuses to pay for cattle sold him. [Ibid. No. 86.]
[Jan. ?] Sir William Kin(g)smill to the King. Petition praying that, being to be tried at the next Hampshire assizes for the manslaughter of Mr. Haslewood, the facts appearing on the trial may be represented to his Majesty before sentence be given, that he may not be excluded from pardon if found to be a fit object. [Ibid. No. 87.]
[Jan. ?] Cornelius a Tilborg, chirurgeon in ordinary, to the King. Petition stating that he took 60 grains of poison before his Majesty and cured himself by his famous antidote, the orvietan, on which his Majesty bestowed on him a gold chain and medal and granted him liberty to sell the said orvietan publicly and privately on stages and otherwise, and that he applied to the Lord Mayor of York for liberty to sell it there, which the Lord Mayor refused, and praying an order to the Lord Mayor, who is now in town, to permit him to keep a public stage on the Pavement in York, where stages have been formerly kept. [Ibid. No. 88.]
[Jan. ?] Robert West to the King. Petition, thanking him for his gracious inclinations to give him some further opportunity of recovering his health, which is daily more impaired and in his physician's opinion will be irretrievable without the speedy use of proper remedies, and praying permission to go to his own house under such security for his appearance as shall seem meet. [Ibid. No. 89.]
[Jan. ?] "A breviate of the evidence against Carstaires, Baillie and others." Major Holmes deposes that the late Earl of Argyle's long letter, No. 3, was to have been carried by Carstaires to Ferguson and that he showed Carstaires letters he had from the said late Earl and that Carstaires often asked him anent Argyle's going to Scotland to carry on the conspiracy and told him that several persons of quality had proposed raising at first 30,000l. and at last agreed to 10,000l. and that the Duke of Monmouth and Lord Russell sent him word by Carstaires of the money to be remitted to the Earl for buying arms and that he was ordered to write this to the Earl by Carstaires who was to carry the letter to Holland and that by Reed in Argyle's letters Carstaires was understood.
(Then follow extracts from Shepard's deposition of 27 June, 1683, printed in State Trials, Vol. IX, col. 372), and from his information of 23 Dec., 1683, and from Zachariah Bourne's information of 10 Dec., 1683, both calendared ante, pp. 163, 142, about Carstaires and Baillie and also one from West's deposition about what Ferguson told him printed in State Trials, Vol. IX, col. 423).
It is to be observed that in the keys for deciphering Argyle's letters there are particular ciphers for Baillie, Carstaires, Sir John Cochrane, the two Cessnocks and Commissary Monro, as likewise ciphers for the Scots gentlemen then in London. It is very remarkable that the ciphers for these Scotsmen appear clearly to be written in James Stewart's hand.
Carstaires was taken under the name of Swan and then called himself Moor, and at last confessed his name to be Carstaires and that he is acquainted with Ferguson, but says he has not seen him since the proclamation anent the conspiracy. Never delivered any letters to Ferguson prejudicial to the government. Confesses he is somewhat acquainted with Rumbold and that he had seen him a fortnight before the report of the conspiracy. Being asked what he knew of this conspiracy answers that that was no place for him to answer in any criminal matter. Has heard the report of some design in Scotland, but cannot own his hearing of it before the discovery of the plot.
Baillie, being examined before his Majesty in Council, will make no answer to the whole affair and, being confronted with Shepard, Shepard deposes that Baillie told him that he advised Argyle to accept 10,000l. and that Mr. Charlton had undertaken to raise the whole sum, which he said he would get remitted into the deponent's hands, to which Baillie makes no answer. Endorsed, "1684" altered to "1683." [Over 2 pages. Ibid. No. 90.]