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102. Petition of Job and Sam. Allibond, Abr. Van Solt, and other
posts established for foreign parts, to Capt. Gen. Cromwell and the
Council of State. We were admitted to our places under the Great
Seal, granted to De Quester, as Postmaster General, who sold his
place to Thos. Witherings, covenanting that we should retain ours,
yet Witherings ousted us, and took the whole benefit; though what
he bought was only 1/10, as a fee for his office, out of the returns
of our voyages. We beg a hearing, though willing to lay down our
right for the public use, believing it may raise a benefit of some
thousands. [1 page.] |
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103. Petition of Capt. Rob. Blackleach to the Admiralty Committee, for the command of a ship in the present expedition. Left
his merchandising to advance the public interest during the late
troubles. After the fleet-revolted in 1648, engaged many seamen
and others to join Parliament; as a brother of the Trinity House,
opposed the personal treaty, when the major part fell off, and others
stood neuter. Engaged in the fleet against the revolters, and did good
service. Then returned to his merchandising, but through the danger
of the seas, has been twice taken and imprisoned at Dunkirk, and
losing both ships and cargoes, is at a low ebb. [1 page.] |
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104. Petition of Sam. Gettings to the Navy Commissioners. Was
long cook of the Peregrine, and bought the ticket of Rich. Williams
of the Leopard, who was transferred to the Peregrine, but lost it
with other things when the ship was surprised by the Dutch, and he
and Mr. Davies, purser of the Leopard, were left wounded at Leghorn.
Begs an order that Mr. Davies may make him another ticket. With
note in Italian: Ei ci fa piu chiarezze che il suole, e ti ha ingannato,
o ingannarti vuole. Also in Latin: Quid de quoque viro, et cui
dicas sœpe caveto. Curas hominum quantum est rebus invito.
Nemo mortalium omnibus horis sapit. Auriculas asini quis non
habet ? Aliquando bonus dormitat. Homerus sibi ipsi non semper
justus. [1 page.] |
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105. Petition of Jas. Hales of Dover, a poor seaman, aged 60,
master of the William of Dover, to the Admiralty Committee, for protection from impress for himself, a man, and a boy. Was once master
of a good ship employed by merchants to Spain, but his ship and
goods were taken by the Turks, and he carried to Algiers, and
thence sold into slavery, in a place remote from the sea, where he
remained 9 years, during which he should have provided for his
old age. At last had an opportunity to escape, and got home to
Dover, where his friends raised him a small hoy to coast between
Dover and London, &c., which is his only means to get bread for
himself and his poor old wife. [1 page.] |
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106. Petition of Anthony Hall, Jno. Stewart, Hugh Eccles, Wm.
Stewart Robert Naven, Robert Smith, John White, Simon Swaile,
Robt. Agnew, Jas. Templeton, and other merchants of Ireland, to the
Council of State, for a convoy from Chester to Carrickfergus. Have
come to London in the way of their trade, and are returning to the
north of Ireland, but find by the sad experience of some of their
neighbours, who have been taken, that the seas between England and
Ireland are much infested with pirates; and if they should be taken,
it would redound not only to their utter undoing, having formerly
sustained great loss, but also to the great prejudice of divers citizens
of London with whom they trade, there being several vessels to go,
of considerable value. [½ page.] |
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107. Petition of the tenants and inhabitants of Hambledon, co.
Rutland, to the Council of State. We have long been tenants to
the manor belonging to the Duke of Buckingham, which was purchased 1½ years ago, from the trustees for sale of delinquents' lands by
Thos. Waite, of Market Overton, member of the late Parliament, who
pretended that he had a 6 years' lease, and promised us, if we would
consent to the purchase, that he would make us new leases of our
farms, at the former rents, and without diminution of our farms, and
would not enclose our cow pastures without our consent. But if we
refused, he said he would leave us neither house nor lands. We
therefore allowed him to purchase at the old rent, and 72l. 3s. 9d.
improvement, though the lordship contains 2,244 acres. |
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But he has since lessened our farms, taking some to himself,
forced us to enclose our pastures, or he would do it, refused to
renew our leases unless we would double our rents, enclosed the
water springs and turned the brook, so that we cannot get water
without trespassing on enclosures, and will not suffer us to reap
the corn we have sowed by his consent, unless we pay 10s. and acre
for it. |
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The tenants, being 80 families, will thus be undone, 30 families of
labourers thrown out of work, and the parish depopulated, as he
says he will pull down houses as they become his by the death of
the tenants. We are unwilling to remedy ourselves by tumultuous
means, and therefore beg relief from you. [1 page.] |
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108. Petition of Thos. Herbert to General Cromwell. My father,
Rich. Herbert, 40 years ago mortgaged for 700l. lands in co. Montgomery worth 300l. a year to Wm. Benion, and put him in possession of part thereof, value 90l. a year. Wm. Benion dying, the
mortgage could not be redeemed in the minority of Thomas his son
and heir, but in 1641, my elder brother William obtained a decree in
Chancery for reconveyance of the lands to himself, on payment of
the mortgage and interest. |
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He living far from Wales, by the corruption of his solicitor, Sir Edw.
Salter, a master in Chancery, reported 2,100l. due to Benion, whereas
he was more than paid from the profits, and owed 3,000l. to Herbert.
But the 2,100l. not being paid, the lands were decreed to Benion. |
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I am now entitled to redeem the mortgage, partly as administrator
of my mother Barbara, whose jointure thereon of 60l. a year was detained from her 20 years ago, and who died 18 months ago, and partly
as assignee of my brother, and I exhibited a bill in Chancery, but could
not obtain relief on account of the decree to Benion. I appealed
against the decree but in vain, and now Thos. Benion intends
to enter on the rest of the mortgaged lands, worth 140l. a year, and
I and my family will be ruined, the case having depended 37 years
in the late Court of Wards and in Chancery. |
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I beg your help for a rehearing and reversal of the decree, as mortgagees are intended to have their principal and interest, but not the
lands mortgaged. [1 sheet.] |
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109. Petition of Henrique George Mendez, for the proprietors of
240 sacks of wool and 6 bags of cochineal imported in the St. George
and Salvador, to the Admiralty Committee, for an order to the Admiralty Judges to determine their suits without delay. The advocate
of the commonwealth has made all possible opposition, but though
publication has been made, and many parcels of goods decreed, they
will not hear this suit without special order, because of your order of
the 4th instant, about the lading of the Morning Star and Augustine
and other ships that fought. But the St. George and Salvador
never resisted, and therefore their cases might be proceeded with.
[2/3 page.] |
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110. Petition of Jonathan Randall to the Admiralty Committee, for the command of a small vessel, or a place as lieutenant
or purser. Has been in the sea service 12 years, was 4 years on the
coast of Ireland, and at the taking of most of the places of strength,
knows the adjacent coast, and could command a vessel for their
defence. Has always been faithful and orderly. [2/3 page.] |
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111. Like petition for the place of purser, for which he has long
waited, having been purser in several ships. [1 page.] |
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112. Petition of Rob. Rich, surnamed Mordecai, on behalf of the
Jews in England, Scotland, and Ireland, to Parliament. Ever since
1648 it was hoped that persecution for conscience' sake would cease,
and truth and mercy take its place; but contrary thereto, these 3
last years hundreds in England have been cast into dungeons and
prisons, some have perished, and others endured whippings, stonings,
and spoiling of goods for matters concerning their law and conscience,
though not transgressing one law of this nation. I beg that the
innocent in all prisons throughout these nations may be set at
liberty, and that if the sufferings of Jas. Naylor be not filled up,
the rest may be acted in my body. [1 page.] |
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113. Petition of Lieut.-Col. Edw. Salmon to the Council of State,
for payment of 622l. 6s. 7d. disbursed by him for work done in
the garrisons of Hull and Clifford's Tower, York. With reference
thereon to the Ordnance Committee. [1 page.] |
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114. Petition of Thos. Taylor, gunner of the Sovereign, to the
Admiralty Committee. Capt. Read has sent in a charge against me,
that powder was wanting during part of the engagement, and that
the Sovereign's guns did not reach so far as the Dutch ordnance. I
had 2,000 or 3,000 cartridges fitted for my sundry guns, though the
captain names a less number, and I did my best to deliver it out,
but the yeoman demurred about delivering it, as the boys came
down without the cases, and there was great danger in carrying it
among lighted matches, and in such a hurry. I could not help my
yeoman's miscarriage, for I was making shot out of a cannon of 7
inches, whereby the Dutch rear-admiral's mainmast was shot, and
thus he was taken. |
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The reason why the Dutch guns carried further was that they
used more powder, and carried their best long guns, whereas ours
were only chase pieces; also that the Sovereign was to leeward, and
therefore had not the same advantage of carrying shot as that which
was to windward. If you are not satisfied, I beg you to appoint me
a hearing, that I may be restored to my employment. [2/3 page.] |
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115. Petition of Capts. Edw. Thompson of the Ruth, and Sam.
Sayer of the Sapphire, to the Admiralty Committee, for protection
for their men from impress, their ships being of 400 and 300 tons,
and they having but 30 and 25 men, too few to navigate with,
unless they can get land men; but being damaged by embargo and
impress, they must run the risk rather than be undone by delays.
[1 page.] |
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116. Petition of Hen. Turner, late corporal of the Constant
Warwick, to the Admiralty Committee. I had a son in the Fortune,
in last February's engagement, where he lost his captain. The
successor, Capt. Ant. Archer, took the ship to Ireland, and being at
Kinsale, disposed of my son and two other youths, and I know not
what has become of him, which is against all honesty and good
conscience. I pray that as the captain is now at Bristol, you would
summon him before you to give account of the lad. Many soldiers
who were in the ship can prove the captain's unworthy dealing
towards my son and others. [¾ page.] |
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117. Petition of Rich. Turner, mariner, to the Navy Committee.
You gave me an order to the Admiralty Court for restitution of the
George, now the Swallow of Liverpool, detained by Capt. Step. Rich.
They granted a warrant of arrest against Rich for the bark and for
damages, on which I arrested him in the Dee, and he put in bail to
appear, but has since lived in Ireland, thus depriving me of the
bark, by which I have been so reduced that I cannot live by my
proper calling, and have been obliged to bear arms as a private
soldier in my Lord General's own regiment. I beg orders to the
Admiralty Court to force Rich's bail to restore me the bark,
which he has had 7 years, and satisfy my damages for the use of it,
&c. [1 page.] |
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118. Petition of Mary, widow of Jas. Warom, to the Admiralty
Committee, for such relief as given to other widows. Her husband
was clerk of the check in the Dolphin, under Capt. Wm. White, got
overheated in the engagement with the Hollanders, June 1653, and
died, leaving her in childbed and in great distress. [2/3 page.]
Annexing, |
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118.i. Certificate of Wm. White, captain, Paul Bush, surgeon,
and Jas. Moodie, steward, of the Dolphin, in favour of
the petition. [2/3 page.] |
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119. Petition of the overseers and rulers of the Watermen's Company to the Admiralty Committee. According to warrants from
you and the Navy Commissioners, we diligently impressed watermen
and sent them to particular ships, but many were stopped in their
passage, and sent to other ships. To prevent this, you granted us
warrants for their release, and one of us, Nich. Osborne, went
thereon to Gravesend. He was called on board the Gainsborough,
and his boat searched for seamen. On his inquiring what watermen
were there belonging to other ships, he was detained 2 days and
nights by order of the master, and not released without special
warrant from the Navy Commissioners, by which the 40 passengers
and goods in his boat were exposed to great danger. We beg that
the master may be summoned to answer his contempt of the Act of
Parliament and your warrants, that so we may not lose time and
money in the service. 4 signatures. Noted: "Master of the Gainsborough to pay 40s." [¾ page.] |
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120. Proposals of the rulers and pressmasters of the Watermen's
Company. That proclamation be made, under such penalty as
Parliament thinks fit, for all watermen and their servants who have
absented themselves to return to their habitation. |
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That the rulers be enabled by Parliament to summon when
needful all their members between Gravesend and Windsor to their
hall, and to disfranchise and punish those who disobey the
summons. |
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This would much promote the service, and bring in more men, and
more serviceable ones. [2/3 page.] |
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121. Petition of the masters and inhabitants of Wells, Norfolk,
and the adjacent parts, to the Admiralty Committee. Understanding
that you had commissioned 2 convoys to take the whole fleet to
Ireland, we expected the same benefit as Yarmouth ships and others,
but when Capts. Thompson and Wilkinson came by our coast, they
would not stay an hour, though we begged but one tide to come
out, and the weather was good, so that our 11 sail are left. We
beg speedy convoy, or not only our fishery adventurers will be
disappointed, but many poor families, whose livelihoods depend
thereon, will be undone. 42 signatures. [1 sheet.] |
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122. Petition of Abraham Woofe, mariner, to the Admiralty Committee, for the command of a ship. I have been at sea many
years, and am now in the service, and had 4 sons in it, but one
is since slain. I was most barbarously used by the Dutch, and
deprived of my estate in the East Indies, value 3,000l., as is more
fully expressed in my late book dedicated to the Council of State,
entitled "The Tyranny of the Dutch against the English." [1
page.] |
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123. Like petition. Has behaved faithfully in his trust, and
being out of employment, begs a lieutenant's place on one of the
frigates now building. [½ page.] |
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124. Petition of Joseph Markendell and 27 other parishioners of
Wolsingham to Sir Hen. Vane, and the other Commissioners of
Parliament, to appoint Edw. Agas, who has a living at Gainford, to
the living of Wolsingham, they being now without a minister, and
not to appoint Geo. Shaw of Pittington, who has formerly made suit
for it, as the whole parish "doth not at all affect him." [1 page.] |
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125. Petition of Rich. Bulstrode, prisoner at Bruges, to the King,
to pardon past errors, and restore him to his grace and favour, by
ordering the payment of the fees and charges of his imprisonment.
Is deeply sensible that for three years past he has lain under His
Majesty's high displeasure, for his breach of trust in the place he
conferred upon him, and as a just punishment for his great fault,
has endured two years and several months' imprisonment, to the
total ruin of himself and family, and the loss of one of his arms,
and is likely to utterly perish in prison without His Majesty's favour.
[1 page.] |
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126. Petition of Edw. Cooksey, prisoner in Bruges, to the King,
for release, having been imprisoned 7 weeks without allowance,
except 5s. Flemish from Capt. Lenthall. Is sorry to have been
drawn by Watson to so base an action, but would have told Capt.
Lenthall of it before execution. Served the late King 20 years, chiefly
at his own charge. [1 page.] |
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127. Petition of Catherine Vanlone, widow, to the King, for relief.
Has 68 guilders 8 stivers due to her for the lodging at her house in
Bruges of Col. Rich. Palmer, one of his Majesty's servants, since 20
June last, which he promises to pay when he receives his wages
from His Majesty. Is a very poor widow, and likely to starve without satisfaction. [2/3 page.] |
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128. Petition of Capt. Luke Whittington to the King, for an
appointment as agent, collector, and factor to the men-of-war which
he has already, or shall hereafter set out. There are several merchants willing to set out some men-of-war for His Majesty's service,
provided petitioner has the management of the business, according to
his commission, for all places under the power of the King of Denmark. Noted [by Sir E. Nicholas] that His Majesty leaves all
business of this nature to the Duke of York, Lord High Admiral.
[1½ pages.] |
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129. [Instructions given to an agent of Charles II. sent to England.] You are to acquaint the gentlemen you deal with that the
King is levying forces in Flanders, and that the King of Spain will
recruit them with an army, and provide ships to land them in England, with spare arms, &c. |
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That this King has made so firm a league with His Majesty that
he cannot without perfidy desert him, or agree with Cromwell, and
has promised to perish rather than desert him. |
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His Majesty expects his loving subjects' best endeavours to reestablish him, and free themselves, by providing horse and men to
be ready to obey his orders when he lands. Being tender of their
hazard, he does not require the personal presence of men of estate
on his landing, if they send trusty and well mounted soldiers. As
some are sick or old, and cannot engage, and some rich men dare
not have many horses in their stables, faithful officers and soldiers
should be provided to find keep horses in friends' stables, but extreme
caution is required. [1¾ pages.] |
[Chatham.] |
130. [—, storekeeper at Chatham, to the Navy Commissioners.]
As Mr. Ellis now makes sails here, it would be well to have the canvas
sent direct from London; the sending it from Deptford causes
damage, delay, double measuring, and often imperfect supplies.
Also it should be sent without the listing taken off. It would be
well if we had a magazine of provisions here, so as not to depend
upon Deptford. We have 300 old compasses in store, which, with
repair, might be serviceable. [1⅓ pages.] |
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131. — to Major-Gen. Desborow. As you may have lost the
paper that was given you from the Lord General by Col. Fitch,
I send you another; you were to request the Commissioners of
Customs to give you particulars what customs were paid on
tin and lead in each year, from 1648 to 1652. Also the like for
coals exported and imported for home sale, and for manufactures,
upon which there is a possibility of improving 10,000l. a year,
which the commonwealth is unjustly deprived of. [¾ page.] |
The Success, Stokes Bay, 8 a.m. |
132. Capt. Wm. Kendall to [Admiralty Committee]. I came from
Plymouth with 2 men-of-war, the Gift and the Duchess, and other
ships laden with sugar from Barbadoes and Virginia. A French
vessel told me the Flemish fleet were scattered 5 and 10 in a company; they are westward of the Isle of Wight, as a Hamburgher
from Bordeaux reports. Our ships left on Tuesday, and I shall follow when I have spoken with the Commissioner. [2/3 page.] |
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133.—Boiteurs to [General Cromwell]. Your desire for the good of
the church leads us to think that you will take particular care of
those of this island committed to your care. According to the discipline of the church, we of the consistory of the town have chosen
some elders and deacons in place of those who are dead. The congregation of 1,200 approved our choice by silence, but after the 2nd
publication a writing was presented signed by 5 or 6, by which
those elected are neither accused of ignorance nor scandal. The form
of the election was as usual, and was made before we heard of any
directions of Parliament, which do not indeed extend to deacons.
We have made a solemn promise to maintain our discipline, and
Parliament wishes the churches of this island [Jersey?] to be
governed according to their ancient customs, which are those of the
church of France. We have received no orders to the contrary, and
the direction sent, not being addressed to the pastors, has not been
observed. If there is to be any change in elections, let it be in
those to be made henceforth, not in those already made, as this
would cause scandal and quarrels. [1 page. French.] |
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134. Capt. Thos. Marryott to the Admiralty Committee. I beg leave
to defend myself before you. You know how Capt. Rich. Badiley was
accused, so that it was said he would be hanged, but when he came
to plead his own cause, he came off with honour, and his adversaries
with shame. My adversary was with me in Scotland, and I got illwill by trying to remove him into another ship. |
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I confess that I have so offended God that he might say of me as
of Ephraim, "He is joined to his idols; let him alone," but Christ
preached forgiveness of enemies, and so should we forgive one another,
therefore pray forgive me anything that may be objected against me,
and restore me to my command. [1 sheet.] |
[Canterbury.] |
135. Thos. Monins to Capt. John Browne, at Mrs. Dawson's, a
printer, opposite Half Moon tavern, Aldersgate Street, London. The
servants of [Thos.] Vincent, the saltpetre man, digging amongst the
stables next the Green Court in the cathedral, wanted water, and
would not take it from pumps near, but compelled Mr. Doe to give
them the key of the main cistern; they broke a hole in it, drew off
the water from some families, and would have done from more, but
I was told, and compelled them to return the key unless they could
show their commission. They wished to produce it before a justice
of peace, and whilst on the way, Mr. Moorland told the master
workman that he had bought the water and watercourses from
the State, and ought to enjoy them. The fellow, being a malignant,
said "How long will ye keep them?" |
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I went to Mayor Broadnex, who read Vincent's commission authorising
all justices to assist them in obtaining carriages, vessels, &c. for their
work, on payment of due rates. The commission referred to the
Act, but no one had the Act. Thereupon we offered him the use of
nearer pumps with plenty of water, saying we did not think the
State intended the inconvenience of so many families, but nothing
would serve them save the main cistern, and next day they again
demanded the key. We asked to speak to Mr. Vincent, but were
told he was gone up to London, probably to complain against us; he
will hurt us if he can, because he could not have his will of us the
last Kentish rising, when he was a captain. We beg to be informed
of our duty, that we may not get into trouble. [2 pages.] |
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136. Capt. Thos. Morris to [the Admiralty Committee]. Having
the charge of the Gristmill, a prize ship of Amsterdam, laden with
brandy, wine, and sugar, I brought it to Aldborough, when, on order
from Capt. Lane, I delivered it to Roger Yeaksley of the Triumph,
and joined Capt. Lawson on the coast of Holland; but on my return,
12 Sept., I found that Yeaksley had sold to Cromer, his neighbour
in Aldborough, a cable, sail, &c. belonging to the ship, and Cromer
would not say what he paid for them. [1 page.] |
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137. Mayor of Newcastle to — Col. Lilburne writes that there are
12 Holland men-of-war on the northern coast. Considerable convoys
are wanted for 250 colliers here, until the peace be absolute. There
are 60 capers out of Zealand. [Extract, scrap.] |
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138. Col. Nath. Rich to Gen. Desborow. The bearer has a son
lately come from Spain, who was pressed in the Downs before he
could reach London. Pray allow him to come and give his father an
account of his goods in the captain's hands, and then he will return
to his ship, which lies at Dover. Endorsed with note to the captain
of Blake to suffer him to come up. [1 page.] |
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139. Major Sedgwick to Dr. Walker. It is clear from the writings that the John Baptiste was a Dutch ship, the men Hollanders
and French, and the master a Hollander. The goods are all French
laden by a Dutchman. When the master and company were brought
aboard the Black Raven, and a council of war of all the commanders
of English ships present held, they declared the ship of Dantzic,
and produced writings accordingly, but afterwards denied it. Then
the master said it belonged to merchants of London, but could not
prove it, and there was nothing English on board. Details of his
false swearing, &c. He then owned that all the papers on board
were fictitious, and made to deceive the English. [3¾ pages.] |
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140. William Starkie to his brother Garrat Starkie. The night
we put to sea, a great flyboat ran into us, and took away our mizen
mast, and tore the mainsail; the master, being upon the poop, and
thinking we had been run down, endeavoured to get on board the
flyboat, but whether he succeeded we cannot tell. The wind being
S.W. by S., we stood for the northward, and the next morning we
put into Scarborough, for security of both ship and goods. Inform
the owners, and desire them to send some one to take charge of the
ship and goods, for there are none here that will meddle with
them. [1 page.] |
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141. Capt. John Stevens to the Navy Commissioners, Tower Hill.
I am sorry you refused my bill of exchange from Dover for an old
anchor taken in lieu of one broken in the Downs. My owner
would disburse nothing towards fitting the ship, so I started 600l.
in debt, was taken up for 3 months, and now am wanted to keep
the Channel in the winter, which requires fresh rigging. Having
served 4 months, I beg bills for the 3 months, viz., 360l. I have
spent 100l. here on sails and cordage, and not had a penny from
the owners. We have discharged some men sick, some run away,
and many are unserviceable. I have sent up our mate to get 30
or 40 more, and beg your warrant. [1 page, damaged.] |
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142. Dr. Walter Walker to the Admiralty Committee. I send as
ordered the form of an Act to enable the Generals at sea to try those
persons by a council of war. I have by proviso reserved to the
Court of Admiralty the jurisdiction which it now has, but shall no
way abridge the power given to the Generals at sea. In any
special case, such as never came to their cognizance, it is an advantage that there be an ancient power to try it. [½ page.] |
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143. Capt. Fras. Willoughby to the Navy Commissioners, Tower
Hill. Your furnaces were so long in coming that I was obliged to
buy them here, for fear of detaining the ships. The Charity is gone,
and the other two only wait weather. Iron furnaces are much
wanted for the pitch boat. The pitch heater dares not heat stuff for
careening the Sovereign with these. I have not written lately for
surgeons for the Great Charity and Black Raven, but you should
not blame me if, when I ask for things and they are not sent, I
provide them here. I have no objection against Harris the sailmaker. I want a copy of Taylor's contract. [1 page.] |
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144. Jerrard Winstanley and John Palmer, on behalf of their
fellow commoners, to the Council of State. Parson Platt and others
have informed you that we and others, called diggers, are riotous,
will not be ruled by the justices, have seized a house and put 4 guns
into it, and are cavaliers, and wait an opportunity to bring in the
Prince, on which you sent soldiers to beat us. These reports are
untrue; we are peaceable men, do not resist our enemies, but pray
God to quiet their hearts, and desire to conquer them by love. |
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We plough and dig, that the impoverished poor may get a comfortable livelihood, and think we have a right to do it, by virtue of
the conquest over the late King, who had William the Conqueror's
title to the land; the Norman yoke being thrown off, the land should
return to the commoners, but if the Norman power is still upheld,
we have lost by sticking to the Parliament. |
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1. We joined them relying on their promises of freedom of land;
they said "Give us your taxes, free quarter, excise, and adventure
your lives with us; cast out the oppressor Charles, and we will
make you a free people." Therefore we claim freedom to enjoy
the common lands, bought by our money and blood. |
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2. We claim it by equality in the contest. Parliament and army
said they acted for the whole nation; you gentry have your enclosures free, and we claim a freedom in the common land. |
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3. England cannot be free unless the commoners have use of the
land, else are we worse than in the King's days, if the Norman
power in lords of manors rules over us. |
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There is waste land enough and to spare. We only desire leave
to work, and enjoy the fruits of our labour. If this is denied, we
must raise collections for the poor out of your estates; but many are
proud and desperate, and will rob and steal rather than take
charity, and many are ashamed to beg; but if the land were granted,
there would not be a beggar or idle person. |
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England could then support itself, and it is a stain to religion for
land to lie waste and yet many to starve. |
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If you grant the land, we shall rejoice in you and the army protecting our work and serve you at will. [1 sheet.] |
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145. Draft of an Act against customary oaths. That no person
be compelled to do homage, or take an oath to do fealty, or any
oath on matriculation in the Universities, or on taking any degree,
or on entrance into the freedom of any corporation, society, or
company. |
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Proviso.—Persons holding offices to take oath concerning their
execution. Those who hold lands by tenure of homage to make
acknowledgment of holding the lands from the owner. Also, |
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Draft of an Act for more speedy recovery of rents. |
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On a grant of rent on reversion, with a rent incident thereto, the
grantee may, after due notice given by the grantor to the tenant,
bring an action for rent, with the same advantages as if the tenant
had atturnied to such grant at the time of the notice. Actions of
debt to be maintainable for rent received on a lease for life, or for rent-seck or rent-service against the tenants that should have
paid it. |
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A rent-charge or rent-seck not to be extinguished or suspended
by purchase of part of the land charged therewith, but to be
apportioned as in case of a rent-service. Also, |
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Draft of an Act for better regulation of pleaders and their fees. |
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No member of Parliament shall plead in any court of justice
except the counsel for the commonwealth. No one shall receive in
any one cause wherein he is retained counsel more than 5l. nor any
other thing valuable. Yet he shall give his advice and assistance
till the case be ended. Also, |
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Draft of an Act for preventing fraudulent contracts and conveyances. |
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All debts by bond, mortgage, &c. incurred before settlement of
any estate on wife or children or others, or in trust for them, to be
satisfied by sale of the lands so settled. |
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Any estates in which the purchaser joins his wife or children with
him, or purchases them in their name, are to be liable to his debts,
as if the whole estate had been in him, or in case of his death, had
descended to his heir. |
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All bonds or securities to persons indebted, and their wives and
children, to be liable for the satisfaction of debt. Also, |
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Draft of an Act against the sale of offices. |
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No office for life or during good behaviour to be granted to an
infant, or to anyone unable to execute it, or granted in reversion, or
bought or sold. Any offender to forfeit double the sum promised,
given, or received therefor. Any person coming in to any office
contrary to this Act to be disabled from holding it. All persons
selling or contracting for office to be disabled from bearing any
office of profit. Any persons suspected thereof to be examined on
oath, and a moiety of the forfeitures paid to the informer. [2¾ pages.
With marginal note (by Jos. Williamson): "Acts prepared about
1653, and printed by order of the House of Commons for the use of
the members. Drawn up by certain principal persons to Chief
Justice Hale and others, &c. By Mr. Povey communicated to me.
J.W."] |
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146. " Index of a small thin book of Acts in 4to, drawn up by
some chosen men of learning and experience, as Judge Hales, &c.,
1653, for the use of the members of the House of Commons, communicated to me by Mr. Povey. J. W. [i.e., Joseph Williamson],
1696." This contains the titles of 16 draft Acts, including the preceding 5, the last being an Act for county registers, wills, &c.,
also the titles of instructions for the registrar, tables of fees, the
oaths to be taken, &c. [1¾ pages.] |
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147. Act of Parliament of 43 Eliz., for relief of sick and wounded
soldiers. With note that it was continued 3 Charles till the end of
the first session of the next Parliament, after which there was no
Parliament till 1640, and then "the Long Parliament succeeded
and never ended the session, and so this Act continues still."
[7 pages.] |
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148. "The names of the forest claims delivered to me by Mr.
Keeling," being a brief account of the Court of Attachments, the
Court of Swainmote in which the verderers are judges, and the
Court of the Justices in Eyre. [1½ pages.] |
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149. Statement on behalf of the Muscovy Company:—The English
nation has been at great expense of money and men to find out the
North-east passage, and though they have missed it, they have discovered several ports and havens unknown before, as the Bar of St.
Nicholas and the road and river of Archangel, then belonging to the
Great Duke of Muscovy, and the only seaport of his dominions. We
traded there a few years till the Duke invited us to Moscow, and
on account of the great benefits redounding by English merchants to
Russia, he granted us large privileges, and sent an Ambassador to
England therefor. The trade has been unquestioned 100 years, in
spite of revolutions of Emperors, till in 1646 Alexea Michaelowitch,
the present Emperor, took away our privileges, imposed large customs
on us, and seized goods of great value by fraud. On his father's
death in 1645 he had promised us large privilege, and sent an Ambassador, whose entertainment cost us 1,500l. We sent out more goods
than usual, but he charged them double the customs of other
nations, so that we had to forbear trading to a loss of 50,000l. |
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The next year at Whitsuntide, when it was too late to send
advice to England, he told the merchants there that no English
goods should be admitted, calling us traitors and the servants of
traitors, and unfit to live in any Christian state. The merchants
asked leave to settle accounts and get in their debts, which he
allowed, but they were not to bring any goods to Moscow. He
ordered us to bring in a list of our houses and debts, value 30,000l.,
which we did, and appointed an officer to attend to them, but we
got no satisfaction, and were ordered to depart his dominions. This,
we think, was caused by Culpeper, Ambassador of the pretended
King of Scots, then residing there, the Emperor having sent or lent
large sums to the said King. He also compelled us to pay in
full all our debts to his subjects, though not receiving our own.
[1¾ pages.] |
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150. Account of the loss sustained by the Eastland merchants of
London, Ipswich, and Yarmouth in ships, merchandise, and goods
in Denmark, 76,767l. 12s. 6d., which, with the owners' and 'masters'
claim for freight and other charges, and the mariners' adventure,
with loss of clothes and time, make 141,257l. 4s. 6d. The merchants
of Hull also claim 4,981l. 2s. 8d. [1 page.] |
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151. Project of English trade by Sir S[ackville] C[row]. Observations how to make a great addition to the wealth and common
stock of England, by a careful use of clothing, provisions, and
drinks; by abstaining from the excessive use of foreign commodities; by breeding cattle, tilling and draining lands, making
turf, planting timber, improving mines, regulating manufactures,
husbanding ship materials, breeding mariners, attending to the
fisheries, taking care of the balance of exports and imports, increase of our plantations, &c.; with suggestion that for the better
effecting thereof, there should be a Committee of 12 persons to carry
the same into effect. [Parchment, 1 sheet.] |
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152. Note that letters of marque having been granted by order of
Parliament to Mary Page, widow, to seize on Dutch, French, or other
ships, she and company set forth the Mary, which seized upon a
ship called the Sun. At the time of the seizure, there was no
Admiralty Court, and the master of the Sun, who pretended to be
of Emden, petitioned the then Council of State for release; but
upon Page showing the writings taken on board the Sun, the Committee for Irish and Scotch Affairs, to whom it was referred,
would not release it. Judges being appointed for the Admiralty
Court, Mary Page began her legal course for condemning the ship
and goods, and the judges condemned her as lawful prize. From this
the claimers of the Sun appealed to the delegates, and the cause
being concluded, and ready for judgment, the Lords Commissioners
have appointed Major-Gen. Thomas Kelsey, Col. Jno. Clarke, and
Col. Edw. Salmon, with others of the common law, and some doctors
of the civil law, to be judges in the cause. The reprizers pray that
their Honours will spend a few hours some afternoon at Serjeants'
Inn next term, to hear the cause and give a definite judgment.
[¾ page.] |
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153. Note of bishops' glebe lands unsold in cos. Lincoln, York,
Gloucester, and Kent. [½ page.] |
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154. Statement by Rich. Hutchinson, Navy Treasurer, of his first
3 years' action. |
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Sums received and issued by me in 1651, 460,000l.; in 1652,
600,000l.; in 1653, 140,000l.; total, 2,460,000l. The allowances
given to former treasurers, being 220l. fee by patent and a poundage
of 3d., would have amounted in the 3 years to 31,410l. One third
part of this was proposed, which would have been 10,470l., but my
receipts have only been 4,000l. Also in the last 2 years I have had
to make all payments relating to the Tower, which were formerly
paid by Major-Gen. Harrison, who would have received 5,000l.
therefor, but I have received nothing. [2/3 page.] |
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155. Proposals of the Navy Victuallers:— |
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1. The captains to ascertain what provisions their ships can
carry. |
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2. The stewards to take charge of the provisions. |
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3. The seamen not to meddle with provisions in the hoys. |
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4. The stewards to give clear receipts for their provisions taken
from the hoys. |
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5. The hoymen to be punished if they neglect their voyages when
laden. |
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6. The victuallers to be allowed to remove the great storehouse
from Rochester to London. |
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7. Allowance to be made for waste of provisions laden on
victualling ships, and the victuallers to have liberty to put a man
on board each ship to lift them forth. With note that this last
clause is to be referred to the Navy Commissioners. [2/3 page.] |
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156. Notes to be considered on the victuallers' business. To know
what the Navy Commissioners have done in disposing of the cast
ships, timber, &c. at Woolwich, Deptford, and Chatham, and about
the dock at Woolwich. To consider whether the Falmouth, Bear,
and Tulip should be refitted or discharged. To consider certificates
about the Bear, Falmouth, and Stork. [½ page.] |
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157. Answers of Capt. Sam. Windis, agent at Chester and Liverpool to the Navy Victuallers, to the complaints of the officers and
seamen of the Satisfaction, addressed to the Admiralty Commissioners, Navy Commissioners, and Navy Victuallers. Vindication of
the quantity and quality of pork, beef, beer, &c. supplied. With
names of 23 persons who will prove his assertions. [4 pages.] |
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158. Note that Jas. Ayscough, for his fidelity and ability, was
appointed master of the Cignet by General Blake. Upon an information made to the Mayor and aldermen of Bristol, he was committed to prison there, where he yet remains. This information was
taken behind his back, and as he has never had a copy, nor seen or
known his accusers, he cannot have a fair trial. One of the two
informers has run away, and the other has been fetched away from
the ship as a felon. The captain of the ship acknowledged, before
the Mayor and aldermen, that the master never neglected his duty,
and he has always been in actual service for Parliament, and well
affected and faithful. The knowledge of this caused the Mayor and
aldermen to write the Admiralty Committee for his enlargement,
but the ship having gone to sea before the arrival of General Monk's
order, it could not be performed. |
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It is believed that because the master kept a journal of the
captain and other officers' actions, that he might the better give the
General a true account, the captain being very tardy in discharge of
his duty, and knowing the master could inform against him if
required, secretly caused these complaints to be made against the
master, and thus clapped him up, and then placed his own brother
in the master's charge, whose connivance will not disturb his
negligence. Noted in shorthand: "To offer him to take his bond,
and that he appear here." [1 page.] |
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159. Certificate by Wm. Ryley, Norroy king-at-arms, that Rob.
Blackborne, secretary to the Admiralty Commissioners and to the
Commissioners of Customs in the port of London, son of —
Blackborne, co. York, son of — Blackborne, co. Lancaster, is
entitled to arms, but granting him a crest because, by neglect of
his ancestors, there is no crest with his coat of arms. [Latin and
English. 1¾ pages.] |
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160. Answer of John Beauchamp. merchant, one of the defendants, to the bill of complaint of John Crane, complainant. Knows
nothing of King James being seized in fee of certain lands, manors,
therein mentioned, nor of any conveyance by patent of lands to
persons named for the use of the late King Charles, nor of the contract
in March 1633 between Sir Fras. Crane and Prince Charles of any
such lands, &c., nor of the payment of money to the Prince for such
lands by Sir Fras. Crane, nor of any rent reserved upon such
contract to the Prince. |
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Knows nothing of the indenture dated 20 June 1634, between
Thomas Viscount Savage, Francis Lord Cottington, Sir Fras. Crane,
Sir Thos. Trevor, Sir Walter Pye, and Sir Jno. Bankes of the one
part, and Sir Edw. Baesh and Jno. Beauchamp of the other part,
nor of the grant said to be made by the late King on 20 Nov. 1634,
of any of the lands or tenements in the bill mentioned to Sir Fras.
Crane and Rich. Crane, his brother, nor that the names of Sir Edw.
Baesh and Jno. Beauchamp were made use of in trust only for Sir
Fras. Crane in the pretended deed; neither does he know that
Sir Fras. Crane, by virtue thereof, entered into the said lands and
tenements, and died seized thereof without issue, nor that Rich.
Crane, his brother, heir and executor, entered into the same. |
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Also knows nothing of the agreement or composition of Aug.
1638, by Jno. Lightfoot, commissioner, for Rich. Crane, Sir Thomas
Middleton and others, on behalf of themselves and the tenants and
freeholders of the said lands and tenements, or that Rich. Crane
made a will, devised several legacies, and appointed complainant, Jno.
Hawtry, and Jno. Beauchamp his executors. |
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Believes that if any such will was made, it was not produced, but
kept in secret for divers years after the death of Rich. Crane, but
does not know whether Jno. Hawtry renounced probate thereof, nor
whether complainant has proved the same and paid the legacies.
Denies all combination, or that he was ever required to execute any
trust as alleged. If John Beauchamp, his father, did in his lifetime
assign or convey the pretended lease, believes such assignment was
made by him with the aid of his counsel, and not without a valuable
consideration. Believes that Richard Arundel is dead, and that he
made a will and made Fras. Arundel, his son and heir, sole executor,
and he appointed Traherne Scawen and this defendant executors
during his son's minority, but denies that he, this defendant, has ever
acted therein. [Draft. 10 pages. With note of the cost of engrossing
and filing it; total, 2l. 16s. 8d.] |
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161. Reasons to move the Council of State to grant their order to
pay 1,627l. 14s. 9½d. arrears due to Col. John White, clerk of the
ordnance, and his clerks. That the labourers in the office have been
paid; that his salary is no more than in times of peace, though the
work is 5 times more; that he has forborne fees, though his predecessors made them worth 150l. a year; that he has waited long for
his money, and disbursed much for paper and books for the office;
that the Navy Commissioners, whose work is only about the fleets,
are paid quarterly, whereas the Ordnance Office supplies not only
fleets but garrisons, castles, trains of artillery, &c. His allowances
are 315l. 7s. a year for himself, and 60l. and 50l. for two clerks.
[1½ pages.] |
