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Volume 72: June 1654

Pages 194-232

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

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June 1654

June 1. 1. Petition of John Wood to the Protector. Rich. Braham, delinquent, compounded on the articles of Oxford, holding ⅓ of the subpœna in Chancery, worth 300l. a year. Sir Hen. Vane sen. has received the whole profits thereof for 12 or 13 years, by colour of an order in Chancery, though the office was never in disposal of the Commissioners of the Great Seal, and has converted the profits to his own use, without giving in any account. I beg the allowance prescribed by the Act for my discovery thereof. With reference thereon to Council, the order of restraint notwithstanding, 12 May 1654. [1 sheet.] Annexing,
1. i., ii. Notes in Sir Rich. Braham's case that King James granted the Subpœna office to Lord Gorges and his brothers Sir Theobald and Sir Rob. Gorges for their lives. Lord Gorges sold his part to Sir Hen. Vane sen., Sir Theobald his to Braham, Sir Robert his to Grabham. When Braham became a delinquent, Vane seized on his part, which was never sequestered, held it from 1642 to 1647 without order, and then got an order from the Commissioners of the Great Seal, who had no authority to grant it. [2 copies.]
June 1. 2. Reference thereon by Council to the Committee for the Treasuries. [½ page. Also I. 75, p. 335.]
June 1. 3. Petition of John Tombes, master or warden of Katherine's Hospital, Ledbury, co. Hertford, to Council, that the trustees for sale of Dean and Chapters' lands may forbear to proceed in the sale of the said hospital lands till further order be given. [½ page.]
June 1. Order granting the request till full examination of the matter, as it is still depending before Council. [I. 75, p. 334.]
June 1. Council. Day's Proceedings.
2. Order that, as Wm. Tasborough and John Gillet, 2 warders of the Tower, having in custody Thos. Tudor committed for treason, allowed him through negligence to escape, they be forthwith discharged from their places, and stand committed till further order; the Lieutenant of the Tower to take order accordingly.
3. An Ordinance to be brought in explaining an Ordinance for disposing the estates of several persons in Scotland, in that clause which concerns the donatives to any persons by Parliament, and to extend the same to lands given by the Commissioners by authority of Parliament, as well as to those given immediately by Parliament.
7. The report of the fact in the case of Jos. Rigby's contempt referred to the Committee who brought it in, to consider what should be done, and report. Strickland, Major, and Jones added to the Committee.
8. The report in the case of Col. Sexby referred back to the Committee to learn further his ground of demand, and question whom they please.
9. Col. Heane, Governor of Jersey, not to deliver up or send out of the island Lieut.-Col. John Lilburne, prisoner under his charge at Mount Orgueil Castle, without special order.
10. Order on signification by Secretary Thurloe of his Highness' pleasure, that 200l. a year cash be paid to John Stalham and John Collins, sent to Scotland to dispense the Gospel, as long as they continue there, by the Leith Commissioners, out of the public revenue there; and in order that 50l. may be advanced to each for the expenses of their journey, the Army Committee is to warrant its payment from the money designed for the forces in Scotland, on bills to be repaid to them by the Leith Commissioners.
11. Order on report of the Committee on petition of William and Mary Denny [see 28 April suprà] that the former Committee enquire more particularly about the debt of 720l. 16s. 8d., said to be due on the public faith, and report further.
12. An Ordinance for continuing the Admiralty Commissioners read twice, and agreed to.
13. An Ordinance to give liberty to transport corn, butter, and cheese into foreign parts until Nov. 1 to be prepared by counsel with all speed.
15. Order, on report from the Committee on letters touching persons stayed at ports on the Council's late order, that they be set at liberty to repair to London on business, upon security for their attendance on Council, or the governor or chief officer of the said ports. Annexing,
4. i. Report alluded to, that at Liverpool, many are stayed going to Ireland.
At Weymouth, vessels are stayed as well as passengers.
At Rye, strangers and outward bound passengers.
At Gravesend, Walter Euster an Irish papist, sent up, but no letter about him.
At Dover, a French gentleman with a letter to the French ambassador's lady, and a German with a list of the forces of this commonwealth. Mr. Arundel and his servants, son, and other Roman Catholics, and an ensign in Holland. Nothing about them but a profane poem. John, son of the old Lord Digby, and brother of Lord Bristol, going to France in a shallop with 3 horses, taken without order. Also notes of 11 others, French, Dutch, Spanish, Flemish and English, and query if they are all to be stayed. [2 pages.]
16. Order that the Governor of Dover Castle send up forthwith the German with a list of the forces, and John Digby.
17. Order on a report from Commissary General Whalley, Col. Goffe and others, on a reference of 26 May last, concerning the company of Capt. Step. White, in Sir Wm. Constable's regiment of foot, that as the company had the charge of Chester, Denbigh, and Harding castle, and of Redcastle, and has continued to be mustered at 100 men, the 30 men added be paid from 1 May last, to which time they were continued by an order of 3 April, and be continued to 26 June next. Approved 9 June. Annexing,
5. i. Report on which the said order is founded. 29 May 1654, [1 page.]
5. ii. Capt. Step. White to Lord Lambert. I trouble you on account of the great want of my poor soldiers, and I cannot get an order for them unless you move Council on my behalf. With copy of the preceding report. 1 June 1654. [1 page.]
18. Approval by the Protector of 34 orders, 5–31 May. [I. 75, pp. 334–338.]
June 2. 6. Petition of the messengers attending Council to Council, for payment of their bills for land and sea service, as allowed by former Councils, as petitioned for 6 weeks since, that they may pay their debts and continue to serve. [See 28 April suprà.] Have had no money for journeys for a year, and are ½ a year behind in their salaries. [1 page.]
June 2. Order on Mr. Jessop's report of the bills of the messengers, master of the barges, and Mr. Scutt, amounting to 776l. 1s., that the demand of 6d. per mile for sailing by sea, in the bills of Rowland Faukard, Hen. Symball, Jos. Butler, and Geo. Hussey, be further considered. Also that of the 2 last for 2s. 6d. a stage in riding post, and that the rest of the sums be paid from Council's contingencies. That Mr. Scobell and Jessop speak with the serjeant-at-arms, and propose how to meet the charge of prisoners committed to him. That the master of the barges' bill of 31l. be paid, and also Scutt's bill for 74l. 18s. 6d. for the quarter ended 16 Nov. 1653. [I. 75. p. 340.]
June 2. Council. Day's Proceedings.
1, 2. Wolsley reports amendments to the Ordinance for the assessments, which were read. Order that the assessments shall be at the rate of 120,000l. a month for the first 3 months, and 90,000l. for the last 3. The same Committee to perfect the bill accordingly, and report this afternoon. Approved 8 June.
3. An Ordinance for further doubling 2,000l. on the sale of Dean and Chapters' lands twice read, and agreed to. Approved 9 June.
4. The President reports the Protector's approval of Ordinances for explaining the jurisdiction of the Admiralty, and for continuing the powers of the Admiralty Committee, which are passed, and ordered to be printed and published. Also an Ordinance for paying moneys to Dan. Hutchinson and Mich. Casteel, which is passed.
5. An Ordinance for reviving the Court of the Duchy of Lancaster twice read, and agreed to, and to be presented to the Protector to fill in the blanks with names. Approved 9 June.
10. Hannah Trapnell sent in custody from Cornwall according to an order of Council, and now under charge of the serjeant-at-arms, to be sent to Bridewell, and kept there till further order.
13. The Customs' and Excise Committee to consider Nath. Knight's petition to the Protector, and report.
14. The Commissioners appointed by the 30th article of the Dutch treaty to be at liberty to remove their sittings from Guildhall to Skinners' Hall.
15. Order on information that Col. Rob. Lilburne has sold and is selling quantities of timber for shipping at Newcastle, which will require more horses or oxen for draught than are allowed by the Ordinance for repairing highways, that he be allowed to use as many beasts as he finds necessary, without incurring penalty. Approved 9 June.
16. The 1,000l. agreed by an order of 31 March 1654 to be allowed to the Earl of Mulgrave, in respect of the demolishing of his house, to be paid out of the money coming in from the subscribers of the Yorkshire engagement.
20. Lambert reports what has been done for the sub-division of the 20 persons allotted for the proportions of the shires in Scotland, with the places to meet for their respective elections, one man each.
Shire. Place of Meeting.
Orkney Caithness.
Zetland
Caithness
Sutherland Ross.
Ross
Cromarty
Inverness Thosume.
Elgin Elginshire.
Nairne
Bamff
Aberdeen
Kincardine Forfar.
Forfar
Fife Fife.
Kinross
Perth
Linlithgow Stirling.
Stirling
Clackmannan
Dumbarton Dumbarton.
Argyle
Bute
Ayr Ayr.
Renfrew
Lanark The same.
Midlothian
Berwick
Roxborough
Selkirk Peebles.
Peebles
Dumfries
Wigton
East Lothian
The sub-division of 10 persons allotted for the proportion of the boroughs in Scotland, with the places to meet at for election.
Edinburgh 2 men, the rest 1 man each.
Dornoch Inverness.
Tain
Inverness
Dingwell
Nairn
Elgin
Forres
Bamff Aberdeen.
Cullen
Aberdeen
Forfar Dundee.
Dundee
Arbroath
Montrose
Brechin
Linlithgow Stirling.
Queensferry
Perth
Culross
Stirling
St. Andrew's Couper in Fife, being all boroughs in that shire.
Dysart
Kirkcaldy
Cooper
Anstruther East
Pittenweme
Creel
Dumfermline
Kinghorn
Anstruther West
Inverkeithing
Kilrenny
Brunt Island
Lanark Glasgow.
Glasgow
Rutherglen
Rothsay
Renfrew
Ayr
Irvin
Dumbarton
Dumfries Dumfries.
Sinclair
Lochmaben
Aunand
Wigtown
Kircudbright
Whithorne
Galloway
Peebles Lander.
Selkirk
Jeddart
Lander
N. Berwick
Dumbar
Haddington
Approved 5 June.
28. The Army Committee to prepare an Ordinance for assessments in Scotland.
29. Six warrants for payment of money signed. [I. 75. pp. 339348.]
June 2.
Whitehall.
Council to the Governors of Weymouth, Poole, Southampton, Dover, and Portsmouth, and to the chief magistrates of Christchurch, Shoreham, Arundel, Chichester, and Rye. You are to cause all repairing to your port as passengers, outwards or inwards, to be strictly examined whence they come, whither they go, and on what occasion, search for all their papers, and enquire into their business and affection to the public interest; and on cause of suspicion, detain them in safe custody till further orders, representing the case to his Highness and Council. [I. 75, p. 348. I. 112, p. 29. I. 113, p. 6.]
June ? 7. [The owners of the Marmaduke to the Admiralty Commissioners.] When the Marmaduke was set forth to sea in 1650 for Russia and the Straits, she was worth 5,000l. Being taken in the Straits by Prince Rupert, on the Coast of Guinea some of our men revolted, and brought her home to Plymouth in April 1652, with goods value 1,400l., of which 880l. was given to the men, and the State had 520l. There being then a want of a convoy for Ireland, the Marmaduke was sent, and has continued in that service ever since. As she was not retaken by any in the State's employment, as the State has gained 500l. by her, and as she has been two years in the service, and in all the engagements against the Hollanders, and taken many prizes, we conceive it to be just that our ship should not only be restored to us (as several ships have been) but also that we should have some consideration for the time she has been in the service, which according to the salary allowed to other ships, would amount to 4,000l. The ships which have been thus returned are the Culpepper and the Roebuck, both taken by Prince Rupert, retaken by the State's Fleet, and restored to the owners upon their arrival, the Roebuck only paying 1/8 as salvage; also a ship of Mr. Newland's, of the Isle of Wight, and another of Bristol, retaken from the French, brought into England, and recovered at law without paying salvage. [¾ page.] Annexing.
7. i. List of the 19 owners of the Marmaduke, signed by Gilbert Keate, one of them. [½ page.]
June 2.
Navy Office.
8. Navy Commissioners to the Admiralty Committee. We have examined the claim made to the Marmaduke, surprised by Prince Rupert, and send a list of her owners and their respective shares. After she was taken, she was employed as a man-of-war against the State, but was recaptured by some seamen, who were compensated. By Acts of Parliament in such cases, they were entitled to half her value. When brought into Plymouth, she had 36 guns, and was appraised at 1,926l. 1s. 8d., but when taken, she had only 28, and an abatement being made thereon, her value was 1,804l. 12s. 10d.; the owners should be allowed their respective parts of 902l. 6s. 5d., being half of the appraisement. We cannot say whether they were all well affected; one of them, Capt. Royden, is a malignant. [2 pages.]
June 3.
Doctors' Commons.
9. Admiralty Judges to the Protector and Council. You ask our opinions about the trial of 3 pirates brought in by Capt. Kendall. Unless they are sent to Dorsetshire, to be tried on the commission already issued, we think an Oyer and Terminer commission should be issued to persons in Surrey, with one or more of the Admiralty judges, as is usual. [2/3 page.]
June 5. Council. Day's Proceedings.
1. 10. Six ships of war to be sent this season to Newfoundland, on instructions to be given by his Highness; the Admiralty Commissioners to see that they are forthwith dispatched.
2. 14 ships of war to be prepared for the Western design, with fit supply of victuals, ammunition, and stores, and the said commissioners to order accordingly.
3. Like order for 20 ships of war to be prepared for the Straits.
4. Also for 4 ships which are to go with the 20 ships to the Straits.
5. The fore-mentioned orders to be put under secrecy. [¾ page.] (fn. 1)
June 6. Council. Day's Proceedings.
4. Approval by the Protector of 2 Ordinances of 2 June. [I. 75, p. 350.]
June 7.
Navy Office.
11. Navy Commissioners to the Admiralty Committee. We have considered the petition of Capt. Robt. Swanley, and the rest of the owners of the Harry Bonadventure, as to the freight due for her voyage to the Straits, and gave an account thereof on 25 April 1654; that she was employed with 75 men from 7 December 1652 to 20 April following, and from thence with 110 men to 25 June, when she was taken, being 7 months 5 days, amounting to 3,499l. 10s. 10d. out of which 702l. 14s. 3d. has to be abated for victuals and wages, leaving 2,796l. 16s. 7d. due, of which 2,015l. 10s. has been imprested on account. [1 page.]
June 7. Council. Day's Proceedings, in his Highness' chamber.
1. Order that 800 recruits be added to Col. Barkstead's regiment of foot; also 8 drums, 16 serjeants, 16 corporals, and 10 drummers, to the Protector, Col. Ingoldsby, and Col. Goffe's regiments. The Army Committee to issue warrants for payment.
2–4. The form of an Indenture between the sheriff and electors of persons to represent counties in Parliament read, agreed to, and to be presented to the Protector. Also the form between the sheriffs and burgesses and inhabitants of boroughs; and both being approved by him, put to the question and passed.
5. The form of a pass for ships of the United provinces passed. Order that a certain number of passes be provided, sealed with Council's seal, attested by the clerk of Council, and sent to the ambassadors of the States General, to be disposed of as they see cause. [I. 75, pp. 350, 351.]
June 7.
Whitehall.
Pres. Lawrence to the Sheriffs. The Protector and Council have thought fit that, at the time and place where proclamation is made of the writ for election, the instrument entitled the Government of the Commonwealth of England, Scotland, and Ireland be also read, whereof a copy is enclosed.
P.S. You will receive herewith a copy of an indenture to be returned upon the elections. [I. 75, p. 351.]
June 8. Form of indenture between the sheriff and the electors of county members of Parliament, that—proclamation having been made in every market town in the county within 10 days after receipt of a writ from the Protector to the sheriff for the election of members of a Parliament to be held at Westminster 3 Sept next,—they have freely chosen fit and discreet Knights girt with swords, who have full power to act in Parliament. Proviso that they do not alter the government as now settled in a single person and Parliament.
Similar indenture for election of burgesses of good knowledge and discretion, as members for towns. With orders that both indentures be printed, published, and sent to the sheriffs, to the end that the indentures may be made according to these forms. [4 pages, printed. Collection of Acts, Vol. 2, No. 89. Record Office Library, 498 F.]
June 8. Act for a 6 months' assessment, at the rate of 120,000l. a month the first 3 months, and 90,000l. a month the last 3 months, for maintaining the armies and navies. With lists of some of the Commissioners appointed for its levy. [13 pages, printed. Coll. of Acts, vol. 2, No. 90. Record Office Library, 498 F.]
June 8. Council. Day's Proceedings, in his Highness' chamber.
1. Order that Wolsley be added to the Committee for regulating the Courts of Law and Chancery.
2. Approval by the Protector of the Ordinance for assessments.
4. Order on report from the Committee on the petition of the overseers of Col. Thos. Horton's children [see 3 May suprà], that 1,405l. arrears due to him be paid for the use of his son out of the moneys arising from compositions in Scotland, in full of all demands. Approved 22 June. Annexing,
12. i. Report on which the above order is founded. [Draft, [2/3 page.]
8. The Deputy Governor of Dover Castle to permit M. Beaulieu, lately come from France, and detained at Dover, to repair to London, on engaging to make address to one of the clerks of Council.
10. The Lord President acquaints Council that the Ordinance touching creditors and poor prisoners, being presented to the Protector, was referred to counsel, who have returned it with amendments, and that the Protector has sent it back to Council; upon reading whereof, after some alterations and the addition of 2 provisoes, the same was agreed, and ordered to be presented to the Protector. Approved 9 June.
11. Order that the Army Committee issue a warrant to the Treasurers-at-war to pay to Commissioner Thos. Fowler 5,450l. 4s., on account for 3 months' pay for one regiment of foot and a troop of 150 horse, designed for special service, out of the money for the forces in Ireland, and the order of 26 May for payment to John Alured revoked. Approved 9 June.
12. A letter from the Revenue Commissioners at Leith, dated June 1, concerning the revenue of Scotland, referred to the Scotch Committee, to report.
13. Order on Wolsley's report from the Committee on the petition of the Governor and Company of Merchants trading to Russia, that some fit person recommended by the merchants be sent at their charge to the Emperor of Russia as the Protector's agent, to restore and settle the trade between England and Russia according to ancient privilege. Approved 22 June.
14. The petition of Sir John Glanville, serjeant-at-law, referred to Sydenham, Desborow, Cooper, Strickland, Rous, Jones, Mackworth, and Fiennes, to report.
15. On consideration of the Earl of Antrim's petition for his liberty whilst attending to represent his condition, it was not thought fit to advise that his petition be granted.
16. Cooper, Pickering, and Strickland to give fit instructions to prevent breach of the peace between Sir Wm. Farmer and Mr. Digby by their engaging in any duel.
18. The Treasury Committee to consider on what treasury 2,000l. may best be charged for supply of the Council's contingencies.
19. Pickering, Strickland, and Jones to examine 2 bills of Mr. Downam, upholsterer, of 489l. 5s. 9d. and 67l. 16s. for goods to furnish chambers in Whitehall, that a warrant may be issued for payment.
20. An Ordinance to authorise the Treasurers at Haberdashers' Hall to pay money on warrants from the Commissioners there referred to Mackworth, Strickland, Wolsley, Fiennes, and Pickering, to report.
21. Mr. Embree, surveyor, and Mr. Waterhouse, his Highness' steward, to learn what claims are made to any privileges at Hampton Court by virtue of letters patent from the late King, and as they shall see cause to advise thereon with counsel, and report.
22. Jehan Baptist Vandergowse, sent up by the Deputy Governor of Dover without a charge, to be forthwith discharged.
23. Commissary Gen. Whalley and Col. Goffe to examine Mr. Digby, who endeavoured privately to get to sea, and the German gentleman with whom was found a list of all the forces of this commonwealth, both sent up in custody from Dover. The serjeant-atarms to keep them in custody meanwhile.
24. Whalley and Goffe, being justices of peace for co. Middlesex to examine Charles Rich and Mr. Poltney, touching a late quarrel between them, and a challenge made, and to proceed according to law.
26. Three warrants for payment of money signed. [I. 75, pp. 351–356.]
June 8.
Doctors' Commons.
13. Dr. Walter Walker to Mr. Jessop. I have often asked the late Council of State whether ships belonging to subjects of Denmark should be charged as reprisals or not, but could get no order.
In the late peace with the Dutch, Denmark is, in such sort as the articles express, taken into the treaty, so that the question is at an end for the time to come. But there is one case now on hand, and another coming on, about which I want to know whether to proceed; and if so, I must have an order by next Wednesday, or the Court cannot, by the rules of justice, further detain the ship, but must release it as free. [1 page, holograph.]
[June 9.] 14. Petition of Rowland Place, high sheriff, and the inhabitants of co. Durham, to the Protector, for a special Ordinance for holding assizes and gaol delivery at Durham, by the judges appointed from time to time for the northern circuit. There are many felons in the gaol, many actions very long depending, and settlement of estates imperfect for want of levying fines and suffering recoveries; the prisoners are a great burden and disturbance, and nothing can be perfected without assizes, this being a county palatine, and none held there the last 2 years. [¾ page.] Annexing,
14. i. Certificate by Sir Th. Widdrington, and John Lisle, Commissioners of the Great Seal, Sir Hen. Vane, keeper of the Records, co. Durham, and Hugh Windham, late judge of assize in the northern circuit, to the great need of assizes on the grounds named above, as the sheriff can hardly keep the prisoners safely, and there has been but one assize the last 4 years. [1 page.]
June 9. An Ordinance enabling the said judges to hold assizes and gaol delivery at Durham read, passed by his Highness and Council, and ordered to be printed and published. [I. 75, p. 360.]
June 9. Council. Day's Proceedings.
1. Order that Commissary Gen. Whalley and Col. Goffe forthwith order the removal of those who were apprehended on last night's search, and are now confined in the under-mentioned places, viz.,— those in London to Guildhall. or where the Lord Mayor shall appoint; those in the Tower liberty, Southwark, and Lambeth to the Sessions House in Southwark; those about Holborn, St. Giles's, Islington, St. John's, and Westminster to the painted chamber and the Mews,—that they may be examined by the persons authorised. Also that guards be appointed to secure them.
2. Order that the said persons be strictly examined as to their names, quality, condition, business, dwelling, time they have been in London, whence they came, and on what occasion, and all other circumstances.
3. The performance of that service committed especially to the following:
For those apprehended in the city of London:
The Lord Mayor.
Ald. Tichborne.
Ald. Eastwicke.
Ald. Foote.
Ald. Andrews.
Ald. Frederick.
Col. Owen Roe.
For the liberty of the Tower, Southwark, and Lambeth:
The Lieutenant of the Tower.
Francis Allen.
Cornelius Cook.
Col. Hardwick.
Mr. Waterton.
For Holborn, Islington, St. John's, Clerkenwell, Sepulchre'swithout, Cripplegate-without, and thereabouts:
Col. Grosvenor.
Josias Barners.
Major Robinson.
Major Heynes.
Seriff Biggs.
Col. Wm. Bosseville.
Lieut. Col. Cobett.
Mr. Cresset.
Col. Berry.
Mr. Lisle.
For Westminster, Covent Garden, and thereabout:
Com. Gen. Whalley.
Col. Goffe.
Adjutant Gen. Nelthorp.
Capt. Blackwell.
Thos. Fauconbridge.
Mr. Sherwin.
Lieut.-Col. Worsley.
Mr. Martin.
Mr. Stockdale.
4. That in their examination of the persons apprehended, they are to try to discover if any of the following are of their number:
Col. Phillips, who escaped from the Tower.
Col. Chas. Finch.
Maj. Thos. Henshaw.
Mr. Bowers.
Col. Deane.
Maj. Hardcastle.
Thos. Mayrhood or Mayhart.
Henry Browne.
Capt. Levinston.
— Seagrave, a Papist.
And if any of the above be discovered, their safety is to be looked to.
5. On the examination of all the above, Commissioners are to classify them as follows:
Irishmen.
Persons who have acted against the commonwealth since 1648.
Officers who have served against Parliament and are come from beyond sea since Dec. 1653.
Foreigners.
Persons who have no visible means of subsistence.
Persons called hectors, common gamesters, common tavern haunters, and idle persons, and such as can give no good account of their calling.
Papists.
Officers heretofore employed against Parliament, who can give no good account of themselves.
Suspicious persons on any particular consideration.
6. The Commissioners to make a particular return to the Protector as soon as possible.
7. Several copies of this order to be sent to the Lord Mayor of London, Lieutenant of the Tower, Col. Grosvenor, and Commissary Gen. Whalley, for those appointed to effect the service.
8. Lieut. Hacket, now under guard at Whitehall, to be discharged.
9. A license granted by the Protector, at request of the Governor of Dieppe, and petition of the fishermen there, for Nich. Covet of the St. Adrian to enter the seas between England and France, and fish at the usual times and places, without trouble or molestation.
10. Approval by the Protector of 3 orders. 1–8 June.
12. Also approval of 3 Ordinances, which are passed, and to be printed and published. [I. 75, pp. 358–361.]
June 9. 15. Petition of Michael Crake, water bailiff of Sunderland, to the Protector, to confirm an order, as given below. With reference thereon to the Admiralty Committee. [1 page.] Annexing,
15. i. Order of the Earl of Northumberland, Walter Earle, and Gyles Green, late Admiralty Commissioners, directing Crake,—as the Wear is in danger of being spoiled by shipmasters coming to Sunderland for coals, emptying their ballast within the full sea mark, and thereby stopping up the river—to see that the collectors of that port withold their dockets clearing such ships, until they receive a certificate from the water bailiff as to where their ballast has been laid, as is done at Newcastle. The bailiff not to take more than the usual fees, 12 May 1654. [¾ page.]
June 10.
The Fairfax, Downs.
16. Vice-Admiral Jno. Lawson to the Generals of the Fleet, Whitehall. According to order the Laurel and Torrington have sailed for Portsmouth, the Rosebush for Chatham, and the Adam and Eve and Bridgewater will follow, as directed by Gen. Penn. The Centurion and Gillyflower have come in, having been a convoy to the Brighthelmstone fishing boats, whose fishing season has expired. I enclose the examinations and result of the council of war respecting disorders committed on the Black Raven. I have sent the ship to Woolwich for orders. [1 page.] Annexing,
16. i.-vi. Interrogatories and examinations thereon of Capt. Ric. Thurston, commander, and the officers of the Black Raven, taken at a council of war held on board the Sovereign, as to the abandonment of the ship at sea, while on a voyage to New England, as being unfit for further service; also as to drunkenness and embezzlement of wine on board, belonging to Major Sedgwick, commander of the squadron, by Thos. Young and Henry Stocker, midshipmen, Nicholas Smithson, a soldier, and others. With the answers of Young, Stocker, and Smithson that the Major condoned their offences at a council of war in Fyall Road. [7 papers.]
16. vii. Order in a Court-martial held on board the Sovereign, to investigate charges of embezzlement, drunkenness, and mutiny on board the Black Raven, then commanded by Major Sedgwick, now going to New England; that as the parties implicated were tried by a council of war at Fyall, when the Major condoned their offences, and as he has not entered any complaint against them the court can not now take cognizance thereof. 10 June 1654. [2 pages.]
June 12. Council. Day's Proceedings.
1. Col. Jones reports an Ordinance for establishing a High court of justice, which was read, and committed to Mackworth, Wolsley, Strickland, and Jones.
2. The Ordinance touching the Admiralty and Navy Commissioners, as amended by the Committee, read and agreed to.
3, 5. The petition of the Governor and Fellowship of Merchant Adventurers of England referred to the Commissioners for the Danish treaty, to make just provision for their satisfaction. Also that part of a paper annexed, concerning prohibiting persons from trading in those parts who are not free of the said fellowship, and the payment of duty by such as are free; they are to hear both parties and report.
4. The petition of the mayor, aldermen, and citizens of Bath, co. Somerset, for making the River Avon navigable, referred to Rous, Major, Sydenham, Desborow, and Cooper, to report. [I. 75, pp. 361, 362.]
June 12. 17. Report by Thos. Fauconberg, on a reference 29 May, of the petition of Wm. Watts, late woodward of Surrey [see 2 March 1654], that from 1634 to 1645 he only acted as deputy to Rich. Watts; that he held the office from 1645 to 1649, when he was dismissed for cutting down wood without leave, but has had several sums by way of charity; that the allowances he claims are not due, and if an account of his receipts from sales of wood could be had, he would be found indebted to the State; but that it would stop his clamour if a small sum were allowed him in full of all demands. [4¾ pages.]
June 13. 18. Petition of Nath. Byfield, minister of Silverton, co. Devon, to the Protector and Council. On the sequestration of the rectory, was placed there by the county Committee with a salary of 120l. from the rectory; on non-payment, appealed to the late Committee for Plundered Minsters, who fully settled him in the rectory. On the dissolution of the late Parliament, the county committee, by influence of some amongst them, since laid aside, granted 120l. a year out of the rectory to Rich. Bryan. Complained to the Council of State, and was confirmed, and at a trial at law, Bryan's order was declared invalid. Yet Bryan has obtained an instrument from the Commissioners for Approbation of Ministers, who knew nothing of petitioner's interest, and who say they cannot revoke their instrument without power given. Begs relief to prevent his utter ruin, and to be quieted in possession of the rectory. [1 page.]
June 13. Reference thereon to the Commissioners for Approbation of Ministers, to examine the respective claims, and give just order for Byfield's relief. Approved 22 June. [I. 75, p. 365.]
June 13. 19. Petition of John Yaxley, minister of Kibworth, co. Leicester, to Council. Wm. Hunt, the late rector, being sequestered for delinquency, I was settled by the Committee for Plundered Ministers, and confirmed by the Committee for Sequestrations, and have enjoyed the rectory quietly for 7 years, but now Hunt sues me for possession, and the trial is to be next assizes. He appealed to the Committee for Sequestration, 6 Aug. 1645, but has not prosecuted his appeal. I beg stay of proceedings, and confirmation in the rectory for life. [¾ page.]
June 13. Order thereon that Yaxley be confirmed in the rectory till further order. Approved 22 June. [I. 75, p. 367.]
June 13. Council. Day's Proceedings.
1. The Ordinance for establishing a High Court of Justice, as twice amended, to be presented to his Highness.
2. Order that—as writs are issued to elect 4 members of Parliament for co. Hunts, 4 for co. Cambridge, and 2 for the Isle of Ely, on the same day, and as the sheriff cannot be present in all 3 places, —he may send deputies. Approved 19 June.
3. Like order for the sheriff of co. York, 6 members having to be chosen for the West Riding, 4 for the East, and 4 for the North. Approved 19 June.
4. Like order for the sheriff of co. Hants, 8 members having to be chosen for the county, and 2 for the Isle of Wight, to attend in the said Isle by deputy. Approved 19 June.
5. Like general order for the sheriffs where elections are on the same day, to attend personally at one place, and by deputy at the others. Approved 19 June.
6. Writs of habeas corpus being often issued to demand prisoners committed by his Highness and Council, Fiennes, Cooper, Lambert, Strickland, and Mackworth are to consider what should be done in such cases, consult with counsel, and report.
10. Fiennes, Jones, and Wolsley to consider the information against Thos. Wilkes and Pansey Brograve, for words spoken against the Protector, to examine witnesses, and report.
11. An Ordinance for an assessment on Scotland being twice read and some blanks filled up, referred to the Army Committee, to consider if the last clause correspond with the instructions given to Gen. Monk, and if the former assessment expire on June 24, and to report.
13. Order on Col. Jones' report that Mr. Waterhouse, his Highness' steward, had certified the particulars and price of goods delivered for his Highness' use by Francis Downham, the upholsterer, that the clerks of Council cast up the said bills, and on adjusting the same, and subscription of them by Waterhouse, a warrant shall be issued for payment out of Council's contingencies.
15. Order on a certificate sent in by Col. Pride,—that provision is made of 203 tents for 218l. 4s. 6d. for his own regiment, besides the 1,000 provided by the Ordnance officers; for payment whereof, and for shoes for Col. Alured's forces, 13,000l. was delivered to the Admiralty Commissioners,—that so much of the 13,000l. as remains, after payment for the above, shall be employed towards the 218l. 4s. 6d., and the rest shall be satisfied out of Council's contingencies.
19. The Ordinance for establishing a High Court of Justice passed, his Highness' approval being signified.
21. Order—on information that Wm. Bartlet is settled in the sequestration of Bideford rectory, co. Devon, by an order of the late Committee of Plundered Ministers 1648,—confirming him therein, and the mayor and justices of Bideford are to give him fit help to recover his dues. Approved 22 June.
22. An Ordinance for continuing the Commissioners for ordering the affairs of the Admiralty read, approved, and to be presented to his Highness, and his approval being received, passed for law. [I. 75, pp. 363–367.]
June 14. 20. Petition of Lawrence Wright, M.D., patron of Henham vicarage, Essex, to the Protector. The vicarage is only worth 50l., the parish large, and long destitute of a preaching minister; has lately obtained one approved by the Committee for Public Preachers, but is in danger of losing him for want of maintenance. Begs 50l. a year from the trustees for ministers, as the augmentations of 30l. to Mr. Latham of Stifford and 34l. to Mr. Ball of Fornes Pelhams, co. Herts, cease, by both being settled in other livings. [1 page.]
June 14. Order granting the 30l. lately paid to Mr. Latham. Approved 22 June. [I. 75, pp. 369, 390.]
June 14. 21. Petition of John Ireton, alderman, and John Humfrey, citizen of London, to the Protector. In 1644, we laid out 90l. towards making London. House a prison, and had therefor an old stable, on which we spent 286l. to make it a warehouse; but on the Act for sale of Bishops' lands, it was valued at 30l. a year, and we had to buy it at 12 years' purchase, though before it was only worth 3l. a year. The contractors for sale could not relieve us, but the Committee for Obstructions drew up a report to be presented to Parliament, which we beg may be confirmed, and the premises conveyed to us on paying the remainder of the purchase money. With order thereon that the contractors pass the conveyance, or certify, 30 Jan. 1653–4, and reference to Council, 3 May 1654. Annexing,
21. i. Report by the Committee for Obstructions to Parliament, that the 90l. and the 286l. named in the petition should be allowed in defalcation of the purchase money. 7 Aug. 1650. [1¼ pages.]
21. ii. Copy of parcel of the survey of the part alluded to of the Bishop of London's palace. [3½ sheets.]
21. iii. Certificate by the contractors for sale of Bishops' lands, that by their rules they are not empowered to grant reprizes, but must sell at the value returned by the surveyor, which caused the report to be made to Parliament but nothing was done upon it. Gurney House, 24 Feb. 1653–4. [12/3 pages.]
June 14. Reference thereon by Council to Cooper, Mackworth, Desborow, Skippon, and Rous, to report. [I. 75, p. 370.] Annexing,
22. i. Report that the contractors should be authorised to grant a reprize for 376l., being the 90l. and the 286l. alluded to, out of the payment of the residue of the money on the contract. [1 page.]
June 14. Council. Day's Proceedings.
1. 23. Mackworth, Wolsley and Cooper to consider Ed. Dendy's desire to be indemnified in relation to his concernments in the prison of the Upper Bench, and to report.
3. Wolsley, Lambert, Rous, Skippon, and Major to consider the best way to prevent tumultuous meetings of persons on pretext of Quakers or otherwise, and to report.
4. 50l. to be paid yearly, out of the revenues for maintenance of ministers, to John Clerke, minister of Hungerford. co. Wilts, out of the impropriate rectories of Melksham, Durnford, and Netherhaven. Approved 22 June.
6. The Ordinance for impowering the Treasurers at Haberdashers' Hall to pay money on warrants from the Commissioners there to be considered to-morrow.
8. The petition to his Highness of the nobles and gentlemen of Scotland fined by the late Act of grace, referred by him to Council, referred tothe Scotch Committee, to report.
9. Order on a report from the Committee for preservation of Customs, on the petition of John Langham, late alderman of London, about the import of goods of his now in Holland and Flanders, that it be laid aside, as contrary to the Act for Navigation. Annexing,
24. i. Report alluded to, that the allegations of the petition are true, but that all persons exporting foreign goods, and receiving back half the custom, should pay the full custom on re-importing them, and that the precedent of their re-admission on half custom would be very prejudicial to the revenue. Also that as the import is contrary to the Act for Navigation, it would be a favour to import the goods at full customs. 2 June 1654. [¾ page.]
10. 25, 26. The Admiralty Commissioners to order that all brass guns, demi-culverins and upwards, in Guernsey be put aboard the State ship there and brought to England, and then disposed of as best for their security and the service, a sufficient number of iron guns being sent to Gurnsey in their place. Approved 22 June.
11. The report from the Committee on Mrs. Anne Howard's petition referred back to the same Committee, to consider further.
12. 27. The Admiralty Commissioners to treat with the man who offered brass guns for sale, as certified by Major-Gen. Lambert, and report.
13. The draft of an Ordinance for reviving the powers of the Commissioners at Haberdashers' Hall, as to the Yorkshire engagement, read, approved, and to be presented to his Highness.
16. The Ordinance for regulating Hackney coachmen now read and the blank filled up, approved, and to be presented to his Highness.
17. The Ordinance for ejecting scandalous ministers to be read to-morrow.
18. Jones, Mackworth, Cooper, and Wolsley to bring in an Ordinance for passing the accounts for church livings in Wales.
19. An Ordinance for licensing the export of corn, butter, and cheese, prepared by counsel, read, and committed to Cooper, Rous, and Jones, to report.
20. An Ordinance concerning the draining of some surrounded grounds in Norfolk and Suffolk referred to Mackworth, Wolsley, and Cooper, to report.
21. The report of the Committee on Wm. Blaxton's petition to be considered to-morrow.
22. The draft of a Commission to authorise Commissioners to proceed in ecclesiastical matters in Scotland committed to the Scotch Committee.
23. A Commission to Col. Fenwick, Geo. Smith, John Swinton, Wm. Lockhart, Ed. Moseley, Lord Southall, for administration of justice in civil matters in Scotland, read and approved, and to be presented to the Protector.
24. Also a commission to the same Commissioners for administration of justice in Scotland in criminal matters. [I. 75, pp. 368372.]
June 14.
Whitehall.
Pres. Lawrence to Col. Saunders in Derbyshire. Council has received information of tumultuous meetings lately held in co. Derby by persons under the name of Quakers, which may give opportunity to the disaffected to prosecute designs prejudicial to the public good. They therefore recommend it to your care to scatter such meetings, and in future to prevent them if possible. If you find any whose notorious disaffection to the present Government, or former adherence to the enemies of Parliament, render them justly suspicious, you shall apprehend and secure them till further order; and for your speedy and effectual execution of the same, you are to use any of the forces under you. [I. 75, p. 373.]
June 14.
Whitehall.
Pres. Lawrence to the Governor of Gloucester. Council has received information that several persons of Winchcomb and thereabouts oppose the execution of the Ordinance for destroying English tobacco, and have tried to make that opposition good with armed force of horse and foot, which not only being reflexive upon the honour of the supreme power, but also hazardous to the public peace by giving the disaffected advantage to assemble riotously, they recommend it to your care to suppress all tumultuous meetings on that or any other pretence, and to find out and arrest the ringleaders, and for that purpose to call to your help the troop of horse in co. Gloucester. [I 75, p. 374.]
June 14.
Whitehall.
Pres. Lawrence to the Commissioners for executing the Ordinance for preventing the planting of tobacco. On information that persons of Winchcomb and thereabouts oppose the execution of your Ordinance to prevent the planting of English tobacco, Council has directed the Governor of Gloucester to suppress all riotous meetings on that or any other pretence, and commands you to apply to the justices and sheriff of peace in that county to interpose their authority according to law, to suppress those disturbances and arrest the ringleaders. On fit application from you, the sheriff and justices are required to give their assistance. [I. 75, p. 375.] Annexing,
28. i. Report that a quantity of tobacco in Gloucestershire has been destroyed, but the Commissioners durst not destroy any about Winchcomb, as the people raised 300 armed horse and foot to fight the troop, and they intend to induce other places to join them in their resolution, saying they were bred to the trade, and if they lose it, they will lose their lives. They buy up all the tobacco plants, and declare they will plant again for all that is destroyed. They have sent agents to London from whom they expect redress. The work cannot be effected in those parts without a good force, and if it be checked, what is done will be to no great purpose. 11 June 1654. [1 page.]
June 15. 29. Petition of Thomas Lord Savage to Council, for a pass to Yorkshire, with 6 servants, horses, and arms, having to go on account of the death of a friend, and being unwilling to travel without leave. [1 page.]
June 15. Order granting the pass to go and return. [I. 75, p. 377; I. 112, p. 37; I. 113, p.14.]
June 15. Council. Day's Proceedings.
1. Cooper, Mackworth, Sydenham, and Jones to be a committee to speak with counsel concerning the business of the High court of justice and the trial of the Portuguese, so that both may be put in a speedy way of proceeding without interfering with each other. Counsel to attend both, and the committee to meet this afternoon.
2. The 2 lord chief justices, and the rest of the judges and barons of Exchequer to be requested not to leave town till further order.
3. Col. Scrope and Major Packer sent to Gloucestershire to appease the business touching planting tobacco; Major-Gen. Lambert and Gen. Desborow to give them instructions.
4. A draft of an Ordinance prepared by counsel by his Highness' command, touching the receipt of the Exchequer, read and committed to the Committee that brought in the former Ordinance thereon.
5. An Ordinance of explanation touching the repayment of moneys deposited with or unduly received by the Guildhall Treasurers, without amendments, received, read, and to be presented to his Highness.
6. Amendments to the Ordinance for quieting scandalous and ignorant ministers and schoolmasters read, and the debate adjourned till to-morrow. [I. 75, pp. 375, 376.]
June 16. Council. Day's Proceedings.
1. 30. The Admiralty Committee to order forthwith the speedy fitting of 17 ships and 2 fireships named, and their furnishing with victuals of all sorts to go to sea.
2. Also to provide for 3,000 men for 8 months to be put on board these ships, over and above the men who man them. (fn. 2) [1 page.]
June 19. 31. Petition of Col. Hugh Bethell, high sheriff of co. York, for the year ending Michaelmas, 1653, to the Protector. Begs renewal of the Act of 15 Feb. 1648–9, granting sheriffs allowance of the expenses incurred in passing their accounts in the Exchequer. They are allowed their disbursements at assizes and sessions, and several orders of the Revenue Committee allow these expenses; but since the power of that Committee expired, the allowance has been refused, and thus all the sheriffs of England are hindered in passing their accounts, which they must do this Trinity term, or their estates are liable to seizure. With reference thereon to Council, to give speedy order for their relief, but to take care there be no diminution of the public revenue, for which the sheriffs are to account. [1 page.] Annexing,
31. i. Order in the Revenue Committee for allowance by Mr. Fauconberg, Collins, and Wilson of all ordinary disbursements of sheriffs. 10 May 1648. [1 page.]
31. ii. Like order that Thos. Shadwell, instead of Auditor Collins, with Mr. Wilson, the Committee's solicitor, cast up the sheriffs' charges in passing accounts, and the notes of receipt thereof, and certify them to Thos. Fauconberg, Receiver-General, that he may deduct them from their payments, 19 May 1653. [1 page.]
June 19. Order in Council on the above petition, that Receiver-General Thos. Fauconberg, Thos. Shadwell, auditor, and Rob. Wilson, solicitor to the late Revenue Committee, be authorised to cast up the charges of the sheriffs of the several counties of England and Wales, for passing their respective accounts in the Exchequer, and the notes of receipt under the hands of the officers, according to the Act for more easy passing the said accounts; and what sums then appear to have been paid by the respective sheriffs for charges of passing their accounts, as also all such ordinary disbursements as they find according to the ancient allowance of the Exchequer, shall be paid or deducted out of such moneys as they pay the ReceiverGeneral, who is hereby authorised to make payment or deduction. Approved 22 June. [I. 75, p. 377.]
June 19. 32. Petition of Col. Rob. Venables to the Protector. I have been 5 years in service in Ireland under you without seeing my native soil, and thus have suffered much in my small fortunes; I have debentures for my arrears of 3,000l. on Irish lands, for planting of which I have had overtures from several in England; I beg that they may be speedily set forth, according to the rates in the Act, in Kildare or Catherlough, or in church lands, as near as may be to Cheshire, where I have relations and interest. With reference thereon to Council, 24 May 1654. [1 sheet.]
June 19. Reference thereon by Council to Lambert, Sydenham, Wolsley, Strickland, Mackworth, and Rous, to report. [I. 75, p. 379.]
June 19. 33. Petition of Geo. Smyth, gent., to Council, for a pass for himself, servant, and one horse to go to France and return. [⅓ page.]
June 19. Order thereon that the pass be denied. [I. 75, p. 381.]
June 19. Council. Day's Proceedings.
1. An Ordinance appointing justices of assize for co. Lancaster read, and agreed to.
3. Order on petition of Ed. Eluines, alderman of Worcester, that an Ordinance be prepared that 600l. be raised out of the estates of such delinquents in co. Worcester as assisted the late King of Scots in the engagement at Worcester, and be paid to the said Eluines. Mackworth to bring in the same.
5. Order on his Highness' pleasure being signified, that the Earl of Mulgrave be admitted one of his Council.
6. Counsel to attend Lord Chief Justice Rolle, that they may confer on the best way to execute the Commission of Oyer and Terminer for trial of Don Pantaleon de Saa, and the rest concerned in the business at the New exchange.
7. Order on Ambassador Whitelock's letter of May 20, 1654, Stockholm, certifying that on his departure thence he was forced to take up 1,523l. for his expenses, which he made payable to John Carlton, merchant, that the Customs' Commissioners pay 1,523l. to Whitelock's agent. Approved 22 June.
8. The Ordinance for ejecting scandalous ministers to be proceeded with to-morrow.
10. The petition of Lord Broghill and Col. Chidley Coote, in behalf of such as faithfully adhered to the commonwealth in Ireland before June 1649, whether now in the army, disbanded, or cashiered for any misdemeanor not rendering them incapable of receiving their arrears, referred to Lambert, Sydenham, Fiennes, and Wolsley, to report.
11. The draft of an order presented on Lieut.-Col. Worsley's desire, concerning the office of clerk of the peace for the co. palatine of Lancaster, referred to Desborow, Wolsley, Skippon, and Rous, to report.
13. The report from Justices Atkins and Hales on the difference between Lord Herbert and Mr. Batchelor to be debated next Wednesday morning.
17. A pass for Lady Lake and her servant to go beyond sea, moved and denied.
18. 11 warrants for payment out of the Council's contingencies to the officers at Whitehall, and others, signed.
19. Mr. Strickland to learn his Highness pleasure concerning the officers about Whitehall, that Council may proceed in reference to their future employment and warrants.
21. 34. The Admiralty Commissioners to certify to what time Commissary Dobbins was employed in shipping provisions for Scotland and Ireland.
22. Approval by the Protector of 4 orders of 13 June. [I. 75, pp. 377–383.]
June 19.
London.
Levant Company to Rich. Lawrence [agent at Constantinople]. Yours of 10 Feb., 15 and 17 March, and 5 and 20 April, show Sir Thos. Bendish's refusal to introduce you into your agency, and his taking upon him the office of ambassador, against which, on behalf of the Commonwealth and this company, you have protested. This occasions us to second a former petition to his Highness to approve Rich. Salway as ambassador, to be sent speedily away. Meantime spend not our money in contending with Bendish, but let him answer his opposition when he comes home. We will order the Smyrna treasurer to supply you as agreed. We approve your choice of a new treasurer, if you are received into your agency; if not, we desire to be eased of that charge. [Levant papers, vol. 4, p. 225.]
June 20. Council. Day's Proceedings.
1. The following Commissioners appointed for several services, viz.:
Mackworth for the law.
Wolsley
Strickland
Fiennes for treaties with foreign ministers.
Lawrence
Pickering
Cooper
Lambert for safety and examinations.
Sydenham
Jones
Skippon for religion.
Major
Rous
Desborow for the treasuries.
Sydenham
Montague
[I. 75, p. 384.]
June 21. Ordinance by the Protector and Council for bringing the revenues of the commonwealth into one Treasury, viz., the Exchequer at Westminster, in order to reduce the charges of multiplicity of treasuries, and after 24 June next, all payments to be made to the Exchequer by all commissioners, treasurers, trustees, or other officers, and moneys to be issued by warrant of persons to be appointed by his Highness' patent, who shall have moderate fees and all the privileges of their place, but shall not receive gifts on pain of losing their places. All sums to be paid by warrant of the great or privy seal. The issuing of the money named in the 29th article of the Act of Government not to take place without consent of Parliament—or, in the intervals of Parliament,—of the Protector and the major part of his Council. Provided this do not extend to the revenues of Ireland, nor the possessions of the Protector or his successors. [Printed Excise Coll., pp. 136–140, Vol. 98, Jan. 1655.]
June 21. Council. Day's Proceedings.
1. Order on petition of Thos. Bendish and Thos. Dunne, on behalf of Great Yarmouth, that the town proceed in its election of burgesses according to the instrument called the Government of the commonwealth of England, Scotland, and Ireland.
2. An Ordinance for bringing the public revenues of the commonwealth into one treasury read, amended, passed by his Highness, and ordered to be printed and published.
3. Also an Ordinance appointing who shall be justice of assize for the county Palatine of Lancaster.
4. An Ordinance of explanation touching moneys unduly received by the Treasurers at Goldsmiths' Hall passed. Also an Ordinance to empower the Sequestration Committee to proceed on an order of Parliament of June 16, 1649, touching divers engagers in co. York.
5, 6. Lord Chief Justice Rolle to go the western circuit, and Baron Pepys to go the Essex circuit, without incurring any penalties.
7, 8. The Commissioners appointed for the High Court of Justice who have not taken the oath directed to attend the Commissioners of the Great Seal at 3 p.m. at the Parliament Chamber, Middle Temple, to take the oath, or show cause to the contrary, and to meet to-morrow afternoon, to put in execution the powers committed to them. [I. 75, p. 387.]
June 22. 35. Petition of Jas. Powell, of Bristol, to Council. The Council of State granted me 2 warrants to Leman and Blackwell, one of 25 June last, for 363l. 15s. the balance of an account for victualling and shipping Col. Clarke's regiment for Ireland, and Major Morgan's horses, and one of 22 July last for 32l. 19s. for freight of tent cloth; but before payment, the treasurers were changed. I petitioned Council, and on 17 Nov. obtained an order for new warrants for the money, but cannot get them, to my great prejudice. I beg an order for renewing the warrants. [1 page.]
June 22. Order thereon that Maj. Gen. Desborow, Col. Sydenham, and Col. Jones speak with Capt. Blackwell, consider how the State may be secured from double payments, and report. [I. 75, p. 388.]
[June 22.] 36. Capt. John Clarke to Council. On 14 Nov. last, I wrote you that Lazarus Bramble, master of the Hercules, of the Isle of Wight, 250 tons, had sold the ship to the French at St. Malo. He denied it, but Geo. Michelot, a French merchant of St. Malo, confesses buying it of him for 13,500 livres tournois. The vessel has arrived here, with coals for St. Malo, and is not to be unladen elsewhere. Thus Bramble and Michelot combine to cheat the customs, Bramble fathering a vessel which belongs to foreigners.
Considering the cruel acting of the French at St. Malo toward the English, and Bramble's unworthy conduct in strengthening the hands of bitter enemies for his own private gain, I have stopped the ship in harbour for your order, which I beg may be speedy, that no damages may be claimed against me. Guernsey, 13 June. [1 page.] Annexing,
36. i. Order by Bramble to Rich. Cock to load the Hercules with coal, drawing therefor 80l. from John Proctor of Newcastle, and sail to the Isle of Wight for further orders. London, 7 March 1653–4. [Copy, scrap.]
36. ii. Order by Bramble and Michelot to Rich. Cock, master of the Hercules, to go to Newcastle, take in a lading of coals, and thence go to St. Malo. London, 21 March 1653–4. Also
Certificate by Geo. Dawson, collector, and Geo. Blakiston, clerk of the check at Newcastle, that Cock has laden 112 chaldron of coals in the Hercules, and has put in security not to transport it beyond seas. 26 April 1654. [1 page.]
June 22. Reference thereon in Council to the Customs' Commissioners, to examine witnesses and report. [I. 75, p. 389.]
June 22. Council. Day's Proceedings.
4. All future licenses for transporting horses beyond sea to name some port where they shall be shipped.
7. An Ordinance for the distribution of the elections in Scotland read and agreed, with some additions, and to be presented to his Highness.
10. The form of writs of election for Scotland read and committed to the Scotch Committee, and Sec. Thurloe desired to assist therein.
12. Order that Jos. Rigby—giving security to the clerks of Council to answer the profits of the office of clerk of the peace for the co. Palatine of Lancaster to Beatrice and Alice Rigby, in case the right of office shall be determined to belong to them—be discharged of his commitment, and admitted to execute the place as formerly, till determination be made.
14. Sydenham, Desborow, Mackworth, and Jones to learn the proceedings of Sam. Osborne and Mr. Goslynn, in execution of powers committed to them about goods at Alderney, and to report.
15. Wolsley, Jones, Major, and Sydenham to consider the Governor of Windsor Castle's letter concerning the bargemen, and to report.
17. Lambert to move his Highness about passing the Ordinance for settling a course to bring in money for the expenses of his family.
19. The Commissioners for Accounts and Public Debts to speedily report the matter touching discoveries made by Henry Lord Herbert of a personal estate of Henry Earl of Worcester, and alleged to be concealed in the hands of Elizabeth Viscountess Montague, and to transmit all the proofs and proceedings referring thereto.
20. Order, on report from the Committee on Wm. Blaxton's petition, that an Ordinance be prepared for making him capable of enjoying any estate that shall descend to him from his father or friends, if it be not under sequestration.
21. Council to meet at 8 a.m. to-morrow to consider business touching Ireland.
23. Declaration in explanation of an order of April 3, 1654, that Ed. Rolt and Wm. Thompson be added to the gentlemen of the life guard above the number formerly entered, and that beside the pay of the cornet ordered to be transferred to them, viz., 9s. a day, 6d. a day each be added, to make their pay equal to the rest of the lifeguard, that is 5s. a day. The Army Commissioners to issue warrants accordingly.
24. Approval by the Protector of 14 orders, 8–19 June.
25. Thos. Fauconberg to pay to John Bradshaw, serjeant-at-law, the arrears due to him as chief justice of Chester, justice of cos. Montgomery, Denbigh, and Flint, and Chancellor of the Duchy, any restraint notwithstanding. [I. 75, pp. 387–390.]
June 22. 37. Warrant by the Commissioners for inspecting the Treasuries to the Treasurers at War, to pay 6,016l. 4s. 6d. to Rich. Hutchinson, to be issued on warrants of the Admiralty Commissioners. Receipted 23 June. [1½ pp.]
June 22.
Tiger frigate.
38. Confession of John Baldock, made before Go. Sands and 4 others, that 3 years since he served in the John privateer, under Capt. Jno. Shapman, of East Cowes, Isle of Wight, and putting into Guernsey with some prizes, he went on shore with Wm. Gibson; after drinking very hard, they met an English soldier, whom Gibson stabbed, and deponent consented by washing his hands in the blood; and after they had robbed him of 3s. 6d. they threw him into a ditch. Has lost sight of Gibson, who lives at Fowey; but is so haunted or troubled with the ghost or appearance of the soldier, that he can get no rest until he has publicly confessed. [1¼ pages.]
June 23. Council. Day's Proceedings.
1. The Commission of Oyer and Terminer issued for trial of the Portuguese and others concerned in the business of the New Exchange to be renewed, and a Commission of Gaol Delivery directed to the same Commissioners, and bearing the same date, for trial of the aforesaid. The Commissioners of the Great Seal to prepare and pass the same.
2. The articles of peace between his Highness and the King or Portugal read, and approved.
3. An additional article to be inserted into the treaty, referring the difference concerning the merchants of the commonwealth to Commissioners on both parts; and if they cannot end it, to the umpirage of such members of Council as his Highness shall name, according to the offer of the Ambassador.
4. The draft of a letter from his Highness to the Emperor of Russia, to be carried by Mr. Prideaux, as his Highness' agent, presented by Cooper, read, and approved.
7. The draft of an Ordinance against unlicensed and scandalous books and pamphlets, and for better regulation of printing; also a petition of the Master, Wardens, and Assistants of the Company of Stationers of London, referred to Fiennes, Rous, Jones, Wolsley, and Mackworth, to report.
8. The report of the difference between Sir Wm. Farmer and Mr. Willoughby to be considered next Monday.
9. The Army Commissioners to issue warrants to the War Treasurers, out of the money for pay of the forces in Scotland, to send 30,000l. for Leith, by such ships as Col. Clarke shall name.
10. 58l. 6s. 8d. a year augmentation granted to the Minister of Frodingham, co. Lincoln, from the rectories of Fimberton, Mumby, and Bradney.
11. The Ordinance for an assessment upon Scotland, reported by Lambert as amended by the Committee, read, and passed by his Highness and Council.
12. An Ordinance for giving further time for approbation of public preachers passed, and to be printed and published.
13. The High Court of Justice to try, and proceed against John Gerard, Peter Vowell, and Somerset Fox, prisoners in the Tower.
14. The Ordnance officers to deliver 180 muskets, 100 pikes, and 400 bandoleers for the 4 companies of Maj.-Gen. Lambert's regiment at Yarmouth and Boston; also 10 drums and 4 halberds for the drummers and serjeants.
15. Jos. Drake, keeper of the stores at Hull, to deliver 140 muskets, 100 pikes, and 400 bandoleers, for the use of the 6 companies of the said regiment quartered at Hull.
19. 4 orders for payment of money signed. [I. 75, pp. 391–393.]
[June 26.] 39. Petition of Armiger Warner to the Protector. Last July my ship and men were pressed at Limerick by the Commissioners in Ireland, to carry 600 tories into Spain, by which I, my wife, and 6 children are undone; for those wicked tories abused my men, ran my ship on to a rock, which split her to pieces, robbed her of all her goods, even the seamen's clothes, and went ashore and sold them. My loss is about 1,600l., and I was bound in 1,000l. that my ship should carry servants to Virginia for merchants of this city, who threaten to sue me on my bond. I beg reference to a Committee, having ever served faithfully. With reference thereon to Council, who are to indemnify him if sued for non-performance of articles, 29 March 1654. [1⅓ pp.].
40. Copy of the said reference. [½ page.]
June 26. 41. Reference thereon by Council to Fiennes, Cooper, Sydenham, and Major, to report. [½ page. Also I. 75, p. 394.] Annexing,
41. i. Detailed account by Warner of the whole proceedings relating to the impress of his ship, estimating his losses thereby at 4,208l., besides an employment of 200l. a year, which he forsook to go over to Ireland to prevent his ship's being taken, but was detained by winds till it was gone. [1¾ pp.]
41. ii. Report by Fiennes and Major on the case, stating that Warner's losses are 1,600l., and that he is in danger of suit by John Jeffryes for not performing his voyage to Virginia. [Draft 3 pp. See 29 June 1655.]
June 26. Council. Day's Proceedings.
1. The Ordinance for ejecting scandalous ministers debated in Council, the amendments being severally put to the question, and then agreed, and presented to his Highness.
4. Order on report on the difference between Sir Wm. Farmer and John Willoughby, that Willoughby be committed to the Tower.
5. An Ordinance to be prepared for naturalising Joachim Hane, born in Frankfort-upon-Oder, under the dominion of the Elector of Brandenburg.
6, 7. An Ordinance for distribution of elections in Scotland, approved, passed, and to be printed and published.
8. An Ordinance to settle 100l. a year in land on Joachim Hane and his heirs—being raised to 120l., and the rent reserved 5l.,— passed.
9, 10. An Ordinance of explanation touching donations in Scotland by vote or order of Parliament, or by their authority, read and referred to Fiennes, Sydenham, Jones, and Strickland, and on their reporting it without amendment, agreed to. [I. 75, pp. 394, 395.]
[June 27.] 42. Petition of Geo. Ralegh to the Protector, for reference of his case to Council, that he may receive the same justice as others in like case. Being in Oxford garrison, and having, by Lord Say's direction, done good service for the public, had Lord Fairfax's certificate that he should have the benefit of those articles, and fled for his life into the Parliament quarters. Applied to the Commissioners for articles, but they could not relieve him because he was not present at the surrender, as appears in the cases of Major Clerk, Sir Hen. Ford, and others. Then applied to the Committee for petitions, who ordered his case to be reported to the House, but Parliament was dissolved. With reference thereon to Council, 10 May 1654. [1 page.] Annexing,
43. i. Petition of Geo. Ralegh to Parliament, for the same favour as granted to Sir Wm. Fleetwood and others, to have the benefit of Oxford articles, though not there at the surrender. Was forced to depart from the garrison for his good affection to Parliament, being twice tried by a council of war for agitating service for Parliament, and had his goods plundered by the King's party. Left on certificate from Fairfax, signed and sealed, that he should have the benefit of the articles, and has long since compounded and paid his fine. Signed by himself and Rich. Lucy. [1 page.] Annexing,
43. ii. Certificate of Fairfax alluded to 31 July 1647. [½ page.]
43. iii. Order in Parliament that Sir Wm. Fleetwood, Sir Edw. Sydenham, John Carey, Adrian May, and Wm. Stidolf be admitted to compound on Oxford articles. 18 June 1649. [2/3 page.]
43. iv. Order in the Committee for petitions that Ireton report Ralegh's case to the House, as by his endeavours, 9 of the King's officers laid down their arms, for which reason Fairfax granted him the benefit of Oxford articles. 1 Dec. 1653. [2/3 page.]
43. v. Copy of Nos. 43, ii. and iv., and reasons why Ralegh should have the benefit of the articles:—
1. His having to fly for his life for serving the Parliament.
2. Lord Fairfax's request.
3. The precedents of Stidolf, Carew, and others, who were absent at the rendition, but 3 years afterwards, by favour of Parliament, obtained the benefit of the articles. With note that an order will not be sufficient unless it be an Ordinance. [1 page.]
June 27. Order thereon in Council that he have the full benefit of Oxford articles. [I. 75, p. 397.]
[June 27.] 44. Proposed order in Council that, as it appears by certificates from Lord Fairfax and the late Commander-General Ireton, that Hen. Clerke of Enford, co. Wilts, and Geo. Ralegh, of Farnborough, co. Warwick, were by engagement to have the benefit of the Oxford articles, they have it as fully as though present at the surrender; the Commissioners on articles of war, and all others concerned to give them relief accordingly. [Draft, 1 page.]
June 27. Order on report accordingly that Clerke have the full benefit of Oxford articles. [I. 78, p. 397.] Annexing,
45. i. Report alluded to, of the Committee on Clerke's petition (see 25 April 1654), referring the case to counsel. [Draft, 1 page.]
[June 27.] 46. Petition of John Clarke to the Protector. Lent and lost 6,770l. for his good affection to the State, and had 2 orders in Parliament for 2 debts of Sir John Stepney and Wm. Gwynn to the Earl of Worcester, discovered 6 years ago by him to the Haberdashers' Hall Committee, but Stepney lately agreed with the Drury House Trustees for sale of the lands engaged for the debt, and they have been purchased as the Earl of Worcester's lands for 3,231l. 0s. 8d., so that the money was paid into Drury House. Has spent 400l. in the prosecution of the debt, and received only 50l. Begs payment from the purchase money paid into Drury House. With order thereon that, as the value of his discoveries exceeds the Public faith moneys due to him, the Revenue Committee take care for speedy payment to him of his Public faith money. 5 April 1654. [1 page. See Composition Tables, 17 January 1654.]
[June 27.] 47. Report thereon by the Revenue Committee that there is due to Clarke on Public faith 2,581l. 8s. 10d., of which he has only received 302l. 7s., balance due, 2,279l. 1s. 10d. That he discovered to the late Committee for Advance of Money 2.000l., owing by Sir John Stepney to the Earl of Worcester, on lands sold for above 3,000l. That 2,000l. should be charged on Drury House, and the remainder of the debt paid as his Highness thinks fit. 28 April 1654. Endorsed with reference to Council, to give speedy order for payment, on account of the extremity of the case, 1 May 1654. [1½ page.]
June 27. Order in Council referring the petition and report to Cols. Sydenham and Mackworth, Mr. Major and Strickland, and MajorGen Lambert, to report. [I. 78, p. 398.]
June 27.
Whitehall.
48. Petition of Col. Sir John Borlase to the Protector. Is constrained by his condition to beg some of the money assigned him for the expense of his journey to Ireland, there to serve the public. Begs speedy dispatch and a supply on the arrears of his pension, granted when he was disbanded, and 4 years unpaid, that he may go to Ireland and find some support, and not be detained in a perishing condition, after spending his youth, and the rest of his family's broken fortune in faithful service. With reference thereon to Council, 17 May 1654. [2/3 sheet.] Annexing,
48. i. Relation of the case and desires of Sir John Borlase, late a colonel in the service, to similar effect. Served from the beginning of the rebellion in Ireland. Was disbanded on the arrival of the army from England. Commanding the old foot regiment at the defeat of Lord Ormond, near Dublin, had a pension assigned him to be paid in Dublin. His father, who was lord justiciary in Ireland, sold their estate to pay his expenses, and left him engaged in great sums, so that by suits and long imprisonment, he has exhausted all he or his friends could raise. [1 page.]
48. ii. Similar statement to the same effect. [1 page.]
June 27.
Whitehall.
49. Order in Council referring the said petition to Sir Chas. Wolsley, Sir Ant. Ash. Cooper, Col. Mackworth, Col. Fiennes, MajorGen. Skippon, and Mr. Rous, to consider and report. [½ page. Also I. 75, p. 399.]
June 27. 50. Petition of 9 gentlemen of the name of Scott, tutors to Lady Mary Scott, heir to the late Earl of Buccleugh, to the Protector. By the Act of pardon, a fine of 15,000l. is set on their pupil of 6 years old. Her father, who only lived 25 years, was active for the furtherance of the Gospel and good of the people, and averse to the malignant interests carried on in 1648. He was no further in the late troubles than as sitting in the Committee of Estates, and that so seldom that he was suspected of want of cordiality. The condition of the estate is such that the whole is in danger of confiscation by the said Act, unless you extend your favour to the minor. Noted as delivered by his Highness to the Lord President, 26 June. [1 page.]
June 27. Reference thereon in Council to the Committee for Scotland, to report. [I. 75, p. 399.]
June 27. Council. Day's Proceedings.
2. The Customs' Commissioners to pay the money in arrear to any of the judges mentioned in the Ordinance for payment of judges' salaries out of the receipt of customs, the late Ordinance for bringing the public revenue of this commonwealth into the Treasury notwithstanding.
3. Order—on a certificate from the Attorney-General that John Phelps has executed a deed of sale to the Protector of Hampton Court at 760l., and that he and his wife have acknowledged a fine— that the Treasury Commissioners certify from what treasury the 760l. may be soonest paid. Annexing,
51. i. Certificate of the Attorney General alluded to, 19 June 1654. [½ page.]
51. ii. iii. Notes of the particulars of the above estate, and valuations, one at 750l. and the other at 1,016l. [2 papers.]
4. Wm. Ryley to deliver by inventory to Geo. Smith, one of the Commissioners for Administration of Justice in Scotland, all writings and records brought here from Scotland concerning private men's interests remaining in his custody at the Tower, that Smith may send them to Scotland. Approved 22 July.
8. The petition of John Grace referred to Sydenham, Cooper, Lambert, Wolsley, Jones, and Mackworth, to report.
9. That of Sarah, late wife of Saml. Clarke, merchant of Exeter, referred to Rous, Desborow, Major, Skippon, Mackworth, and Sydenham, to report.
11. That of Nicholas Devereux to Fiennes, Wolsley, Cooper, Strickland, and Mackworth, to report.
12. That of Col. Rich. Fortescue to Cooper, Wolsley, Rous, Strickland, and Mackworth, to report.
13. That of Thos. Baker, of Swinney, co. Suffolk, and Eliza, his wife, executors of Col. Roger Fenwick, referred to Cooper, Wolsley, Lambert, and Mackworth, to report the fact, and if they see cause, to bring in an Ordinance to empower the Commissioners of Ireland to allow the arrears petitioned for out of lands in Ireland.
June 27. 15. Fiennes, Wolsley, Mackworth, and Cooper to consider the most convenient way for collections in case of losses by fire, and report.
16. Order on petition of Wm. Lowe, Wm. Voyle, and Geo. Primrose, ministers of Hereford, that Sam. Smith, a godly, orthodox, painful, and peaceable minister, be admitted (in place of Richard Delamain) as one of the preachers appointed by Ordinance of Parliament, March 28, 1646, to preach in Hereford Minster and the adjacent county, and that he receive the allowance belonging thereto. All concerned to take notice hereof. Approved 29 June.
19. 52. Order on Major Skippon's report in the case of William and Mary Denny—that Mary, of her own accord, delivered provisions, &c., value 720l. 16s. 8d. for Parliament's forces in co. Pembroke, for which she had the Public faith from the county committee, 30 April 1645;—that the said sum be paid from discoveries which they shall make, or others on their behalf, they delivering up the Public faith bills on payment. Approved 22 July. Annexing,
52. i. Report alluded to. [2/3 page.]
20. Next Friday appointed to consider the report from the Committee on the petition of the late King's creditors and servants.
22. John Digby to attend Council to-morrow afternoon.
23. Order on report on the petition of Wm. Davenant, prisoner in the Tower, that—as it appears that on exchange between the petitioner and Capt. Clarke, proposed and agreed on by Col. Bingham and the Governor of Cornet Castle, Guernsey, Clarke was discharged, and the faith and honour of Col. Bingham and the army is concerned in the mutual discharge of the petitioner,—his restraint as concerns any matter of State be taken off, and he set at liberty, and a warrant be issued to the Lieutenant of the Tower, and a pardon prepared. Approved 22 July. Annexing,
53. Report alluded to. [2/3 page.]
25. An Ordinance for distribution of the elections in Scotland, with the form of the writ of election, passed.
28. The petition of John Leech, a treasurer at Goldsmiths' Hall, referred to Mackworth, Cooper, Pickering, and Wolsley, to report. [I. 75, pp. 395–401.]
June 27.
Whitehall.
Council to Col. John Barkstead, Lieutenant of the Tower. Forasmuch as John Willoughby, of Grindon, co. Northampton, sent a challenge to Sir Wm. Farmer, baronet, of the same county (which is a most unchristian practice, and not to go unpunished), and has also spread libellous and scandalous papers to asperse the said Sir William, who has in their differences demeaned himself as a man of honour;—these are to will and require you to keep Mr. Willoughby in custody in the Tower, until he acknowledge under his hand that he is sorry for his offence committed against the public peace and the person of Sir William, and give sufficient security for his good behaviour. [I. 75, p. 400.]
[June 27.] List of private bonds for payment of moneys belonging to persons in Scotland, which were in 8 bundles, marked A. to H., 100 in each bundle. The latter part of the list of bundle B. has several leaves torn out, and E. is incomplete. With index prefixed. Probably an inventory of the private records commanded to be returned to Scotland by an order of Council of 27 June 1654. [I. 134.]
June ? 54. Petition of Thos. Bludworth, Jas. Burton, and Rich. Spencer, merchants of London, freighters of the Providence of Boston, and Thos. Ridley, master, to the Protector, for some compensation for their ship and cargo, worth 700l., lost through being run into and sunk by the carelessness of Capt. Peter Foote of the Briar frigate, 13 March 1653–4, while under his convoy from Hull to St. Valery's. [1 page.] Annexing,
June ? 55. Petition of Thos. Ridley, master and owner of the Providence of Boston, co. Lincoln, to the Admiralty Committee, for relief, or he and his wife and family will be ruined. Sends an order made after a full council of war on his former petition. Noted that the whole loss is 700l. and his share 300l. [1 page.]
55. i. Order at a council of war, held by Vice-Adm. Lawson on board the Sovereign, that there was neglect in the convoyer in not issuing orders for putting out lights to advertise the fleet, as is usual when coming by the bee, and that as there was no fault or neglect on the part of those in the Providence, the owners are entitled to full satisfaction for their loss. 27 June 1654. [1 page.]
June 28. Council. Day's Proceedings.
1. The words in the 2nd and 3rd lines of the warrant of June 26, 1654, for payment of 1,523l. to Lord Whitelock, viz. (of the 19th of this instant June), to be struck out.
4. Divers inhabitants of Southwark attending at the door were called in, and presented a petition complaining of an undue election of burgesses in Southwark, which was read.
9. The supernumeraries raised and added to the following regiments to be continued till further order, and the Army Committee to issue warrants for their payment.
His Highness' regiment, from 700 to 1,200
Col. Ingoldsby's 700 1,000
Col. Goffe's 700 1,000
Maj.-Gen. Lambert's 700 1,200
10. Jones and Thurloe to speak with counsel to-morrow about managing the evidence against the persons to be tried by the High court of justice.
11. The petition of Lord Willoughby of Parham referred to Cooper, Fiennes, Strickland, and Wolsley, to report.
12. Order on report on the petition of Jas. Powell, that fresh warrants be issued [see 22 June] in lieu of those granted by the late Council of State, for payment of 32l. 19s. and 363l. 15s. Annexing,
56. i. Report alluded to, stating that neither of the sums has been paid, and that there is money in the contingencies set apart for such charges. [¾ page.]
13. The petition of the inhabitants of Clement Danes, Savoy, Covent Garden, Martin's-in-the-Fields, Giles'-in-the-Fields, and the parishes adjoining, referred to Lambert, Jones, and Cooper, to report.
14. John Digby to stand committed to the serjeant-at-arms till his proceedings in reference to Sir Wm. Farmer be examined.
15. Sydenham added to the Committee on Sir Wm. Farmer's business. [I. 75, pp. 401–403.]
June 28.
Navy Office.
57. Navy Commissioners to the Admiralty Committee. We are very sensible of the great hazard in the over-hasty dispatch of ships at Chatham, of which you write; but matters there being left to Mr. Pett, who is more expert than we are, we did not think any defects would have been found at Chatham. We purposely omitted sending orders to inferior officers, not only to prevent the discovery of our design, but to maintain a good correspondence with our associate, Mr. Pett, who would have thought it disrespect if others had been joined in the trust with him. We have again pressed for a thorough and complete fitting of all the ships there; the Adam and Eve is one of them, and we wished the captain to acquaint you with her condition, that we might receive your directions, not knowing what interpretation would be put on our remanding her to Chatham or elsewhere, for further repairs. [1 page.]
June 29. 58. Petition of Ralph Mason, minister of Great and Little Driffield, East Riding of co. York, to the Protector or Council. I had an augmentation of 12l. a year granted by the Committee for Plundered Ministers, 12 Aug. 1646, out of 62l. rent reserved to the precentor of York Cathedral, from the profits of the rectory, my living been only 20 marks a year, though I have 2 churches to serve twice every Sunday; but it has ceased through want of review of the order by the Universities' Committee. I beg a competence from the 62l. and the arrears of the 12l. since 1649. [1 page.] Annexing,
58. i. Order of the Committee for Plundered Ministers alluded to, granting the 12l. to Mason, there being 200 families and the living worth but 16l., the 50l. a year granted to Warter church being first paid. 12 Aug. 1646. [¾ page.]
58. ii. Certificate by Rob. Johnson and 4 others in favour of Mason's good affection and life, and diligence in his calling. 22 May 1654. Also like certificate by Durand Hobham, his neighbour 5 or 6 years. [1 page.]
June 29. Order thereon for grant of the 12l. with arrears, by the Trustees for maintenance of Ministers, on testimonial from the Commissioners for approbation of preachers. [I. 75, p. 405.]
June 29. Council. Day's Proceedings.
2. The petition of the well-affected of the parish of Graveley-cumChisfield, co. Herts, referred to John Read, Isaac Puller, Gravelie Norton, and Major Packer, justices of peace for the county, to examine those concerned, and reconcile the difference if possible, or else to report.
4. The letter of Sir Arthur Loftus of June 24, 1654, referred to Strickland and Pickering, to send for such persons as they think fit, examine, and report.
5. The ordnance officers to deliver out of their stores to Wolsley, for his Highness' regiment of foot, 1 barrel of powder, and 300 firelocks with bandoleers, to supply the like quantity of arms sent with the 300 soldiers ordered to sea out of that regiment.
6. An Ordinance against challenges and duels, and all provocations thereunto, re-read, amended, agreed, passed, and to be printed and published.
15. An Ordinance authorising the Commissioners for Inspection of Treasuries to issue warrants for moneys for the navy's service 3 times read, and passed.
16. An Ordinance to continue the Army Committee and War Treasurers read, amended, and to be printed and published.
19. The Customs' Commissioners authorised to pay the Navy Treasurer 6,694l. 7s. 5d., for which he has a warrant of June 22, 1654, from the Commissioners for inspecting Treasuries, the Ordinance for bringing the revenues into one Treasury notwithstanding.
20. The Excise Commissioners authorised to pay the Treasurers for the Savoy and Ely House the moneys assigned for sick and wounded soldiers' or sailors' widows and orphans, the said late Ordinance notwithstanding.
23. Col. Wm. Goffe and Lieut.-Col. Chas. Worsley to take security on behalf of the Irish papists taken in the last general search, and still remaining in custody with no special charge against them, that they will leave England within 14 days. Also to take security of all other persons similarly situated to attend Council on notice to be sent them or their securities, and thereupon to order their release.
24. Desborow and Lambert to move his Highness about the little park at Windsor, and report whether the contract for its purchase shall be proceeded with.
25. The petition of Ellen, wife of Matthias Valentine, personally recommended by his Highness, referred to Pickering, Strickland, and Jones, to report.
26. Two money warrants signed; also an Ordinance of 27 June approved by the Protector. [I. 75, pp. 403–406.]
June 29. 59, 60. Ordinance by the Protector in Council, as there is great want of money for supplying the navy, that the Commissioners for inspecting the Treasuries, appointed 31 Dec. 1653, continue until further order to issue their warrants to the several treasurers for payments to the Navy Treasurer. [2 copies.]
June 29.
Whitehall.
Council to Gen. Monck, commander-in-chief of the forces in Scotland, or in his absence to the Commissioners for administration of Justice. You shall receive herewith the writs for election in Scotland, and the forms of indentures between the sheriffs and the electors, which you are to have delivered according to the directions of the writs.
Enclosed is a copy of the "Government of the Commonwealth of England, Scotland, and Ireland," which is to be read at the proclaiming of the writs. [I. 75, p. 404.]
June 29.
Whitehall.
Pres. Lawrence to the Commander-in-chief of Chester Castle. The Council are informed that Lord Carnegie entered into a bond before you on May 30, 1654, to appear before them at his coming up, which he accordingly did, and as no cause appears for continuing his bond, they have ordered that it be delivered up to him to be cancelled, which you are to do accordingly. [I. 75, p. 405.]
June 29.
Chatham.
61. Commissioner Peter Pett to the Admiralty Committee. Details of ships. I am sorry to hear you complain of the work being imperfectly done at Chatham; we were never so accused before, nor did any ship stay one hour for any work we had to do after, she arrived in the Hope. It is true we have sent away ships not quite finished, but only to save the wind, and not to put the State to 6 times more charge in getting in their provisions here, where their own men will not be commanded, as was lately the case in the Adam and Eve and others; but the heat of our business being over with the spring tides, we have sent a few hands to perfect the work. As to sheathing ships, much of this would have been prevented had I known the designs in hand. We have been over careful in fitting the ships, particularly those for foreign service, and I have been up 6 or 7 nights out of 8, to forward the work. Let us know your resolves early, and nothing shall be omitted for their dispatch. [1⅓ pages.]
June 29.
Chatham.
62. Commissioner Peter Pett to the Navy Commissioners. We are guilty if it is neglect to leave a little work to be done in the Hope, when we could not spare men without losing the next spring tide. If you will but give us breathing time, we will save you the labour of sending down men to dispatch our business; the nonsheathing of the Convertine was the fault of the master shipwright. If you had been an eye-witness to what was done last week, the complaints of men for their own ends would not have been so easily listened to. Let us do first what is of most concern. [1 page.]
June 29.
Chatham.
63. Capt. Jno. Taylor to the Navy Commissioners. I hope you have had an account from Commissioner Pett of the works done to several ships, and of the dispatch made, wherein there has not been wanting all diligence, both in the shipwrights and seamen, on the pressing orders of the Admiralty Committee to hasten the fleet into the Hope. There was a report when these ships came in that some of them must go to the Straits, but we had no orders to sheathe any ships for such a voyage. I spoke with Gen. Blake about it, and the ships ordered to be sheathed are done; the others will last 8 or 10 months.
If ships are to be fitted out for an unknown design, warrants or directions ought to be given accordingly. All that have been sent out are safe and firm for some voyage, though they might not be for some other. If the voyage is not to be known, nor the master consulted with, I wish a survey might be ordered. Nothing has been left in the ships sent to the Hope but what we have sent men to do; we have 100 men there now. Other ships have come in, but I shall not meddle with them without written orders. We want masts; and if you expect us to do our work, your purveyors must not fail us as formerly. As Commissioner Pett will attend you tomorrow, a light may be set up to direct us all, and especially myself, as I am in the dark. [1¾ pages.]
June 29. 64. Petition of Capt. Robert Swanley and the owners of the Henry Bonadventure to the Admiralty Committee, to order the Navy Commissioners to make out a bill of imprest to them for 931l.; the said Commissioners on examination of their account bring in only that sum as due, to their great prejudice, their ship being lost after remarkable service, and Chas. Longland having paid them only 4,000 dollars. With reference thereon to the Navy Commissioners. [1 page.] Annexing,
64. i. Order in the Admiralty Committee that a bill of imprest be made out to Capt. Swanley for 965l. 10s., upon his giving security to pay his company their wages thereout, and to be responsible for what he received of Charles Longland at Leghorn. 9 May 1654. [Copy, ¾ page.]
64. ii. Certificate by Capt. Rich. Badiley that the owners of the Henry Bonadventure only received 4,000 dollars from Longland. 19 June 1654. [½ page.]
June 30. 65. Petition of divers poor people in and near Winchcombe, co. Gloucester, to the Protector. Providence having promoted you to this great trust, we address you. In April 1652, an Act was issued prohibiting the planting of English tobacco, to which, on petition, a favourable exposition was given, and thus many were saved from perishing. In Sept. 1653, another Act passed allowing quiet enjoyment of the tobacco planted that year, on payment of excise. Trusting to this clemency, we planted a small quantity this year, but by virtue of an Ordinance empowering Commissioners to execute the Act against its planting, we are like to be deprived of it. We acknowledge the rashness of those who assembled to defend their tobacco, but beg toleration for this year's crop. In future we will not plant without license, though it has been our trade for 40 years. 110 signatures. [1 sheet.]
June 30. Order thereon, that as they have acknowledged their errors, the Commissioners be authorised to suspend execution of the Act as to the crop now growing at or near Winchcombe till further order, and suffer the petitioners to enjoy it. [I. 75, p. 409.]
June 30. 66. Petition of Wm. Coney of Lincoln to the Protector and Council. Declares that though he has resided some years at Utrecht, he has neither seen nor corresponded with Charles Stuart or his party. He comes over intending to live peaceably, and is willing to give any security required therefor. [1 page.]
June 30. Note that it was read in Council. [I. 75, p. 410.]
June 30. Council. Day's Proceedings.
1. An Ordinance for the better discovery of any concealment of anything due to his Highness and the Commonwealth, and for encouragement of discoverers, read twice.
2. The whole business of discoveries referred to Jones, Wolsley, Mackworth, Skippon and Lambert, to consult with counsel and report.
3. Edmund Earl of Mulgrave, approved to be a member of Council, subscribed the usual counsellor's oath in presence of his Highness and Council, and took his place.
4. Order on the reading of an Ordinance for relief of the creditors and servants of the late King, that the former Committee consider which of his goods were reserved for the State, and what part thereof has been delivered; what particulars the petitioners claim; whether any part thereof has been borrowed or employed for the State or the navy; and how the late trustees for their sale may be best brought to account. Lambert, Sydenham, Jones, and Strickland added to the Committee, who are to report.
5. The business of Jersey to be considered next Wednesday.
6. Also that touching Lord Herbert and Mr. Batchelor.
7. The Ordinance for settling the the post office to be considered next Thursday, and the Lord President to remind Council.
8. An Ordinance to empower the Customs' Commissioners and others for the better suppression of drunkenness and profane swearing in those under their employ read, passed, and to be printed and published.
9. Order on report on the petition of Francis Lord Willougby of Parham, that the Committee speak with those concerned in the plantation moved for by the petitioner, and report further.
10. The report on the petition of Wm. Paul, son and executor of Anth. Paul, late farmer of prizage wines under a rent of 500l. a year, agreed with, and the petitioner, who is the present farmer, allowed to enjoy the prizage wines without payment of duty. The Customs' Commissioners to take notice.
11. Order on further petition of Rich. Glide and Col. Lawrence Bromfield, that they distribute the 600l. ordered them 9 May last to the poor of cos. Surrey, Cambridge, Middlesex, and Northampton, who lent money on the propositions of 1642, and who, by former instructions given, have a title to part thereof, in such proportions as they find equal, having respect to the proportions formerly paid by them to the several counties. Approved 22 July. [I. 75, pp. 408, 409.]
June 30.
Navy Office.
67. Navy Commissioners to the Admiralty Committee. The clamours of multitudes of people with tickets causes us to remind you that it was formerly resolved that all sick men should have their tickets paid by the deputy treasurer when put on shore, and that no tickets should be made out by captains. There are, however, many tickets under the name of sick men that we fear are not so, and others counterfeited, so that it is judged necessary to charge the captains strongly not to deliver any upon any pretence whatever, but to let such as are really sick and disabled be paid on board. Also the pilots' bills should be paid out of the contingent money on the General's ship, as it is a trouble to the pilots and expense to the State for them to come up to receive it, and they demand more for their Journey. [1 page.]
June ? 68. Petition of Capt. Rich. Hodges of the Basing to the Admiralty Committee. Last September I was ordered by Vice-Admiral Lawson to convoy the Bordeaux fleet there and back, and had 4 months' provisions, but we were detained 28 days by wind before we could sail, and were detained there 2 months by winds and hard frosts, so that I had to borrow money of English merchants there to victual 110 men for 49 days, which is not yet repaid, to their great prejudice and my damage, as my accounts are ready. I beg a warrant to the victualling Commissioners for the money. [¾ page.]
June ? 69. Petition of Roger Carlisle, gunmaker, to the Admiral Committee, for a warrant for payment of 742l. 19s. for service and 46l. 12s. expenses due for two years, for fetching old arms from divers places and repairing them, and delivering them to the Tower stores. Had several warrants from the late Council of State therefor. [½ page.]
June ? 70. Like petition to Col. Kelsey, Admiralty Commissioner. Delivered in 2,400 repaired muskets from several garrisons, and has never been paid. [2/3 page.]
June ? 71. Like petition to Col. Clarke, Admiralty Commissioner. [2/3 page.]
June ? 72. Like petition to the Admiralty Committee, for an order for examination of witnesses on a debate before them between him and John Silke. [1 page.]
June ? 73. John Silke to the Navy Commissioners. In 1649 we were summoned to the Ordnance Committee to make good a charge against Roger Carlisle and Wm. Gardner; the case was referred to the Ordnance officers in the Tower; there were many hearings, and they have presented divers papers to you. If you will grant us a warrant, we will bring further evidence to make plain their deceits. With addresses of 5 witnesses. [¾ page.]
June ? 74. Answer by Roger Carlisle to an information against him by John Silke (missing).
1. Did deliver old arms finished as good as new, to complete a contract in time, but afterwards supplied new instead.
2. Intended to do it, but was prevented.
3. Did not receive in 1650 from a garrison in Essex 135 muskets. There were but 132, of which he had half and Wm. Gardner half, and none were fixed.
4. Did not deliver old muskets for new to the stores at Botolph's Wharf on his own account, but lent John Silke 20, which he passed for new, and some to Hen. Harris and Thos. Middleton, which were not passed, but the Ordnance officers on notice sent for them.
5. Has never cut off the breech ends of any but unserviceable muskets.
6. Has not bought old barrels for them, but has bought 2,000 new barrels in 4 years. [1½ pages.]
June ? 75. Note of new guns bought of 5 persons named by Carlisle and Gardner. [1 page.]
June ? 76. Note of 5 persons from whom Carlisle has bought new guns within the last 4 or 5 years. [1 page.]
June ? 77. Note of defective arms received by Gardner at Edinburgh and Leith. [2/3 page.]
June ? 78. Account by Carlisle of arms received by him from sundry garrisons, and of his expenses in fetching them; 93 days, at 5s. a day, 23l. 5s. [22/3 pp.]
June ? 79. Account by Carlisle and Gardner of old arms received by them, by warrants from the Council of State, and from the Protector. [1⅓ pp.]
[June.] 80. Note of a bill in the Common Pleas, 26 May 1654, of John Fisher against Rich. Deacon, clothworker of London, for a debt of 100l., borrowed by him on 10 April 1651 from Mary Row, of Cheap parish, to be paid to Fisher when required, but which, though often required, he refuses to pay, to the damage of 40l. The debt being allowed by Deacon, he is ordered to pay it, with 30s. damages. Endorsed, with notes of fees, &c. [5 sheets.]

Footnotes

  • 1. These orders are not entered in the Council order book. Ed.
  • 2. These entries do not occur in the Council Order Book.—Ed.