Volume 70: April 20-30, 1654

Pages 110-139

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

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April 20-30, 1654

April 20. 1–14. Assignments by Wm. Davis, fishmonger, to Rich. Rogers, grocer, both of London, of 6 debentures, set over to him by Tim. Gent, mercer of Leek, co. Stafford, 21 March 1653–4, and assigned to Gent by 6 soldiers of Col. John Bowyer's regiment, co. Stafford, 10 March 1653–4, for arrears due to them respectively for service, on accounts prefixed, and certified 15 and 22 Dec. by Edw. Downes, Thos. Gent, and Tim. Edge, Commissioners for monthly assessments in the county, Davis engaging that the soldiers debentures are not false or forged, and shall freely pass on the purchase of delinquents' estates, viz.:—
£ s. d.
Rich. Austen 16 5 0
Thos. Lomax, Handley Green, co. Stafford 14 10 4
Rich. Lomax " " 14 10 4
Rich. Baker, Newcastle [under Lyne], co. Stafford. 16 5 0
John Cliffe, serjeant to Capt. John Port 65 13 5
Wm. Davenport, trooper under Lieut.-Col. Watson. 77 11 8
[14 papers, the bonds being printed forms filled up.]
April 20. 15–18. Like assignment by Davies to Rogers of a debenture set over to him by Wm. Gent, mercer of Leek, co. Stafford, 12 April 1654, and assigned to Leek by John Hall of Longner, Astonfield parish, co. Stafford, 16 March 1653–4, of 111l. 10s. 5d., being his arrears for service, on a like account prefixed of 10 Dec. 1653. [4 papers.]
April 20. 19–27. Like assignment by Davies to Rogers of 3 debentures set over to him 20 Feb. 1653–4, by Wm. Gent, and by John Robinson, of Leek, co. Stafford, to Gent, 30 Jan. 1653–4, and assigned to Robinson by 3 troopers in Col. Simon Rudgley's regiment, 30 Jan. 1653–4, being their arrears for like service on like accounts prefixed of 29 Dec. 1653, viz.:—
£ s. d.
Chris. Oreton 90 13 4
Fras. Boden 90 13 4
Wm. Boden 90 13 4
[9 papers.]
April 20.
28. Major Wm. Burton to the Admiralty Committee. I wish the Marigold were here, or the voyage will be overthrown, the time of the year being so far spent. I sent your letter by a ketch to the Dogger bank, with orders to throw it overboard in case the vessel were taken, and bade them stay all vessels in the Roads from going northerly. Some of the Iceland men, sailing from Tynemouth without convoy, were taken; 3 or 4 got into Berwick. 40 sail of North Sea men wait for a small man-of-war, such as the Weymouth or Sparrow Pink, as convoy, as although there is now peace with the Dutch, there are many pirates. I beg you to send a sharp letter to the smith here, threatening to imprison or hang him if he does not proceed with the anchors, as he has 23 tons of the State's iron, and is a lying knave. I want 4 or 5 of the greatest anchors, and he has long promised them. [2. pp.] Annexing,
28. i. Nich. Allin to his wife, at North Yarmouth, Leaving Tynemouth, I and 3 others were chased by 2 small menof-war, but got into Berwick when they were within musket shot of us. We want aid, there being many menof-war about. We got into this trouble by coming in here for our salt, and had to pay 16s. a wey excise for it. There has been fighting between the Weymouth and Sparrow and 2 Holland men-of-war. Berwick, 12 April 1654. [1 page.]
April 20/30.
29. List of sums varying from 20 to 240 rix dollars promised by 19 counts of the Wettarabian College monthly, for 3 or 4 months [to Charles II.] as an English subsidy, the total being 1,764 rix dollars, agreed on at a meeting held 22 December 1653. The largest donor is the Count of Hainault, 240. The Rheingrave gives 96, Count Solms 144, &c. Endorsed by Nicholas, "A list of "how much one Romer month for every of the Counts of Wettarabia comes to, but some of them promised the King 4 Romer months, and none less than 3. [2 pp. German.]
April 21. 30. Petition of Constant Jessop, minister, to the Protector. I was 3 years ago interdicted the exercise of my ministry in Bristol, on misrepresentation by Capt. Bishop before Council of a sermon I preached at the choice of a mayor, and was banished from coming within 10 miles of the city. I beg leave to go to the city, and preach there if desired, this order notwithstanding. [1 page.]
April 21. Order thereon granting the petition. Approved 4 May. [I. 75, p. 255.]
April 21. 31. Petition of Roger Lee, prisoner in the Tower, to the Protector, for release, not having a penny to buy bread but what charity brings in. Was apprehended on suspicion of treason, the thought of which he abominates, knowing that God has set the government of these nations on the shoulders of his Highness. Begs consideration of the rashness of his youth and meanness of his condition, being fatherless and motherless, but apprentice with a well-affected man, and his future depending on his diligence and good demeanour. With reference thereon to Council, 29 March 1654.
April 21. Note of its reading in Council, but no order. [I. 75, p. 255.]
April 21. Council. Day's Proceedings.
1. The Committee for inspection of Treasuries to consider how 7,000l. may best be raised, and paid for the Council's contingencies.
2. Skippon and Mackworth to consider the contempt charged on Jos. Rigby, and to report.
3. The Committee on the 50,000l. secured to the City of London by several lords to send for such papers and accounts as may enable them to report.
4. The Trustees for maintenance of ministers authorised to give warrants to their receivers to pay the executors of Thos. Wynyffe, D, D., late Bishop of Lincoln, all such sums as they received as rents and pensions due during the time he was bishop, till bishops' lands were by Ordinance of Nov. 1646 vested in trustees for the use of the commonwealth. Approved 4 May.
6. The Army Committee empowered to issue warrants to the Treasurers-at-War to pay Col. Alured 410l., to be disbursed for the army contingencies on an especial service. Approved 4 May.
10. The articles of peace, union, and confederation between the Protector and the United Provinces, with the ratification thereof by the Protector, read, signed, sealed, and consented to by Council. Order to advise the Protector that the same be delivered to the ambassadors of the said States.
13. Order on report that Dav. Baree be discharged, and a warrant issued in that behalf to the serjeant-at-arms, and that Hen. Welsh —Dowdee be continued in custody.
14. A clause to be added at the close of the order of Tuesday last, concerning Lieut.-Col. Roseworm's satisfaction for his arrears out of discoveries, that if any shall pay him the sum aforesaid out of concealed State moneys, his acquittance for so much shall be a full discharge. [I. 75, pp. 254–256.]
April 22.
Custom House, London.
32. Customs' Commissioners to Wm. Jessop, clerk of the Council. If Council thinks fit to order the import of the 40 tuns of wine named in yours of the 21st for the use of his Highness, though in several ships not named, and express the quantity in each in writing to the Commissioners, on the first entry of the ships into the open Custom House, but not to exceed 40 tuns, it can be done without prejudice or colour to others to import greater quantities of French wines, with or without payment of customs. Endorsed with note that the wines were desired by M. Fanquairt and Mdme. Durette. [1 page.]
April 21.
The Brier, Harwich.
33. Capt. Peter Foote to the Admiralty Committee. I will sail to-day, and observe your instructions. In assisting the captain of the Woodbridge frigate in impressing men, I found the colliers abuse your protection by passing off 4 or 5 young and able men on our visits as the officers specified in their orders, who are mostly ancient men. Many of the ships have no guns, yet gunners are allowed in their orders, and the colliers never carry a boatswain. [1 page.]
April 21.
The Plymouth.
34. Capt. Rich. Stayner to the Admiralty Committee. I put our prisoners on shore, and put to sea again. 20 leagues N.W. of the Texel we met 4 sail, one being a Dutch private man-of-war with 3 prizes. We took the man-of-war and one of the prizes, which belonged to Barking, but nearly had her retaken by a French shallop off the Spurm. Having landed the prisoners at Burlington, we went after the other 2 prizes, but could not get sight of them. I hear there are 4 Dutch men-of-war about Tabb's Head, who have taken 7 prizes within these 10 days. I will hasten to Yarmouth Roads for further orders. [¾ page.]
April 22. Council. Day's Proceedings.
1. The Ordinances for uniting Scotland into one commonwealth with England, for erecting Courts Baron in Scotland, and for settling the estates of several excepted persons in Scotland in trustees, to be sent to the commander-in-chief in Scotland, who is to have them published in all the shires of Scotland.
2. Notice to the several ports and all others concerned, that a peace is concluded with the States General, which is to be proclaimed on 26 April, and that restitution is to be made of all ships taken on either side after 12 days in these seas; after 6 weeks in places on this side Cape St. Vincent; after 10 weeks in the Mediterranean, and to the Equinoctial line; and after 8 months beyond the Equinoctial line. With note to the Customs' Commissioners, enclosing a copy and desiring them to communicate it to the several ports. [I. 75, pp. 255–256.]
April 22.
The Preston.
35. Capts. Philip Gething and Thos. Adames to the Admiralty Committee. We have been ready to sail for Hoseley Bay since Wednesday, to join the Vice-Admiral's squadron. We find that out of your tender affection for the good of trade, you have given the colliers warrants protecting their mates, carpenters, gunners, and boatswains from being pressed, but we can show that they much abuse them by inserting young men's names therein, while they have old and useless men for such officers, and a boatswain was never known in a collier. [1 page.]
April 25. 36. Request by Lieut.-Col. Thos. Biscoe and Wm. Style to the President of the Council of State. We beg that the 7 companies of Sir Wm. Constable's regiment ordered for Scotland may be allowed 140 tents, a surgeon's chest, 7 drums, 100 snaphance muskets and bandoleer collars, and 700 snapeacks; also pay for a surgeon's mate, gunsmith and mate, and a drumbeater to each company. As the 400l. assigned us on Goldsmiths' Hall cannot soon be paid, let us have it from the Tower Treasury, and it can be repaid to Col. Berkstead, so that we may pay our quarters in our march. Also we desire an order to the Army Committee to continue the 30 recruits each of Lieut.-Col. Biscoe's and Capt. Eyton's companies, as long as they remain in Scotland. 18 April. [¾ page.]
April 25. Reference of the above, and of another paper about guns, tents, and increase of money for Scotland, to Maj.-Gen. Lambert, to offer such orders and warrants as he thinks fit. [I. 74, p. 55.]
[April 25.] 37. Petition of Hen. Clerke, major in the late King's army, to the Protector. On the rendition of Winchester garrison, went to Oxford, and soon after that garrison was blocked up by Commissioner-Gen. Ireton, late Lord Deputy, left on Ireton's engagement that he should have the full benefit of what articles were made for the town, and with a pass from Gen. Fairfax, went beyond seas to travel. Being sued by one Joice for cattle, which during the wars he drove away for Winchester garrison, was obliged to have recourse to the Commissioners for articles; but as there may be some dispute, because Ireton's engagement was not sealed (though Admiral Desborow has certified to his hand), begs a particular commendation of his case to the present Commissioners for articles. With recommendation, 3 March 1653–4, to the said Commissioners, to allow petitioner the benefit of the engagement, by his Highness being satisfied that it was signed. [Copy, 1⅓ pp.] Annexing,
37. i. Statement by Ireton of the circumstances of Clerke's leaving Oxford and remaining in the army's quarters till he had the General's pass to travel, 8 June 1649. Certified by Col. John Desborow, 4 Feb. 1652–3. With reference of the case by the Protector to Council, 29 March 1654. [Copy, 1¼ pp.]
[April 25.] 38. Report by the Committee for Articles of War confirming the truth of the petition, and that Clerke was intended to be included in Oxford articles, though not named therein, but the engagement was not confirmed by Parliament; they cannot give plenary relief on this account, and also because the engagement was not sealed, and they are only authorized to accept certificates under the hand and seal of commanders. Signed by John Bradshaw and 9 others. [Parchment. 1 sheet.]
[April 25.] 39. Like petition naming him as Hen. Clerke of Exford, co. Wilts, and begging reference to Council. With reference accordingly. 29 March 1654. [1 sheet.]
April 25. Reference thereon by Council to Cols. Jones and Mackworth, Sir Anth. Ash. Cooper, and Mr. Strickland, to report. [I. 75, p. 258.]
April 25. Council. Day's Proceedings.
1. The Lord President having last Saturday issued a warrant to take into custody Charles Rich and John James, on information of a quarrel between them, both parties appeared before Council, where both were bound in 1,000l. and 2 sureties in 1,000l. not to fight each other, nor break the public peace.
2. An Ordinance to be prepared for preventing duels, Mackworth, Strickland, Skippon, and Cooper to prepare a draft, and confer with counsel.
5. The petition of the mayor and burgesses of Abingdon, co. Berks, committed to Jones, Mackworth, Strickland, and Cooper, to report.
7. That of Ed. Hanchet, usher to the late court of wards, read and laid aside.
8. Council having ordered on April 14, that 200l. should be paid James Challenor, the Commissioners for inspecting Treasuries are to consider on what Treasury it may best be charged.
9. On consideration of the case on the petition of Sir Ed. Baynton, concerning certain downs and lands claimed by him as an inheriance, the question being whether the same be part of the manor of Bishop Cannings, parcel of the late possessions of the Bishop of Sarum, Council thinks fit to refer it to an ordinary proceeding at law. Annexing,
40. i. Report of the Committee to whom the case was referred by Council, recapitulating the former statements [See p. 43 suprà,] and adding that Rob. Henley produced deeds to prove that the lands belonged to the Bishopric of Sarum, and that Sir Edward's executors held them only by lease, and that they think the matter should be left to law. [1¾ pages.]
11. Order on report on Capt. Thos. Sydenham's petition [See 8 and 16 March supra] that the 600l. ordered be paid out of 811l. 4s. 1d. received by Geo. Dawson and Thos. Errington, of Newcastle, Commissioners for public debts, and remaining in their hands as collectors of an imposition on coals in Newcastle, and that they pay it accordingly. Approved 4 May, and warrant signed 11 May, 1654. Annexing,
41. i. Report offered by the Committee that the 600l. should be paid from the Prerogative treasury, they finding no other less burdened with public charges. 11 April 1654. [½ page.]
41. ii. Report for its payment as granted by the order. [2/3 page.]
41. iii. Warrant to Dawson and Errington for payment of the 600l. to Sydenham, and the balance 211l. 4s. 1d. to Wm. Maddison. [Draft, 1⅓ pages.]
12. The report from the Committee on the petitions of Ed. Edmonds and Luke Ivory and others, on behalf of several persons who disbursed small sums upon the propositions in 1642, referred back to the former Committee, to which Desborow and Jones are added, to report.
13. Order on report from the Committee on Susan Bowen's petition, that the Committee for Ely House give warrants to their Treasurer to pay her what they think fit, between 20l. and 40l., and to make up her husband's pension of 4s. a week to 6s. till further order. Approved 4 May. Annexing,
42. i. Report on which the order is founded, stating that she is very necessitous, and that Maj.-Gen. Skippon and others have certified her good service in making discoveries. [2¾ page.]
14. Thurloe to send forthwith for the Heralds, and order that the proclaiming of the peace between his Highness and the United Provinces to-morrow be put into an effectual way, according to Council's declaration lately published.
15. Some variations being made in the order on the report on Sir Rich. Temple and Dame Christian, widow, and the creditors of Sir Peter Temple, deceased, the amended order was this day presented to Council by Mackworth, and approved, viz.: That the justices of the Court of Common Pleas admit Rich. Temple (an infant under 21) to levy one or more fines, and by his guardian to suffer recovery of all his manors and lands in England for better conveying the same on trustees, and the use of the said fines and recoveries shall by indenture be declared to be to the use of such as are mentioned in articles enrolled in the Court of Chancery between Sir Rich. Temple and the creditors of Sir Peter Temple, for 11 years in trust for the said creditors, towards payment of his debts, and for present support of Dame Christian and Sir Richard. The fines, recoveries, and indentures are to give power to Sir Richard to charge the manors and lands, after expiration of 11 years, with payment of 2,000l. for discharge of other debts of Sir Peter's, beside those expressed in the said articles, and also after raising the 2,000l., to make a jointure of the premises to such wife as he shall marry, the remainder of the manors and premises to be settled as by former deed of settlement.
Also that Sir Richard be enabled to make assurances to Abel Dayrell of lands which had been exchanged between him and Sir Peter on his inclosure thereof. [I. 74, pp. 53–59.]
April 25. 43. Report by Lieut.-Col. Kelsey on a reference from the Protector, on Jas. Harbin's request for the place of bailiff and keeper of the prison at Sandwich, that it was granted by Patent in the time of Elizabeth and Charles at a salary of 12d. a day, but later by a Commission from the Revenue Committee, and now is in the gift of his Highness. It was held by Mr. Squib, who has surrendered his interest to Harbin, and he is fit for the place. [Draft, 1 page.]
April 25. 44. Warrant by the Commissioners for inspecting the Treasuries to the Treasurers for [sale of] delinquents' lands to pay 1,609l. 6s. 10d. to Rich. Hutchinson, to be issued on warrants of the Admiralty Commissioners. Receipted 5 May. [1½ pages.]
April 26. 45. Petition of the inhabitants of Mashbury, co. Essex, to the Protector, to confer their living, which is under sequestration, on Abr. Pinchbeck, a godly and orthodox divine, whom they have chosen unanimously, their late minister, Hen. Bates, having died 2 years ago, since which time they have had no settled minister. Six signatures, 1 by mark. With reference thereon to Council to appoint him if they are satisfied of his fitness, as his Highness is, 20 April 1654. [1 page.] Annexing,
45. i. Certificate by the Earl of Mulgrave, Hen. Lakin, preacher at High Laver, and John Meriton, preacher at Martin'sin-the-fields, in favour of Abr. Pinchbeck, M.A. [Scrap.]
45. ii. Order of the Committee for Plundered Ministers appointing Hen. Bates to the cure of Mashbury, with the vicarage house, glebe land, &c., Rob. Gray, the vicar, having deserted his cure, and gone to the Cavaliers' army. 27 Oct. 1643. [1 page.]
April 26. Order thereon appointing Pinchbeck vicar in place of Bates. [I. 74, p. 60.]
[April 26.] 46. Representation of the merchants and tradesmen of London to the Protector. We think the late Act depriving the buyer of re-allowance of excise and impost on foreign goods altered or sold to be exported very prejudicial to the revenue and to trade, because few importers export again themselves, therefore if the buyers are not allowed the imposts, which are 10 or 15 per cent., or more, our imposts will be confined to home consumption, and Scotland and Ireland, and foreign parts will be supplied from the Netherlands and other parts. By which means—
1. We shall lose customs.
2. Our ships and mariners will want employment.
3. The labourers will lose the wages for receiving and shipping off imports.
4. The whole trade will infinitely suffer, for those who buy foreign commodities here take English manufactures as well, which they will not do if they have to buy foreign goods abroad.
Instances of bad effects from the working of this principle in other parts.
Seven reasons against its adoption in England. All who understand trade know that the best expedient to attract and enlarge it is to make the ports free, whilst these Acts would contract home trade and almost extinguish foreign; whereas the enlarging the freedom of the ports for import and export would make this country the magazine of both eastern and western nations, and keep in abundant supplies, without which the State's ammunition and shipping can only be supplied by pre-contract, at excessive rates. 6 April. Noted for the merchants to attend again on Wednesday. [2½ large closely-written pages.]
[April 26.] 47. [The merchants and retailers of London to Council.] We think we have satisfied you that unless the Ordinances against the re-allowance of half-subsidy and excise on foreign goods re-exported are repealed, most of our trade will be extinct, and if you allow it to the importer only, the retailers must turn importers, or the merchants retailers, which will ruin many. You wish us to enumerate those commodities which will be most prejudiced. They will be,—
Wool and its several manufactures, which would so rise in price by the tax on soap, oil, alum, copperas, &c., that they would grow dear, and foreign nations would make their own.
English iron is greatly injured by the late excise of 1s. 6d., of which foreign iron is eased, so that we shall lose a gallant revenue, and have to purchase it from abroad.
Also manufactures here of foreign materials, as cotton, wool, hemp, silk, &c., would suffer much by excise at their export.
Also the Bardadoes sugars could not be brought here to be refined and undersell the Dutch, if 2s. per cwt. were charged on export.
The commodities which are improved here, and on which half subsidy and excise used to be allowed at export, are,—
All sorts of linens and canvas—whited or dyed; spiceries—garbled from the dust; grograin, mohairs, calicoes, &c.—dyed; copper plates— cut into bars or small pieces; tobacco—made into rolls, or cut and dried.
Also spirits will be procured direct from France if the hot waters supplied by our foreign plantations are to pay excise as spirits.
We do not repine against public levies for the protection of the nation, but we would not have them so levied as to ruin trade, and destroy the tree in the manner of plucking the fruit. If the present rates fall short of the emergencies, we shall be ready to give our opinions about their supply some other way. [2½ closely-written pages.]
[April 26.] 48. Report on the best mode of levying Customs and Excise. That the present rates are exorbitant, and that the imposition of great taxes on portable goods is but an encouragement to escape them, and the desire of gain leads to great hazard. A more moderate imposition would increase the revenue. For Spanish tobacco, the receipts are greater now when the tax is 12d. than when it was 3s.
By the last Excise Act, bone lace is taxed at 3s. in 20s., but we believe the receipts will be less than when it was 1s. Similar instances might be given in cambrics, lawns, wrought silks, &c. High rates injure trade and encourage deceit. French silks are thus cheaper and more plentiful since they were prohibited than before.
You will find scarcely anything received on the 10 per cent. tax for jewels. The severe laws in Spain and here do not prevent the export of bullion, but these things throw the trade out of the hands of the merchants and into the hands of small men, who practice deceit. This being an island, it is impossible to keep boats everywhere to prevent import of uncustomed goods. Much abuse would be prevented by limiting vessels to import the goods only of the place they come from, according to lists to be sent by the Customs' Commissioners, and to put the onus probandi on the defendant. [2⅓ pages.]
April 26. 49. Report by Major-Gen. Lambert, on the desires of some merchants of London, about the late Ordinance for Customs and Excise, that on debate with divers of them, they presented something disadvantageous to trade, and particularly the withdrawing the reallowance of customs on foreign goods re-exported. It is liable to abuses, but not equal to the inconveniences which may arise therefrom.
The taking off the excise from old draperies will be a great ease to the people, it being very troublesome in the gathering, and will encourage that manufacture, and thereby trade in general. Yet as the State should be reimbursed by excise on other goods, it should be laid on those that will better bear it without injury to trade.
We think the first buyer, on exporting goods imported, should have half the impost and all the excise, as before, and the increase of excise on other goods be considered by a Committee of Council, as it will take some time to perfect. This Committee should also consider of fit expedients to prevent fraud, and report speedily. [1 2/3 pages.]
April 26. Order thereon in Council that the report be agreed with, and referred back to the former Committee to consider further, and prepare Ordinances, also to confer with the Customs' Commissioners, and with such merchants as they choose. [I. 74, p. 62.]
April 26. Council. Day's Proceedings.
1. Col. Nat. Fiennes admitted one of his Highness' Council.
2. The heralds to publish the Protector's proclamation of peace between this Commonwealth and the Netherlands solemnly, and in several places in London, as is usual.
3. A paper by Wm. Norbury, offering a discovery of a feefarm rent of 100 marks a year, referred to the Committee for the Treasuries, to receive the discovery and report.
5, 6. Rous and Mackworth to consider what rules are fit to be observed in admitting persons to sequestered livings and augmentations. Also what should be done about the difference between Mrs. Porter and Dr. Barnard concerning Whitchurch rectory, and to report.
7. Order that the clause in the Ordinance for continuing the Excise —whereby it is provided that no allowance be made for beer or ale to be used in fishing vessels at sea which is bought of the common brewer,—be suspended till further order. The Excise Commissioners to proceed accordingly.
9. Lambert's report from the Commissioners on the petition of the Adventurers for lands in Ireland referred back to the same Committee, to present to Council a report in writing touching the matter prayed.
10. Order on report on papers concerning Sir Wm. Constable's regiment and other affairs of Scotland, viz.:
(1.) That the Treasury Commissioners consider the best way for payment of 400l. due for arrears to the regiment now charged on Goldsmiths' Hall, and consult with and give order to the Army Committee.
(2.) That the Army Committee add to the establishment of the army 1 surgeon's mate, 1 gunsmith, 1 gunsmith's mate, and 7 drummers to the 7 companies of Constable's regiment now ordered to Scotland, and that they cause provision to be made for them; also a surgeon's chest.
(3.) That the supernumeraries added to the foot companies under Lieut.-Col. Biscoe and Capt. Eyton in Constable's regiment, being 30 private soldiers in each company, be continued while they are in Scotland.
(4.) 50. That the Admiralty Committee issue warrants for furnishing 7 companies of Constable's foot with 7 drums, 100 collars of bandoleers, and 700 snapsacks, out of the public stores.
(5.) That the Ordnance officers cause 1,000 tents to be provided for use in Scotland, advise with Mr. Molins, and proceed as they did in providing the last 1,000 tents.
(6.) 51. That out of the 1,000 tents ordered, Col. Pride's regiment have 203, and the 7 companies of Constable's regiment, 140.
(7.) That the Committee for inspecting Treasuries see where 950l. may best be charged for payment for the 1,000 tents.
(8.) That the Ordnance officers provide 2 double guns for service in Scotland.
(9.) That the Treasury Commissioners remind the Army Committee to add to the money assigned for Scotland, out of the present 3 months' assessment, such money as may answer the increase of forces.
11. Order on Major-Gen. Lambert's propounding further desires for Col. Pride's regiment.
(1.) That the supernumeraries, making them 1,000, be continued till further order.
(2.) That a month's pay be advanced on next Monday's muster.
(3.) 52. That the Admiralty Committee order them 10 drums, 10 halberds, and 200 bandoleer collars.
(4.) That the Army Committee order Pride 50l. for 1,000 knapsacks by him provided. Annexing.
53. i. Pride's request for the above, the fresh recruits being 300. Also for 270l. for 203 tents. [⅓ page.]
12. Mackworth, Jones, and Sydenham to prepare an Ordinance to authorise some parishioners of John Simpson in London to receive the profits of the living, and dispose part to maintain a fit person to officiate there, and the residue to his wife and children.
13. Col. Desborow added to the Committee of Council on Capt. Hume's petition.
14. Order on report from the Admiralty Committee on the Anthony, claimed by Anthony Gay, and others, that she and her lading—stayed at Bristol by the officers there, on apprehension that the owners had transgressed the Navigation Act,—be released, and restored to Gay. Annexing,
54. i. Report alluded to, that the ship belongs to English merchants, but was stayed partly on suspicion that its purchase was only a pretext for bringing over French goods, but that an instrument attested by the public notary of Rochelle having proved the sale of the ship, there is no cause for its detention. 20 April 1654. [1 page.]
54. ii. Attestation by Joshua Mamet, public notary of Rochelle, of the sale of the Anthony to Edw. Moore on behalf of Anthony Gay and other merchants of Bristol, for 52,000 livres tournois. 26 Jan. 1654. [8 pages, translation from French.]
54. iii. Report by the Customs' Commissioners to the Admiralty Committee, that the Anthony was seized by their officers in Bristol on suspicion, being of Lubec, and manned with strangers, but that they believe the ship and goods really belong to Englishmen, and are not liable to forfeiture, as the Act for Navigation does not enjoin English ships from ports of Europe to be manned with English mariners, but only those from Asia, Africa, and America. 6 April 1654. [¾ pages.]
16. The report from the Committee on Thos. Ivy's petition, touching a decree in Chancery for alimony for his wife,—certifying that after several meetings, and hearing both parties, Ivy declared himself willing to withdraw his petition, and apply to the Commissioners of the Great Seal,—agreed with, and Ivy's petition dismissed; if he make his application as aforesaid, the Commissioners are desired to end the same speedily. [I. 74, pp. 60–7.]
April 26.
55. Pres. Lawrence to the Generals of the Fleet. The Protector and Council being informed that there were lately at Portsmouth, Exeter, and other western ports, several prisoners taken at sea, desire you to dispose of all, except English, Irish, and Scotch, as you think best. [Also I. 74, p. 68.]
April 26.
The Torrington, Hoseley Bay.
56. Capt. Jer. Smyth to the Admiralty Committee. I send a receipt of the Governor of Landguard Fort for money delivered him. The Newcastle and two others have come out of Harwich into the Rolling Grounds, and the Plover has gone towards Yarmouth, to press men for them. I have been under sail, but compelled to come to anchor through the fog. Vice-Admiral Lawson is still near Yarmouth. [1 page.] Annexing,
56. i. Receipt by Ben. Gifford, governor of Landguard Fort, from Capt. Smith, of 2 chests, containing bags of money amounting to 11,700 guilders. 25 April 1654. [½ page.]
April 26. 57. Jas. Brocke to the Prize Commissioners. I have brought the Rose East Indiaman into Hole Haven, a little below the Hope, and will get her up higher as soon as possible, She is a gallant ship, but only has ships' provisions on board, which are secured. The lieutenant in charge has acted very well, or things would have gone wrong, as I have a company of as wild seamen as ever breathed. The captains have landed the silver by order of the Admiralty Committee, at Landguard Fort and Yarmouth, but it is only double stivers and such like false coin of little value. There are also several seamen's chests and their contents of little value, which the lieutenant desires may be delivered to his men, who fought so stoutly for her, and thus save a disturbance. [1 page.]
April 26. 58. Jas. Brocke to the Prize Commissioners. I hope to get the prize ship into the Hope to-morrow. As all the men-of-war's men will be gone the first hour, and I left with only 3 seamen and 6 Flemings, I desire that some able men may be sent down. The ship's cargo consists of victuals and drink, and shipping provisions of all sorts. [2/3 page.]
[April 27.] 59. Petition of the ushers, messengers, and doorkeepers who attended the several Committees of the late Parliament, to the Protector, for payment. Attended the said Committees faithfully, but have received no salary. Parliament, on 28 Nov. 1653, ordered the Committees to consider what servants should be employed, and what salaries allowed, and some Committees agreed on reports, but through the sudden dissolution of Parliament, nothing was done; certificates have since been granted them as to what salaries should be allowed. Are poor men, have large families, and have disbursed large sums for these Committees. With 11 signatures of servants to the Committee for the poor and justices of peace; for petitions for public debts; for Scottish affairs; for prisons and prisoners, and for receiving petitions. With reference thereon, 9 Feb. 1653–4, to Mr. Scobell, to certify their particular services, what has been formerly allowed, and what should be allowed them. [1 page.]
[April 27.] 60. Report by Scobell on 8 of the above cases, and on that of Geo. Vynes, usher and messenger to the Committee for tithes, stating the sums that should be paid them for 5 months' attendance, from 10l. to 20l. each, and expenses. [2 pages.]
April 27. Order thereon for payment accordingly to the said 9 persons, total, 134l. 0s. 8d. salaries and allowances; to be paid by Mr. Frost. Approved 4 May. [I. 74, pp. 70, 71.]
April 27. 61. Petition of John Lightfoot, master of Catherine Hall Cambridge, to the Protector and Council. The late Committee for the Universities allowed him 90l. a year augmentation of maintenance, most of which is in arrears. Begs an order for payment and continuance, as granted to other masters, his mastership being the least in the University. [¾ page.]
April 27. Order in Council granting the petition, any former order of restraint notwithstanding. [I. 74, p. 72.]
[April 27.] 62. Petition of Margaret, Countess of Worcester, to the Protector, for some maintenance, if she cannot have her fifths, as other wives have had. Has only received 400l. in 9 years. and after 3 years' solicitation. Being a second wife, is not mother to Lord Herbert, from whom she has only received 20l., yet Mr. Long, master of requests, says his Highness is informed that she is not in want; but how can her husband help when the 3l. a week allowed him by the State does not pay lodgings and keepers' fees? Lord Herbert allows 3l. more, but it is uncertain, and not abundant to keep him and 6 servants in food. Considering her birth, takes no pleasure in trudging up and down on foot, or in a sculler, yet could not do otherwise, nor go attired like a gentlewoman, had she not sold her former clothes. With reference thereon to Council for speedy consideration, 21 April. [1 page.]
April 27. Reference thereon in Council to Lambert, Lisle, and Strickland, to report. [I. 74, p. 72.]
April 27. 63. Petition of Wm. Maddison to Council. Being one of the Committee for Accounts, I have waived my private employments for 4½ years to attend to this, but only received 100l., and am now in necessity, having spent in the service most of what I had for my family. I beg an order for 211l. 4s. 1d., the balance of 811l. 4s. 1d. in the hands of Geo. Dawson, alderman, and Thos. Errington. merchant of Newcastle, concealed, but discovered to the Commissioners for Accounts. [1 page.]
April 27. Order for payment as requested, Dawson and Errington having discovered that the money was in their hands, and paid 600l., by order of 25 April, to Capt. Thos. Sydenham, leaving the balance 211l. 4s. 1d: Approved 4 May. Noted as signed, 12 May 1654. [I. 74, pp. 72, 73.]
April 27. Council. Day's Proceedings.
1. The money due from Mr. Manley, postmaster, for rent of postage of letters, to be paid to G. Frost on account of the Council's contingencies, and Mr. Bond's warrants to be the first satisfied out of it.
2. Note that Col. Nath. Fiennes took the usual oath, and then sat in Council.
4. A report from the Commissioners for inspecting Treasuries concerning satisfaction of arrears to soldiers agreed with, and Mackworth, Montague, and Fiennes to prepare an Ordinance thereupon, and present it.
5. The amendments of the Ordinance for further doubling on Deans and Chapters' lands and the glebe, made on Jones' report, read, and agreed to.
8. The report on the petition of Henry Lord Herbert referred to Lord Chief Justice Rolle and Justices Atkins and Hales, to peruse the several cases and the Acts, &c., to which they refer; to consider the powers derived to the Commissioners for removing Obstructions, and the order by them made therein, send for witnesses, and report.
12. Strickland and Sydenham added to the Committee on Hartlib's petition.
15. 64. In pursuance of an order of yesterday, Mackworth and Jones offered this order, which was approved, viz., that as, since the restraint of John Simpson, St. Botolph's Without, Bishopsgate, has been destitute of a minister, or uncertainly supplied, Jos. Finch, and 7 other inhabitants procure some faithful minister, approved by the Commissioners for approbation of Ministers, to discharge the place, they receiving all the minister's tithes, dues, &c., making the minister, a competent allowance, and giving the residue to Simpson's wife and children. With note of approval by Hugh Peters and Thos. Owen, Commissioners, of Dan. Nicholls to be the preacher. Approved 4 May. Noted "Read and reversed, 5 July 1655."
17. The report on the petition of several clerks and officers attending Committees of the last Parliament, whose allowance was thereby reduced to a certainty as to all but those attending the Committee for advance of learning, referred back to Jessop and Scobell, to ascertain their allowance also, and report. [I. 74, pp. 69–75.]
April 27.
65. Major Wm. Burton to the Admiralty Committee. The Marigold has arrived to convoy the Aldborough and Wells men, and only waits for instructions, being victualled for 5 months. The ships in the road hasten to be gone, and also those at Shields and Berwick. If they cannot go soon they will lose their voyages. I thank you for appointing the Weymouth pink for the North Sea men, as there is a great fleet waiting.
The smith's name is Thos. Gay, and he says he has lately bought two anchors of 20 cwt., going to Ipswich for them, but I can hardly believe him, he having deceived me so often. I received the proclamations of peace; am I to proclaim them or nail them on the cross or elsewhere? [1 page.]
[April 27.] 66. Petition of John Hastings to the Admiralty Committee. Being corporal of the Victory, I was sent on the 23rd by the lieutenant to guard some pressed men to the ship, when I was much wounded by them, and have lain at my own charge at Woolwich for cure. I beg repayment. [½ page.] Annexing,
66. i. Certificate by Rich. Newbery, captain of the Victory, that Hastings being in a boat with 2 others, guarding 15 pressed men, they cut and bruised him so that he has been under the surgeon's hands at Woolwich at great charge. 13th April. With note by Thos. Turner, Clerk of the Navy Commissioners, to Mr, Hayes, to present the case to the Commissioners [for Sick and Wounded] for relief. [1 page.]
66. ii. Like certificate by Hen. Bigges, adding that Hastings has lain 3 weeks at Woolwich under cure. 14 April 1654. [½ page.]
66. iii. Certificate by Thos. Gwin, that the pressed men fell upon Hastings and cut him, leaving him half dead, steered the boat ashore, and got away. 17 April. [Scrap.]
April 27. 67. Petition of John Hastings and John Welch, both employed on the said service, and wounded, to the Admiralty Committee, to like effect. [2/3 page.]
April 27. 68. Order in the Admiralty Committee, that Luke Harbottle, a prisoner in the Gatehouse, pay Welsh 30s. and Hastings 4l. 10s., in consideration of their wounds, and find security for his immediate repair on board the Victory and continuance in the service, or else he is to be sent to Bridewell to work, and receive such correction as may be deemed fit. With receipt of Hastings and Welsh for 6l. 28 April. [1 page.]
April 28. 69, 70. Petition of Wm. Jordan, mayor, and other inhabitants of Yarmouth, Isle of Wight, to the Protector. Yarmouth is an ancient port, a great thoroughfare for passage to and from the mainland; has a castle and a garrison of 70 soldiers, and 400 inhabitants, but has had no settled preaching minister, by reason of the small means belonging to it, being not above 20 marks a year, which serves for an old man who can only read. John Martin had 50l. a year, and 30l. more for Newport; he had not voice enough for the large audience at Newport, but is willing to settle at Yarmouth. We beg that he may have an augmentation of 50l. a year, formerly granted us, in addition to the 50l. a year which he has hitherto had in reference to Newport, now otherwise provided. 40 signatures. [1½ pages.]
April 28. Order thereon on recommendation of Col. Sydenham granting Martin the 50l. granted to Zach. Sprint, late minister of Yarmouth, and also granting to Mr. Tutching, minister of Newport, the augmentation formerly settled from the rectory of Newchurch. Approved 4 May. [I. 74, p. 84.]
April 28. 71. Petition of Sir Alex. Gibson, of Durie, co. Fife, Scotland, to the Protector. Being commissary-general or treasurer of the Scots' army in 1640 and 1641, I had to give bonds for large sums, and victuals for the army, for which I have accounted, and the bonds are declared by Act of Parliament to be public debts, and I was indemnified and never challenged for them for 12 years; but of late being sued for the same and in danger of imprisonment and loss of my estate, I petitioned the late Council of State. They referred me to Parliament, and Parliament to the Commissioners for Administration of Justice in Scotland, who have made a report, which I offer you, with the Act for my indemnity. This business concerns more than my whole estate, and without aid I shall be cast into prison, and my wife and children reduced to extreme misery, to prevent which I beg you to command some way of indemnity, With reference thereon to Council, 29 March 1654. [1 sheet.] Annexing,
71. i. Statement of his case. The sums taken up were very large, borrowed because there was not time to lay on assessments, and far exceeding any private man's fortune, as he entertained the army almost 2 years, and he was only to be responsible for those sums which he did not account for, but his accounts were full and particular, and he demanded no reward. In 1641 all these and like bonds were declared public debts, and a Committee was appointed to repay the moneys, and deliver the bonds to Sir A. Gibson; and most of the creditors produced their bonds, accepted public security therefor, and have received interest from the State. He begs stay of all suits thereon, and indemnity, wishing to live under the Protector and Commonwealth, as he did under the Estates of Scotland. [1 page.]
71. ii. Comissioners for administration of justice in Scotland to Lord Gen. Cromwell, at the Cockpit. In answer to yours and the order of Parliament about Sir Alex, Gibson, we report that the debts were public debts, and part have been paid by the Scottish Parliament and Committee of Estates. From the universal penury of money here, he and others would be quite unable to raise money on their own estates towards such debts, and we think some course should be taken therein. Edinburgh, 23 Dec. 1653. Signed by Craighall, A. Peirson, Geo. Smyth, and E. Mosley. [1 page.]
71. iii. Act of Parliament of Scotland, obliging the Estates to take upon themselves the debts incurred by the commissary-general and others, who have become security for repayment of moneys lent for the service. 15 Nov. 1641. [1 sheet.]
April 28. Reference in Council of the petition to Lisle, Strickland, and Fiennes, to report. [I. 74, p. 77.]
April 28. 72. Petition of Edw. Childe, merchant of London, to Council, for a speedy hearing and relief, his case being committed to them by the Protector. Is unable to pay his debts of 300l., having had to spend his all and borrow money in pursuing a debt of 560l. due to him 5 years since, through attendance on which he has lost his employment, and has nothing left but his credit and charity. Has had his case before the Judges of the Upper Bench, the Council of State, and twice before Parliament, to whom it was again referred, but not reported on account of the dissolution. [¾ page.]
April 28. Order thereon that the petitioner seek his remedy in Parliament or at law, as Council cannot give any order. [I. 75, p. 77.]
April 28. 73. Petition of Lady Marg. Levingston, Bridget Bray, Judith Hobson, and Frances Blundell, to the Protector. Having brought great fortunes to our husbands, we had nothing settled on us for maintenance but life annuities under the Great Seal, amounting to 380l., which have been allowed and partly paid by both Parliaments. We have no other maintenance and are in great distress and debt, having exhausted all our credit, and are all old, two being above 80. We beg a certain sum amongst us, in proportion to our annuities, for our present wants, and to stay our creditors, and a weekly allowance in future, that we may not starve and our blood cry against the State. We hope that you (having taken away the first Parliament, those self-seekers and our cruel oppressors, that you might settle and do justice, your sole aim and end), will be our good Joseph, in our great famine. With reference thereon to Council, 29 March 1654. [1 sheet.]
April 28. Reference thereon in Council to the Treasury Committee, to which, for this business, Cooper is added, to report. [I. 74, p. 77.]
[April 28.] 74. Petition of 5 servants to the late King, Queen, and Prince, to the Protector. On a vote of Parliament of 15 Nov. 1650, the late Revenue Committee signed a warrant for 3,744l. 7s. 9d. for us, viz., to Thos. Smithsby, 1,269l. 4s. 3d., to John Blackwell, 1,496l. 1s. 2d., to Nich. Bond, 192l. 5s., to John Smith, 197l. 0s. 8d.; and to John Embree, 589l. 16s. 8d., being the remainder of greater sums ordered for our debts, to be paid out of arrears of rents and debts due to the Crown before 29 Sept. 1643, and we had an order therefor from you, to the Receiver-General of the Revenue, but he being discharged, all monies are now brought in to the Exchequer. We beg payment therefrom, according to the said vote of Parliament. [1 page.] Annexing,
74. i. Order in Parliament for payment of 10,581l. 18s. 8d. to the above named, and Corn. Holland, M.P., to whom 2,536l. 15s. is due from moneys arising from the sale of the goods of the late King, Queen, and Prince, to be deducted from the 26,500l. ordered for the Navy therefrom. 15 Nov. 1650. [1 page.]
74. ii. Warrant from the Revenue Committee to Thos. Fauconberg, for payment accordingly. 19 Nov. 1650. [Copy, 1 page.]
74. iii. Certificate from Fauconberg that of the 8,045l. 3s. 7d. ordered by Parliament to the petitioners, 4,300l. 15s. 9½d. only has been paid, and therefore 3,744l. 7s. 9½d. is still due. 13 April 1654. [1 page.]
[April 28.] 75. Like petition to the Protector; payment being restrained by the general order of Council of 17 June 1653. With reference thereon to Council. 5 April 1654. [1 page.]
April 28. 76, 76a. Order in Council for payment of the sum from the said arrears due to the Crown, the order of restraint notwithstanding. Montague, Sydenham, and Jones to be a committee to distribute the moneys received from time to time in their respective proportions. Approved 4 May. With note by Falconberg that nothing has been paid thereon up to 29 Nov. 1654. Also note of an order 19 July 1655. [2 copies. Also I. 74, pp. 78–9.]
[April 28.] 77. Petition of Sir Wm. Balfour to the Protector. Has been at great hazards in the late wars, and has 1,679l. 16s. due to him. Has had no allowance by the Committee of Accounts for his wagons, as all general officers have had, since they are absolutely requisite for carriage of necessaries. Also they defaulked from his pay 800l. freely given him for horse, arms, furniture, &c., when he first began to serve, and they have not allowed to him, as to others, 40 days' pay after the reducement. Begs payment of what is justly due, having no maintenance, and being in danger of arrest by his creditors. With reference to Council, 13 April, and note of an order, 13 Sept. 1655. [1 page.] Annexing,
77. i. Certificate of the Accounts' Committee to the House of Commons, on an order of 17 November 1646, that there is due to him, in balance unpaid of 7,252l. 5s. due for service as Colonel, Lieut-General, General of Horse, and Major,
£ s. d.
On public faith 1,466 17 0
Arrears on his accounts for his service 211 13 0
1,677 10 0
[1 sheet.]
April 28. Note that the petition was read in Council, and laid aside. [I. 74, p. 79.]
[April 28.] 78. Petition of William, son and executor of Ant. Paul, merchant of London, to the Protector. The prizage of wines in London and the western ports was assigned to his father for a large sum by dame Marg. Waller, 28 Aug. 1640, for the remainder of a 99 years' lease granted by King James in 1607 to dame Anne Waller, and with a crown rent of 500l. a year.
Four years ago, the Customs' Commissioners began to charge customs on the said prizage wines, contrary to law, and it was taken off on complaint to the Revenue Committee, and reference to counsel, but since then it has been reinforced by the Customs' Commissioners, disabling him from paying his rent. Begs restoration of the customs unjustly taken, and an order to surcease further charge. With reference thereon to the Customs' Commissioners, to certify why they do not forbear taking tonnage for prisage wines. [1 page.] Also
Report of the said Commissioners that the prizage of wines is contrary to law, and was to make provision for the households of former princes, and allowed the patentee to take 2 tuns of wine from all vessels carrying 20 or more tuns, and 1 tun from those carrying 10 to 20.
That the tonnage and poundage law requires payment of 4l. 10s. on every tun imported, which the Commissioners have not power to remit, but they take the customs before the farmer for prizage takes his wines, and therefore they do not take custom for prizage. 21 Feb. 1653–4. With reference thereon to Council, to direct a speedy and effectual settlement, according to law. 14 April 1654. [1⅓ page, on the same sheet as the petition.]
April 28. Reference thereon in Council to the Treasury Commissioners, to report. [I. 74, p. 80.]
[April 28.] 79. Proposals of Fras. Thomson and Hen. Cannon, purchasers of Windsor little park and meadows, made by order of 9 Feb. 1653–4 from the Committee appointed by Council to treat with purchasers.
We have not in any way impaired the premises by felling timber, &c., but have been at much charge in fencing, grubbing, molehill cutting, and tilling the ground; also we had to sell other estates at under value to complete our purchase, so that our damages amount to 400l.; but we will part with anything we have to accommodate his Highness and the government. With note of 20l. or 30l. spent since in grubbing. [1 page.]
April 28. Order in Council,—on a report by Cooper that the Committee has treated with Fras. Thomson about the purchase of Windsor little park, and he is willing to quit his interest therein, if he may have his purchase money refunded, and liberty to hold the same rent free till next Lady Day, in consideration of money spent by him about the land,—that it be approved, and the Treasuries' Committee learn if the money paid to the Treasurers for sale of the King's lands by the said purchasers be in cash and undisposed of, and if not, consider how money may best be raised, that the purchaser may be reimbursed on his making over his interest to the State. Approved 4 May. [I. 74, p. 80.]
[April 28.] 80. Petition of Mary, Countess of Stirling, John Blount, her husband, Sir Robert Croke of Chequer, co. Bucks, and Susan his wife, Hen. Alexander alias Zinzan, and Jacoba his wife, and Sackvill and Peter Glenham, to Parliament, the countess, Susan, Jacoba, and Peter, being grandchildren of the late Sir Peter Vanlore, and the countess, Susan and Jacoba, heirs of Sir Peter, and of dame Mary, wife of Sir Edw. Powell, deceased.
Sir Peter settled Devizes Castle and Park, worth 600l. a year, and the 1/5 of other land worth 2,500l., on Lady Powell and her heirs, with reversion of the castle, &c. to his heirs, and the 1/5 to the petitioners and his other grandchildren, and Lady Powell died without issue, 6 Oct. 1651, at Chelsea.
Lady Powell and her husband lived apart 15 years before her death, and she was much displeased with Thos. Levingston, a lawyer, who married Anne Cæsar, one of the grandchildren, for taking part with Sir Edward.
In September 1651, during Lady Powell's last illness, Sir Edward and Levingston, knowing that she had a great estate at her disposal, part with, and part without the consent of Sir Edward, contrived to gain it to themselves by unlawful practices. They, with Wm. Hinson, a lawyer, and near relative of Sir Edward, and a justice of peace for Middlesex, with armed guards, entered the house, dismissed all her servants and attendants, suing them on false charges, allowed no access to her friends, and compelled her to make a deed in their favour, granting them the said castle lands, &c. They then brought in Justice Warburton, before whom she levied fines, to their use. She also disposed to them a great personal estate of her husband's, although she had always detested the Levingstons.
They got a sequestered person to certify that Lady Powell was reconciled to her husband, and that they had taken the sacrament together, though the certificate was so suspicious that it was rejected in the Court of Common Pleas, where judges Puliston and Atkins said the practice was foul, but must be relieved by Parliament, being out of their power.
We attended Parliament 1½ years, and they were so far sensible of the foulness of the crime that they excepted it from the Act of pardon, but never had time to hear it. We appeal to you for relief, and beg that these false deeds may be produced and vacated. Signed by all the parties, and by Abraham Van den Bemde. With reference thereon to Council, 13 April 1654. [1¼ sheet.]
[April 28.] 81. Like petition to the Protector, containing a brief summary of the above, and begging relief, which cannot be by any court of justice, but only by appeal to the supreme power. With like reference. [½ sheet.]
April 28. Order thereon in Council that the petitioners seek remedy in Parliament or at law, the case not being proper for Council. [I. 74, p. 81.]
[April 28.] 82, 83. Petition of Nath. Markes, merchant, to the Protector. My sufferings on suspicion of uttering false money in Ireland [see 24 Feb. suprà] have continued 3 years, and though the AttorneyGeneral reports that he has nothing whereon to proceed against me, they increase, by detention of my estate, and papers of accounts between me and other merchants, so that I shall be utterly ruined. I beg discharge and restoration. [2 copies, ½ page.]
[April 28.] 84. Like petition for discharge of estate, and letters and papers both here and in Ireland, and delivery of bail bonds. I was ordered to be discharged on the Attorney-General's report, but the late Council of State having written to the Commissioners in Ireland to continue the seizure of my estate till further order, it will not be discharged nor my papers returned without your order. [1 page.] Annexing,
84. i. Report of Att. Gen. Prideaux that he should be discharged for want of evidence, and no proceedings entered unless other evidence come in. 31 March 1654. [¾ page.]
April 28. Order thereon—annulling the late order of the Council of State,— that his estate be discharged, his papers restored in England and Ireland, and his bail bonds delivered up. Approved 4 May. [I. 74, pp. 81, 82.]
[April 28.] 85. Petition of Peter Blondeau to the Protector's Council, to consider speedily a petition referred to them by his Highness, and the annexed orders, and according to their tenor, to order petitioner to be employed in the Mint, or dismissed and indemnified for his charges and losses, and his expenses in making patterns. 21 April 1654. [2/3 page.] Annexing,
85. i.Orders in the Council of State relating to Blondeau of 2 Feb. 1649–50, 5 Feb. 1650–1, and 15 April 1653.
Also orders in the Mint Committee; viz., 1 May 1651, that as his patterns of coin are better than the present fashion, they should be used if they can be made at a moderate charge.
9 May 1651, that he make proof of his coining invention, bring in the pieces on 3 July with his proposition; be authorised to use the instruments now in Mr. Simons' hands, and to work either in Simons' house or elsewhere, as convenient.
4 July 1651, that he and Simons attend at 8 a.m. tomorrow, and bring Blondeau's newly stamped pieces, and the dies used by him in the work. Also order in Parliament 15 April 1653 that the Council of State report touching the preventing of clipping of money.
With statement that on these orders, Blondeau made 300 pieces, half crowns, shillings, sixpences, and some gold pieces, which Sir Jas. Harrington took to the Council of State when he made his report, and many have been taken by members of Council and of Parliament, and for a long time Blondeau could get none back, but a few were restored after the dissolution of the Parliament. [2 pages.]
April 28. Reference in Council of the petition to the Mint Committee, to which Strickland and Cooper are added, to report. [I. 74, p. 82.]
April 28. 86. Petition of Geo. Warburton, sheriff of co. Chester, to the Protector. It was ordered by Parliament that the sheriffs should keep their courts monthly in the Common Hall of Pleas in Chester Castle, but Chester being visited with the plague, the assizes could not be held there, and the sickness still spreading, the inhabitants cannot safely come to a court within the Castle. Begs an order to keep his court at Nantwich or elsewhere, till it can go back to the castle without danger. With reference thereon to Council, 26 April, 1654. [1 page.]
April 28. Order in Council that Mackworth be desired to prepare an Ordinance accordingly, and present it to Council. [I. 74, p. 83.]
April 28. 87. Petition of William and Mary Denny, prisoners in the Upper Bench, to the Protector. Major John Gunter, Mary's late husband, slain in Parliament service, bequeathed legacies to their children, but the executors, Hum. Gunter his brother, and Thos. Baily his brother-in-law, after getting 700l. of the property, and 20l. worth of apparel into their hands and paying nothing, relinquished the executorship, and Mary unadvisedly took out letters of administration, whereby she became liable to debts on bond of 2,000l., for which they are both put in prison. There is a proviso in the will that if the estate do not pay the debts and legacies, the latter are to be proportionably abated. The State owes petitioners 929l. 6s. on public faith, which with the 720l. unjustly witheld would afford them some relief. Beg orders for payment of both sums, that they may be at liberty "in their old and very aged years." With reference thereon to Council, to order speedy payment of Major Gunter's arrears, as he was of great worth, and slain in the service. 14 April 1654. [1 page.] Annexing,
87. i. Certificate by Edm. Adamson, clerk assistant, that the sums of 720l. 16s. 8d. and 208l. 10s. are entered in the book of the Commissioners of Accounts as due to William and Mary Denny. 1 Feb. 1654. [½ page.]
87. ii. Certificate by John Poyer, mayor of Pembroke, that Mrs. Gunter of Lamphey court, co. Pembroke, gave victuals specified, value 208l. 10s., for the garrison there, between 19 Jan. 1642–3 and 16 Sept. 1644. Pembroke, 19 Sept. 1644. [¾ page.]
87. iii. Public faith bill signed by Rowland Langharne, John Poyer, and 5 others, for payment to Mrs. Gunter of 720l. 16s. 8d. for provisions, &c. given on the security of public faith, with interest at 8 per cent. Pembroke, 30 April 1645. [1 page.]
87. iv. Bill of the aforesaid provisions, received in the time of the greatest trouble. 1 May 1645. [¾ page.]
April 28.
88. Reference of the said petition to Sir A. A. Cooper, MajorGen. Skippon, Mr. Rous, and Col. Fiennes, to examine the alleged debt of 929l. 6s. 8d., and offer the best way for satisfaction, by discoveries or otherwise. [1 page. Also I. 74, p. 83.]
April 28 ? 89. Petition of William and Mary Denny to the Protector, for speedy relief in lieu of the said order, to prevent their utter ruin, as being old and in prison, they cannot make discoveries, or sustain the violent persecutions of their adversaries. [2/3 page.]
April 28. 90. Petition of Art. Ockley, preacher at West Mersey, Island of Mersey, to the Protector and Council, for settlement in his place till further order, the old incumbent, Mr. Woolace, sequestered for scandal, being still living. The parish was 6 or 7 years without a minister, is very unhealthy, and only worth 40l. a year; he was invited by Capt. Burrell, governor of the island, has been there 2 years, and the parishioners desire his confirmation. [2/3 page.] Annexing,
90. i. Request of the said parishioners for his confirmation. Signed by John Smith, churchwarden, and 14 others, 6 of the signatures being marks. 23 April 1654. [1 page.]
April 28. Order thereon granting the petition during sequestration of Mr. Woolace, or till further order. Approved 4 May. [J. 74, p. 84.]
April 28. 91. Petition of the messengers attending Council to Council, for payment of their bills, that they may pay their debts and be able to serve, Mr. Jessop having stated their bills. One was drowned, another died from bleeding in their hazardous journeys, a third lingers in a sad condition, and the rest have spent much money in the service, which they they have had to take up on interest, having received nothing for their journeys for 9 months. [½ page.]
April 28. Order on this petition and Mr. Jessop's report of their disbursements, expenses, and allowances, that Jessop receive their bills, distinguish between the riding charges at 6d. a mile and other demands, and present them to Council. [I. 74, p. 85.]
April 28. 92. Petition of Ant. De la Forest and Alex. de Lastre, French gentlemen, to the Protector, for a pass to transport 10 or 12 geldings, customs' free, for the Baron of St. Lambert. Have both been sent by the baron several times from France to England, on affairs of concern for the State, and been put to long and chargeable attendance, and are now returning till a fit time for effecting the propositions agreed on with the baron. Noted "Not agreed." [1 page.]
April 28. Note of its reading in Council. [I. 74, p. 86.]
April 28. Council. Day's Proceedings.
1. Jones and Strickland to consider a fit place to which to remove the books, papers, and transactions of the late Irish and Scotch Committee from the chair chamber in Whitehall, that they may be reserved for public use.
4. The petition of several persons concluded in Articles whereunto their names are subscribed referred to Lambert, Strickland, Fiennes, and Cooper, to report.
11. That of Col. Thos. Ceely referred to Skippon, Montague, Fiennes, and Sydenham, to report.
13. That of Lionel Beecher, merchant, referred to Cooper, Jones, Sydenham, and Strickland, to report.
16. The moneys due and in arrear to Col. Roseworne out of the Council's contingencies to be made up to one quarter and paid, and a warrant issued accordingly.
19. Thos. Smyth, of Wanstead, Essex, added to the Commissioners for the Monthly Assessment, and authorised to act accordingly for 6 months from Dec. 25, 1653, to June 14, 1654. Approved 4 May, as if his name had been particularly inserted therein.
22. The petition of Christopher Roshe, jeweller, to the Protector, to be made a free denizen, left to his Highness' pleasure.
23. That of John Allured to the Protector, referred by him to Council, referred to Fiennes, Sydenham, and Cooper, to report. [I. 74, pp. 76–85.]
April 28.
Navy Office.
93. The Navy Commissioners to the Admiralty Committee. We are much troubled to see the merchant ships lying in the Hope at such a great charge, and to no purpose; for if his Highness have any design for them, as the common report is, they must come in and fit out again, and you have ships of your own of more importance, lying for want of men who might be had out of those ships, and the charge of freight, wages, and victuals of those officers saved, and also the great vexation and interruption to trade by impressing men might be prevented. [¾ page.]
April 28.
Plymouth Fort.
94. Capt. Thos. Saunders to Gen. Desborow. Coming here lately, I find Anna Trapnell sent prisoner from Cornwall, and by order of Council to be sent to Portsmouth in the first State's vessel for her trial, but there is none likely to go for a long time except commanded, and that I cannot do without order. Should I send one of those here with her and some prisoners of war that are in the castle, to Portsmouth? they are a great trouble to us, being forced to keep a guard of 16 men every night on account of the weakness of the place. [1 page.]
April 29. 94a. Report by Justice Edw. Atkins and Baron Fr. Thorpe on the reference to them of 13 April, of the Act for relief of creditors and poor prisoners, of 5 Oct. 1653. Though some of the powers therein given to the judges may be made serviceable, yet others should be considered, and in 22 particulars named, the powers given to the judges are so large as to put legislative authority into the hands of private men.
1. The rehearing the cause of every prisoner's commitment, and the grounds of their debt and the verdicts against them, by which legal acts of justice may be overthrown.
2. The disposal of prisoners' estates, as tending to overthrow settlements, and cause great unsurety to purchasers, and breed much confusion.
3. The examination of fraudulent conveyances, which are already provided against by the Statutes of 13 and 27 Elizabeth.
4. The imprisoning, liberating, and sending to the pillory, house of correction, or workhouse, at their own pleasure, without legal trial, and without appeal except to Parliament, which is contrary to the fundamental laws of the nation.
Suggestion of 9 heads for a new Ordinance for relief of creditors against debtors who are able but not willing to pay, and for enlarging poor debtors who are unable to pay, but are kept in prison by cruel creditors. Signed. [9 pages.]
April 29. 95. Account by Clement Kinnersley of his expenses in furnishing Sir Abr. Williams' house for the reception of the Dutch, and then of the French Ambassador; total, 25l. 8s. 6d. [2/3 page.] Annexing,
95. i., ii. Bill of Wm. Ridges for hire of 2 beds, one with purple velvet valence and curtains, counterpoint pillow cases trimmed with gold lace, quilt of yellow tapestry, and other bedroom furniture; total, 13l. 2 and 23 March 1654. Receipted. 26 April 1654. [2 papers.]
95. iii., iv. Bill of Ralph Greinder for hire of 2 bedsteads, &c. 8l. 6s. 19 April 1654. Receipted at 6l., 21 April 1654. [2 papers.]
95. v. Like bill of Hen. Creech for 2 beds and furniture, 6l. 28 Feb. 1653–4. Receipted 22 April 1654. [Scrap.]
April 30.
Dalkeith, 2 a.m.
96. Wm. Clarke to Robt. Blackborne. Gen. Monk bids me to acquaint you that Vice-Admiral Lawson has come into Leith Road with the men-of-war, and that now the coasts are clear, he earnestly wishes the Gainsborough may be hastened away with the money, as it is much wanted. Middleton and Morgan continue in the same posture, one in Sutherland and the other at Dingwall, the former not at all increasing his force of 4,000, as, although he has daily accessions, others run away, and Col. Morgan has 2,500. These parts are very quiet and free from any Tories. [¾ page.]
[April.] 97. Reply of Thos. Willis to John Bolles' answer to his petition to the Protector:—
1. In Aug. 1643 I had leave from the late House of Lords to go to my house in Hampshire, but the King's soldiers constrained me to go to Oxford. There I begged the King's leave to return to Westminster, but was refused, yet I returned 8 years ago, a year before the surrender of Oxford.
2. I left Bolles my deputy as clerk of the Crown in Chancery during my absence, but he has no other grant, as he affirms he has.
3. On this ground the late Committee for Petitions refused him the fee of 60l. a year which he asked.
4. I did not desert my office, for I left Bolles, whom I trusted, access to all the books.
5. Bolles was sworn in only by the late Parliament, which is dissolved, and my patent has never been questioned. I therefore beg your Highness for a hearing.
6. I beg restoration to my place, which has never been forfeited by me or my son, with the fees which yet remain unpaid in the hanaper in Chancery, towards my subsistence and payment of my debts. [1 sheet.] Annexing,
97. i Order in the House of Lords that Mr. Willis, clerk of the Crown in Chancery, attend next Wednesday peremptorily. 1 Dec. 1643, [⅓ page.]
97. ii. Order in the Committee to whom the case was referred, some witnesses not being ready, that both parties attend on the 13th, and give in the names of their witnesses. 11 April 1654. [1 page.]
97. iii. List of 8 witnesses to be summoned for Willis and 22 for Bolles, addressed to the Committee, Strickland, and Mackworth. 11 and 13 April 1654. [2 papers.]
97. iv. Order in the Committee that both parties attend with the witnesses named on 21 April, to be examined. 14 April. [Draft, ¾ page.]
97. v. Notes on the above case. 14 April. [¾ page.]
[April.] 98. Ordinance for regulation of the Greenland fishing, that Fras. Ashe and 9 others nominated by the Muscovy Company, Arnold Becke and 3 others by Whitwell, Thos. Medowes and 4 others by Horth, Hum. Beane and 2 others by Batson, and Rich. Eccleston, and Rob. Ostler by the Hull Company, be the Committee to receive the adventurers' lists and securities, direct the ships, settle the dividends, &c., according to the regulations already proposed. [Draft, 6 sheets.]
April ? 99. Petition of Thos. Currey, Thos. Hoskins, John Claydon, and Geo. Norbury, cursitors of Chancery for London and Middlesex, to the Protector. By ancient law, on the suing forth of every writ on actions of above 40l., a fine proportioned to the sum demanded used to be paid to the supreme magistrate, whereby plaintiffs were restrained from demanding more than just debts and damages, and defendants preserved from oppression and unjust imprisonment for want of bail. Half these fines used to be allowed to the Lord Keeper and Master of the Rolls, and the other half given to the cursitors who made the writs, and it came to 500l. a year.
By an Act of 1653 these fines were forbidden, to our ruin, our other profits not defraying our charges. Thus your revenue is impaired, and the Commissioners of the Great Seal paid out of the Treasury, and the ill-disposed can arrest for 10,000l. or 20,000l. as easily as for 100l., and keep the party in prison till he find bail to so large an amount, which causes much more mischief than the payment of those fines. In former times the fines, if paid by all who ought to pay, would have come to 20 times as much. We therefore offer propositions for a great improvement in the revenue, and reformation in proceedings in courts of justice. [¾ page.]
April ? Petitions to the Protector of sundry inhabitants of the Mews, Whitehall, for continuance in their houses, rooms, or sheds there, which they have notice to quit, viz.:—
100. Mary, widow of John Alkin, sumpterman to the late King. Her 2 sons served in the Parliament army, and she has 3 small children. Begs 2 little rooms for herself and them, and for Frances, widow of Rich. Masters, who died through wounds in the service, and she built the room herself. [1 page.]
101. Ellen Foster, widow. Her husband was in the late King's service, and died before the wars, and she built herself, by leave, her shed in the Green Mews; is 60, and has 3 children. [1 page.]
102. Anne, the widow, and the 3 children of Rob. Goswell, groom to the late King, who built a house and stable in the Mews, on ground given him by the King, and being sickly, put his brother William into the house to keep it; but William being dead, Mary, his widow, withholds the house and goods. She is warned to leave, but they beg restoration to the premises, 300l. being due to Goswell for service to the late King. [1 page.]
103. Rob. Granger. Holds 4 or 5 rooms, worth 3l. a year, above the old forge in the Mews, built by his father-in-law, Rob. Trotter, serjeant to the late King, and given to his wife as her portion. Is a poor old barber, with wife and 6 small children. [2/3 page.]
104. Edw. Howard. His late wife's father, who was coachman to King James, built by leave a house in the Mews, and left it to his wife. He served Parliament, and was several times wounded, but Rich. Painter, on an order from the Committee for disposing of the late King's houses, has taken 3 rooms of his house, and threatens to deprive him of the rest, to the undoing of himself and his poor child. Prays an order to the Committee for stay of proceedings. [2/3 page.]
105. Margaret, widow of Gabriel Issingwood, one of the late King's coachmen, aged 80, for self and daughter, Sarah Jack, who has 2 children. There is 800l. arrears due to her husband for service; he built the rooms by leave of the late King, and they are the whole subsistence of the family. [1 page.]
106. Thos. Manley. His father was purveyor for the Mews to the late King, had a house allotted, and spent 200l. in repairs. [½ page.]
107. Giles Pointer and 4 other grooms of the great horse stable to the late King. Built their lodgings over the cross stable and riding house, adjoining the dunghill yard in the Mews; are aged, poor, and have many children. [2/3 page.]
108. Elizabeth, widow of John Sanderson, waterman to the 2 last Kings, who erected lodgings near the smiths' forge, which are the only sustenance of herself and children. Her husband's arrears for service are 500l., and he has only received 6l. the last 14 years. [1 page.]
109. And. Snape, marshal farrier, to the late King and his sons Charles and James. Built 4 rooms over the forge for himself and 14 children, 8 now living. Gave 300l. for his place to Duke Hamilton and Sir Hen. Vane, and has 900l. due for shoeing the late King's horses in 1641–2. [¾ page.] Annexing,
109. i. Snape's bill for shoeing horses from 1 Jan. 1641–2 to last March 1642–3; total, 900l. [Scrap.]
110. Humphrey and Anne Stevens. Had leave to build a little shed in the dunghill yard in the Mews. They are aged and poor, with 2 children, one of whom has been 9 years in the service. [½ page.]
111. Alex. Sympson, surveyor of the stables at Reading to the late King. By warrant from the late Duke of Hamilton, bought a place and house in the Mews, which, with the building, cost him 432l. Has nearly lost his life in the service, and paid all taxes and dues. [¾ page.] Annexing,
111. i. Warrant by James Marquis of Hamilton, quartermaster of the horse, to the surveyor of the Mews, to grant Sympson 20 feet by 14 ground in the Upper Mews. 19 July 1642. [½ page.]
111. ii. Certificate by Edm. Mason, Peter Everett, and Wm. Booth, that Sympson, on 26 March 1645, was surprised by a party of the king's horse at Stokenchurch, and refused to surrender till they were going to fire the house, and he heard the cries of the master and family. That they robbed and stripped, and drove him barefoot to the blind house, Wallingford, where he was twice warned to prepare for death, and had no food but from charity. Also that he was then employed in buying horses for Parliament. 5 Feb. 1651–2. [1 page.]
112. Dan. Winn. Is keeper of both the Mews, by warrant of Lieut.Gen. Fleet[wood], 1 April 1651. Has many certificates of fidelity. [1 page.]
113. Dorothy Woodland and 4 other widows, ages 60 to 80, of servants to the late King, whose husbands built lodgings over the stables in the dunghill yard, and never served against Parliament. Have no other livelihood, and no parish will entertain them without means and security to free the parish from charge. [1 page.]
April. 114. Account by Thos. Biggs, surgeon, for attendance and medicine to sick and wounded men at Deptford, Blackwall, Limehouse, Ratcliff, Shadwell, and Wapping; total 150l. 13s. 6d.; referred by the Commissioners for Sick and Wounded to the Master and Wardens of Barber Surgeons' Hall to certify what should be allowed; their report, 10 April, that 120l. should be allowed; and certificate of Robt. Smyth, 18 April, that the number cured was 218. [Book of 19 written and 7 blank pages.]