Volume 42: December 1653

Pages 279-328

Calendar of State Papers Domestic: Interregnum, 1653-4. Originally published by Her Majesty's Stationery Office, London, 1879.

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December 1653

Dec. 1. Council of State. Day's Proceedings.
1. Sir Chas. Wolsley to move Parliament that 2 troops of dragoons, besides officers, be added to the establishment of Scotland.
2. Sir Gilbert Pickering added to the Committee for Dutch Affairs.
3. 1. Order on report from the Committee for Examinations concerning Capt. Allen, late of Lowestoft, Suffolk, that the Admiralty Committee employ him in the fleet, if convenient.
4. Sir Wm. Roberts to report to Parliament the state of the farming of the Post Office, when the report shall be made by a Committee of Parliament appointed to consider that business.
5. Col. Barton to report to Parliament the petition of Abraham Ratte, a French jeweller, that his condition may be considered, and such order given as they judge fit.
6. To write to Capt. Bishop to deliver to Mr. Frost the writings in his hands taken from Capt. Clark.
7. The warrant brought in for payment of 400l. to Major Wade, for carrying on the ironworks in the Forest of Dean, to be signed by 5 of the Council.
8. The letters from Lubec of Oct. 24, and from Hamburg of Oct. 25, referred by Parliament to Council, referred to the Irish and Scotch Committee.
9, 19. 2, 3. The petitions of Eliz. Colson, widow, and of John Bland, merchant of London, and others referred to the Admiralty Committee.
10. 4. Also the petition of Albertus Skinner, merchant of London, to consider whether the commodities which he desires leave to import from France are necessary for the navy, and to report.
11. The petition of John Watson, gunmaker, referred to the Ordnance Committee, to examine what is alleged, and report.
12. The petition of the Governor, Assistant, and Fellowship of the Eastland merchants referred to the Committee for Dutch Affairs.
13. Order on petition of Thos. Raven,—considering what has been done by Council as to suspending confiscation of a ship and goods coming into Newcastle from Holland, on Raven's account, as appears by their warrant of Sept. 20, 1652;—that half the value of the said ship and goods, due to the commonwealth upon the seizure, be redelivered to Raven, the other half being due to the officers of the port upon the seizure, which they had disposed of before the coming of the Council's warrant.
14, 22, 24. The petitions of Edward Fielder, of Gray's Inn; of Anne, widow of Capt. Rob. Holland; and of Col. Mat. Alured, referred to the Irish and Scotch Committee, to examine and report.
15. That of Capt. Jacob Reynolds referred to the Committee for Foreign Affairs, to report.
17. Order on report from the Committee for Examinations in the case of Capt. Swinfen, that Mr. Cradock, Militia Treasurer for co. Leicester, pay him a month's pay for himself and the commission officers out of the Militia money.
21. The petition of Richard Child and others referred to the Committee for Examinations, to speak with the parties concerned, and on hearing both sides, to report what should be done.
25. Order on petition of Daniel Arthur, owner of the Dolphin, for a privateer's commission for the said ship, being homeward bound on a merchandising voyage, that the Commissioners for Customs inquire concerning the matter alleged, and certify.
27. Order on report from the Irish and Scotch Committee, on the petition of Mich. Oldsworth, for the custody of the Registry Records of the Prerogative Office, that all Orders of Council concerning the said office be revoked, and Mr. Oldsworth and the relict of Mr. Parker be left in the same state, in point of possession or right, as they were before any of the said orders were made. Mr. Browne and Mr. Filbrick to deliver up the said records accordingly. [I. 72, pp. 143-149.]
Dec. 1. 5. Specimens [drawn up seemingly for the use of Cromwell] of the style observed by the King in issuing warrants, grants, proclamations, and pardons, the mode of signature and docketting; also the forms adopted in the preparation and tender of such documents, of their passing the seals, &c. [3½ pages.]
Dec. 2. Council of State. Day's Proceedings.
1. Gens. Blake and Monck commissioned to be Generals of the fleet, in pursuance of an order of Parliament of this day.
2. Mr. Sadler to move Parliament that Major-Gen. Desborow and Vice-Admiral Penn be appointed Generals of the fleet, and joined in a commission with Blake and Monck.
3. Rear-Admiral Lawson to be Vice-Admiral of the fleet instead of Vice-Admiral Penn.
4, 24. To order Rich. Bradshaw, resident at Hamburg, to take care to buy masts there not exceeding 2,000l. value, for which money he is to draw bills of exchange on the Commissioners for Customs in London, and to write the said Commissioners to accept and pay the bills, and charge them in their account.
5. To write to Gen. Monck that he is chosen to be one of the Generals of the fleet, and to desire him to perform all things appertaining to his charge, until his commission can be despatched to him.
6. Sadler and Strickland to be a Committee to consider of the former Act whereby the Admiralty Commissioners were appointed by Parliament, and to bring in the draft of an Act for settling Commissioners for the Admiralty in future.
7. The persons this day named Generals of the fleet to be by their commissions appointed for 6 months.
8. Cols. Rob. Blake and George, Monk, Major-Gen. Desborow, Vice-Admiral Wm. Penn, and John Carew to be offered to Parliament as Commissioners for the Admiralty.
9. The petition of the Vice-Chancellor, masters, and scholars of Cambridge University, to be reported to Parliament by Mr. Sadler.
10. Tichborne, Jones, Sydenham, and Wolsley to be a Committee to withdraw and consider of the names of some fit persons to be appointed Admiralty Commissioners, and to report this afternoon.
11. The petition of the Ordnance clerks and also that of the labourers of the Tower, referred to the Ordnance Committee, to report on Wednesday.
12. 6. The petition of John Frederick and others referred to Admiralty Commissioners, to report.
13. Order on petition of Robt. Waterhouse, offering to make a discovery to the advantage of the commonwealth, and craving an allowance for the same, that 1/5 be allowed of all money, plate, jewels, or other goods which he shall discover, and which shall be judged to belong to the State, for his labour therein.
14. The petition of Thos. Davis and John Hunter referred to Cols. Barton and Rous, to consider and report.
15. Order on a paper tendering to Council a discovery on the collection of a duty in Turkey called the Strangers' Consulage, that 1/5 part of the money he shall discover as belonging to the commonwealth be allowed him, in case it be found to be a discovery, and that Paul Hagget be empowered to make search in the Council books from 1635 to 1640, now in the State Paper Office, Whitehall, and also in the Signet Office, to enable him to make out his discovery.
16. The Admiralty Judges to attend to-morrow afternoon to give an account of what proceedings have been had in their court, on the late order of Council for restitution of Spanish wools.
17. The order for granting Col. Slingsby liberty upon bail suspended, and he to continue a prisoner.
19. Order to send the petition of Thos. Weld of Bridgenorth, co. Salop, to Col. Mackworth, Recorder of Bridgenorth, Thos. Kettleborough, Wm. Child, Master in Chancery, and Rich. Corset, and desire them to examine Mr. Walden and his assistants' accounts, and to take care that what money is collected be proportionably divided amongst those who have been sufferers in the burning of Bridgenorth.
20. Order to send the information concerning the return of Scotland to the Commissioners in Scotland, and desire them to consider it, and if they shall find that what is offered may be of any public use, to certify their opinions, as there is a certain person here who may be useful in that business.
22. To discharge George Villa, servant of the Portuguese Ambassador, from arrest, and his bail from security, Council finding him to have been arrested in the wrong of the privilege of the Ambassador. All sheriffs, judges, and officers belonging to Compters in London, are to take notice hereof.
23. The Committee appointed to examine the arrest to send for Thos. de la Wood, serjeant, and the officers of the sheriff of London, who arrested Villa at the suit of Rachel Moone, and to examine them, and report the whole matter.
25. Mr. Sadler to report to Parliament the draft of an Act prepared for constituting the persons therein named Admiralty Commissioners. [I. 72, pp. 151–157.]
Dec. 2.
Court of Wards.
Report of the Committee for Treasuries and Salaries, on a Parliament order of 28 November, that there is due to Ralph Darnell, assistant clerk to the late Parliament, for salary and arrears for a year to 25 March 1653, 200l., which is to be paid accordingly. [G. 138, p. 275.]
Dec. 2.
Bruges ?
7. Abra. Coult to Ralph Parker, at the house of the Prince of Orange, Flushing. I gave the piece of cheese to Mrs. Fawcett, to see what she could do in the sale of it, but there is little hope except the cheese were here, as they pretend they can buy the country cheese for two stivers. Mrs. Fawcett desires you will send her half a hundred for herself, and if you will send her word to whom she is to pay the money, she will do so. Remember your promise and deliver the enclosed letters, and give my respects to my Lord [of Derry], Mrs. Bramble, Capt. Whitington, and your wife. [½ page.]
Dec. 3. Council of State. Day's Proceedings.
1. Order on hearing the Admiralty Judges in the business of the Spanish wools, lately ordered to be restored, that a full restitution be made thereof, and that they be freed from the attachment laid on them at the suit of Mr. Richaut, out of the sheriff's court of London, and from any other arrest that may be brought against them, and that a warrant be issued to the Admiralty Judges to see the same done.
2. The petition and affidavit of Rob. Cougham, with the annexed certificate and remonstrance from Rob. Jermie and Thos. Frere, referred to the Committee for Examinations, to consider and report.
3. The petition of Edm. Tooker referred to the justices of peace for co. Devon, to examine and certify.
4. The room in Whitehall used by the Committee of Parliament for Lodgings assigned to the Committee of Parliament for the Law, to use at such times as the Committee for Lodgings are not using it.
6. The petition of Rich. de la Hoye, merchant of Ross, Ireland, referred to the Customs' Commissioners, to examine the matter alleged, and certify.
7. The petition of George Boschaert referred to the Committee for Foreign Affairs.
8. 8. Order on report from the Admiralty Commissioners on the nonpayment of the salaries of the postmasters on Dover Road,— which Capt. Manley refuses to pay, the service of the State suffering thereby;—that the said Commissioners examine why Manley has not paid them, and report. Annexing,
8. i. Report that Council should direct the payment of the postmasters' Michaelmas salaries, and those due in future, that the service be not neglected.—30 November 1653.
9. 9. Order on report from the Admiralty Commissioners concerning Capt. Wm. Balthazar, that he be released on good bail to Mr. Thurloe, and that his papers be delivered him. Annexing,
9. i. Order in the Admiralty Committee, on references from the Council of State of the petitions of Capts. Wm. Balthazar and Thos. Skelton, that Balthazar has, by commission from Charles Stuart, taken many English vessels. That a little before the passing the late Act recalling mariners from foreign service, he tried to make his peace, came over soon after, and offered to purge himself on oath from needless delay. That Mr. Skelton's prosecuting him is rather from malice than for the service, and that he has declined bringing Balthazar to trial. Therefore they recommend Balthazar's release on good bail, and return of his books and papers.—30 November 1653. [2/3 page.]
9. ii. Copy of the above. [1½ pages.]
10. 10. Order on report from the Admiralty Commissioners on Capt. Curtis' loss of a cable and anchor, by reason of the General's ship being driven adrift upon him, that 50l. be given in lieu thereof, and that the Admiralty Commissioners give order for payment.
11. The report from the Admiralty Commissioners concerning the appointment of several captains to the command of frigates referred to the said Commissioners for further consideration.
12. The petition of Wm. Astell, Wm. Pembridge, Abr. Johnson, and Urian Martison referred to the Admiralty Judges, to examine the whole matter and report. [I. 72, pp. 161–164.]
Dec. 3. Council of State to the Admiralty Judges. On hearing the case of the Spanish wools taken at sea in several ships, brought to London by this State's men-of-war, and decreed by sentence of the Admiralty Court to be restored as free goods belonging to the King of Spain, we do not think it right that the said wools should be liable to arrest on private actions, and therefore authorise you to see effectual execution made of our said decree, and the wools shipped aboard such ships as the Spanish Ambassador shall appoint, and allowed to pass out of port without molestation, that they may be put into the same condition of freedom as they were before. [I. 72, p. 159.]
Dec. 3.
Doctors' Commons.
11. Admiralty Judges to the Council of State. You ordered us on 28th November to recall the commission of Capt. Finch, on complaint of depredations committed against [Edw.] Bew and others, but we find that he has no commission. He went out as captain in one of 2 men-of-war set out by John Penticost, of Plymouth, to whom 2 commissions for letters of reprisal were granted. This wrong to the commonwealth we find frequent in complaint, but no prosecution. What shall we do against Penticost for abusing his commission, and shall we recall one or both his commissions ? [¾ page.]
Dec. 3.
The Swiftsure, Hope.
12. Gen. Monk to the Admiralty Committee. Having received order from the Council of State not to lose the opportunity of sailing from hence with such ships as are ready, I called a council of war to know their present state, and find 20 sail will be ready on the 6th inst., if part of their provisions and stores are sent down in time, about which I have written to the respective officers concerned for their supply, but we desire it may be seconded by you, that so, if wind and weather permit, I may set sail.
Since the embargo has been taken off, seamen are very hard to be got, although all care and diligence have been used to answer that want, and I doubt we shall be forced to sail with 20, 30, and 40 men short to each ship, except 4 or 5 which are fully manned. I hope care will be taken that the ships which follow may bring men enough for themselves and us, as well as for those ships at Portsmouth, which are in great want. It would be well if the masters of merchant ships were enjoined not to allow more wages to seamen than the State does; also care should be taken for their impressing in every seaport town in England by the chief magistrates of each place, and upon notice I will send vessels for their reception.
John Poortmans has no order for disposing of the prize money he has in hand. Pray send out immediately by reason of our sudden sailing from hence, the seamen's expectations thereof being very high. [1¾ pages.]
Dec. 5. Council of State. Day's Proceedings.
1, 2. A Committee of Council to give audience to the Venetian secretary at Whitehall at 4 next Wednesday, and to the agent from the city of Lubec at 4 next Friday; Fleming to give them notice.
4. The petition of Jas. Mac Dowell, Sir Jas. Hamilton, and John Hume of Renton, referred to the Irish and Scotch Committee, to report.
5. A letter from the Lords Deputies of the United Netherlands, directed to Mr. Thurloe, and dated 5/15 inst., craving the release of certain Dutch officers, prisoners, with the annexed petition, referred to the Committee for Prisoners, to report.
6. The report from the Committee for Examinations on the business of Hatfield Chase, or the manor of Epworth, to be agreed to, and the President desired to sign the deed prepared.
8. The petition of — referred to the Customs' Commissioners, to inquire what quantities of wool, leather, and other provisions have been granted for the supply of Jersey, and to certify what they find, and what quantity of the goods desired by the petitioner they judge fit to be allowed him to be now transported.
9. Fleming to repair to the deputies from the States General, and represent that Council are very sorry for the death of Lord Van de Pierre, their late colleague.
10, 11. Order that Fleming present the petition of John Causton, merchant of London, to the Spanish Ambassador, and desire his interposition, by letters to Archduke Leopold, for doing justice on the persons complained of. Also to write to the Archduke, enclosing the petition, and recommend it effectually to him.
12. Order that a paper given in signed Wm. Dolton, in relation to the 2 children lately left in Whitehall, be transmitted to Thos. Swallow, justice of peace for Middlesex, to examine the whole business, and upon the prosecution of Dolton, to dispose of the children as law directs, and give an account of what he does.
13. Council having considered the petition of James and Eleazar, le Merchant, and other inhabitants of Guernsey, and also the order of Col. Bingham, Governor, of 22 December 1651, concerning the payment of camparts to Jas. le Merchant, concur therewith and hereby order all persons concerned to take notice of it, and make full payment of the due of camparts, and all arrears thereon to him.
14. Order on the petition of James and Eleazar le Merchant and others of Guernsey, praying that the matter in difference between them and John Bonamie, about payments of camparts, might be referred to indifferent persons, — that it be referred to Capt. John Clarke, Deputy Governor of Guernsey, Capt. Nathl. White, Capt. — Waterhouse, and Lieut. Wynn, to hear the whole matter and determine it according to justice.
15. Thos. Blagden, late messenger to the Admiralty Committee, to be recommended to the Admiralty Commissioners now appointed, for suitable employment under them.
16. Order on a resolution of Parliament of September 15, 1653, by which Council is empowered, by such lawful means as they think fit, to make practicable, and bring to effect the discoveries therein intended, that Commissary-Gen. Whalley, Col. Goffe, Col. Grosvenor, and Scoutmaster-Gen. Downing be a Committee to make practicable, inquire of, hear, and determine all matters concerning the said discoveries, which they are to have speedily despatched. To that purpose they are to send for persons, papers, writings, and records, examine witnesses on oath, and use all lawful means for finding out and seizing the said discoveries.
17. Order on another resolution of Parliament of the same date, empowering Council to give ¼ of the said discoveries, that Col. Allan Boteler, who has made and should have proceeded in them, and had the full ¼ by order of Council of Oct. 21st last confirmed and granted him, being lately deceased, Capt. Hen. Grosvenor, proposed by Dame Katherine Boteler, widow of Col. Allan, to proceed in the discoveries, be authorised to bring them to effect, and to have a full ¼ of whatsoever benefit may accrue to the commonwealth from prosecution of the said discoveries, Grosvenor bearing his proportion of incident charges, whether they concern real or personal estates.
18. Order that the said Commissioners nominate a treasurer to receive all such moneys, plate, jewels, &c. brought in, and to pay Capt. Grosvenor his ¼ part thereof as it comes in, either in whole or part, as shall by him be prosecuted, and determined by the said Commissioners, who are to give Council an account of their proceedings.
19. Order empowering the said Commissioners to call to their assistance such counsel as they think fit to carry on their business, and allow them such salaries as they shall appoint. [I. 72, pp. 165–170.]
Dec. 5.
The Swiftsure, Hope.
13. John Poortmans to Rob. Blackborne. I have received your notice of 2 more generals being added, and of the persons appointed as Admiralty Commissioners for the ensuing year. I know few of them, but unless they are as full of the Holy Spirit and wisdom as those excluded, our masters have not acted according to the rule in their choice. When such men are laid aside, if the Lord leave us, we can only say "Righteous art thou, O Lord, because we have not walked in the ways of thy commands."
It is strange that when they have entangled me in so weighty a charge of money, they take no care for my direction and security. I have more eyes on me than before, through the late alteration. Be mindful of Mr. Green; he is a faithful man and fit for his employment. My condition is concerned in the new admirals, but I wait the Lord's leisure, and beg your prayers on my behalf. [2 pages.]
Dec. 5. Grant by Wm. Taylor, alderman of York, John Clayton, junior, of Oakenshaw, co. York, William Wood, merchant of London, Thomas Oates of Morley, William Scudamore of Shipton, and John Crowther, draper of Kingston-upon-Hull, all co. York, to James Danby of York, and Nicholas Sanderson of Hickleton, co. York, of their moiety of the manor of Hemel Hempstead for the sum of 20 shillings. The purchase money was 2,032l. 5s. 7½d., whereof Taylor paid 625l. 18s. 11d., Oates 252l. 16s. 6d., Clayton 554l. 10s. 6d., Wood 253l. 10s. 10½d., Scudamore 239l. 15s. 4d., Crowther 105l. 13s. 6d.; but Taylor having bought the shares of Wood, Clayton, Oates, and Crowther, the grantees are to allow Taylor and Scudamore to take to their own use rents proportionable to the money they have expended. [Parchment, signed and sealed. Interregnum, Box 2, No. 2.]
Dec. 6. 14. Petition of Anne, wife of Capt. Jarvis Russell, commander and part owner of the Katherine, to the Council of State, for an order for payment of the arrears due since 11 April last for the hire of the ship, her husband being at sea, and she being at great straits to provide for her children and others. [1 page.]
Dec. 6. 15. Reference thereon to the Admiralty Committee. [½ page. Also I. 72, p. 171.]
Dec. 6. 16. Petition of James Waynwright, merchant of London, to the Council of State, for an order to the Admiralty Committee to order payment of several bills of exchange drawn upon Council, for money delivered to Rich. Bradshaw, the Commissioners for Inspection not being able to issue a warrant for payment by the Commissioners for Prize Goods, unless they have an order from the Admiralty Committee. [¾ page.]
Dec. 6.
17. Reference thereon to the Admiralty Commissioners, to send a certificate to the Inspection Committee for payment of the money mentioned in Council's letter of 28 Oct. [2/3 page. Also I, 72, p. 174.]
Dec. 6. Council of State. Day's Proceedings.
2. The letter from the consuls and pro-consuls of Dantzic referred to the Committee for Foreign Affairs.
3. Also the petition of Cornelius Van de Hoor.
4. That of Clement Kinnersley referred to the Committee on the Officers of Council.
5. That of Wm. Harwood, Mayor of Winchester, referred to Rich. Cromwell, Edw. Hooper, John Pittman, Hen. Bromesfield, and Thos. Clarke, to examine the matter and endeavour to reconcile the difference between the Mayor and aldermen.
6. To order Capt. Fauconberg to pay 5l. to the executors of Jane Brookes, the late restraint notwithstanding, for so much due to her from the Exchequer, she being in a list of the late King's servants to whom sums were allowed for subsistence, in lieu of the arrears of their pensions.
9. To give liberty to Gen. Marceline to visit the Duke of Richmond at his own convenience, before his departure from England.
10. The instrument brought in for granting the custody of Gilbert Deane, a lunatic of Exley, co. York, to Edw. Saltonstall of Exley, approved and signed.
11. Mr. Thurloe appointed to assign such persons as he thinks fit to print the book Curia Politiœ, and no person whatever to presume to print it without his leave.
12. Strickland and Sadler to desire Mr. Selden's opinion on the proceedings to be had upon the actors in the late action of the Portuguese upon the Exchange.
14. Mr. Strickland te be president of Council for a fortnight.
15, 16. The petitions of Fras. Harvey and of Col. Jas. Heane referred to the Irish and Scotch Committee, to examine the accounts mentioned and the matter of fact, and report.
17. Order that John Poortmans issue the 15,000l. now on board the Swiftsure by orders from the Generals, the receipts of the parties to whom it is paid being his discharge.
18. 18. The Admiralty Judges to proceed with speed in the trial of the Hope of Dantzic, and to report what they do.
21. Order that Lawrence, Sadler, Rous, and Strickland be a Committee to consider the information of Eliz. Alkin, widow, concerning the murder committed by the Portuguese upon the new Exchange, to examine witnesses, and to confer with persons learned in the law of nations, and receive their judgments concerning the proceedings fit to be had upon the same; prepare an answer to the paper from the Portuguese Ambassador, and bring it to Council next Friday. Also to report from time to time what account they receive on their examinations of the business.
22. Fleming to deliver to the agent from the Duke of Holstein the parchment which is signed by the Speaker of Parliament, and sealed with their seal.
23. Order on petition of Judith Spackman,—setting forth that she having lodged for 3 years Jane Brooke, wife to one of the pensioners to the late King, who thus became much in debt to her. and lately died, leaving nothing of value to bury her, being reduced to much extremity in her sickness, and desiring that whereas there was 10l. allowed Mrs. Brooke by the Revenue Committee, of which she only received 5l., she may have an order for the remaining 5l., to enable her to pay the duties of the parish and defray the charges of her burial;—That in case such a pension was due, as is alleged, and that 5l. thereof is unpaid, and that the said Jane Brooke is dead, Falconbridge is to pay the said 5l. for her burial, any order of restriction notwithstanding. [I. 72, pp. 171–175.]
Dec. 6. 19. Order of the Committee for Public Debts, on the petition of Elizabeth, widow of Geo. Fletcher, that Col. Robt. Castell report to Parliament that her husband was very active and faithful against the King's party, was plundered of personal estate value 250l., and the profit of his lands for 3 years, and forced to mortgage them for the support of his wife and 5 children, and they are now likely to be lost without speedy relief. That her husband, at the beginning of the wars, lent 10l. upon the propositions of Parliament, and engaged his own person in the service until he lost his life in Scotland, and that there is 446l. 4s. 6d. due to him as Commissary, for arms and ammunition, for himself, and for his two assistants, whom he fully satisfied before his death.
That as the 446l. 4s. 6d. ought to have been secured to him as a supernumerary upon Crown lands, according to the ordinance of Parliament of 24 December 1647, and as he could not attend at Worcester House to get it bonded as others did, and the time limited by order of the then Parliament was passed for giving that security before his widow could look after it, she is now denied the same without an order of Parliament. That it would be but just that she should have an order to the trustees at Worcester House for bonding her husbands's arrears. [1 page.]
Dec. 6.
20. Charles Longland to the Committee for redemption of Captives and regulating Customs. The Genoese bark sailed for Tripoli on the 1st inst., with John Goodwin's son, who will endeavour to accomplish the redemption of all the English captives there; as she has 14 days to stay, it is possible he will accomplish it. Seeing there are as many officers as common men, I ordered him to treat for them altogether, at so much per man, without distinction of quality, it being your pleasure they should all be redeemed, and bid him stand hard at 150 dollars, and not go higher without necessity, and then not to pass beyond 200 dollars one with the other, the money to be carried over to the Bashaw, and the men delivered.
I understand from some Jews here that a friar of Sicily had collected in that island 14,000 dollars to redeem the captives of that nation, and that he had agreed with the Bashaw at 350 dollars for each officer, and 250 for common men; if the Bashaw should stand upon such terms for the English, let me know how to govern myself, as your former orders will not carry me higher than 200; but if 200 will clear them, I shall draw the money upon you, unless otherwise directed. Besides the 200 dollars a man, there will be other large expenses, as the freight, victualling, and manning of the bark, and supplying the men with money to carry them home, and clothes. With copy of his letter of 21 Nov. [2 pages.]
Dec. 6. 20a. Warrant by the Commissioners for Inspecting the Treasuries to the Treasurers-at-war, to pay 777l. 11s. to Rich. Hutchinson, for the navy, to be issued on warrants from the Admiralty Commissioners. Receipted 14 Dec. [1¼ pages.]
Dec. 7. Council of State. Day's Proceedings.
1. 21. Order on the petition and accounts of the bailiffs of Scarborough of disbursements for the fleet, for a warrant to the Commissioners of Prize Goods to pay them 30l. in full thereof.
2. 22. The petition of Katherine Evans, Katherine Dyall, Jane Wood, Joane Collins, and Avis Cheeke, referred to the Admiralty Committee, to do for them as is usual.
5. To answer the petition of the sons of Sir Peter Richaut that Council have had a full hearing of the matter, and have given such orders as were agreeable to justice, and expect that all persons concerned observe them.
6. The petition of Rich. Moore and Robt. Hamleton, prisoners in Bristol Castle, to be transmitted to Col. Scroope, to examine their condition, and report the same, with his opinion what should be done for their relief.
7. Mr. Lawrence to deliver to the Venetian secretary the paper prepared by Council for him.
8. Sir A. A. Cooper to inquire of Col. Rich what interest he has in the government of Deal Castle, to tell him what has been desired by Capt. Coppin in relation thereto in his petition, and to report what account he receives from Rich.
9. The Admiralty Commissioners to nominate some fit person for rear-admiral of the fleet, and report to-morrow. Also to consider the letter from Mr. Longland about the deportment of Capt. Badiley in the engagement of Leghorn, and to report.
10. Col. Rouse added to the Mint Committee.
11. That Committee to repair to-morrow to the Mint in the Tower, to take an account of the business of the Mint, and to acquaint Council therewith.
12. Capt. Badiley appointed rear-admiral of the fleet.
13, 14. To send to Col. Fenwick and the rest of the [Commissioners] in Scotland the petition of Alex. Grey, and desire them to examine the matter; and if they find it as alleged, to cause restitution to be made to the petitioner. Also to send the petition to the Commissioners in Ireland, and desire them to consider it, and do for him as they think fit.
15. 23. Order approving the following appointments by the Admiralty Committee.
Philip Gethings as commander of the Maidstone.
Anth. Earning as commander of the Bridgewater.
Robert Machy as commander of the Yarmouth.
Robert Taylor as commander of the Gainsborough; and the said Committee are to take steps that they may be commissioned:
16. 24. Order concurring in the report from the Admiralty Commissioners, that the Little President, now arrived at Plymouth from Jersey, with ordnance and arms, should come into the river to deliver her guns at the Tower, many of them proving defective, and the Admiralty Commissioners are to give orders accordingly.
17. Order on report from the Admiralty Commissioners on a reference, that a license be granted to the Golden Bear, to sail with her lading from Yarmouth to Bordeaux, and thence to Hamburg, the parties interested giving security that she shall not, in her return from Bordeaux, touch any enemy's ports.
18. Order on like report on the petition of Wm. Goodlad and other owners of the Margaret and Martha,—which, being taken up to carry ammunition and soldiers to reduce the isles of Lewis and Mull, was cast away by a storm;—that the Prize Goods' Commissioners grant the owners a prize ship at its valuation according to first appraisal.
19. The letters from the city of Hamburg of Oct. 25, also from Lubec of Oct. 24, 1653, referred to the Committee for Foreign Affairs.
20. Order on report from the Irish and Scotch Committee concerning the Fortune, stayed at Dover, to write to the Governor of Dover Castle to release the ship, when it shall appear to him, by certificate from the Commissioners for Customs at Dover, that it is bound for Biscay on a merchants' voyage for merchants' account; and that another person go as commander of her.
21. To write to the Commissioners for Forest Lands to charge their surveyors to take special inquiry of the examination of Edw. Roe and Rob. Corfe, keepers of Alice Holt Forest, co. Hants., concerning the matter wherein they were charged, as to the spoil of timber in that forest. [I. 72, pp. 177–182.]
Dec. 8. 25. Petition of Martin Noell and Major John Taylor, merchants of London, to the Council of State, for a warrant to keep 24 men on board the Morea Merchant, and 16 on board the Providence, free from being impressed. Their ships are designed for the Straits, and are to be laden with pilchards, bought in the West, and if they missed the season, it would be an utter loss, having bought many goods in the Straits, for payment of which they have remitted large sums to Venice. [1 page.]
Dec. 8.
26. Reference thereon to the Admiralty Committee. [½ page. Also I. 72, p. 186.]
Dec. 8. 27. Petition of Giles Vandeput and Nicholas Warren, merchants of London, to Council, for release of their vessel, the St. John Baptist, formerly the Sun, stayed at Gravesend by warrant from General Monk.
She was taken from the Hollanders. They bought her for 920l. at the Prize Office, and spent 2,000l. more in guns, repairs, and victuals. She is bound for Nantes, to take in wines and spirits for the Caribee Islands, and then to return here, for which purpose they have given security in the Tower for her guns. John Van Rhyn, a German, and David Donville, a Hamburgher, are to load her at Nantes, but no Hollander nor enemy of the commonwealth has any interest in her. Her master is a Dunkirker, and through the scarcity of English seamen, she is manned with Hamburghers, Dunkirkers, and such men as could be got. [2/3 page.]
Dec. 8. 28. Reference thereon to the Admiralty Committee. [Also I. 72, p. 185.] Annexing,
28. i. Report by the said Committee that the ship was stayed by their advice, they thinking it of evil consequence that a Dutch ship, manned with strangers, should depart the river, and that they find the information in the petition is true. [2/3 page.]
Dec. 8. Council. Day's Proceedings.
1. The petition of Mountjoy, Earl of Newport, referred to Col. Wm. Boswell and Robt. Stockdell, who are to examine all parties having knowledge of the matter, and proceed according to the powers given them by the late Act for marriage.
2. 29. The letter from Mr. Carleton and Mr. Wilson, dated at Cader, 2nd November last, referred to the Admiralty Commissioners.
3. Hen. Barnes and Thos. Lock, prisoners in Newgate, and Sam. Speed, prisoner with the Serjeant-at-arms, to be released on bonds, each for himself, that they will not for the future act to the prejudice of the commonwealth.
4, 6, 7. To write to Col. Lilburne, to Thos. Fell, George Pigott, and George Toulson, justices of peace for co. Lancaster, and to Thos. Cholmley and Wm. Briscoe, justices of peace for Cumberland, that Council is informed of an intention of certain disaffected persons to land in Lancashire and march privately thence into the Highlands of Scotland; and to desire them to order that all possible care be taken to prevent it, and to intercept the persons in their intended passage.
5. Rich. Hunt appointed minister in Churcholme, or Holme Chapel, co. Chester, and to continue till further order from Parliament or Council.
9. Mr. Lawrence to order the books and other things belonging to the library at James' House to be removed from the room they are now in to the one adjoining.
11. To write to the Earl of Bridgewater recommending that Mr. Porter, who was in the sequestration of the living of —, may have it conferred on him, the incumbent on whose sequestration he had it being dead.
14. Rich. Scutt to furnish the Committee of Parliament for Regulating the Law with fire and candles, their place of sitting being in the room in the orchard [Whitehall], standing into the Thames.
16. The letter from Col. Rob. Lilburne, concerning Thos. Fulford, dated November 8, referred to the Irish and Scotch Committee, to consider and report.
18. The petition of John Caulier referred to the Customs' Commissioners, to consider and certify.
19. The Admiralty Judges to proceed speedily on the petition of Geo. Boschaert, merchant, and determine it according to justice, as directed by an Order of Council of 7 September, or to certify cause to the contrary.
20. 29a. Order on reports from the Committee for Foreign Affairs and from the Admiralty Judges, concerning 16 ships claimed by the Hamburg agent as belonging to that city, and taken at sea by ships in the service of the commonwealth, that all the said 16 ships, with their ladings, be forthwith discharged, the sentence of condemnation pronounced against them notwithstanding, except the Prophet Elias, Mercury, Brewer, and King David, as to which the Admiralty Judges are particularly to report the proofs whereon presumptions are grounded of their being Dutch, in order that Council may, on consideration thereof, give further order.
21. The passes granted for the Louisa and Hunter, from Greenland to Havre de Grace, to be allowed and made good, and the Admiralty Judges to consider whether the ships are liable to condemnation, and determine finally therein.
22. Order on report from the Irish and Scotch Committee, on the petition of Peter Carey and Daniel Beauvoir, of Guernsey, that a warrant be issued to Mr. White, receiver of the public revenue there, to pay them 191 livres 18 sous and 6 deniers.
23. Order, on report from the Irish and Scotch Committee, that the accounts of Rich. Malbone's disbursements in carrying soldiers to the Bath for cure be referred to the Commissioners for Hospitals and sick and maimed soldiers, to examine and report. [I. 72, pp. 183–187.]
Dec. 8.
Council of State to — Cultheth, of Cumberland. Whereas several dissolute persons in your county, formerly known as moss troopers, on being pursued, fly to the borders, you are, with the forces appointed you, to search for and pursue them to the borders or elsewhere, and seize, apprehend, and secure them where you judge fit, in order to their trial. [I. 72, p. 188.]
Dec. 8. Deed of sale by the Trustees for sale of Crown Lands to Rich. Casewell, Inner Temple, London, of Bushy Old Park, with lodge, barn, and timber trees, 23 acres, price 357l. 10s. Acknowledged 13 December, before Edm. Rich, master in Chancery. [Parchment signed. Interregnum, Box 2, No. 3.]
Dec. 8.
Inner Court of Wards, Westminster.
Report of the Committee for Inspecting Treasuries and regulating officers' salaries, that by a Parliament order of 28 December, they have examined what is due to Edw. Birkhead, Serjeant-at-arms attending Parliament, more than formerly certified, and find 13l. 13s. 9d. due on his fee of 1s. a day from 29 September 1652 to 24 June 1653; for wood, coals, candles, torches, &c. from 25 March to 24 June 1653, 50l.; on his pension of 240l. a year for maintenance of his servants for 1 quarter, 60l.; and on his pension of 500l. a year for service, 125l., of which the Committee for Compounding are to take notice. [G. 138, p. 257.]
Dec. 9. 30. Petition of Margett, wife of Edm. Hook, master of the Fortune, to the Council of State, for payment of 13l. 16s. 6d., disbursed by her husband for necessaries for the said ship while in Scotland. [1 page.] Annexing,
30. i. Bill of the said disbursements, 3 March, 1651, to 23 Dec. 1652. [¾ page.]
Dec. 9.
31. Reference thereon to the Admiralty Committee, and shorthand notes of their opinion that they are not in a capacity to pay the money, but consider it should be paid from the contingencies of Scotland. [½ page. Also I. 72, p. 189.]
Dec. 9. 32. Petition of 8 owners of the Samson to the Council of State, for compensation for the loss of their ship, which being taken up for the service at Leghorn by Charles Longland, was fired in an engagement with the Dutch in the Straits, whereby they suffered loss to the extent of 3,000l. [1 page.]
Dec. 9.
33. Reference thereon to the Admiralty Committee. With shorthand note that Capt. Badiley is to state the matter of fact. [2/3 page. Also I. 72, p. 190.]
Dec. 9. 34. Petition of Thos. More to the Council of State for license to import from Denmark, or any port belonging thereto, masts, deals, tar, pitch, hemp, rosin, and cable yarn, in Danish bottoms. [1 page.]
Dec. 9.
35. Reference thereon to the Admiralty Committee. With shorthand notes of a reference to the Navy Commissioners, who are to contract with him. [2/3 page. Also I. 72, p. 191.]
Dec. 9. 36. Petition of Elizabeth, widow of Wm. Colson, master's mate of the Foresight, to the Council of State, for an order to the Admiralty Committee to grant her further relief, the 30l. already received not being nearly sufficient to satisfy the creditors of her husband, who was slain in the engagement with the Dutch on 2 June last, leaving her and her five children in great distress, and in danger of prison. [1 page.]
Dec. 9.
37. Reference thereon to the Admiralty Committee to do as is usual. [½ page. Also I. 72, p. 192.]
Dec. 9. 38. Petition of Thomas Langdell to the Council of State, for an order to the Commissioners for Prize Goods to let him have two of the condemned prizes at their appraised value, having lost his own and his wife's estate in the public interest, and they having nothing left to support themselves and 6 children. [½ page.]
Dec. 9.
39. Reference thereon to the Admiralty Committee. With shorthand note that there are many in like case, and if they should confer this, the precedent would bring them 1,000 suitors. [½ page. Also I. 72, p. 192.]
Dec. 9. Council of State. Day's Proceedings.
1. The petition of Dorothy Rose, widow, referred to the Admiralty Committee, to do for her as is usual.
4. The Committee for Examinations to call for John Spittlehouse, and learn whether he will own his several petitions to Council, and his printed petition to Parliament against Mr. Thurloe, and to report his answer. Col. Rouse to be at the Committee when he is examined.
6. The warrant to Major-Gen. Harrison, Ald. Tichborne, and Lieut.-Col. Thomson, approved, and to be fair written and issued.
7. The petition and papers of Chris. Vine referred to the Irish and Scotch Committee, to order his accounts to be examined, and report their state.
8. Audience to be given to the Hamburg agent at 4 p.m. next Monday, Fleming to give him notice.
9. The petition of John Dumaresque and Joshua Bennet, of Jersey, referred to the Irish and Scotch Committee, to report.
10. That of the Mayor of Salisbury referred to the Committee for Prisoners, to take care that the Dutch prisoners complained of may speedily be removed to some other convenient place.
12. So much of Capt. Cox's petition as relates to Capt. Swanley referred to the Admiralty Committee, to examine Swanley and his accounts, and give such further order as they think fit.
15. The petition of Daniel Stratman, master of the St. Peter of Hamburg, referred to the Admiralty Judges, to examine and certify.
16. The letter from the agent for the city of Bremen referred to the Committee for Foreign Affairs.
20. 40. Order for a warrant to Capt. Fauconberg to pay to Capt. Henchman, for himself and the rest of the purchasers of the lordship of High Peak, in behalf of Col. Hewson's regiment, 43l. 1s. 4¾d. for the same sum paid into the revenue out of the above rents, which were ordered to be paid to the purchasers.
24. Order adopting the report from the Irish and Scotch Committee concerning the trustees and creditors of Sir Allen Apsley, viz., that all matters of account betwixt the said late trustees and creditors be referred to such persons as the former trustees and the new ones, (Capts. Goodlad, Hen. Watson, And. Burrell, Thos. Carpenter, Wm. Blackmore, Wm. Newman, and Rob. Carey) shall by mutual consent nominate, who are to determine the same, so far as they agree unto any sums therein contained; and as to such parts of the account as shall not be so agreed, the referees shall draw out the particular sums wherein they differ, which shall be examined and adjusted by some indifferent persons nominated by Council. Also order that the former trustees of the creditors deliver up to the new trustees chosen by the creditors, and in the said report particularly named, all deeds, evidences, writings, and papers in their hands or which they can come by, concerning the estate conveyed for the creditors' satisfaction, or that relate to any proceedings for its recovery, the new trustees giving a receipt for them, that the said writings may be used for the creditors' relief. [I. 72, pp. 189–193, 201.]
Dec. 9.
41. Luke Whittington to Ralph Parker, Flushing. I have got here after lying a night on shipboard, being run aground by negligence. My service to Sir John Mennes. I have written my lord [of Derry] to lend me 100 guilders for 6 weeks, or I must sell or pawn something. I send him a letter from Mr. Crooke about the wine prize. Pray send me back some letters for me which Mr. Coult sent to you, and send Mr. Coult the cheese and Mrs. Fawsett 100 lb.
They say here that Holland will assist the King and lend him 80 men-of-war. God grant it may prove true. Send me my buff doublet. [½ page.]
Dec. 10. 42. Petition of Edw. [Somerset], Earl of Worcester, prisoner in the Tower, to Parliament, for consideration of his former petition and of his present sick condition, and that his poor lady, who brought a very good estate, may not perish with him through want. Petitioned before for some subsistence where he is, or release on bail to seek it, having only from the State the weekly charge of the prison, but could not find favour, and now the doctor of the Tower certifies that through illness he is in great need of enlargement. [¾ page.]
[Dec. 10.] 43. Petition of Edward, Earl of Worcester, to the Council of State, to favour his annexed petition, and have it presented to Parliament, his case being very deplorable; has no support but 3l. a week, lately sent to the Lieutenant of the Tower, their allowance only paying his prison fees. [¾ page.]
Dec. 10. Council of State. Day's Proceedings.
1. 44. The petition and papers of Thos. Chelstone referred to the Admiralty Commissioners, to examine and report.
2, 14. Those of Thos. Cartwright, merchant of Lynne, and of Joan Gilbert, widow, referred to the Admiralty Judges, to do for them as is usual.
3. The paper given in from M. de Bordeaux referred to the Committee for Foreign Affairs.
4. The paper lately ordered to be sent to the Portuguese Ambassador to be despatched to him by Sir O. Fleming.
5. The petition of Susanna Padmore, widow, referred to the Admiralty Committee, to inquire on the matter alleged, and if they find it true, to report what should be done for her.
6. The declaration now read forbidding the offering of any violence upon the Exchange approved, and to be printed and published.
7. Order on report from the Committee for Examinations about the claim made by Thos. Fisher to a jewel and necklace of pearl, which was formerly seized on passing by way of the packet boat, that the jewel and necklace be forthwith restored to him.
8. The commissions for the Generals of the fleet to be forthwith made ready, and brought into Council, to be signed on Monday.
9. The petition of Wm. Lant, merchant of London, procurator of Ferdinando Lopez de Bolanios and Francisco Garera de Guerero, merchants of Seville, referred to the Admiralty Judges, to consider the case, and certify whether the granting what is desired may not be prejudicial to the trial of the ships, in reference to their lading of silver.
10. The petition and paper of Wm. Huby, complaining against Fras. Turner for words by him spoken against Government, referred to the Lieutenant of the Tower, to hear both parties, and certify.
15. 45. Order approving nominations by the Admiralty Commissioners, as follows:—
Capt. Jeremiah Smith to be captain of the new frigate at Blackwell.
Capt. Francis Allen, of the Advice.
" John Lloyd, of the Princess Mary.
" Abraham Algate, of the Drake.
" James Shurland, of the Red Hart pink; and the said Commissioners to take care they have commissions from the Generals of the fleet.
16. The petition of Richard Colar, preacher, referred to Rich. Cromwell, Col. Rich. Norton, John Pitman, and Thos. Bettesworth, to consider what should be allowed him for his pains, for the time he officiated in the rectory of Broughton, and for the taxes he paid for the same, as also for his removal to and from the said place, and to give such order as they shall judge fit.
18. Order—on return from the Admiralty Judges that no commission has been granted to Capt. Finch for a privateer, but that he has been employed by John Penticost of Bristol, to whom two commissions have been granted,—that the Admiralty Judges send for the said [Finch] and proceed against him for what has been acted by him according to law. [I. 72, pp. 195–199.]
Dec. 10. 46. Lord General Cromwell to Col. Chris. Whichcot. You are to raise forthwith a company of 100 foot soldiers besides officers, to guard Windsor Castle, of which you are to be captain. Send me the names of your officers by the bearer, and commissions shall be sent you. With notes relating thereto by Whichcot, 14 Dec. [1 page.]
Dec. 11.
[Bruges ?]
47. Luke Whittington to Ralph Parker, merchant, Prince of Orange's house, Flushing. I hope you received the letters I sent by Mr. Armitage, merchant of Leeds, for yourself, as also for my Lord of Derry and Mr. Crooke. Send me my buff doublet, a little good cheese, which would sell here at 2 stivers the pound, and some tobacco promised by Sir Jno. Mennes, also an account respecting the prizes, and put my Lord in mind of something for me, as he promised Galbreth he would lend me 100 guilders for 6 weeks.
There is little hope of peace between the Hollander and the English rebels; Sir Andrew Cogan's letter says that the soldiers petition hard for a monarchy, and it is thought Cromwell will ere long make himself King. [1 page.]
Dec. 12.
48. Chas. Longland to the Admiralty Commissioners. I have finished my account of disbursements, chiefly about the wounded and pillaged men taken in the late unhappy fight, and turned ashore; total balance due, dollars 6,802. 19. 4., for which I have drawn bills for 977l. 1s. 4d.
There are no Dutch men-of-war here, nor would they be welcome after their late exploit. The French follow their old trade of thieving, and have taken 2 Dutch and 1 English ship. The Dutch say that their squadron which left here is at the Straits' mouth, and I fear some ships gone for England are fallen into their hands. There are many Dutch and French ships in Turkey that will be back in 3 months; we hear from Holland that they have had such a notable shipwreck by storm that they cannot fit out a fleet till summer, so that if you could spare a squadron for these seas with an active commander, I am confident that you need not take care to provide money to pay them.
We hear from Holland that the States have ordered their ships in these seas to return home, because 20 English frigates are designed this way. I hope it may be true, for they might meet a dozen French and Dutch ships bound for Italy and Marseilles. [1¼ pages.]
Dec. 16. Council. Day's Proceedings.
1. The proclamation printed and now read to be sent to the several sheriffs, accompanied by a letter the form whereof was read, to be signed by Mr. Thurloe. [I. 75, p. 1.]
Dec. 16.
49. Proclamation by the Council. Whereas the late Parliament dissolving themselves, and resigning their powers and authorities, the government of the commonwealth of England, Scotland, and Ireland, by a Lord Protector, and successive Parliaments, is now established; and whereas Oliver Cromwell, Captain General of all the forces of this commonwealth, is declared Lord Protector of the said nations, and has accepted thereof, we have therefore thought it necessary (as we hereby do) to make publication of the premises, and strictly to charge and command all and every person of what quality and condition soever, in any of the said three nations, to take notice hereof, and to conform and submit themselves to the Government so established. All sheriffs, mayors, bailiffs, and other public ministers and officers whom this may concern are required to cause this proclamation to be published in their respective counties, cities, corporations, and market towns, to the end that none have cause to pretend ignorance in this behalf. [1 page. Also I. 75, p. 1.] Also
List of the Protector's Council, viz.:—
Mr. Lawrence, President.
Viscount Lisle.
Major-Gen. Lambert.
Major-Gen. Desborow.
Major-Gen. Skippon.
Col. Jones.
Col. Sydenham.
Sir Gilb. Pickering.
Sir Chas. Wolsley.
Sir Anth. Ashley Cooper.
Mr. Rouse.
Mr. Strickland.
Mr. Major.
[1 page. Both written by Sec. Nicolas' clerk.]
Dec. 16.
Council to the several high sheriffs. You will herewith receive a proclamation for proclaiming his Highness Oliver Cromwell Lord Protector of the commonwealth of England, Scotland, and Ireland, which you are to cause to be proclaimed in all the cities, boroughs, and market towns within your jurisdiction. [I. 75, p. 1.]
Dec. 16.
Council to the high sheriffs. You will herewith receive a proclamation for continuing commissions, &c. in order to the execution of public justice, which you are to have proclaimed in like manner. [I. 75, p. 2.]
Dec. 17./Jan. 6.
50. Alex. Bence to the Navy Committee. At 11 p.m. on the 1st instant, the Robert and Richard of London, commanded by Wm. Fugg, was boarded and taken in this road by several Dutch merchantmen, pretending to have letters of marque; there were 8 other ships in port interested in the action. They found little opposition from our countrymen, who conceived themselves safe under the protection of this King, but whose ministers and magistrates showed but little favour, as they did not fire one gun in their defence, although within musket shot of their works, whereby they were so disheartened that 16 of 20 of the company forsook the ship, and escaped on shore. We have presented our grievance to the Governor, and declared our loss to amount to upwards of 26,000 dollars, but we find him cold in our favour; the actors, after remaining two days in port with their prize, sailed for Leghorn. I have given notice thereof to the Vice-king, and requested him to look into this business, and if you deem it convenient, will demand satisfaction in your name, or otherwise in the like nature it will be easy for any of your ships that pass this way to recover the value. Until you send a fleet into these seas, there will be no security for commerce by our nation, this coast being full of such Dutch merchantmen. There are no other men-of-war on this coast, notwithstanding we are threatened by the Hollanders from Italy. [1¾ page.]
Dec. 19. Council. Day's Proceedings.
1. Mr. Lawrence to be appointed to the chair for one month from to-day.
2. In case of addresses by petition, they shall be directed to his Highness Oliver, Lord Protector of the commonwealth of England, Scotland, and Ireland.
3. The same for addresses of foreign Princes or States.
4. Sir Oliver Fleming, Master of the Ceremonies, to go to the Ambassadors and other public ministers in London, to inform them of the established Government, and desire them to make their addresses to his Highness as before expressed.
5. In order to this service, Fleming is to attend Council at 10 a.m. to-morrow. [I. 75, pp. 2, 3.]
Dec. 19.
Council to Serjeant Dendy. A proclamation of Council is herewith delivered you, for proclaming his Highness Oliver Cromwell Lord Protector. You are to cause it to be published with sound of trumpets, in the most solemn manner, and in the most public places of London and Westminster this Monday 19 Dec., Edw. Birkhead and Hen. Middleton, Serjeants-at-arms, attending with their maces, for its more solemn performance. [I. 75, p. 3.]
Dec. 19.
Council to the officers of the college of arms. You are forthwith, upon sight hereof, to repair to Whitehall to give your attendance in proclaiming his Highness Oliver Cromwell Lord Protector, in the most public places of London and Westminster, and you are to come in an equipage suitable to such a solemnity. [I. 75, p. 3.]
Dec. 19.
Council to the Lord Mayor of London. The Serjeant-at-arms being commanded to publish the proclamation for Oliver Cromwell to be Protector, Council desires, for the more solemn performance to the service, that you and the aldermen will be there, and assist in its promulgation, with the attendants and officers convenient on such occasions. [I. 75, p. 4.]
Dec. 19.
51. Abra. Stock to Edw. Marston, Gardner's Lane, King St., Westminster. I find by yours that you were advised to make way with Mr. Speaker, if the business is not perfected before this, and I suppose it is not like to be in haste, if at all, by reason of the great transactions happened of late. I should like to know how the case stands with me and Capt. Goulding, and shall be glad if he recovers his ship, as I and my friends would be somewhat the better for it.
I shall be glad to hear in what manner we are now like to be governed, and what likelihood of an accommodation with the Dutch and French. [½ page.]
Dec. 20. Council. Day's Proceedings.
1. Mr. Stone, Scobell, and Herne, to bring in to-morrow the draft of an Act for confirming the Excise till further order.
2. Order that Sir Wm. Roberts and Edw. Cressett treat with those persons who have bought the parks, hare warren, meadows, &c. of Hampton Court, for their surrender to the commonwealth on reasonable terms. Annexing,
52. Their report thereon. We treated with Edmund Backwell, goldsmith and jeweller, who contracted for Bushy Park 15 Nov. 1653, at the rent of 408l. 15s. a year, and for materials, timber, deer, &c. to the gross value of 915l. 17s. The rent being sold at 14 years' purchase came to 5,722l. 10s., so that the total of the purchase was 6,638l. 7s.
Of these he reserves to himself the New Park, valued at 115l. a year, which cost him 1,635l., for which he demands 450l. profit. Part of New Park, 23 acres, he sold to Mr. Casewell of Hampton for 407l. 10s.—53l. more than it cost him; this is paid for and conveyed. He sold the meadows to his brother, John Backwell, for 1,550l.—308l. more than it cost him; and old Bushy Park to Mr. Woolmer, of Gracious Street, for 1,528l.—100l. more than it cost him; and the hare warren to Mr. Bryce and Mr. Inwood for 1,170l. Of these none are conveyed, nor is more than a moiety of the purchase money paid.
Backwell has thus received 461l. profit for the part sold, and he demands for his own part 450l. profit. His brother demands 450l., Mr. Woolmer 400l., Mr. Bryce and Mr. Inwood demand 200l. besides their charges. The total of the purchase, less Mr. Casewell's, is 6,283l. 17s., the moiety of which 3,141l. 18s. 6d. is presently to be paid in to the purchasers, besides the profit demanded, 1,968l., the sum total being 5,109l. 18s. 6d.
The Middle Park of Hampton Court was sold to Col. Norton, 3 December, but no proceedings have been taken therein except about contracts.—10 Jan. 1654. [1 page.]
3. The counsel learned to prepare a draft of a proclamation for continuing all commissions respecting the execution of public justice, and the proceedings in courts of law and equity, and also of the Admiralty, notwithstanding the late alteration, and to bring it in to-morrow.
4. Col. Clark and Mr. Scobell to bring in the draft of an Act for renewing the powers of the Army Committee and Treasurers-atwar.
5. The Committee for Inspections to prepare an Act for renewing the power of the Navy Treasurer, and to bring it in the first opportunity.
6. The minutes of all orders pronounced by Council to be read in Council before being passed into orders.
7. Ald. Tichborne to prepare and bring in the draft of an Act for continuing payment of the Algiers duty.
8. Note that Major-Gen. Skippon took the oath usually taken by Council, and was thereupon admitted a member.
9. Oath of a counsellor to the Lord Protector, to be faithful to his trust, and in the election of every successive Lord Protector, to proceed impartially, and do nothing from promise, fear, favour, or reward.
10. Counsel-at-law to consider how the form of patents and writs shall be reformed to the new established Government, to prepare an Act, and present it.
11. Cooper and Desborow to prepare an Act for renewing the former powers, for probate of wills, and to propose to Council new names to be inserted therein.
12. Order on petition to his Highness from Sir John Jacob, and the other late farmers of Customs, that to satisfy them and their creditors that no alteration is intended by the Government now established from the Act of the late Parliament for sale of forest lands, a copy of that part of it shall be delivered to them, attested by Mr. Thurloe as a true copy.
13. Mr. Thurloe to perfect with speed the instrument entitled "The Government of the Commonwealth, &c.," that it may be ready for enrolling.
14. Edw. Birkhead, Serjeant-at-arms, to detain in custody prisoners committed by the late Parliament, and not release them without special leave of Council, and report what is necessary from time to time. All warrants from any Committee or Commissioners of Parliament, for apprehending delinquents or any others in contempt, shall be directed to Edw. Birkhead, and executed by him or his deputy in such sort as was authorised by order of Parliament, Oct. 12, 1653. [I. 75, pp. 5–7.]
Dec. 20. 53. Navy Commissioners to Council. We certify, on petition of the owners of the Peregrine, that she was employed as one of the squadron in the Straits under Capt. Rich. Badiley, 4 months and 3 weeks before she was taken, which at 3l. 15s. a man per month, for 108 men, amounts to 1,575l. 19s. 9d., which ought to be allowed. The ship was worth 3,100l., and if you allow that, according to the declaration of Parliament for ships honourably lost in fight, the freight, amounting to 781l. 1s. 6d., will have to be deducted, leaving a balance due of 2,318l. 18s. 6d. The owners have already received 700l. from the Navy Treasurer, and 3,500 dollars from Mr. Longland in the Straits. [1 page.]
[Dec. 20/30] 54. Petition of Hugh Morrell, merchant, representing sundry French merchants and others of Paris, to the Council of State. Being at the Court and Council of France, and having beyond all expectation received release of a ship of 250 tons of currants belonging to merchants of London, sundry merchants, &c. of Paris have applied to us about an island in Amerya [America ?] long inhabited by French, and the Governor, being old, has sold it to these gentlemen.
They think nothing would more favour their design than the protection of England, and they offer that all ships coming from their plantation shall stop at some port of England, make an entry of their goods, and pay ¼ per cent. customs, and then transport the rest to France. Also ships going thither shall stop in England to buy commodities.
If Council approve their desires, they will send some of their principal members to confer thereon: Noted: "Laid aside 6 April 1654. [1 page.]
Dec. 20/30.
55. Hugh Morell to Lord General Cromwell. We are here very silent as to public transactions. All Christendom depends on how England and Holland may conclude. The Lord guide your consultations to His glory and the public good.
I beg your concurrence in a petition I am presenting to the Council of State, the thing being honourable and profitable.
P.S.—"A sudden report is risen here, as if there were new and strange mutations in England, by an express, a major, of a division amongst our grandees of the army; a dismission of the Parliament. It comes from the Palais Royal, whose interest makes the wind 4 points of the compass more favourable than really it is, and our letters being not come makes us muse, but not so mad as to credit such unlikelihoods but from better hands."
"2nd P.S.—This news is confirmed. The party came by way of Dunkirk. The most moderate hope hereby of peace with Holland and France, though Black friars cry 'Wars, wars!'"[1 page.]
Dec. 20.
56. Jas. Marchant to Edm. Marston. Pray withdraw from the Clerk of the Council my orders from Col. Bingham and my two petitions, and assist the bearer, Eleazar Marchant, to get copies of the two last orders from Council signed and sealed, and send them to Capt. Clark, deputy governor, to put in execution. I should have done all this myself before leaving, but was anxious to meet the barks here, which were gone before my arrival. [¾ page.]
Dec. 20. 57. Warrant by the Commissioners for Inspecting the Treasuries to the Treasurers-at-war, to pay 15,000l. to Rich. Hutchinson, Navy Treasurer, to be issued on warrants from the Admiralty Commissioners. Receipted 23 Dec. [1½ pages.]
Dec. 20. 58. Petition of Cols. Thos. Saunders, John Okey, and Mat. Alured to the Protector, &c., and our General:—
As members of the army, we solemnly declared (14 June 1647) that we engaged not as mercenaries but in conscience for the liberties of our country; yet from our confidence in you, who engaged with us in the same quarrel, we waited your counsels to the utmost extremity.
But finding you engaged in transactions whereupon the life and death of the cause bought with our blood hangs, we are obliged to remind you of the tyranny against which we engaged, and of the fundamental rights and freedoms we intended to redeem out of the tyrant's hands, and to this the whole army agreed, not only before but after the exemplary justice done on the late King. We then declared his tyranny to consist in his opposition to Parliament, concerning the people's safety in their absolute command of the militia, and of their power to call officers of justice and ministers of State to account, which he said could not be done without him, and that whatever he did, no power could meddle with his sacred person.
Dec. 20. We then declared that we must have constant Parliaments, freely chosen by the people, which should have the supreme power in making laws, removing grievances, determining peace or war, &c., and no person should be exempt from punishment by the people's Parliament; the principle of the King's unaccountableness being the great root of tyranny.
We tremble to think of the account we must render, if by silence we give away the freedom purchased by precious blood, and subject the people to a like kind of thraldom. We are therefore pressed in conscience to declare that we sadly resent the consequences of establishing that supreme trust of the militia for 2½ years out of 3, in a single person, with a Council which he can control at pleasure by a negative voice. Also this power is not to be over such a militia as the late King durst not claim, but over a standing army, which this single person, if corrupt, may employ to destroy Parliament, and bring us under vassalage; for this army will be mercenary, and obey his commands from interest, whereas the ancient militia, having their own arms and officers, were not obliged to obey the King's illegal commands. Such a militia commander will be master of all Parliaments, freedoms, and all our birthrights, especially considering that, according to what is imposed by the present Parliament, no Parliament shall ever dare to propose anything against a single person's command of the militia, lest he should refuse, during their session, to dispose of it as they advise; so that all provisions for liberty of conscience or freedom would thus be made void.
All legislative power would also depend upon this single person, he having an absolute negative to all Bills, unless Parliament declare that he is obstinate, and will neither consent to the Bill nor satisfy them why he will not, which they would not dare to do to one who commands 30,000 men. Also this negative voice is a clog upon Parliament, the opposing of which in the late King cost so much blood.
Now if this single person should attempt the highest tyranny, the power vested in him is such that Parliament cannot execute justice on him unless he consent to have justice done on himself, and he can protect himself, as the late King might have done, if he had had a standing army. Also we apprehend ill consequences from allowing the Protector and Council to levy money to pay a fleet and army of 30,000, and 200,000l. a year over and above.
We are filled with trouble, being daily taunted that while we pretended the freedom of our country, we only intended to set up ourselves; therefore we are cautious about taking rashly any new engagement, though none will more faithfully serve you in all just designs. We therefore beg that a full and truly free Parliament may consider our fundamental rights and freedoms, settle the Government, and secure us against all future attempts of tyranny. In your protection of these great ends we will hazard life and estate in your defence. Noted: "This petition was subscribed and owned by these 3, and had been by many more colonels of the army, if the Lord Protector had not, upon search of Col. Alured's chamber, taken it away and imprisoned him for 2 days, whereby any further subscriptions were prevented." [1 sheet, printed.]
Dec. 20. 59. Information of Mar. Nedham respecting a meeting held at Blackfriars on Monday evening, 19 December 1653. The first man in the pulpit was the minister of Shoreditch, who was very moderate, and after him Mr. Feake discoursed concerning the little horn in Daniel vii, which he would not say was meant of anyone in this or any other nation. "I will name nobody," said he, but he gave many desperate hints, which he named characters, and about nine in number. The first was that this little horn should come up among the 10 horns; by the 10 are understood 10 kings, kingdoms, or governments, which were to arise out of the kingdom of the fourth beast, that is, those 10 European kings, kingdoms, or states that arose out of the Roman monarchy. It is said of the little horn that he should come up among these as a branch of the fourth monarchy, and that is the first character.
The second is that this little horn should arise after the 10 horns or kings, that is, after the 10 horns have continued a while; then a little before these 10 horns expire shall this little horn arise, yet not so after them but that he may be said to be among them.
The third is that this little horn shall be diverse from the first, that is, from the 10, and shall not in all things be like any of the 10 horns or kings, but shall appear another thing, and his power and government entirely different.
The fourth character is that before this little horn, three of the first were plucked up by the roots, and three fell before him, and that he should subdue three of the horns, three kings or kingdoms, and this, he said, I apply to nobody.
The fifth is that in this horn were eyes like a man, that is, he had eyes, his emissaries and spies, in every corner.
The sixth is that he had a mouth speaking great words in defiance of the most high God, and his people.
A seventh character that he had a look more stout than his fellows. Here it is intimated that though he differ in his government and title from the 10 kings, yet he shall be equal to them in power, and so they but his fellows. And he shall be more stout, that is, take more upon him than those his fellows.
The eighth is that he shall think to change times and laws, and to make great alterations in government, and set up a form and laws of his own.
The ninth and last character is that this little horn made war with the saints and prevailed against them, as it is said "he shall wear out the saints of the Most High; and they shall be given into his hand until a time, and times, and the dividing of time," which is said to be until judgment was given to the saints of the Most High, and the time came that the saints possessed the kingdom. In the 26th and 27th verses it is said "the judgment shall sit, and they shall take away his dominion, to consume and to destroy it unto the end, and the kingdom, dominion, and greatness of the kingdom under the whole Heaven shall be given to the people of the saints of the Most High, &c."
Thus you see how this little horn is to make war with the saints, that is, to set himself against them, and prevail in his design, so as they shall be given into his hand, and he shall wear them out for some short time, until the time come when the fifth monarchy begins, when the kingdom and dominion must be given to the saints, who in the end shall take away his dominion, and destroy it.
And so it appears the little horn is a power sprung out of the fourth monarchy, immediately before the beginning of the fifth and which shall be destroyed by the fifth.
"I know" said he, "some would have the late King Charles to be meant by this little horn, but as I said at first, I'll name nobody. God will make it clear shortly to his people who is meant here," and after many like insinuations at random, he dismissed the subject.
Vavasour Powell went up next, and pursued the same interpretations, enlarging on the subject out of Daniel xi, but reflected much more openly than Mr. Feake, being very broad. He applied what is spoken in the 20th and 21st verse of that chapter to the little horn. The king of the north he interpreted to be the late King, who stumbled and fell, and could not be found. Then shall stand up in his estate, as in the 20th verse, a raiser of taxes in the glory of the kingdom, but within a few days he shall be destroyed, neither in anger, nor in battle; "a small matter," he said, "should fetch him down, with little noise."
And here he took occasion to inveigh bitterly against the great commanders, as if they were the sole cause of taxes; but it is said moreover, in the 21st verse, of the successor of the king of the north, "in his estate shall stand up a vile person, to whom they shall not give the honour of the kingdom, but he shall come in peaceably and obtain the kingdom by flatteries." This he applied in a most pernicious manner to the present time; and then went on to the 22nd, 23rd, and 24th verses, which he wrested after the same strange manner, and then from the 30th to the 33rd verses, which are "He shall have intelligence with them that forsake the holy Covenant," "that is," said he, "with such as apostatise from their principles." "And arms shall stand on his part," "that is," said Mr. Powell "the great army men and swordsmen shall side with him;" "and such as do wickedly against the Covenant shall be corrupt by flatteries, but the people that do know their God shall be strong and do exploits, and they that understand among the people shall instruct many," upon which he expatiated with very bold reflections, and then concluded that subject.
He then fell upon a new discourse, and told us that there were four things at which people are now very much offended, "but we here," said he, "are ready to justify them before all the world, and they are these;
(1.) That there is such a thing as a fifth monarchy, which Christ is now setting up.
(2.) That there is now such a thing as a spirit of prophecy in the saints, whereby they are enabled to foretell things to come, and thereupon he undertook to foretell the downfall of the present power.
(3.) That the great design of Christ is to destroy all antichristian forms, churches, and clergy.
Upon the latter he was copious, and said they must down, though they were never so strongly protected, for Christ is none of their lord protectors, though the army-men protect them, "yes, and rather than those shall down, they will pull Parliament in pieces, and this made them break the last Parliament; for on Saturday the 6th of December, the House refused to settle a commission of ministers to ride in circuits as the judges did, and judge who were fit to be continued, or put out of their livings, and so to maintain them upon the old corrupt foundation still; and when the House would not yield that these antichristian clergymen and tithes should be upheld, then on Monday following in the morning they were thrust out,—I mean the few honest men of them that were then present,—by violence, and the rest, as they had agreed beforehand, went and subscribed their names to a paper, giving up their authority in the name of the whole, whereas none of the honest men would subscribe or surrender save only some three or four, who have since professed their hearty sorrow to me for it. This is true, and we must speak it out, for our mouths shall not be stopped with paper proclamations. I saw one to-day in print which says this last Parliament dissolved themselves, and resigned up their powers and authorities; but I take it to be a libel, for at the top of it it is said to be by the Council, but it does not say by the Council of State, nor by the Council of war, nor by the Common council, nor by name of any other council, and therefore I look upon it as a mere libel; for I am sure it lies sufficiently in saying the Parliament dissolved themselves, the better part being utterly against it, and continue of that mind to this day, and so you shall find they will continue. They were broken by force, and it was a business plotted by the great army men, clergymen, and their party together."
This Mr. Powell represented as a grand mystery, and so took upon himself to strip and whip it in a very furious manner, before all the people, which being done, he flew into many strange ejaculations. "Lord," said he, "have our army men all apostatised from their principles! what is become of all their declarations, protestations, and professions ? Are they choked with lands, parks, and manors ? Let us go home and pray, and say Lord wilt Thou have Oliver Cromwell or Jesus Christ to reign over us? I know there are many gracious souls in the army, and of good principles, but the greater they grow, the more they are corrupted with lands and honours. I'll tell you a common proverb that we had among us of the General, that in the field he was the gracioucest and most gallant man in the world, but out of the field, and when he came home again to government, the worst."
He added that they expected persecution, and snares were laid, and spies set over them, and they might be deprived of the benefit, of meeting in that place, "but then," said he, "we can meet at another; and if we be driven from thence, we will meet at private houses; and if we cannot have liberty there, we will into the fields; and if we be driven thence, we will into corners; for we will never give over, and God will not permit this spirit to go down, but will be the support of the spirits of his people."
He also complained of the faltering of divers who had formerly been very forward at this meeting, but now drew back, and therefore he prayed that the Lord would hold up the meeting.
Mr. Powell having done, one seated at the corner of the gallery began to speak, and would have gone on to oppose somewhat that had been spoken, and strained his voice to overcome the outcries; but after half-an-hour's tumult, Mr. Cockaine getting into the pulpit, they cried down the other.
Mr. Cockaine entered upon the 5th chapter of Hosea, and discoursed so largely upon the two first verses that he had no time to trace any further. He told us this part of the prophecy referred to the time of Jereboam the Second, who held up the corrupt worship as it was at first instituted by Jereboam the First; and the house of the king, and the whole tribe of the idolatrous priesthood combined together, out of policy, to maintain their several interests, by keeping out and suppressing the true worship of God. The idolatrous priesthood supported the house of the king, and the king maintained the priesthood. Here was their compliance, and this he made bold to parallel to the present state of things in England, by showing the like compliance, and he was often up with the name of antichristian clergy, parochial priests, Baal's priests in England, and what a combination there is now between them here and the house of the king or the present power; but from the example, and in the words of Hosea, that bold man, as he called him, he was bold to declare judgment towards them both, and that shortly to be expected; and why? Because they have been a snare on Mizpah and a net spread upon Tabor. He told us Mizpah and Tabor were two mountains upon which were built two watch towers to espy. There spies were kept continually by the priests and the king, because those places overlooked all the highways towards Jerusalem, and so none had a mind to go thitherward to the true worship of God but they were presently espied, and so persecuted by the priests and the king, who had set up their interests in the idolatrous worship, and therefore were resolved to force it upon the people, and use all means to keep them from a better; and for this purpose they had snares spread and spies set in every corner, as the priests and their king have here with us, and he was very copious in this kind of discourse.
Then he came to the 2nd verse, and told us that as the revolters in Israel were profound to make slaughter, profound in their plots and designs to circumvent and persecute, so the like here in England, and it might be expected more. Here he fell foul upon the great clergymen, as well as others, who had deserted from their principles, and said we might beware of such, for that none were so desperately bent, and so profoundly set upon mischief against men of right principles, as such as had revolted from them. He talked at large of much cruelty that was to be expected from such revolters, but bade us rest assured the Lord would be a rebuke of them all.
These are some brief hints of larger discourses. One thing more let me add, that Vavasour Powell's 4th point, which he said he would justify against all the world, is, that the magistrate has nothing to do to meddle in matters of religion. The meeting was adjourned until Monday next. [6 pages.]
Dec. 21. Council. Day's Proceedings.
1. Mr. Feake and Vavasour Powell to be sent for in custody before Council at 4 p.m. to answer what is objected against them. Warrants to be issued by the President authorising Serjeant Dendy to take them into custody.
2. Mr. Scobell and Scoutmaster-General Downing to read the papers with the words of Mr. Feake and Mr. Powell, and to extract and divide into heads the material passages, and take in writing the examinations of the witnesses.
3. The Bill for reviving the Act about probate of wills, brought in by Sir Ant. Ash. Cooper, to be consented to.
4. A clause to be inserted in the proclamation for continuing commissions respecting the administration of public justice, for continuing the commissions of sewers.
5. The proclamation for continuing commissions and courts of law, equity, &c. for execution of public justice, approved, with the alterations.
6. The Bill for continuing the Excise, brought in by Mr. Scobell, read the first and second time.
7. Cooper and Jones to draw up a Bill for restraining and punishing sedition and treason, and advise with the counsel learned thereon.
8. The proclamation aforesaid, presented by the Lord President to the Lord Protector, was passed by him by the advice of Council, and ordered to be printed and published.
9. The orders of yesterday and to-day read and approved.
10. Mr. Feake and Mr. Powell to be kept in custody by the Serjeant-at-arms, and brought to Council to-morrow morning.
11. Sir Chas. Wolsley and Cols. Sydenham, Montague, and Jones, to consider and perfect a paper prepared by Wolsley, and report to-morrow.
12. Sir Oliver Fleming to acquaint the Dutch deputies that his Highness has appointed some of the Council to be a Committee to confer with them, and that a conference is desired at 4 p.m. tomorrow. [I. 75, pp. 7–9.]
Dec. 21. Proclamation by the Lord Protector. Whereas the exercise of the chief magistracy in the commonwealth is established in his Highness, assisted by a Council, lest the course of justice might receive interruption, he (reserving to future consideration the redress of any abuses by misgovernment) declares by advice of his Council, —who have power till next Parliament to make laws and ordinances for the peace and welfare of these nations, which shall be binding till order be taken thereon in Parliament—that all persons who on 10 Dec. were lawfully possessed of any place of judicature or other office be continued therein until his Highness's pleasure be further known. All patents, commissions, and grants referring to public justice, and all proceedings in the courts of law, equity, or Admiralty, or by the Commissioners of Sewers shall stand in force till further order.
Meantime, for preservation of peace and prosecution of justice, all the said persons are to act in their several duties as before. [I. 75, p. 9.]
Dec. 21.
Council to [the High Sheriffs of Counties]. We send you a proclamation for continuing of commissions, &c. for execution of justice, which, by direction of Council, you are to have proclaimed in all the market towns in your jurisdiction. [I. 75, p. 9.]
Dec. 22. Council. Day's Proceedings.
1. Mr. Thurloe took his place at the board, being thereunto called by Council.
2. Mr. Thurloe to bring in the Instrument [of Government] fitted for enrolment, to-morrow morning.
3. The Bill for continuing the Excise being read in parts, resolved that Luke Hodges, Thos. Bulstrode, and Wm. Cooper be inserted into the Bill for Commissioners.
4—6. That the quorum be two, and that their allowance be 1d. in the pound, these amendments being made at the board. The question that the word "enact" stand in the Bill being put, passed in the affirmative.
7, 8. Vavasour Powell and Mr. Freake were again brought before Council, and ordered to be continued in custody of the Serjeant-atarms, apart, till to-morrow morning, and no persons to be allowed to visit them. [I. 75, pp. 10, 11.]
Dec. 23. Council. Day's Proceedings.
1. Edw. Dendy, Serjeant-at-arms, to search in the house of Robert Wood, printer, or elsewhere, for an abstract of the Instrument whereby the Government of the commonwealth is settled, to seize all the copies found, to break presses used therein, apprehend the owners, the printers, and persons employed, and bring them before Council.
2. The ordinance for alteration of several names and forms used in Acts, writs, patents, commissions, &c., and settling proceedings in courts of law and justice according to the present Government, was read the first and second times, and after some alterations at the board, committed to Sydenham, Jones, and Cooper.
3. Major-Gen. Skippon to signify to the churchwardens of Blackfriars that the usual Monday meeting at the church be discontinued.
4. Mr. Scobell to bring to-morrow morning the draft of a Bill for continuing the Act for payment of the Algiers duty.
5. Amendments reported by Sir Ant. Ash. Cooper to the Ordinance committed this day were put to the question; the one in these words "for the public use" was negatived, the remainder passed, and were ordered to be inserted.
6. The recorder and some aldermen of London attended Council for direction concerning the oath to be taken by the city officers, and it was declared that the matter should have speedy consideration; the administering the former oath to be forborne.
7. Consideration of the above-named oath to be taken next Monday morning. [I. 75, pp. 11, 12.]
Dec. 24. Council. Day's Proceedings.
1–6, 10. An Ordinance for continuing the Act of Parliament for redemption of captives was read the first and second time. Resolved, that the words, "the 3rd day of Oct. 1654, and no longer," be inserted; that in the last clause of the Ordinance, between the word Highness and his Council "with the advice of" be inserted; that the words "by them" in the same clause do not stand; that the draft of the Ordinance so amended be presented to the Lord Protector, as the advice of Council; and being so presented by the Lord President [of Council] it was ordered by his Highness and Council to be engrossed, passed for a law, printed and published.
7–9. The Ordinance for continuing the Excise being engrossed was read the third time. Resolved, that it be presented to the Lord Protector as the advice of Council, and on being presented by the Lord President, it was by his Highness' consent and Council's passed into a law, and ordered to be printed and published.
11, 12. The Ordinance for revising the Act for probate of wills and granting administrations, being engrossed, to be presented to the Lord Protector; and being presented, it was approved, passed for a law, and ordered to be printed and published.
13. Order that the letters ordered by the late Council of State on Dec. 7th to be written to the commanders in Scotland and Ireland, enclosing petitions of Alex. Grey concerning his losses there, which were not issued owing to the change in Council, be now written.
14. The petition of Sir John Trevor and Lancelot Lake, concerning moneys due to them out of the receipt at Newcastle, alleged to be paid to Thos. Ledgard, referred to the Committee for Inspections, to examine, and report.
15. The business of Scotland to be considered next Monday. [I. 75, pp. 12–14.]
Dec. 24. 60. Warrant by the Commissioners for Inspecting the Treasuries to the Treasurers-at-war to pay 17,392l. 12s. 8d. to Rich. Hutchinson out of the six months' assessment, for the use of the navy. Receipted 13 Jan. 1654. [1½ pages.]
Dec. 25. 61. Declaration of the quarterly salaries due to Col. Jno. Barkstead, Lieutenant of the Tower, 50l.; John Baldwin, gentleman porter, 5l. 13s. 8d.; and 40 yeomen warders named, 5l. 0s. 4d. each from 29 Sept. to 25 Dec. 1653. Total 256l. 8s. [1 sheet.]
Dec. 26. 62. Quarter's bill of Col. John Barkstead, Lieutenant of the Tower, for expenses on prisoners, repairs, wages, &c., e.g., for carrying Lieutenant Col. John Lilburne in barges to the Upper Bench and back, 2l.; the preacher and physician to the prisoners, fee 5l. each; surgeon 2l. 10s. candles and oil for the several gates of the Tower, 3l. 15s. Total of the quarter's bill, 111l. 17s. 4d. [¾ sheet. This does not include any charge for the diet of the prisoners.]
Dec. 26. Council. Day's Proceedings.
1. John Barkstead, Esq., Lieutenant of the Tower, to detain in custody all prisoners committed by the late Parliament or Council of State, not release them without special order, and report from time to time what is necessary.
2—4. The Ordinance for altering some names and forms in writs, and settling proceedings in courts of law, &c., read and agreed to by Council, presented to the Protector, approved by him, passed for a law, and to be printed and published.
5. The Committee for Compounding to give warrants for payment to the officers and servants of the late Parliament of the salaries due to them, according to an order of Parliament. The Treasurers of Goldsmiths and Haberdashers' Hall to make payment according to the warrants; and the acquittances of the said persons to be sufficient discharge. [Also G. 138, pp. 247, 249.]
6. The paper agreed to in answer to a paper from the Dutch deputies of the 23rd instant to be delivered to them by Mr. Thurloe.
8. Order that the warrant issued by Major-Gen. Lambert on 12 Dec., for restraining all boats and vessels from passing from the port of Dover, be taken off.
9. The allowance of 200l. a year to be continued to Mr. Pell the mathematical lecturer, according to an order of late Council of State of 24 June last.
10. Lambert, Cooper, Sydenham, Jones, and Wolsley to be a Committee to consider the Scotch business and report; they are to meet to-morrow, Mr. Scobell to assist them.
11. A paper from the Dutch deputies of 26 Dec. read. [I. 70, pp. 14–16.]
Dec. 26. Ordinance by the Protector and Council for altering the names and forms of writs, grants, patents, commissions, &c., putting the seal of the Protector instead of that of the keepers of the liberties of England, all fines to be recovered in the Protector's name, and all legal documents to be issued in his name, which is to be used in all forms of law, and in causes civil and criminal. [8 pages, printed. Collection of Acts, Vol. I., No. 81. Record Office Library, 498 F.]
Dec. 26.
63. Instructions by Rob. Blake, Geo. Monk, Jno. Desborow, and Wm. Penn, Admirals and Generals of the fleet, to the commandersin-chief of squadrons, flag commanders, and all captains of ships at sea in the service of the commonwealth.
As exorbitancies and miscarriages may arise in the fleet, for restraining whereof a general council of war cannot be so frequently called as may be requisite, for preventing these, and for governing the fleet in better order, according to the laws of war, and ordinances of the sea, ordained by Parliament, it is hereby ordered,—
That the first article of the said laws and ordinances be duly observed by each commander, viz.: that the chief flag ship, or commander of each squadron, with assistance of a council of war of his squadron, sentence and punish all offences committed against any article of war and ordinance of sea, by any person belonging to any of the ships in his squadron. Provided that no execution or sentence of loss of limb proceed until we Generals be made acquainted with the crime (the criminal being still secured), and with the depositions against and defence made by the offender, &c., and the same delivered to the Judge Advocate of the fleet, to be registered and kept upon record. Provided also that no sentence for cashiering of a captain pass until we Generals have had information of the whole, and that the proceedings be delivered to be recorded as above said.
That each commander bearing a flag subordinate to the chief of any squadron, calling to council at least three commanders of the ships under his divison, have power to sentence and punish offences against the said laws and ordinances on any ship of his division, with the previous provisoes.
That whenever three ships of war or more shall be sent to any guard or station, the commanders have the same power to punish that is hereby given to the flag commander of a division, during the time of their stay abroad.
That the captain of each ship of war, calling to his assistance the lieutenant, if any be thereupon allowed, with the master, his mate, check, gunner, boatswain, and carpenter, have power to examine and bring to trial and punishment any person belonging to his ship, for any offence against any of the said laws and ordinances, or against other orders for retaining mariners on board their ships, or continuing them at their duty while on board, and for punishment of any one who shall attempt to carry them thence without leave; this order to extend to the punishment of any offence committed on shore, in any place or harbour into which any of the ships shall be sent, or have occasion to put; also any offence committed against any order already or hereafter to be made for prevention of fire or other accident, by the miscarriage of lights, taking tobacco, selling strong drink on board, or the breach of future articles, for avoiding mischances in the fleet. Provided that sentences of loss of life or limb, or the cashiering of any commissioned officer be remitted to the commander of the party, if remote from the fleet, or to the flag commander of that division, or the next superior in that squadron, or if he be also absent, to the chief flag or commander thereof.
Lastly, it is ordered, according to an order of 16 May 1653, that all commanders of ships of war in the service repair on board the flag ship of every division under which they are ranged, or the chief flag of the squadron, whenever a pendant or other signal for a council of war shall be put forth by any of the said flags, on penalty of the forfeiture of a day's pay for the first neglect, and the like for the second, unless cause be shown to the contrary; in which case they are to send the officer nearest them in command to excuse their absence; upon refusal of payment, they are to be taken into custody by the Marshal-General of the fleet, until the same be made; the same person offending a third time to be proceeded against at the next general council of war, as a contemner of order and discipline. [Copy, 2¼ pages.]
Dec. 26. 64. Report of the Fleet Committee, brought in by Col. Clerk and Lieut.-Col. Kelsey, for the timely providing a fleet for next summer's expedition, in case the war with the Dutch continues, viz.:—
(1.) That there be a main body of 130 sail; 30 whereof it is supposed will be continually absent in convoying prizes, washing, tallowing, and refitting.
(2–6.) Twelve to be assigned for the Channel and Land's End, 6 for Scotland, and 6 for Ireland; 12 for the back of Scotland to intercept trade, and 4 for the guard of the colliers.
(7.) The main body with the rest, to be ready by the end of March, but those for the back of Scotland to be then at their station.
(8.) A large magazine of victuals, masts, and other stores to be timely provided at Harwich.
(9.) So large a stock of ammunition, masts, and cordage to be provided that, after an engagement, we be not long without recruits, for want whereof the service may be much prejudiced. 1 page.]
Dec. 26.
Charles Longland to the Admiralty Committee. Notes from the letter of 12 December.
Contrary to what I wrote, the Dutch squadron are not going home, but coming hither with their booty, obtained at the Straits' mouth, which they intend to divide and sell here. They were seen 50 leagues off three days since, so they may be expected every hour.
When I understood, by letters from England, that the State had sent 80 men-of-war to the Narrow Seas, I thought at least 20 of them were designed for the Straits, as such a fleet would not find anything to do in the Channel, the Dutch being disabled by the late storm from appearing until next spring. A Dunkirk frigate, laden with currants for England, has been taken at Tunis. [¾ page. With his letter of 12 Dec. 1653.]
Dec. 26.
65. Abra. Stock to Edw. Marston. I am much engaged to you for your continual care; notwithstanding this great alteration, you are still trying to accomplish my business and Capt. Goulding's, and I am in better hopes by reason that your old friend is one of the secretaries, and in time you may doubtless have your former employment. I hope Mr. Rouse will assist my business. Mr. Cullen has not yet arrived, but when he does, I will procure and send his letter. I shall very willingly accept your offer of the prize at Rye, if you send the price and other particulars, and after a view of her, I will make an offer. [¾ page.]
Dec. 27. 66. Petition of Frances Coleman, widow, to the Council of State for relief for herself and 2 small children. Her husband, Wm. Coleman, served in the John and Katherine, and was slain in the engagement of 31 July last. Has obtained 8l., but it is not enough, one of her children being lame. [½ page.]
[Dec. 27.] 67. Petition of Capts. Wm. Rance and Giles Horsington, for themselves and 300 surveyors, clerks, and messengers, to the Protector.
Most of them have served under 3 Acts for sale of traitors' lands, on their own charges and in remote parts. Have long since finished their work, bringing in large sums by their discoveries, and contracted such debts that some are imprisoned, and others in danger of it. Their necessities appear by an order of the Committee for Petitions. Having waited many months, some 100, some 200 miles away from home, beg an order to the Drury House trustees to pay them before other incident charges. [¾ page.] Annexing,
67. i. Order in the Committee for Petitions that the petition and papers of the Drury House trustees, being abstracts of the charges of their surveyors and clerks, be presented to Parliament, with the opinion that 20,000l. should be paid the trustees on account for paying surveyors, &c., many of whom are in necessity by long forbearance, and for other incident charges.—10 Nov. 1653. [Copy, ¾ page.]
Dec. 27.
68. Order in Council that the trustees for sale of lands and estates forfeited for treason ascertain what is due to the surveyors, clerks, and messengers in the service, and distribute among them 10,000l. proportionately. The treasurers of this fund to pay to the said surveyors, &c. such sum as the trustees shall give warrant for, provided it exceed not 10,000l., and the trustees to ascertain what is due above the 10,000l., and certify. [Also I. 75, p. 16.] Annexing,
68. i. Warrant by Council to the Drury House trustees to fulfil the above order.—Whitehall, 29 Dec. 1653. [¾ page, copy.]
Dec. 27. Council. Day's Proceedings.
2. Mr. Thurloe, secretary of Council, to take speedy course for perfecting what is further to be done to fit for the press the Instrument entitled "The Government of England, Scotland, and Ireland," that being perfected, it may be printed for public service.
3. An Ordinance appointing a Committee for the better ordering of the duty of Excise and arrears thereof read the first time, and ordered to be read again to-morrow.
4. In the oath administered to officers in the city of London, the engagement is to be taken away, and the same oath administered as formerly. [I. 75, pp. 16, 17.]
Dec. 27.
69. Lionel Roberts to the Navy Commissioners, Tower Hill. I have been at Dover pier ever since 1 Dec., with provisions for the stores at Portsmouth. Our fleet then went into the road, and never since has there been any likelihood of convoy and there is no going without, so that I am daily at great charges, with no likelihood of proceeding. I am a poor man taken off my employment, and shall be undone without money. [2/3 page.]
[Dec. 28.] 70. Petition of the church and parishioners of Clapham, and inhabitants of the adjacent parishes in Sussex, to the Protector and his Council. Sam. Wilmer, their pastor, has been zealous in gathering the scattered saints into one body to enjoy gospel ordinances, but he is overwhelmed with incident charges, has been at great charge in repairs, paid first fruits, arrears to Magdalen College, Oxford, and a yearly rent, so that he can hardly maintain a great family, yet is tender of being a burden to them. Beg that as Mr. Whetstone, minister of Patching, only ½ a mile distant, is dead, the rectories may be united, and bestowed on Mr. Wilmer. 52 signatures. [Copy, 1 page.] Annexing,
70. i. Certificate by 5 ministers, viz: Fras. Cheynell, Petworth; Nath. Hillon, Billinghurst; John Tredcroft, West Grinstead; John Chatfield, Horsham; and John Buckley, Shipley, in favour of Mr. Wilmer. [1 page.]
[Dec. 28.] 71. Petition of John Druett, churchwarden, and 12 other inhabitants of Patching [to the Protector], in favour of the union of the parishes, as it was the last request of their dying pastor, and "the words of dying men are remarkable," and also as the living is of very small value. [1 page, 13 signatures.]
Dec. 28. Reference of both petitions to the justices of peace near, who are to certify whether the grant is convenient, and how it stands as to the right of presentation. [I. 75, p. 19.]
Dec. 28. Council. Day's Proceedings.
2. Order on representation of Committee for Accounts and Public Debts, that liberty be given to the Earl of Worcester, prisoner in the Tower, to go in charge of the Lieutenant to Worcester House, to give evidence to that Committee on an information of Lord Herbert's now before them, and return to the Tower.
3. The Committee for Inspections to treat with the persons who are to receive debts due from the commonwealth out of the Excise, and payable 1st Jan. next, for continuance of the debts, at interest charged on the Excise, for a time longer. Sir Wm. Roberts and Capt. Stone to take care hereof.
4, 9. To advise his Highness that the members of Council should meet constantly at 9 a.m. on sitting days, or pay 2s. 6d. to Mr. Jessop for the poor, for every default, without a reasonable excuse allowed by the President. Council not to sit after 1 p.m. without order; to sit only in the morning on Monday, Tuesday, Wednesday, and Thursday; on Friday both morning and afternoon, and on Saturday not at all, without special order from his Highness. Confirmed by the Protector.
5. 67. Mr. Scobell to join with the Committee for Inspecting the Treasuries, &c. to prepare an Ordinance for reviving the powers of the said Committee, with blanks for the names of Commissioners, and for the time of continuance, and bring it to-morrow morning.
6–8. The Ordinance for the better ordering of Excise read the second time, the names inserted and blanks filled up, agreed to, for presentation to his Highness, presented, and ordered by him to be engrossed.
11. The prisoners under charge of the Lieutenant of the Tower, who are out on bail, to be summoned by him to take new bonds to the Lord Protector, as they did formerly to Parliament.
12. Cooper, Strickland, and Jones to be a Committee for the Tower, to consider the payment of the two last quarter books, to prepare a new establishment for regulating the offices and officers, and report. [I. 75, pp. 17–19.]
Dec. 29. Council. Day's Proceedings.
2. Jones, Wolsley, and Montague, to prepare an Ordinance for renewing the Commissioners at Haberdashers' Hall, and insert what persons and powers shall be continued. Scobell to assist.
3. 72. Scobell to desire counsel to prepare an Ordinance for taking away the engagement, providing that it be not henceforth imposed on any officer, that any persons who have been prejudiced in suits by not taking it have that prejudice taken off, and that mention be made in the preamble of a tenderness of multiplying promissory oaths, further than is necessary for public safety.
4. Col. Sydenham to give speedy account of the business of the revenue.
6. Mr. Jessop to acquaint the Levant Company that their petition shall be considered and answered with the first convenience. Meanwhile his Highness and Council will take all care to protect and encourage navigation and trade.
7. The Ordinance for Excise read the third time, passed for a law, and ordered to be printed and published.
8. Also that appointing a Committee for preservation of Customs.
9. The petition of Francis Allen, major to Col. Ingoldsby's regiment, for an allowance for fire and candles for the guards, referred to the Army Committee, to consider what allowance is fit, and grant a warrant.
12. Order that the trustees at Drury House forbear for two months making sale of Saltrum farm and house near Plymouth, formerly belonging to Sir James Bagg.
13. Order by his Highness' special direction, that Council receive and consider all reports made by the Admiralty Judges or other Committee, on orders of the late Council of State, and give such final order as they think fit.
14, 15. An Ordinance for a Committee for Inspecting the Treasuries read the first and second time, the names inserted and blanks filled; and presented to his Highness, who ordered it to be engrossed. [I. 75, pp. 20–22.]
Dec. 29.
Council to the Commissioners in Ireland. The enclosed petition of Alex. Grey, setting forth the losses in Ireland by Wm. Birkin, under whose relict he claims, was referred to you by the late Council of State, a little before the change of that Council, but the reference not being perfected, the petition has been renewed, and the former order and reference confirmed. You are therefore to examine the case, and relieve him out of the estate of Osolle Beere, complained of as the great occasion of the damage. [I. 75, p. 23.]
Dec. 29.
Council to the Commissioners in Scotland. To like effect, the losses complained of being the demolishing of Grey's houses at Leith by the Parliament forces. [I. 75, p. 23.]
Dec. 29.
The Swiftsure, Stokes Bay.
73. Gens. Monk and Penn to the Generals of the fleet. We hear from General Desborow that there are a considerable number of Dutch merchant ships homeward bound from several ports in St. Martin's Island, which concurs with what we have formerly heard, and we suppose this last easterly wind has brought them into the westwardly wind's way, and hope they will not escape the party of frigates under Capt. Bowen, now plying between the Isle of Wight and Cape Barfleur, and those plying at almost every headland, and on the French coast, and we apprehend our nimble frigates will better answer the service than a main body in the Channel this winter.
We have ordered Capt. Bourne to endeavour an embodying with us on the first coming up of an easterly wind, as we will then sail from hence with the main body, and ply in that station, or where else may most conduce to the intercepting of any ships that wind may bring from the Holland coast.
There are 5 prizes lately taken by our frigates which came from Nantes, 4 of which are in this road, and the other sent to Dover by the Kentish. We will appoint Capt. Motham to the first vacancy. [1½ pages.]
Dec. 30.
Navy Office.
74. Navy Commissioners to the Admiralty Committee. The sad news of the unparallelled loss of two New England ships with 54 masts has reached us, and we beg that the Generals may be directed to strictly examine the captains, as they were taken but 14 leagues from the Land's End, and brought through the Channel to Flushing in 6 days, meeting no frigate of ours, and those who took them lay a whole day feasting off Dungeness.
We are hastening the other ships bound for New England, and want their lading, letters of credit, &c. hastened down. We shall act on your verbal assent about bills of exchange on the treasurer, till we have your order signed. [1 page.]
[Dec. 31.] 75, 76. Ordinance by the Protector and Council appointing Col. Wm. Sydenham, Col. Edw. Montague, Sir Wm. Roberts, Edw. Cressett, Wm. Goffe, Hezekiah Haynes, Ald. Rob. Tichborne, and Gervase Bennett, Commissioners for inspecting the treasuries, to inquire into the true state of the several treasuries, the salaries allowed for collecting, the charges upon them as debts by authority of Parliament, and the interest payable.
Also how all the revenues can best be brought into one channel, and managed with least charge, and needless officers and salaries discharged. Also to consider how to improve the revenue, and especially to pay off debts charged on the Excise, compositions, sequestrations, &c. They are then to give an account to the Protector. All persons concerned in the receiving or paying of money to give their best assistance.
They are also, on certificate of the Admiralty Committee of the money requisite for the navy, to issue orders for its payment to the appointed treasury. This Ordinance to last till 1 May 1654. [2 copies, 2 pages each.]
Dec. 31. 77. Ordinance by the Protector and Council for continuing the powers of the Commissioners for Compounding, the Commissioners for Advance of Money, and the Commissioners of Indemnity, until 1 February 1654, and appointing Samuel Moyer, Josias Berners, Rich. Moore, Jno. Upton, Edw. Cary, and Rice Williams to put in execution the powers before given to the former Commissioners. [3 pages, printed.]
Dec. 31. 78. Petition of Rich. Hutchinson to the Protector. When I was made Navy Treasurer, 200,000l. a year, the average of 7 years' action during the late wars, was proposed to me by the Navy Committee for which I was to have 1,000l. a year, being ⅓ of the salary allowed former treasurers; but if the action increased, an addition was promised; it did so increase that I issued 2,400,000l., and former treasurers would have had above 30,000l., whereas I had only 4,000l. and had to pay all my instruments. I beg the promised increase of allowance. [1 page.]
Dec. 31. 12. Order in Council that Hutchinson continue Navy Treasurer till 1st January 1655, salary during the time, and in consideration of former losses and expenses, to be 2,500l., for payment of which at convenient times the Navy Commissioners shall sign warrants in the usual manner, that he may take an allowance upon account. In addition to which he shall receive 100l. for every 100,000l. he shall disburse in the year, over and above the sum of 1,300,000l. [I. 75, p. 25.]
Dec. 31. Council. Day's Proceedings.
1–3. Sir A. A. Cooper reports an Ordinance for continuing the powers to the Committee for Compounding, for Advance of money and for Indemnity, which was this day read the first and second times, the names inserted and blanks filled up, agreed to, presented to the Lord Protector, passed for a law, and ordered to be printed and published.
4. The letter to his Highness from Edinburgh, of 24 December, referred to the Committee to whom the ordinance for Scotland is referred, to report.
5. The Committee who brought in the Ordinance for reviving the powers of the Commissioners for Compounding, &c., to examine the powers of the said Commissioners, and of the Committee for Advance, and the state of that whole business and revenue, and prepare an Ordinance for settling it against 1st February next. Mr. Strickland added to that Committee.
7. The Ordinance appointing a Committee for Inspecting the Treasuries read the third time, agreed to, and passed for a law.
8. The desire of Lieut.-Col. Biscoe, for an allowance of fire and candles for the guards at Chester, referred to the Army Committee, to make what allowance they think fit, and give a warrant for payment.
10, 11. The petitions of Wm. Kiffin and others, for the free passage of the St. Michael of Hamburg to Bordeaux; and of Peter Dacton of Barnstaple, for restitution of the George Bonaventure, seized by a Brest man-of-war, and retaken by the Nonsuch, referred by the Lord Protector to Council, to do as they think fit.
13. Whereas by the Act for disafforestation of forest lands, Sir John Jacob, Sir Job Harby, and the late farmers of Customs were to pay in before 1 Jan. next 100,000l., and whereas they have sued for 14 days' more time:—order that if they pay in to-day 40,000l. they shall have till 16 Jan. to pay in the remaining 60,000l., but the acquittances shall be signed for the whole 100,000l., and shall remain with the treasurers till 16 Jan., and be vacated if the whole sum is not then paid, and particular receipts only given for what is paid; the interest to be regulated according to the times of payment. If they fail to complete their payment at that time, they are to lose the benefit of the Act as to all unpaid remainders.
14. The petition of the wives and relations of 40 captives in Sally and Barbary, late of the company of the ship Blessing, referred to the Committee for regulating the Excise and Customs, to consider and take order for the relief of the captives.
15. 79. The Admiralty Committee to examine and state the account of Rear-Admiral Badiley for receipts and disbursements in his late voyage to the Straits, and report. [I. 75, pp. 24–27.]
Dec. 31.
Council to the justices of peace near Clapham, Sussex. The Protector has been petitioned by the church at Clapham and inhabitants of Patching that, on account of the smallness of the livings, and the zeal and piety of Mr. Wilmer, pastor of Clapham, the profits of both livings might be settled on him. His Highness, wishing to encourage Wilmer, and yet not to prejudice the right of patronage, refers the matter to you, to inquire into the truth of what is alleged in the petition which we enclose, and state it, and also how the right of patronage stands, and whether the granting of what is desired will be convenient, that such answer may be given as his Highness judges meet. [I. 75, p. 29.]
Dec. 31.
The Swiftsure, Portsmouth.
80. Jno. Fowler, Judge Advocate, to the Admiralty Committee. I send a copy of the orders of the Generals made at a council of war, which it has taken my whole time to distribute amongst the fleet. You will see the power they give to commanders, and the care taken for preventing the like sad accidents by fire as befel the Sussex frigate and others; as also the punishments inflicted on officers and men for misdemeanors and mutiny, wherein mercy is blended with justice.
I am sorry to observe the jugglings of the Dutch, but from that unworthy people, nothing better was to be expected. They trust to an arm of flesh, the French, the Dane, and perhaps hope a conjuncture with Sweden, but they may fail. I hope God, who has so mightily stood for us, will not give us over a prey to them. Their former success might have taught them to desire an honourable and well grounded peace, but whatever be their expectations from extraneous nations, God being on our side, there are more with us than with them. [1 page.] Enclosing,
80. i. Order in a council of war, held by Generals Blake and Monk, and Admirals Jno. Desborow and Wm. Penn, for prevention of abuses and accidents on board the fleet:—
1. That no person shall presume, after the watch is set, to have any candles lighted between decks, or in any other part of any vessel in the service, except such as are necessary for the ship's use, and those to be carried in lanterns only; and that none but such be used in the hold under pain of severe punishment; the officers are to take special care hereof, and the Marshal-General, and his deputies at the several stations, to take all offenders into immediate custody, and retain them until censured.
2. No tobacco to be taken between the decks of the Swiftsure or any other vessel of war, or in the hold or cabins, under the same penalty, and the several officers to have a vigilant eye thereto, to bring all delinquents to justice.
3. No strong water or other drink to be sold on board this or any other vessel in the service, whereby mariners may become intoxicated and rendered incapable and refractory, and thus many mischances and mischiefs ensue; any breach thereof to be under most severe censure and punishment.
4. Copies hereof to be dispersed throughout the several ships, and a copy affixed, with the captain's name thereto, in some convenient place in each ship.—Signed by J. Fowler, Judge Advocate, 17 Dec., Swiftsure. [1 page.]
80. II. Order in a council of war on board the Swiftsure. Benjamin Michell, boatswain of the Rosebush, for being frequently drunk and abusive towards the master and mates, to be ducked and turned ashore. Wm. Hancock, carpenter's mate of the Hound, for drunkenness, swearing, and uncleanness, to be cashiered, receive 10 lashes with a whip by the side of each flag-ship present, with a written paper on his hat stating his crime, a drum beating in the boat's head; and when within the platform at Portsmouth, to be towed at the boat's stern to Gosport, and the paper to be there read aloud before he is loosed.
Wm. Hixe, Robt. Swain, Roger Morgan, Thos. Tailor, Wm. Edwards, Jno. Cooper, for mutiny on board the Portland and for striking the master, laying hands on the captain, and inducing others to the like mutiny, by shouting and crying "One and all," sentenced to death, but mercy being shown, their lives were spared; yet that justice might also have her course, and to prevent the like in others who may not expect the same favour hereafter, Hixe, Swain, and Morgan are to stand for the space of two glasses, with halters about their necks, each having his right hand nailed to the mainmast of the Swiftsure, and Tailor, Edwards, and Cooper, having also halters about their necks, are each to receive 30 lashes with a whip, to be inflicted without the least favour. With note that the said sentences were all executed, and that copies hereof were to be dispersed by the Judge Advocate throughout the fleet.—23 Dec., Swiftsure. [1 page.]
Dec. 31. 81. Petition of Edm. Edgard, shipwright of Great Yarmouth, to the Admiralty Committee, for a supply of masts for two ships building by him for the service, he having lost some in a ship taken by the Dutch, which were carried to Rotterdam with those of Major Burton. With reference thereon to the Navy Commissioners, to supply him out of the stores. [1 page.]
Dec. 82. Petition of Sir John Dingley to the Protector, for payment of his arrears amongst the other creditors of the Queen of Bohemia. Has long served her as secretary, and had a salary from her of 400l. a year upon the pension assigned her by her father, and payable to the late Sir Ab. Williams, but on account of the late troubles in England, has received nothing. [1 page.] Annexing,
82. i. Queen of Bohemia to Sir Ab. Williams. On request by my secretary Dingley to consider his estate, and provide for his subsistence, I will add to his former allowances 400l. a year, which I assign on my pension in your receipt. Hague, 6 December 1641. With note from Williams that he has never been able to pay any of this money.—18 October 1649. [1 page, copy.]
Dec. ? 83. Petition of Wm. Tisdale to the Admiralty Committee, for a ticket for his prize money, not having wherewith to procure a meal or a night's lodging. Being of Col. Ingoldsby's regiment, was sent to sea and served four months in the Diamond. Was discharged 19 Oct., and returning sick to the regiment, was cast off, and exposed to much want, and can gain no "right or respect at all." [½ page.]
Dec. ? 84. Petition of Wm. Savell for Thos. Catron, his master, to the Protector. Has long solicited for monies disbursed by Catron in repair of Tilbury fort, and at great charge, got warrants 4 November 1651 and 30 July 1653 from the late Council of State for payment, but had not full payment; and now, by reason of the change of Government, Capt. Fauconberg will not pay the remainder. Catron has undergone great sorrows in prison and by suits at law for goods taken up for the State, and will suffer more through want of this money. Begs an order for the balance. [1 page.] Annexing,
84. i. Warrant by the late Council of State to Fauconberg to pay to Catron the monies due for work on Tilbury fort— 30 July 53. [2/3 page, copy.]
Dec. ?. 85. Petition of Capt. Peter Pryaulx, Geo. Gregory, and Jos. Denham and Co., to the Protector and Council. Last February, [see 8 Feb. 1653] we presented to the then Council of State a proposal to find and use a coal mine in the New Forest, Hants, which they approved, as did the late Council a like petition, which they referred to Col. Norton and Mr. Mayo, both of the county, who thought the business should be encouraged. It was then presented to the Irish and Scotch Committee, on whose approval it was referred to Parliament and by them to the Committee for Trade, who authorised Mr. Mayo and Sweet to make an agreement with the proposers, allowing them to dig at their own charges for 30 years in the limits prescribed, allowing the State 1/8 of the profit, and Col. Bennett was to report this to the House. We have been at great charges, and beg an order according to this agreement. [1 page.]
Dec. ?. 86. Petition of Col. Thos. Pride, John Thorne, Geo. Horne, and Thos. Edgley, sequestrators to provide for the cure of Bartholomew the Less, London, to the Protector and Council, for a prolongation of their powers. By order of the Committee of Plundered Ministers and the late Council of State, have faithfully provided for the refreshing the spirits of those who attend the ministry there, but their orders having expired, they fear things may return "into their old malignant channel." [1 page.] Annexing,
86. i. Order of the Committee for Plundered Ministers appointing them to provide for the said cure, gather the rents, and pay the minister for six months.—15 October 1652. [1 page.]
86. ii., iii. Orders in the late Council of State continuing their powers for six months and three months.—12 May and 3 October 1653. [2 papers.]
Dec. ? 87. Report to the Protector in the case John Bilton, that he attended the forces under his Highness in 1651, and was at great expense in following the army with the treasure under his charge, and that 10s. a day, for himself, servant, and horse, is a reasonable allowance. If he was not then a servant of the then Treasurers-atwar, and paid by them, he should be paid from the contingencies of Council. [Draft, 1 page.]
Dec. 88. — to his friends. We embarked in the G.O.C. [General Oliver Cromwell] and after many adventures, and tossings, doubled the Cape of Good Hope, came to harbour, and set to repairing our ships, expecting the Speaker, Self-seeker, Intelligence, Reformation, Dissension, Interloper, and other vessels which were to rendezvous there, and which came up 3 Oct. We made hay whilst the sun shone (the natives being brought so low that we needed not to fear them), and divided the country, lands, houses, orchards, woods, &c. to the several adventurers, according to their merits. But as many persons who had embarked in the G. O. C,, on some dissatisfaction, had forsaken it and gone aboard the Dissension, thus discouraging the adventurers, we decided that none of these should have any martial authority, or be admitted to council to determine anything concerning the State, nor share in the estates of the heathenish natives.
Passing by the outrages committed on the natives, those who had betaken themselves to the Dissension sailed N. by W. and carried with them the Reformation, and an old ship of great burden, called the Covenant. They agreed to take part with the natives, and despatched a small hoy called the Turnsail, with articles to be ratified by the Prince of the natives, which was done, and confirmed by oath. Thereupon a declaration was issued against the adventurers, who forthwith manned their old ship the G. O. C., and sailed away with a company of select mariners and soldiers, and on 1 Dec. came in sight of the Reformation, which kept to the windward, having the Covenant ready to fall in if required. After some encounters, the G. O. C. sprung a leak, and many of our men were troubled with sickness, so that we were forced to submit to necessity, hoisted sail, and floated into a creek called Desperation.
The Reformation, Dissension, and Covenant pursued and lay directly in the road, which much discouraged our mariners, but we soon recollected ourselves, manned a strong ship which always attended the G. O. C., called the Resolution, and by help of a strong gale, attacked the ships, shot through the Covenant, she escaping by towing herself to the Dissension, and sank the Reformation, taking out her tackling and colours as a memorial of our victory.
The Dissension and Covenant kept together, repaired their breaches, and resolved to run into harbour and try a land engagement. They incited the natives to free themselves from the cruelty of the adventurers, ordered the colours of the Covenant to be lodged with those which the natives formerly carried, with many other ceremonies submitted to by the natives as motives to amity. They marched in order to a place where they resolved to try their own courage and that of their adversaries, who still sailed in their old ship, the G. O. C. She set the men ashore; we drew towards the enemy, who had fortified the place and were resting, and before many days gave the onset.
We soon decided the controversy, made them run 9 ways at once, and had the precious opportunity of uncasing our old friends, then defeated enemies, much to our own satisfaction and that of others. For the ships, the Covenant was incapable of service, and the Dissension we used to transport some persons of wild principles to several ports of the nation, the mariners that managed her being willing to please all parties that came aboard. We hoped she would stand us in good stead in some difficult passages which required mariners skilled in cross and boisterous seas, but the effect thwarted our expectation.
Having again brought the G. O. C. into a secure harbour, with the Dissension, Interloper, Intelligencer, and 2 pinnaces, the Policy and Deceit, we left the Covenant in the north, amongst certain isles called the Oracles of the Kirk, putting as captain an old soldier, who was a Monk of the order of St. Sebastian (a good commander, and had served before in the Interloper), who kept company with the Intelligencer, and they had the pinnace Deceit and a long boat the Turnsail for their convenience.
Capt. Monk insinuated very discreetly into the admiral of the G. O. C., who sent the Intelligencer to barter with him. This gave much life to the navy, and especially to the admiral, who had betaken himself to the Dissension finding the G. O. C. grown very heavy, and the pilot so conceited that they would needs sail stern forward, which was ridiculous in itself, and gave much dissatisfaction to the rest of the fleet; and in conclusion, the admiral called a council aboard the Dissension, wherein they agreed to abandon the G. O. C. and build another ship, which they named the Protector, and was a strong ship all built of the heart of oak. [7 pages of a small book of 24 pages, containing also some notes of weights and measures, and a note in the same hand, about the writer's being cast into prison, and only saved by the gaoler's kindness from perishing for want of bread.]
Dec. ? 89. Breviate of reports ordered to be made to Parliament, recommending the payment of the following debts by the Commissioners for Public Debts, viz.:
To Capt. Jno. Mynn, son of Thos. Mynn, harbinger to the late King, but active in service of the State, arrears of a grant of 5,000l. under the Great Seal of 28 Mar. 1638 3,700 0 0
William Whittacre, for loss of horses and waggon in the service of the State, by order of Parliament, 25 Aug. 1642 100 0 0
Lady Leigh, widow of Sir Dan. Leigh, Bart., and afterwards wife of Capt. Jno. Cheswis, slain in the service, who lost a great estate in Ireland, for arrears of salary due to her second husband, besides the arrears for 4 years of a pension of 40s. a week granted her out of Haberdashers' Hall 256 3 7
Hen. Wollaston, late keeper of Newgate, disbursements for prisoners from 16411643 721 4 6
Ann Dickens, widow, 14 years' arrears of an annuity of 300l. purchased by her husband for 2,100l., being part of 1,600l. a year granted to Sir Sackville Crowe under the Great Seal, out of the revenue arising from wine licences, which annuity was her only dowry 1,750 0 0
Roger French, arrears of a pension of 40l. a year granted him in lieu of 400l. due for fresh water fish supplied to the late King and his household 440 0 0
Ann Leakers, alias Kinman, widow, with 4 children in great want, for gold and silver taken from her under pretence of an order of Sir Jno. Maynard that she was a malignant and Papist 1,000 0 0
Jno. Bland, merchant, for the value of wine and other commodities seized while in the possession of his partner, Andrew King, a delinquent, Bland having cleared himself to be well affected 2,480 16 8
Edw. Birkhead, Serjeant-at-arms, some compensation for being maligned by Hen. Jones, who alleged that he took bribes to set prisoners at liberty
Elizabeth Fletcher, widow, arrears due to her husband employed in the service 446 4 6
Mary and Sarah Brett, daughters of Sir Alex. Brett, whom the late King sent for, from his command in Holland, to serve him, and having lost his life therein, granted them an annuity of 100l. apiece out of the Ordnance Office, of which nothing has been paid since 1640
Grace, relict of Wm. Sykes, for payment of 85l., and security for a balance of 428l. 10s. 3d. due to her husband, making 513 10 3
Thos. Fisher, merchant, for the loss of the Bennet of Sandwich, while carrying provisions to Ireland, and interest for 10 years 2,098 12 0
Ladies Holcroft, Burlace, and Levingston, Mrs. Bray and Hobson, Mr. Blandue, and others, arrears of annuities granted by the late King
Servants necessary to be employed by the Committee, viz., Capt. Joseph Larke, clerk, and Christ. Fist, his assistant, 120l. a year; Jno. Sparrow and Wm. Blundell, messengers, 30l. a year each. [4 pages.]
Dec. ? 90. Anne, widow of John Calvert, to Gen. Desborow. I beg that, though my husband died of a surfeit, I may not be slighted more than others in like case, who have had their 20l. and I not a penny. Pray give me something to keep me alive meantime. [2/3 page.]
Dec. ? 91. Samuel Horsington to Ralph Parker. Now or never help me, or else I perish in my process; although I jest I am serious, so send me your attestation notorial that you made the agreement between Coult and myself, and that there was a general acquittance given on both sides between master and servant; and whatever it costs I will return it by the bearer. Do not forget to mention his promise to pay Mr. Roberson, and this in the Dutch tongue, so that it may stand in law; if you do not return this within 14 days, I am like to lose my process. [1 page.]
Dec. ? 92. Information of Hen. Symball, messenger.
1. Being driven into Yarmouth by storm, last Michaelmas, the postmaster, bailiffs and Mr. Kellett, of Golston, refused him horses to ride post to Sould; and Capt. Johnson of Yarmouth reviled him for taking one, which he found, as authorised by his warrant. [See 27 May 1653.]
2. Johnson being asked to peruse the warrant, treated it scornfully, and tore it, though it had the Council [of State]'s seal, and said it was but a colour for stealing his horse.
3. He also tried to force away Council's packet of letters.
4. After the post hire was laid down, he tried to force away the horse, and neither Kellett nor the constable who stood by would interfere.
5. He threatened Peter Cornelius, captain of a vessel appointed to carry the packets, who said he must witness the abuse.
6. He arrested Cornelius for this, and for his service in pressing the horse, and forced him to pay 3l. 10s. [1 page.]
Dec. ? 93. Petition of the Adventure's company to the Admiralty Committee, against their captain, John Best. He is drunken, and when they chase the enemy, he runs about like a madman, beats his company, and puts the ship out of trim, either from fear or favour of the enemy. Beg another commander. [½ sheet.] Annexing,
93. i. Articles against Capt. Best, MayDec. 1653; e.g., drunkenness, neglect of duty, cruelty to his men, misconduct in not chasing the enemy, and thus losing prizes. 43 signatures, 17 being by mark. [1½ sheets.]
Dec. ? 94. Charge by Capt. John Best and several of the Company, against the gunner, Chas. Byard, for disobedience to orders, making false accusations, and encouraging a spirit of mutiny against his captain, swearing, quarrelling, &c. [1¼ pages.]
Dec. ? 95. Petition of the preservators of the Forest of Dean, for themselves and the gentry, freeholders, and inhabitants, to the Committee for removing obstructions in the sale of Crown lands. Hearing that surveyors have been measuring a parcel of waste land, called Whitemead Park, which was never enclosed, but only hedged and ditched by the fee-farmers as a pound for stray cattle, for which a rent was paid to the Crown (though the enclosing it as a pound was an usurpation, and the fee-farmer never dared to cut the timber thereon), beg that no grant may be made thereof, the case being agitated by one that had a prime hand in the destruction of timber in the forest. [½ page.]
Dec. ? 96. Statement of the rights of the freeholders and commoners to commons, house boot, fire boot, &c. in the forest. Five years ago, Parliament stopped the ironworks in the forest because of the destruction of timber; but now one is opened again, and others to be built. The place of constable of the court is one of honour rather than profit. Fee, 10l.; with deer and trees, fees from fines, the right of holding the hundred court, &c. [¾ page.]
Dec. ? 97. Petition of Lieut. Ant. Robins to the Admiralty Committee. The Ordnance Committee, 15 March 1653, empowered me to repair to Gloucester, Bristol, Chester, Worcester, Liverpool, Beaumaris, and Hereford, and send all their ordnance, powder, ammunition, &c. to London. You also, on 23 March 1653, empowered me to press mariners on the Severn, and send them to Bristol, and to go from thence to Portsmouth, both which I performed in 96 days, but have received no payment. The Ordnance Committee say I should have 10s. a day; I have waited long, and all but myself that were so employed have been paid. [1 page.]
Dec. ? 98. Petition of Wm. Roffe to the Protector, to be one of his Highness's guard, having served in his own troop as trooper, and been faithful through the wars. [2/3 page.]
Dec. ? 99. Petition of John Tailyeor, late master of the Dolphin, belonging to Benj. Brease, merchant of Leith, to Gen. Desborow. I and the rest of the crew having received much loss by the abuse of Wm. Brandley, late captain of the Essex, and being put to great trouble and expense to recover our rights, and reduced to great poverty, beg your consideration of our grievances, and your help in procuring redress. [2/3 page.] Annexing,
99. i. Grievances of Capt. John Taylor. I went from Leith to Dantzic with passes of Col. Lilburne and the Admiralty Committee, and in returning on 20 August 1653, being storm-driven, 1 went to 3 English frigates for help. Capt. Brandley, on the Essex, sent for me and my mate, and though I showed him my passes, and begged him to consider the worth of my ship, he got us both on his ship, carrying us twice to the coasts of England and again to Holland. I was at last sent for to go aboard the Admiral, but Brandley first plundered my ship, taking away 3 boats full of goods, all my clothes, books, instruments, &c., and all my men except 7, and then sent me away in the ship, having even taken our provisions. [1 sheet.]
[Dec.] 100. Address of John Manley, farmer of the Posts, to Col. Montague and Sir Gilbert Pickering. Last June I contracted for the farm of the foreign and inland Post for 2 years, at 10,000l., rent, and was to have the carriage of all letters except those sent by known carriers.
After I had accepted the charge, I was requested to pay my rent quarterly beforehand, I suppose because I was a stranger to the Committee, and they did not know what estate I owned. This I did, even when the farm was violently prosecuted against during the last Parliament.
But the contract is not made good by suppressing all other lettercarriers, to my damage of 1,000l. at least. I beg that all such contemners of authority may be suppressed. Also I beg that I may not in future be obliged to pay my rent beforehand, and that my contract may be confirmed for a longer time, as I have been at great charge in erecting post stages, and intend to set up more, especially in Ireland. Also I am willing to settle packet boats between England and Spain. Therefore, as my term has only 18 months to run, if I go to these expenses, they will become the spoil of the succeeding farmer. With list of 10 places where persons carry letters without warrant. [2 pages.]
Dec. ? 101. Private instructions [by John Manley ?] to the deputy postmasters. To take care of the despatch of all his Highness's packets. To attend in person, if possible, if not to choose discreet deputies. To be careful in the choice of riders; not to allow them to receive private packets or letters, and if any such are given them, to send them up to me.
To suffer no mail to be opened without my leave. To have all letters given on the road put into the mail, and certify the number of letters to the office in London. To be vigilant, as opportunity may offer, to discover any designs against his Highness or the State, and give notice to the commanders of the nearest garrisons.
Not to permit any to ride post from London without warrant of his Highness, Council, the Generals of the fleet, Admiralty and Navy Commissioners, or myself.
Not to allow posthorses at other stages without examination of the applicant before a magistrate, when you are to give him a certificate, sending up copies of such certificates.
To keep a book of the names and qualities of all who ride post, and to inquire whether any are disaffected or dangerous, and if so, take and keep them in safe custody till you give me notice.
To take account of all travellers lodging in inns in your town, and if they are disaffected, or of the late King's party, or have come from beyond seas without license, do your best to keep them in custody till you give me notice; if you cannot do this by aid of the civil officers, ask the help of the officers and forces next you.
Have an eye upon the disaffected who live near you; observe their meetings and conversations, and give me notice.
Do not communicate these instructions to any, but use them for justifying your actions when needful. [1 sheet, printed.]