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Volume 67: March 1-17, 1654

Pages 1-37

Calendar of State Papers Domestic: Interregnum, 1654. Originally published by Her Majesty's Stationery Office, London, 1880.

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March 1-17, 1654

March 1. Council. Day's Proceedings.
1. Mackworth, Rous, Pickering, and Sydenham, to be a Committee to meet this afternoon with Mr. Nye, Goodwin, and other ministers, and receive what they have to offer, and confer with them in reference to the approbation of persons to preach in a settled way in any public place.
2. Wolsley, Montague, and Strickland to be a Committee to speak with Serjeant Glanvile about his being re-admitted to his practice at the bar.
3. The Lord Mayor, Recorder, Mr. Sadler, town clerk of London, and the Steward, bailiff, and burgesses of Westminster attended, when several matters were propounded to them in relation to the good government of the cities.
4. The Committee for the Adventurers for Ireland to attend Council at 8 to-morrow, when the Protector will be there if possible. [I. 75, pp. 145–6.]
March 1.
Whitehall.
1. W. J[ones ?] to the Greenland Company and the rest of the interests concerned in that trade. The Committee to whom Council has referred the business desire me to send you the enclosed rules, and to desire that each interest should choose persons to meet, and (adhering to the substance) digest them into the best form. They will also receive from you anything that your long experience enables you to tender thereon, or hear your objections to anything judged prejudicial, but expedition is needful. [1 page.] Enclosing,
1. i. Proposed regulations for the Greenland Company:
1. That a company of 15 be chosen equally out of the Company, and the other interests, to dispose of the vessels to be provided.
2. That all intending adventurers give in their names, ships, officers, &c. before 1 November.
3. That the Commissioners assign them their several proportions of tonnage.
4. That the proposers give security to set out the number of ships, &c. which they offer.
5. That none be admitted unless they offer before 1 Nov.
6. That on 15 April next, the Commissioners give written directions to the master of each ship what harbour to go to.
7. That due encouragement be given to those sent to fish in places difficult, hazardous, or uncertain of fishing.
8. That all proceeds be distributed to the adventurers in proportion to their tonnage, men, hazard, and danger, as appointed by the Commissioners.
9. That the Commissioners take care that the ships are sufficient for defence.
10. That the old Commissioners receive the subscriptions, and the new Commissioners be chosen on 15 Nov.
11. That observiug these rules, all persons be free to set forth any ships they please for the said trade. [Draft, 2½ pages.]
1. ii. Draft of the above regulations and letter, much corrected. [2¾ pages.]
1. iii. Copy of 5 of the above regulations. [1 page.]
March 1. 2. Bond of Charles and Allan Percy, of Beverley co. York, and Wm. Parkett, of St. Clement Dane's, Westminster, in 600l., that Chas. Percy appear within 3 days after summons, do not leave the nation without leave, and act nothing to the prejudice of the peace. [1 page.]
March 1. 3. Like bond of John Blunt, of London, Thos. Fletcher, of Covent Garden, and John Phillips, of Warbath, co. Pembroke, in 600l. for the appearance and good conduct of Blunt. [1 page.]
March 1/11.
Breda.
4. Sir Richard Grenville to [Ralph Parker ?] You name, in yours of the 7th, my lord's approval that Sir John Mints should adjust the business between him and me, and that you will send papers to the Hague thereon, and advise me to do the like.
This cannot be at the Hague, where neither I nor my procureur, John Mickelfelt,—who has my proofs, instructions, and procuration, to see my right made good—can be, but I will submit to Sir John's judgment if he will come to Middleburg, where my procureur shall attend him, for I will not be ousted of my right by subtleties. If he will not come there, and if neither Sir Pat. Drummond, Mr. Regamorter, nor any others in Zealand, are accepted for referees, the process at law there must determine it. I will lose no time about my process. I shall be at Bruges next week. [1 page.]
March 2. 5. Petition of Wm. Watts, woodward for Surrey to the Protector, for relief. I have disbursed 200l. in prosecuting warrants. I gave 200l. for my place; the fees were 3s. 4d. a day, 5l. a year salary, and 2l. for Windsor forest, and 1s. a pound on wood sales. I am owed:—
£ s. d.
The 3s. 4d. a day for 8 years 416 0 0
Disbursements by woodward's book 322 14 0
Two years' salary of 5l. 10 0 0
Four " " 2l. 8 0 0
The woods are disposed of to Col. Pride and others, so my office comes to nothing, and my wife and 7 children are starved for want of these disbursements and arrears. With reference thereon to Council 20 Feb. 1653–4. [1½ pages.] Annexing,
5. i. Certificate by Rich. Fearmes and 11 others to the poverty and fidelity of Watts, who has 7 small children that must have perished without help from godly men. 28 March 1654. [1 page.]
5. ii. Receipt by John Witherings from Watts of 21l. in part of 200l.; all paid except 8l. 22 Feb. 1653–4. [½ page.]
March 2. Order thereon that 20l. be paid him by the Receiver-General of the Revenue, and that Rous, Mackworth, and Major report on the petition. Approved 23 March. [I. 75, p. 146.]
March 2. Council. Day's Proceedings.
2. The petition of Wm. Pym and others (committed last Friday to Mackworth and Rous), referred to the Committee for regulating Customs and Excise, to consider and certify.
3. Dr. Owen, Vice-Chancellor of Oxford, to take care that the book entitled "A Twofold Catechism," made by — Bidle, be answered.
4. The debate touching the said book to be resumed this day fortnight.
5. Pickering and Strickland to meet the Ambassadors from the States General to-morrow afternoon, and accompany them to Westminster.
6. The following members of Council to sup and dine with the Dutch Ambassadors at the times following:—
Friday, dinner Pickering and Strickland.
" supper Lambert and Sydenham.
Saturday, dinner Skippon and Mackworth.
" supper Lord President and Viscount Lisle.
Sunday, dinner Strickland and Jones.
" supper Wolsley, Cooper, and Desborow.
Monday, dinner Pickering and Montague.
7. The words, "which were lately in the Mint" to be added in the warrant to the Lieutenant of the Tower for payment of 1,500l. to Gualter Frost. [I. 75, pp. 147–8.]
March 2.
Whitehall.
Council to Major Wm. Burton, Maj. Clement Keene, and Thos. Bendish, Justices of Peace for Suffolk. We have received your letter and the examinations enclosed, concerning the interruption given to some persons in their religious exercises at Lowestoft, and recommend to your effectual care that Mr. Alberry and the rest of the honest people of Lowestoft have liberty to use the chapel there for performance of their religious exercises, and that they be protected therein from molestation.
You are further desired to take notice of any disturbance that has been or shall be given them, in such their exercises, and to cause those misdemeaning themselves to be proceeded against according to law. [I. 75, p. 147.]
March 2. 6. Representation of Rob. Tichborne, Mark Hildesley, Dan. Taylor, Wm. Wyberd, Thos. Arnold, and Owen Rowe, some of the trustees for sale of Deans' and Chapters' lands, to the Protector. Would gladly obey the Order of 6 Feb. last to settle lands value 200l. a year on Nich. Lockyer, but the lands which they are required to convey being unsold 16 Dec. last, when the government of the Commonwealth now established was declared at Westminster, these lands were, as they conceive, vested in his Highness by the 31st article, and not to be alienated from the Lord Protector without consent of Parliament. [¾ page.] Annexing,
6. i. Order by the Protector confirming the order of the Council of State of 30 June 1653, for settlement of the said lands on Lockyer, the Commissioners for removing obstructions to exercise all their powers in reference thereto. 6 Feb. 1653–4. [1 sheet.]
March 2. 7. Petition of Vincent Randall, of Chilworth, Surrey, to the Admiralty Committee. My late father, Sir Edw. Randall, let a lease to the East India Company of several powder mills near his dwelling at Chilworth, for 21 years. After this Caudwell, surveyor of the mills, rented them for a year, but died and left them in possession of his wife; she being unable to manage so great a work, sold her stock to merchants who begged leave to be my yearly tenants, which I granted, and their time is now expired. I beg leave to serve the State with the same quantity of powder as the mills served before, on security to make it as good and cheap. [1 page.]
March 2. 8. Certificate by Rich. Wood, Mayor, and Rich. Elton, Deputy Governor of Kingston-upon-Hull, that several Hamburg merchants and owners of ships named have deposed upon oath before them that the Assurance and Mermaid, which were appointed as convoy to their ships, did not wait at Hull 6 weeks for them, as stated, but that their ships have been waiting 5 months for a convoy, whereby they have been damnified to the extent of 1,500l., besides the general loss, which is twice as much, by the loss of time and the markets. Also that they have paid 1,500l. for customs on the cloth, lead, and other commodities shipped, and that they were convoyed as far as the Humber, where the Assurance and Mermaid were called off. [1 sheet, with town seal.]
March 3. 9. Petition of Cap. Jos. Smith to the Protector. I have served since the beginning of the war, was seriously wounded at the siege of Reading, was ill 11 months at my father's house in Wiltshire, and have often been wounded since, and had to go 6 times to the Bath. I spent 250l. in getting cured, and 360l. in raising horses and arms.
Also there is 546l. due to me for arrears, but this is only ⅓ of my due, because being supposed to be dead of my wounds, I was not mustered in 1647 and 1649. Yet I sent to the battle of Worcester a man and horse who never returned, and I served at my own charge in Serj. Dendy's troop, to guard the Council of State. I have often petitioned Parliament for such employment as I was fit for, being disabled in my limbs, especially for that of paymaster and steward to Ely House; the members promised much, but put in their relations and friends, and I got many orders but no profit.
I lost a fair estate promised by a kinsman who was of the junto at Oxford, and my mother, who mortgaged her jointure for 300l. to support me in the service, had her cows fetched away for it by the Donnington Castle garrison, and she was cut over the head in trying to keep them. I beg payment and employment, or a pension from Ely House, to which I have been very useful in bringing in ½ the fines out of the Excise, appointed by Parliament for relief of maimed soldiers. With reference thereon to Council to proceed speedily, on account of the petitioner's necessity, 7 Feb. 1653–4. Also note that the petition will be seconded by Sir A. A. Cooper, Sir G. Pickering, or Mr. Rous. [1 large closely written sheet.]
March 3. Reference thereon by Council to Jones, Mackworth, and Rous, to report. [I. 75, p. 148.]
March 3. 10. Petition of Wm. Wright, graver in stone, to the Protector. Col. Rich agreed to pay him 120l. for a tomb for Lord Deputy Ireton, to be set up in Henry VII.'s chapel, in 3 payments, of which he has received the first, and 17l. 10s. of the second. Has long since finished the said tomb, "he hopeth to the good contentment of your Highness and the most skilful beholders, and to the welldeserving fame of the said late lord deputy." Begs payment of 52l. 10s., that he may be able to erect the tomb. With reference thereon 6 Feb. to Col. Nath. Rich; his certificate that the reason of non-payment is that the money allowed was not competent to the expense of the funeral; and another reference to Council 20 Feb. 1653–4. [1½ sheet.]
March 3. Reference thereon by Council to Wolsley, Jones, and Mackworth. [I. 75, p. 148.]
March 3. 11. Petition of Phil. Holman to the Protector. Roach Forest, co, Somerset, belonged to the lords of the adjoining manors, the late King having only herbage for his deer; 22 years ago he disafforested it, and had ⅓ allotted for the herbage, ⅓ to the lords of manors, and ⅓ to the tenants. Sir Rob. Heath, Chief Justice of Common Pleas, owned Broadway Manor near, and by an Exchequer decree, his ⅓ and the King's ⅓, which he purchased, were to be enclosed 13 years ago. He sold the said 2/3 to me for 5,000l., and I enjoyed it till 1643, when in the wars, the enclosures were violently laid open at night, and so continued till 1646. Then I enclosed part, but the enclosures were violently broken down. I beg protection to re-inclose the 2/3, and a warrant for assistance in case of opposition. With reference thereon to Council, 20 Feb. 1653–4. [1 sheet.]
March 3. Note that the preceding petition was read in Council. [I. 75, p. 149.]
March 3. 12. Petition of Edm. Manning, merchant of London, to the Protector. I suffered much in opposing the tyranny of the late King and bishops. I can now, if you concur, do what will advantage multitudes of the poor, and somewhat refresh me in my low condition occasioned by my sufferings, and by the loss of 44 hogsheads of oil, value 200l., seized by the Greenland Company in 1646, after I had paid customs, as I could not wrestle with so opulent a company.
The company have not brought in ½ as many whale fins as are yearly expended, therefore I beg liberty to import 50 tons, the late Act against bringing in foreign commodities notwithstanding.
With note by President Lawrence to the Protector in favour of the petitioner, about whom he spoke to his Highness on Saturday. 6 Feb. 1653–4, and reference thereon to Council, 9 Feb. 1653–4. [1 sheet.]
March 3. Reference thereon by Council to the Committee on the Greenland Company's petition, to report. [I. 75, p. 149.]
March 3. 13. Petition of Ant. Bassano and 29 others, for themselves and many hundreds in their condition, to the Protector. We paid in divers sums to the Treasurer of the late Committee of Haberdashers' Hall for the 20th and 5th of our estates, and were to have the public faith therefor; but the days of payment were only 10 days after notice, some of us had not due notice, others were out of town, others hindered by sickness or poverty from paying, and the penalties for non-payment being heavy, many of us had to pay beyond our due proportions. By ordinance of Parliament of 12 Aug. 1643, the Committee for Advance of Money was authorised to grant the public faith in such cases, but now their power therein is ended. We beg its renewal, without which we cannot enter our claims by 25 March next, the time limited, and shall be excluded from claim to our public faith debts. 30 signatures, 2 being marks. With reference thereon to Council. Noted as laid aside, 31 March 1654. [1¼ pp.]
March 3. Council. Day's Proceedings.
1. Note of the Protector's approval of 3 Ordinances and orders.
3. The petition of Edw. Cresset, Master of Sutton's Hospital, and the paper annexed, referred to Mackworth, Montague, Jones, and Rous, to report.
4. That of Edward Viscount Loftus of Ely referred to Lambert, Lisle, Montague, Jones, Cooper, and Wolsley, to consider his disbursements in fortifying Middleham Castle and his entertainment, and to report.
5. In the order of 24 Feb. last, referring the proceedings at the new Exchange to the Attorney General, Sir Thos. Widrington, and the Recorder, the words "or any two of them" to be inserted.
9. 14. Order on petition of Katherine, relict of Timothy Aspinwall, late minister of Coventry, that the 271l. 12s. mentioned as due to her late husband on account and debenture stated by the late Committee of Coventry, for his charges and arrears as chaplain to Col. Burke's regiment, be paid her out of such arrears due to the Commonwealth as were raised in Hertfordshire before 1 Feb. 1649–50, and which remain in the hands of Mr. Hickman, Treasurer of Hertfordshire, for whose payment this order shall be sufficient warrant. Approved 23 March.
10. Order on the petition of Gilb. Keate and other owners of the Anthony Bonaventure, and on a certificate of the Navy Commissioners on a reference from the Admiralty Commissioners, that—as the ship appears to have been honourably lost in fight with the Dutch, and that as, on serious debate with some of the Committee of Trinity House (the price and value thereof, including the freight for the time she was in service considered), the owners deserve for their loss 3,600l.,—the Admiralty Commissioners satisfy themselves touching the premises, and thereupon issue their commands to the Navy Commissioners to make out a bill to the Navy Treasurer for payment of the 3,600l., or do for the petitioners' satisfaction as they see cause. Approved 23 March.
12. The petition of the Masters, Wardens, and Assistants of the Company of Feltmakers referred to the Committee for the Treasuries, to report.
13. Order on petition of Dan. French, minister of Stroud, that Thos. Falconbridge pay him all the arrears of the augmentation granted him by ordinance of Parliament, any former restraint notwithstanding. Approved 23 March.
14. 15. Order on a report from the Navy Commissioners, on reference of 30 January last,—that Jas. Jackson deserves 50l. for services at sea in the Green Olive of Ipswich,—that the Admiralty Commissioners authorise a warrant to the Navy treasurer for payment. Approved 23 March. Annexing,
15. i. Report alluded to, that he deserves 50l., his ship being taken up at Norway, and employed in taking packets to the Generals, the Orkney Isles, &c.—Navy Office, 10 Feb. 1653–4. [1 page.]
15. 16. Order that the report of the Admiralty Commissioners, on the Protector's reference on the petition of the workmen armourers of the Tower armoury, be agreed to, and that there be paid to the armourers as wages to the 1st March, 236l. 15s. 9d., viz.:—
£ s. d.
To Rich. Alliston 50 8 9
" Sam. Ashton 50 8 9
" Solomon Sibtharp 50 8 9
" Rich. Rous 47 8 9
" John Atmere 38 0 9
The Admiralty Commissioners to issue warrants to the Navy Treasurer accordingly. Approved 23 March.
17. The petition of Nathaniel Poole and Joane, his wife, referred to Mackworth, Jones, Sydenham, Rous, and Major, to report.
18, 19. Those of Thos. Dunsterville, and of Michael Barkstead referred to the Committee for the Mint, to report.
21. Order that—as several inconveniences have been occasioned by addresses made to the late Council of State, for the release of ships taken by the State's vessels while they have been still depending in the Admiralty Court,—the issue of any order for stay of such proceedings in the Admiralty Court be forborne, notwithstanding any address hereafter to be made the Protector or Council, touching ships brought to adjudication in that Court, it being the Protector's intention that the said Court give sentence in the case of all prize ships, without interruption. Approved 23 March.
22. 17. Order, on report on the 1,250l. lent by Thos. Ledgard, alderman of Newcastle, to Col. Fras. Hacker, by order of Sir Art. Hesilrigge, on a public emergency, that the Committee of Accounts allow the same on Mr. Ledgard's accounts, and that Col. Hacker be directed by his Highness to give an account for it. Approved 23 March. Annexing,
17. i. Receipt by Hacker of the said sum, July 1649. [⅓ page.]
17. ii. Report alluded to, stating that the Committee refused to discharge Ledgard of the money, because it was entered as a loan in his accounts, and sent for Hacker, but his Highness had ordered him to a service, promising, as he had often done before, to take him off the 1,250l. 28 Feb. 1653–4. [1 page.]
17. iii. Warrant to the Committee of Accounts at Duchy House to allow the 1,250l. on Ledgard's accounts. [2/3 page.]
23. The petition of Sarah Potter, widow, whereon the Protector recommended the granting her a yearly pension, referred to Sydenham, Mackworth, Wolsley, and Rous, to consider out of what treasury the pension may be answered, and to report.
24. The Trustees for maintenance of Ministers to forbear to grant any augmentation to Wm. Langley, minister of Lichfield, Capt. Falconbridge to take notice hereof, and suspend augmentation till further order. [I. 75, pp. 149–152.]
March 3. 18. Navy Commissioners to the Admiralty Committee. We have examined Capt. Rich. Badiley's accounts for disbursements while in the Straits; as also those of Chas. Longland intermixed therewith, and have passed them, save a sum of 3,000 dollars charged for provision for freighting for the ships taken up there. We think this should be included in the 5s. 3d. a dollar provision money, but we desire further orders. [2/3 page.]
March 3. 19. Mich. Lea to Robt. Blackborne. I beg you to present a copy of a survey made of Whitemeade Park, as also of the Earl of Pembroke's lease thereof, to the Navy Commissioners. [2/3 page.]
March 3/13. 20. Luke Whittington to Ralph Parker, Flushing. Col. Anselm writes me a saucy letter about the commission he promised to procure me. He says his Highness Leopold will not have less than 200 guilders. I will not buy his commission so dearly. I am glad you and my lord are reconciled. Private affairs. Write me word whether you come to follow Sir Rich. Grenville's suit here. Lieut.-Col. Galbreth, and my father-in-law, Mr. Regamorter, have been here, and tell me of a letter in your hands from Holland for me. [1 page.]
March 4. 21. Commissioners for Sick and Wounded to the Admiralty Committee. We think the bill of Herbert Cadman, boatswain, for cure for himself and servant when wounded very unreasonable; 13l. 13s., is a fit allowance, and as he had 15l., he should return 1l. 7s. Also we disapprove Capt. Haddock's charge of 5l. 8s. for one of his company during five weeks' sickness. These irregular charges much obstruct our endeavours to reduce the people of the several ports to conform to your allowance of 7s. a week. [1 page.]
March 4.
The Triumph, Off the Shoe.
22. Capt. Lionel Lane to the Navy Commissioners. I had an order for procuring 50 watermen, with assistance of the masters, &c. of Waterman's Hall. They say they have sent me 51, but only eight appeared. I have examined all the ships in the river, but cannot hear of any more. I give you notice lest there should be some miscarriage, but as I have no need, I shall not trouble further about them, but make all speed to the fleet. [¾ page.]
March 4,
Prize Office.
23. Prize Commissioners to the Admiralty Committee. In answer to your request to know in what ports certain ships named lie, and where the examinations are, we certify that there has been no neglect about the examination of prisoners taken in them; as none of their companies were delivered with the ships to the Sub-Commissioners of Prizes at the several ports, no examinations could be taken for their condemnation, Those prisoners who were sent in the prizes to London were taken to Chelsea and the Mews at Westminster. We sent our officers several times to have them examined in the Admiralty Court, but there were none from the ships named. We send a list of 10 ships which were condemned by the evidence of their crews. [1 page.] Annexing,
23. i. List alluded to. [2/3 page.]
March 4.
Swiftsure, Ellen's Road.
24. Gens. Blake and Penn to the Generals of the Fleet at Whitehall. The Dutch intend to be soon at sea with a large body. We have done our best to get this part of the fleet ready for service. Our greatest want is men, to supply which, we beg you to order the Martin and three others in the Narrows to repair hither; from them we shall get a number of able seamen, with which they can be resupplied. The wind being easterly, we have fallen down here with the main body, to be ready for service. [1 page.]
March 4.
Swiftsure, Ellen's Road.
25. Gens. Blake and Penn to the Admiralty Committee. To like effect. We wonder the ships in the river do not hasten; those appointed to ply between this and the Land's End are now in the fleet. We want the Martin and other small vessels, which will be useful to us, and will send the Pelican to the Pearl in the Narrow. [1 page.]
Papers relating to Windsor Forest, viz.:—
March 6. 26. Proposals of Col. Chris. Whichcote and Thos. Reading for its better preservation.
1. That no warrants for felling timber be allowed unless registered, as much injury has been done by false warrants.
2. That no fees be allowed to any, as they carve out to themselves what they please.
3. That a salary be allowed to one man in every division, the nine great woods being far apart, with a supervisor; as for want of such government, there is a loss to the forests of 15l. a day.
4. That the 7 lodges are a great burden, and claim as much wood for their firing as when forests were furnished with deer.
5. That an inhibition being published of the cutting down of wood, exemplary punishment should be had on offenders.
The neighbouring parishes claim timber for the repair of their bridges. The charge of cutting down and carrying dotard timber for use in Whitehall will be 7s. a load.
As Mr. Plumpton cannot act with them, they request that Wm. Hyde, "an active, knowing gentleman, who lives near the forests," may take his place.—Windsor, 1 March 1653–4. With marginal and other notes by Reading, 14 March, that cottagers who have a little ground fell the oaks growing thereon. That three trees being felled are discovered, and the fellers bound over not to offend again. That bushes should be preserved. That the Commissioners expect recompense for their pains, and fuel for their families. [2½ pages.] Annexing,
26. i. Notes [by Thos. Reading] of resolutions touching the woods in the New Forest, Windsor, that none fell trees without warrants from the Commissioners.
That they give no warrants in lieu of fees, until the claim has been allowed by his Highness or Council.
That they appoint 6 persons and a supervisor to look after the woods, receiving amongst them 46l. 3s. 4d.
That 600 loads be prepared, the expense being paid out of Council's contingencies.
That the 3 trees seized be sold on account, &c. 16 March 1653–4. [¾ page.]
March 6. Note of the reading thereof in Council, and order that instead of Mr. Plumpstead (sic) (named in an order of 17 Feb. last), Wm. Hyde be joined with the Governor of Windsor Castle and Mr. Reading, for executing an order of 31 Jan. last, touching woods and trees in Windsor Forest. Approved 23 March. [I. 75, p. 154.]
[March 6.] 27. Certificate of Francis Younge, on an order of the Protector and Council of 31 Jan. 1653–4 to Colonel Whichcote, Governor of Windsor Castle, and himself, the governor being indisposed by sickness for business.
On view of the woods, I find many decaying dotard trees, fit only for fuel, and no underwood except bushment.
As to their better preservation, since the forest laws are suspended, and many inhabitants and borderers have of late been bold in spoiling and stealing the woods, some of the trespassers, for example's sake, should be summoned before Council, because the justices of peace (to whom complaints have often been made), can only proceed against them as in the case of trespass, by binding them over, which course has proved tedious and ineffectual. If this be not approved, his Highness might command an inhibition of the like offences, and declare that a strict course shall be taken against offenders; this to be published in the parish churches and markets thereabouts; also straightly charging the woodwards to return the names of trespassers.
Although the notice already given has put a stop to the boldness of the people, yet it will not thoroughly effect what is intended.
As to the supply of Whitehall with firing out of the forest, the decaying dotard trees nearest the Thames should be first felled this and next month, lest, if the summer prove dry, the river be not passable with barges to convey them to London. 16 Feb. 1653–4. [1 sheet.]
[March 6.] 28. Certificate by Fras. Younge of the condition of the walks and timber trees in Windsor Forest, the keepers, under-keepers, and officers there, with their fees and allowances.
Cramborne Lodge and Walk in the possession of Capt. Jas. Whitelock, by commission from his father Lord Commissioner Whitelock, constable and warden of Windsor Castle and Forest, and now under my care. The lodge and outhouse are much out of repair. Fee, 50l. a year.
Mem.—The walk was formerly divided into three under-keeperships for preserving the deer, the appointments being made by the keeper of Cramborne.
New Lodge Walk, in the possession of Col. Whichcote, late Governor of Windsor Castle, put in by Philip, Earl of Pembroke, and held by a tenant of the colonel. To this walk belong two closes and an orchard, the lodge and outhouses much decayed. Fee, 50l. a year.
Swinley Rails Walk, in possession of Henry Nevill, Esq., by commission from the Committee of the Revenue in October last, heath and very barren ground; the house, barns, and rails very much decayed. Fee, 50l. a year.
Bigshott Rails, with lodge for under-keeper, heath ground in possession of Capt. Bayley, by commission from Philip, Earl of Pembroke; belonging to this there were 3 red deer walks. Fee yearly, 50l.
Beare Wood, lodge for an under-keeper, with 3 closes, in possession of Mr. Danvers, by commission from Philip, Earl of Pembroke, now in my possession by commission from Lord Whitelock, dated 12 Nov. 1653, and Humphrey Broughton is my deputy. The house and barns are ready to fall for want of repairs. Fee, 12l.
Egham or Red Deer Walk, lodge for an under-keeper, who is John Saunders, a poor man; no house for the chief keeper, the last being Sir Art. Mainwaring, who lived at Sayes Fee, 20l.
Milton's Lodge, belonging to Cramborne, a poor house held by John Bennet under Commissioner Whitelock, with 3 small parcels of land.
Names and fees of the forest officers, and numbers of the timber trees, pollard timber trees, and decayed pollard timber trees in the respective walks.
Note that this certificate was presented to the Revenue Commissioners, 27 Jan. 1652–3, but that since then Mr. Cooper, agent for the Navy officers, has had 500 timber trees, and 400 loads of timber, of which he can give further account. 16 Feb. 1653–4. [6⅓ pages.]
March 6. 29. Reference to Lambert, Wolsley, Rous, Jones, and Major, of the papers presented to Council from Col. Whichcote, Mr. Reading, and Fras. Younge, about Windsor Forest, to report. [¾ page. Also I. 75, p. 154.]
March 6. Council. Day's Proceedings.
2. The Committee on goods remaining unsold at Somerset House to hasten their report.
3. The Commissioners for Inspections to charge 1,000l. upon such Treasury as is convenient, to be paid to Gualter Frost for Council's contingencies.
4. Order—on Col. Montague's reporting the Protector's pleasure that John Archer, now prisoner in the Tower, should be set at liberty, on security to render himself 10 June next or on notice, security being already given,—that a warrant be issued to the Lieutenant of the Tower to liberate him.
5. Certain amendments to the Ordinance for the judges' salaries, [charging them on the Customs,] reported by Col. Jones from the Committee, read and agreed to. Approved 20 March.
8. The petition of Richard Makin, and Bathsua, his wife, referred to the Committee of Council to whom the business of the late King's goods at Somerset House stands referred, to report.
9. The salary for each of the three Admiralty Judges to be 500l. a year during the time of service, and the arrears to be speedily paid. The Inspection Commissioners to report out of what Treasury they may best be paid. Approved March 23.
10. The petition of Capt. Tobias Knowles referred to the Mint Committee, to report.
11. An Ordinance for passing bills for the custody of Idiots and Lunatics, signed by the Protector, twice read, somewhat amended, and agreed to. Approved 20 March.
12. The petition of Francis, Lord Willoughby of Parham, referred by the Protector to Council, referred to Rous, Mackworth, Montague, Jones, and Major, to report.
14. That of Col. Rosworme, engineer general, referred to Lambert, Skippon, Mackworth, and Jones, to report. [I. 75, pp. 152–154.]
March 7. 30. Petition of Rob. Inglish and Alex. Finlaw, merchants of London, to the Protector. On 8 March 1652–3, the late Council of State ordered a report to Parliament on a debt of their late Secretary, Gualter Frost, sen., of 4,490l. to us, due from him by law, but in right due from the State, but before the report was made, the House was dissolved.
On 29 June 1653, the next Council of State, on petition of Gualter Frost, jun., granted letters of indemnity therefrom, so that we cannot recover by law. We therefore beg payment. The debt has been due 11 years, and for want of it, we have suffered much disgrace and misery. With reference thereon to Council 3 March 1653–4. [1 sheet.]
March 7. Reference thereon by Council to Sir Gilb. Pickering, Col. Mackworth, and Mr. Rous, to report. [I. 75, p. 155.]
March 7. 31. Petition of Wm. Dolton to the Protector or Council, for allowance for searching out the person that left 2 children, which were taken up at Whitehall, whereby he freed the State of that charge at great pains, but had no allowance. With reference thereon to the President of the Council, 27 Feb. 1653–4. [1 page.]
March 7. 32. Reference thereon by Council to Mr. Jessop, to inquire into the petitioner's merit, and how the children are provided for, and to report. With note that the father is dead, but Dolton found the grandparents, who live in Whitechapel; one child is dead and the other put upon Whitechapel parish. [1 page. Also I. 75, p. 156.]
March 7. 33. Petition of Col. John Hewson, Governor of Dublin, to the Protector, for payment of 2,000l., his dear-earned wages for service in England, or for a proportion of land from Salcy Forest, co. Northampton. Has contracted a most dreadful distemper by his service in England and Ireland. Parliament having ordered the first payment of arrears to be for those who went to Ireland, refused 12s. in the pound offered him for his arrears. His troop of horse is now reduced, his pay as governor stopped by the Commissioners of Parliament in Ireland, and his other pay as colonel will not support him. With reference thereon to Council 1 March 1653–4. [1 page. Annexing,
33. i. Order in Parliament of 11 April 1649, alluded to. [1 page.]
March 7.
Whitehall.
34. Reference thereon by Council to Maj.-Gen. Lambert, Mr. Strickland, and Col. Jones, to report. [1 page. Also I. 75, p. 156.]
March 7. Council. Day's Proceedings.
4. An Ordinance for better keeping in repair the common highways read and committed to Rous, Mackworth, Jones, and Strickland.
5, 7. The petitions of Geo. Pickering, and of Col. John White, clerk of the Ordnance, referred to the Admiralty Commissioners, to report.
10. The petition of Thos. Ivie committed to Rous, Mackworth, and Pickering, to report.
11. The Committee of Adventurers for Ireland attended the Protector and Council.
12. Lambert, Sydenham and Montague to speak with Alderman Fowke, and Mr. Glapthorne, about putting the forest lands into the best way of improvement.
14. Alderman Fowke's petition to the Protector read. [I. 75, pp. 154–6.]
March 7.
Swiftsure, Ellen's Road.
35. Gens. Blake and Penn to the Admiralty Committee. By ours of the 4th, we find the treaty is still very uncertain, so that 1,000 soldiers are to go to Portsmouth to man the fleet if occasion be, which are too few; we desire that 500 or 1,000 more may be hastened to us. We have conferred with Mr. Willoughby as to bedding and clothes, and as Mr. Ridge, on whom you relied, cannot supply them, provision must be made elsewhere, or the soldiers will be rendered incapable of service.
We cannot employ Capt. Clarke as a master, there being no vacancy; we do not consider him competent for the Sovereign; she is waiting for her lower tier of ordnance, which we desire may be sent down. If your intelligence is true, we shall want her and many more great ships. Let the ships in the River be watched, and order the vessels plying in the Narrow to repair to the fleet, as their men are needed to man the Sovereign, upon which we very much depend. [1 page.]
March 7. 36. Copy of the above. [1 page.]
March 8. 37. Petition of Capt. Thos. Sydenham to the Protector. Large arrears were due to my brother, Major John Sydenham, slain in Scotland, for services in England and Ireland, to which I am legally entitled. I was never repaid money lent him to buy horses, &c., before going to Scotland, and all his papers were lost on his death. I attended Parliament two years thereon, and the Commissioners for Petitions ordered Carew Raleigh to report to Parliament that I should be satisfied out of Irish lands, but those lands were passed away before report was made. I beg satisfaction for these arrears, having myself faithfully served Parliament, and being much disabled by loss of blood. Also my brother, Major Francis Sydenham, was slain in the West, and his executors only received 80l. of his arrears. [1 sheet holograph signed.] (fn. 1)
March 8. Reference thereon to Lambert, Jones, Wolsley and Strickland, to report. [I. 75, p. 157.]
March 8. 38. Petition of Capt. Samson Towgood to the Protector. Has served in England and Ireland since 1642. Has been unable to procure the benefit of the order of Parliament that those who went over to Ireland with his Highness should have their arrears in England first satisfied. His arrears are large, and he has suffered much in both nations, by losses and imprisonment. Begs speedy satisfaction in money or lands, or a letter to the power in Ireland to appoint him some convenient land there for his arrears in England. With reference erased to the Irish and Scotch Committee, 25 Jan. 1653–4, and reference to Vincent Gookin, Ger. Bennett, and Major Edw. Horsman, 20 Feb. 1653–4. [1¼ sheet.] Annexing,
38. I. Report by the above that 529l. 19s. 3¾d. is due to the petitioner; that he served with signal valour and faithfulness, and has been wounded and imprisoned; that he is entitled to the benefit of the Act engaging priority of payment from escheated lands to the regiments that enengaged in the Irish service; and that he should have lands in the 4 counties of Dublin, &c. in full of his debts and merits. March 2, 1653–4. [1 sheet.]
March 8. Order thereon in Council, a verbal reference of the case being made by the Protector, that Lambert, Jones, Wolsley and Strickland consider the case, and report. [I. 75, p. 157.]
[March 8.] 39. Petition of Richard Childe, master, Wm. Fishman, part owner, mate, and pilot, and the mariners of the Peace of London, to the Protector. On a fishing voyage to Greenland, surprised the Frinte of Rotterdam, laden with lead, hemp, and oil for Rochelle, and brought her to England; but Hum. Beane and the rest of the freighters have obtained an order from the late Council of State [see 10 June 1653], whereby petitioners are deprived of any benefit of the prize, though the Court of Admiralty can show no precedent of freighters or merchants having an interest in such prizes, because if they are injured, the owners are bound to make good to them. Beg consideration of their pains and danger in taking the ship, and an order for the proportion allowed to Beane, to avoid a tedious suit in the Admiralty, which their employment in the service will not allow them to attend. With order by the Protector, 22 February 1653–4 that Council revoke the order of 10 June 1653, and distribute the prize amongst the master, seamen, and mariners. [1 page.] Annexing,
39. i. Certificate by Lancelot Russell and 14 others to the truth of the petition, and also that the merchants concerned were much profited by the voyage, Childe having killed three whales before the other ships came. [1 page, 12 signatures.]
March 8. Reference thereon by Council to Mackworth, Strickland, and Jones, to report. [I. 75, p. 157.]
March 8. 40, 41. Petition of many poor and aged people that were the late King's servants to the Protector, to take off the restraint in the Exchequer, that they may be paid their allowances, having received nothing for ¾ of a year, and wanting food and raiment. With reference of this and like petitions to Council, to consider a way for relieving them. 3 Feb. 1653–4. Also report thereon by Capt. Thos. Fauconberg, that 2 lists passed the Revenue Commissioners for payment of 6,000l. to the servants, some of whom had been at Oxford, and some here, and that 800l. was paid, but the lists are now of no force, and that 800l. more should be paid in fit proportions, and they told that there would be no further payments, so that they might not attend further. 27 Feb. 1653–4. [2 papers.]
March 8. Order thereon in Council accordingly. Approved 23 March. [I. 75. p. 158.]
March 8. Council. Day's Proceedings.
4. Order on Mr. Rous' report from the Committee on petition of Sarah Potter, that the business be recommitted to them.
5. Mr. Strickland to attend the Committee on the business of M. Augier, and they to hasten their report.
8. The papers of Col. John Lilburne and the examinations had thereon referred to Lambert, Pickering, and Mackworth, to send for such witnesses as they desire, and to report what they think fit to be done.
11. The petition of John White referred to Montague, Wolsley, and Sydenham, to send for such persons or papers as they shall require, and report. [I. 75, pp. 157–8.]
March 8. 42. Proposals delivered [by Mr. Whitwell] on the rules of the Committee of Council about the Greenland trade.
1. That in the quorum of seven of the committee, there should be one of each interest, unless those having notice neglect to appear.
2. That notice of those intending to ship to Greenland should be given in before 10 March.
3. That the Muscovy Company and Hull Adventurers should have 2/3 of this year's fishing, and Horth, Batson, and Whitwell the other ⅓.
4. That as the fishing season draws near, the names of the proposed committee be given in at Founders' hall next Thursday, and that they meet each Tuesday and Thursday. With request for protection from impress for the mariners and harpooners to be employed. [1 page.]
March 8. 43. Notes from the above, and order in the Council for Trade that the several interests send in persons, five at most for each, from whom Council will choose six, to put their resolves into form, and settle a Committee. [½ page.]
March 8.
Dublin.
44. Roger Jones to the Navy Commissioners. I am sorry the misinformation of a Papist should so much prejudice me as to make me thought a contemner of authority and a deceiver of the State, both of victuals and wages, when I detested complying with my purser, or any other to the State's disadvantage. I only saw Mr. Dermott once, and never saw any official warrant or order he had to muster. I saw a paper signed by Holland and Smith, but one has been long out of office, and none was produced from the present Government, or I would have observed it. I deny that I left my ship in danger in coming by land. [1 page.]
[March 9.] 45. Petition of the soapmakers of London and elsewhere to the Protector, for redress. Being under the burden of Excise, we have petitioned all the powers ruling this nation for redress, and have many promises of it, but find none. We have proposed one to the Commissioners for regulating the Excise, but having little hope but from you, we send it you, our oppressions being caused merely by inequality in the leviation of excise. 13 signatures. Noted as read with the Ordinance for Excise. [1 page.] Annexing,
45. i. Complaint of the soapmakers to the Excise Commissioners, that they pay 6d. in the pound on all materials imported. and 4s. 8d a barrel on soap made, though no excise is laid on other inland goods, and therefore many make it privately, and in the night, and thus escape the searchers, who come two or three times a day to the known traders. They beg that the excise may be on the materials only, increased to 4s. the cwt. on potashes, which would bring in 3,220l. a year; 2l. a tun on oil, 8,000l.; and 2l. a cwt. on tallow 400l., which would amount to more than the present excise on soap, prevent inconvenience, and be levied peaceably. [1 sheet.]
March 9. Council. Day's Proceedings.
1. Col. Mackworth to have the house in the Mews which Col. Hewson had, and Mr. Embree to put him in possession as soon as Hewson leaves.
3. The business touching Serjeant Glanvile recommended to the former Committee, to hear the Western gentlemen and Glanvile about the condemning of Turpin at Exeter, and to report. Cooper and Rous added to the Committee.
4. An Ordinance for continuing the Excise read the first and second time, and committed to the same Committee who brought it in, and ordered to be reported to-morrow morning, with the Ordinances for continuing the customs and the impositions upon coals.
5. The catechism by Mr. Bidle to be considered next Tuesday. [I. 75, p. 159.]
March 9.
London.
46. Édw. Whitwell to Wm. Jessop, Whitehall. I send you 4 names; Arnold Beake, Thos. Muschamp, John Warner, and Edw. Whitwell, in whom our friends are willing to confide. Also names of 21 persons of such consequence to the [Greenland] voyage that it would be overthrown without them; they should be saved from impress. Mr. Perkins has always been of the Muscovy company. [2/3 page.]
March 9. 47. Rich. Batson to Thos. Horth. Let Ald. Ashe know that I desire myself and Hum. Beane to be of the Committee. [Scrap.]
March 9. 48. List by Thos. Horth of adventurers for Greenland. Thos. Meadowes of Yarmouth, Major Robert Huntingdon, Thos Horth, sen., Thos. Horth, jun. [Scrap.]
March 9.
Whitehall.
49. Gen. Geo. Monck to the Navy Commissioners. I send extract of the Generals' letter of the 7th, that Mr. Ridge the slopseller cannot supply clothes and bedding for the soldiers, and you must send for him and quicken him to perform his promise or make some other provision. Send a warrant to the rulers of the Watermen's Company to impress 100 able seamen or watermen, and send 50 to the Torington and 50 to the Plymouth. [1 page.]
49. i. Extract from the Generals' letter of 7 March. [½ page, see p. 14 suprà.]
March 10. 50. Petition of Col. John Carter, Governor of Conway, to the Protector. On several emergencies, occasioned by insurrections of the malignant party, I, by order of Gen. Fairfax, disbursed money for victualling and repairing the fortifications of Conway garrison, in all 504l. 12s.; but the Army Commissioners require me to pay this money, saying they cannot allow it on my account; I beg its allowance out of moneys for the contingent charges of the army. With reference thereon to Council to find some speedy way for his reimbursement. 3 March 1653–4. [1 page.] Annexing,
50. i., ii. Account of Capt. Wm. Oakes' disbursements on Col. Carter's orders for Conway Castle, since 15 Jan. 1647–8, 562l. 2s.; on which 57l. 10s. being received for provisions delivered out to soldiers, leaves the balance 504l. 12s. Audited by Cols. Thos. Mason, and G. Twisleton, and Thos. Madrin, on an order from Gen. Cromwell, of 2 Dec. 1652, on 20 Feb. 1652–3. [2 copies.]
March 10. Reference thereon by Council to Mackworth, Jones, and Strickland. [I. 75, p. 160.]
March 10. 51. Petition of Ant. Jackson, prisoner in the Tower, to the Protector, for release, as granted to others in arms, on security not to act prejudicially. Was a servant only to the late young King of Scots, but never in arms, and was taken at the battle of Worcester, and kept ever since, having only charity to subsist on. Noted, "Herald that proclaimed C[harles] S[tuart]." With reference to Council to take fit security, 22 Feb. 1653–4. [1 page.]
March 10. Note of the reading of the petition in Council, but no order. [I. 75, p. 160. See 5 Feb. 1656.]
March 10. Council. Day's Proceedings.
3. The report made by Col. Jones on the petition of Lady Hungerford recommitted to Cooper, Strickland, Mackworth, and Jones, to state the interest of the 500l., and report.
8. The present report made by Mr. Secretary to Council, touching the business of Holland, put under secrecy.
9. The orders of 9 and 10 Feb. 1653–4 in the case of Edw. Backwell superseded; and as he has paid for lands in Hampton Court and Bushy 5,110l. 19s., and his Highness will allow him 1,100l. more for release thereof, on his signing the release, the Treasurers for sale of crown lands are to pay him 6,202l. 17s.
10. Order on report on the petition of Isaac Lyte [see 28 Feb., suprà] that he be at liberty to transport to Spain as many as he desires of the 6,000 swords, with Irish hilts and calf skin scabbards, which he contracted for, of which the Customs' Commissioners are to take note. The contract with the late Ordnance Committee for purchase of the swords to be discharged. Approved 23 March. Annexing,
52. i. Report alluded to, made on certificate that the contract was made for the swords at 4s. (sic) each, on assignation, but the consideration of it respited till the treasurers were consulted, and meanwhile the time of the Council expired. [¾ page.]
11. A draft of an answer to be given to the paper of M. Bonnel, presented by Mr. Secretary, read and agreed to.
12. Also a draft of an answer to the paper of the Hamburg agent, touching the comprehending of the Hanseatic towns in the treaty.
13. An Ordinance for continuation of an Act of Parliament, entitled an Act for the Continuation of the Customs until March 26, reported from the Committee for the Treasuries by Major-Gen. Lambert, twice read and agreed to. Approved 20 March.
14. Also an Ordinance for continuation of an Act for laying an Imposition upon Coals towards building and maintaining ships for guarding the seas. Approved 20 March.
15. Amendments to the Ordinance for continuing the Excise read, voted one by one, and agreed to.
16. Order that next Tuesday be a day for Committees, and that Council do not sit.
17. Order that no persons take away or embezzle any of the materials of Paul's Church, London, or of the scaffolds about it, or which are fallen down; the Lord Mayor and Justices of Peace of the City to take care that the same be preserved, and cause all offenders to be apprehended and punished.
18. 53. Alderman Fowke, George Glapthorne, Col. Webb, Mr. Cresset, and John Parker to consider how the business of the forests may be best improved for the benefit of the State, and to report. They are authorised to send for such persons and papers as they require.
19. Council adjourned till Monday. [I. 75, pp. 159–162.]
March 10. 54. Assignation by Edw. Marston, of Westminster, to Isaac Phillipps, merchant of London, on purchase, of an obligation in 1,000l., whereby Capts. Thos. Garnet and Wm. Gregory are bound to Marston to execute faithfully a commission of reprisal for the Grace of Feversham, and to give in accounts to Marston within 10 days after taking a prize; a quarter of the merchandize on board, and of all the moneys to be paid under the said obligation. [1 sheet.]
March 11.
Whitehall.
55. Robert Blackborne to the Navy Commissioners. The Admiralty Commissioners desire they will send word what has been done upon General Monck's letter as to providing bedding and clothes for the 1,000 soldiers sent to Portsmouth. [2/3 page.]
56. Nath. Manton to his cousin, Sec. Thurloe. According to your orders I have sent my servant for 68l., with receipted letter, I have told my brother Manton of his Highness' pleasure to hear him, and he will perform his duty whenever called, only he desires 3 days' notice. [¾ page.] Annexing,
56. i., ii. Receipts for 40l. and 28l., paid to Israel Bernhard, 2 Jan. and 17 Feb., at Rouen and Bourdeaux. [Scraps.]
March 13. 57. Petition of Theophilus, Earl of Lincoln, to the Protector, Tattenhall Castle, co. Lincoln, the house of my ancestors, was made a garrison for the late Parliament, and then demolished by order of the Council of State of 26 April 1649.
By Parliament order of 20 June 1649, it was referred to the Council of State whether I should be recompensed therefore, but the Parliament dissolved before report.
Recompense has been allowed in like cases to the Earl of Rutland, Lord Say, and the Countess of Kent, as appears by orders annexed, and I beg like reparation. Noted as brought in by Sir C. Wolsley, on a reference from his Highness. [1 page. Annexing,
57. i. Orders of the Council of State of 26 April, 21 Aug., and 17 Nov. 1649, for the demolition of the castle. [1 page.]
57. ii. Parliament order, on report from the Council of State, that the Earl of Lincoln should be recompensed as the Earl of Rutland had been, referring it to the said Council to see what should be done. 20 June 1649. [2/3 page, printed in Commons' Journal, Vol. VI., p. 238.]
57. iii. Parliament order allowing the Earl of Rutland 1,500l. for demolition of Belvoir Castle. 11 June 1649. [2/3 page, Commons' Journal, Vol. VI., p. 228.]
57. iv. Like order allowing William Viscount Say and Seele 2,000l. for Banbury Castle. 14 June 1648. [1¾ pages, Commons' Journal, Vol. VI., p. 598.]
57. v. Like order allowing the Countess of Kent 1,000l. for Goodrich Castle. 14 Sept 1649. [1 page, Commons' Journal, Vol. VI., p. 295.]
March 13. Order on question on the petition that it be not committed, but referred to the pleasure of the next Parliament. [I. 75, p. 163.]
[March 13.] Papers presented to the Committee of Posts—
58, 59. State of the case in reference to the claim of Sir David Watkins, Mr. Witherings, and others, to the foreign post office, during the life of Wm. Frizel, who is certified under the town seal of Antwerp to be alive there in Jan. 1652–3. This report was made to the Council of State, reported to Parliament, and delivered in to the Committee by Watkins, 3 Feb. 1653–4. It contains an abstract of the several grants and orders from 15 March, 1 Charles, to 16 Feb. 1649–50. [2 copies.]
March 13. 60. Like document, but carrying down the proceedings to 30 Jan. 1653–4. [12/3 sheets.]
March 13. 61. The case as above, noting that Frizel was alive 27 Aug. 1653. Objection: that the office should be in the disposal of the State. Answer: that the Council of State had referred Witherings' claim to a Committee, who pronounced it good, but Parliament was dissolved before it was reported. [1 sheet, printed.]
[March 13.] 62. Hen. Robinson to Sir Ant. Ash. Cooper. I find, by patents enrolled according to the enclosed pamphlet, that the office of controller of the posts, to which both the letter offices were incident, was granted to certain persons, and the validity can no more be questioned than any other title to office. By conveyances it has come to me, but being kept from it by prevalence of those in power. I have for 3 or 4 years past tried to entitle the State thereto, finding the nation oppressed, correspondence and traffic obstructed by the high rates of postage, and Witherings, who held the foreign office, a delinquent; but I could not prevail till last April, when the Council of State took both the offices into their own hands, and farmed them.
When the Commissioners for frauds and discoveries were appointed, I applied to them, and tried to make out that the past profits of the office are as much due to the State as the growing profits which they have taken. Then those gentlemen applied to the Protector, hoping to get an order from him without notice to me, but he referred the case to you.
This pamphlet was printed in the beginning of the Long Parliament, for their information, but nothing could then prevail against the power of the Earl of Warwick, who doubtless had a moiety settled on him to protect Witherings' broken title.
You see that, as I have surrendered the right I derived from Lord Stanhope, the State can dispose of the offices. You seem to think patents might be blasted as monopolies, but this could not be, for the trust and power of laying post stages could not be prostituted to the generality, for fear of conveying intelligence or enemies without control. No man can carry letters unless he can settle post stages and postmasters. The undertakers cannot complain, because in 1649, Parliament voted the offices to be in the State, and ordered their disposal to the best advantage, though private interest long obstructed it.—10 Feb. 1653–4. [2¾ pages.] Annexing,
62. i. Note of the patents, 22 Eliz., to 1640, by which Lord Stanhope claimed the office of Master of the Posts, and of other proceedings thereon, Lord Stanhope begging restoration to the office, which has been witheld from him 16 years. 10 Feb. 1653–4. [1 sheet.]
[March 13.] 63. Statement of the derivation of Hen. Robinson's title to the office, by deputation from Charles Lord Stanhope, 25 Sept. 1635, to Endymion and George Porter, and from them to him, 1 March 1641–2. 10 Feb. 1653–4. [1 page.]
[March 13.] 64. Notes sent to the Committee for Posts of the said grants on behalf of Lord Stanhope. 10 Feb. 1653–4. [1 sheet.]
March 13. 65. The case of the first undertakers for reducing letters to half the former rates, viz., Clem. Oxenbridge, Rich. Blackwall, Fra. Thomson, and Wm. Malyn.
We observed that the postage of inland letters was long continued at 6d. a letter, and that the whole benefit went into one hand, to the grievance of many. Being encouraged by the votes of the late Parliament (made in the time of their primitive, free, and public actings, viz., 16 Aug. 1642), that the taking of letters from, and the restraints and imprisonments of Grover, Chapman, Cotton, and Mackedral, were against law and the liberty of the subject, and that they ought to have reparation and damages from Sir John Coke and Sir Francis Windebank, then Secretaries of State, and Mr. Witherings, and that the said secretaries and Witherings were delinquents, being also encouraged by the opinion of the judges given in the House of Lords, in the case of the Earl of Warwick and Mr. Witherings, 9 July 1646, that the clause in Witherings' patent for restraint of carrying letters was void and against law,—we attempted to put the same in practice, but through the interest of Mr. Prideaux, who for many years had enjoyed excessive gains by the former high rates, we met with all the obstruction he could make against us, by stopping our mails, abusing our servants, &c., though he had always held forth that it was free for any to carry or send letters as they pleased.
The late Parliament referred it to the Council of State to consider how the postage of inland and foreign letters might be best managed, and they referred it to the Scotch and Irish Committee, who prefixed a day for persons to give in their offers to the Committee, sealed up as at a public box, where we outbid all others 2,000l. a year; only it was objected against us that we had a caution in our offer that the money might be employed for the relief of the poor and maimed soldiers, which we did out of tenderness to liberty, and to prevent the scandal of a monopoly. Though the Committee's proceedings were reported to the Council of State, yet through the prevalence of Mr. Prideaux and his party, we could never obtain a resolution of the Council of State, nor have the case reported to Parliament; but by the subtle wiles of Mr. Prideaux, a mock motion was made in the late Parliament, of offering 40,000l. for the grant of the said offices for 21 years, at the old rates, thereby to obtain a second reference to the Council of State, of set design to weary us out.
Notwithstanding this, we prosecuted our undertaking, publishing to all persons to carry letters at half the former rates, and to have returns three times weekly, which Mr. Prideaux perceiving, he published to carry at the same rates and times. This not availing according to his expectation, most people being sensible that their benefit came by us, his agents renewed their affronts to ours upon the roads, and one of them, as he was riding with the mail, was murdered, and thrown into a river, near to the place where a son of one of the old postmasters assaulted another of our servants with a drawn sword.
These practices not accomplishing his aim, an order from the Council of State was procured, not to stop us or our mails, that being too apparently illegal, but in such doubtful terms as might affright the weak from sending their letters to us. Libels also were posted up and down the city by him or his agents, signifying that our mails should be stopped, but his go free. This project failing, Mr. Prideaux, out of a hypocritical pretence of keeping the Sabbath day, by his own warrant commanded his postmasters to require the justices of peace in the several counties to stop our mails on the Sabbath, whereas his own went free. Through this cunning practice, he put us to extraordinary charges by servants and horses. Notwithstanding which we persisted in our undertaking, and whilst we were labouring amidst these difficulties, it pleased God to devolve authority on such worthy persons as had from the beginning countenanced us in our work; who, in their first entrance on their management of public affairs, entrusted us with their ordinary and extraordinary despatches, which so daunted our antagonist that he deserted the business.
We continued to perform the service of the State freely, fulfilling all things concerning the postage of inland letters; we reduced the same into one channel, and entertained as many of the old postmasters as were honest and well-affected, according to direction of the Council of State (which constrained us to lay aside divers of those honest persons ready to assist us in carrying on so good a work); took the old posthouse in London, where 3 days a week the State and all persons were accommodated; provided packet boats for Ireland, and were in forwardness to settle stages between London and Yarmouth, and other stages desired by the Council of State in their order of 7 May [1653]; when on a sudden, a reference was made from the Council of State to Col. Rich and other officers, to consider of the management of the postage of Inland and Foreign letters. They, notwithstanding all we could allege to the contrary, appointed a day when they would expose the same to be farmed by such as would give most, although we acquainted them with the aforesaid vote, the Judges' opinion, and that it would dissatisfy the people to put such an imposition on them, and urged further, that if they resolved the same should be let to farm, we in justice ought to be preferred. Rather than suffer the management to be put into the hands of such as might rack and exact upon the people, an offer was made by Ben. Andrews, a person interested with us, of 9,100l. a year, 800l. more than was offered by [John] Manley, the present farmer thereof; yet. Col. Rich suffered Manley to take advantage of an offer of 10,100l. a year made by a paper put in in the name of one Kendal (then absent and not privy thereto), although our offer of 9,100l., with our disbursements, would have been of more advantage for the State.
Col. Rich so eagerly prosecuted the said business that he presented a report to the Council within two days, which was before we could be heard, but being that instant called in by Council to know what we had to offer, we desired our papers formerly presented to be read; which being granted, Major Gen. Lambert declared that the intention of Council was that we should have the refusal before any other, and if any offered more than we were willing to give, that we should be reimbursed our expenses, We rendered our thanks, and told the Council that if (for reasons which we could not discern) it should be judged lawful to set the postages to farm, we desired no further favour than to have the refusal, and time to make it out that we had bid most, our disbursements considered.
After we were withdrawn, Col. Rich, after private conference with a member of Council, so represented the business that an order within half an hour was passed by Council immediately to invest Manley with the management of the inland and foreign letters. He, that very night, without further warning, demanded the letters which we had received, and the profits of the letters then brought to us by our own servants, at our own charges.
With much persuasion, we prevailed with Manley that the money should be deposited into a clerk's hand intrusted by him, till the pleasure of Council were known; yet before that could be obtained, Manley, with some old clerks and postmasters of Mr. Prideaux's company, violently with swords broke into our house, where our letters and goods were, thrust out our servants, and by force kept possession. The same night Manley and others violently broke into the dwelling house of some of us in Wood Street, demanded the letters there, and would by force have broken into the room were some of us were, had we not by main strength kept the door against them, and he, with threatening speeches, required us not to receive any more letters. On complaint to Col. Rich, he, with rough words, commanded us not to meddle with receiving or sending any more letters, declaring that such was the sense of the Council's order, and that if we persisted, those of us who had any employment under the State should be turned out, and soldiers should be sent to our houses, to stop persons bringing any letters to us. From real tenderness to the present posture of public affairs in that juncture of time, we forbore contest, in expectation of justice from the supreme authority, rather than occasion disturbance.
Since then we have often attended Col. Rich and the other officers appointed by Council to adjust the accounts of our disbursements, which amount to 4,000l., yet cannot prevail with them to do anything. We doubt not, when the truth of the premises shall appear, we shall receive such justice from this Parliament as shall be an encouragement to us and all and other public-spirited persons. Annexing,
65. i. Order in Parliament of 16 August 1642. alluded to, on Mr. Ellis's report from the Committee to whom the business of the Letter Office was referred—that the sequestration of the Inland Letter Office to Philip Burlamachy is illegal and void, and ought to be taken off, and that Mr. Burlamachy and his deputy shall forthwith bring in an account of the profit of the office received by him since the sequestration, to the Committee of Accounts.
That the proclamation in pursuance of the sequestration is illegal and void.
Upon Mr. Prideaux's report from the Committee for the Postmasters, it was resolved: That the taking of several letters from the carriers, and the imprisonment of Grover, Chapman, Cotton, and Mackedral is against the law, liberty, and freedom of the subject. That the several persons ought to have reparation from Sir John Coke, Sir Francis Windebank, the Secretaries of State, and Mr. Witherings, that the said persons are all delinquents. [3 pages, printed.]
[March 13.] 66, 67, 68. Breviate of the above case, stating the undertakers' disbursements at 3,238l. 16s. 3d., whereby their offer is really 1,938l. 16s. 3d. more than Manley's, 500l. being abated in his first payment. [3 copies.]
[March 13.] 69. Notes on the above case in the Committee for Posts, stating the grounds of their claim. As their engaging in the matter was not on the State's account, but in an endeavour to take away the State's interest, they have no right to claim any recompense for disbursements, and the Irish and Scotch Committee had power to report, but not to contract. 10 Feb. 1653–4. [¾ page.]
[March 13.] 70. Petition of John Hunt, Mayor, and the burgesses, and inhabitants of Thetford, Norfolk, to the Protector and Council. We have for years past employed a faithful messenger, Nich. Reader, to carry our letters, &c. to London, and used him for bringing down commissions, making affidavits, &c., in which we could not with confidence employ a stranger; his obstruction will ruin him, hinder trade, and be resented as a monopoly. We beg his liberation from imprisonment, and leave to proceed quietly as before. 145 signatures. [1 sheet, damaged.]
[March 13.] 71. Petition of John Mann, Mayor, and 22 aldermen and inhabitants of Norwich, to the Protector. Having much commerce with London, we have always employed a faithful and careful messenger to carry letters, bills of exchange, &c., but he has lately been molested by John Manley, whose agents have not only rifled and detained our letters and goods, but charged more than double price for small parcels of ware, which is a greater burden to many of us than the monthly assessments. Also as Manley does not go through from hence to London, we are deprived of returning commissions and affidavits, to our great prejudice. Also Nich. Reader has been imprisoned since 14 Oct. last, on a warrant of contempt, procured by Manley for not appearing before the late Council of State, though we can prove that he had but 24 hours' notice, and the distance is 100 miles.
Having bought our liberties at vast expense of blood and treasure, we hope not again to be troubled with distasteful monopolies, but to have liberty to convey our letters freely. With reference thereon, 3 March 1653–4, to the Committee on the posts. 23 signatures. [1 sheet.]
[March 13.] 72. Copy of the above, said to be subscribed by 700 or 800 of the chief inhabitants.[1 page.] Annexing,
72. i. 3 sheets containing about 700 signatures, probably belongto the above petition, but not found with it.
[March 13.] 73. Another copy of the above, [1 sheet, much damaged.]
[March 13.] 74. Report, by Sir G. Pickering, of the Committee of Council on the Posts on the above documents. As to the claim of Watkins and Witherings, their charge in settling the office was compensated by their many years' profits. Considering the importance of the trust, the State ought to be at liberty to choose their own officers, as frequently done in offices held by patent under the late King. No rent being reserved thereon, the State should improve just advantages. The sequestration was pronounced illegal, it is true, but the State's right to change its officers cannot be debarred.
Lord Stanhope's grant was surrendered 13 Charles by Charles Lord Stanhope; it has been said that the surrender was unduly procured, and was illegal, but as the patent was delivered to Att. Gen. Bankes, with direction for vacating the record, the proceeding should not be questioned. Hen. Robinson's claim is only by deputation from Lord Stanhope, and is involved in his surrender, and Robinson so questioned the validity of his own title that, in Dec. 1650, he accepted Lord Stanhope's right to prosecute the title in his name, receiving half the profits.
The first undertakers urge that if to their offer of 9,100l. were added half of their disbursements of 3,238l. 16s. 3d., it would exceed by 719l. 8s. 1d. the 10,000l. a year offered by Manley, to whom 500l. was abated.
Also that Manley had really only offered 8,300l., but took the benefit of the offer of Kendal, who was not present.
They will accept the inland postage on such terms as his Highness and Council think fit. They claim nothing by any act of State. The rate offered at the first bidding was never reported to Parliament, on whose confirmation it depended. The highest offer on the last bidding was owned by Manley, though tendered by another, and so accepted by the Committee. The State, not having engaged the undertakers, is not obliged to satisfy their surplusage of disbursements.
Opinion that as, before the last change of government, the rent reserved on the post office was 10,000l. a year, Manley's contract should remain undisturbed, but that the undertakers' disbursements should be adjusted, and a debate had whether any part of them ought to be allowed. [6 pages.]
March 13. Order in Council on the above report and the respective claims of Watkins, Wm. Witherings and others, Lord Stanhope, and Henry Robinson, and the first undertakers for reducing the postage of inland letters to half their former rates; and on consideration of a verbal report of the petitions of the city of Norwich, and town of Thetford.
That the contract made by the late Council of State, in the interval of Parliament, with John Manley for farming the Inland and Foreign Letter Offices, at the rent of 10,000l. per annum for 2 years, be confirmed.
That the disbursements of the first undertakers over and above what they raised be adjusted.
That the adjusting thereof, and the consideration whether any and what part of the overplus disbursements will be allowed by the State, be referred back to the said Committee.
That the Ordinance for confirming Mr. Manley's contract be prepared, and presented to Council at their next meeting. Approved 23 March. [I. 75, p. 165.]
March 13. 75, 76. Petition of divers inhabitants of Hambleton, co. Rutland, to the Protector and Council. Through the oppression of Col. Thos. Waite, by enclosing the town, and taking away the best of our lands (contrary to his promise, when we signed a petition to the Trustees for Sale of Delinquents' Estates, that he might purchase the town) we were obliged, at great expense, to come up to town and petition the late Council of State. They referred us to Parliament, who appointed a Committee to examine the case, and Col. Waite offered an agreement which, for peace's sake, we accepted. But Parliament dissolving, he refuses to make it good, intending to prevent us by poverty from helping ourselves, so that we shall be ruined, and the town depopulated. Col. Waite promised not to enclose the lands, nor to take anything from us, but to grant us leases for 21 years. We beg that he may make good his agreement, and that we may re-enter our lands, and be paid our unsupportable costs and damages by reason of his unjust enclosure. [1 page. 2 copies.]
March 13. Order thereon that Col. Waite attend Council on the 28th instant. [I. 75, p. 165.]
March 13. Council. Day's Proceedings.
1. Order on report on Wm. Wright's petition [see 3 March 1654] that 52l. 10s. be paid for Lord Ireton's tomb from Council's contingencies, viz., 20l. to the petitioner and 32l. 10l. to Hugh Peters, in deposit till the tomb is set up; and that a warrant issue to Frost accordingly. Approved 23 March.
2. Order on report on Edm. Manning's petition [see 3 March, suprà], allowing him liberty to import 50 tons of whale fins. The officers of Customs to take notice. Approved 23 March.
4. An Ordinance for trial of public preachers and lecturers read twice, and committed to Rous, Pickering, Mackworth, and Sydenham, who brought it in. Lisle, Wolsley, and Cooper added to the Committee, and to report to Council next Wednesday.
5. The burgesses and assistants of Westminster attending Council were called in, and presented a petition and proposals which were read, and committed to Strickland, Mackworth, Rous, Pickering, Jones, and Major, to report.
6. An Ordinance reported by Col. Mackworth for repealing divers clauses and penalties in an Act of the late Parliament, entitled an Act for Accounts and Public Debts, read and agreed to.
7. Order on Mr. Rous' report from the Committee of Council on the petition of Capt. Jos. Smith, and in consideration of his maims and wounds received in the service, that his pension be made up 20s. a week, and that the Treasurer at Ely House pay him the same, any orders to the contrary notwithstanding. Approved 23 March.
8. The petition of Capt. Giles Horsington, and Jeremy Bodley, for themselves and the surveyors, clerks, and messengers of the Drury House Trustees, committed to Strickland, Major, and Rous, to report.
12. The draft of a commission for constituting Commissioners to treat with the Ambassadors Extraordinary from the States' General of the United Provinces read, and to be offered to the Protector.
13. The petition of William Earl of Bedford's adventurers, and participants in draining the great level of the Fens referred to the Committee to whom Sir Wm. Killigrew's petition was referred, to report. Lisle, Strickland, and Rous added to the Committee.
14. Secretary Thurloe signifies that Capt. John Coppin, having petitioned for an allowance in respect of wounds received in the State's service, the Protector is pleased to allow him a prize ship, the Raynden, now at Rye, certified by the Prize Goods' Commissioners to be appraised at 265l., he only paying 100l. for the same, and requests Council's concurrence. Order that the ship with its tackle be delivered him, on his paying the above sum to the Collectors for Prize Goods.
15. 77. Order,—on Col. Jones' report from the Admiralty Commissioners, that the Peter of Rotterdam, mentioned in a petition of Anthonio Fernandez Caravajal to the late Council of State, was taken prize by some commonwealth ships, and in a suit in the Admiralty Court was adjudged to be released, and that it is informed by the Navy Commissioners that she is not fit for the public service,—that the Peter be restored to her proprietors, with the furniture and stores specified in the inventory annexed to the report. The Admiralty Judges and Navy Commissioners to take notice hereof. Approved 23 March. Annexing,
77. i. Appraisement of the said ship, &c., total, 1,195l. 31 March. 1654. [1 page.]
18. Order, on Col. Jones' report of the case of the Cheshire gentlemen engaged for payment of moneys that were taken up for Parliament,—being by an order of Parliament of July 16,1648 ascertained at 751l. 1s. and 2,145l. 18s. 4d., making in all 2,896l. 19s. 4d.,—that the said sum, with interest since July 16, 1652, be paid out of estates of persons guilty of delinquency since 1648, to be discovered by the said gentlemen within 6 days. Approved 23 March. [I. 75, pp. 163–6.]
March 13.
Leghorn.
78. Charles Longland to the Admiralty Committee, The Dutch men-of-war here are all discharged out of pay and service, as also those at Toulon, so that the seas are now clear, but the French have begun their old trade again, having taken 2 or 3 ships of this place, an Englishman from Zante with currants, and another, after 5 hours' fighting, putting all the men to the sword. I hope the Lord will move his Highness and Council to revenge this cruelty, and the many damages that nation has done us, and beseech you to lend a helping hand; for although it should be true that the peace is made with Holland, yet 3 of the French ships do more mischief in these seas than 20 Dutch, and having got the sweets of thieving, to our nation's cost, they will not leave it except beaten and compelled thereto. With copy of the letter of 20 Feb. [1½ pages.]
March 13.
Little Britain.
79. Commissioners for Sick and Wounded to the Admiralty Commmittee. On your order of 17 Jan. we examined the account of Robert Shaw and Rich. Duckingfield, the surgeons who attended the sick and wounded sent to Great Yarmouth, which was audited by Messrs. Ashby and Preston, the bailiffs there, and recommend that 35l., or 5s. per day for 140 days, be paid to Shaw, and a gratuity of 15l. to Duckingfield, who receives the State's pay as surgeon's mate. [2/3 page.] Annexing,
79. i. Order of the Admiralty Commissioners to the Navy Commissioners for its payment, 14 March 1653–4. [2/3 page.]
March 13.
Little Britain.
80. Commissioners for Sick and Wounded to the Admiralty Committee. We have perused the Dover accounts of disbursements for sick and wounded, amounting to 1,227l. 16s. 5d., but not above a 6th part has been expended in diet, lodging, and attendance upon those poor creatures; and as the allowance is only 1s. a day to the English and 6d. a day to the Dutch, which amounts to 202l., there has been above 1,020l. expended in charges, a list of which we enclose, with our opinions on their extravagance, and the prejudice to the State in some particulars. They have received 400l. but demand 827l. 16s. 5d. more. [2/3 page.]
March 14.
The Swiftsure, Ellen's Road.
81. Gens. Blake and Penn to the Admiralty Committee. We will think of one or more vessels to ply about to secure trade near Lundy, but it is one part of the station where the Irish squadron ought to ply.
We have received and distributed 400 of the soldiers lately sent, but suspend the rest till we hear further; pray order some beds to be hastened down, as also the ships in the River and in the Narrow, in order to a conjunction. The Sovereign has gone into Stokes Bay to be fitted. [1 page.]
March 14. 82. Warrant by the Commissioners for inspecting the Treasuries to the Treasurers-at-war, to pay 4841l. 12s. to Rich. Hutchinson, Navy Treasurer, to be issued on warrants from the Admiralty Committee. Receipted 16 March. [1½ pages.]
March 14. 83. Like warrant to pay to Hutchinson 1,532l. 19s. 7d. to be issued on like warrants. Receipted 16 March. [1½ pages.]
March 15. Council. Day's Proceedings.
1. Order on Maj.-Gen. Desborow's report from the Admiralty Commissioners of an Ordinance to continue the Act for impressing seamen, that the time for continuance of this Ordinance be Nov. 1, 1654; the Ordinance so amended agreed to.
2. Also an Ordinance, reported by Col. Mackworth, appointing Commissioners for approbation of public preachers.
3. The petition of Thos. Kendall to be considered to-morrow.
4. Order on a letter from the Mayor of Lancaster to Maj.-Gen. Lambert, importing the stay of M. Hipolito Gabriel in his way to Scotland, that a clerk of Council write to the Mayor that Council is pleased to let Gabriel go, he being employed to Scotland with the Protector and Council's allowance.
6. Cooper, Pickering, and Wolsley to draw up the case of the Earl of Lincoln, on the petition lately referred by Council to the pleasure of the next Parliament. [I. 75, pp. 166–7.]
March 15. 84. Order in the Committee for Greenland, on presentation of names of persons to attend this Committee, that Fras. Ashe, John Dickons, and Hugh Norris attend for the Muscovy Company; for Edw. Whitwell and co., John Warner, and Edw. Whitwell; for Thos. Horth, and co., Thos. Horth, sen., and for Rich. Perkins, Fras. Pargiter. [Draft, 1 page.] Annexing,
84. i. List of names presented by the Muscovy Company for their committee, viz., Ashe, Dickons, and Norris, Steven Whyte, and Phil. Colley. [Scrap.]
84. ii. Note by Rich. Hawkins of names drawn by the Hull Adventurers for their committee, viz.: Roger Drayton, John Jolliffe, Geo. Poyner, Fras. Pargiter, Rob. Cumminge. [Scrap.]
March 15. 85., with orders to them to attend on Friday, and note of Hum. Beane and Rich. Batson to attend for Mr. Batson and co. [1 page.]
March 16. 86. Petition of Anne Countess of Lauderdale to the Protector. By my marriage contract, I had, under the Great Seal of Scotland, a life-rent in Bruntstaine and other lands, with proviso that I should receive the rents from the tenants in my husband's lifetime, and that neither he nor his creditors should have any right therein. Yet the sequestration commissioners at Leith, before whom I have sued for them, detain them, on pretence of a grant thereof by the commissioner at Dalkeith to the laird of Swinton. According to the laws of Scotland, no forfeiture pronounced against my husband could debar my right, yet the Leith Commissioners say they have no power to grant liferents to the wives of sequestered persons, nor even to discuss such matters, and refer me to you. Pray consider my deplorable condition, and restore my life rents. With reference thereon to Council. [1 page.] Annexing,
86. i. Case of the Countess of Lauderdale, proving that by marriage contract in 1632, the rents were settled on the lady Anne Hume for life, and were not to fall to John Lord Maitland, her future spouse, nor to become forfeit by any default of his. This charter was not to husband and wife or the survivor, but first to the wife, and then to the husband. [1¼ pages.]
March 16. Reference thereon by Council to the Commissioners for Scotland, to report. [I. 75, p. 169.]
March 16. 87. Petition of Thos. Kendall, merchant, to the Protector, Last December I freighted the St. Lewis, belonging to Capt. Rob. Michael of Dieppe, for Barbadoes, by leave of the governor. It was twice in danger of being taken, once by the Dutch, and once by a privateer of Charles Stuart, but Michael would rather sink than yield, and by his courage and faithfulness, preserved the goods. He has also, from affection to this nation and the Protestant religion, often helped the English in Barbadoes, yet his ship in returning was taken by Capt. Bourne, and brought into Portsmouth. I beg release for the ship and goods, which will encourage well wishers to this nation. [1 page.] Annexing,
87. i. Certificate of Tho. Briggs and 5 others of Barbadoes to the kindness shown by Michael to the English there, particularly in defending an English vessel on the coast when set upon by a French man-of-war; also that he is a Protestant and deserves favour in England. 1 March 1653–4. [1 page.]
March 16. 88. Reference thereon to Maj.-Gen. Lambert, Sir Gilb. Pickering, Col. Jones, and Col. Mackworth, to report. [½ page. Also I. 75, p. 170.]
March 16. Council. Day's Proceedings.
1. The consideration of the Act for the relief of creditors and poor prisoners, and the observations made thereupon referred to the Commissioners named by the Protector to consider the regulation of the law.
2. The Mews, with all the lodgings, rooms and stables there, other than the barn now used for the horseguard, to be cleared for the Protector's use; Mr. Embree, the surveyor, to see that the stables be cleared forthwith, and the rooms and lodgings within a fortnight; and also to take the several keys of the stables, rooms, and lodgings, and deliver them to Mr. Cleypoole.
3. An Ordinance reported by Lambert from the Committee, for an imposition of 4d. Scottish upon every Scottish pint of ale and beer in Edinburgh, amended, read, and agreed to. Approved 23 March. Also an Ordinance for the disposition of the confiscated lands in Scotland.
4. The house at Hampton Court, with the park, and all the lodges, stables, and outhouses, and the houses in the park to be forthwith cleared for the Protector's use, and Mr. Embree to see this put in speedy execution. All persons concerned to take notice and conform.
5. The petition of Dan. Hutchinson, Alderman of Dublin, committed to Lambert, Wolsley, Lisle, Jones, and Rous, to report.
6. Order on petition of the inhabitants of North Bradley, co. Wilts, that Wm. Crabbe have liberty to preach in the public meeting place or parish church of North Bradley at 4 p.m. every Sunday, and on any other week day; all persons concerned to let him do it without disturbance.
7. Order on Col. Jones' report from the Mint Committee, that the several petitions and proposals concerning farthings be laid aside.
9. 89. Order on report from the Admiralty Judges, and 2 certificates concerning bales of linen, and bags of wheat laden on the 3 Kings of Hamburg at St. Malo, France, by Hen. Wilkins and John Denholmes for Spain, but the ship was taken by the Sapphire, and employed in the service,—that the Admiralty Judges determine the case. Approved 23 March. Annexing,
89. i., Report of the Admiralty Judges alluded to, showing that the ship, being with 7 other French ships, was taken in fight by the Sapphire, at which she shot by order of the French Admiral, who threatened else to sink the ship, but purposely shot too low to hurt her. 24 Jan. 1653–4. [3 pages.]
89. ii. Certificate by Wm. Lockhart and 3 others, that Wilkins and Denholmes are Scotchmen born, but have lived abroad during the late troubles, and not acted against the State. London, 12 Jan. 1653–4. [2/3 page.]
89. iii. Like certificate by Ninian Williamson and 9 other merchants of London. 16 Jan. 1653–4. [¾ page.]
89. iv. C. Harvey to Mr. Jessop. His Highness wishes you to refer to Council a report lying in your hands about a ship brought in prize to Plymouth, in which Wilkins and Denholme, merchants of Edinborough, had some goods. Cockpit, 7 March 1653–4. [½ page.]
March 16. 10. Col. Mackworth's report from the Committee on the petition of Richard Child, master of the Peace of London, and of Wm. Fishman, part owner, master, and pilot, for themselves and the mariners, referred to the Admiralty Judges, to hear the matter in difference, and to decide quickly what part of the ship belongs to the petitioners, and give order for their receipt thereof.
12. Col. Jones' report from the Committee on Col. John Carter's petition referred to the Army Committee, to appoint fit persons, and by such rules as they shall direct, to examine and state Carter's account of disbursements about Conway garrison, and on the return of the account, to report. Annexing,
90. i. Report alluded to. 14 March 1653–4. [1 page.]
13. The petition of Capt. Peter Backhouse committed to Pickering, Cooper, Mackworth, Strickland, Wolsley, and Mackworth, to report.
16. Order on report from the Committee on Capt. Thos. Sydenham's petition, that 600l. should be ordered him in full of all demands, to be settled where it shall not be burdensome on the Treasuries, and that the Revenue Committee should give him such employment as he is most capable of—that the former Committee consider where the 600l. can be best charged, and recommend him to the Revenue Committee.
17. The Committee that brought in the late Ordinance for approbation of preachers to prepare an Ordinance for conveniently settling such donatives as are not provided for in the late Ordinance.
18. The duplicate of a letter, dated Feb. 17 last, to the Commissioners for disposing the proceeds of Lichfield Cathedral, signed and directed to them.
22. Order on Lambert's report from the Committee on Col. John Hewson's petition, that for his arrears of pay for service under the Earls of Essex and Manchester, and Lord Fairfax, and for satisfaction of the debentures mentioned in the said report, he be allowed 2,134l. 16s. 3d., and that the same Committee consider the best means of payment thereof, and report. Approved 23 March. Annexing,
91. i. Report of the said Commissioners alluded to. 14 March 1653–4. [2/3 page.]
91. ii. Report that the money had best be charged on the Prize Office for payment. 22 March 1653–4 [½ page.]
91. iii. iv. Two sheets of draft notes relating thereto. [½ page and 1 page.]
23. Order on report from the Committee on Col. John Lilburne's papers and examinations, that he be removed from the Tower to the Isle of Jersey, and confined in the Castle of Orgueil. Approved 23 March. [I. 75, pp. 167–171.]
March 16. 92, 93. Report to the Protector on several references on petitions of John Edisbury and Rees Vaughan, about the office of prothonotary in cos. Montgomery and Denbigh. Henry VIII. appointed 4 prothonotaries for Wales, one of whom was to serve for those counties and Flint, and a reversion of the office was granted 11 Charles to Kenrith Eyton, and 12 Charles to Rich. Lloyd and John Edisbury, in reversion after Eyton and Sir Peter Mutton. Eyton forfeited his interest in the office in 1643 by delinquency, and in March 1646, Parliament granted it to John Glynn, recorder of London, taking no note of the reversion. But as no member of the House was to receive any profit of offices, and as Rich. Lloyd, the copatentee was also a delinquent, Edisbury was admitted to the office in 1647 by Serjeant Bradshaw, Chief Justice of Chester, and held it till 1653, when on 29 June he was suspended by Council, and Rees Vaughan admitted. By orders of 27 July, and 10, and 18 August 1653, Vaughan is established in office, and ordered to have the books, and articles against Edisbury were referred to the Indemnity Committee; last assizes Vaughan was sworn in, but there is as yet no judgment on the articles against Edisbury.
We think that, Vaughan's objections notwithstanding, the grant to Lloyd and Edisbury is good, there being no negative words in Hen. VIII.'s grant against two prothonotaries. This was ruled by the Judges in the case of Goodman, prothonotary in North Wales, and the grant being conjunctim et divisim, Edisbury should hold it alone, as Lloyd is a delinquent, the rather that by order of 25 Dec. 1643, all offices of those going to the King were pronounced void as if they were dead. The grant to Glynn proves that the office was deemed void by delinquency. Edisbury, having a patent, should not have been removed without legal proceeding, and therefore should be restored by order of Council. If he is or should be disabled by delinquency, your Highness can dispose of the office by a grant under the great seal. [4¼ pages, 2 papers.]
March 16.
Little Britain.
94. Commissioners for sick and wounded to the Admiralty Committee. We find that Edw. Hayward, of Chatham, charges himself with 550l. receipt, which agrees with the Navy Commissioners' certificate, and has disbursed 539l. 6s., 436l. 1s. of which is for diet not exceeding 1s. a day per man, and 81l. 16s. for doctors and apothecaries; the rest for nurses, fire and candle, shirts, and bringing the sick on shore. He should have 2s. a day for 302 days, and 5l. towards travelling charges divers times to London. Thos. Whitton of Rochester should have 3s. a day, as it was his whole employment, and 5l. travelling charges; total 603l. 4s. [1 page.]
March 16. 95. Order in the Admiralty Committee for payment of the said sum by the Navy Commissioners. [1 page.]
March 16. 96. Statement by Mary White, of Lyme Regis, co. Dorset, widow and administratrix of Rich. White, merchant, of Axminster, co. Devon, of 97l. 16s., besides interest, due for goods of his taken at sea by a man-of-war, and employed on Parliament service, the debt being acknowledged as just by the Navy Committee. With order of the Lords and Commons in Parliament for payment from the Customs and Excise of 7,375l. 10s. 2d. to 24 merchants named, for goods taken at sea by authority of Parliament, including 97l. 16s. to Rich. White. [1 sheet torn.] Annexing,
96. i. Duplicate of the above order in Parliament. [1 sheet.]
March 17. Ordinance by the Protector and Council for continuing the Excise at rates specified, from 25 March 1654, and continuing all Acts and Orders of Parliament about Excise made before 1 March 1653–4, but naming Ald. Thos. Allen, Thos. Wood, Rich. Bury, Geo. Langham, and Geo. Foxcraft as Commissioners of Excise, to act under directions of his Highness and Council, receiving 2d. in 20s. for their salary.
Sir Wm. Roberts and 5 others appointed Commissioners to receive appeals, collect arrears, sequester on refusal to pay, order allowances to officers, and devise means for improving the Excise, and relieve and indemnify the former, present, and future Commissioners of Excise, in executing their office.
They are to appoint officers to seize, on the water or near the shore, goods landed contrary to the Excise laws, and to appoint gaugers for soap boilers and oil makers, who are to be permitted entrance on demand, under a penalty of 50s. [Excise Acts' Collection, pp. 109–127, Vol. 98, June 1655.]
March 17. Council. Day's Proceedings.
1. The money payable in full for Lord Ireton's tomb to be 52l. 10s., and the order of March 13 amended.
2. Order on report of the account of Nicholas Bond, steward for entertainment of the Ambassadors from the United Provinces, that the disbursements exceeding the 300l. received by 87l. 6s. 11¼d., that the auditors of imprest examine the account and report.
3. That the said sum be paid him by Mr. Frost.
4. That he pay therefrom 5l. to several persons who attended the Ambassadors.
5. Also to persons named in a paper presented to Council the sums therein mentioned, in all 48l. 18s. 6d., they being servants at the entertainment.
8. The petition of the Colonel and officers of the foot brigade in co. Chester, for the Battle of Worcester, referred to Lambert, Jones, Sydenham and Mackworth, to report.
9. Mr. Scutt to have the door of the little room on the east side of the Council chamber nailed up.
10. A letter from Col. Robt. Lilburne, dated Dalkeith, March 11, referred to Jones, Lambert, and Wolsley, to find out the best way for paying for the services mentioned, and to attend the Protector thereon.
11. Major-Gen. Lambert to confer with the Protector about the affairs of Scotland.
12. The Generals of the Fleet empowered to dispose of all such prisoners taken at sea, not English, Scotch, or Irish, as are at Portsmouth, Exeter, or any western port. Approved 23 March.
13. The Lord President reporting the Protector's consent to an Ordinance passed for Excise, it is put to the question, passed for law, and ordered to be printed and published.
14. An Ordinance to make void patents and writs for places of judicature in the old style read, and committed to Lambert, Jones, and Cooper to advise with counsel, and report.
16. 97. Order, on information that George Agenor, master of the Return of Dartmouth, has brought from Alicant 5 great guns, part of those saved out of Prince Rupert's ships, and recovered by Alexr. Bence, merchant of Alicant, by contract with whom he was to receive 30l. for their freight—that the Admiralty Committee examine the contract, and order the money due to Agenor to be paid. [I. 75, pp. 171–4.]
March 17.
Newcastle.
98. Thos. Ledgard to Council. On 23 Feb. last, you ordered me to pay 4,299l. 6s. 3d. due to Sir John Trevor, and other lessees of the coal farm at Newcastle, on bills of exchange, charged by me on the late Army Committee in 1649. I reply that in 1648 and 1649 I received from the lessees 7,000l., and gave my bills therefor, and in 4 years heard nothing of their non-payment, nor have any bills been returned to me, as is usual in case of non-payment. I gave in my accounts to the Committee for Accounts, and by their order have paid in my balance to the Treasury. I beg that the bills so charged by me may be delivered to me, lest I should suffer, after having faithfully accounted. [1 page.]
March 17. 99. Statement of a legal case. A. is found an idiot, and the King has custody of his body and lands. He dies, B. is found his next heir, and sues for livery of his lands. The King refuses, and grants the land to C, who, to strengthen his title, levies a fine, and 5 years pass without any claim made by B. Query, whether this fine and non-claim bar B. and his heirs or not.
Answer by John Bramston [late chief justice of King's Bench], that it does not, as the King's grant is void in law, he having no estate to grant, and the freehold being reserved to B. The fine can be no bar, because the parties to the fine had nothing in the land when it was levied. The possession being in the King, B. cannot claim, but must sue for an "ouster la main" to have the land delivered to him. Also answer by John Latche to like effect. [1½ pages.]
March 17.
Chatham.
100. Comr. Peter Pett to the Admiralty Committee. I received at 9 last night a letter unsigned, which I suppose to be from you, and have been busy ever since, sending 3 vessels, one to ply to and from Harwich, one to examine all vessels about Minehead and Queenborough, and a third about the Isle of Sheppey and Faversham. Mr. Arkinstall, the Master Attendant, has taken this charge. I have given 3 commissions with a charge of secrecy. [¾ pages.]
March 17.
Victualling Office.
101. Thos. Alderne and D. Gauden, Navy Victuallers, to the Admiralty Committee. We hear from our partner at Portsmouth that the expense of the fleet is very great; that there will not be sufficient victuals for 500 men for 6 months in the stores, after the Sovereign is supplied out of that ordered for the 5,700 men for 6 months, and that there is a great scarcity of water at Portsmouth for brewing, on account of the drought. We hear of orders for a further supply, but have not received them. Two victualling ships will be ready next week to take in beer. We beg directions; we think the Wildman, King David, and Adam and Eve, may be fitted out as victuallers to carry provisions to the fleet. [1 page.]
March 17.
Prize Office.
102. Prize Commissioners to the Admiralty Committee. The Navy Commissioners have presented us bills for very large sums as gratuities to persons for the loss of their relatives in the service; they are payable out of the tenths of prizes by order of Parliament, but we have already expended 7,000l. more than we have received on account of tenths, and therefore beg orders. [1 page.]

Footnotes

  • 1. This is the physician Sydenham, father of English medicine, from whom the Sydenham Society derived its name.—Ed.