BHO

Volume 77: Undated 1654

Pages 421-432

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

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Undated 1654

84. Petition of Theop. Baughey, Laurence Wollaston, Geo. Hooper and Walter Paine to the Protector. On the coming forth of the Act for sale of forest lands, we paid 1,800l. in money and bills, on security of the Act, but the trustees not proceeding to sale of the lands, we beg an order for a lease of such a proportion as shall recompense the said sum with interest, or a transfer thereof to Deans and chapters' lands, or some other relief. With note of reference thereof to Council, 4 months ago. [1 page, copy.]
85. Petition of divers well-affected parishioners of Chatham to the Protector and Council. At a late meeting, they elected Walter Rosewell to preach and minister amongst them, till provision be made for comfortable maintenance of him, or such other as shall be chosen. Beg confirmation, that they may enjoy a privilege of which they have been some years deprived. 13 signatures. [1 page.]
86. Copy of the above without the signatures. [2/3 page.]
87. Petition of Capt. Saml. Dickinson, of the Gift, to the Admiralty Committee, for a hearing to vindicate himself from the charges made against him by Lieut. Hen. Barrow. During his nine months' employment in the ship, observed the lieutenant to be a person of a very light and loose conversation, a great neglecter of duty, a frequenter of alehouses and taverns, in company with John Spiller, clerk of the check, at all places where they came on shore, and one that sowed the seeds of sedition between him and his officers. Fearing this might be of dangerous consequence, acquainted the master attendant at Portsmouth, in the absence of the Generals, as likewise Capts. Saunders, Crispian, and Plumley, and intended, at the expiration of the voyage, to represent his misdemeanors to their honours. Finding that instead of amendment he grew worse, was constrained to turn him from the table, and resolved to exhibit the annexed articles of misdemeanor against him. On this he exhibited several articles against petitioner, which are utterly false and scandalous, as appears by his annexed answer, and by the testimony of the Governor of Newfoundland, and of all the officers and others under petitioner's command. [¾ page.] Annexing,
87. i. Articles of misdemeanour presented by Dickinson against Barrow:—
1. Pretending to have business with the Commissioners, he left the ship in the Downs to go for London, and carrying the clerk of the check's wife from Deptford to the Blue Boar's Head at Gravesend, gave out that she was his wife, and afterwards brought her on board, and lodged her in his cabin.
2. He was very turbulent, and often endeavoured to sow dissension between the captain and officers.
3.He often went on shore at Deal, Portsmouth, and Plymouth without leave, and stayed day and night drinking and ranting.
4. In June last he lodged in the clerk of the check's cabin, and having a candle, he twice set the ship on fire, and had not the carpenter and others broken open the cabin door, and quenched the fire, it would have destroyed the ship, and the whole company.
5.He bought brandy wine of the check, causing him to set it down in his book as for clothes, and dispensed it to the company in his cabin.
6. While at Plymouth, he vaunted that if he could inform against any man to better himself, or to get his place, he would do it. [¾ page.]
87. ii. Articles by Barrow against Dickinson:—
1.He has caused the Lord's Day to be openly profaned by causing trumpets to sound, and sending for other music, and drinking.
2. He is a drunkard, and was drunk several times on shore and at sea, and vaunted, "Let those who dare complain to the Generals, for he would drink and be merry in his cabin." He was also drunk at Plymouth Sound and at Cape Rial, Newfoundland, and caused 40 pieces of ordnance to be fired.
3. Notwithstanding the good laws sent on board for the punishing of drunkenness and swearing, he has not punished either, although several times informed of the delinquents, so that both became customary in the ship.
4. He has kept runaways on the muster book, and taken tickets for 4 boys, his servants, though not being able seamen.
5. A collier's yawl being run on shore by its men, from fear of being pressed, the ship's boat brought it on board, and when the master of the collier desired it back, Dickinson replied it was for the use of the State, but since he has converted it to his own use. [1 page.]
87. iii. Answer in detail by Dickinson to these articles:—
1. I am no profaner of the Sabbath, and as for sounding of trumpets on that day, coming from Flanders on a Sunday night, after convoying some ships, and meeting with a fleet of Hollanders and Hamburghers, I commanded some guns to be fired to make them strike; and a commander of one of the Hamburghers coming on board to dinner, he and the lieutenant went on to the poop, and then the trumpets were sounded, but without my knowledge or consent. I never had any other music on board, save that the master's mate of the Merlin came on board one week day, and brought a viol and cithern.
2. The reason of firing guns was that on arriving at Newfoundland before any of the squadron at Cape Broyle, and understanding the governor lived but 7 miles off, I went in the shallop to give him notice of my arrival, and to know what French were there, and was very civilly entertained by him and the merchants all night; the next morning they came on board, and in honour of my employers, I presumed to salute them with some guns, they having done the like to me, and bid them welcome to a dinner, when some small guns were fired. Barrow was not with us all the time they were on board, as I had turned him from my table two months before for his misdemeanours, and although the Governor and some merchants lodged with me on board all night, we were not drunk.
3. As to favouring drunkenness and swearing, I caused the articles to be placed in the steerage, had all the men called up, and gave a charge of the same; and when any complaint was made, I caused the offenders to suffer accordingly; the boatswain punished some with the butt of his whistle on the forehead; some were arraigned at the bar on the forecastle, with a gag in their mouth and a paper on their breast, showing the cause of their being there; others were drubbed, and some set in irons. I set the check in irons for drinking, swearing, and ranting on shore 6 days and nights, and the lieutenant loosed him when I was gone on shore; but on coming back, I had him put in them again.
4. As for false musters, I kept 3 absent servants on the books, in hopes that they might return. The 4 boys named have been 7 years at sea.
5. As for the yawl, I have employed her in the service ever since she was taken, and she is now in the State's yard at Woolwich. [2¾ pp.]
88. Petition of Peter Eppen, master of the Star of Emden, to the Protector, for an order to the Prize Office Commissioners to release his small vessel, being no enemy, or her charges will amount to more than she is worth. She was one of the 18 in the Hamburg fleet taken by the Elizabeth 3 Oct. last; the case has been before the late Council of State, and is now before the Foreign Affairs' Committee, who have released some of the said ships. [1 page.]
89. Petition of Jane Gilbert, widow, to the Protector and Council. After several years' attendance, obtained an order from the Admiralty Commissioners, by which the Navy Commissioners have given her an order on the Commissioners for Prize Goods for 100l., for the loss of her husband, and relief of her herself and 3 children. Her wants and debts are great, and a stop is made that moneys cannot be paid without an order; begs one accordingly. [1 page.]
90. Petition of Capt. Rich. Kesting, Cornet Rob. Barret, and Quartermaster Hum. Draycot to the Protector. Kesting forsook a wife and large family in London, and served at his own cost in Col. West's regiment at the relief of Gloucester, was wounded at the first battle of Newbury, had the army disease, received nothing, and lost 50l. In 1646 he removed to Leicester, raised a troop of militia horse, and was sent by Lord Grey to Uttoxeter to apprehend Duke Hamilton, but received only 40s. On the coming of Charles Stuart they all served a month, having a week's pay in advance, but no salary then or since. Beg payment out of money in the hands of Ald. Edm. Craddock, of Leicester, raised for those public uses. [1 page.]
91. Petition of John Pearse, late commander of the State ship Providence, to the Protector, for the place of land waiter in the Custom House of London, or other employment competent for the support of himself and family. At the beginning of the late troubles, deserted his merchandising affaires and fully engaged in the public service. Rehearses his services, and the injuries he has sustained thereby. Has made very small improvement by his sea employment, declining his own to advance the public interest. [1 page, damaged.] Annexing,
91. i. Indenture of apprenticeship for 7 years of Richard Scale, son of Jonathan Scale, of Petworth, co. Sussex, deceased, to John Pearse, of the Providence, who is to teach him the Mariner's art. [1 page, damaged.]
92. Petition of Mary, wife of Step. Penn, of West Cowes, Isle of Wight, to the Protector. Has attended in vain 20 weeks for the freight of a boat, and wages of her husband and others, on the design against Jersey. Her husband, her mother of 94 years old, and 4 children are all sick, she has no money, and the creditors threaten to arrest her husband's boat for the debt, and yet she can get no relief by Admiralty Committee or Council. Begs dispatch. [1 page.]
93. Petition of Rich. Shute, and the rest of the owners and merchants of the Concord of London, to the Protector, for the proceedings about the said ship and goods to be again inserted in the treaty with the Dutch, and satisfaction required therefor. Often petitioned the late Council of State, on their loss in 1648 by the Dutch on the coast of Brazil, the ship and goods being worth 30,000l., as proved in the Admiralty Court.
Lord Chief Justice St. John and Mr. Strickland, then ambassadors to the States-general, in vain demanded satisfaction, on which the Council of State referred the case to the Admiralty judges, who reported that letters of reprisal should be granted, when an ambassador then coming for peace, the Parliament commissioners made their case an article in the treaty, but it broke off, on account of the Dutch fleet's hostility in the Downs. 6 signatures. [1 page.]
94. Edw. Lowe, organist of Christchurch, Oxford, to the Vice-Chancellor and delegates. The dean and prebends of Christchurch 30 years ago gave an organ to the University, which was planted in the University church, and they settled 10l. a year on an organist, to play a psalm before and after sermon, which was paid quarterly by the vice-chancellor, but the organist paid 1l. 6s. 8d. to a clerk for naming the said psalms.
This I received till 1648, and then nothing for 2 years, on account of the troubles, but in 1650 Dr. [Edw.] Reynolds, then vice-chancellor, paid my arrears. I had nothing again till 1652, when the chancellor [Dan.] Greenwood paid my arrears. In 1653, the delegates ordered Vice-Chancellor [John] Owen to pay me 10l., but no more after, though nothing was laid to my charge. I beg the chancellor to recommend this business to the delegates, either to show why I have forfeited my salary, or to pay me the arrears. [1 page.]
95. Rich. Southwood to [the Mayor of Melcomb Regis]. Capt. David Dove, pressmaster, has summoned certain men who refuse to appear. You are therefore to impress any of them in your precincts between 16 and 60 years old, and summon the rest to appear before Capt. Dove, at the White Hart, Melcomb Regis. In case of nonappearance, you are to apprehend and bring them before me at Dorchester. [2/3 page.]
96. Case of Sir Peter Killigrew:—
1. His account was stated in 1648 by the Revenue Committee.
2. In 1650, it was referred by the Council of State to the Irish and Scotch Committee, and by them again stated.
3. It is now stated by the Committee of Council for hearing petitions.
There is 2,150l. due to him, on a life annuity of 200l. a year, which Parliament ordered the Revenue Committee to pay. They granted him 2 warrants for 600l., on which nothing has been paid, and recommended Parliament to grant him the remainder from the estate of John Arundel, late governor of Pendennis castle, by whose order his house was burnt.
For the reducing of that castle, all the timber and trees left unburnt about his house, and all the lead that covered the hall and gatehouse were used.
He has a patent from the late King, for the lives of him and his wife, for 200l. a year, which he is willing to surrender.
He has performed 160 journeys for Parliament, and served long and faithfully, and begs consideration. [1 page.]
97. Request by Geo. Payler, John Falkener, John White, and Wm. Somerfield, ordnance officers and clerks, to the Ordnance Committee, to move Council that the auditors of imprests may audit the accounts of their office, and that 7,000l. arrears of their wages for 6 years' service may be paid. [2/3 page.]
98. Report by Col. Mackworth and Sir A. A. Cooper, on a reference about the arrears demanded of Col. Pride by the Commissioners for Excise. He alleges that in 1643–45 his clerks did not collect, the excise not being fully settled, and he absent in the army, and these arrears are pardoned by the Act of Oblivion; also that he lost 1,600l. for beer delivered to the navy, which was thrown overboard.
The Excise Commissioners say that the Excise was collected in 1645 with arrears, but they do not claim them, the balance due Sept. 1645 of 227l. 9s. 6d. being cleared afterwards. But they think he himself determines that the Act of Oblivion does not free him, for he paid 124l. 3s. on the balance of his account of 682l. 6s. 6d. due before that Act, and also promised to pay the remainder, on which the Commissioners forbore prosecution. There will be 20,000l. endangered by this precedent, if the Colonel's demand be admitted. [2 pages.]
99. Statement of Col. Pride's account for excise and the brewhouse, 1645—Dec. 1652; balance due from him 558l. 3s. 6d. [1 page.]
100. Recommendation by Dr. Wilkins of Reinolds of Magdalen, Cooper of New, and Dod of Christchurch College [Oxford], as "honest, "learned, prudent men, and very good preachers." Also of Dent and Jempson of Wadham, and Silvester of Trinity, as "honest, humble "men, and very useful preachers." [⅓ page.]
101. Account addressed to the Protector by Carey Mildmay, of Waltham Forest, Essex. There is great spoil of timber, both by foreigners and the inhabitants, there being no person of trust empowered to preserve the forest, since the late Act of disafforestation.
There is much good timber in Wallwood, Layton Walk, 80 acres, but though it belonged to the State, it was questioned last year, and great spoil made in the timber. [2/3 page.]
102. Certificate by Peter Gill and 5 other merchants, and Sam. White, surgeon, all of Guernsey, that on 1st May, being near St. Malo, with Capt. John Smith, they sent to enquire if the coast was free for trade; they were falsely told that it was, and were going in, when warned by 2 English merchants, Saunders and West, not to proceed, and to inform the convoy, as no boat of St. Malo was allowed, on pain of death, to approach any English vessel till within command of the town, that thus they might be surprised. They said that English merchants are appealing to the King, and to the Parliament at Rheims for justice, 28,000 livres and many goods having been taken from English merchants, their vessels arrested, the masters and company beaten, and sent to Jersey: Also that English boys sent to learn French were stripped, and left naked in streets. [1 page.]
103. Statement of the cause between David Galbreth, captain of the King of Great Britain, and Elias Dove and Henry Brower, inhabitants of Emden, as to whether the ship De Witte Dove and its cargo belongs to Dove and Brower, or to other English or Zealand merchants.
Dove and Brower pretend they are true owners, and in proof allege,—
1. The agreement (commonly called the Charter Party) between them, dated 18 May 1653, which asserts the fact.
2. The letters of safe conduct, dated 16 October 1652, and the certificate, dated 20 May 1653, both from the consuls and senators of Emden, setting forth that Brower had appeared before them, and sworn that he intended sailing into France, and that he would discharge the cargo nowhere except in Emden.
3. Brower's recognizance, dated at Rochelle, 3 July 1653, together with the [master's] letter to the same effect.
4. Several examinations of Brower to the same effect.
To which we reply,—
1. Why listen to words when we see the facts ? We see plainly that all this is fraudulently pretended that, beneath this mask of Emden, pirates may safely ply their trade in England, the United Provinces, and wherever they please, contrary to the decrees of the highest powers. But this mask was stript off, and the fraud exposed by the trusty merchants of Flushing, Bateman, Peters, and Benuse, and several others, who claimed the vessel entire for themselves from these impostors, and compounded with us by consent of the Lords Justices for her, and paid no mean sum of money for her release; and by virtue thereof, and of the judges' decree, took possession of her and brought her to Flushing, and there kept her 6 months, and still keep her, Dove and Brower not daring to claim her. But Dove's counsel said nothing, and Brower, on the discovery of the fraud, instantly fled. As they were plainly taken in a falsehood touching the ship, it may be fairly presumed they told a lie as to her cargo.
2. We reply all that is afore said, which is of any importance, rests on Brower's honesty, whereas he is a man of scarcely any reputation, thrice perjured, and who has been caught contradicting himself in this very case. In one place he swears that Dove bought this ship of Peter Morleux and Arnold Beake, London merchants; in another, that he does not know of whom he bought it. At one time that she was laden with nothing but ballast; elsewhere that he discharged part of her cargo, viz., cheeses, at Charente. At one time that he had received no commission from any London merchant; at another, that he had received a letter and orders at Rochelle from Christian Paulus Senthill to bring his ship and her cargo from Rochelle to the Downs, which he obeyed.
3. We reply that it is incredible that Dove should allow Budæus Matthew, who claimed the ship and its cargo in his own name, to remain 9 whole weeks after claiming her without letters of procuration, or that the wine ordered by the judges to be sold should have been lost for want of his consent to its sale. Finally, we have only to suppose that somebody purposed, for the sake of gain, the free exercise of trade in prohibited places, as too many nowadays do, and at once all these recognizances, charters, testimonals, and safe conducts become the necessary and ordinary resources of fraud.
They [i.e. Dove and Brower] further produce the decree of the Court of Admiralty in London, asserting that the ship with her cargo belongs to Dove and his partners in Emden:—
We reply that, 'even if it be not granted that Dove had 1/16 of her, which he afterwards sold to Brower, and that his partners still wished to enjoy the liberty of Emden in the general disturbance of affairs, yet not one of them was a citizen of Emden; most belonged to Flushing, and the rest to London, as appears from the replies of Lewis Bateman and the rest of the Flushing merchants. The ship belonged to them, and was formally sold by the master at London, as they also assert, and a formal sale is a real sale. We add that it was sold to the English merchants Arnold Beake and Christian Paul Senthill, as is plain from Brower's deposition, and plainer still from the examination of Cassen Janson of Flushing, who sold her in England to Englishmen, and plainest of all from the original deed of sale, which Bateman and the rest confess is in the said master's hands. We had two decrees of the Court for the examination and production of this deed, but cannot yet get the benefit thereof.
2. The real names of several owners, being Londoners, have been erased from this deed, and in their place, inserted in another hand, these words, "Emden merchants," in order that a decision might be given in accordance therewith, instead of a just award according to the laws. On the contrary, we affirm that even before the sale in London, the real owners of a great part of the vessel were Englishmen, and after the sale, of the whole. In proof whereof we produce,—
1. Two authentic depositions of Ralph Hutton, an English parliamentary captain, who formerly took this ship, and John Gardiner, his lieutenant.
2. Brewer's confession in his examination in this very Court of Admiralty at London, that she had been sold to English merchants, and that the present master received orders from Christian Paul Senthill, a London merchant, to bring his ship to the Downs, contrary to the former order of Dove. Nevertheless he complied with the latter order from the London merchant, and brought his ship to the Downs, where it was taken on the very coast of England. This was not the direct road to Emden.
Note the astuteness of the master after receiving the latter message. In the pass he obtained from the High Admiral of France, he entirely omitted what is usually inserted, the name of the place to which he was bound, that he might freely land at the Downs, or wherever he pleased.
3. We produce the depositions of Lewis Bateman and his partners, and earnestly entreat that the original deed of sale, which they themselves confess is in the hands of the master at Flushing, may be produced in Court, side by side with the former decrees of the Lords.
To these might be added several strong presumptions; as for example, Dove's negligence in a matter so important, plainly showing that the cause does not concern him at all.
Thus we conclude that a ship which is not free makes a cargo also not free. If this vessel be not an Emden vessel, but is either a Flushing vessel, trading at times with the English, after the prohibition of the High and mighty states; or if it is an English vessel, as it has been sold in England, and is owned by Englishmen, for the re-purchase of which the former owners, inhabitants of Flushing, have themselves stipulated, certainly neither the ship nor its cargo can be deemed free.
I humbly beg the Lord Advocate of the Treasury and Lord Gruter that this blind product of a hasty pen, for re-reading of which, before the departure of the post, time scarcely sufficed, may be reduced into better form, and that by their endeavours, the examination of Brower in England, which was handed over to the counsel of Flettvell, may be given up to be translated into German, and that the deed of sale in the hands of Cassen Janson may be produced, without which I do not see how we can proceed to judgment. [Latin, 2 pages.]
104. List of the stations of ships of the several rates on the summer guard:—
7 in the Soundings.
7 from Cape Finisterre to the bottom of the Bay.
5 on the coast of Ireland and the Severn.
4 on the guard, and attending convoys between Plymouth and Scilly.
2 between the Start and Isle of Wight.
2 about the said isle.
2 at the Beachy.
4 between Lynn deeps and the Downs.
3 " " and Tynemouth Bar.
3 on the coast of Scotland.
1 for the North Sea fishery.
2 " Greenland "
27 in the Downs.

69
105. Verses on the state of England:—
"Is nott distracted England strangly dead ?
For who can say shee lives that wants a head ?
Shee whom the hand of Kinges could onely guide
Is growne a hobby-hors for boyes to ride;
And Parlaments are soddainly unknitt
Like dust that's swept from where their worships sitt.
Sleepe is so heavie on that stupid lande
That she can bear affronts from every hand.
When men would see the follies of our age
She, like a chained Ape, comes on the stage.
Up for the Saints! up for Presbytery;
Up for Lenthall, up for Lambert; and lye
Down for Kinge Charles: Good Ape, who onely can
Derive a title both from God and man.
Tears, give mee way to write! This is the grave
Of all hir Honours; England is a slave."
106. Latin verses in the same hand addressed to the Kings of France and Spain:—
Invictis Galliarum Hispaniarumque Regibus.
Protrepticon.
Horrida belligerâ squalebant regna ruinâ,
Heu; consanguineo fœda cruore nimis.
Damnastis tandem saturum jam sanguine Martem
Sanat Bellonae vulnera grata Venus.
Ambit Iber pacem, dum tu connubia Galle
Inter utrumque sacer fædera sancit Hymen.
Unio sceptrorum hæc late nunc arbiter Orbis
Gentibus assurgat ponere jura reis!
Altera nempe manent vos depugnanda duella
Herculeos enses stringite, monstra vocant.
Barbara Tartarei sceleris luat Anglia pœnas
In Rege expulso vestra ruina latet
Regia regali cædes sic vendice freta
Lustratus merito sanguine, sanguis erit.
Auspiciis vestris, solium conscendat avitum
Carolus! Hæc vestrâ digna trophæa manu.
Subdite perpetuis solida hæc fundamina sceptris
Vincere quod Regem quam stabilire minus.
[1 page.]
107. "Meditatio de dissidio ecclesiastico inter Evangelicos tollendo. Caiodouni, Typis Joachimi Georgi Rhelii, 1654." Tractate, dividing the defenders of religion into 4 classes:—
1. Those who defend it from judgment only.
2. Those who mingle affection with judgment.
3. Those who act from mere affection.
4. Those who are influenced by neither judgment nor affection, but by a love of litigation.
Remarks upon the conduct of each of these classes, and arguments in favour of a general synod, consisting of one or more deputies from every Christian monarchy, prince, or State. Inc. Quatuor mihi videntur. Fin. Quod faxit Deus. Amen. [Pamphlet, 6 pages. 4to. 36 paragraphs, printed. Latin.] (fn. 1)
108. "Ratio constitutæ nuper reipublicæ Angliæ, Scotiæ, et Hibirniæ unà cum insulis aliisque locis ejus ditioni subjectis, penes Dominum Protectorem et Parlamentum. In quâ ostenditur, constitionem hanc non modò priorum mutationum rationibus convenire, et ex illis necessariò sequi, sed iis etiam quæ à Parlamento et exercitu declarata palam atque acta sunt prorsus esse consentaneain. Quæ quidem sensus atque judicium hominum complurium est, qui per has omnes rerum inclinationes ac motus, et Dei et patriæ causæ, fideles atque integros se præstitere. Ex Anglico in Latinum versa."
Londini, Excudebat T. Newcomb, 1654. [Printed pamphlet of 62 pages.]
109. Narrative of the purchasing and disposal of part of London House, the palace of the late Bishop of London, by the late Rich. Coysh, citizen and skinner of London. That on the debate about raising money for arrears of the Scots' army, Coysh did his utmost to prevent bishops' lands being sold, that they might be employed for uses of piety and charity, but being overruled, he in 1647 bought part of London House, viz., the Gatehouse, great hall, parlour with lobby, servants' dining room and kitchen—all ruinous, having been latterly used for a prison—and several yards. For these he gave 817l. 13s. 4d., and for the ground on which they stood, 1,201l. 1s. 6d. at 13 years' purchase. He pulled it down, built 15 new houses, and let or sold the rest of the ground, setting aside 84l. a year for charities, viz., 42l. for a lectureship at St. Gregory's church, 8l. and 16l. for the poor of London, 10l. for exhibitions for poor scholars at the University, and 8l. for the propagation of the Gospel among the Indians in New England. He died in Jan. 1652, and by will he left ⅓ of the rest of the purchase to his widow, and 2/3 to his son Elisha, who has settled it on his wife. [Printed broadside.]

Footnotes

  • 1. In the King's pamphlets, British Museum, (E. 830, No. 2) is one entitled, Concordiæ inter Evangelicos quærendæ consilia, by John Dury. March 10, 1654.—Ed.