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Volume 65: January 1654

Pages 344-380

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

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January 1654

Jan. 2.
Yarmouth Roads.
1. Capt. Ch. Myngs to the Admiralty Committee. I attended Ambassador Whitelock, and on 15 Nov. we arrived at Gottenburg, whence he set forward on the 23rd to the Court. We were detained there by contrary winds. My crew was sickly, 90 ill and 5 died. We met 3 Holland men-of-war, with 8 or 9 merchantmen, and fired some guns upon them, but our sickly and weak condition compelled us to leave them. We came up with the Phœnix, which had left port a day before us and had been in fight with a Holland man-of-war, and had 4 killed and 11 wounded, besides the loss of her bowsprit. I shall sail to Portsmouth to revictual. [1 page.]
[Jan. 3.] 2. Petition of Peter Dacton, mariner of Barnstaple, to his Highness's Council. The George Bonadventure, laden with salt for me, was taken by the Nonsuch 28 Nov. last, and carried into Peran, Cornwall. My suit to the Protector for its restoration on payment of salvage was referred to you [see 31 Dec. 1653], and by you to the Admiralty Judges. As an Admiralty judgment would cost 10l. more than the salvage, I beg an order to the Prize Goods' Commissioners to act according to justice and the Act of Parliament thereon. [1 page.]
Jan. 3. Reference thereon to the Admiralty Commissioners. [I. 75, p. 32.]
Jan. 3. Council. Day's Proceedings.
4. Liberty to be given to the Lieutenant of the Tower to admit such persons as he thinks fit to visit Lieut.-Col. John Lilburne there. Approved by the Protector, 10 Jan.
5. Sir Chas. Wolsley, Sir A. A. Cooper, Mr. Rous, Major-Gen. Lambert, and Col. Montague to be a Committee to regulate the justices of the peace through the nation, and present the names to Council. They are to send for the books of the commissioners of the peace, and the lists of those appointed by the Committee of Parliament, and the papers concerning the same, for their better information.
6. The Commissioners for the Great Seal to have notice not to alter or put in any commissioner of the peace without special order. Approved by the Protector, 10 Jan. (fn. 1)
7. Sir Wm. Constable, sheriff of Yorkshire, to have liberty to live in York during this year of his shrievalty, without being obliged to live in the county, he discharging the duties of his place. Approved 10 Jan.
8. Wm. Hickman, sheriff of Nottinghamshire, to have like leave to reside in his house in Lincolnshire.
9. Sir A. A. Cooper and Col. Sydenham to consider the case of Mr. Allen of Weymouth, and report what they think fit for his relief.
10. The petition of William Kiffin, James Barkin, Josias Everson, and Robt. Osler to the Protector, referred by his Highness to Council, read.
16, 17. That of Richard Young and others, in behalf of themselves and other creditors of Peter Smart, referred to Mr. Rous, Major-Gen. Skippon, and Col. Jones, to consider what may be done for their relief, and report.
21. Order that the Paragon be substituted for the Tiger to transport the Dutch deputies to Holland, the Tiger being supposed by the Admiralty Committee to have gone out to sea.
22. An Ordinance constituting a Committee for the Revenue, and for repealing the powers given to the former Committee, read the first and second times, and committed to Col. Jones, Sir A. A. Cooper, Major-Gen. Desborow, Col. Montague, and Mr. Strickland. Secretary Thurloe to assist the Committee therein. Approved 10 Jan.
23. The business of captives referred to the Committee for the preservation of Customs, with the same powers as the Navy Committee had formerly to issue moneys for the purpose, and report their proceedings from time to time to his Highness and Council. Approved 10 Jan.
24. Gualter Frost to pay Mr. Pell, the mathematical lecturer, his salary of 200l. a year as settled by the late Council of State, due and in arrear to 25 Dec. last. Approved 10 Jan.
25. The letter from the Generals of the fleet, dated Dec. 30th last, to be considered next Thursday.
26. Mr. Scobell to prepare an Ordinance for a Committee to regulate the Ordnance office, with the powers established by the late Parliament.
27. Edw. Birkhead, Serjeant-at-arms, to detain in custody all prisoners committed to him by the late Parliament, and not release them without special order from Council, and report from time to time of the business; all warrants from any Commissioners of Parliament or of the Lord Protector and Council, for apprehending delinquents, &c. to be directed to him, and executed by himself or his deputy, as authorised by order of Parliament, Oct. 12, 1653. Approved 10 Jan. [I. 75, pp. 30–34.]
Jan. 3.
The Swiftsure, near the Horse.
3. Gens. Geo. Monk and Wm. Penn to the Admiralty Committee. We are sailing though the wind is but little E. of N. We have several times desired provision to be made for sick and wounded men sent to Portsmouth, Gosport, and the Isle of Wight, and you say you have ordered it, but Mr. Willoughby cannot pay the quarters of those already sent. Pray take speedy course, or the poor men will suffer. Let our commissions be sent.
P.S.—We have fallen down to Ellen's Point, where are several other ships. [1 page.]
Jan. 3. 4. Copy of the preceding letter. [2/3 page.]
Jan. 3.
Plymouth.
5. Capt. Hen. Hatsell to Robt. Blackborne. I received yours in relation to Dutch affairs and was moved at the freedom given to their Ambassadors in our very bowels, but the Lord will order all.
The Nightingale has come in from Ireland, and at the Start, had a scuffle with a Dutch man-of-war for 4 or 5 hours, when they parted. The Portland is nearly ready, and shall bring other ships and the 3 prizes for London. The Governor of Pendennis writes that the Elias, with the money for Scilly, has been driven back by the storm, but sailed again. Coals are 22s. the quarter here, 15½ bushels of our measure make a London chaldron, which is 42s. 6d. Your brother is well. [1 page.]
Jan. 3.
The Phœnix, Ousley Bay.
6. Capt. Nich. Foster to the [Admiralty Committee]. I sailed from the Hope on 6 Nov. with Lord Whitelock, the Ambassador to Sweden, on board, as also his retinue and goods, in company with the Elizabeth and other ships appointed to attend him, and landed him at Gottenburg on the 15th, where he was honourably received by the Governor and the magistrates, and on the 30th he began his journey towards Stockholm.
We started on 3 Dec., but were forced back; I sailed again on the 20th, as the men were sick, provisions spending, and the frosts approaching. We had much wind and snow, but got on to the Juttish coast, when on the 21st we saw a fleet, which proved to be Hollanders from the Sound, 72 sail; we engaged with them, but were forced to leave them after a hot fight, wherein I had 4 killed and 11 wounded, and my bowsprit and masts shot away. Details of the engagement; 400 horse and foot stood on the shore in view all day.
On the 22nd we bore for England, and on the 25th came up with the other ships from Gottenburg. If the Elizabeth had come out with us, we had destroyed that whole fleet. It is reported at Gottenburg that the King of Denmark is much troubled that he affronted our nation by staying our ships, and blames evil counsel for it; De Witt endeavoured to comfort him with a cordial of their great victories over us at sea, and gave him a list of 22 sail sunk and 8 taken, besides putting the rest to flight, but his own subjects are now able to inform him that a small frigate fought and routed their fleet, and next day (the Lord helping us) made her way through 3 of their ships coming to avenge the quarrel, the least of which exceeded the Phœnix. Lord Whitelock was said to arrive on 24 Dec. at Upsal, 4 Swedish miles from Stockholm, where he is to have his audience. I have reported to Major Bourne the condition and wants of my ship, for if I went to Portsmouth, as ordered, and found no masts, time would be lost. [3½ pages.]
Jan. 3. 7. Copy of the above. [3 pages.]
Jan. 3.
Prize Office.
8. Commissioners for Prize Goods to the Admiralty Commissioners. Our Sub-Commissioners at Dover report that though they put waiters on board the prizes of privateers, to prevent the embezzlement of goods, and not to suffer any to be landed without account of the tenths to the State, yet in absence of the waiters, they land and dispose of the goods, and threaten that they will not give an account.
There are now 13 prizes at Dover, and if this be suffered, the State will be much wronged. Capt. Isaac Phillips contends that as the prizes he took were under letters of reprisal and not of marque, and are for restitution for wrongs done to him, the 10ths are not payable thereout; we desire the opinion of the Admiralty Judges thereon, and if the tenths be not due on these letters of reprisal, they should be taken in, and others granted liable to the tenth. [12/3 pages.]
Jan. 3.
The Swiftsure.
9. John Fowler to Rob. Blackborne. Our Generals have added to my toil by an order to attend the court-martials that are called on board other ships, as they have given power to the commanders of squadrons, flag commanders of divisions, and particular captains to call such courts. This will be a great increase of trouble, as I am too infirm to trust to my natural legs, but use 4 legs in our motionary wooden houses.
However, without any motion of mine, they have restored me the 16d. a day taken from me, with the 8s. a day ordered 2 Feb. last, as promised me by the late Gen. Deane, in presence of Gen. Monk, Vice-Admiral Penn and others, when I entered on my employment, but he lessened it in favour of De Bancks, appointed my assistant. De Bancks however did me little good, and has now deserted, so I hope no further trouble will arise.
The commission was dated 4 Oct., and I have acted ever since. I wish the 8s. a day might be issued to 31 Dec. and then begin a new year's account, so as to save my wife's trouble of coming to town and attendance. I wish you all prosperity this new year. [1 page.]
Jan. 3.
Bruges.
10. Jas. Robinson to Hen. Darly, Gray's Inn Lane. The people here have imposed a new duty upon English cloths, and make those pay which only pass through, contrary to the rights of free commerce. The Hollander has prohibited the transportation of hemp, pitch, tar, and cable yarn, solely to keep you from them, and render England incapable of navigation. If letters of safe conduct there and back are sent me, I will come over and declare to you or the Parliament a way of frustrating these designs, which I know by virtue of my place and calling here. [1 page.]
Jan. 4. Council. Day's Proceedings.
3, 7. The order of yesterday referring the business of captives to the Committee for Preservation of Customs, to be presented by Mr. Strickland to his Highness for approbation; being so presented and approved by him, it was confirmed, the approbation being declared in presence of Mr. Jessop, one of the clerks of Council.
4. Lambert, Montague, and Jones to be a Committee to consider the establishment of the army, and the business of the Army Committee.
5, 6. A paper presented by the Commissioners in the Act of Parliament for Accounts and clearing of Public debts referred to Wolsley, Cooper, and Montague, to report what they think fit to be done, and Mr. Jessop to attend the Committee. [I. 75, pp. 34, 35.]
Jan. 4/14.
Camph.
11. Patrick Drummond to Mr. Parker, Flushing. I desire you to deliver to my servant what is wanting of His Majesty's proportion of butter and cheese, as clear as you can make your computation, every proportion in its own kind. Present my service to my lord of Derry, and all your company, and despatch my servant as soon as you can, for fear the canal be frozen betwixt this and Middleburg.
P.S.—I have received 373½ lbs., Flushing weight, of cheese, besides what I desired [you] to give to Capt. Bannister for me, also 5 kilderkins of butter. [¾ page.]
Jan. 5. 12. Petition of the trustees and contractors for sale of the late King, Queen, and Prince's goods, to the Protector. We have inventoried, appraised, and sold the goods, as authorised by 2 Acts of Parliament. We have had many obstructions by restraints put on our proceedings by the Council of State, weighty affairs not permitting them to choose the 20,000l. worth of the goods to be reserved for the State.
Three years ago the late Parliament passed a list of the debts of several hundred creditors and servants of the late King, and ordered us to pay them, but we could not do it on account of the restraint on the sale of the goods.
The poverty of some and malignancy of others of these creditors have caused them to bring many scandalous complaints against us, as though we were unfit for our trust, but nothing has been proved against us.
We beg your orders about the 20,000l. worth of goods, that we may sell the rest, pay the debts, and get free from these clamours and complaints. 8 signatures. [2/3 page.]
Jan. 5.
Whitehall.
13. Reference thereon to Col. Jones, Sir Chas. Wolsley, Mr. Strickland, and Col. Montague, to examine what goods are unsold, and the debts claimed out of them, and to report. [½ page. This reference is not in the Council Order Book.—Ed.]
Jan. 5. Council. Day's Proceedings.
2. Order on a letter from the Admiralty Committee to the Committee for Inspecting the Treasuries, certifying that 1,000l. is necessary to be paid by the Commissioners for Prize Goods to the Committee for Sick and Wounded Seamen, that the 1,000l. be paid as desired, notwithstanding the order of the late Council of State for paying 50,000l. in the first place to the Lieutenant of the Tower. The Committee for Inspection to issue warrants accordingly.
3. The instrument entitled "The Government of the Commonwealth of England, Scotland, and Ireland," to be enrolled among the parliamentary rolls and in all the courts at Westminster.
4. An ordinance touching further sale of the goods of the late King, Queen, and Prince, read the first time.
5. Sydenham, Thurloe, and Scobell to state the business touching Sir John Lenthall, and report. [I. 75, p. 36.]
Jan. 5. 14. Order by the Trustees for sale of forest lands that Jasper Waterhouse, of Staple Inn, Holborn, gentleman, deliver to Wm. Ryley, their agent, all records, &c. relating to the justice seats of the forests of Waltham, Whitlewood, Clyve, Rockingham, and Saulcy, or any forests where John Keeling or his father attended, which records, &c. are now in Waterhouse's custody.
Endorsed: "21 April, Jacobi. A proclamation for the registering of all knights bachelors. See for the proclamations at the Rolls." [¾ page.] Annexing,
14. i. Note by Keeling of the records remaining in 11 forests named.—16 Jan. 1654. [2 pages.]
Jan. 6. Council. Day's Proceedings.
1, 2. Order on the petition of the late Committee of the Militia of London to his Highness, that an Ordinance be prepared and tendered to Council, as desired by the petition.
3, 4. An Ordinance for continuing the Committee for the Militia of London to certain purposes read, and referred to Lambert, Skippon, Montague, Sydenham, and Pickering, to report.
5, 6. A certificate from the judges for probate and wills and granting administrations, dated Jan. 2nd, referred to Cooper, Wolsley, Rous, and Pickering, to consider the table of fees and the Act, and to report.
7. 15. The Admiralty Committee to consider speedily how the coast of Scotland may be accommodated with 3 ships of war, and to certify their names and quality, and the reasons why the sending of them, ordered by the late Council, was omitted.
8, 9. The petition of Col. Philip Twisleton to his Highness, on behalf of his regiment, referred to Lambert, Skippon, Montague, Sydenham, and Pickering, to report.
10. Two troops of 100 dragoons each to be raised according to an order by the late Council of State, to be sent into Scotland for service. Each troop to consist of 100. Approved 10 Jan.
11. The Commissioners for Inspections to consider and report what Treasury should be charged with 1,400l. for providing horse and furniture for these two troops, after the rate of 7l. for each dragoon.
12, 13. Recredential letters to be sent with Mr. Stockarus, agent for the Protestant cantons of Switzerland, and to the Duke of Holst by his agent, Col. Wirtz, now about to return. The drafts now read to be presented to his Highness. Approved 10 Jan.
15. Order on petition of John Jackson, that the Trustees for sale of delinquents' goods, sitting at Drury House, forbear for 3 months the sale of lands said to be bought by petitioner, being part of the estate of Richard Tempest, of Stock in Craven, Yorkshire. Approved 10 Jan.
16. Sir A. A. Cooper and Col. Sydenham to confer with Mr. Cressett, Mr. Parker, and Mr. Pitts, and report what they find most convenient to facilitate the bringing in of money on the Act for sale of forest lands.
19. Col. Montague and Sir Gilbert Pickering to consider the petition of John Manley, farmer of the Posts, and to propose how the Post Office may be most conveniently managed for the Commonwealth's service.
20. Note that all the preceding orders not formerly read, were this afternoon read and approved.
22. The petition of Beatrice and Alice Rigby, infants, by Henry Nowell, their guardian, read.
23. Sir Charles Wolsley to bring in the Ordinance touching the duchy and county palatine of Lancaster.
24. The Committee for Accounts and Public Debts to resign the chamber at Worcester House, where they now sit, to the Trustees for the sale of fee-farm rents, who formerly used it, for the better accommodation of the service.
26. An oath to be taken by the secretary and clerks of Council not to disclose anything debated there and ordered to be kept secret, without direction from his Highness and Council.
27, 28. Note that Henry Scobell and Wm. Jessop, clerks, took the said oath before Council. [I. 75, pp. 37-41.]
Jan. 6.
Plymouth.
16. Capt. Hen. Hatsell to Rob. Blackborne. By yours of the third, I find the Dutch and we are parted. Peace is desirable, had the Lord given it us, but we must go to Him for counsel and courage to do our duty, though we may be laid in the dust. I was burdened in spirit to think of the freedom those enemies had amongst us, where they had all advantages to carry on their work, we studying their advantage rather than our own, so that some said we feared them, but I hope time will show the contrary.
Particulars of ships. If I could be more useful to you there than here, I will come up after settling affairs here. Capt. Salmon's widow has been often with me about the money given her children by Parliament. Send me a copy of the order, that I may take proper security. [2 pages.]
Jan. 9. Council. Day's Proceedings.
1. Order that as there are several cases wherein bills of store have usually been granted, for freeing goods from payment of Custom and Excise, the Commissioners of Excise and Customs be required to allow of such as Council thinks fit to grant.
2. Col. Jones to attend his Highness with this order, and return an answer to Council.
3. Order, on petition of Richard Fanquant to his Highness, for release of the ship Hope, that the Admiralty Committee consider whether it be fit to release the vessel, or to refer it to the ordinary proceedings of the Admiralty Court.
4. Order, on petition of Nathaniel Goodlad and the rest of the creditors of Sir Allen Apsley, deceased, that the order of the late Council of State of Dec. 9th, 1653, touching the trustees and creditors of Sir A. Apsley, be confirmed, and the several parts thereof obeyed by the persons concerned.
5. 17. Order that the report from the Admiralty Committee concerning 3 ships designed for the guard of Scotland, and the employment of a fourth there, being a prize ship taken by Capts. Smith and Sherwyn, be approved, and that the Admiralty Committee appoint the said ships, viz.: the Duchess, Primrose, and Sun, as also the prize ship, to guard the coast. Approved 10 Jan.
6. Order, on a report from the Admiralty Committee, brought in by Gen. Desborow, that there be allowed to Thos. Smith, Robt. Thompson, Peter Pett, Neh. Bourne, Edw. Hopkins, and Fras. Willoughby, Navy Commissioners, over and above their 250l. salary, 150l. each for their extraordinary care last year for despatching the affairs of the fleet. Approved 10 Jan. Annexing,
18. i. Order in the Admiralty Committee for bills to be made accordingly.—11 Jan. 1654. [1 page.]
7. Order that the persons named in a list for justices of the peace, co. Bucks, presented by Sir A. A. Cooper, be appointed, and that the Commissioners of the Great Seal issue commissions accordingly. [I. 75, pp. 41,42.]
Jan. 9.
Leghorn.
19. Charles Longland to the Admiralty Committee. Five Dutch men-of-war, and 4 English prizes laden with dry fish from Newfoundland, have come in here; they have 6 others laden with spices, lead, &c., in Provence, with 2 men-of-war, and the Dutch agent here has ordered them to be brought hither to be sold. There is not an Englishman on board; some ran away in their own boats, and the rest were put on shore by the Dutch in Spain. Two Dutch menof-war foundered in the Gulf of Lyons by foul weather.
There are 6 English ships going from here to Zante, to lade currants for England. I cannot see how they can escape the Dutch, unless you send out a squadron; the Dutch and French have a dozen ships now in Turkey, which may return to this place or Marseilles, and 4 others plying between Spartavento and Malta, and as our ships must pass that way, I do not see how they can escape. If you send any out, it must be managed quietly; half-a-dozen of these prizes would be of good consideration to the State, and a great weakening of the enemy, for they bring some 200 bales of silk and grograin yarn, and some 400 bales per ship, besides other goods, all which would find present sale for ready money. With copy of his letter of 26 Dec. [2 pages.]
Jan. 9.
London.
Levant Company to Spencer Britton, consul at Smyrna. We observe in yours of 15 July, whom you have appointed treasurer, on our omission to give order. The distractions in our trade, and our hopes of better times, have delayed our resolutions, and especially our sending of a minister. Your difficulties from the deadness of trade will be partly removed by the arrival of these ships laden with cloth, &c. Much has escaped without payment of our duty, therefore fail not to receive 2¼ dollars at least in lieu of our 9s. per cloth, which we cannot so well enforce in respect of changes here.
Our factors there abuse us in passing great bales of silk as coals; see this amended, and charge what is short of our due consulage, according to our reckoning of silk here, 186 great pounds to a bale.
The trustees of the late Roger Vivian and others claim 2,000 dollars, said to be in the Cancellaria, part of a bill of exchange due to him. Tell us the true state of the business. [Levant Papers, Vol. IV., p. 219.]
Jan. 9. Levant Company to Mr. Riley, consul at Aleppo. We are sorry to hear by yours of 31 March, 25 May, and 22 Sept., that you have still to complain of the Basha's unjust actions, in spite of the promises of the late Vizier. Thanks for your care in taking the place of treasurer, and trying to lessen our charges in this low ebb of trade. You will receive some supply by the ships now bound for Scanderoon. See that 2¼ dollars per cloth be paid on all goods that have not paid here.
We send this by Capt. Geo. Smith, elected marine factor, with security for discharge of his duty, and beg you to settle him in the place.
We are sorry you are in such debt, and can only clear it by a single or double consulage on all exports thence, which we desire you to take, and give us an account thereof, as is done at Smyrna.
We beg you to assist the East India Company, who are obliged to bring their silk overland from Persia by way of Aleppo. [Levant Papers, Vol. IV., p. 220.]
Jan. 9. Levant Company to Mr. Chappell. We have appointed Capt. Geo. Smith to succeed the late Thos. Harby as marine factor. You have acted in the interim by consent of the consul and factory at Aleppo, and although we could not appoint you or any resident there to the office, we have recommended you to Capt. Smith, if he requires assistance, and we beg you to give him your advice. [Levant Papers, Vol. IV., p. 221.]
Jan. 10. Council. Day's Proceedings.
1. Order on a report from the Admiralty Committee—that they have contracted with John Semaine, powder maker, to make 8 cwt. of saltpetre weekly in several counties and towns during the time mentioned in the Act of Parliament, in lieu whereof they are to deliver 12 barrels of powder weekly,—that the contract be approved, and a commission and letters of assistance be granted him. Approved.
2. Col. Jones to attend his Highness with this order, and an order of Jan. 5th for 1,000l. for wounded seamen, and return his answer.
3. Order on petition of Eliz, Alkin, that the Committee for Inspections issue a warrant to the Receiver-General to pay her 10l. a year in pursuance of the order of Parliament, and the arrears now due for her attendance on sick and wounded soldiers, and her present necessities. Approved 13 Jan.
5. The draft of an Ordinance brought in by Col. Montague from the Committee on the business of Col. Twisleton's regiment, for the satisfaction of that regiment and Major Hen. Markham, to be offered to his Highness. Approved 13 Jan. Read a third time and passed 16 Jan. [I. 75, pp. 52, 54.]
6. The Committee appointed by Act of Parliament for carrying on the affairs of the Admiralty and Navy to give warrants to the Navy Treasurer for payment of money due for stores and ammunition for land and sea service and to have power to contract for stores and ammunition for the army and garrisons. The Navy Treasurer to pay such warrants accordingly. Approved.
7. A warrant to be issued for the apprehension of Vavasour Powel, and bringing him into custody.
8. The Lieutenant of the Tower and Ald. Tichborne to examine witnesses for proving what was informed to Council concerning some passages of Mr. Powell, Mr. Feake, and others at Christ Church, and certify the examinations to Council.
9. The petition of Alexander Jeffreys for himself and others to the Protector read.
10. The petition of the officers of the army to the Protector referred to the Commissioners for Inspection, to proceed upon the said officers' petition formerly presented on behalf of the army and supernumeraries whose arrears are comprised within the securities of the late King's lands, which was reported to the late Parliament, and to state the matter and report.
11. Order, on petition of Sir John Jacob, Sir Job Harby, and Sir Nicholas Crisp, that they and the late farmers of Customs, paying in on Jan. 12th, to the treasurers appointed by the Act for Deforestation, sale and improvement of the forests, &c. 30,000l., the said sum, with all further sums by their appointment paid in before Jan. 17, shall be accepted as moneys doubled upon the Act; and the treasurers are hereby required to pay the farmers, or the persons who shall pay in the same or any part thereof, doubled bills for these sums, as they are by the Act enabled to do for monies doubled upon public faith, to be satisfied upon the credit of the said Act.
12. Order by the Protector that the paper from the Hamburg agent, directed to him, and this day received, concerning the Salvadore and George, be referred to Council, to consider what answer should be given.
13. 17 orders, dated Jan. 3, 6, and 9, offered by the Lord President, approved by the Protector. [I. 75, pp. 43–46.]
Jan. 10/20.
Rotterdam.
20. Henry Montfort to Ralph Parker, English merchant, Flushing. Returning yesterday from Amsterdam, I found yours of the 12th current. Commend me to Mr. Edwards, and tell him all friends at Amsterdam are well. Capt. Whittington denies he ever threatened to arrest me or had any such thought; but for his curtesious (sic) usage of George Gray, I intend to begin with him when I meet him, for I have been one of his best friends in these lands. He shall now find me the contrary for his babbling. I sent him a copy of the note which Thos. Johnson gave me at Hull. He will speak to you about it, so I send you the same. There is little news, the post not being come. If you have any, let me be partaker.
P.S.—Your cousin, John Geldart, was here when I was at Flushing, and went for Dunkirk per Zealand. By the last post from York, Mr. Hewett wrote me your uncle was dangerously sick. My services to my lord, and respects to your lady. [1 page.]
Jan.? 21. Statement of the case on the Duchess of Hamilton's behalf, noting the marriage articles between her father, Jas. Maxwell, afterwards Earl of Dirleton, arguing that the lands so settled could not be forfeited by James Duke of Hamilton, who died in 1648, being a Scottish estate, and governed by distinct laws from this; nor yet by William Duke of Hamilton, because the settlement was made in 1649, and his invasion of England was not till 1651. It is the whole support of the Duchess and her daughters. [1 page. Damaged.]
Jan. 11.
Whitehall.
22. Order in Council that the Commissioners for removing Obstructions certify on the claims of the Duchess of Hamilton, referred to them by Parliament, and report with speed. [⅓ page. Also I. 75, p. 47.] Annexing,
22. i. Order in Parliament that the said Commissioners examine her claim to an interest of jointure in the manor of Kineale, Scotland, worth 500l. a year, settled by Parliament 9 Sept. 1651 on Lieut.-Gen. Monk, and of which he has held possession 2 years. 31 Oct. 1653. [1 page.]
Jan. 11. Council. Day's Proceedings.
1. The trustees and contractors authorised by a late Act of Parliament to sell the houses and parks formerly belonging to the late King, Queen, and Prince, which were by the first Act for the sale of the said lands exempted from sale, are speedily to certify what part thereof are already contracted for, by whom and at what rates, and what moneys are paid upon each contract, and what remains unpaid; also how much of the said premises are conveyed, when, and to whom; and they are to forbear to make any further contract for them till further order. Annexing,
23. i. Report on the above order, that on 15 Feb. 1653, Uriah Babington contracted for part of Greenwich House for 979l. 3s., which is paid in, and the premises conveyed.
That Simon Basill contracted for a rent of 22l. a year for messuages belonging to the surveyors of the works for 297l. 13s. 4d., paid in, and the premises conveyed.
Henry Henn contracted for 16l. a year, the present rent of the Brickhouse Great Garden, or Queen's Garden, for 224l., half of which is paid.
5 April 1653.—Col. Robert Tichborne contracted for 2l. 10s., present rent of the Hobby Stables, &c., and a small dwelling-house for 37l. 10s., and for the materials of the stables for 185l. 17s. 6d., being 223l. 7s. 6d., which is fully paid, but the premises not conveyed.
John Parker contracted for 155l. rent of Greenwich Park, and 7l. rent for the site of the Queen's new buildings, for 2,268l., which, with the materials of the Castle, Lodge, woods, 96 deer, stock of conies, materials of the White House, called the Queen's new buildings, rent of the priory, orchard, &c., comes to 5,778l. 10s. 1d.; whereof reprised by order of the Commissioners for removing Obstructions, 28 July 1653, in lieu of Uriah Babington's right in the White House for life, by a deed of 13 March, 9 Car., 50l. a year for 6 years, half which amounts to 325l. (sic), leaving 5,453l. 10s. 1d., whereof but 1,700l. is paid, and therefore it stands sequestered.
8 March 1653.—John Trenchard contracted for 75l. rent for Vaux Hall, for 750l., which is paid, and the premises conveyed.
1 March 1653.—Francis Thompson contracted for 309l. 5s. rents of the little park at Windsor, the King's Meadows of 51 acres 3 roods, and Bushey Close of 21 acres, by the box, for 4,639l. 10s., which, with the materials of the lodge and the trees, comes to 4,946l. 10s., out of which reprised by order from the Commissioners for removing Obstructions of 28 April 1653, 11s. a year, payable to Sir Rich. Hanson, for 5 acres, 8l. 5s.; leaving 4,938l. 5s., of which 3,473l. 5s. is paid in, but the premises not conveyed.
5 April 1653.—John Tracey contracted for 280l. rent for Kensington division in Hyde Park, for 3,645l., which with the trees, &c. comes to 3,906l. 7s. 6d., which is paid, and the premises conveyed.
Anthony Deane contracted for three divisions of Hyde Park, viz., the old lodge, banqueting house, and middle divisions, rent 465l. 6s. 8d. for 6,064l. 6s. 8d. which, with the materials in each, and 300 deer (300l.) comes to 9,020l. 8s. 2d., whereof reprised by order of the Commissioners for removing Obstructions in August 1653, 975l. in full of all claims by the Earl of Holland, by virtue of a patent of 13 July, 6 Car., leaving 8,045l., whereof 7,500l. is paid; the premises not conveyed.
2 August 1653.—John Warre for Rich. Wilcox, con tracted for 177l. rent of the gravel pit division of Hyde Park for 2,301l., which, with trees, &c., comes to 4,501l., whereof 3,575l. is paid.
15 Nov. 1653.—Edward Backwell contracted for 408l. 15s. rent for the meadows, hare warren, Bushy Old Park, new park ground, &c. for 5,722l. 10s., which, with the trees, &c. comes to 6,638l. 17s., which is paid. The premises are not conveyed except part of the new park ground to Rich. Caswell.
13 Dec. 1653.—Reginald Merryott for Col. Rich. Norton, contracted for the middle park, called Jockey's Park, at Hampton Court, rent 225l.; with the materials, 3,701l. 19s. The contract was not signed nor any money paid, and it is therefore void.—12 Jan. 1654.—[5 pages.]
23. ii. Account by Uriah Babington of his disposal of Greenwich House and Park. 24 Jan. 1654. [1 page.]
2. To acquaint the Protector that the Recorder of London, and some aldermen and citizens, in the name of the Mayor, aldermen, and commonalty of London, attended Council with the desires of the city touching an order of the late Council for stay of proceedings against strangers, and offered divers reasons against the same.
3. To offer it to the Protector as the advice of Council, that — Barton may have the sole printing of his translation of the Psalms. Approved 13 Jan.
4, 5. Order on report of Col. Sydenham from the Commissioners for Inspection of the Treasuries, —that all the treasuries appointed for the use of the navy are fully charged, except the Excise, out of which 1,400l. may now be borrowed for furnishing two troops of dragoons, and that Council is desired to grant their order for the repayment out of moneys in Mr. Ledgard's hands, due on his account; —that the Excise Commissioners pay to Gualter Frost 1,400l. for furnishing two troops of dragoons for Scotland; and that a warrant be issued to Ledgard to repay it; the acquittance of the Excise Commissioners to be his discharge to Mr. Ledgard.
7. Montague, Wolsley, and Cooper to revise the Act about prisons and prisoners, and to report. [I. 75, pp. 46–48.]
Jan. 12. Council. Day's Proceedings.
1. Order that the petition of Richard Beard of Tynemouth be not referred.
2. Order on report of Sir A. A. Cooper from the Committee to consider the table of fees for probate of wills and granting administrations, that the fees certified to Council by the judges for probate of wills, &c., be continued till further order; and that Lieut.-Col. Rich. Sankey be continued Keeper of the Seal, and Treasurer for receiving the profits on the probate of wills and granting administrations. Approved 13 Jan.
3. Sir A. A. Cooper to acquaint the judges for the probate of wills with the opinion of Council touching their register.
4. Sir Kenelm Digby, being permitted by order of the late Council of 15 November 1652 to come to England, and required to appear before Council within 10 days of his arrival, did this day present himself (whereof by Council's command this entry is made), he being so commanded by the Protector, as was now signified by Sir Gilbert Pickering.
5. The representation of the Committee for claims for land in Ireland referred to the Commissioners for Inspecting the Treasuries, to confer with the subscribers, and certify to Council what they think fit to be done.
7. An Ordinance declaring that the offences therein mentioned, and no other, shall be high treason, read the first time, and ordered to be read the second time to-morrow. Read again 16 Jan. [I. 75, pp. 48, 49.]
Jan. 12. 24. J. Bolles to Sec. Thurloe. On perusal of my book of precedents, I find this one, which may be useful, mutatis mutandis, to his Highness and Council. I will search further, and send other precedents if I find any pertinent to present occasions. [½ page.] Annexing,
24. i. Warrant by Charles I. to Lord Keeper Williams, to draw up renewals of the patents of office granted by the late King to the Deputy of Ireland, the Ecclesiastical Commissioners, judges, lieutenants of counties, and other civil officers in England.—Westminster, 28 March 1625. [1 page.]
Jan. 13. 25. Petition of Sir John Jacob, Sir Job Harby, and Sir Nich. Crisp to the Protector. We cannot express our obligation for your manifold favours in the unhappy business of the forests. We may miscarry and be torn to pieces by the fancies of a multitude, yet shall submit if you are satisfied that we have done our duty. We make our offers with fear lest they may seem to obstruct the service. All the creditors are not of one mind, but some have offered their moneys, and many may recover from the infection infused by the ill-affected. We pray that we and the creditors of a better mind may go on upon the said Act, as on part of our debt, without the limitations of days and sums which hitherto rendered our endeavours fruitless, and that doubled bills be given for moneys so brought in. We hope by this to do some service by advancing, by our example, the doubling of the public faith [bills], and by keeping the credit of the Act in force. We shall continue our service, and not spare our estates to encourage those that may be brought to a better understanding of their own advantages. [1 page.]
Jan. 13. Order thereon that whereas the petitioners and the rest of the old farmers of Customs not only failed to pay in the first 100,000l. mentioned in the Act for disafforestation by the day limited, but have not paid it in several further days given them on their earnest petition, they have forfeited all the benefit of the Act, and are debarred from doubling on the security thereof the 276,146l. therein named; and the forest lands, and the security given by the Act, are discharged from liability for the same. Approved. [I. 75, p. 50.]
Jan. 13. Council. Day's Proceedings.
2. Montague, Cooper, and Sydenham to be a Committee to confer with Sir Wm. Roberts and the rest of the Commissioners for Inspecting the Treasuries, about putting the sale of forest lands into such a way as may be best for the service, and to report [and discharging them from the debt of the old farmers of Customs].
3. Wolsley, Cooper, and Jones to be a Committee to prepare and present such an Ordinance for the sale of 2 thirds of Papists' [Recusants'] lands as, on consideration of this day's debate, they judge best for the service.
4. Order, on Col. Jones' report to Council that the Protector had signified his approval of their order of Monday last, that the Customs and Excise Commissioners be required to allow such bills of store as Council shall think fit to grant, without payment of excise and custom.
5. All goods whatever that are for the proper and immediate use of the Protector are to be exempted from customs and excise, and warrants issued by Council accordingly.
6. All bills of store for freeing from custom and excise any goods other than those which are for the Protector are to be offered him for special approbation, before any orders be issued for the same from Council.
9. Note of the Protector's approval of 9 orders offered by the Lord President, Jan. 5–13.
10. Order on a paper presented to the Protector from the Hamburg agent, and referred by him to Council last Wednesday, concerning the Salvadore and George, that Dr. Walker, advocate for the commonwealth, attend Council, and give an account of the state of the matter concerning those ships.
11. 26. Order on report from the Admiralty Commissioners this day made by Major-Gen. Desborow, and of the security given by Capt. Wm. Balthazar and his sureties, that the said captain be released from prison, and that a warrant to the keeper of Newgate be issued accordingly. Approved 20 Jan.
12. Order for repealing several Acts and resolves of Parliament touching subscribing and taking the engagement read the 1st and 2nd time. [I. 75, pp. 50–52.]
Jan. 13. 27. Warrant from the Commissioners for Inspecting the Treasuries to the Treasurers-at-war, to pay 20,000l. to Rich. Hutchinson for the navy, to be issued on the Admiralty Commissioners' warrants. Receipted 20 Jan. [1½ pages.]
Jan. 13/23.
Paris.
28. Sir Geo. Lane, clerk of the Council to the King in France, to Sec. Nicholas. His Majesty,—having taken into his consideration that the common rumour which he finds to be in many places, of Mr. Chancellor of the Exchequer being under an accusation of high treason, may draw a great prejudice upon his service in those high trusts which he has reposed in him, if the groundlessness and malice of that calumny should not appear in his vindication,—has commanded me to transmit to you this inclosed copy of his declaration and judgment in Council, with his pleasure for communicating the same, as you find it convenient for His Majesty's service. [1 page.] Annexing,
28. i. Order in the King's Council 3/13 January 165¾.
Present, the King, Queen, Dukes of York and Gloucester, Prince Rupert, Lord Keeper, Lord Chamberlain, Lord Inchiquin, Lord Lieutenant of Ireland, Lord Jermyn, and the Chancellor of the Exchequer.
Whereas on complaint 22 December last, by the Chancellor of the Exchequer, of discourses spread abroad to his prejudice, as if he were under accusation of high treason, and on his desire that His Majesty would examine the ground of those discourses, His Majesty, after other inquiries, caused a letter to be read which had been written to himself in August last by Sir Richard Grenville, informing that the said Chancellor had made a step into England before his last coming to Paris; that he had there private conference with Cromwell, and that he had a pension paid him for a long time out of England for intelligence; for the justifying of which information Grenville, being required from His Majesty to send him the grounds thereof, had sent a letter written to him by Robert Long, which was then likewise read; upon which matter, after His Majesty had examined other allegations made by the said Grenville which he found to be untrue, and some whereof His Majesty himself knew to be false, His Majesty had declared his judgment to the said Grenville, and had forbidden him the presence.
Moreover His Majesty examined Peter Massonett at the Board 12 January, he having been mentioned as one of the authors of that report, and likewise caused a paper written by the said Robert Long, dated this 13 January, in justification of what he had formerly written to Sir Richd. Grenville, to be read [which paper His Majesty looks on as a libel, derogatory from his own honour and justice, as also full of malice against Mr. Chancellor, and will hereafter take further consideration thereof], and on the whole matter, declares that the accusation and information is a groundless and malicious calumny, and that he is very well satisfied of the Chancellor's constant integrity and fidelity in the service of his father and himself, and moreover that he will in due time further examine this [unworthy] combination against him, when it shall be more in his power to punish the guilty. In the meantime His Majesty declares his former judgment that Sir Richd. Grenville shall not presume to come into his presence. [Certified copy, 1½ pages.]
28. ii. Note that the passages given in brackets were added by the King's order. [Scrap.]
Jan. 16. Council. Day's Proceedings.
1. Order by the Protector that Hen. Lawrence be continued President of Council till further order.
2. The petition of the officers and others relating to the navy, and inhabitants of the parish of Chatham, directed to the Protector, referred to the Admiralty Committee, to find out the state of the matter and report. Annexing,
29. i. Report of the said Commissioners 30 Jan. after several days' examination, that Mr. Boswell, whom most of the inhabitants wish to settle there as minister, was sequestered 4 years ago by the Committee for Plundered Ministers, for refusing the engagement, and inveighing bitterly against the Parliament and army, and by order of Council committed to the Gatehouse, and forbidden to preach more at Chatham, and Mr. Adderley, navy minister, appointed to supply his place till another should be settled; but that Adderley has much disturbed the peace by fomenting differences between the officers in the State's yard, and calumniating the chief officer there. They therefore recommend that he be removed, andWise, an able and godly minister, settled, and request that he may receive the State's allowance, which, with the rectory profits, is but a competent subsistence. [Draft, ¾ page.]
3. The petition of John Fowke, alderman of London, to the Protector, referred to the Committee of Council for settling the Act for forest lands, to consider and report the whole state of the case, with their opinions.
5. An Ordinance for repealing a late Act of Parliament, enabling the Commissioners for compounding with delinquents to dispose of 2 parts of the lands and estates of Recusants for the benefit of the commonwealth, &c., read the 1st and 2nd time, and committed to the same Committee.
7. Order that the Commissioners for Compounding give their warrant to the treasurers at Goldsmiths' Hall to pay John Owen, Dean of Christchurch, Oxford, 200l. [I. 75, pp. 53, 54.]
Jan. 16. 30, 31. Opinion of Chief Justice Rolle and Justices Jermyn and Atkins of the common law, Drs. Clerk and Godolphin, Judges of the Admiralty, and Drs. Walker and Turner, civilians, on the demand of the Portuguese Ambassador for the return of his brother Don Pantalion [de Saa], committed for murder, on the ground that it is against the law of nations that one of his family should be tried by these laws.
Where the offence is against the law of nations, the Ambassador and his followers forfeit privileges which they might otherwise claim. Having offended against the law of nations, they cannot pray the aid of those laws. Frustra auxilium legis invocat qui in legem committit.
Murder is an offence against the law of nations, whilst an offence against the municipal laws is only crimen prohibitum, and not malum in se.
Sir Edw. Coke reports the case of the Bishop of Ross, who came from Scotland as Ambassador, and, being here, conspired against the Queen, and endeavoured to sow sedition, which, being referred to Lewis, Davy, Drury, Aubrey, and Jones, civilians, they resolved that he had forfeited his privileges.
Dr. Clerke made a difference between the two cases: 1st, both were publicum malum, yet that of Ross was imminens periculum Reipublicœ. 2nd, Ross was no Ambassador, because his prince was in prison. In this case he said justice should be demanded of the Ambassador, and if he refused, it should be asked of the King.
Dr. Godolphin: Murder is crimen lœsœ majestatis divinœ, crimen lœsœ naturœ humanœ, crimen lœsœ salutis populi, lœsœ societatis politicœ. If the offender had been in the custody of the Ambassador, and he had refused to deliver him, he had first broken the law of nations. His case is here otherwise. Trial by inquisition must evidence the fact, and then if he will not disown him, the civil law will concur with the common law.
Dr. Walker: The murder is the question. Doubts not that he may be tried, but questions whether at common law by jury. It must in the indictment be felonie et contra pacem, else the indictment is void, and these words cannot come in this case. If an enemy be accused, you cannot say it is felonie et contra pacem, that implies a subjection.
There is a difference between the Ambassador and his servants, because the Ambassador represents the majesty of the King, and if he have no protection jure gentium but whilst he carries himself according to the laws, every foreigner has not. He may be tried by the law of nations, being in custody. Comes legationis is severable from him.
The mode is to demand the Ambassador to quit his privileges to his person. If he refuses, to demand him of the prince, and the King cannot say thereupon that he is not guilty; he must say subjicitur.
There is no precedent for trial by jury. Where I have committed a crimen contra jus gentium I must be tried as the jus gentium prescribes.
He is triable. If the person be out of custody, and being demanded is refused, it is justa causa belli. If in custody, he may be tried to keep off the war.
The mode is for the case to be represented to the Ambassador, and from him to the King, and then, though the King refuse, he may be tried, which heretofore was by the constable marshall, and not at common law.
The question was put whether,—if upon the demand made of the King he says justice shall be done upon them there, and demands that he be sent unto him for that purpose by the law of nations —he ought not to be sent and expect his justice.
Justice Atkins: That he may be indicted to have done it ex cogitatâ maliciâ, felonie et contra pacem, because he owes a legal allegiance, and is to be considered no otherwise than any other alien, having forfeited his privileges by his fact.
Dr. Walker: To the question. It must be rather an intimation than a demand.
Marginal note that Justice Atkins, at the Council the 16th of January 1653–4 delivered the opinion of the judges that the fact being committed in this land, the person guilty may be tried by the laws of the land. [2 copies, 3 pages each.]
[Jan. 16.] 32. Arguments in favour of the right of trying and punishing even with death crimes committed by the attendants of an Ambassador in the territory to which he is sent; otherwise they might take goods and not pay for them. Quotations thereon from a French writer, Paschalius, Chokier a German, Grotius, &c., with several precedents. [5⅓ pages.]
Jan. 17. 33. Petition of Fras. Ashe, Governor of the Muscovy Company, Adventurers to Greenland, to the Protector. Having discovered Greenland, and protected the trade from the violence of the Dutch, importing fins and oil formerly brought from Biscay, they are much discouraged by intruders into their fishing, causing quarrels and law suits, in spite of orders of the Navy Committee in 1645 and of the Council for Trade in 1650 to the contrary, so that they have lost most of their stock in trade. As several interests cannot fish in one harbour without loss, they beg consideration of their rights, and of the need of managing each harbour by one interest, and by regulations encouraging English interest, and the fishing of more harbours. [1 page.]
Jan. 17. Reference thereon to Cooper and Wolsley, to report. [I. 75, p. 55.]
Jan. 17. Council. Day's Proceedings.
3. Order that Council remove on Thursday next to the other chamber, and that the Surveyor-General have notice thereof.
4. The Council took into debate the ordinance for treasons, which was read by parts, and after several amendments at the table, was upon the question agreed, and ordered to be presented to the Protector as the advice of Council.
5. Like proceeding on the ordinance for repealing several Acts and resolves of Parliament made for subscribing the engagement.
6. Order that—as by an order in Parliament of 28 March 1646, 6 godly and learned divines were placed in Hereford, 3 in the cathedral with a habitation and 150l. each, from the dean and chapter's possessions, and as Rich. London, settled there 21 Sept. 1649, has died, and left a widow and children very poor, 30l. a year of the 150l. due to Rich. Harrison, who succeeded him 16 Nov. last by order of Parliament, be paid to Eleanor, widow of Rich. London, from the time of his death. Approved 20 Jan. [I. 75, pp. 55, 56.]
Jan. 18. Council. Day's Proceedings.
1. The report of Col. Montague, on a reference to a Committee of Council concerning the Post Offices, to be debated next Friday.
2. An Ordinance appointing a Committee of the Army and Treasurers-of-war read the 1st and 2nd time, and committed to Lambert, Sydenham, and Jones.
3. Sir Chas. Wolsley to bring in an Ordinance for reviving the Duchy court till further order.
4. Pickering, Strickland, and Jones, to treat with the persons who have bought the hangings and goods of the late King now in the hands of Serjeant Birkhead, and how money may be had to pay for them; and Serjeant Birkhead is not to deliver them up till further order.
5. Cooper, Sydenham, Jones, and Rouse to be a Committee to prepare an Ordinance touching the grand Excise, and to confer with the Commissioners for regulation of the Excise, and others whom they think fit.
6. Cols. Sydenham and Montague to bring in an Ordinance, on the report from the Commissioners for Inspections (upon petition of the army officers touching the stating of their arrears) for so adjusting the arrears that the soldiery may be able to purchase the lands held out for their satisfaction by several Acts of Parliament.
7. Order that as [Sydrach] Brice and [John] Imwood are willing to relinquish the contract for the hare warren in Hampton Court, transferred to them by Edm. Backwell, the Trustees for sale of Crown lands issue warrants to their treasurers to pay Brice and Imwood 1,370l. therefor. Approved 20 Jan. [I. 75, pp. 57–58.]
Jan. 19. Council. Day's Proceedings.
1. Cooper, Sydenham, and Montague to bring in an Ordinance for the sale of forests.
2. The Committee to whom the business touching Goldsmiths' Hall is referred to confer with the Commissioners thereof, and enquire of the truth of the information given to Council touching Mr. Moyer, and report.
3. Sir Chas. Wolsley added to the Committee on Sir John Lenthall's business.
4. The Ordinance declaring the offences therein mentioned, and no others, to be high treason, in England, Scotland, Ireland, read the 3rd time, and some alterations being made therein at the table, agreed to, and ordered to be presented to the Protector, as the advice of Council.
5. The Ordinance for repealing several Acts of Parliament for taking the engagement read the 3rd time, agreed, and ordered to be presented to the Protector.
6. Also an Ordinance touching the court of Upper Bench read the 1st and 2nd time.
7. Also an Ordinance for issuing a writ for making Matthew Hales a serjeant-at-law read the 1st and 2nd time.
8. The Lord President presented to the Protector all the Ordinances which were by him and Council passed for laws; and the Ordinances touching treason and the engagement were ordered to be printed and published.
9. Order that for the 2 great swords of the late King, bought by Col. Humphreys, there be paid him as much money as they cost him, and that a warrant to that purpose be issued. [I. 75, pp. 59, 60.]
Jan. 19. Ordinance repealing Acts and resolves of Parliament about taking the engagement.
The general promissory oaths and engagements imposed under penalties having proved burdensome to tender consciences, the Protector and Council declare that the Act of 2 Jan. 1650, for subscribing the engagement and the resolves taken thereupon be repealed and made void, and that the said oath be no longer administered to officers of justice, and no office made void by non-subscription thereto. Also that no person shall be prevented pleading and proceeding in courts of law, justice, or equity, for not taking the engagement. [3 pages, printed. Vol. I., No. 69a. Collection of Acts, Record Office Library, 498 F.]
Jan. 20. 34. Petition of Edw. Knipe to the Protector. I was high sheriff of Surrey last year, and this year, Hen. White was elected in Parliament to serve, but he refuses to be sworn in and execute the office. I have, at my own charge, procured his patent, and given him notice thereof, yet he still refuses to act, to my great damage and danger. I beg that I may be acquitted from the office, and White compelled to execute it. With order thereon that the Attorney-General prosecute White for refusing to execute the office to which he was elected. [1 page.] Annexing,
34. i. Order in Parliament appointed Hen. White of Putney, sheriff of Surrey.—21 Nov. 1653. [2/3 page.]
34. ii. Notice by Thos. Martyn, clerk in Chancery, to Hen. White, to take out his patent, and take his oath as sheriff.—13 Jan. 1654. [2/3 page.]
34. iii. Deposition by John Morris of his delivery of the said notice to White, who bade him take it to his attorney in London, and promised to come up on Monday about the business.—14 Jan. 1654. [1 page.]
Jan. 20. Council. Day's Proceedings.
1. Order that the Commissioners for Compounding forbear to proceed upon the Act enabling them to dispose of 2/3 of the lands of recusants for the benefit of the State until further order. Approved.
2. Sir A. A. Cooper to move the Protector to put Hen. Robinson's proposals concerning a bank into a speedy and effectual way of consideration.
3. An Ordinance for uniting the people of Scotland into one commonwealth with England read the 1st and 2nd time, and committed to the Committee who brought it in, to consider of the clauses not yet perfected.
4. This day the Lord President attended the Protector, and received his approbation to 4 orders, 17–20 Jan.
5, 6. Order on report of the Committee on the post offices this day read, that Mr. Manley pay 2,500l. for the quarter beginning Jan. 6 within a fortnight, and give such security as Mr. Scobell and Mr. Jessop shall approve for making good his future quarterly payment at the end of each quarter. Approved 23 Jan.
7. Mr. Scobell to prepare an Ordinance for confirming the contract made with Mr. Manley till further order, and forbidding under a penalty all persons to carry letters other than such as are allowed by the tenor of the said contract. [I. 75, pp. 61, 62.] Annexing,
35. i. Report alluded to, recommending the above orders, and leaving to Council the consideration of Manley's desire of having the office continued for a longer time, on consideration of perfecting the work and settling posts into Spain, Flanders, and throughout Ireland. 18 Jan. 1654. [2/3 page.]
Jan. 20/30.
Paris.
36. Sir Geo. Lane, clerk of the Council to the King in France, to Sec. Nicholas. Since I waited on His late Majesty at Oxford 11 years ago, with a despatch from my Lord Lieutenant, I have diligently sought for a fit opportunity of expressing my resentment for the civility which I then received from you, and I had determined rather to do it personally, on some happy occasion of your attendance on His Majesty, than to give you the trouble of a letter expressly upon that subject; therefore, as I conceived it improper to add anything of this nature to my first letter, it being of public concernment, so I may not omit to render you my humble acknowledgments in this my second, wherein you may be pleased to receive a copy of that paper of Mr. Long's which is named in His Majesty's declaration, and branded by His Majesty's own additional manuscript, in the first draft that was presented for his approbation, according to the inclosed note. Receive the papers only as a due and particular report from me, and not as sent by any warrant from His Majesty. [1 page.]
Jan. 23. Council. Day's Proceedings.
3. The appointed Committee to bring in the Ordinance for appointing a Committee of the Army and Treasurers-of-war to-morrow, and Col. Jones to take care thereof.
4. The ordinance touching treason to be sent by writ under the Great Seal to be proclaimed by all sheriffs, and the Lords Commissioners to issue writs and cause them to be sent accordingly.
5. The Ordinance for uniting Scotland and England, with the alterations made by Council, reported by Major-Gen. Lambert, and this day read, agreed, and ordered to be presented to the Protector as the advice of the Council; and presented by the President accordingly.
6. Lambert, Wolsley, Cooper, and Montague to be a Committee to meet to-morrow at the Cockpit for a conference with the Adventurers for Ireland, on some desires by them tendered to the Protector touching their adventure lands.
7. Wolsley, Cooper, and Montague to be a Committee to consider the proposal of Hen. Robinson concerning a bank.
8. Order on report by Sir Chas. Wolsley concerning the Swedish ship Fortune of Stralsund, taken by the Elizabeth frigate among other ships of Hamburg since released, that the ship be forthwith discharged, and an order issued by Council to the Admiralty Judges to that effect.
9. The following Ordinance read the 1st and 2nd time and passed as law:—Be it ordained by the Protector and Council that all bills signed by the Navy Commissioners for the service of the navy shall be a sufficient warrant for the Navy Treasurer for paying the same.
10. Two orders of 20 Jan. presented to and approved of by the Protector. [I. 75, pp. 63, 64.]
Jan. 24. 37. Petition of the parishioners of St. Martin's-in-the-Fields to the Protector and Council, that Hugh Woodward, who has bought James's field, near Charing Cross, and intends to dig, and burn bricks, with intent to build there, and has let part thereof for a lay stall, may be prevented so doing, as it will be an annoyance to Whitehall and James's House, and prejudice the inhabitants of the parish. 80 signatures, of which 2 are marks. [1 sheet.]
Jan. 24. 38. Reference thereon to Sir A. A. Cooper, Col. Sydenham, and Col. Jones, to report. [2/3 page. Also I. 75, p. 65.]
Jan. 24. Council Day's Proceedings.
2. Mr. Moyer to attend Council to-morrow.
3. A paper signed by Hen. Robinson concerning a bequest of Laurence Greene deceased, and referred to the Protector, referred to Wolsley and Montague, to speak with Robinson, inquire the nature and reality of the debt, and report.
4. Col. Sydenham's report from the Committee on Sir John Lenthall's business, referred back to the same Committee, to advise with counsel how it may be put into a speedy way, according to the sense of Council in a debate now had; and also for securing the prisoners and making provision that the creditors be not damnified by changing the custody of the prison, and to prepare something to offer to Council touching the same; Sir A. A. Cooper added to the Committee.
5. The petition of Sir Wm. Killigrew, and other adventurers and purchasers in draining the fens and level lying between Bourne, Boston, and Lincoln, recommended by the Protector and presented by Major-Gen. Lambert, referred to Lambert, Pickering, Cooper, and Wolsley, to consider and report. [I. 75, pp. 65, 66.]
Jan. 24.
Harwich.
39. [Hen. Pack], captain of the Amity, to the Admiralty Committee. Having by order of Gens. Blake and Desborow transported the Lords Deputies of the States General, Beverning and Nieuport, to Holland, and landed them at Helvoet Sluys, they desired me to wait 8 days while they communicated their proposals to the States General; and as they and Lady Strickland afterwards certified it would much conduce to the hoped for peace if I remained a further 2 or 3 days, I did so, when the Lord Beverning again came on board, and was this day landed at Harwich. [1 page.]
Jan. 25. 40. Petition of the Mayor, bailiffs, and burgesses of Berwick-onTweed to the Protector and Council. During the troubles we have always been faithful, and we secured the town for Parliament in 1643, when the Earl of Newcastle came to surprise it, which was an important service to both nations. We have been much impoverished, for in 1640, on the King's invading Scotland, the Scots took most of our cattle, as did the King's forces on the breaking out of the war, and again in 1648, when we had recovered some stock. In 1650, we had the whole horse of the army that marched into Scotland quartered in our meadows, whilst the army remained about Berwick, and since the war with the Dutch broke out, we have lost 3,000l. in salmon and other goods taken by them.
Our bridge over the Tweed, built by King James, the only easy passage into Scotland, is much decayed, and will soon be impassable for troops. To repair this and our losses, we beg that the pastures in Berwick bounds belonging to Sir Jas. Douglas, Lord Mordington, a papist in arms taken in Worcester fight, may be conferred on the mayor, bailiffs, &c. for ever, for repair of the bridge, and for the good of the inhabitants; the rather that King James in 1603, those lands being then in the Crown, ordered that they should be preserved for the town, but the Earl of Dunbar, his great favourite, prevailed to obtain a grant of them from him. Signed by Step. Jackson, Mayor, and 20 others. With reference thereon to Major-Gen. Lambert. [1 sheet.] Annexing,
40. i. Order by the King in Council, on petition of the Mayor and burgesses of Berwick, that the pastures lying about the town, to which they allege a right, and which they have long held, only that of late some have been used for the garrison, be restored to the town, and not obtained for private use, and that any suit therefor be forborne.— Woodstock, 11 Sept. 1603. [1 page.]
40. ii. Certificate by Hen. Morton, carpenter, and Geo. Birnett, mason, that the stone and timber of Berwick bridge are decayed, and that 480l. will only put it in sufficient repair. [½ page.]
40. iii. Particulars of the lands about Berwick for which Lord Mordington desires to compound. [1 page. See Composition Calendar, 25 Oct. 1653.]
Jan. 25. 41. Copy of the above petition and reference, with Lambert's report that the repairs would cost 480l., and that in the Act of pardon for Scotland, Lord Mordington's interest in the premises was excepted, and they should be granted to the town. Also a second reference to Council, 15 June 1654, to consider of an Ordinance for settling the lands named on the town of Berwick. [1 sheet.] Annexing,
41. i., ii., iii. Copies of the preceding enclosures. [3 papers.]
Jan. 25. Council. Day's Proceedings.
2. Cooper, Jones, Sydenham, Wolsley, and Pickering to be a Committee to peruse and put in order the papers touching Mr. Feake and Mr. Simpson, to examine them and report.
3. Sydenham and Jones to go forth and speak with Mr. Moyer, and acquaint him with the resolution of Council, and return and give an account thereof to Council.
4, 5. Sam. Moyer discharged from the place of the check inwards for receipt of Customs of the port of London, and Erasmus Dryden appointed in his stead.
7. Lambert, Wolsley, Sydenham, and Cooper to be a Committee to consider the business touching the forests, and report.
8. Edw. Winslow to be a Commissioner for Compounding, and to act as fully as any Commissioner named in the Act entitled An ordinance for continuing the powers to Commissioners for Compounding, for Advance of Moneys, and Indemnities, published by order of Dec. 31st last.
9. James Russell, Capt. John Stone, and George Foxcroft to be Commissioners to take the accounts of the Prize Goods' Commissioners and of all prize collectors and officers, and an Ordinance to be brought in for that purpose. [I. 75, pp. 67, 68.]
Jan. 25.
Plymouth.
42. J. Blackborne to Rob. Blackborne. The proprietor of the wines will suffer them to be condemned by the Commissioners, so the business can be done this term. Mr. Strelley entered an information against an eminent person, not for nonpayment of custom, but for landing goods before the entry of his ship, and in that he has acted up to the rules. We have had a survey and sale of Spanish tobacco, which sold at 5s. 6d. and 5s. 8d. a pound, and of sugars. [¾ page.]
[Jan. 26.] 43. Petition of Charles Earl of Derby to the Protector. Had 500l. a year granted by a late Act of Parliament, but the Drury House trustees, who were to set it forth, allotted him but 227l., being all that was left unsold, and the rest in reversion. Has purchased from the said trustees the demesnes of Latham House, Knowlesly, Childwall, &c., and paid the first moiety, but the last moiety of 1,800l. due 1 Feb. he cannot pay on account of extreme poverty and debts, having no subsistence till lately by his Highness' influence, and therefore all he has will be sequestered. Begs remission of the 1,800l., and also to have the tenancies of Burscough, the demesnes being already purchased, and any small part yet unsold of his father's estate without payment. With reference thereon, 18 Jan. 1654, to Council. [1 sheet.]
Jan. 26. Order thereon in Council that the Earl have time given him till 20 April next for payment into the treasury at Drury House of the last half of the money due upon the purchase of the demesne of Lathem, Knowlesly, Childwall, Burscough, and Much and Little Walton, without incurring any penalty; but the Protector and Council think not fit to make any further addition or abatement to the said Earl, as desired in the petition. [I. 75, p. 69.]
Jan. 26. Council. Day's Proceedings.
1. The petition of Henry Lord Arundel to the Protector, which was referred to Council, referred to Cooper, Wolsley, and Jones, to consider, and report.
2. Col. Jones to move the Protector about giving a public signification to the Commissioners in Ireland of the late change of government.
4. Order, on several petitions of divers parishioners of Clapham and Patching in Sussex, and on a certificate of 8 justices of peace for that county, to whom the petitions were referred by an order of Council; that Sam. Wilmer, now minister of Clapham, be rector of Patching, and that the said parishes of Clapham and Patching be united, and all tithes and duties due to both rectors be paid to Wilmer and his assignees, as if the same were one rectory. Approved 3 Feb. Annexing,
44. i.Report thereon of Thos. Ballard, Mayor of Arundel, John Fagge, and Wm. Freemyn, that the Bishop of Chichester last presented; that the churches are only ½ a mile distant; that the inhabitants of both wish a conjunction and Sam. Wilmer as their pastor, and that the writers concur therein. —Steaning, Sussex, 16 Jan. 1654. [1 page.]
5. Col. Jones acquainting Council that he has moved the Protector according to an order of this day, touching the signification of the change of government to the Commissioners for Ireland, order that Lambert, Visct. Lisle, and Cols. Montague and Jones be a Committee to attend the Protector in a conference about that and other matters concerning Ireland.
8. Col. Sydenham's report from the Commissioners for Inspection, of an Ordinance for enabling the Excise Commissioners to issue moneys according to the warrants of the Commissioners for Inspection of the Treasury, on twice reading and amendments, agreed on, and to be presented to the Protector as the advice of Council.
9. Wolsley and Sydenham to withdraw and confer with Mr. Backwell and Mr. Woolnough.
10. The report of the Inspection Commissioners on Sir John Trevor and Mr. Lake's petition to be presented, and considered to-morrow.
12. An Ordinance for erecting Courts baron in Scotland read the first and second time, and committed to that Committee of Council that brought in the Bill for uniting Scotland to this commonwealth. [I. 75, pp. 68-71.]
Jan. 26.
Whitehall.
Commission to John Semaine to make 8 cwt. of saltpetre weekly within the counties of Essex, Norfolk, Suffolk, and Cambridge, and in Colchester, Ipswich, Norwich, Cambridge, Bury St. Edmonds, Yarmouth, and Lynn, for the State's service, during the time mentioned in the late Act of Parliament published Feb. 9th last, calling to his assistance such officers and workmen as he needs, paying them, and observing the directions of the Act and orders of his Highness and Council; all mayors and other officers to assist him. [I. 75, p. 71.]
Jan. 26.
Whitehall.
Protection from impress, bearing or finding arms, and rates, taxes, and tolls, for all the workmen employed by Semaine, and their horses. [I. 75, p. 72.]
Jan. 26.
Whitehall.
Council to the justices of peace, mayors, bailiffs, &c., in the several counties and towns concerned. That Semaine's work may be better carried on, we specially recommend him and those he employs for their expeditions furnishing with carriages for their liquors, utensils, and other materials, at the rates appointed in the Act; and for preserving the mine of saltpetre, and returning the names of such as wilfully damage it, that they may be proceeded against, and for executing all other things required by the Act for promoting that work, and satisfaction of the country in case of disorder. [I. 75, p. 72.]
Jan. 27. Council. Day's Proceedings.
1. An Ordinance appointing Commissioners for managing the lands and estates of delinquents and papists read the 1st and 2nd time, and committed to the Committee which brought it in.
2, 3. Order on report of Major-Gen. Desborow from the Admiralty Commissioners—that whereas by special order of Council, no moneys arising by the receipt of prize goods are to be issued out till 14,000l., formerly advanced out of the Tower, be repaid; yet as the necessities of the widows and orphans who have lost their relations in the service are very pressing, the Protector and Council should order the Prize Goods' Commissioners to satisfy all warrants of the Admiralty Commissioners for sums to widows or orphans; also all signed by the Commissioners for Inspection for moneys payable to the Commissioners for sick and wounded men by direction of the Admiralty Commissioners, any former order to the contrary notwithstanding—adopting the said report. Approved 31 Jan.
5. 45. Order that Lord Chief Justice Rolle, and the other justices of the Upper Bench, direct proceedings against Sir John Lenthall, marshal of the Marshalsea, on complaints against him, and proceed to justice, taking such course meantime for disposal of the prison and prisoners as may be most secure, and agreeable to law and justice. Approved 28 Jan.
6. Several orders named, of January 15–20, being presented to the Protector as the advice of Council, he gave his assent, and the President acquainting Council therewith, the same upon the question passed for a law. [I. 75, pp. 74, 75.]
Jan. 28. Council. Day's Proceedings.
1. The report of Major-Gen. Lambert, on the amendment of the Ordinance appointing a Committee for the Army and Treasurers-atwar, read, agreed, and ordered to be offered to the Protector.
2. Thos. Rand, Wm. Palmer, Robert Yarborow, Neh. Rawson, Wm. Harvey, Wm. Welby, and the Mayor of Lincoln added for the time being to the Commissioners in the Act for an Assessment at the rate of 120,000l. by the month for six months, from 25 December 1653, to 24 June 1654, towards the maintenance of the army and navy, published by order 24 November 1653, as if they had been named in the aforesaid Act.
3. Like order for Edw, Hooper and Philip Stansby to be added to the Commissioners for co. of Dorset.
4. Like order for the Mayor of Banbury to be added to the Commissioners for co. Oxon.
5. Like order for Chris. Piercehay and Sir Robert Barwick to be added to the Commissioners for co. York.
6. Order on the Protector's consent to the above being signified, that they be passed for law by the Protector and Council, and be printed and published.
7, 8. The petition of Charles Cavendish Viscount Mansfield, referred to Cooper, Wolsley, Sydenham, and Jones, to report.
9. Col. Sydenham to bring in an Ordinance for doubling upon the remainders of bishops and deans and chapters' lands, and bringing in of the moneys made upon contracts there.
10. Order on report by the Committee of Council on the business of Mr. Feake and Mr. Simpson, that they be committed to prison, in order to the preservation of the peace of this nation.
11. Windsor Castle to be the place to which they shall be committed; and the President to issue warrants to that purpose.
12. On presentation to the Protector by the President of an Ordinance empowering the Commissioners of Customs to pay 10,670l. to the treasurers of the East India Company, and on his consent thereunto, the Ordinance was passed for law.
14. An Ordinance to be brought in for making good an order of the late Council of State of 30 June last, for settling lands on Nich. Lockyer and the arrears incurred since.
15. Col. Jones to prepare and present an order for respiting half the monthly assessment for co. Cardigan till further direction.
16. Lambert, Strickland, and Sydenham to be a Committee to consider of taking off the restraint on the import of French wines, and to report. Also to prepare and offer what they think fit for regulating the price and quality of wines. [I. 75, pp. 76-78.]
Jan. 28.
Bristol.
46. Jas. Powell to Col. Jno. Clerke, Commissioner for Irish affairs. Let the Truelove convoy the vessels freighted here for Ireland, as there are many Brest pickeroons upon the coast, which have taken two Bristol ships and several others, and deter the barks from going out. The merchants beg that the frigate here almost ready may take them under protection. I hope the peace will enable the State to employ vessels to secure trade against the French rogues. [1 page.]
Jan. 30. 47. Petition of Edw. Knipe to the Protector. Upon your reference on my former petition [see 20 January 1654] I applied to the Attorney-General, but he says there is no remedy for me at law. I beg that [Hen.] White may be summoned before Council to show cause why he does not execute the office of high sheriff of Surrey. With order for his appearance in six days. [¾ page.]
Jan. 30. 48. Copy of the above. [¾ page.]
[Jan. 30.] 49. Petition of Sir David Watkins, Wm. Witherings, and others concerned in the foreign letter office, to the Protector. By patent of 7 Car., and by several assignments, we are interested in the office of postmaster for foreign parts, for an estate of freehold therein yet in being, during the life of Wm. Frizzell, which we have enjoyed for 20 years, save that about 16 Car., one Burlamachi attempting to incroach on our freehold, our title was resolved good, and restored by a judgment of a grand committee of the House of Commons, since which time we have faithfully executed the office.
There being many agitations before the Council of State, 29 June 1653, on our petition, it was referred to the Committee for Posts to consider our claim and report. On 30 June 1653, a warrant was gained by Mr. Manley from the Council of State, whereby he is empowered to execute the office for postage of letters, both foreign and inland, and to receive the profits. On 1 October 1653, the Council of State referred our petition to the Committee for farming the Post Office, to examine and state the fact. Being dispossessed of our freehold without a hearing by Manley's warrant, we beg its recall, restitution of the profits, and a speedy hearing. With reference thereon to Council, to put the whole business concerning the Post Office into a way of full examination, that all parties may be duly heard, and the whole matter truly stated. [1 sheet.]
Jan. 30.
Whitehall.
50. Reference thereon by Council to Pickering and Montague [2/3 page. Also I. 75, pp. 79.]
[Jan. 30.] 51. Petition of Clement Oxenbridge and Francis Thomson, on behalf of the first undertakers for reducing the postage of inland letters to half the former rates, to the Protector. Satisfied of the freeness in law of the postage of letters to any that would undertake the same, and that the postage of inland letters might be undertaken at half the usual rates with profit, we were the first to undertake accordingly, which was so much to the satisfaction of persons of commerce and correspondence, that notwithstanding the falling of the AttorneyGeneral to half his rates, and the advantages he took against us by stopping our mails on Lord's days, &c. the people continued to send their letters by us.
On the dissolution of Parliament, 20 April 1653, we were the only persons who performed the State's service in conveying their despatches, and it was our care to retain in employment all such postmasters on the road as were reputed godly and well affected. Our charges, losses, &c. amount to 5,146l. 10s. 8d., 3,238l. 16s. 3d. more than we have had return of, besides our pains and time.
At the end of the interval between the two late Parliaments, the postage of letters being referred by the then Council of State to Col. Rich and others, they made such a representation to Council, without fully hearing our case, that the postage of letters was farmed to John Manley, who violently turned us out of our house and employment, at less than an hour's warning, to our then great damage, we having accounts to make with all the postmasters, and many servants and horses on our hands. Many hundred citizens of London, and other towns, petitioned the late Parliament in our behalf, and these petitions, with our own, were ordered by the Committee for Petitions to be reported to the House 8 weeks ago.
We beg reimbursement for sums out of purse, and reparation for damages out of such moneys as the present farmer stands obliged to pay to the State, which was judged equal and just by the Council of State, in the interval between the two late Parliaments, in case the postage of letters were granted away from us; also to be free to carry letters as formerly, doing the State service, and accommodating private persons at more reasonable rates, there being a multitude of complaints against the exactions and miscarriages of the present farmer. With reference thereon to Council. [1 sheet.] Annexing,
51. i, ii. "The case of the undertakers for reducing postage of letters to just and moderate rates stated; and therein the liberty of a commonwealth, the weal of the merchant and industrious trader, and the birthright of every freeman vindicated from monopolizing restraints, and mercenary farming of public offices." Being arguments against Manley's claim of the monopoly of carrying letters, as contrary to the light of nature and of a free State, to the fundamental laws of England, and to Magna Charta, Acts of Parliament, and the decisions of the judges. [4 pages, printed. 2 copies.]
Jan. 30.
Whitehall.
52. Reference thereon in Council to Pickering and Montague, to report. [2/3 page. Also I. 75, p. 79.]
Jan. 30 ? 53. Information of Henry Robinson, merchant of London, to the Committee for Accounts, and for discovering frauds, &c., against the heirs of Thos. Witherings, lately deceased, Robert Earl of Warwick, Lord Rich, his son, Wm. Jessop, Sir David Watkins, and Wm. Witherings: that the foreign letter office, with its profits, which of right belong to the commonwealth, has been executed, concealed, and detained by the said parties, through combination, for 20 years before the late King's death, and ever since, and that the profits and arrears are still unaccounted for in their hands. Begs a summons to the said parties to appear and answer the charge against them. [1 page.]
Jan. 30. Council. Day's Proceedings.
1. Baron Thorpe, Mr. Recorder of London, and Sir Wm. Roberts, to prepare an Ordinance for repairing the highways, preserving them, and preventing the inconvenience arising by carriages, especially in and about London.
2. The Admiralty Judges to issue out commissions in the best way they find fit, for trial of the pirates now prisoners in Dorsetshire. Approved 3 Feb.
3. 54. The Navy Commissioners to examine the matter of fact alledged in the petition of James Jackson, commander of the Green Olive of Ipswich, preferred to the late Council of State, and by order of the Admiralty Committee of Feb. 21, 1653, referred to the said Commissioners, and to confer with the petitioner, state the matter of fact, and certify. Annexing,
54. i. Order in the Admiralty Committee alluded to, on Jackson's petition for 87l. 10s. for carrying packets from Council to the Generals at sea, and to Capt. Pestell in the Orkneys. [1 page.]
8. Order on report of the Committee for the Tower, that the Lieutenant be allowed his bills for fees, wages, and demands for last Michaelmas quarter, amounting to 456l. 18s. 6d., and for Christmas quarter, amounting to 368l. 5s. 4d., to be satisfied out of the arrears of the revenue of the late King, Queen, and Prince; and that Thos. Faulconbridge pay them.
That in the future establishment for the Tower, the allowance to the physician, apothecary, and surgeon be taken off together with the said officers, and their salaries added as an increase of allowance to the minister of the Tower, his allowance being but 20l. a year.
That the 40 warders be reduced to 30, as their places become void.
9. The gentleman porter, and yeomen warders to attend their duties in their own persons, on penalty of forfeiting their places, unless by reasonable cause, to be allowed of by the Lieutenant, and on leave from him to be absent, which leave of absence shall not exceed 14 days, except in case of sickness, and shall not be allowed above twice a year, nor to more than 6 of the warders at one time.
10. As the places of 10 of the warders to be reduced become vacant, the pay allowed them to be added as an increase of pay to the Lieutenant, in respect of his extraordinary care and trouble.
11. The 6 gunners (to which the former number of 120 is reduced) to be added to the Tower establishment, and to be paid 2s. each a day, and to reside within the Tower, that they may be ready to execute their duties.
12. The Lieutenant not to make sale of any of the warders' places on their becoming void, but to supply them by choice of persons in all respects fit for such a trust, and to admit them gratis.
13. According to the said resolution, the future establishment of the Tower to be settled, and one of the clerks of Council to prepare an establishment and present it to Council. Approved 3 Feb. [I. 75, pp. 78-81.] Annexing,
55. i, ii. Report of the Tower Committee, on which the above 6 orders are founded; adding on behalf of the Lieutenant that his present fee is but 400l., whilst his expenses cannot be less than 900l. a year. That the rate of a house and ground in the Tower, and the placing of 300 soldiers in the rooms that were let to prisoners, lessens his income by 500l. That his predecessor, who held the office 7 years, died 5,000l. in debt. That the present Lieutenant does not expect an allowance equivalent to his expense, but is willing to spend most of his yearly income and "his whole man" in the service, and break into the stock laid by for his many children. His pay as Colonel and Governor of Chester, before he was made Lieutenant of the Tower, was much more, and his expense and trouble not ½ so much. That 2/3 of the prisoners that come in pay little or nothing. Formerly they were persons of quality, and had their own estates and very large allowance from the Exchequer, most of which went into the Lieutenant's purse, as he dieted them. The change of government adds to his charge, it being requisite for him to live suitable to his place. 16 Jan. 1654. [4¼ pages, 2 papers.]
55. iii. A list of the establishment of the Tower of London as to the Lieutenant and those under his command, with an estimate of the incident charges, drawn out according to order of Council of 30 January 1654. [1 sheet.]
Jan. 30.
The Swiftsure.
56. Judge Advocate J. Fowler to Robt. Blackborne. My wife reports your kindness in getting my payments. You showed me that the 16d. a day taken off for De Banks was to be given to any interpreter, but I acted alone. I need no one for the French tongue, and as to Dutch, having travelled 4 years, I can question any skipper and have satisfied the Generals. They have granted me a commission for full salary, which was confirmed by the Admiralty Commissioners, with an addition of 14d. a day from the State, which will return to the State if I have the 16d. granted the interpreter, and by this (with a common man's wages and diet for himself and servant, which could not be denied him) will save the State 70l. a year, although I believe the Commissioners will add the 14d. to me also. I was taking examinations and attending Courts daily. [1 page.]
Jan. 30.
Yarmouth.
57. Major Wm. Burton to the Admiralty Committee. The great frigates cannot be launched for three weeks, as the masts are still being made at London. I am working the hemp from Newcastle into yarn, but some bundles are half rotten. There are 6 or 7 Dutch men-of-war on the coast, who have taken 8 sail, one of which is mine, and I believe that as we are upon concluding a peace, a word from General Desborow would get her back for me. A vessel from Ostend reports that the States of Holland, Zealand, and most of the provinces have signed the agreement. [1 page.]
Jan. 31. 58. Petition of Major Neh. Bourne to the Protector. Fourteen months ago, there being a great want of large masts in the State's stores, I adventured to New England in 3 ships to supply them by contract; but 2 of the ships, having no convoy, were taken by the Dutch, and the third foundered at sea, to a loss of 1,000l. Toward repair thereof, I beg a Dutch prize ship, or leave to buy 3 or 4 at the appraised rate. I have performed many years' faithful service, especially on the Scottish coast, where I spent much more than my salary, having only captain's pay, though I wore a flag, and sometimes commanded 10 or 15 ships. With special recommendation to Council. [1 page.]. Annexing,
58. i. Address of Major Bourne to the Protector, that as most of the best prizes have been sold last week, he may have a gift of one or more, to the value of 400l. or 500l. [½ page.]
Jan. 31. Order thereon that the Prize Goods Commissioners assign him one or more prize ships to the value of 400l. Approved 2 Feb. [I. 75, p. 81.]
Jan. 31. Council. Day's Proceedings.
2. Major-Gen. Lambert added to the Committee for the Greenland Company.
3. The Admiralty Commissioners to appoint the captain of the Fortune, now at Bristol, to convoy the vessels bound thence to the west of Ireland, between Waterford and Kinsale, for securing them from pickeroons which infest the coast. Approved 3 Feb.
4. The letter to the Protector from Saltonstall, Syler, and Desborow, from Leith, dated 24 January, with a paper inclosed, entitled " An answer to the information sent unto them from Council" referred to the Committee for Scotland, to consider and report.
5. Col. Whichcott and Fras. Young to restrain the cutting down and carrying away wood in Windsor forest, by the inhabitants near, and to report what should be done to apply it for firing at Whitehall, without embezzlement.
6. 58a. The Army Committee to order the collecting of half the monthly assessment charged on co. Cardigan by the last Act to be respited, and to require the Treasurers -at-war, collectors, and other officers not to call for the arrears of one half the said assessment, due since December 24, 1649. Approved 3 Feb.
7. Order on report of the Commissioners for Inspecting the Treasuries, on a reference of Sir John Trevor and Mr. Lake's petition, that the 4,299l. 6s. 8d. due upon the bills charged by Mr. Ledgard on the Army Committee to Trevor and Lake be paid out of the money in Ledgard's hands due on his account, and that the Committee for Inspection consider how this may best be paid, that the commonwealth may receive no damage. Col. Montague to confer with the Committee and report. Annexing,
59. i. Order by the Commissioners for Inspecting the Treasuries that Col. Sydenham offer to Council the report made on their order, on the petition of Sir John Trevor and Lancelot Lake.—13 January 1654. [½ page.]
59. ii. Report by the Treasury Commissioners alluded to, that in 15 Charles, Sir Ralph Freeman, Sir Thos. Bludder, the petitioners, and Abr. Perrott, on surrender of a former lease and payment of 20,000l., had a grant of 5s. a chaldron on coals exported, and 3s. 4d. more on coals exported by strangers, and 1s. 8d. on coals transported by English, and 1s. on all coals carried out of the Tyne, on rent of 8,300l.; but Parliament took away these impositions, except the 1s. a chaldron, and promised a proportionate abatement in their rent. From 1645 to 1647 the duty was received by the Scots, who held that garrison. In 1647, the Revenue Committee reduced their rent to 1,838l. 12s. 4¾d., of which the whole rent for 1649 is unpaid, and also 919l. 6s. 2½d. for 1653. But 200l. was usually allowed the farmers for 4,000 chaldrons free of duty for the poor of London.
Also that Dawson and Tomkins paid 4,299l. 6s. 8d. to Mr. Ledgard for Trevor and Lake, but the money was not paid them, because Sir A. Heselrigg had represented that some delinquents were interested in the lease. That Freeman and Bludder were delinquents, but have compounded for their interest in the lease, and that 1/5 belongs to Mr. Ashfield, recusant, and was accounted for at Haberdashers' Hall till 1650 inclusive. [2 pages.]
9. The Earl of Nottingham's petition to his Highness to be considered to-morrow.
10. The Ordinance for pardoning all persons in Scotland other than such as are particularly excepted to be read to-morrow.
12. The Ordinance for reviving several Acts and orders giving power to a Committee for the Militia of London assented to by the Protector. [I. 75, pp. 81-83.]
[Jan. 31.] 60. The case of the freemen adventures for the fishing in Greenland, presented to Parliament. The fishing was discovered 40 years ago by Hull men, but the company claim the sole right thereto, on pretext of an Act of Parliament passed before its discovery, and without any relation thereto; and by Council orders, they have suppressed and imprisoned all not of the company, thus monopolizing the trade, advancing the price of oil, and compelling the import of much Dutch oil.
They now desire confirmation of Horn Sound and Bell Sound, leaving the others free; but most of the others are inaccessible from ice, and these are large enough for more fishers than ever adventured thither.
Can it be consistent with public good to restrain the fishing to 50 people, who cannot bring in sufficient oil, and who enhance the price, when others offer to set out double the shipping, if the trade may be free ? The adventurers have sent out this year 1,100 tons of shipping, as much as the company's average, and if the company's desires be granted, their voyages will be destroyed. Signed by Geo. Baker, Rich. Warner, and 15 others. [1 sheet, printed.]
Jan. 31. 61. Arguments by Fras. Ashe, Governor of the Muscovy Company, to prove that several interests cannot conveniently fish for whales in one harbour, but that it would be beneficial if they fished in several harbours. [2¼ pages.]
[Jan. 31.] 62. Reasons why several adventurers and stocks cannot fish whales together in one harbour, and why the great harbour of Bell Sound should be fished by a joint stock, being too large for particular adventurers.
1. If those who first arrive choose their places, some will go a month before the season, augmenting charge and destroying profit.
2. None will build storehouses or durable accommodation for their men, which they might only enjoy for one year.
3. Most will go to Bell Sound, and the other harbours will be left to the French and Dutch. Also there will be much loss, for part of the Sound being shallow, and part blocked with ice, 30 or 40 shallops all in one interest, and killing every whale that rises, would fish it better than 60 or 70, who would rather hinder than help each other.
4. This is rather a hunting above ground than fishing under water, and would lead to much contention as to who first struck a whale, much entangling of warps and lines where more than one whale is struck, and strife as to which should cut and lose their whales, and also to contest about drift whales.
5. There are more losing than gaining voyages made, but once in 3 or 4 years the whales come in shoals, and then 300 or 400 tuns of oil are made more than can be brought home, and are left in the company's storehouses till next year; but private adventurers would neither have storehouses nor casks, nor would their mariners be willing to spend time and labour, not knowing who should fetch the oil home.
6. English interests will not be preserved against the Dutch and French, for the company sends one ship at least to each harbour for defence, whilst the rest turn the whales.
7. Unless there be a joint stock, the company's stock of 20,000l. will not be employed in fishing, and thus the nation's fishing will be diminished. They desire no more of the continent than they improve to common advantage, and leave all the rest free to adventurers. [1½ pages.] Also
Objections of the Muscovy Company to Mr. Horth's propositions to have 1/6 in the harbour with them, and supply 1/6 of the men and fishing.
1. That if they allow it to him, they must allow it to any other who asks it.
2. It will unsettle the company's trade, as they cannot set out their ships till they know what part the rest of the nation will furnish.
3. The accounts will be endless and intricate, and the company, with a stock of 20,000l., should not involve themselves with insolvent men, to whom they must pay all dues, but from whom they could receive nothing.
4. It will send all to the harbours already settled, and none will visit the 30 or 40 more harbours discovered, but where the company do not fish.
On the whole, the company decline, on account of damage, bloodshed, and loss, to fish in a general joint stock, free for others to come into their harbours. [2/3 page.] Also,
Six reasons why the company should be preferred before others to the choice of the harbours in Greenland. [½ page.]
[Jan. 31.] 63. Copy of the preceding paper. [22/3 pages.]
Jan. 31. 64. Answer to the preceding 7 reasons by the free adventurers. With note that the Dutch first had a company for the Greenland fishery, but recalled it on experience of public loss, and their trade has increased ever since. [1¼ pages.] Also,
65. Five propositions by Edw. Whitwell, for himself and others, for regulating and increasing the fishing in Greenland by free admission of all. [1 page.]
Jan. 31. 66. Nine reasons by Edw. Whitwell, on behalf of the free adventurers, against the claim of the Muscovy Company to the sole right of fishing in Greenland. [1 page. The papers not calendared in full contain repetitions of arguments already calendared.]
[Jan. 31.] 67, 68. Two copies of the preceding 9 reasons and 5 propositions. [Printed, 1 page each.]
Jan. 31. 69. Reasons by Rich. Eccleston on behalf of the adventurers of Hull, why the Greenland trade should be free.
1. That all living under the same government, and having common charges, should enjoy the same liberties.
2. That those who seek to engross the trade do it by right of a monopolizing patent, inconsistent with the freedom of a commonwealth.
3. That the State would be strengthened by the increase of shipping and seamen employed in these voyages.
4. That the country would be furnished with oil and fins, instead of buying from the Hollander, 12 ships so laden having come at one time this year from Amsterdam to Hull.
5. That if one harbour were kept for the old company, others forced by weather into that harbour would be in danger of losing their voyage. [1 page.]
[Jan. 31.] 70. Arguments addressed to the Council for Trade by Thomas and Lancelot Anderson, Edw. Whitwell, and 3 others, for the free adventurers, to prove the possibility of several adventurers fishing in one harbour, following the existing regulations, for as the whales come in shoals of 200 or 300, it would rarely happen that several adventurers would chase one whale. Bell Sound is 30 miles by 15, and Green harbour yet larger, and the circumference not known.
The entangling of lines has not been known to happen, and could easily be regulated for. The case of drift whales could be provided for by all adventurers marking their whale irons. [7 pages.]
[Jan. 31.] 71. Brief heads of the arguments used on both sides of the case. [¾ page.]
[Jan.] 72. Petition of Edward, Earl of Worcester, prisoner in the Tower, to the Protector, for release on bail, his imprisonment for 18 months having injured his health, as certified by the sworn physician of the Tower. It was proved that he was not engaged against the State since the time limited in the Act of grace, and came only out of confidence to submit to this Government, and chiefly to his Highness. [1 page.]
Jan. ? 73. Earl of Worcester to the Protector. Let me remind you how long I have been a suitor for this poor petition, and pray call for it to be read, which will be a great charity added to the rest of your favours. [1 page.]
Jan. ? 74. Petition of Fras. Ashe, Governor, and the Muscovy Company to the Protector. Long ago discovered Greenland, and placed the English standard there, and though King James by several Acts declared his right to the country, the Hollanders have intruded into the fishing, damaging them in 1618 to the amount of 22,000l., of which they have never been able to obtain restitution, though often demanded. Beg consideration of their loss and title in the present treaty with the Hollanders. [1 page.]
Jan. ? 75. Petition of John Godolphin, Wm. Clerk, Walter Walker, and 8 other doctors of civil law, for themselves and their profession, to the Protector. They acknowledge divine providence in his present Government; study the text of the civil law, and the customs and laws of nations; engage to be faithful to him, and hope their profession will be useful to him and the nation. Beg that it may not be discouraged, and the professors extirpated for want of employment. Request an audience to propound some way whereby the profession may be practised, and students encouraged, without prejudice to the laws and customs of the nation. [1 page.]
Jan. ? 76. Petition of Mary, wife of Dan. Kemble, miner of Tewksbury, to the Protector. My husband has been 20 years subject to fits of distraction, during which his neighbours pass by abuses done in passion; but lately one of them brought an action against him, and drew words from him in his passion for which he has been sent to prison. I beg his release, or I and my children will be undone. [1 page.] Annexing,
76. i. Certificate by John Wells, minister, Wm. Neast and Rob. Jennings, justices, W. Hill, town clerk, 5 common councilmen, and 16 others, to the lunacy of Dan. Kemble; made at request of his wife, "a discreet, religious woman, and having a great charge of children."—Tewksbury, 6 Jan. 1654. [1 page.]

Footnotes

  • 1. The approval of the Protector being requisite to give validity to orders passed in his absence from Council, it is noted at the end of each order, with the day when it it was granted.—Ed.