BHO

Volume 74: August 1-22, 1654

Pages 279-325

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

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August 1-22, 1654

Aug. 1. 1. Petition of the well-affected inhabitants of Tiverton to Council. We met of right to choose our burgess, and elected Major John Blackmore, but were overpowered by numbers, many of whom were disabled to vote, having acted against Parliament since 1641; they elected Rob. Shapcote, a field officer under the late King, who, since the reducing of the country, has endeavoured to support a malignant minister, and discountenanced the interests of Parliament. We beg that we, who have most of us served Parliament in person, may not be debarred of our rights, but that Blackmore may be admitted to sit. [1 page, 4 seals, but no signatures.]
[Aug. 1.] 2. Petition of Peter Bere, sen., Sam. Foote, and the well-affected of Tiverton, co. Devon, to the Committee for elections. Being employed by the town to present you the petition against Shapcote, we have exhibited a charge and presented a petition against him, but cannot prove it without an order to summon witnesses. We beg one to summon John Chishall, pastor, John Ware, Phil. Bradmead, and—Orchard, to make good the charge. [2/3 page.] Annexing,
2. i. Exceptions against the election of Rob. Shapcote. Some who bore arms against Parliament engaged men to vote for him. Some such came to the town hall at the election, and called his party together, and threatened the well-affected who came to vote.
None of his electors were godly, few civilized, but one has served Parliament. Most of them took an oath to assist the late King, especially against Lyme and Plymouth, when they stood out.
Shapcote was a field officer, and defended the King's interest by argument in Exeter. He did not come in to the Parliament till the Earl of Essex was like to carry the West before him. He has always defended the cavaliers, and has expressed great affection for Mr. Newte, so that the people expect their old sequestrated minister back, and will hardly notice Mr. Rowth, though settled by his Highness' order.
He is a great promoter of gaming, frequents alehouses and taverns, bowling and cock matches, and draws malignants together to them. [1 page.]
2. ii. List of Rob. Shapcote's 47 electors, and notes of their services to the King. Also note that 2/3 of Major Blackmore's electors bore arms for Parliament in all the late troubles, and the rest assisted. [1 page.]
2. iii. Deposition of Edm. Bere and And. Hurd to Shapcote's being at a bowling match till midnight with other cavaliers, having 3 lanterns, and then sitting drinking and card-playing till 4 in the morning. [2/3 page.]
2. iv. Deposition of John Chishall, minister of Tiverton, that he was reproached by Shapcote for censuring him in the pulpit, though having only spoken against the disaffected, and that Shapcote threatened him, and made him fear to go about. 18 Aug. 1654. [1 page.]
2. v. Deposition by Lewis Stucley that Shapcote maintained the King's cause against him by argument in Exeter, and is said to have been a major under Sir John Acland for the King. 19 Aug. 1654. [¼ page.]
Aug. 1. 3. Petition of John Legate, minister of Barnham, Suffolk, to the Protector. As you encouraged me to hope for help, I represent that my weight of debts, and the pressing of my creditors compel me to withdraw, not only from my relations, but from my ministry, lest I be deprived of liberty. My debts were chiefly caused by venturing my estate for the common cause in the late troubles, when I was faithful in the midst of temptation.
I beg a yearly allowance from the trustees for maintenance of ministers, with arrears from their investiture, to be charged on rents due but detained, that I may quiet the clamours of my creditors, and return to my charge. I shall pray that God may still be a wall of fire about you, carry you safe through present dangers, and give you a public spirit and upright head to carry on the great work He has called you to. With special reference thereon to Council. 1 June 1654. [1 sheet.] Annexing,
3. i. Statement of his case and petition, urging precedents of allowances apart from augmentations granted by the ministers' trustees, as 200l. a year to Mr. Dury, 60l. to Sebastian Smith, 100l. to Mr. Hartlib, and pensions to ministers' widows. Though the revenues are overcharged, they improve by the falling in of leases, and the cessation of grants to unworthy ministers, who cannot obtain the certificate of the Committee for approbation of ministers.
Legate was one of those who threw the first stone against the prelatical hierarchy, and the earliest engaged in this great cause, when it was expensive and hazardous to appear, and has prosecuted it with zeal, to the neglect of himself, and thus contracted great debts, and his benefice does not give him a house to dwell in. [1 page.]
Aug. 1. Reference thereon in Council to Sir A. A. Cooper, Mr. Strickland, and Major-Gen. Skippon. [I. 75, p. 463.]
Aug. 1. Council. Day's Proceedings.
3. Order on report from the Commissioners on the account of Whitelock's embassy to Sweden, to advise that the articles of peace agreed on by him and the Commissioners from Sweden be ratified under the Great Seal.
4. Mackworth, Jones, Strickland and Pickering to consider the regulation of the law formerly printed, and out of it to offer what they judge expedient, and to prepare an Ordinance accordingly.
5. The Ordinance of indemnity to the English Protestants of Munster, Ireland, to be printed and published.
8. The house of the Earl of Chesterfield having become a receptacle for disaffected persons, the weekly allowance granted to him and his lady is to cease.
12. Mackworth reports from the Committee several clauses to be added to the Ordinance for regulating the jurisdiction of the Chancery Court; the Ordinance read, amended, passed, and ordered to be printed and published.
13. Fiennes reports amendments to the Ordinance appointing a Committee of Adventurers for lands in Ireland for determining differences, which was read, passed, and ordered to be printed and published. [I. 75, pp. 463, 464.]
Aug. 1.
Dunster, co. Somerset.
4. J. Garret to Mr. Pocock, Strand. Amongst the burgesses elected for next Parliament is Chas. Staynings, of whom I have received the enclosed information, with request to recommend it to some one who wishes to promote the public good, as sad dangers will arise from corrupt members sitting in Parliament. They want the opinion of some one of the Council, on the following queries, as in the order for return of writs, it appears that the major part of Council are to approve the qualifications of the persons elected.
Aug. 1. 1. Whether, if this charge be proved, it will disable Mr. Staynings from sitting, for else it was ridiculous to prosecute it.
2. How the case had best be proved; it must be either by a sudden and strict search about his person, &c., for the libels and verses named, or else by examination of witnesses, who being friends and relations, will only answer on oath, which would be chargeable for a private purse.
3. Whether this should not be prosecuted before the sitting down of Parliament, or it may prove tedious and of uncertain issue. I beg a speedy answer, when I will give the name of the informer. [12/3 pages.] Enclosing.
4. i. Information that Chas. Staynings is a malignant, and has shown disaffection by discourses and writings, bringing odium on Parliament's proceedings, especially about the execution of the late King, whose book so prevailed on his judgment, that he believes him the justest and best prince that ever governed this nation. He composed several verses in praise of this book, which book he always carries about him, and reads to many. He composed a libel upon the subscribing the engagement, which has these lines.
"Then let's subscribe, and go thorough stitch,
As long as we are governed by a soldier's switch."
On the election of the Protector, he wrote:—
"I laugh at wondering at the act that's done
And at disputes of dissolution.
Of th' lawfulness of th' act, and why?
Without, against all just authoritie.
There's none for laws and against power will speak.
I plainly see, but when their side's too weak.
The King would fain have purg'd the house of five,
Because they stole the King's perogative.
The States would needs the rotten members out,
Because they hindered what they went about.
Fairfax inverts both houses into one,
And that's as bad's a dissolution.
A Cromwell makes all people take an oath,
T'were pity two houses should hold them both.
For which good service, and a trick withal
The pack remaining make him General.
And in requital of their good intent,
He constitutes another Parliament.
The law that brought the upper house to yours
Is sure the same that put you out of doors.
And why should that be told so great a sin
Without the doors, which was not so within?
To seven years' service you could well agree,
And are you angry now he sets you free?
If you'll not take the freedom he does give,
Pray be content to serve him while you live.
The thing which Parliament did first intend
The General hath brought unto an end.
For as at first it was your good intent
To bring delinquents to due punishment,
Ill counsellors, enemies to the State,
Whore-masters, drunkards, and a juggling pate,
The army now hath done't, and when they went,
They found them in the house of Parliament.
Now old reformers for delinquents go,
For here are those that dare recall them so;
And old delinquents may come home again
And show their faces, just like honest men.
An old Divine must for new doctrines seek
Which are not found in th' Hebrew nor the Greek;
And that's the reason why the gifted teachers,
Impounding of the word, excel our preachers.
Now to reward the army for this thing,
Let all be lords, and let my lord be king;
And if the king and lords do please to rule,
Who votes for Commons I will vote a fool."
[2 pages.]
Aug. 2. 5. Petition of Col. David Barclay to the Protector. I am a just creditor to the Earl Marshal [of Scotland] for 1,500l. borrowed by him in July 1648, to pay debts contracted before 1648 ; but he being one of the persons exempted from pardon, his estate is not to be charged with anything done by him since April 1648; therefore this sum being the most of my subsistence, I shall be in a worse case than most of the excepted persons, which I have not deserved by any opposition to Parliament or you, since 1648, for though frequently urged, I refused to engage in the late war. In 1652, I was a commissioner for electing the deputies to perfect the union of the nations, and have always been ready to promote the Parliament's interest, applying both to Major-Gen. Deane, and Col. Lilburne, when commanders-in-chief. I beg your order to the Commissioners for determining the claims on the estates of excepted persons, to allow this debt, though beyond the date allowed by the rules. With holograph reference thereon by the Protector to Council, Major-Gen. Lambert to take care of it. [1½ pages.]
Aug. 2. Order in Council that the Commissioners at Leith examine the matter, and if they find that petitioner had no hand in the late war against the Commonwealth, and that the rest of his petition is true, they are to order the debt to be paid. The Committee for determining claims on Scotch estates to observe what the Leith Commissioners shall order. [I. 78, p. 465.]
Aug. 2. Council. Day's Proceedings.
4. To prepare an Ordinance for settling post fines. Mackworth to bring it in.
5. Lambert, Desborow, Sydenham, and Jones, to prepare an establishment for the armies in England, Scotland, and Ireland.
6. Mackworth, Montague, and Jones, to bring in an Ordinance to empower the Irish Commissioners to compound with all Protestant delinquents there not excepted from pardon, provided the fines are not less than 2 years' value of their estates as they were in 1640.
11, 12. His Highness nominating to Council the Lords Commissioners Whitelock, Widdrington, and Lisle, the Lords Chief Justices Rolles, and St. John, Ed. Montague, Wm. Sydenham, and Wm. Masham to be Treasury Commissioners,—resolved that each one is approved by Council. [I. 75, pp. 464–466.]
Aug. 2.
Whitehall.
Pres. Lawrence to the Lord Mayor and aldermen of London. His Highness and Council hear that a great part of the first 3 of the last 6 months' assessment for London is still in arrear, which will hinder public service, and subject the defaulters to free quarter. We therefore desire you to get in the arrear speedily. [I. 75, p. 465.]
Aug. 3. 6. Petition of John Langham, late alderman of London, to the Protector. On complaint of pressure on my person and estate, you ordered the Council of State to hear my counsel about the import from Holland of some silks and cotton yarn, exported hence in the time of my restraint. On encouragement, I told my factors beyond seas to send the goods, hoping for my order before their arrival; but the time of Council is so taken up that I cannot obtain an audience. Pray grant me license, if they arrive, to receive them, on payment of customs, and on bond to stand to the order of Council, without danger of confiscation. With order thereon that Council speedily determine the case, but if the goods arrive before, petitioner may receive them on bond, on the terms named in this petition. 31 July 1654. [1 page.]
Aug. 3. Order in Council on the question negativing the petition. [I. 75, p. 467.]
Aug. 3. 7. Petition of Ant. Mildmay to the Protector. I was employed by the late Parliament and Council of State to attend the late King's children at Carisbrook Castle, Isle of Wight, with certain allowances, which were in arrears when Henry Stuart was sent beyond seas. The late Council of State ordered them to be paid by the Revenue Committee, and that Committee ordered payment from the Exchequer, but there is a restriction of payment there. As I contracted debts to maintain the children, I beg you will take off the restraint, and order my 269l. 19s. arrears. With reference thereon to Council, 14 April 1654. [1 page.]
Aug. 3. Reference thereon by Council to Thos. Fauconberg, to state what is in arrear to Mildmay of the sum allowed by Parliament for maintenance of the late King's children. [I. 75, p. 467.]
Aug. 3. 8. Petition of Isaac Preston, bailiff, and other aldermen and common councilmen of Great Yarmouth, to Council. On receipt of a writ from the sheriff of Norfolk to the bailiffs, we published to the aldermen and common councilmen for the election of our 2 members of Parliament to be at the Guildhall on 6 July, when we met, and chose Col. Wm. Goffe and Thos. Dunne, an alderman, it being the ancient custom of the borough to elect the burgesses in common council. But other freemen of the place, who are dissatisfied with its present government, proceeded in a popular way to elect 2 other burgesses, which we consider of dangerous consequence to the future peace of the place. Signed by Thos. Bendish, Sam. Shipdham, and Wm. Emperour. [1 page.]
Aug. 3. Note that divers of the petitioners were called before the Council, and the Lord President informed them that the matter is proper for Parliament to determine, but Council will try to preserve their just right and the interest of honest men. [I. 75, p. 468.]
Aug. 3. Council. Day's Proceedings.
5. Order on a report from the clerks of Council [see 31 March, p. 61 suprà] that the following sums be paid out of Council's contingencies to the clerks, &c., of the Parliament Committees, viz.:—
£ s. d.
Thos. Lawes, clerk of the Trade Committee 38 8 0
Chas. Thetford, doorkeeper 23 7 4
Jas. Bagster, messenger 11 10 0
Wm. Dalby, clerk of the Prisoners' Committee 50 0 0
Wm. Thompson, clerk of the Committee for Advance of Learning 30 0 0
153 5 4
Annexing,
9. i. Report of the clerks to the effect of the above order. [1 sheet.]
9. ii. Draft of the above report, noted as read 27 April 1654. [1 page.]
9. iii. Notes of calculation of Lawes' salary at 100l. a year, &c. [1 page.]
6. An Ordinance for 200l. to be paid to Mary Logan by the Commissioners at Leith, being approved by the Protector, passed.
7. An Ordinance for the better support of the Universities in Scotland read, and referred to Lambert, Sydenham, Pickering, Mackworth, Fiennes, Skippon, and Strickland, to speak with the Scotch Ministers and others on the present debate in Council, and report.
8. Lambert reports an Ordinance touching the fines imposed, by the Ordinance of pardon and grace to the people of Scotland, on several persons therein mentioned, which was read, and referred to the above-mentioned Commissioners.
10. To advise an Ordinance authorising the allowance of 2,000l. as doubled money to John Clerke.
11. An Ordinance to raise 600l. for Ed. Elvines, alderman of Worcester, out of delinquents' estates in that county, read and committed.
12. The Treasury Commissioners to consider the best way to transfer the receipts at Haberdashers' Hall and Goldsmiths' Hall to the public Treasury.
14. Pickering, Strickland, and Jones to direct the method of paying out of the 10,000l. ordered for Council's contingencies, and to see the plate served in for his Highness and the money due on Francis Downham's warrant for household stuff first satisfied.
16. Falconbridge to audit Col. Rob. Hammond's account for money received from the public revenue, and to report. [I. 75, pp. 467469.]
Aug. 3.
Ravensworth Castle.
10. Wm. Vane, to his brother, Sir Hen. Vane, jun., Bellew, Lincolnshire, to be forwarded by the Grantham postmaster to Boston, and thence sent as directed. I send an abstract of Latham's account of the arrears left him to collect, and rents received last Lady Day. My father is resolved to keep me here till after Michaelmas, when I will look after your rents, and hope then to keep you company when you go southward.
Sir Arthur [Hesilrigg] has been in these parts a fortnight, and seems to have been chosen both in Leicestershire and Newcastle against his will, and is in great straits whether to act in Parliament or keep out, but will stay hereabouts till Michaelmas. Some report you are chosen for Lincolnshire.
You will know the considerable success our forces have lately had against the Scotch under Middleton. [1 page.] Annexing,
10. i. Note of corn and hay brought in, or still to bring in, on certain farms. With marginal note [by Wm. Vane]. 4 Aug. 1654. [1 page.]
Aug. 4. 11. Petition of Wm. Dutton, prisoner to the footguard in the Mews, to the Protector, for the liberty of his own house, on bail. Coming from France 8 weeks since with his Highness' pass, was apprehended, brought to London, and sent to the Mews. Has long had quartan ague, and now has scurvy, gout, dropsy, and stone, which will increase by restraint, and render his life most miserable. With reference to Council's speedy consideration. [1 page.]
Aug. 4. 12. Petition of Jos. Sheldon, prisoner with the Serjeant-at-arms, to the Protector, for discharge. I have been 10 weeks close prisoner by your order, endangering health and fortune; as I subsist only by my trade, I shall be undone if my chargeable imprisonment continue; I have always been unblameable, and never acted against government. With reference thereon to Council. [1 page.]
Aug. 4. 13. Petition of Thos. Bunce, prisoner in the Tower, to the Protector. Thanks for the mingled justice and mercy in his liberty on bail. His restraint has taught him that he ought to walk inoffensively, but its continuance makes him lose much precious time, which might be spent in showing his affection to government. Begs liberty, that he may wipe away some of the tears of a tender mother. With reference thereon to Council. [1 sheet.]
Aug. 4. 14. Petition of John Digby to the Protector and Council. I am bound in 500l. to attend your further orders, whereby I neglect my own affairs, having 600l. of corn growing and nobody to look to it. I pray a hearing to prove my innocency, or discharge on begging your pardon for not resenting the injuries done Sir W. Farmer as much as you expected, and as I now think I was bound to have done. [1 page.]
Aug. 4. Order thereon for his release, and for delivery to him of the bond to attend Council's pleasure touching the differences between him and Sir Wm. Farmer, Bart. [I. 75, p. 470.]
Aug. 4. Council. Day's Proceedings.
1. Order on report from the Commissioners for preservation of customs on Col. John Clerke's letter (referred to them June 21),— concerning the proceedings of Lazarus Bramble, owner of the Hercules of the Isle of Wight, laden with coals, seized at Guernsey, because he directed it to St. Malo, contrary to the sale of the lading;—that although there appeared a fraudulent intention to deceive, yet as it was not executed, the ship and lading be discharged, and Bramble be at liberty to unlade it where he please. Approved 7 Aug. Annexing,
15. i. Report on which this order is founded. 27 July 1654. [1 page.]
3. Order that the Commissioners for Customs pay ½ the subsidy for goods that have been or shall be exported since 30 March last, on due proof as directed by the 2nd article in the instructions appended to the book of rates, though they have been or may be sold, or of any such goods exported, provided their form or nature has not been altered.
The Committee for preservation of Customs to be authorised to issue warrants as they might have done before 24 June last for disposing of the Algiers duty, and the new Friday 4th coals (sic) granted for relief of the poor. Approved 7 Aug.
4. Order on report from the Committee on the petition of the Committee for the accounts of the Commonwealth, that on account of service done, 100l. apiece be paid to John Greensmith, Hen. Robinson, and Pierce Robinson, members of the Committee, to be paid out of the Committee's Treasury. For their future satisfaction, and for service, and other matters in the petition, they may appeal to Parliament.
5, 6. Desborow and Sydenham to tell Alderman Fowke the sense of Council on to-day's debate concerning him, viz.: that in consideration of his losses and sufferings, 3 Charles, for his refusal, in obedience to Parliament, to pay tonnage and poundage, 5,000l. be assigned him from the fines set by the Act of pardon for Scotland, in course after previous claims thereon of Col. Horton, and if any part remain unpaid, it shall be provided for some other way.
7. An Ordinance for better support of the universities and public preachers in Scotland read, amended, and agreed to.
8. An Ordinance to allow certain debts and payments to the University of Glasgow read, agreed to, and passed.
9. Also an Ordinance for setting up lectures in Scotland.
10. The Ordinance passed Aug. 1 about a Committee for Adventurers for lands in Ireland, not being yet printed, amendments moved by Maj.-Gen. Lambert agreed to. [I. 75, pp. 470–472.]
Aug. 5/15.
Antwerp.
16. William Marquis of Newcastle to Sec. Nicholas. Remind his Majesty to renew to me those offices and places that his late father gave me, that others may not pass them, his Majesty not knowing of it.
They are:—
Lord Lieutenant of co. Notts.
Lord Lieutenant of Sherwood Forest, which that worthy person the Earl of Clare has had from Parliament since my misfortune.
Custos rotulorum of co. Notts.
Custos rotulorum of co. Northumberland.
If it please God his Majesty comes to his throne, which I make no doubt of, I may certainly take back all my lands which the rebels have got possession of, without troubling his Majesty, even though my traitorous servants have sold them to rebels, for the law would give them me ; but I name this that an exception may be made for them, if the King should give to any courtier or others any of the rebels who have any of my land. [2 pages, holograph.]
Aug. 7. 17. Petition of Alex. Blaire, tailor, of Rood Lane, London, to the Protector. I have been prisoner in the Tower since 12 June, because letters were casually or maliciously directed to me from persons I never knew. I have told all I could imagine about them to Dr. More, that he may inform you. When I was examined by you and Council, all my books of accounts, bills, &c. were taken, and and now I cannot follow my calling, and my wife and children have nothing to subsist on. I beg release on bail, and restoration of my books and papers. With order thereon granting the petition. [1 sheet.]
Aug. 7. 18. Petition of Joanna Savile to Council. His Highness granted me ⅓ of what I should discover, for my great sufferings by fire, &c., and for a debt of 6,075l. I have real discoveries to make, one being of Crown lands worth 500l. a year, but as I know not where to bring them, I pray you to appoint a Committee to receive them; I have been at charges 3 months since obtaining the order. [1 page.]
Aug. 7. 19. Petition of Hum. Bagaley, prisoner in the Tower, to the Protector, to be brought to trial, or released and acquitted. Was taken from Highgate 21 May, and sent to the Tower for high treason, where he has lain at great charge and prejudice to his health, without examination or accusation. Has never offended against government, and there must have been misinformation. With reference thereon to Council. [1 sheet.] Annexing,
19. i. Warrant by Council to Col. Barkstead, Lieutenant of the Tower, to receive and keep him prisoner for high crimes against his Highness and the State. Whitehall, 21 May 1654. [1 page.]
Aug. 7. 20. Petition of And. George, dancing master, prisoner under Col. Goffe's guards, to the Protector, for release. Coming out of France 2 months ago, was taken on suspicion of being one in the late plot, but never examined, and lies forgotten, being a poor man, and living only by his profession. Is innocent of any plot against his Highness or the State. With reference thereon to Council. [1 sheet.]
Aug. 7. 21. Petition of Theodore Naudin, M.D., to the Protector. I have been imprisoned since 23 May last, whereby I and my wife and little children are reduced to extreme poverty. No true information can be given about me of designs against you or the State. I revealed all I knew of the French agent's designs, and acknowledged my imprudence in not telling you of it. I will humble myself in the lowest manner for any offence, and I am accused of several other heavy ones besides this. I beg release on bail, with liberty to follow my calling. With reference thereon to Council. [1 sheet.]
Aug. 7. Approval by the Protector of 16 orders, 17 July to 4 Aug. [I. 75, p. 472.]
Aug. 8. 22. Petition of Dorcas, widow of Dr. John Braine, minister of Soake, near Winchester, to the Protector. Her husband was sent to Soake by a Parliament Committee, and remained till his death. The Sequestration Committee were ordered to pay him 100l. a year, of which 40l. was due at his death. Begs payment thereof, and an allowance from the stipend for herself and 8 small children, her creditors having taken all she has. With reference thereon to Council, 31 July 1654. [1 page.] Annexing,
22. i. Order by the County Committee for payment to Braine of 90l. arrears of his augmentation, as his family are necessitous, and it would be dishonourable to Parliament if he were not paid. 3 Nov. 1649. With note of his receipt of 50l. thereof. [1 page.]
22. II. Order of the Committee for Plundered Ministers that his augmentation be paid from Whorwell rectory, sequestered from Sir Edw. Nicholas, delinquent. 26 Dec. 1649. [2/3 page.]
22. III. Like order on his petition for his arrears to be paid from the said rectory, Mr. Woodward, late minister of Crux Easton, being first paid. 19 June 1650. [1 page.]
22. iv. Like order for payment therefrom of 40l. arrears to Mr. Braine. 16 Oct. 1650. [2/3 page.]
Aug. 8. Order thereon in Council that Falconbridge pay her the 40l. arrears, and that Major, Rous, and Sydenham consider either to settle a pension of 30l. a year on her from the revenues for maintenance of ministers, or to relieve her from discoveries some other way, and report. Ordinance passed 10 Aug. Approved 14 Aug. [I. 75, pp. 476, 478, 486.]
Aug. 8. Declaration in Council that as several licenses have been granted the Earl of Clanricard to continue in England, in order to his transport beyond seas, but he has desired a prolongation, having been unable to dispatch his business, he is to be suffered to remain in England, without let or molestation, till 1 Oct., he acting nothing prejudicial to the State. [I. 112, p. 50.]
Aug. 8. Council. Day's Proceedings.
1. The Admiralty Committee to issue a warrant to pay to Wm. Hempson, deputy treasurer to Gen. Blake's squadron, for the fleet going into the Mediterranean, 1,000l., and to provide letters of credit for the commander of the fleet, to take up sums not exceeding 11,000l., while they remain abroad; the Navy treasurer to pay the money on the letters of credit. Approved and passed 11 Aug.
3. The Treasury Commissioners to consider where 8,000l. may best be charged, to make up the 5,000l. to be paid out of the customs to 13,000l., to complete the provision for his Highness' household to 9 months, ending 16 Sept. 1654.
5. The 36l. a year augmentation allowed to Nath. Brewster, late minister of Neatishead and Irstead, Norfolk, to be continued to John Leverington, a person of eminent gifts, now minister there, and the Trustees for maintenance of ministers to pay it on certificate from the Committee for approbation of public preachers. Approved 19 Aug. Annexing,
23. i. Certificate by the Trustees for maintenance of ministers, in pursuance of orders from the Committee for reformation of the Universities of 26 Sept. and 27 Nov. 1650, that 34l. be granted for increase of maintenance to Nath. Brewster, viz.: 11l. from Neatishead, reserved to the late Bishop of Norwich; 10l. from Attlebridge rectory; and 13l. from North Elmham rectory, his present maintenance being but 60l. a year. 31 Dec. 1651. [¾ page, copy.]
6. The Ordinance for support of the Scotch Universities and public preachers being approved with some alterations, passed, and to be printed.
7. The instructions for Gen. Monk, Commander-in-chief of the forces in Scotland, to be put in execution with the advice of Col. Geo. Fenwick and Capt. Charles Howard, read and agreed to.
8. The whole number of his Highness' lifeguard to be 45, besides officers, all with increased pay; captain, 20s. a day, soldiers, 5s., trumpeters, 4s., &c. The army establishment to be altered accordingly, and the Army Committee to issue their warrants accordingly. Agreed to 11 Aug. Approved 14 Aug.
9. The report of an Ordinance for postage of letters inland and foreign, as amended by the Committee, read, and the time settled at 3 years from June 30, 1653, and some other amendments agreed to.
11. An Ordinance for the relief of creditors and poor prisoners, with Henry Proby's name instead of — Warcup's, and the time fixed for Nov. 1, agreed to.
12. The petition of John Earl of Cassilis referred to Montague, Mackworth, and Jones, to report.
13. The Act for settling the 4 forests to be read first at the next sitting of Council.
14. Pickering and Strickland to enquire whether the prices contracted for with merchants for goods for the Protector are reasonable, and report; they include, with others of less value.
£ s. d
John Stone, 6 pieces of tapestry hang-ings, story of Vulcan, Mars andVenus, in his Highness' lodgings at Whitehall 350 0 0
John Boulton, 5 pieces of rich arras hangings, being the 5 senses 375 0 0
Ralph Grafton, 6 pieces of tapestry,story of Hero and Leander 180 0 0
Clement Kinnersley, hangings, tapestry,Turkey carpets, &c. 168 6 0
15. Wm. Lenthall, master of the Rolls, or in his absence Wm. Ryley, to deliver to Clement Kinnersley, for his Highness, all the wardrobe goods which came out of Scotland at the taking of Stirling Castle, now in the Tower, i.e., the 2 rich canopies, 3 chairs of State, 1 footstool, 6 high stools, 1 crimson velvet furniture for a bed, and divers silk curtains. Approved 19 Aug.
16. Gen. Blake to deliver to Kinnersley for his Highness' service 2 pieces of tapestry hangings—the story of Hercules—which came from Col. Walton, being lent him with other things from Somerset House. Approved 19 August.
18. An Ordinance for redress of abuses on the Thames, as amended by the Committee, agreed to.
19. 24. Order on petition of Thos. Marshall, collector of Customs at Rye—stating that the seamen belonging to 13 French ships laden with bank fish were taken by our fleet, and have repaired from Plymouth to Rye for their passage home, having no means left for their subsistence—that Marshall allow each of them during the delay before their passage 6d. a day, which will be repaid out of the receipt for prize goods, and that he try to get them a passage quickly. Approved 19 August.
For description of No. 24(a b) See addenda at the end of the Vol.
20. Lambert, Mackworth, Sydenham, and Montague, to consider how to ascertain the payment of the salaries to those appointed of the Council in Ireland; also to send to the Commissioners for approbation of public preachers, to recommend a fit person for their minister.
21. The business of Nathaniel and Thos. Young to be considered at the next sitting. [I. pp. 473–6.]
Aug. 8. Order by the Commissioners for appeals on Excise that, whereas by Act of 16 Sept. 1645, all merchants, importers, &c., are ordered on notice to give in accounts of goods sold, bartered, spent, or on hand ; and whereas by Act of 14 Aug. 1649, the Excise Commissioners may once a year or oftener, require like accounts of importers of foreign goods ; yet divers merchants trading in wines from Spain have not given in the accounts demanded, and have been summoned for arrears, whereupon they crave allowance for leakage and other accidents on their past accounts, and future assurance of the excise of wines according to tunnage:—Now all who subscribe their submission to this order this month are to be acquitted of all reckonings on former Acts, and to account in future according to the Act of 1649, and according to the entry of the tonnage of each ship, and 22 per cent to be allowed for leakage, &c. Extraordinary cases to be referred to the said Commissioners, but in general cases, no other abatements to be expected. All who subscribe hereto are to bring in 7 days a statement on oath what Spanish wines they had before 25 March 1654, and what they have imported since, and the 22 per cent. shall be allowed. Those who do not subscribe shall be proceeded against by the laws of excise, without favour or pardon. [Excise Coll. pp. 141–7, Vol. 98, June 1655.]
Aug. 10. Council. Day's Proceedings.
1. The Admiralty Commissioners to sit in the late Gen. Blake's room in Whitehall. The surveyors to order the rooms to be prepared.
3. Order for a warrant to the Treasury Commissioners to pay Dr. Rich. Minshall, master of Sydney College, Cambridge, the arrears of the augmentation settled by Parliament on the mastership.
8. An Ordinance for Sir John Wollaston and the former Treasurers at War, and the Treasurers for sequestration and composition to pay money on warrants from the Army Committee read, and agreed to.
9. 25, 26. His Highness' learned counsel to consider the draft of "an Ordinance for vesting in the mayor, bailiffs, and burgesses of Berwick on Tweed lands and tenements within the bounds of the town, for the perpetual repair of the bridge there," and to report. [I. 75, pp. 477–478.] Annexing,
26. i. ii. Report by Solicitor-General Wm. Ellis, suggesting several alterations in the above Ordinance submitted to him by Council, and making several queries thereon. 12 August 1654. [2 copies, 1½ pages.]
26. iii. iv. Answer to the doubts or queries made by Mr. Solicitor, arguing in favour of the grant of lands, as Berwick is not bound to repair the bridge, it being made by King James, and maintained by him and his son out of the Exchequer. Aug. 1654. [2 copies.]
Aug. 10. 27. Petition of Lieut. Edw. Harper, and Ensign Arnold Baxter, for the church of God in Stopford, to the Protector. God has gathered together many of his people in fellowship, and provided for them Sam. Eaton, who has been pastor there and at Duckenfield 10 years, and a famous instrument for conversion and building up; but by reason of taxes and other losses, they cannot maintain him well nor even continue their present small pittance to him. The State has granted him 40l. a year, but many younger men have 100l., and few as little as 40l., unless they have more from the place where they preach. Beg an addition to his salary. With reference thereon to Council, to direct a further allowance for him. [1 sheet.]
Aug. 10. 28. Petition of Gilbert Gerard, prisoner in the Tower, and dame Mary, his wife, to the Protector. Living in co. Worcester, I came to London last Easter, on business with John Gibbons, of Covent Garden, about the sale of some of my lands to pay my debts and supply myself; but he being in Yorkshire, I should have returned home had not Mrs. Gibbons persuaded me to wait 10 days for him. When I had been here 3 weeks, I was apprehended on a crime of which I am wholly ignorant, and thereby put to great charges, and prevented prosecuting my business. I can produce my articles with Gibbons. I beg release on bail or otherwise. With reference thereon to Council, to liberate him on bail, if they judge meet. [1 sheet]
Aug. 10. 29. Petition of Rich. Willis, prisoner in the Tower, to the Protector. I have been close prisoner since 26 May last, but neither loss of liberty nor friends so burdens me as the fear of being fallen into your displeasure. I hope in your compassion that you will accept sufficient bail for my enlargement, and I will express my gratitude by obedience. Also I still beg a license to transport some Irishmen to serve the Venetians against the Turks, engaging for the faithful performance of my propositions. With reference thereon to Council. [1 page.]
Aug. 10. 30. Petition of John Hippon, prisoner with the Marshal in James's garrison, to the Protector. Is very sorry to have offended, being a soldier in his Highness' own regiment and company. Begs discharge, and some allowance to pay for his diet and lodging, and will recompense his weakness with double fidelity. With reference thereon to Council. [1 sheet]
Aug. 10. 31. Petition of Edward Hudson, clerk, prisoner with the Marshal in James's garrison, to the Protector. Is contrite for his sin, as to obey the present higher powers ought to be the practice of all Christians. Begs that his deep sighings may be heard; is old, poor, and blind, has neither wife, child, nor near kinsman, and no means but what Providence sends him. Begs liberty, free discharge with the Marshal for diet and lodging, and some small pittance for subsistence, in imitation of Christ, who had special compassion for the blind. With reference thereon to Council. [1 sheet.]
Aug. 11. 32. Petition of Rich. Griffith, late scholar in Eton College, to the Protector. I lost my preferment into King's College, Cambridge, by the designation of Mr. Mole to the first vacant place. I hear of a resolution to send to Dr. Owen, or Dr. Arrowsmith, to reserve a place for one of the Eton scholars, who might come short on Mr. Mole's account, and beg it may be bestowed on me, as being the first that should have been preferred. [1 page.]
Aug. 11. Pres. Lawrence to Dr. Owen, dean of Christ Church, Oxford, and Dr. Arrowsmith, master of Trinity College, Cambridge. Rich. Griffith, a person of merit, piety, and proficiency, would have obtained University preferment before now, but for his Highness' respect for Mr. Mole, whose father lost his life in the Romish inquisition for the truths of the Gospel. His Highness and Council request Griffith's preferment on the first occasion. [I. 175, p. 479.]
Aug. 11. 33, 34. Petition of divers well-affected persons in Lancashire and Cheshire, tenants to oppressing landlords, to the Protector. We have hazarded life and all in these wars to maintain the Parliament's interest against bloody Papists and cavaliers, hoping to be set free from future bondage; but the yokes of the oppressors are not yet broken, and their malice is 7 times hotter than before. They have turned some of us out of doors, and threaten to turn out the rest, for our service to Parliament, which will depopulate the northern counties, and dishearten thousands ; the redress is only in you. Let the Act for protecting tenants against oppressive landlords, read twice in the late Parliament before its dissolution, be revived and passed, or else appoint a Committee to hear the tenants, examine and certify, staying all ejections at law meantime, provided the certificates be returned before 31 Jan. 1654–5. [2 copies. Also I. 92, No. 163.]
[Aug. 11.] 35. Petition of the tenants of Thos. Dyke of Warthole, and others co. Cumberland, to the Protector and Council. The Lord has permitted us, for our ignorance and obstinacy, to be vassals 500 years under the late monarchy of the Norman race, but he has now removed the yoke, and appointed you ruler of his people, to ease them of their oppressive burdens. In pursuance of our freedom, an Act was twice read in the late Parliament, but not passed on account of its dissolution ; therefore we present to you our intolerable grievances from delinquent landlords, who lay yokes on us that would make us beggars to eternity. They aggravate our sorrows by the pretence that you are engaged to maintain their oppressions, but we hope you will take care—
1. That we may walk with the Lord without persecution.
2. That our Egyptian yoke may be taken off our neck. So will you be a Moses to this English Israel, and gain all hearts to loyal love and obedience. Having devoted our lives and estates to the carrying on of this great work, we beg that the intended Act before Council, solicited also by thousands in Cheshire and Lancashire, may be speedily established, or we released otherwise from the rage of our tyrants. With the names of Capt. Chas. Howard and 5 others suggested as Commissioners for examination. [1 sheet] Annexing,
35. I. Particulars of the oppression of the landlords alluded to, in exacting fines, and heriots, gifts of poultry, compelling labour, forbidding the felling of wood or digging for stone, &c. [1 sheet.]
Aug. 11. Reference of both the preceding petitions to Sir Chas. Wolsley, Sir A. A. Cooper, Sir G. Pickering, Col. Mackworth, Maj.-Gen. Lambert, and Col. Jones, to report. [I. 75, p. 480.] Annexing,
36. i. Report on these petitions, that the said Act be resumed, and that meanwhile Sir Geo. Booth, Bart., and 9 others, named for co. Chester; Sir Ralph Ashton, of Whalley, and 13 others for co. Lancaster; and Chas. Howard and 6 others for co. Cumberland, try an accommodation between landlords and tenants, and report the cases where they fail. [Draft, 2 pp.]
Aug. 11. Council. Day's Proceedings.
1. In the draft of Gen. Monk's order, dated June 14 last, the words "or such other lands as the Lord Deputy or Council shall think fit," to be added after "lying in counties Wexford and Wicklow."
2. Jones, Mackworth, Strickland, and Sydenham to prepare and bring in an Ordinance for settling on Commissary-Gen. Reynolds so much land in Ireland as may make up 500l. a year.
5, 6. The Ordinances for relief of creditors and redress of abuses in the Thames, with alterations and additions by the Protector, passed, and to be printed and published.
7. An Ordinance to enable the soldiers who served in the late war to exercise any trade read, and referred to Desborow, Mackworth, Cooper, and Wolsley, to report. Annexing,
37. i. Report by Mackworth and Sydenhamon the petition of several reduced officers and soldiers for leave to betake themselves to honest callings, from which they are prevented without 7 years' apprenticeship, by the privileges granted to corporationsthat whoever has served 3 years between 1642 and 1653 should set up any trade of which he is capable, in any city or town, any law or custom notwithstanding; and if he be molested therefor, on proof that he has served 3 years, the jury are to find him not guilty, and the plaintiff to pay him double costs. 4 July 1654. [Draft, 1 page.]
37. II. Copy of the above. [1 page.]
9. The draft of an Ordinance concerning the salaries of the Treasury officers read, and agreed to. Approved 14 Aug.
10. The officers for probate of wills to remove their office books and records from Westminster to the place in London where they were before.
11, 23. An Ordinance for empowering Commissioners for distribution of money awarded to merchants for damages sustained by the detention of their ships and goods in Denmark, read, and agreed to. Approved and passed.
12, 22. An Ordinance empowering Commissioners to appoint magistrates and counsel in the respective boroughs of Scotland for the next year read, and agreed to, approved with the names of the Commissioners, and to be printed and published.
13. Mr. Embree to find a convenient place out of Whitehall for the Commissioners for approbation of public preachers to sit.
16. The petition and report of Matth. Young of Stratford, co. Essex, referred to Montague, Desborow, and Sydenham, to report.
17. Mr. Elvine and Mrs. Guise's Ordinances to be considered next Monday.
18. Mackworth's report from the Committee on Ed. Dendy's petition read. [I. 75, pp. 479–481.]
Aug. 11. 38. Assignation by Wm. Davy of Wymondham, co. Norfolk, to Sam. Porter, merchant tailor of London, of a debt of 3l. 15s. due to him from Capt. John Edwin, Porter having paid Davy the said sum. [1 sheet.]
Aug. 11.
The Old Warwick, Falmouth.
39. Capt. Will. Cockraine to the Admiralty Committee. On the 30th of July I met a fleet of Holland merchantmen, under convoy of a man-of-war, between the Lizard and Ushant; the former struck their topsails, but the man-of-war would not, alleging I was not in the British but the Spanish seas; as he was surrounded by his convoys and other ships from Spain, and there was much wind, I could not fire upon him. I want to know how far is intended by the British seas, and how far our power reaches, so that we may make no unnecessary broils.
On the 7th inst., we met 26 more Dutch merchantmen bound for the Straits, and as they would not strike, we fired 30 guns amongst them before they submitted. This obedience is not to the frigate, but to his Highness the Protector, and thus to the least or the greatest under his command.
On the 9th, we met 2 Yarmouth ships from Rochelle, who had been chased by 6 Brest men-of-war, which on their showing fight left them. Smith has gone for Rochelle to see what English ships are there, and to get men, and Capt. Cubitt for Scilly, leaving me orders to ply between the Land's End and the Lizard. I also met two great Hollanders bound for the East Indies, and 7 English bound for Malaga and Port-a-Port. I have come in for water, and will then return to my station. [1 page.]
Aug. 12.
Gravesend.
40. Richard Bere to Thos. [Robt.] Blackborne. His Excellency (the Portuguese ambassador) received similar advice to yours from Secretary Thurloe. He is determined to sail on Monday, as the greater part of his goods are on board, though the frigate should always prefer the service of the State. [⅓ page.]
Aug. 12. 41. Deposition of Miles Hill that Edw. Pitt, of Kire, co. Worcester, elected for the next Parliament, said at Webly, on 2 August last, that he would be hanged before he would be subject to any instrument in Parliament, when the people had chosen him for their liberties, meaning the Lord Protector's instrument, and that he believed that instrument would come to nothing. [½ page.]
Aug. 13. 42. Report of Wm. Ellis, solicitor-general, on a reference from his Highness about settling the Post office. Being an M.P. and a member of the Committee for the Posts, I know something concerning them. There were the foreign and the inland office, both of which were granted to Thos. Witherings, the inland for his own life only, the foreign for his life and that of Frizel, who is still living.
Before the Parliament of 1640, the King sequestered both offices, on which Witherings petitioned Parliament, the sequestration was voted illegal, and he was restored to the foreign but not to the inland office. After his death, Sir David Watkins enjoyed it for his wife and children till the late Council of State put him out and gave it to Manley. Watkins wishes his patent tried by law, but if this Ordinance pass, his right, if he have any, is concluded. I ask whether you will use the legislative power to conclude any man's right. Witherings' estate in the inland office was ended at his death; Lord Stanhope claimed it by patent, but I do not remember his title. [1 page.]
Aug. 14. 43. Petition of Richard Hippisley, late Captain of Sandgate Castle, Kent, to the Protector, for payment of the arrears of his pension out of his discoveries of any estates due to the State. Had a life patent for the castle with 40l. a year, and held it 25 years, in which time his pension fell 280l. into arrears, and he lent 50l. on public faith, as Sir Hen. Heyman can testify. Was removed by Lord Fairfax on pretence of impotency through age, without satisfaction for his place, in which another is settled. With reference thereon to Council, 21 April 1654. [1 sheet. Also I. 92, No. 137.]
Aug. 14. Order on report of the Committee of Council for petitions,—that 251l. 13s. 4d. is due to him for arrears and disbursements for repairs, and that he offers to discover 100 acres of concealed land, and to purchase it, and desires the debt to be abated from the purchase,—that 1/5 of what comes in by his discovery be allowed him, and he allowed to buy the land at 15 years' purchase, and the Sequestration Commissioners are to hear the discovery, and allow him the 1/5. Approved 19 Aug. [I. 75, pp. 482, 512.]
Aug. 14. 44. Petition of Elizabeth, widow of Wm. Guise, tailor of Worcester, to the Protector. Had 100l. a year granted on the votes of the late Parliament out of the estate of Thos. Hornihold, Papist delinquent in co. Worcester, but his estate is only for life. Begs in lieu thereof a sum from the sale of his woods in Hanly and Great Malvern. With reference, thereon to Council, to put her case into an effectual way, 26 June 1654. [1 page.]
Aug. 14. Order thereon in Council allowing her 500l. from money arising by sale of land to be discovered by Capt. Rich. Hippisley, after his 1/5 is paid, to be in lieu of a grant of 100l. a year on lands in Ireland, to her and her children, for her husband's faithfulness to the State, and in lieu of a grant by Parliament, 6 Sept. 1651, of 100l. a year from the estates of persons who had adhered to the enemy in the business at Worcester. [I. 75, p. 482.]
Aug. 14. Note of a petition of Chris. Vine, usher in the Exchequer, for 132l., his arrears and disbursements for fire, candles, &c., in attending several committees, many orders having been made for his relief. [I. 92, No. 91.]
Aug. 14. 45. Order on report from the Committee for petitions in his case, and that of his two sons,—that Vine has died since the petition; that he spent 92l. 18s. for firing, lights, paper, &c., for the committees of Parliament that sat in the Exchequer chamber, beside 40l. received therefore, that 40l. a year should be paid him for 12 years' services; and that the late Committee for Plundered Ministers (?) had requested allowance to him of 600l. owing to the State from the executors of Sir Simon Every, late receiver-general of the duchy, which particulars are also in a report from Major Horman, Gervase Bennet, and Mr. Gooking, on a reference from the Protector,—that the said 600l. be assigned to Vine's widow and children, and that the Commissioners for Sequestered Estates be examined on the debt, and apply it for relief of the widow and children in fit proportions. Approved 19 Aug. [1 sheet. Also I. 75, p. 483.]
Aug. 14. 46. Petition of Sir Sigismund Zinzan, alias Alexander, to the Protector. Lately set forth in his petition that there was 3,000l. due to him for arrears as esquire to the late King, and on a pension of 100l. a year granted him for life, and part of 10,000l. disbursed to pay his troop, when he served under the Earl of Essex. Has no other livelihood, and being lately deprived of the 20l. a year, part of his pension, is reduced to extreme want, and filled with many infirmities of old age, and has nothing wherewith to defray the charges of soliciting, if referred elsewhere. Begs a speedy order for his pension of 100l. a year, and 300l. to discharge his great debts, and will then waive his claim to arrears. [1 page.] Annexing,
46. I. Accounts for his service as major and captain in Col. Goodwin's regiment under the late Earl of Essex, bringing him in debtor to the State 306l. 11s. Signed by Nich. Domvill, registrar to the Committee of Accounts. [1 page.]
Aug. 14. Reference thereon in Council to Sydenham, Jones, and Pickering, to report. [I. 75, p. 485.] Annexing,
47. i. Report on the petition by Cols. Wm. Sydenham and Phil. Jones, that 20s. a week should be allowed him in respect of his necessitous condition till further order be taken. 20 Feb. 1654–5. [2/3 page.]
Aug. 14. 48. Petition of Thos. Buck, of Cambridge, to Council, for a pass for Wm. Tirrell, of Saterly, Suffolk, to go to France, and return with Peter, son of Sir Step. Somes, of Heydon, co. Essex, now in France for education, and under petitioner's tuition. [1 page.]
Aug. 14. Order in Council granting the petition. [I. 75, p. 486.]
[Aug. 14.] 49. Petition of Rice Vaughan to Council. Maurice Lewis, sheriff of co. Merioneth, finding that I and John Vaughan of Kenenbodig competed for the place of knight of the shire, ordered the election to be at Bala, in a corner of the county, and very inconvenient. This was at the instance of Edw. Vaughan, of Lloydart, co. Montgomery, and other malignants. At their instance also, though my electors were at the place on 12 July, by 8 a.m., he delayed reading the writ till late in the day, because Edw. Vaughan had gone into Montgomeryshire, to promote the election of his kinsman, promising to return in time. He returned next day, Thursday, with 40 armed men from other counties, who were received with shouts by the rabble, and requested the sheriff to command me out of court, asking what I had to do there, and assaulted me, but I took it patiently. John Vaughan had before offered to get me returned unanimously, if I would not prosecute Edw. Vaughan at Haberdashers' Hall for the arrears of near 9,000l. due to the State out of Herbert Vaughan's estate, but I refused the terms.
During the election, which lasted till Friday night, many of my electors were tired and discountenanced by the justices of peace then sitting at quarter sessions, and some were taken into custody and abused. I was much abused and affronted, yet still I was elected by a majority, as I can prove by the notes of the 2 clerks; but the sheriff would not let me see the number of the votes told, but counted them himself in an obscure place, and so returned John Vaughan, who was a Commissioner of Array against Parliament. I beg examination, and if John Vaughan is not qualified, an order to the sheriff to amend his return, as directed by law. [1 page.]
[Aug. 14.] 50. Reasons why there is no need for a new election in co. Merioneth, in case Council judge John Vaughan incapable to sit.
The 16th article of government voids all elections contrary to law, but allows the competitor to have the return amended.
The 21st article does not authorise a new election if one of the competitors is a capable person, so as not to give the people undue trouble.
The Committee of Privileges never order new writs, but only amend false returns.
In John Vaughan's case, the miscarriage of the sheriff would make void the election were he capable ; therefore the return should be amended, not a new writ issued. [1 page.]
Aug. 14.
Whitehall.
51, 52. Order in the Committee of Council on election petitions, summoning Griffith Lloyd, David Ellis of Bodweny, and Hun. Ap Hugh Ap Ellis of Llangar, all co. Merioneth, to appear as witnesses on the petition of Rice Vaughan. With like notes of summons for witnesses on other election cases for Surrey, Tiverton, Ely, Southwark, Leicestershire, Hereford, Herefordshire, and London. 21–31 Aug. [22/3 pages and scrap.]
Aug. 14. Council. Day's Proceedings.
1. The Committee on the petitions and complaints against persons returned to serve in the next Parliament to issue summons to witnesses to appear and give evidence.
2, 3. The Ordinances for settling the 4 forests as a further security for the soldiers' arrears, and for abolishing all rural prebends and other ecclesiastical preferments without cure in England and Wales, to be read next Monday.
4. An Ordinance for payment of 600l. to Ed. Elvines of Worcester read, and agreed to. Approved 1 Sept. and to be published.
8. 53. The Admiralty Commissioners speedily to appoint a ship of war to transport the Commissioners appointed for Ireland.
9. Scobell to bring in an Ordinance for settling 1,000l. a year on each of them.
10. The augmentation granted by an order of July 11, 1654 to John Eaton, minister of Bridport, co. Dorset, to be paid him by the Trustees for Maintenance of Ministers, from the time the former augmentation of 80l. granted him out of the tithes of Bradpole ceased. Approved 19 Aug.
12. 54, 55. Order on report of the Committee to whom Lancelot Emott's case was referred [see p. 170 suprà] that 100l. be allowed him in lieu of all demands, and that Col. Sydenham report on what treasury it should be charged. Approved 19 Aug. Annexing,
55. i. Report thereon, recapitulating the case—also stating that Emott served from 16 May 1651 to 20 April 1653, and should be paid his balance of arrears due during the session of last Parliament, and the pay during the interval of the Parliaments is submitted to Council. 19 May 1654. [1 page.]
13. The Admiralty Commissioners to make strict examination concerning several goods alleged in a paper delivered by Mr. Thurloe to have been shipped at Venice, aboard the Golden Star of Hamburgh, for Alex. Ceconi, a Swedish gentleman, and find out how they were plundered, to summon any witness, and report.
14. Order on information of the charge of high treason against Wm. Oham, that the Serjeant-at-arms attending Council apprehend and bring him to Council to answer.
15. A warrant for payment of the last quarter's rent for Sir Abr. Williams' house to be signed.
17. The report from the referees on Ed. Stephens' petition referred to the Treasury Commissioners, who are to examine the matter and report, so that if any undue proceedings have taken place, the guilty persons may be dealt with. Meanwhile the trustees for sale of forfeited estates are to forbear proceedings about the lands in question.
18. A report from the counsel learned on Col. Simon Rugely's petition, concerning the discovery of the State's title to marsh lands in Walton, Walsoken, and Walpole, co. Norfolk, referred to Wolsley and Mackworth, to consult with counsel, and prepare an Ordinance to clear the Commonwealth's interest, not forgetting the petitioner's arrears.
22. Order on information that a quantity of plate belonging to the late Dean and Chapter of Paul's is concealed from the Commonwealth, that the Commissioners for Sequestrated Estates receive information therein, and issue warrants to seize all such plate discovered, secure it for the State, and report. Approved 2 Sept.
25. Approval by the Protector of 6 ordinances before named; also of one authorizing the discharge from sequestration of lands settled on trustees for Lady Eleanor Fitz-Williams.
26. An Ordinance authorising Fauconberg to pay several sums read, and agreed to, with additions. Approved 19 Aug. [I. 75, pp. 481, 583.]
Aug. 14. Grant by Richard Deacon, cloth worker, to Thomas Wells, haberdasher, both of London, for 63l. 10s., of the remainder of a lease, for 21 years from 10 April 1651, of a messuage, shop, &c. in Fleet Street, at a peppercorn rent. [Parchment. Interregnum, Box 2, No. 5.]
Aug. 14.
Plymouth.
56. Capt. Hen. Hatsell to the Admiralty Committee. I send a copy of an order given to the captain of the Nonsuch, who has sailed to Chester. The Taunton has come in, wanting 50 men, and will stay for General Blake. The Martin has gone to Portsmouth.
Capt. Heaton of the Saphire has come in with two French ships taken coming from Greenland, laden with oil; he also had a sharp scuffle with another stout Frenchman from St. Christophers, and boarded her twice, but could not carry her on account of the storms. He lost a man in the fight, and had 6 or 7 wounded, 3 dangerously, and the frigate is much torn with the shot. Several of the men-ofwar that were at Brest have removed to Port Lewis, near Bell Isle, where they have taken 4 or 5 English vessels, 3 of which belong to Dartmouth; they keep the coast between that and Rochelle, where your English frigates have no orders to ply, but I think one should range that coast. [1 page.] Annexing,
56. i. Order by Capt. Hatsell to Capt. Thos. Penrose, of the Nonsuch, to sail to Westchester river, receive moneys for Ireland from the Treasurer-at-war, take them to Dublin, and deliver them to the Treasurer-at-war there. Plymouth, 21 July 1654. [Copy, ¾ page.]
[Aug. 15.] 57. Petition of William Earl Marshal of Scotland to the Protector. By Council order of 12 April 1654, my estate, with those of other excepted persons, is made over to trustees, and nothing allowed for maintenance of me and my family. I am at great expenses as prisoner in the Tower, which I cannot support, and beg an allowance for myself, wife, and family. With reference thereon to Council, 7 Aug. 1654. [1 sheet.]
Aug. 15. Order thereon in Council that 3l. a week be allowed him out of Council's contingencies till further order. [I. 75, p. 487.]
[Aug. 15.] 58. Petition of Mary Cosins, for herself and 5 other children of Dr. Cosins, to the Protector. Her father being sequestered 10 years since, the County Commissioners ordered 1/5 of the estate to be paid to John Blackston, late M.P., their uncle, for their maintenance, &c. He being dead, and the Dean and Chapter lands, from which most of their father's estate of 1,500l. a year issued, being sold, they have little left, and the profits of the small estate left them are detained by those who enjoy it, as Dr. Seaman, master of Peterhouse, Cambridge, and Mr. Lever, of Brandspeth, co. Durham. Got an order for their 1/5 from the late Committee for Plundered Ministers, but it was rendered fruitless by the dissolution of that Committee. Their mother and uncle being dead, they have no friend to move for them.
Their father's library is in Peterhouse, and they got an order that it should not be disposed of, but by loss and embezzlement it is not now worth 1/6 of what it cost. Begs an order for the books, and 1/5 of the estate, having spent in solicitation most of the little substance left her by some friends of her mother. With reference to Mr. Strickland, Col. Mackworth, Sir Gilb. Pickering, and Sir Ant. Ashley Cooper, to think of some relief, and move Council to direct it. [1 page.]
Aug.? 59. Report thereon by Strickland and Mackworth that the children should have 1/5 of the estate, and especially of Brandspeth rectory in Mr. Lever's hands; also that the books should be delivered them by inventory, they repaying the college 40s., paid to the sequestrators on their delivery, and the profits of the books may be employed on their maintenance and education. [Draft, 12/3 page.]
For description of No. 59 a & b See addenda at end of this Vol
Aug. 15. Order in Council confirming the report, and granting Mary and her sisters 1/5 of their father's estate with arrears, to be paid by all who receive the profits thereof, and also the books delivered by the sequestrators by inventory to Peterhouse, Cambridge, which the master is to deliver up on payment of disbursements. Approved, 19 Aug. [I. 75, pp. 489, 513.]
Aug. 15 Council. Day's Proceedings.
5. The 500l. ordered 27 July to Capt. Peter Backhouse to be paid from the fines imposed on the people of Scotland by the Act of grace. Approved 19 Aug.
9. Order—on information that Sir A. A. Cooper has occasion to carry timber and stones to his building at —, which will require a greater draught of oxen and horses than is allowed in the late Ordinance for repairing highways,—that he be at liberty to use as many oxen and horses as he requires without penalty. Approved, 19 Aug.
10. Scobell to bring in an Ordinance for giving general liberty to use a greater number of oxen and horses than prescribed by the late Ordinance for highways, during the 3 months of the year when they will receive least prejudice by a greater draught.
13. Commissary-General Whalley, and Cols. Cock and Clarke, to receive and report on the accounts of Col. Mat. Tomlinson, who is presently to repair to Ireland as a commissioner there.
16. Permission to Peter Venables, Baron of Kinderton, co. Chester, to use as many oxen as necessary to convey millstones for the mill in Cheshire, which will require more than the legal number. Approved 19 Aug.
17. The alterations proposed by his Highness to be made in the 6th Article of the Bill for regulating the jurisdiction of Chancery agreed to. Approved 19 Aug.
18. An Ordinance for Phil. Smith to be named one of the chief clerks of Chancery, paying Lawrence Maidwell, late one of the 6 clerks, ⅓ of the yearly profits, agreed to. Approved 19 Aug.
19. Order on report of the Committee on the petition of Anne Howard, daughter of Sir Chas. Howard deceased, for payment for herself and her sister Elizabeth, the administratrixes of their father's estate, of 2,640l. arrears of the annuity granted by patent to Sir Charles out of the half of such discoveries as she shall make; also on an order of the Public revenue committee of Oct. 25, 1649,—that they be allowed ½ of any money brought in by debt or estate real or personal, due to the State, and not pardoned by the Act of Oblivion, brought in and prosecuted by them, till it reach 2,000l; that the Commissioners for sequestered estates at Haberdashers' Hall examine and determine all such discoveries till the 1,000l. be satisfied, and issue their warrants to the Treasurers to pay ½ of the discoveries to the petitioners, and use the other ½ for the State. Approved 28 Aug. [I. 75, pp. 486–491.]
Aug. 15.
Whitehall.
Council to the Justices of Peace for co. Derby [on petition of Rich. Woolaston]. As the steward of the Barmote Court in the Wapentake of Wirksworth has been interrupted in his duties by persons meeting tumultuously, you are to assist him in preserving peace and preventing riots, and proceed according to law against all offenders. [I. 75, p. 488.]
Aug 15.
The Saphire, Catwater.
60. Capt. N. Heaton to Robt. Blackborne. Pray present to the Commissioners my letters detailing a scuffle with the French, and put a favourable construction upon them, as I am no scribe, but a seaman who went through much danger and trouble in the encounter, and my ship, like others, almost lost for want of men. We are like to lose all we gained in the late war, as the French and Dutch go in fleets, and the Dutch are very stubborn, and beat us if we engage. [¾ page.]
Aug. 15.
The Saphire, Catwater.
61. Capt. N. Heaton to the Admiralty Committee. On the 5th, I met a fleet of Hollanders from St. Martins, to whom the Great Boor (who was vice-admiral to John Van Gall in the Straits) was convoy, with his flag on the mizen topmast head. I fired a shot, when he struck, and then sent my lieutenant on board to inform him that he had not fulfilled the articles of peace, and that keeping his flag and topsails aloft, when within shot of one of the ships of the State of England, was a great abuse, and gross affront by the State of Holland to the Commonwealth; to which he replied that if he had shot again, he could have justified his actions, and was not bound to strike, being upon his own coast, and that his submission was not one of duty, but brotherly love. As soon as the lieutenant returned, he hoisted his topsail and flag again. I had a good mind to fight him, but wanted a lawful excuse, he having previously struck; I desire proper instructions how to act in cases of a similar nature. [2 pages.]
Aug. 15.
The Saphire, Catwater.
62. Capt. N. Heaton to the Admiralty Committee. I met on the 6th 2 English and 3 Flemings from Bourgnœuf, who reported that they had been chased by 2 Brest men-of-war, and that there were 6 or 7 near Bell Isle, who had taken 5 or 6 English ships; so I plied that way, and chased one that got to a little harbour in Fountain Head, where I could not follow. I also met a Portuguese from Brazil, with Dutch prisoners, bound for Nantes; they were overjoyed when informed of the peace.
On the 9th, I chased and took two ships of Rochelle, from Greenland, with oil, and manned them with my own men, not without danger, having 79 able prisoners and not as many men, my crew having been but 120 instead of 170.
On the 12th, I engaged with another Frenchman, but as I could not board him for want of men, we lay to and fired into one another. I never received so much damage before, except in the last engagement with the Dutch, and all for want of more men, being 50 short of my complement. You will remember my former engagement with the French, when 3 ships were taken, 2 of which were worth 80,000l. If I met with such now, I must leave them with shame, for want of men, and be branded as a coward. My prisoners on board were far the strongest, and when they got into Plymouth, and were let loose to make the ship fast, they were ready to tear their hair to see our weakness and their own strength. [3¾ pages.]
Aug. 16. Note of a petition, referred to the Committee for petitions, of Fras. Webb, that his account may be stated for arms and other supplies for the State, amounting with interest to 3,120l., and the money paid out of the excise, or remainder of Dean and Chapter lands. With reference thereon to Mr. Falconbridge and Sherwin, whose report was returned 18 Sept. 1655. [I. 92, No. 88.]
Aug. 16. 63. Petition of Rich. Tempest, Esq., to Council, for a pass, with one servant to go to Dieppe or any other port of France, and return, his private affairs requiring his presence there. [1 page.]
Aug. 16. Order granting the pass. [I. 112, p. 52; I. 113, p. 34; I. 75, p. 487.]
Aug. 16. 64. Petition of the godly in and about the chapelry of Walmesley, co. Lancaster, to the Protector and Council, to call to account Francis Isherwood, Thos. Kershaw, Roger Walkeden, George Walmesley, and John Welch and others, who have locked the chapel doors against Michael Briscoe, their minister, some time chaplain to His Highness' regiment of foot in Scotland, a person of known integrity, and one from whose ministry they have reaped much benefit, he being also approved by the Commissioners appointed by His Highness and Council. He has faithfully preached the gospel there these four years, and they beg he may not be forced from them. 24 signatures. [1 page.]
Aug. 16. Reference thereon to Sir Rich. Haughton, Bart., Thos. Birch, Edw. Robinson, Gilb. Ireland, and John Sawry, to report, and meantime to take order that Briscoe be not debarred from teaching there; and if they find any persons have broken the peace, to cause the laws in that behalf to be executed. [I. 75, p. 492.]
Aug 16. 65. Petition of 8 English and 11 French seamen in Dorchester gaol to Col. Sydenham, for employment. We were taken at sea in a Brest man-of-war, and have suffered the extremities of strangers in restraint. You being of this county, we before petitioned you on our starving condition, and now beg your mediation with the Protector or Council, that we may be employed in shipping service, on engagement not to act against the present Government. [1 page.] Annexing,
65. i. List of the said prisoners. [⅓ page.]
Aug. 16. Order thereon that the prisoners being committed for piracy, Lieut. Bedford, keeper of the prison, send to Barbadoes such of them as are willing to go. Noted as suspended on the 19th. [I. 75, p. 492.]
[Aug. 16.] 66. Petitions of divers of the well-affected of Southwark to the Protector and Council. On Tuesday, 27 June, the day appointed for choice of burgesses, the nominees were Col. John Hardwick and Peter Lannoy on one part, and Sam. Highland and Rob. Warcup on the other; on orderly division, the former were greater by ⅓ in the judgment of unbiassed people and the under-sheriff, but the bailiff, who was Warcup's father, long refused to give his judgment or go to poll. At last poll was taken, and by not asking the habitations, and taking the votes of dangerous persons, polling their own party first, and threatening some-the day being far spent, and a great rain falling which enforced persons of quality to withdraw to neighbours' houses,—he hastily closed the poll, and prevented many from voting. We beg another choice, removal of a notoriously partial bailiff, and declaration whether the voters must be worth 100l. The bailiff declared this to be the sense of Council, and yet acted otherwise. 121 signatures, 2 being by mark. [1 sheet.]
[Aug. 16.] 67. Reasons offered to Council why Sam. Hyland and Rob. Warcup are neither duly elected nor qualified to act as burgesses for Southwark:
Hyland seduced the electors by a glosing speech of self praise.
The majority were for Hardwick and Lannoy.
Sundry artifices detailed were used to weary the electors on the other side.
The poll was managed by their own party and after their own will.
They obliged all who voted for one to vote for both, having no separate columns.
They used menaces and violence, Col. Hardwick was twice struck, and others were beaten and abused.
They kept the party out in the great rain, and then, by a clandestine Oyez in the house, hastily dissolved the company. With the names of witnesses to each article. [3 sheets.]
[Aug. 16.] 68. Petition of the well-affected of Southwark to the Protector and Council. By the 17th article of the Instrument for Government, the members of Parliament are to be persons of known integrity, fearing God, and of good conversation; and by the 21st article, persons elected by the majority are to be returned. Sam. Hyland and Rob. Warcup were so returned, but most unduly, as we have represented, and are incapable on both grounds, therefore we beg justice. 163 signatures, 4 being by mark. Many of the names coincide with those on the previous petition. [1 sheet.]
[Aug. 16.] 69. Reasons why Sam. Hyland and Rob. Warcup are not qualified to sit as burgesses for Southwark. Accusation of Hyland for unjust dealings as justice of peace, in imprisoning and releasing persons without due grounds, receiving bribes, condoning the fines of Sabbath profaners, granting warrants to carriers to travel on days of humiliation, favouring the Levellers, and making no conscience of speaking the truth.
Accusation of Warcup for Atheism, tippling and gaming, crooked carriage at the election, bribery, and breach of trust. [1¾ sheet.]
Aug. 16. 70. Order in the Committee of Council for petitions, that Friday afternoon next be appointed for Southwark. [¼ page.]
[Aug. 16.] 71. Petition of the gentlemen and freeholders of co. Warwick to the Protector and Council. Sir Rich. Temple, Bart., has been chosen for our county, although he will not be of age till next April. The sheriff told the people openly at the election that he was under age, but that he had a dispensation from his Highness. We beg a new writ to choose another. 40 signatures. [1 sheet.] Annexing,
71. i., ii. Certificates by Wm. Williams, registrar of the parish of Martin's-in-the-fields, that Richard, son of Sir Peter Temple, Bart., was baptised 28 April 1634. 26 July and 16 Aug. 1654. [2 copies.]
[Aug. 16.] 72. Petitions of divers gentlemen and freeholders of co. Warwick to the Protector. To the like effect. Not signed. [1 page.]
Aug. 16. 73. Notes of orders for the hearing of the several cases before the Committee for Elections, 11 and 16 Aug. [2/3 page.]
Aug. 16. Council. Day's Proceedings.
1, 2. The Ordinances touching the 4 forests to be a further security for the soldiers' arrears, and that concerning the persons fined by the Ordinance of pardon to the people of Scotland, to be considered to-morrow.
4. Wm. Tasborogh and John Gillet, who were discharged from being warders of the Tower, and committed to prison there by order of 1 June 1654, in respect of Mr. Tudor's escape through their neglect, to be set at liberty.
5. In the order of 8 Aug. concerning an augmentation to Mr. Leverington, it is to be inserted that the same begin from when Mr. Brewster left the sequestration.
9. The arrears of 711l. 4s. due to Sergeant Dendy for his personal services to be paid out of the 4 forests settled for soldiers' arrears.
10. The petition of Sir Ed. Seabright referred to Wolsley and Mackworth, to report.
11. Council being informed of meetings of Papists, Jesuits, and ill-affected persons at Wolverhampton, co. Stafford, request Sir John Worley and Capt. John Stone to inquire into the matter, prevent such meetings, apprehend dangerous persons, and proceed against priests and Jesuits according to law. [I. 75, pp. 491–493.]
[Aug. 17.] 74. Petition of Gilbert Keate and other owners of the Marmaduke to Council, for restoration of their ship, as granted in like cases. In 1650 they set out the ship to Russia and the Straits; in her voyage to Leghorn, she was encountered by Prince Rupert's fleet, and taken after 6 hours' fight, by which they lost 5,000l.
In 1651, at Cape Verd islands, the English mariners on board freed themselves from Prince Rupert's servitude, and brought the ship to Plymouth, with goods value 1,400l., of which 880l. was ordered to be given by the State to the mariners.
In May 1652, the ship was fitted as a man-of-war, and sent convoy to Ireland, and has so continued 2 years, so that 4,000l. is due for her, beside 900l. for service to Parliament in the Narrow seas in 1644.
By the Act of 17 April 1649, if the ship had been retaken by the State's fleet, she would have been restored to the owners, on paying salvage; but being brought home by the mariners, she should be restored without salvage, the rather that 500l. was brought thereby into the Treasury, besides the 880l. to the mariners.
Petitioned both Council of State and the Protector, who referred them last February to the Admiralty Commissioners, and they have misreported the case. [1 page. See 15 March 1655.]
[Aug. 17.] 74a. Like petition of Gilbert Keate to the Protector. [1 page.] Annexing,
74. i. Statement by the owners of the Marmaduke of precedents bearing on their case.
The London surrendered in the Downs to Prince Charles, came with his fleet into the river to encounter the Parliament's forces, returned with the fleet to Holland, and was thence brought over by the Parliament fleet to England, yet the owners have enjoyed her since.
The Roebuck was taken by Prince Rupert, carried into Lisbon, and fitted for a man-of-war, but retaken by the Parliament fleet and brought home, and the owners had her on paying 1/8 salvage.
The Marmaduke was not brought back by the Parliament fleet, but by her own mariners, yet the captain has been made prisoner, and the vessel was taken in May 1652 as a convoy for Ireland. [2 pages.]
Aug. 17. 75. Petition of Rob. Michel, master of the St. Lewis of Dieppe, to the Protector, for a pass for the ship, which has been graciously restored to him, and the goods to Dieppe, on account of the eminent dangers of the seas. [2/3 page.] Annexing,
75. i. Thos. Kendal to Lord Lambert. I must trouble you for a pass for my French captain, whose ship you got restored on valuation, lest he be taken by the frigates that lie on that coast. [2/3 page.]
Aug. 17. Order thereon granting the pass. [I. 112, p. 55; I. 113, p. 38; I. 75, p. 508.]
Aug. 17. Council. Days' Proceedings.
4. The petition of the dissolved family which attended the late King's children under protection of Parliament referred to Skippon, Rous, and Major, to report.
5. The Ordinance for ejecting scandalous, ignorant, and insufficient ministers and schoolmasters, after additions and a proviso, read and agreed to.
6. An additional Ordinance, to explain the Ordinance appointing Commissioners for Approbation of public preachers, referred to Mackworth, Wolsley, Jones and Cooper.
7. The petition of Leonard Clayton, minister of Blackburn, co. Lancaster, for confirmation of an order for an augmentation, referred to Mackworth and Rous, to report.
8. The petition of Thos. Waring, merchant of London, for many inhabitants of the town and parish of Preston, and chapelry of Goosnargh, Kirkham parish, co. Lancaster, 7 miles from the said parish, referred to Mackworth and Rous, to report.
9. The petition of Allen Apsley referred to Lisle, Wolsley, Jones, and Cooper, to report.
11. The Ordinance for taking account of the tithes in Wales to be read next Tuesday.
12. Mr. Batchelor's business, concerning the difference between Lord Herbert and him, to be considered to-morrow.
14. Order—on notice that the repairs at Whitehall, and their charges are not regularly managed,—that Pickering, Strickland, and Jones request His Highness that in future they may be managed by fit persons appointed by him.
15. Mr. Embree's petition for payment of moneys due to him from the State sent to the Commissioners for regulating customs and excise, to report.
17. Resolved on an Ordinance touching forests, read the first and second time, that the power of His Highness and Council for giving commissions and instructions shall not exceed 3 years. The Ordinance thus amended, with the commission and instructions, read, and agreed to. Approved 19 Aug. Annexing,
76. i. Instructions alluded to for the Commissioners to survey the forests, &c., enquire into the ownership, the rights of commons, herbage or pannage, and the late erection of cottages, and examine and determine claims; posting up the day of meeting in every church and chapel near, some days beforehand; to disallow grants in general words from the Crown, or the trustees for sale of crown lands; assign for commons waste ground, and reserve the timber for the State; to conclude no agreement till certified to his Highness and his Council; to suggest what improvements can be made, what timber sold, what highways laid out, and note especially the value of the oak and elm timber. [4⅓ sheets.]
19. Lambert reports amendments to the Ordinance for the 4 forests as security for officers and soldiers, which were read, a clause for 711l. to Ed. Dendy added, and the Ordinance agreed to. [I. 75, pp. 507509.]
Aug. 17. 77. Warrant by the Commissioners for inspecting the Treasuries to the Treasurers-at-war, to pay 2,279l. 2s. to Rich. Hutchinson, to be issued on warrant of the Admiralty Committee. Receipted 22 Aug. [1½ pages.]
Aug. 18. 78. Petition of John Gibbon and the participants in the level of Hatfield Chace, cos. York, Lincoln, and Notts, to the Protector. We were many years possessed of 7,400 acres in Epworth manor, co. Lincoln, which was drained at great charge, many families planted, and the whole tilled. Lieut.-Col. John Lilburne, Major John Wildman, and other inhabitants, laid waste the houses, demolished (Santoft) church, and destroyed the growing corn; and then a contract was made and sealed unlawfully, whereby Lilburne and Wildman were to have 2,000 acres, and defend the inhabitants in quiet possession of the rest. These rioters were excepted from the Act of Oblivion. Wildman afterwards denied with oaths that he was to have 1,000 acres, or was present at the bargain, till the deed was produced, and he confessed his hand and seal. We hope that you will not allow a person guilty of such crimes to sit in Parliament. [¾ page.]
Aug. 18. 79. Like petition of Gibbon to Council, noting that Lilburne and Wildman encouraged the rioters to demolish the enclosures by saying that they would be of the next Parliament, and would see justice done them. That they destroyed thousands of acres, and turned out 100 families. Also that in the printed list, Wildman is returned as member for Scarborough. [1 page.]
[Aug. 18.] 80. Petition of Geo. Batchelor and Edw. Southes to the Committee of Council to whom Lord Herbert's petition is referred, to consider their case and their statements, as to the ground of their purchase of a fee farm rent of 88l. 3s. 10d. issuing out of his lands, as they can procure no counsel, and Lord Herbert's counsel has argued that their case is very sad and ruinous, if judgment be given against them. Hope the judgment in their favour will not be impeached. [2/3 sheet.]
Aug. ? 81. Report by Justices Atkins and Hale that the lands are not liable to the said rent, being settled by Parliament on Lord Herbert as a purchase, and discharged of such rents. The purchasers thereupon consented to surrender their interest, on satisfaction from the State, which the justices think they should have. Therefore they are to be reimbursed their purchase money for the said fee farm rents. [2/3 page.]
Aug. 18. Order thereon that a reprize of 1,200l. be allowed Mr. Batchelor for the fee-farm rent purchased by him, and the case referred to Jones, Mackworth, Cooper, Strickland and Wolsley, to find out how best to settle the matter, and report; the Treasury Commissioners to consider on which treasury 1,200l. may soonest be raised to satisfy Mr. Batchelor; and the Commissioners for removing obstructions to forbear further proceedings in the matter. [I. 75, pp. 509–510.]
Aug. 18. 82. Petition of Wm. Cham, of Wood Street, London, to Council. Is imprisoned at Lambeth by their warrant, knowing neither the cause nor his accusers. Thinks he is mistaken for another man of the same name in his street. Begs a hearing that he may defend himself, follow his vocation, and provide for his perishing family. [1 page.] Annexing,
82. i. Sir Rob. Tichborne to Col. Sydenham. Pray let Cham know the cause of his commitment; he is an officer to the sheriff of London, and has a wife and 3 children to provide for. London, 17 Aug. 1654. [¾ page.]
Aug. 18. Order thereon that Mr. Jessop send for Cham and the person of the same name, and also the informant, see whether there be any mistake as to the person, and report. [I. 78. p. 510.]
Aug. 18. 83. Petition of Louisa Houston to the Protector, for a weekly pension or some supply, her husband having never borne arms against Parliament, and been 2 years in the service in Scotland. Her father, Sir George Carew, left her a large estate, increased during her minority by the death of her brother Sir Francis, and the care of her mother, Lady Thomasine Carew, now dead; the late King wished to marry her to John Houston, who had been his servant from youth; but her friends objecting on account of his want of estate, the King granted him 400l. for their 2 lives, which was paid till the late wars, but has been unpaid 12 years; most of her portion is spent, and she has contracted great debts. With reference thereon to Council, 20 May 1654. [1 page.]
Aug. 18. Reference thereon by Council to Col. Mackworth and Mr. Rous, to report. [I. 75, p. 510.]
Aug. 18. 84. Case of Hugh Woodward, purchaser of James' field. Purchased the field in 1651, at an improved rate of 164l. 5s. 7d., from the trustees for sale of the late King's lands, and executed the privileges granted by Act of Parliament to such purchasers, in selling several small parcels of the ditch, but this has been petitioned against, and the petitioners referred to Council, and by them to Cooper and Strickland. Has done nothing contrary to law, and sold at 18 years' purchase, though he bought at 20 years', yet it will be worth double that rate, if he may have the benefit of the said Act, since confirmed by his Highness. Has waited several months for the report, and for the pleasure of Council, to make the best advantage of his purchase. Endorsed as delivered from Lady Ranelagh. [¾ page.]
Aug. 18. 85. Charge against Bennett Hoskins, burgess elect for Hereford city:—
1. He acted with others on a commission from the late King to raise money.
2. He acted on a like commission to raise men, horse, and arms, and a jury was impannelled therefor, who were afterwards prosecuted as delinquents.
3. He brought men and arms into the city to defend it for the King.
4. He sent in arms to Sir Wm. Vavasour, governor of the city for the King.
6. When the Scots besieged the city, he and his eldest son left it, and joined the King's party, and his horses were taken by the Scots as from an enemy.
6. Though a member of the late House, he left it, but put in his plea, and his estate, questioned for delinquency, was freed by the benefit of that Act of Parliament.
7. The voice of the country is that in the late war he was on the King's side.
8. He sent him a horse and man voluntarily, but pretended he was forced thereto. Noted as laid aside. [1¼ pp.]
Aug. 18. 86. Copy of the above. [1 page damaged.] Annexing,
86. i. Commissions by Charles I. to Wallopp Brabazon and 16 others, including Jas. Rodd and Bennett Hoskins, to demand account of the supplies of money raised in the city and county, sending certificates thereof into the Court of Chancery. Oxford, 23 April 1644. Copy certified, 28 Aug. 1654. [3 sheets.]
86. ii. Deposition of Jas. Rodd, of Hereford, to the issuing of this commission, and that the Commissioners distributed themselves into the several hundreds to execute it, and Ben. Hoskins and Thos. Tomkins took accounts for the hundred of Evyas. 28 Aug. 1654. [1 page.]
Aug. 18. Council. Day's Proceedings.
5. Mackworth and Rous to consider some papers delivered to-day, concerning an augmentation for the minister of Bradford.
7. The Ordinance for relief of several persons in Scotland on whom fines are imposed by the Act, as amended by the Committee, read, the quorum made 5, and agreed to. Approved 19 Aug.
8. Order on report of the Committee on the town and parish of Manchester, and on an order of the Council of State of June 29,1653, in which the gathering of the tithes of the rectory there of 400l. a year value, was directed to be forborne;—that the occupiers of titheable lands in the town and parish pay their proportion of the 400l., or give tithes in specie; and that the officers collect the tithes notwithstanding the order of the late Council of State. Also that the 120l. a year formerly allowed Mr. Herrick, a minister of the town, be continued to the ministers there, and divided by the Trustees for Maintenance of Ministers. Approved 19 Aug.
10. The 20s. a week allowed by Parliament to Jane, widow of Fras. Rowe, from Haberdashers' hall, and stayed by the late order for bringing the revenues into one treasury, to be paid from the Treasury in future, and the arrears from Council's contingencies.
11. 40s. a week to be paid out of the Council's contingencies to William Earl Marshal of Scotland, above the 3l. a week allowed by order of July 15.
12. Several papers from the Dutch ambassadors, concerning ships detained at Plymouth brought in by the Constant Warwick frigate, read, and referred to Jones, Wolsley, Strickland, Cooper, and Mackworth, to confer with the Admiralty Commissioners and judges, and release the ships if they see cause.
13. The petition of Lieut.-Col. Benj. Norton and others referred to Strickland, Jones, Mackworth, Wolsley, Montague, Cooper, Major, and Rous, to report.
14. Order upon the desire of the Committee on the papers from the Dutch ambassadors, that the King Solomon of Schiedam, and the St. John of Amsterdam, being taken one from Leghorn and the other from Lisbon, with their lading and company, be forthwith released, and that the Prize Goods' Commissioners, take notice, and permit them to proceed on their way. [I. 75, pp. 509–512.]
[Aug. 19.] 87. Petition of Wm. Collins, Edw. Budd, and 5 others of the wellaffected of Peterborough, to the Protector and Council. We have always stuck close by the interest of Parliament, and on 6 July, elected Major Alex. Blake, a person of known integrity, our member; but the disaffected nominated Hum. Orme, who is not a man of good conversation, and his party would not read the instrument of government, nor allow it to be read. The bailiff also refused to take the votes of any who lived within the Minster close, though qualified, whereby Major Blake had the less number, though we consider the election was his. We beg that he may be admitted burgess. [1 page.]
[Aug. 19.] 88. Exceptions against Hum. Orme, that he favours and keeps company with cavaliers ; is a swearer, drunkard, and quarreller; that he employed 2 agents to go from house to house and get him the votes of the disaffected; and that when he was a justice of the peace, he discouraged complaints of profaning the Lord's Day. [2/3 page.]
[Aug. 19.] 89. Ten queries to be put to Edw. Newman, Capt. Collins, Mr. Turner, &c. relative to Orme's conduct on the above points.
[Aug. 19.] 90. Notes of witnesses to be examined on the several points. [2/3 page.]
Aug. 19. 91. Order in the Committee for elections, that a copy of the charge against Mr. Orme, returned for Peterborough, be sent him; with notice that he may be heard on Friday.
Also that another copy be sent to Mr. Budd, with notice of the time of hearing, that if the prosecution be intended, witnesses may then be produced. [¾ page.]
Aug. 19.
Whitehall.
92. Letters from the Secretary of the Committee to Mr. Budd and Mr. Orme, to the effect ordered above. [1 page, drafts.]
Aug. 19. Council. Day's Proceedings.
1. Order on complaint that — Rider, and others under him, fell wood in Wallwood, Waltham Forest, that they forbear to fell or carry away more, and that the sheriff of Essex, with the power of the county if required, assist in preventing it.
2. The business concerning Lord Henry Cromwell's going to Ireland to be considered next Tuesday.
3. Approval by the Protector of 29 orders and Ordinances 8–19 Aug., including two of 14 Aug., not elsewhere given, for Mr. Forbes to be lecturer at Gloucester, and for discharge from sequestration of lands bought by Mr. Leech. [I. 75, p. 512, 513.]
[Aug. 20.] 93. Petition of divers well-affected persons in Surrey to Council. Contrary to the 17th article of Government, that all Members of Parliament are to be persons of integrity, &c., Rob. Wood, of Kingston, has been returned knight of the shire, whom we can prove to be unqualified. We pray speedy examination, and leave to choose a good man. 7 signatures. [1 page.] Annexing,
93. i. Articles against Rob. Wood. That he is illegally chosen; is a derider of the people of God; is a profane swearer and of bad life; refused assistance in sending forces to Worcester; is an enemy to his Highness and the army; opposed the Assessment Commission; refused to pay poor rates; has sided with the Cavaliers, and in the Earl of Holland's rising, engaged never to act against them. With names of the prosecutors, viz., Obadiah Weekes and Theo. Colcoth, bailiffs, Mr. Mayo, minister, and 8 others. [1 page.]
93. ii. Similar articles, adding that last Lent assizes he was put out of the commission of the peace. [¾ page.]
Aug. 20.
Godalming.
94. John Westbrooke to his brother, Caleb Westbrook, Kingston. I beg you to excuse me to Col. Wood for not attending before a Committee of Council on Monday, on account of a bad foot, but I send him my certificate. Private affairs. [2/3 page.] Annexing,
94. i. Certificate by J. Westbrooke, that he was one of the Militia Commissioners in 1651, and that Col. Wood, being charged with a horse and arms for Worcester, sent one, with a month's pay, and continued him in the service till discharged by order. 19 Aug. 1654. [½ page.]
94. ii. Certificate that while Col. Rob. Wood was a commissioner for Surrey, he did not oppose godly ministers, but improved his power to countenance them. Signed by the following ministers:—
John Platt, West Horsley.
John Holland, East Clandon.
Sam. Wickham, Purbright.
Sam. Carell, East Horsley.
Rich. Byfield, Long Ditton.
Thos. Neesham, Stoke Dalborne.
Edw. Pope, Walton.
Wm. Hampton, Blechingley.
Thos. Temple, D.D., Battersea.
[1 page.]
Aug. 21. 95. Petition of John Tracy to the Protector, for license to import 900 folio Bibles and other books in quires, which have lain on his hands 12 years at Dunkirk, by reason of the late wars; 3 years ago they could have been brought in, but since then the stationers have obtained an Act against import, though all such restraints to trade are a danger to the State. With reference thereon to Council, 10 Aug. 1654. [1 sheet.]
Aug. 21. Order in Council on question that the said petition be laid aside, and not referred to a Committee. [I. 75, p. 514.]
Aug. 21. 96. Petition of Rich. Yong and other creditors of Peter Smart to the Protector. Smart being cruelly persecuted under the late bishops, Parliament voted him 14,490l. for repair of his estate, and 10,000l. damages, out of the estates of the high commissioners, and deans and chapters of London, York, and Durham, which lands are since sold by order of Parliament for public debts. We lent him money from time to time to preserve him from perishing, and waited on the late Parliament 13 years before its dissolution, for it owned our most just cause of God against idolatry; but being now much impoverished, we beg reparation out of discovered forfeitures. Notes of orders and references made in the case by divers committees 6 Jan., 1 and 11 Aug., 13 Oct., 30 Nov., and 10 Dec. 1653, and 3 Jan. and 20 Feb. 1653–4. Also report of Aldermen Pack, Estwick, and Ireton, on reference of 20 Feb. 1653–4, that the principal debts amount to 4,045l. 5s., but with interest and charges, to 6,892l. 5s.; that many of the creditors are or will be ruined for want of their money, and that they showed their good affection by maintaining Smart during his long imprisonment under the bishops. 13 May 1654. With reference thereon to Council, 10 Aug. 1654. [1¼ sheets.]
Aug. 21. Order in Council on report thereon for payment of the 6,892l. 5s. from dean and chapter lands undisposed of after all the debts charged on them are satisfied. Also for an Ordinance to be brought in for further doubling on the remainder of dean and chapter lands after this sum is paid. Passed 29 Aug. [I. 75, pp. 515, 538.] Annexing,
97. i. Report on which the said order is founded. [¾ page.]
Aug. 21. 98. Petition of Jos. Butler, Hen. Symball, George Hussey, and Anne Faukard, widow, to Council, for payment which was suspended of the remainder of their bills for sea and post journeys [see 2 June suprâ] for these reasons:—
1. The service by sea is very hazardous, and one of them lost his life in it.
2. By their diligence, the dispatches trusted to them arrived seasonably.
3. They have consulted seamen as to their demand for sailing.
4. The year for which the demands were made was one of much action, and they had to go from place to place to find the fleet.
5. Like allowances were made by the former Council of State, but it is hoped this occasion of expense will be prevented in future.
6. The husband of one of the petitioners has since died, and his family are exposed to want and ruin.
7. Their riding post, when needful for haste, is above their ordinary charge of 6d. a mile, and 2s. 6d. a stage was formerly added. [1 sheet.]
Aug. 21. Order thereon for payment of the sums suspended, and for allowance at 2s. 6d. a stage in future for riding post. [I. 75, p. 520.]
Aug. 21. 99. Petition of Peter Barr to the Council of State, for a pass for 2 English horses for himself, having urgent occasions to travel beyond the seas, but he finds there is a prohibition for exporting horses. [½ page.]
Aug. 21. Order in Council granting the request. [I. 75, p. 522; I. 112, p. 57; I. 113, p. 42.]
Aug. 21. 100. Petition of gentlemen, ministers, and freeholders, co. Leicester, to the Protector and Council. Mr. Prettiman, high sheriff, has returned Henry Earl of Stamford and Thos. Beaumont, who were not only unduly elected, but are not qualified according to the instrument. We beg an examination, and summons for both parties, and witnesses. [½ page, no signatures.] Annexing,
100. i. Articles against the Earl, that he has assisted the late King of Scots, and is not of good conversation. [⅓ page.]
100. ii. Like articles against Beaumont. [⅓ page.]
Aug. 21. Notes of petitions, all in I. 92, referred to the Committee for Petitions, of their reports and of orders thereon in Council, all in I. 75; viz.:—
Sir Chas. Hanmer, of Hanmer, co. Flint, Bart., for naturalisation of his son William, born in France, on his wife's travelling there for business. Ordinance accordingly. [I. 92, No. 124; I. 75, p. 514.]
Hen. Knap, for payment from Haberdashers' Hall of 125l. for 6¼ years' use of his house in Wallingford castle, on an order of the Council of State of 28 Jan. 1852–3, the late restraint notwithstanding. Ordered payment from the revenue in Ireland, whither he is going. [No. 160, p. 518.]
Thos. Smith and other masters of Trinity House, for settlement of its government by incorporation, the maintaining of many poor seamen, and other public services depending thereon; by direction of the late Council of State, the Attorney-General prepared a charter and a bill for the poor, which by Parliament order have been twice examined by the Lords Commissioners of the Great Seal and 9 judges, and a docquet prepared a few days before the dissolving of the late Parliament.
His Highness to be requested to pass a charter, by advice of counsel, giving such power for relief of the sea poor as the law will admit, and the papers transferred to the Committee for Trade to be delivered to Mr. Keeling. Order that the charter be prepared as speedily as possible. [No. 24a, p. 518.]
Rowland Pitt, the late King's purveyor, for a lease of Milton manor, one of 3 discovered by him, in respect of his arrears and sufferings. To be considered on Wednesday. [No. 179, p. 520.]
Lieut.-Col. Fras. Fairfax, that 573l. 9s. arrears and disbursements may be paid him out of a discovery of great value to be made by him, and that it may be received by some members of Council. Referred to Skippon and Major, to examine its reality and value. [No. 165, p. 526.]
Aug. 21. Council. Day's Proceedings.
1. Approval by the Protector of 6 Ordinances, all of which were passed and 2 ordered to be printed.
2. An Ordinance for repealing the powers of the Irish Commissioners read the 2nd time, and to be presented to his Highness. Approved 22 Aug.
3. An Ordinance appointing salaries for the persons who are to be Council for Ireland, read, and agreed to. Approved 22 Aug.
5. Also an Ordinance for satisfying Gen. Monk's arrears. Approved 22 Aug. Annexing,
101. i. Report by the Committee of Council on a reference of 20 April on Gen. Monk's petition, [see 18 April 1654] that an Ordinance be issued authorising the Commissioners to state his accounts for all services, and that they should be paid from the lands of rebels named in cos. Wicklow and Wexford; but as those lands are already charged as security for the soldiery, the person to whom those lands fall shall have in lieu thereof land in the 4 counties of Dublin, Cork, Kildare, and Catherlaugh, reserved free by the instrument of Government. [¾ page.]
7. Several papers exhibited by the Lord President from the Dutch ambassadors concerning the Peace of Amsterdam, being in the same condition as the King Solomon and St. John, taken by the Constant Warwick, brought to Plymouth, and discharged last Friday, referred to the Committee who considered the other ships, to report tomorrow.
8. The petition of Wm. Bosseville referred to Skippon, Rous, and Major, to report. Annexing,
102. i. Report by Skippon on the petition of Wm. Bosseville and Capt. Nich. Sanderson, for payment for losses and arrears of 2,040l. and 1,475l. 4s. 3d., that Parliament ordered Bosseville's father and Sanderson the ½ of delinquents' estates discovered by them, on which Bosseville has received 1,095l. 8s. and Sanderson 265l. His Highness refers them to Council, and thinks they should be satisfied.page.]
10. 103. The Admiralty Commissioners to provide and send to the garrison of Inverlochy in Scotland the following particulars:—
3 whole culverins each with field carriages complete, shot, and other necessaries.
6 demi-culverins
3 sackers.
300 spear pikes.
200 snaphance muskets.
200 collars of bandoleers.
40 felling axes with helves.
60 axes and hatchets.
A forge, anvil, vice, bellows, and other smith's tools.
2 sets of carpenter's tools.
1 ton of iron and 2 cwt. of steel.
1 grindstone fitted.
1 double gin furnished.
5 barrels of pitch and 1 of tar.
1 pair of stillyards.
20,000 10d. nails.
20,000 8d., 6d., and 4d. nails.
13. The account of Col. Rob. Hammond, which has been examined by Thos. Fauconberg, referred to Jones, Major, and Rous, to report.
23. Order on report in the case of well affected tenants to delinquent landlords in co. Chester [see 11 Aug. suprà] referring their complaints to Sir Geo. Booth, Bart., and 9 others, to compose the differences if possible; if not to report where the default lies, that further order may be taken. Approved 28 Aug.
24. Like reference for the tenants of co. Lancaster to Sir Ralph Ashton, of Whalley, and 13 others. Approved 28 Aug. Annexing,
104. i. Proposal for the said 2 orders of reference. [1 sheet.]
25. Like reference for the tenants of co. Cumberland to Chas. Howard and 6 others. Approved 2 Sept.
28. Letters to be prepared to the sheriffs of the several counties, containing lists of the persons returned as chosen to serve in the next Parliament within the respective shriefdoms, as approved by Council, against whom no exception is depending, that they may give notice to the persons chosen. The most remote counties to be sent to first.
31. The report from Commissary-General Whalley, Col. Clark, and Col. Goffe, on a reference concerning moneys received by Col. Mat. Tomlinson from the Army Committee, for which his account is not yet passed, agreed to and confirmed, and to be transmitted to the Army Committee, who are to allow Tomlinson the sums mentioned.
34. The Committee for public debts to transmit to Council an account of their proceedings on a discovery of part of the personal estate of the late Earl of Worcester, in the hands of Lady Montague, for which a former order was passed in Council.
37. Order on a paper signed by his Highness of 18 Aug. 1654, that the names of Major Boteler, Major Ant. Markham, and Thos. Smallwood, chaplain to the Major General's regiment, be inserted into the Ordinance for additional security to the army out of forest lands, they having had no satisfaction or security for their arrears. Annexing,
105. i. Request of the Protector alluded to, 18 Aug. 1654. [⅓ page.]
41, 42. 106. Lambert, Wolsley, Strickland, Jones, and Sydenham to be a Committee to consider how 600l. a year, allowed the widow of Gen. Deane out of Lord Gerard's estate, may be settled on her, and discharged of the incumbrances on the estate, and to report; the orders formerly made containing the aforesaid gift, confirmed. With note of amendments in the Ordinance for regulating Chancery. [I. 75, pp. 514–522.]
For description of No. 106.(a) See addenda at end of this vol.
Aug. 21. 107. Petition of Capt. Jonas Poole, of the Swiftsure, to the Admiralty Committee. Begs compensation for the loss of time, and for wages, and travelling expenses. Was ordered out of his own ship, richly laden, by Capt. Rich. Badiley, Commander-in-Chief in the Straits, as also by Mr. Longland, agent there, to succeed Capt. Appleton as commander of the Leopard, then at Leghorn; and was sent to Venice to treat about fitting out English merchant ships for the service of the commonwealth, which he performed at the hazard of his life, and at great expense; his ship having sailed for England, on his return to Leghorn, had to come to England overland, with his servant, and a guide. With reference to the Navy Commissioners, to see whether he was paid by Badiley or Longland, and if not, to certify. [1 page.]
Aug. 21. 108. Order in the Admiralty Committee that as John Poortmans desires his dismission from the office of secretary to the Generals of the Fleet, and deputy treasurer to the fleet, Rich. Creed be appointed to succeed him, with the same allowances and salary. [¾ page.] Annexing,
108. i. Note by Creed requesting that his salary may begin from 8 Sept. 1654, when Poortmans was paid off. [Scrap.]
Aug. 21. 109. Articles addressed to the Protector against Rich. Read, one of the members of Parliament chosen for co. Hereford.
That he was a commissioner for the King since 1641, and was active in encouraging the people against Parliament.
That he lived in the King's quarters, and in constant intercourse with Sir Barnaby Scudamore, governor of Hereford, prevented the countrymen from joining Col. Massey against the town, and attacked them as they retired.
That he was in actual service, and now only associates with Papists, malignants, &c. [1 sheet.]
Aug. 22. 110. Petition and remonstrance of divers godly and well-affected persons in Hereford to the Protector. We think it a great happiness that the Lord led your Highness and Council to resolve on a triennial Parliament, with such qualifications for the members, and such penalties for those not qualified as we thought would deter the enemy from intermeddling with that work.
But we tremble at the issue when members who were in arms for the late King (Rich. Read and Bennet Hoskins), are elected by Papists and malignants, and by those who, though seeming friends, are ready to join with any prevailing party, so that the enemies of the reformation hope to bring in the old superstitions, and advance the malignant interest.
The members were to be of known reputation and fearing God, but in many places, without careful scrutiny, malignants, prelaticals, or neuters in Christ's cause, will be returned, who will more regard their own interest than the advancement of religion. We therefore beg that no worldly policy will induce any member of Council to approve any person for this great employment without a signal testimony of grace, and declaration of fidelity to the commonwealth. Signed by 6 justices of peace, 8 ministers, and 201 others, but the last 23 signatures are duplicates. [3 sheets.]
Aug. 22. Act for regulating and limiting the jurisdiction of the High Court of Chancery:—
1. After 22 Oct. 1654, there are to be attorneys in Chancery, not exceeding 60, nominated by the Master of the Rolls, and they shall manage each cause at a fee of 3s. 4d.
2. Instead of 6 clerks in Chancery, there shall be 3, the first 3 being Laurence Maidwell, Mat. Pindar, and Rob. Hales, who are not to act as attorneys, but execute other duties; their successors to be appointed by the Master of the Rolls.
3. All bills, answers, &c., to be filed with the chief clerk in whose office the attorney is, and the clerk to report any abuse or unfaithfulness in an attorney.
4–37. Details of modes of proceeding in Chancery suits.
38. The attorneys to keep affidavits, show them when requested to the attorneys on the other side, and have them filed by a clerk of affidavits.
39. The former rules of the Court about paupers to be observed, but in cases where costs are ordered, unless they are paid, the party is to be whipped or sent to the house of correction.
40. All causes to be set down and heard in the order of publication.
41. All to be heard on the day appointed, and if needful, the Lords Commissioners to sit in afternoons.
42. All causes to be heard the term after publication, or if they are too many, to be heard on certain days next after the term.
43. After 25 March next, no relief to be given in Chancery against bonds for payment of money.
44. Nor on any agreement about lands, unless it be so averred in the bill, or unless the possession has gone along with the party claiming the trust.
45–53. Further regulations about cases that may or may not be dealt with in Chancery.
54–59. Orders relating to the 4 registrars in Chancery.
60. When a bill is dismissed by the rules of the Court, or order before hearing, the defendant to have full costs.
61, 62. Plaintiff or defendant, when the decree is against them, to pay the other party full costs.
63. Parties aggrieved by decrees in Chancery may appeal within 3 months, and have a re-hearing, on deposit of 50l. for costs.
64. No defendant who is sued by an officer in Chancery shall be forced to appear in the Petty Bag office.
65–68. Chancery officers to take no other fees than here set down.
Tables of fees in all cases to be taken by the officers in Chancery, viz., the Master of the Rolls, masters in Chancery, Subpoena office, clerks and attorneys, registrars, and examiners. [37 pp., printed. Coll. of Acts, Vol. 2, No. 91, Record Office Library, 498 F.]
Aug. 22. 111. Petition of the Vice-chancellor, masters, and scholars of Cambridge University to the Protector. King James, for better maintenance of the divinity professor, settled on him Somersham Rectory, co. Hunts, to which the university was to present him. On the death of Dr. Sam. Collins, Dr. John Arrowsmith was chosen professor, and presented to the rectory, and took it by order of a Committee of Parliament, who afterwards, at the instance of some, suspended the possession, and voted that 200l. a year should be settled on the place instead, intending to report to Parliament; but other business has prevented, so that for 2 years the professor has been hindered from the emolument. We beg that, out of your great zeal for the advancement of learning, you will see that the professors enjoy the benefit of so noble a gift. [1 page.]
Aug. 22. Order in Council that 200l. a year be settled on the Regius Professor in Cambridge out of some donative in his Highness' gift instead of Somersham rectory. Rous and Cooper to confer with the Vice-chancellor and Mr. Nye thereon, and report. [I. 75, p. 522.]
Aug. 22. Note of a petition referred to the Committee for petitions, of Charles Earl of Nottingham, and Lady Arabella, his countess, for payment by the Commissioners of Customs of their proportions of an annuity of 500l. charged on the customs, &c. of the port of London, 23 Feb. last, the late Treasury Ordinance notwithstanding. Order for payment accordingly [I. 92, No. 121; I. 75, p. 524.]
Aug. 22. Council. Day's Proceedings.
2. Jones, Wolsley, and Mackworth to consider an augmentation for the principal of Jesus College, Cambridge, and how to settle an augmentation for the minister of Wimbledon out of tithes in that parish.
3. The Committee of Council for the Treasury, with the Army Committee, to call the late treasurers at war to account for the remainder of 150,000l. appointed for payment of the arrears of the soldiers in Scotland.
4. The 1,000l. accepted as a fine for Sir John Packington's delinquency ordered to be paid to the treasurers at Goldsmiths' Hall, to be paid by them to the widow and children of Wm. Guise, executed by the enemy at Worcester for faithfulness to the Commonwealth, in satisfaction for 100l. a year ordered them by Parliament, Sept. 6, 1651. Passed 25 Aug.
5. Lord Henry Cromwell to be Lord Lieutenant of the State's forces in Ireland, and his Highness advised to commissionate him.
6. Order that in lieu of a Parliament order granting Col. Rob. Hammond 400l. a year from the revenue, till as much be settled on him from delinquents' estates, lands value 600l. a year be settled on him in cos. Dublin, Cork, Kildare, or Caterlaugh, at the rate which they yielded in 1640, and the lord deputy and council in Ireland are to set them out. Ordinance passed 23 Aug.
7. Order on the accounts of Col. Hammond, Governor of the Isle of Wight, as reported by Col. Jones, viz., receipts 6,350l., payments 5,387l. 15s. 6d., making the balance due by him 962l. 4s. 6d. that he be allowed,—
£ s. d.
For his own pay as colonel 67 14 0
For 4 squadrons of Newport men for service at Carisbrooke Castle 200 0 0
Account to Mr. Serle and Fowkett for beer 200 0 0
8. That he be absolutely discharged of the 962l. 4s. 6d., Council being satisfied that it was disbursed for public and emergent service.
9. That he be absolutely discharged of the 6,350l. received, and that the Exchequer officers prepare his quietus. Annexing,
112. i. Accounts of Col. Hammond in 1647 and 1648, including the expenses of the King and his guards in the Isle of Wight. [1 page.]
112. ii. Exceptions by Mr. Fauconberg to the said accounts. and replies thereto. [½ page.]
10. An Ordinance for confirmation of the laws, &c. of sewers, made concerning Robert Earl of Lindsey's undertaking to drain the Lincoln fens, reported by Wolsley, read, recommitted to the former Committee, and to be reported next Friday.
11. The Ordinance concerning sinodalls, &c. referred to his Highness' counsel learned, to consider its nature and report.
13. To the Ordinance of June 29 to pay the Earl of Mulgrave 1,000l., these words to be added, "The Ordinance for bringing the "public revenue into one treasury notwithstanding."
14. An Ordinance for regulating printing read, and referred to Mackworth, Wolsley, Jones, and Lambert, to advise with the counsel learned, and report.
15, 16. Mr. Kinnersley, the wardrobe keeper, to provide such hangings, chairs, carpets, &c. for the rooms adjoining the Parliament House called the Speaker's Chambers,—and the surveyor of works to make such reparations in and about the Parliament House and rooms belonging as Ed. Birkhead, the serjeant-at-arms, deems necessary.
17. The said serjeant-at-arms to make sufficient provision of wood, coals, candles, &c. for Parliament.
18. The rolls lying on the top of the Parliament House to be removed to the place formerly appointed for them. Mr. Scobell to see it done.
19. Order on report from the Committee on Col. Rich. Fortescue's petition,—showing that by a debenture from the Commissioners for co. Cornwall, according to an order of Parliament of 24 Dec. 1647, 2,874l. 9s. was due to him, and that by an order of 18 April 1649 so much of delinquents' lands as he should discover should be settled on him till his arrears were satisfied,—that he be inserted in the Ordinance for additional security to the soldiers out of the 4 forests.
21. Order on a report from the Committee on Lady Jane Gorges' case [see p. 3 suprà], that from the profits of the 6d. writs in Chancery, there be paid her 100l. a year for life, or to 13 Jan. 1689, for which time the office was granted to Sir Jas. Levingston, with arrears since sequestration of the office; to be paid by Sir Wm. Allanson, clerk of the hanaper, and the residue of the profits to go to the State. Annexing,
113. i. Report by Recorder Wm. Steele, T. Sadler, and Lisle Long, certifying the validity of the several deeds under which Lady Gorges claims [see 15 March and 6 July suprà]; that they have not been revoked, and that therefore the sequestration laid on for Lord Newburgh's delinquency should be taken off. [1 page.]
113. ii. Request that the Committee will consider that when Sir Wm. Allanson entered on the profits, the ½ year's rent was paid before hand, and it will be due before it can be received out of the profits of the office. [½ page.]
22. The petition of Thomas Lord Fairfax, son of the late Ferdinand Lord Fairfax, and his executors,—being persons nominated in trust for the benefit of his grandchildren and others,—and a report from several judges annexed, referred to Lambert, Jones, Wolsley, and Cooper, to report.
23. The Sequestration Commissioners to receive and determine Capt. Hippisley's discovery, and to insert the same in the order of —August.
25. Approval of 4 Ordinances by the Protector. [I. 75, pp. 522526.]
Aug. 22.
Whitehall.
Pres. Lawrence to the sheriffs of counties. Council on consideration of the returns of the elections for co.—and the places in it, approves of the persons whose names are enclosed, and requires you to give them notice of their approbation of them as qualified persons for members of Parliament. [I. 75, p. 521.]
Aug. 22. 114. Petition of Geo. Hughes, and the rest of the company of the Thomas Bonadventure to the Admiralty Committee. Thanks for their letter to the Admiralty judges for speedy determining the case about the impress of their ship at Porto Longone, but Dr. Walker, advocate, and others of the best of the counsel being retained for their adversaries, they will be great sufferers without speedy relief. Beg that Walker may not be admitted as counsel against them, the impressing of the ship being for the service. [2/3 page, see 1 Feb. 1653.]
Aug. 22./Sept. 1.
Aix.
115. M. M. [Secretary Nicholas] to Mr. Jane. Thanks for the advertisements in yours of 21 and 22 Aug., which are more than in any other letters from those parts. Name in yours what letters you receive of mine; I hope you had mine from here of 15/25 August.
Cromwell, by his fleet in the Downs, keeps all the neighbouring princes in awe of him, but it must be an excessive expense to England to maintain so many ships so long; yet he will abate no forces by sea or land till he sees how this Parliament are likely to fix. Many of the members are notorious Presbyterians, and some say will never be brought to Cromwell's ends, though it is said he now seems resolved to run absolutely their way, with which the Independents and Anabaptists (the greatest part of his army) will be much unsatisfied. What do you hear there of his permitting so many Presbyterians to be of his Parliament? Inquire still of the motions of the rebels' fleet, and let me know.
Some here think it's kept on foot to terrify that State into a compliance with some of the ruling party in Holland, and I believe it will so prove in the end. It's probable Cromwell will purge the new elections for Parliament, (under pretence of such as are not upright men) till he has brought them all to be of his impious principles.
The Spaniard's infinite loss before Arras has brought that crown so low in forces and reputation, that if their friend Cromwell do not help them, France will soon overrun Flanders. We hear the French, since the siege of Arras was raised, will now sit down before Lisle, which is a place of importance, but weak in men and provisions, all being exhausted for the Spanish army before Arras. The French will probably not prosecute their advantage; the success of France should make Holland more inclined to alliance with her. What say MM. Somerdyke and Rinlaw to it?
Hemfleet and his lady are as great with the Princess Royal here as ever, and the King, in compliance with her, is so civil to them that I forbear to speak to him of M. Somerdyke's business.
I hear that Sir E. Hunt's (?) lady is coming to the Hague. I doubt not but she will make all the Queen [of Bohemia's] family there very open-mouthed against Sir Edw. Hyde, and all that wish him well. Nay she spares not to inveigh against the King himself, which I hope the good Queen will not endure.
Direct your letters to "M. le Chevalier Nicholas, secretaire du Roy de la Grande Bretagne, à Aix," and when I know when and where the King intends to remove, I will give you another address; but he has entered on a course of bathing which will last 10 days, and will not remove this fortnight.
I send you news confirmed from several parts, which you are to divulge there. An honest man from England says the general report in Scotland is that the rebels' fleet is designed (having 8,000 landsmen) to assist the State of Holland against the other 6 Provinces, in case they shall not comply with the acts and orders of the party now ruling, and that they will come to the Brill. What do you hear, and why is the Rheingrave sent for in such haste to the Hague? I fear there will be intestine troubles, and Cromwell's design is to make divisions among them.
Col. Bampfield was lately met riding between Dover and Canterbury, and the Dover postmaster had orders to furnish him with post horses when he arrived. He came from France, and was there caressed principally by Lord Jermyn and his party at the Palais Royal. What say you to this?
Some persuade the King to extraordinary compliance with the Presbyterian party, because so many of them are chosen to sit in this mock Parliament. Can you believe that Cromwell will ever rely on the Presbyterians? Lord Wentworth is now sworn of His Majesty's Privy Council. Give the enclosed to Somerdyke, if he is still there. I hope the plague will now diminish there.
P.S. Remember me to Sir Miles Hobart and Dr. Whittaker. In case I die, deliver my will, which I left with you, to my wife. [3 pp. holograph; the Italics are in cipher, deciphered.]