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Volume 76: October 1654

Pages 373-389

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

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October 1654

Oct. 2. 45. Petition of Henry Walsh, prisoner in the Gatehouse, to the Protector and Council, for release. On malicious information, was committed 11 April 1654, and for the last two months, for want of means to satisfy his keepers, has been in the dungeon. Though twice examined, no proof has been made of any misdemeanour or offence. Is neither Jesuit nor priest as alleged. [½ page.]
Oct. 3. 46. Certificate by Serjeant Dendy that Thos. Wright, one of his deputies, has constantly attended, the late reducement notwithstanding, having received neither his discharge nor his arrears, and has therefore been employed accordingly. [¾ page.]
Oct. 5. Council. Day's Proceedings.
4. Order on petition of James le Bass, of Dieppe, late master of the Elizabeth, laden with tobacco, which was taken by the Dragon frigate and brought into Weymouth,—stating that he is a Protestant, had formerly a ship taken by the English, and that the ruin of his family is herein concerned,—that the vessel and lading be restored on his paying a reasonable valuation.
5. Thos. Smithsby's petition referred to Pickering, Strickland, and Jones, to report.
6. To request his Highness that 2,000l. may by his warrant be issued out of a fit treasury to Mr. Embree, for his charge in repairs at Whitehall.
7. Order on a certificate annexed, that Council are satisfied of the submission and obedience to Government of Thos. Bridge of Petworth, and that if the Committee for approbation of public preachers find him fit to preach the Gospel, he may do so, the Ordinance restraining sequestrated persons from livings notwithstanding. Annexing,
47. i. Certificate by Peter Sterry and Nich. Lockyer, that on order of Council they have spoken with Mr. Bridge, find his submission to the present authority full and free, and request Council to take off the bar put on him by the Ordinance concerning sequestered persons, and refer him to the Committee for approbation of Ministers, in reference to his fitness for preaching. [¾ page.]
9. A paper presented by Mr. Babington, keeper of Greenwich House, concerning several persons lodging there to its prejudice, referred to Pickering and Strickland, to learn on what pretences they lodge there, and report. [I. 75, pp. 576–578.]
Oct. 6. Note of a petition, referred to the Committee for petitions, of Step. Michell, master of the Goodwill, for a hearing, or to be left to his course at law, about a difference with Sam. Boothouse, concerning some Turks taken by the Malta galley. Order in Council for his discharge, being in custody of the serjeant-at-arms, on the Admiralty Committee's report on the complaint of Boothouse, who has not prosecuted it. [I. 92, Nos. 194, 207, 227: I. 75, p. 579.]
3. Order on a paper from the Dutch ambassadors extraordinary of August 24, 1654, concerning the proceedings of Thos. Gill, an officer of the port at Bristol, about the Hope of Middleburg, that the Customs' Commissioners examine the said paper and those annexed, and report.
5. 48. The order of Parliament sent this day to Council concerning the calling in of 28 ships to be transmitted to the Admiralty Committee.
10. Mandy to prepare a mace for John Lynne, appointed to attend on the Treasury Commissioners.
11. Mr. Jessop to learn from the Admiralty Commissioners whether the Pelican of — and the Lewis of — be discharged, or how otherwise disposed of.
12. The petition of Thos. Barnardiston, Thos. Bludworth, and Wm. Love, merchants, and company, for leave to ship out 6,000l. in rix dollars for enabling an intended voyage to the East Indies, read.
13. Also the petition of Mrs. Dod for license to transport a quantity of butter beyond sea. [I. 75, pp. 578, 579.]
Oct. 6.
Chester.
49. Sam. Windis to the Navy Commissioners. I send a vindication of my proceedings, in answer to a complaint against me by the officers and men of the Satisfaction. I have written the Admiralty Committee for a commission to examine witnesses, and left it to them to find a fit person. Dermott is my worst enemy, Weedon, the steward, is the liar who said I boasted I should put 100l. in my pocket by every one of your orders, and I never had one I got 6d. by. I hope you will hear more of the business between myself and Capt. Sherwin. Weedon used to get what money he could, and cheat the men of it. If the truth were sifted as to Peirson and Weedon's complaint of the stinking beef, it would be as pretty a question as that asked by Henry VIII. to a complainer against Cranmer, charging him for a sermon he preached at Canterbury. Said the King, "Where live you?" "In Hertfordshire," said he. "Indeed," said the King, "You have a long ear to "hear out of Hertfordshire what Cranmer spake at Canterbury." To apply this, it must be remembered they were not in the ship for 6 months before, and not until after the beef was eaten. I hope you will sign my 36 tickets, so that I may get my money, and if my actions have the strictest scrutiny, my enemies will have done me good. [1 page.]
Oct. 9. 50. Petition of Fras. Downham, upholsterer to the Protector, to Council. Has a personal estate of value in Holland, but can only recover it by accepting part of it in whalebone and train oil, which are prohibited, but their import will be beneficial, being for present expense, and the Greenland fleet is not to go out again till next summer. Begs a license to import 100 tons of whalebone and oil. [1 page.]
Oct. 10. Council. Day's Proceedings.
1, 2. Order on a paper from the Dutch ambassadors extraordinary, representing great insolences committed by Capt. Peirson, commander of a dogger boat employed as a privateer against the Sea Horse of Zealand, that warrants be issued to secure Peirson and his ship, and preserve the Sea Horse, and that the Admiralty Commissioners take order that the warrants be put into effectual and speedy execution.
4. Council to meet at 4 next Thursday, to consider the continuance of commissions to privateers. Desborow to be present.
7. The petition of Alex. Ackhurst and Geo. Abdy, committed to the serjeant-at-arms, referred to the former committee, to speak with them and report; Sydenham, Pickering, Lisle, Strickland, and Fiennes added to the Committee.
11. Five warrants to Mr. Frost for payment of moneys signed by Council. [I. 75, pp. 578–581.]
Oct. 12. Note of a petition referred to the Committee for Petitions, of the chiefest of the parish of St. Botolph's-extra-Bishopsgate, London, for liberty to choose a minister in the place of Mr. Simpson, which his Highness refers to Council. Order in Council that Mr. Jessop answer the parties who attend at the door on their behalf. [I. 92, Nos. 190, 216; I. 75, p. 582.]
Oct. 12. Council. Day's Proceedings.
1. Order on Desborow's report from the Admiralty Committee, that a letter now presented for determining the contract with the former Navy Victuallers, and for stating their accounts, be presented to his Highness for signature.
3. To advise his Highness that the Admiralty Commissioners be empowered to contract with fit persons to victual the vessels for the winter guard both in harbour and at sea, at a rate not exceeding 8½d. a head at sea and 7½d. in harbour, the men not exceeding 4,000.
4. The registrars of the Admiralty Court to prepare a list of vessels employed as privateers on letters of marque out of the Admiralty Court, their commanders' names, the time of their issuing forth, and the securities for execution of their power.
5. The Committee on Mr. Ackhurst and Mr. Abdy's business to report next Tuesday. The Earl of Mulgrave added to the Committee.
6. To advise his Highness that direction be given to the Commissioners of the Great Seal to pass a warrant empowering the Treasury Commissioners to issue 100,000l. to the Navy Treasurer towards defraying the charge of the fleet; also so much money to the War Treasurers to pay the land forces as amounts to 2 months' pay, according to the army establishment. [I. 75, pp. 581, 582.]
Oct. 16. Papers relating to the hire of the Levant Merchant in the Straits, viz.:—
51. Account of disbursements by the captain, Step. Marsh, in setting her out for the service; total 4,400 dollars. Leghorn, 18 June 1652. [2 columns.]
52. Declaration by Charles Longland, that the Levant Merchant was compelled to surrender in the fight with the Dutch before Leghorn on 14 March 1652–3, being attacked both by the Madonna Della Vigna and the Maid of Enchuisen. 9 June 1653. [1 page.]
53. Valuation by John Robinson and 11 others of the said ship, including sums due for her hire; total 6,365l. 10s., of which Longland has paid 900l. 16 Oct. 1654. [22/3 pages.]
Oct. 17. 54. Petition of Thos. Thornton, minister, to Council, for payment according to the Ordinance of the sum needed for transport of himself and family into Ireland. His Highness, on his approbation by the Commissioners, granted his request, referring it to Council for dispatch, as winter is drawing on, and he is at great charge by staying with his family in town. [½ page.]
Oct. 17. Order for 50l. from Council's contingencies, for his transport to Ireland to preach the Gospel. [I. 75, p. 538; I. 105, p. 116.]
Oct. 17. 55. Petition of Edw. Smith, of Esh, co. Durham, to Council, for license to go to any port of France, with one servant, being a scholar, and wishing to travel beyond seas. [1 page.]
Oct. 17. Order for a pass accordingly. [I. 75, p. 585; I. 112, p. 68; I. 113, p. 58.]
Oct. 17. 56. Petition of John Tilson, gentleman, and others to the Protector and Council, to prohibit Charles Gibbons, a tennis court keeper, near Lincoln's Inn Fields, from erecting another tennis court, to the disturbance of his neighbours, and ill example of others in this time of reformation, he having one already which entertains company at unseasonable hours. No one formerly undertook such building without special authority, and his Highness has lately suppressed unnecessary buildings in James's Field. [½ page.]
Oct. 17. Note of the reading of the petition in Council, but no order. [I. 75, p. 585.]
Oct. 17. Council. Day's Proceedings.
4. 57. The Admiralty Commissioners speedily to report the matter of fact concerning the 11 ships mentioned in the Protector's order of Sept. 28 last.
5. Order, on signification of his Highness' approbation, that John Leslie, Earl of Rothes, remain at liberty as at present, 3 months after expiration of the time allowed him, on his renewing bail to the Lieutenant of the Tower, according to the purport of his bonds.
7. A copy of the establishment for a special service, and an Ordinance of his Highness and Council for payment of 30,000l. for use of the forces appointed thereunto, to be prepared by the Clerk of Council.
9. The muskets, swords, and other arms and utensils of war at Exeter Castle to be removed to Plymouth or Pendennis Castle.
Desborow to give direction for their secure removal, and the defraying of the charge.
10. The Governor of Pendennis Castle to cause what remains of the guard house standing at Little Dennis to be removed to Pendennis Castle, and disposed of for the State's service.
11. The Governor of Portland castle to disband one common soldier, and in his place receive and allow soldier's pay to Wm. Davis, now living at Sanford Castle, and allow him to reside there. [I. 75, pp. 583–5.]
Oct. 17.
Whitehall.
The Protector to Col. Thos. Pride, Rich. Price, Thos. Alderne, and the other contractors for victualling the Navy. On consideration of your paper presented Jan. 13, 1653–4, giving me notice of your desire as to a cessation of your contracts for victualling the Navy, leaving the time of its period to me, I declare that the final cessation of the contract shall be the 12th present. The Navy Commissioners are directed to proceed on your accounts in order to the stating thereof as desired in your paper. [I. 75, p. 581.]
Oct. 17. 58–60. Statement of a case before the Probate Court, sitting at Westminster, in the place lately called the Star Chamber, of Fras. Huncks against Wm. Pennoyer and Hen. Bornford, both desiring administration of the goods of Edw. Aylesworth. That Dame Katherine Huncks, named in the lease made by Sir Edw. Conway to Edw. Aylesworth, survived her husband, Sir Thomas, and has children living, Sir Fulk, Henry, Francis, Hercules, Thomas, Elizabeth, and Mary Huncks. That in her will, 13 June 1635, she gave Henry 500l., named in the said lease, and made him her executor, but on 2 July 1641, though leaving the 500l. as before, she made Henry Viscount Conway her executor.
That on her death, Henry Huncks, on 7 July 1646, procured a probate of the said revoked will, and assigned the 500l. to Tobias Dixon and Wm. Pennoyer. But Lord Conway made void the will and probate, and procured a probate of the second will, 18 June 1652, Edw. Aylesworth being the surviving trustee named in the lease. The Court decided that Pennoyer and Bornford had no claim, and that the administration should rest in Fras. Huncks, unless any other children of Lady Huncks should show cause why a limited administration, as to the lease and the 500l., should not be granted to Francis Huncks. [2½ pp. 3 copies.]
Oct. 19. 61. Petition of Cæsar, son of the late Alderman Cranmer, aged 20, to the President and Council, for a pass for himself and servant to the Low Countries, for improvement of his estate. [½ page.]
Oct. 19. Order for a pass accordingly. [I. 75, p. 585; I. 112, p. 69; I. 113, p. 60.]
Oct. 19. 62. Petition of Maurice or Rich. Barkley to Council, for a license to transport 30 couple of hunting dogs, with 2 servants, to any port of France. [1 page.]
Oct. 19. Order in Council granting the warrant. [I. 75, p. 585; I. 112, p. 69; I. 113, p. 60.]
Oct. 19. Council. Day's Proceedings.
3. Order that the Protector's life guard being established at 45 gentlemen, beside officers, the 10 now attending the commander-inchief in Scotland are to be continued as formerly, and to be paid by the Army Committee beside the 45.
4. The petition of Sarah, widow and executrix of Wm. Bradshaw, concerning moneys due to her late husband as officer of the King's household, read.
5. The Army Committee to issue warrants to the war treasurers to send 40,000l. each to Scotland and Ireland, to pay the forces there, and the war treasurers are to observe the warrants, and the money to be transported in such ships as the Admiralty Commissioners shall design.
6. The Army Committee to issue warrants to the war treasurers to pay, out of the monthly assessments, a full month's pay to the forces of the Commonwealth according to the Army establishment, including the additional forces and contingencies.
7. A book entitled "An answer to one part of the Lord Protector's speech," &c., published by John Spittlehouse, and printed by Livewell Chapman, to be sent to the Attorney-General, who is to proceed against them according to law, give account to Council of his opinion, and meanwhile the serjeant-at-arms is to retain them in custody.
9. Five warrants to Frost for payment of moneys signed by Council. [I. 75, pp. 585, 586.]
Oct. 21. 63. Certificate by John Powell, clerk to Thos. Player, chamberlain of the city of London, that on 27 Jan. 1641–2, Jacob Bonamy and Wm. Goodday, 2 of the common councilmen of Farringdon ward, paid 190l., lent by them and the inhabitants of the parish, towards the loan of 50,000l. desired by Parliament for suppressing the rebels in Ireland, at 8 per cent. interest. [2/3 page.] Annexing,
63. i. List of 10 parishioners of Andrew's, Holborn, who lent the 190l. in sums varying from 5l. to 50l.; the interest for 12 years being 192l. 10s. 8d. [1 page.]
63 ii. Receipt by Edm. Hodgson, clerk of Rob. Bateman, chamberlain of the city of London, of the said sum, 27 Jan. 1641–2. Endorsed with certificate by Wm. Massey, that Bonamy's claims for public faith bills, were presented to the Committee, 9 March 1653–4. [2/3 page. Printed form, filled up.]
Oct. 21. 64. Examination of Abraham Granger before the Admiralty Committee. Has counterfeited warrants of the Commissioners to the value of 600l., and Fugill received ½ the proceeds. Was formerly on the pillory for like offences, and lost his ears. Denies the complicity of any of the clerks of the Navy or Prize office, but admits that he first got the warrants from the Navy office, and Fugill got out orders thereupon from the Admiralty Commissioners. His associates are Thos. Cotton, Painter, and Clerke of Holland.
Pretended to Fugill that 2s. in the pound was to go to the share of a private confederate, whom he was engaged not to name, but it was only a colour to put off Fugill with 9s. in the pound. One of his brothers lives with his mother, and had some share with him in the first business of the debentures; his other brother is a brewer in Tower Street; Bateson lives in Shoe Lane. Has not seen Cotton for 2 months; he lives about the new market in Covent Garden. His wife lives in Kent, but has no children, and his horse is in Chelsea. Nich. Greenway is his brother-in-law; does not know where he lives.
Gusmond, a Spaniard, brought him and Syddall together, and it was agreed that Syddall should have his share, he promising a sight of a warrant, after which, if examinant could write, Syddall said they would pass.
Has received as his share 300l., procured on the counterfeit warrants; Fugill had no share in the debentures, and he lives at Chelsea. Syddall had ⅓ of all the warrants wherein he assisted. Syddall told him of the counterfeit warrant for 240l.
Made all the warrants mentioned in the first paragraph of his confession, and drew all the rest upon the advice of Syddall, whom he met at the Half Moon in Cheapside, and the Mitre in Fenchurch Street. Fugill never knew of his confederacy with Syddall. Gusmond lives in Rood Lane. Fugill was beneficial to Dalton, the doorkeeper at the Prize office. [2¼ pages.]
Oct. ? 65. List of persons who have cheated the State of several sums of money, viz.,
Capt. Brotherton and Joh. Cotton, of Fulham, Middlesex.
Col. Geo. Keyes, of London.
Col. Jno. Jackson, the Bear, King Street, agent general of the new forces.
Thos. Cotton, the Compter, London:
Hen. Bateson, Shoe Lane.
Lieut.-Col. Jno. White, of the High Court of Justice.
Nich. Greenway.
Major Philip Stephens, at the Angel in Old Fish Street. [½ page.]
Oct. 21.
Navy Office.
66. Navy Commissioners to the Admiralty Committee. We have perused the draft of a new victualling contract, and find several things deserve further consideration. In the first article, the limitation of the time for declaration of what victuals are to be provided is too strict, especially as a considerable weight lies upon it; from 10 to 14 days should be added to each time specified. The warranty does not consist with the mutual and real intent of the contractors, but is expressed in terms not safe. Chatham should be inserted as one of the victualling harbours, and Harwich for petty warrant.
The clause in the 8th article for allowance to be given that all the provisions may not be issued out in kind is inconvenient, at least to pass in way of article, whatever connivance upon an extra occasion may be granted, the concession putting liberty into the power of the commanders to visit harbours oftener than may be to the State's advantage.
The employing of the commanders and other officers as the victuallers' instruments, according to the 9th article, will be very prejudicial to the service, as—
1. We find by constant experience that the State's officers, though not under any special interest in those affairs, are very forward to give certificates for victuals and other expenses upon weak and unsatisfactory grounds; and how much more may be expected when their own particular interests are concerned? And yet no examination may be made of their certificates, but the Navy Commissioners absolutely concluded thereby; so that in the issue, an interested party is the main, if not the only, voucher on whose testimony the account is to pass.
2. There will be little or no redress for the seamen by way of complaint, in case of unmeet provisions, where the chief officers are so much concerned, it being well known what powerful influence the commanders have over inferior instruments, which we apprehend the more considerable in regard of a general clamour that the complaints in late years of badness of victuals have met with such obstructions that no redress could be obtained.
3. It will not a little weaken the authority of the commanders in the hearts of the seamen, and will expose themselves to more temptations,—by false musters, and by keeping runaways longer upon the book then they continued in the ships,—than we doubt many of them will be able to resist.
In the 11th article, as the contractors provide for themselves to be secured against such decays as may accrue by any neglect in the State's instruments, there should be an additional proviso securing the State from damage in case provisions be not issued by the victuallers in a reasonable time according to warrant.
We judge the first part of the 17th article inconvenient and unsatisfactory, it binding up the State, as occasions may intervene, to intolerable disadvantages, which in a contract are to be avoided. Lastly, all provision possible should be made to secure the warranting of the provisions according to the contract, as unwholesome provisions hazard men's lives, whereof the complaints have been many and great of late, and other inconveniences thereby accrue to the State; but the present draft is silent in both, as also in regard to the increased price, especially for harbour victuals. [2 pages.]
Oct. 21.
Chester.
67. Saml. Windis to Col. Thomson. I am sorry I have offended the Navy Commissioners, but hope that the explanation enclosed will be satisfactory, and that abused innocence may be heard and justice done. I hear they will not sign 13 tickets belonging to the Satisfaction, because the book was pricked by Dermott; many of the men were on shore with me to view the victuals so much complained of, but which Dermott knows were the best that could be had; I hope my tickets will be signed, and I may receive my money, being sued by Sherwin for a debt in Ireland. [1 page.]
Oct. 23. 68. Warrant by the Admiralty Committee to — to receive Matthew Syddall into strict custody, and keep him until further order from the Lord Protector, the Parliament, or Admiralty Committee, for defrauding the State of several great sums of money upon counterfeit warrants. [½ page.] Annexing,
68. i. Examination of Matthew Syddall before the Admiralty Committee. Has been employed at the Prize office as assistant to the cashier for the last 3 years, at 15s. a week. Does not know Mr. Fugill nor Mr. Granger; Tim. Robinson procured him the employment. Paid 30l. or 40l. upon bills for Fugill. Knows Signor Thomas, alias Gusmond. Never put counterfeit money amongst that of the State that he received. Never knew Ralph Robinson, Watts, nor Gurdian, nor delivered any warrant in Gusmond's company, nor received any share of money paid out, but received two warrants for 4l. and 7l. Never acquainted Granger, Robinson, or any of the above-named persons of the cheat of 240l., and never showed any warrant to anyone out of the office, but to many in it. 23 Oct. 1654. [¾ page.]
Oct. 24. Council. Day's Proceedings.
1. A form of warrant to the present Treasury Commissioners and to the Treasurer of Exchequer that shall be, to issue money, with his Highness' direction for passing the same under the Great Seal by immediate warrant, read.
2. Order thereon to advise his Highness that this form be pursued.
3. Order to advise a warrant to the Treasury Commissioners to pay the Navy Treasurer 100,000l. for the charges of the fleet. Annexing,
69. i. Form of the above warrant to be presented to his Highness. (fn. 1) [1 page.]
4. To advise his Highness to issue warrants under the Great Seal to empower the Treasury Commissioners to pay Gualter Frost 10,000l. towards the charge of the government of this Commonwealth.
5. Also to empower the Treasury Commissioners to pay the War Treasurers 2 months' pay for the Commonwealth's forces in England, according to the establishment.
6. The clerks of Council to certify from time to time to one of the Treasury Commissioners, being also a member of Council, all orders and warrants for issuing moneys by the Treasury Commissioners presented to his Highness.
8. Lord Broghill and other Irish gentlemen attended Council on the importance of pursuing what was formerly presented to his Highness, for constituting Lord Henry Cromwell Lieut.-General of the forces in Ireland, and their desires therein. Lambert to attend his Highness thereon.
10. 70. Order on Col. Sydenham's presenting a list of 11 French prisoners at Dorchester, on the charge of piracy, that they be set at liberty, on their parole to procure the liberty of as many English prisoners in France. Also that Capt. Johnson, an Englishman, be sent up to Council to answer a charge, being delivered to the sheriff of the county, and from one sheriff to another, and so to the serjeant-atarms attending Council. [I. 75, pp. 586–588.]
Oct. 24.
The Islip, Liverpool.
71. Wm. Serjant, to the Navy Commissioners. After landing Commissary Fowler, I was ordered by Col. Bryan to cruise for a month, and then return to Lochaber, the channel being clear of pirates. I then went to Carrickfergus for 2 tons of butter, 1,000 pairs of shoes, and some soldiers for Capt. Muttloe at Dunstaffnage; having landed them, I returned to Col. Bryan in good season, for he had never a man-of-war to attend him, as he had sent Capt. Thomson to Skye Island. The Highlanders begin now to be sensible, and come in every day under protection to Col. Bryan.
Whilst at Lochaber, our captain preferred articles against Jno. Stepwell, the master, for misdemeanour, and having been tried by Col. Bryan and a court martial, he was dismissed to avoid a mutiny, and ordered to be put on shore at Liverpool. We victualled, and then took over Capt. Faith and some other officers to Carrickfergus. [1 page.]
[Oct. 26.] 72. Petition of Sydney Fotherby, gentleman, to the Protector, for release. Has long lain prisoner in the Tower, without examination or means of proving his innocence; is a younger brother, of mean fortune, and not able to subsist, but sues not for mercy if he be the least faulty. With reference thereon to Council, 7 Aug. 1654. [1 page.]
Oct. 26. Order in Council for his release on bail. [I. 75, p. 588.]
[Oct. 26.] 73. Petition of Wm. Hunt, late rector of Kibworth, co. Leicester, to the Protector. On 14 April 1647, the living was settled by the Committee for plundered ministers on John Yaxley, without hearing my defence. The May following they ordered me to keep possession till Christmas, and the County Committee to send them the causes of my sequestration, which was done; 8 July I was cleared and re-instated, and this confirmed 17 July, but I was ejected by soldiers, on orders indirectly obtained by Yaxley from the Committee for Sequestration. On 1 Sept. I was cleared before that Committee, unless the County Committee showed cause in 3 weeks. They sent in cause, which though it was what I had been cleared from, has kept me out of possession ever since, and I could obtain no hearing in Parliament, a potent Leicestershire member declaring against me.
Since the dissolution of Parliament I brought an action at law, and was declared not to stand sequestered, but Mr. Yaxley, on pretence that I am sequestered, has obtained your order to continue in possession. I beg leave to proceed with him at common law, or to have a reference to the member for co. Leicester. [1 page.] Annexing,
73. i. Order in the Council of State alluded to, 13 June 1654. [2/3 page.]
Oct. 26. Reference thereon in Council to Cols. Fiennes, Mackworth, and Jones, and Sir A. A. Cooper, to report. [I. 75, p. 589.]
Oct. 26. 74. Petition of Alex. Rowley to the Protector, for relief. I served at my own charge from the beginning of the war, made bold attempts and prosperous exploits, losing 4 horses, goods, and arms, without recompense. Being disabled from service by wounds and imprisonment, I have spent the rest of my time to the benefit of learning, and have served you and your sons, your court, and family with a sphere and books, which cost me 30l. and 1¼ years' labour, for which you promised me recompense. With reference thereon to Col. Montague, Wal. Strickland, and Hugh Peters, to report how he should be remunerated, 19 July 1654; their report that he should have 50l., and reference thereon to Council, 5 Sept. 1654. [2 pp.]
Oct. 26. Order in Council for payment of the 50l. from Council's contingencies. [I. 75, p. 590.]
Oct. 26. Council. Day's Proceedings.
5. 75. A paper delivered to the Lord President from the Dutch Ambassadors concerning the Elizabeth of Flushing, John Nose, master, taken by the Tiger frigate, and another ship in the Commonwealth's service, and brought into the Thames as a prize, referred to the Admiralty Commissioners, to learn the facts, and report. Annexing,
75. i. Bill of lading of the said ships, 2 Oct. 1654. [2/3 page.] Enclosing,
75 ii. Deposition of John Nose, master and part owner, before Jno. Daniell, notary of London, that the ship belongs to subjects of the Netherlands, and that she was laden with 34 lasts of rye for Bayonne, which he sold there, and then freighted her on behalf of Stephen End, merchant of Bayonne, with oil, whalebone, and cloth for Nich. Godine, at Havre de Grace; also with feathers, rosin, &c., bought with the proceeds of the sale of the rye, intending to dispose of the same on behalf of the owners at Havre de Grace, but was chased and taken by the Tiger and another ship belonging to the Commonwealth, and brought into the Downs. 10 Oct. 1654. [5 pp.]
75 iii. Report of the Prize Commissioners to the Admiralty Committee. They find by examination of some of the company of the Elizabeth of Flushing in the Thames, before Capt. Howett, that she was laden at Bayonne by Stephen End, with oil and other goods, belonging part to him, part to the owners, and part to the company, to be delivered at Havre de Grace; being captured while the Admiralty Court was not sitting, they could not examine the matter, but the goods are in a perishable condition. 30 Oct. 1654. [¾ page.]
75. iv. Report of the Admiralty Committee that the lading is liable to condemnation. 30 Oct. 1654. [Draft. 1 page.]
8. Order on information of the non-performance of the order of 15 Aug. last, relating to Brandspeth rectory, sequestrated from Dr. Cosins, that Sir Geo. Vane, John Ayerson, mayor of Durham, Thos. Delaval, and Tim. Whittingham, Justices of peace, speak with Mr. Lever, who was ordered to pay her 1/5 of the rectory with arrears, and bring about an agreement between the parties, or certify. [I. 75, pp. 589, 590.]
Oct. 26.
Navy Office.
76. Navy Commissioners to the Admiralty Committee. In the victualling of the navy by way of commission, we advise:—
1. That special care be taken that timely declarations what number of men are to be victualled be made 1 Sept. yearly for the winter and 1 Nov. for the summer service, and that the declarations reach (as near as possibly can be forseen) the full extent of the action, to prevent the inconvenience and hazard of summer's provision.
2. That seasonable and certain provision be made of money to carry on the affair, so that the Commissioners may not fail to have in cash ⅓ of what is to be provided in hand, and the rest in 10 monthly equal payments.
3. That 3 able and active men be commissioned to attend this service, with a clerk each, to provide and issue provisions both for sea and harbour, on warrant from the Admiralty Committee or Navy Commissioners, managing the whole for the public interest, with liberty to contract for victuals to be provided at Kinsale, Liverpool, and other remote parts (the employment not bearing the charge of agents), as also for a petty warrant victualling.
4. That one able cashier and a general accountant be appointed by the State, with fit salaries, who are wholly to attend that service, but all other officers relating hereto, both at sea and in harbour, to be appointed by the Commissioners for this undertaking, with suitable salaries. The number to be varied as occasion may require; but these to be constant: viz.
A clerk of the check for stores and issues in the port of London, with 2 able clerks or servants, who is also to examine all expense at sea; a purveyor; a storekeeper for flesh, who may also be a surveyor; a clerk of the cutting house, to look to weight and cutting, who may also provide and issue peas, &c.; a messenger, who may also be a hoytaker, and a doorkeeper.
At Chatham.—A storekeeper to receive and issue all remains.
At Portsmouth.—An agent to keep cash and books, a store keeper, and a clerk of the check and issues.
At Dover and Plymouth.—An agent each.
5. That the designed Commissioners have power to impress all ships and vessels, seamen, hoymen, labourers, and artificers needful for carrying on this service, and also have the use of the State's houses and stores.
6. That they take the inspection of all accounts referring to this affair, both at sea and in harbour, and adjust them, and provide that at the end of each 6 months, the balance of the whole account be presented to the Admiralty Commissioners, whereby a general estimate may be made of the expense. At the end of every year, a clear and complete account of all cash, contracts, issues, and remains should be drawn up and presented, whereby the charge of the whole may be exactly discerned.
7. That the money designed to carry on this service be paid to the cashier by the Navy Treasurer upon warrant from the Navy Commissioners, who are to issue their warrants upon certificate from the Commissioners for Victuals.
8. That the cashier pay out the money received by him by direction and on the warrant of the Commissioners for Victualling, to which account of cash, examined and certified by them, the Navy Commissioners are to give allowance, by bill to the Navy Treasurer for clearing the imprests.
9. That the accountant enter daily the actions of all ports in matters appertaining to this affair, so that he may be able to give a charge to all instruments, both at sea and in harbour, and that he and others observe the directions of the Victualling Commissioners.
In the management of the whole of this business, the Commissioners appointed shall communicate their proceedings to the Admiralty Committee and Navy Commissioners, and receive orders from them. [3 pages.]
Oct. 30. Council. Day's Proceedings.
1. John Clerke, Ed. Cludd, Rich. Lucy, Ed. Horseman, James Philips, Ed. Gill, John Hildesley, Jervas Bennet, and Capt. Adam Baines, the Army Committee, are appointed to issue warrants to the War Treasurers to pay 3 months' assessment of 90,000l. a month, ending Dec. 25 next, for the pay of the forces in England, Scotland, and Ireland and their incident charges, and for the navy, according to the Ordinance for continuing the Army Committee and War Treasurers. The War Treasurers to observe their warrants, and the auditors for the treasury accounts to allow them. [I. 75, pp. 590, 591.]
[Oct.] 77. Petition of Major Fras. Allen, on behalf of the church at Wanting and Grove, co. Berks, to the Protector. Notwithstanding a Council of State order of 4 June 1653, Mr. Holt, now member for Abingdon, steward of that court, ordered Rob. Clement, his bailiff, to prohibit those congregations from meeting at Wanting town hall. Begs liberty for them to do so. [1 page.] Annexing,
77. i. Statement by Rob. Keate and 14 other inhabitants of Wantage, that being straitened for a room to assemble to wait upon the Lord, they petitioned for and obtained Wantage town hall, but a new steward has locked it against them, though they never injured place or person, and though it is only wanted at certain times for courts, and that not on the days when they use it. Wantage, 15th day of 8th month 1654. [¾ page.]
Oct. ? 78. David Buchanne to the Protector. I beg leave to speak with you, having something to impart which very much concerns you, as a testimony of my unlimited obligations. [½ page.]
Oct.? 79. Report made by Lambert Godfrey, Wm. Cooper, and Thos. Manton, 3 of the referees, to Council, on a reference of 14 July last. We received papers from Lord Wariston and others, for themselves and certain ministers of the church of Scotland, but Mr. Sharpe, another party named, did not deliver any papers, being not authorised thereto by the church of Scotland, but begged time to consult them, which divers of the referees being unwilling to grant him, they proceeded to debate, though without voting, only the chairman Dr. Owen putting the letter P before those desires of the other party which were passed by the referees; but some particulars were of great concernment, and their passing was matter of controversy.
The proposals of the referees are:—
1. That his Highness should give a commission to able and godly persons who understand that church, with the same power as the former commissioners for plantation of kirks in Scotland had, and that they be authorised to dispose of the maintenance of the church, according to the acts of the uncontroverted assemblies of that church, and the laws of that land before 1651.
2. That a visitation be made,—half the visitors to be chosen by those who are for the public resolutions, the other half by the remonstraters,—for planting and purging ministers and elders, and composing divisions in presbyteries and congregations, being authorised thereto by the synods, in their respective bounds.
3. That there be a general committee of delegates from the several synods, of an equal number of both judgments, without whose consent the synods may not reverse anything done by the visitations, which with the committees are only to continue till the present differences be healed.
These proposals, said to be so passed, are the same verbatim as the desires of the other party, and we dissented then from them for these reasons:—
1. That your reference wishes us to consider the fittest ways of Christian composing of the differences, the consent of both parties being had, and not how there might be an authoritative imposing on both by the civil magistrate; which proceeding, in such matters as the proper means of church reformation, we judge very unsuitable to the principles professed by both parties, who claim the divine right of church government, and also to the principles declared by the magistrate at this day for the liberty thereof, held forth by the petitioners, and to the advice lately passed.
2. We think these resolves amount to the exercise of legislative power without Parliament, and that not in the interval, but during the present session, and in so high a matter as erecting a new ecclesiastical jurisdiction, whereby the church government of a whole nation is suspended, if not subverted.
3. If the proposals are to be understood to be subject to ratification by Parliament, we doubt that Parliament would censure so high an entrenchment on their privileges, this being a main one, that all laws should take their rise from the House itself.
1. As to the first proposal, we know not any assemblies that have been uncontroverted, and therefore we know not what may become of the public maintenance, and also we know not the laws of that nation before 1651.
2. To the 2nd and 3rd proposals, we do not think the election of delegates in equal numbers of each judgment to be a scriptural qualification of church officers; though they seem to give the election to the synods, they really give it to the magistrates, by the power of prelimitation of elections, and 'this is Erastianism. Thus the magistrates may impose prelimitations in infinitum, and may in effect qualify all church officers, nay churches themselves. The principle of this precedent would destroy the freedom, if not the being, of churches, as well congregational as synodical.
The 2nd proposal turns all the actings of the visitations into contentions, the numbers being equal on both sides, and will propagate differences, instead of healing them.
3. The third proposal makes the synods set up a jurisdiction above themselves, which is a tyrannical constitution, for it gives a negative voice to a few of the synods or their delegates on the whole synods, and intimates that their delegates will be more faithful in the work of reformation than the synods that choose them.
These proposals show a design to set up a domination by that party over the other, who cannot in conscience join with such exotic powers imposed on the church, so that we fear the breach would be rather widened than healed. [1¾ page.]
Oct.? 80. Estimate of the cost of 3,000 men's victuals, each man having daily a pound of biscuit and pottle of beer; for 3 days in the week 1 lb. beef and 1 pint peas, and for 4 days ¼ lb. butter and ½ lb. Cheshire cheese daily; total 2,456l. 4s. 1d.; which sum the Admiralty Committee judging too high, have reduced it to 2,100l., which is 6d. a day per man. [1 page.]
Oct.? 81. Report of the Admiralty Commissioners to the Lord Protector and Council of State. Being entrusted with the management of the affairs of the Admiralty, &c., and finding ourselves under many pressures and straights, in respect of the service, and knowing no other way of relief, we represent the state of the same to his Highness and Council. We lately presented to his Highness and Council that, by reason of their great and chargeable accounts, the Navy had run into debt above the sum of l., which occasioned exceeding great clamour of many creditors upon them, for payment of the money due according to contract; that since that time, the Navy Treasurer has only received l., which has been mostly applied to the payment of Gen. Blake's fleet, the debts resting unpaid, the creditors' complaints aggravated with the increase of time, and the credit of the State exceedingly impaired.
That the necessary provisions which the former fleets expended, and the now setting forth of the W[est] I[ndia] ships and the present fleet, will so exhaust the naval stores that there will be little remaining for future emergencies, or for supply of the fleet in case of any casualty.
That through failure of former agreements, the State's credit is so far hazarded that the stores cannot be supplied without ready money, as indeed the grand concernment of the State and their present affairs call for.
That if all the debts now remaining were not considered, yet the moneys which weekly arise from the Exchequer will not answer the weekly charge of the service, the very victuals eating up 2,000l. of the 8,000l., and the bare fitting and supplying of the fleet for sea expending much more than the residue, though wages, bills of exchange, and press and conduct money require ready payment. At this time of the year especially, the naval wants are greatened, as the ships are usually paid off and works needed.
That many of the ships which are to go forth with this fleet being called in, their men lie upon dead charges, for want of money to pay them off; some ships we cannot call in for the same reason, and this very much retards the dispatch of the service.
That notwithstanding our utmost endeavours to pay these ships, by applying most of the money received thereto, the naval affairs consist of many necessary provisions, which must have an equal regard, as unless we provide on the one hand, we fail on the other.
That sundry other ships of the Channel guard, having been long out and unpaid, cannot be brought in and disposed of, but are forced to stay out in an unfit position, and the charge thereby needlessly augmented.
These things and the exceeding great concernment of the fleet in the present undertaking induce this representation. We have daily wrestled with all manner of difficulties to carry on the service without giving your Highness and Council interruption, but finding the burden itself, in respect of the greatness of the employment, very weighty, the clamour and discontents of great numbers of persons incessantly importunate much more irksome, and especially fearing, and not without grounds, that the work in our hands will fail for want of necessary matter to carry it on, we dare do no less than tender the same to his Highness and Council, beseeching them to consider and seasonably provide, so that we may be encouraged to proceed in the service. [Draft, 2¾ pages.]

Footnotes

  • 1. This form follows the type of the warrants presented to the Sovereigns for signature.—Ed.