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Volume 69: April 1-19, 1654

Pages 69-110

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

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April 1-19, 1654

April 1.
The Swiftsure, St. Ellen's Road.
1. John Poortmans to Rob. Blackborne. We much expect the issue of the Dutch treaty. Your silence last week has created some jealousy among us, and though the Generals do not say much, they think it strange that there should be so little intercourse between the Commissioners and them, and that the present state of affairs should be so much concealed from them, a clear knowledge of which would put further life into us. But verbum sat. Several commanders in the fleet are much unsatisfied to be kept so much in ignorance, and to be looked on as mercenaries, which they disown. Let this be remedied.
I want repayment by the Commissioners of Sick and Wounded for 8l. paid to a widow. [1 page.]
April 3. Council. Day's Proceedings.
1. Approval by the Protector of the Ordinance continuing the Act for probate of wills, which is to be printed and published.
3. Order that Wm. Legg and C. Kinnersly send to Council a particular note of all the hangings, beddings, carpets, chairs and stools, furniture, and household stuff belonging to the Protector, which have been lent to anyone and not returned, so that they may be called in.
4, 5. On delivery of the said certificates, the messengers of Council are to repair to the said persons, and demand immediate delivery of the goods to Mr. Kinnersly, to whom all persons having such goods are required to give them up.
6. The business of the Portugal, on the examinations and papers returned by Mr. Attorney and Recorder, referred to Cooper, Jones, Strickland, Mackworth, Skippon, Montague, and Pickering, to meet this afternoon, sent for Mr. Attorney and Recorder, and report.
8. Dr. Parker's lodgings at Somerset House, lately assigned by Jones and Strickland to Mr. Gookin, to be delivered to him, and the housekeeper to put him in possession.
9. The following persons, having lodgings in Whitehall, to render them up to the use of such others as the Protector shall appoint. Mr. Embree, surveyor, to see it done, and to receive the keys.
Thos. Bennet.
Col. Mathews.
Mrs. Huffe.
Widow Howard.
Mr. Swenton.
Eliz. Alkin.
Mr. Roberts.
Major Wansey.
Mrs. Chaplain.
Mr. Rozier.
Mr. Lapidge.
Mr. Broome.
Mr. Robins.
Mr. Sydenham.
Mr. Emerton.
Mr. Andye.
Jane Neale.
Mr. King.
Maj. Burton.
Mrs. Meridith.
Mrs. Farmer.
Mrs. Knight.
Widow Goose.
Mr. Gookin.
Sir H. Mildmay.
Mrs. Flower.
Mrs. Pierce.
Mrs. Wood.
Mr. Newman.
Col. Rous.
10. Order that the supernumeraries lately raised, increasing the Protector's regiment of foot from 700 to 1,200, and Cols. Ingoldsby, Pride, Goffe, and Sir Wm. Constable's from 700 to 1,000, be continued another month, and the Army Committee to issue warrants for payment accordingly.
11. The said Committee to order that the 5 companies of Constable's regiment designed for service begin their march, and that the necessary provisions be speedily supplied.
12. The pay of the cornet to the Protector's lifeguard to be taken off, and transferred to 2 of the gentlemen of the same, viz., Ed. Rolt and Wm. Thomson, to begin from Feb. 20, last muster day. [I. 75, pp. 207–210.]
April 3.
Whitehall.
Council to the Commissioners for Inspecting Treasuries. By an order enclosed of 29 March last [see p. 57, suprà] you are desired to consider from what Treasury the 8,000l. mentioned may soonest be paid for supply of the forces in Scotland, to be repaid from the first money coming in to Gurney House, which sum you are to charge accordingly by warrant, and direct payment to the Treasurersat-war. [I. 75, p. 210.]
April 3.
The Drake, Dover Road.
2. Abr. Aldgate to the Admiralty Committee. On 1 April I received your warrant by Rob. Rich to go to Dieppe, and attend the service commanded by the Protector for the Pearl. I received him on board and sailed at 9 p.m., but when we were within 4 leagues, a storm arose, and it being a lee shore, and he understanding the danger we were in, was very importunate that we should secure ourselves and land him in England till better weather; so we were forced back to Dover Road, where it is a mercy that we arrived in safety. We will sail as soon as we can. [1 page.]
April 4. 3. Petition of Thos. Horton, master of Queen's College, Cambridge, to the Protector. The augmentation ordered me by Parliament on account of the smallness of my maintenance is a year in arrear; I beg speedy payment of arrears, and its future continuance. [1 page.]
April 4. Order thereon that 'Fauconberg pay the arrears, and continue his augmentation, any order of restraint notwithstanding. Approved 7 April. [I. 75, p. 212.]
April 4. 4. Petition of Dr. Lazarus Seaman, master of Peterhouse, Cambridge, to the Protector. There is 60l. arrears of the augmentation granted me due, and residing at Cambridge, and in a chargeable office of employment in the University, my attendance is necessary, and my means of subsistence not answerable to my expenses. I beg payment of arrears, and provision for the future. [¾ page.]
April 4. Order accordingly for payment by Thos. Fauconberg. Approved 7 April. [I. 75, p. 212.]
[April 4.] 5. Petition of M. de Barrière, agent for the Prince of Condé, to Council. Had their pass for 12 horses sent to Dover to be transported to the Prince, but they are stopped because 4 of the horses are stone. Begs a pass for the 4 stone horses and the other 8. [1 page.]
April 4. Order thereon granting the petition. [I. 75, p. 213.]
[April 4.] 6. Proposals by Dr. John Parker and Edw. Cressett for improvement of the forests. The principal end is advantage to husbandry and tillage, to which all commons are destructive, the issuing money for public use, the satisfaction of public faith debts, this being the only way visible for payment, and raising a revenue, which, if not done out of public things, must be done by taxes.
This can be done in good proportion, and yet the Act for sale preserved, the instrument of Government remain unaltered, public debts be paid, and a large revenue raised, and none to complain.
It should not be done by leases, which are uncertain, go to executors as chattels, and are liable to casualties. If that incomparable work of the fens had been exposed to leasing, it would never have attained such perfection. Long leases would have to be granted, on account of the very great charge of fencing, building, grubbing, &c., and then much profit would be lost; and if short leases were granted, people would drive the land bare, and so leave it. Satisfaction must be given for commons' interest. If half be set out to the neighbouring commoners, it is not likely they will take leases of the rest, hoping by backwardness to reduce it to its former condition, and fearing to disgust their neighbours.
The greatest difficulty is, that the instrument excepts the forests from being vested in the Protector, but confirms the Forest Act, which says they shall be sold; therefore persons would be cautious in taking leases contrary to that Act.
An Ordinance should therefore be made, setting apart half for claims, and selling the other half in fee-farm, reserving quarter of the annual value in rent; e.g., if you sell 400l. a year, the purchaser to pay for 300l. in doubled money and 100l. in rent, which will he as much advantage as if the whole had been leased at rack rent, for such a lease would not be much above 200l. without a fine.
Some profit might be made of the other half set apart for claims, —the claimants' interest being less valuable than other commons (because only by sufferance, and excluding sheep), therefore the claimants would be willing to pay a quarter or one-sixth in rent.
This plan would raise 3 millions and 20,000l. a year, timber excluded; besides those who have inheritances should pay 1–20 value in rent for freedom from forest laws. The State's half would be sold at once, before the claims are determined.
As the former way of sending 4 surveyors and 2 officers in each set has led to much loss by their infidelity, gentlemen near should be commissioned to send an able artist who, with 2 countrymen at 12d. a day to carry the chains, could measure and rate the land, and set out highways and allotments to claimants; thus the work will be sooner done, and 20,000l. in surveyors' wages saved.
If there be any fear that this way shall not prove effectual, there might be a power in the Ordinance for leases not exceeding 21 years or 3 lives. It is to be considered whether the rate in the Act shall stand, which upon bare doubling, is too high for 14 years; but if the sale be for two-thirds public faith and one-third clear money, a sale at 14 years' [purchase] will pay 1,000l. debt on receipt of 500l. money, and so the 14 years to stand as in the Act. There are 40 forests, besides those excepted, to be disposed of; average value, 1,000l. a year each. [4 pages.]
April 4. Reference of the above proposals to the Treasury Commissioners, to speak with the Commissioners for improving forests, and report. [½ page.] Also I.75, p. 211.]
April 4. Council. Day's Proceedings.
1. The petition of Algernon Earl of Northumberland, Thomas Lord Coventry, and Philip Earl of Pembroke, referred to Lisle, Cooper, Wolsley, and Strickland, to report.
4. A bond entered into May 23, 1651, to the late Council of State by John Shalcross, of Shalcross, co. Derby, also by Nich. Higgenbotham and Anth. Leyborne, for Shalcross' appearance before Council when summoned, and doing nothing to the prejudice of the State, to be delivered up to Mr. Shalcross, to be cancelled.
6. An Ordinance appointing an oath to be administered to the Lords Chancellor, Keeper, and Commissioners of the Great Seal, read twice, and agreed to.
7. Pickering, Strickland, Montague, and Lambert to consider the Council's debate touching highways, to hear Sir Robert King therein, and report.
10. Order that no master of any college in either of the universities that has any benefice not annexed to his mastership shall have augmentation granted him. Approved 7 April.
11. The Lord President presented to the Protector the Ordinance appointing an oath to be administered to the Lords Chancellor, Keeper, and Commissioners of the Great Seal, to which these words were added, viz., the like oath for the Lord Chancellor and Lord Keeper mutatis mutandis, and the Ordinance was read and passed.
12. Resolved that Council approves Sec. Whitelock, Sir Thos. Widdrington, serjeant-at-law, and John Lisle to be Commissioners of the Great Seal.
13. By the Protector's command, Widdrington and Lisle were called in, when he declared that they, with Ambassador Whitelock, had been nominated Commissioners of the Great Seal, and delivered it to them, and they took the appointed oath.
14. Order that Cooper, Pickering, Wolsley, Lambert, Montague, Jones, and Desborow hear what the merchants have to offer concerning the late Excise Ordinance, and report. Cooper and Jones to tell them that Council will hear them next Thursday.
15, 16. Order that Cooper and Strickland be Commissioners to treat with the French Ambassador; and Lambert, Pickering, and Montague with the Spanish Ambassador. [I. 75, pp. 207–214.]
April 4. 7. Reasons presented to Council by Thos. Waring, on behalf of the poor of Lancashire, for liberty to bring in cotton wool from France, Holland, &c.
The dearth of wool is worse to them this year than that of bread 3 years since, and now there are not 5 bags of wool in all the merchants' hands in Lancashire for 20,000 poor in Lancashire, who are employed in manufacture of fustians. Mr. Seed and Mr. Winstanley, who reported 150 or 200 sacks of prize wool, that they might gain time to sell their own wool, now confess that it proved 20 or 30 bags, and the sale was prohibited. Unless cotton wool be brought much lower, the manufacture will revert to Hamburg, whence our cheaper making gained it, for they can buy the wool at 6d. or 7d., and we have to pay 18d. or 20d. Whilst we can have no supply but from the Straits, and that through the Turkey merchants, we cannot be supplied at such rates as will preserve our manufacture from ruin, as we cannot raise the price of our fustians on account of lower prices at Hamburg, viz. 16s. a piece, which we cannot afford under 20s., though they used to be 12s. or 13s.
We therefore beg a dispensation as regards wools from the Act, which enriches strangers and destroys the people of this nation. Such laws were better buried in oblivion than by a rigid observing, to bury alive the poor. [1 sheet.]
April 4.
Harwich.
8. Major N. Bourne to the Admiralty Committee. I have inquired into the assault committed by the steward of the Newcastle upon the lieutenant of the ship, about a prize taken, for which he was committed to prison, but bailed, and send his examination. The steward was the aggressor, and I doubt whether the captain's command is so well managed as it might be. Details of the case. It caused the frigate prize to lose the head and bowsprit, and will detain her here 14 days. The 2 prizes were taken, one by the Phœnix and one by the Newcastle, but the Phœnix sent out boats to seize both, and in trying to prevent this, the Newcastle's boat ran into the prize, and thus got injured. The master says what he did was by the captain's command.
There is a bad understanding between the captain and the lieutenant of the Newcastle, and the master's mate is such a vile fellow that I have ordered the captain to turn him on shore.
I have surveyed the new frigates at Woodbridge, and supplied all needs, and am now taking out the guns and provisions of the Newcastle, so as to repair the damage done to her head and bowsprit. [3½ pages.]
April 4.
Harwich.
9. Major N. Bourne to Robt. Blackborne. I have been too prolix in my statement to the Commissioners, but I hope sufficient will be gleaned to enable them to come to a resolution. I am sorry for the captain, but he is not to be excused, yet I would be tender of his livelihood. Tell me what is done about the French or Dutch, and forward the enclosure, as I left my wife very ill. I am going to Yarmouth about the new frigates. [1 page.]
April 5. Articles of the peace and union concluded between the Protector and the United Provinces of the Netherlands. [22 pages printed. Record Office Library, 498 F. Coll. of Acts. Vol. 2, No 85.]
April 5. 10. Petition of the officers and soldiers late under Maj. Thos. Shilburne and Capt. John Deverill to the Protector. We have served many years in co. Bucks and elsewhere under the County Committees, and now have the happiness to return home in hopes of a blessed peace; we expected our arrears, and applied to the County Committee, but they say they have neither money nor power to raise it. We hear that there is 500l. in the hands of the County Sequestration Committee, raised by sale of woods in Whaddon Forest, belonging to the late Duke of Buckingham, which was assigned by Parliament to Col. Whichcote, governor of Windsor Castle, and 100l. raised for carrying on the militia in the county, before the battle of Worcester. We beg an order for these moneys and any we discover in other hands, co. Bucks, towards our arrears as Whichcote needs no more of the money, and the militia is disbanded. With reference thereon to Council. [1 page.]
April 5. 11. Petition of John How, mayor, and others of the corporation of Guildford, Surrey, to the Protector and Council. By the Act of 26 June 1651, for making navigable the Wye running through our town into the Thames at Waybridge, liberty is granted to make wharfs for timber brought to or from Guildford. It was therein declared that we were the procurers of the said passage, and that it was chiefly for the good of our town, therefore we think the wharfs ought to be kept and maintained here.
But the undertakers are now obtaining much ground at Stoke next Guildford, not only for timber wharfs but for landing all goods quite out of the town, so that they will take the whole business to Stoke and other places, and impoverish us. We beg relief according to the tenor of the Act. 27 signatures. With reference to Council along with the petition of Major Pitson. [1 sheet.] Annexing,
11. i. Order in the Committee on the case for a sitting on Tuesday next, both sides to attend. 13 April 1654. [½ page.]
April 5. 12. Petition of Judith Hobson to the Protector. The Council of State on my petition granted me an order of 28 July 1653 to the Receiver General for payment of the sum ordered me by the Revenue Commissioners for my arrears, on which I received 5l. out of the 10l. due, but there now being a restraint, I beg an order to Capt. Fauconberg for the other 5l., having only the arrears of this annuity of 100l. to subsist on. With reference to Council. [1 page.]
April 5. 13. Petition of John Horte and Barnard Hopkins to the Protector, for a reference of their complaint to the Army Committee at Westminster. An assessment committee in co. Somerset rated Congersbury Rectory, which proved insolvent by desertion of the incumbent, and they therefore ordered the tax to be levied on those who had not paid their tithes; this we tried to collect, but Eliz. Irish, widow, refused to pay; we distrained, and sold a horse, offering her the overplus, which she refused, sued us at law, and obtained a verdict at the last county assizes for 9l. and 40s. costs. We did nothing contrary to the Act of Parliament, yet execution will be had against us, being poor men, next term. [¾ page.]
April 5. Order thereon in Council referring the case to the Army Committee. [I. 75, p. 215.]
April 5. Council. Day's Proceedings.
1. Order that the supernumeraries lately raised and added to the 5 companies of Sir Wm. Constable's regiment of foot to march into Scotland be continued until further notice, and that the Army Committee issue warrants for their payment.
2. Pickering, Wolsley, and Jones to call to their help such persons as they think fit, and to prepare and bring in a draft of an Ordinance for ejecting scandalous ministers.
3. Also to consider of the present debate how to avoid the inconvenience of maintaining the ministers by receiving tithes, and how the same may by degrees be put into some other effectual way, without impairing the maintenance, and to report. Skippon and Montague added to the Committee.
4. Cooper, Mackworth, and Mr. Secretary to withdraw and prepare an Ordinance for adjourning the next term.
6. The report on the petition of Rich. Bingest to be made by its Committee to-morrow.
7. An Ordinance for adjourning part of Easter Term twice read, amended, and passed, but stayed.
8. Order that Geo. Payler, ordnance officer, be empowered to act as a Navy Commissioner, and receive for acting in both capacities the same salary as the other Navy Commissioners.
9. A paper of instructions to Gen. Monck, commander of the forces in Scotland, read, amended, agreed, and passed by his Highness and Council.
10. Order on a paper containing the desires of the officers of the army in Scotland, on behalf of the forces there, that in the next army establishment, addition be made of pay for governors of garrisons, and of a fit allowance of candles and fire.
11. The garrisons of the Isles of Lewis and Mull, in Scotland, to be relieved out of the north of Ireland.
12. 500 tents to be provided, and 500 more of the tents formerly bought to be inquired after, and sent with them for the forces in Scotland.
13. The Commissioners for the Administration of Justice in Scotland empowered to determine according to law to whom the dogger boats, sold by Col. Ashfield and Maj. Pepper at Aberdeen, as also the vessel taken at Dundee and sold by the officers in Sept. 1651, belong, and to take order for their disposal accordingly.
14. The proposal for putting the forces of Scotland upon one foot of account in point of pay to be considered at the passing of the next army establishment.
15. The forces in Scotland to be relieved by those resident in England, that the duty may be equally done in both nations.
16. To consider, on the passing of the next army establishment, that in case some forces be appointed to continue in Scotland without being relieved, the like encouragement may be given to such as was given to the forces in Ireland.
17. Ten ships to be appointed for the coast of Scotland, with instructions to the commanders to observe such orders as the commander in chief there shall send; those ships that lie from Shetland to Berwick, to revictual at Newcastle, and those in the Western seas at Liverpool. The Admiralty Commissioners to give orders accordingly.
18. The chaplain residing with the Commander-in-chief to have the same allowance as a regimental chaplain in Scotland, which the Commander-in-chief is hereby authorised to allow.
19. The Commander-in-chief to be authorised to allow a secretary 10s. and a clerk 5s. a day, for dispatch of business.
20. The Protector will take order that convenient forces be quartered in the north of Ireland for assistance of the forces in the west of Scotland.
21. The Commissioners for Administration of Justice in Scotland authorised, until further orders, to moderate the decrees given out by them, as in cases where the debtors cannot procure money to pay their debts, to allow some considerable time for payment with interest, or to compel the creditors to take land at a competent rate, for satisfaction of the same.
22. The Treasurers of Scotland to pay off no forces in Scotland upon the disbanding or removal, till they have first discounted for all the provisions they can justly be charged with by the Commissaries in Scotland. [I. 75, pp. 214–17.]
April 5. 14. Dr. Jo. Godolphin to Wm. Jessop. In the list of plunders which we send to Council, as done by those in the service, was one by Capt. Mills. I also sent you a certificate from the Prize SubCommissioner of Plymouth of his innocency of the charge. If you can use it in Council for Mills' indemnity, keep it; if not, return it me. P.S. The judges want to know the progress of the Commissioners for Inspection, as to a report about their salaries. [1 page.]
April 5.
Little Britain.
15. Commissioners for Sick and Wounded to the Admiralty Committee. We find no orders to pay 3l. to Jno. Major of the Leopard, and 2l. to Jas. Stevens of the Sampson. We sent Major's case to the Navy Committee to examine, but they returned it without reply: not having the books, and matters of gratuity for losses not being within our province, we cannot discover any intention of fraud, but we will pay anything you order. [1 page.] Annexing,
15. i. Petition of John Major for relief. Lost his clothes, worth 25l., whilst fighting the Hollander in Leghorn; and his journey home cost him 7l. [1 page, damaged.]
15. ii. Petition of Jas. Stevens for payment for the loss of his clothes in fight with the Dutch. Noted in shorthand; 2l. given already. [½ page.]
15. iii. Certificate by Capt. Edm. Seaman and John Garrard to Stevens' service and losses. [2/3 page.]
April 6. 16. Petition of Col. Wm. Jephson to the Protector. Has suffered as much as any for adherence to Parliament. Has had 2 orders of Parliament on Haberdashers' Hall Commissioners for his pay and also for debts he contracted in the service, to pay which he has had to sell lands, but 973l. 7s. 10d. still remains unpaid, and these Commissioners are now disabled from issuing money. Begs order for this debt, and for his arrears for service in England or Ireland, out of rebel lands in Ireland or otherwise. With reference thereon to Council, 29 March 1654. [1 page.]
April 6. Reference thereon by Council to Major-Gen. Lambert, Sir Ant. Ashley Cooper, and Mr. Strickland, to report. [I. 75, p. 219.]
April 6. 17. Petition of Edw. Keeling, merchant of London, to the Protector, for relief in the present treaty with Holland. Committed an estate worth 2,251l. 19s. 4d., to Owen Powell, merchant in Rotterdam, who entrusted it to Cornelius Hartisfeild, magistrate of the town; but during the war, the states of Holland seized it. Without remedy cannot pay his debts and subsist. With reference thereon to Council, 29 March 1654. [1 page.]
April 6. Order in Council that the petition be laid aside. [I. 75, p. 220.]
[April 6.] 18, 18a. Petition of Capt. John Hume, for himself and his father, Alex. Hume, of Kello, to the Protector. James, late Earl of Hume, granted my father an annuity of 22l. for life, for services done at great hazard and expense, but by his death, my father has been deprived of his annuity 22 years; and though he went to law for it before the Lords of Session, and had a sentence in his favour, the present Earl, by his power and influence, and by a false objection, obtained discharge from the annuity. I appealed, the annuity being the chief support of our families. Col. Lockhart, one of the judges, and a commissioner in the case, can prove that the two principal witnesses contradicted each other. We beg you to have the whole case heard, and to summon the Earl without delay, or at least to command the former judges to admit me to prove my case. With reference thereon to Commissary Gen. Whalley, Col. Goffe, and Scoutmaster Downing, to report; their report, 28 March 1654, that there should be a review, but as the petition appeals from the Court of Justice in Scotland to the supreme authority, it should be referred to Council; and further reference by the Protector, 29 March 1654 to Council. [2 papers. The first reference is holograph, both signed.] Annexing,
18. i. Statement of proceedings in the Court of Justice at Edinburgh on the case. On Hume's appeal, the defence of James Earl of Hume was, that his father was insane at the time of making the deed in question; but the petitioner pleads that the madness is not proved, and that the statements of the witnesses contradict each other, and registers an appeal. 16 July 1653. [1 sheet.]
[April 6.] 19. Like petition to the Protector, to similar effect. [1 page.]
April 6. Reference thereon by Council to Major-Gens. Lambert and Skippon, and Col. Mackworth. [I. 75, p 221.]
April 6. 20. Petition of Alexander Howe, merchant, for a protection for his ship, the Union, laden in the river and bound for Barbadoes, but she cannot proceed because her officers and men are daily pressed away. [½ page.]
April 6. Noted as read in Council, and laid aside. [I. 75, p. 221.]
April 6. 21. Petition of Wm. King, for the poor yet well-affected inhabitants of Coventry and its suburbs, to the Protector. By order of the late Committee of Safety, divers houses in the suburbs were pulled down and trenches dug in the grounds, to the loss of all and ruin of some of us. After long attendance on the late Parliament, we obtained an order for 2,000l. out of delinquents' estates, towards our losses, which was paid to Thos. Bassnett, then treasurer for Coventry, but not by him disposed of towards our losses; and King, the greatest sufferer is in danger of ruin. We beg an order to the able inhabitants of the city, who were secured by our losses, to contribute to our relief. 49 signatures. With reference thereon to Council, 31 March 1654. [1 sheet] Annexing,
21. i. Petition of the mayor, bailiffs, divers companies, and others of Coventry, to the Committee on losses of cities, and towns in time of war. On the great fear and danger upon the taking of Bristol, and besieging of Gloucester, we had their houses pulled down and grounds dug up, with consent of the Committee of Safety for co. Warwick and Coventry. We send particulars of our losses, and beg reparation from the estates of 10 papists and delinquents named. With order, 19 April 1648, for payment of 2,000l. from the estates of Ant. Dormer, Sir Rob. Throckmorton, Sir Wm. Andrews, Bart., and Mr. Knightley, of Orchardsbury, papists in arms. [1 page.]
21. ii. Certificate of Thos. Love, mayor, and the aldermen and Committee for Coventry, to the said Committee for losses, that the corporation has sustained the loss of 1,605l., and other freeholders and inhabitants 1,879l. 4s. 6d., by demolitions for ditches and fortifications. 21 March 1647–8. 15 signatures. [Copy, 1 page.]
21. iii. Particulars of the individual losses sustained; total, 3,484l. 4s. 6d. Signed by Thos. Sargentson, sheriff, and 7 others. [22/3 pages.]
April 6. Order thereon that the petition be laid aside, and the parties left to make application to Parliament if there be cause. [I. 75, p. 221.]
[April 6.] 22. Petition of Capt. Dan. Henchman, agent for Col. John Hewson's regiment to the Protector. Before it was known what regiment should go with you to Ireland, the Army officers engaged at a general council that whoever went should be paid their arrears before the discharge of any who remained in England, and this was confirmed by Parliament.
By this the regiment was much encouraged, and 1,200 officers and soldiers landed under you in Dublin. They employed me to procure their arrears of 14,000l., but I could only get 5,000l.; therefore several have been obliged to sell their arrears at very low rates, so that the balance is only 1,600l., but for this I cannot procure satisfaction. I also petitioned the Council of State for 43l. 1s. 4¾d., half a year's rent of Peak manor, co. Derby, due to the regiment, but by mistake of the receiver, it was paid into the State treasury, and Council on 9 Dec. last ordered its repayment. I beg an order for this rent, and for the 1,600l., or else for it to be set out in lands in Ireland in the counties of Dublin or Kildare hitherto excepted, as the rest will not exceed in value the debts charged upon them for soldiers' debentures. With reference thereon to Vincent Gookin, Major Edw. Horsman, and Jervis Bennett, 20 Feb. 1653–4; their report that the sum due to the several companies specified in Col. Hewson's regiment is 1,421l. 6s. 4½d., and that they should receive it from rebels' lands in cos. Dublin, Kildare, Caterlow, or Cork, and also have the 43l. 1s. 4¾d., High Peak rent, 12 March, 1653–4, and a further reference to Council, 29 March, 1664. [2 papers.] Annexing,
22. i. Order in Parliament for the first payment of arrears since 1645 to be made to such as undertake service for Ireland, provided former engagements to supernumeraries be not infringed thereby. 11 April 1649. [1 page.]
April 6. Reference in Council thereon to the Committee to whom the petition of the adventurers for Irish lands is committed, to report. [I. 75, p. 221.] Annexing,
23. i., ii. Report of the said Committee confirmatory of the above report, 19 April, 1654. [2 papers.]
April 6. 24. Petition of Chris. Nicolson and Rob. Ellison, merchants of Newcastle-upon-Tyne, to the Protector. In August 1652 we had 2 ships laden with pitch, tar, and timber, who, hearing of the war between England and Holland, put into the King of Denmark's harbours of Elsinore and Malstean, within command of the castle and fort, but a Holland caper took them thence, contrary to the law of nations, and the King would not have permitted it unless there had been some compact between him and the Hollanders. Our factor was told that the King was to have satisfaction for the two ships, and we beg that we may be satisfied, as other merchants in like cases have been. With reference thereon to Council, 29 March 1654. [1 sheet.] Annexing,
24. i. Particulars of the losses in the said 2 ships, total, 1,673l. [¾ page.]
April 6. Order in Council that the petition be laid aside. [I. 75, p. 222.]
April 6. 25. Petition of Sam. Vassel to the Protector. I endured imprisonments and loss of goods value 15,000l. for resisting ship money, coat and conduct money, and other illegal taxes of the late King, living in hopes of a Parliament in which I should be relieved. The late Parliament referred my case to a Committee, on whose report they voted me 10,445l. 12s. 2d. damages, and promised further consideration for my imprisonments, suits at law, &c., but I could never get a penny of this money, nor of the sums I lent the Parliament in Ireland. I have waited 5 years on Parliament, and now that you have the supreme power, I appeal to you. If I cannot be paid out of the public treasury, I beg leave to bring in as many French wines as will pay my debt out of the Customs and Excise; or leave to ship coals or lead enough to pay me; or to have as much forest land as will satisfy me, or any other way of payment you think fit.
With notes of the Parliament orders in the case, 1647, and of sums due to him for hire of the Mayflower and 2 other ships, and 2,591l. 17s. 6d. lent the Parliament in Ireland for provisions sent to Lord Inchiquin, making a total, including his grant from Parliament, of 20,202l. 7s. 3d. [1 sheet.]
April 6. Order in Council that the petition be reserved and recommended to the next Parliament. [I. 75, p. 222.]
April 6. Council. Day's Proceedings.
1. Order on report of the account of Nich. Bond for entertainment of M. de Bourdeaux, the French Ambassador, that the auditors for imprest examine the account, on the balance whereof the disbursements exceed the 300l. received by 57l. 11s. 4¼d., and report.
3. Nich. Bond to pay 5l. to persons who attend the Ambassador by appointment of Sir Abraham Willins, being part of the said 57l. 11s. 4¼d.
4. Also to pay to persons named in a paper presented, being servants attending the Ambassador, the respective sums mentioned, amounting to 40l. 3s. 6d., being also part of the 57l. 11s. 4¼d.
7. Order on petition of Capt. John Farmer, that the Army Committee state his accounts for arrears due for service in Col. Okey's regiment within the model late under Lord Fairfax. Also that the Commissioners for Accounts at Worcester House state his accounts for services preceding the said model, and report to the Army Committee, who are to give forth debentures for the whole.
8. Order on report on the petition of Mat. Lock and Jas. Chetwind, late clerks of the Irish and Scotch Committee [see 31 March suprà], that 73l. 10s. be allowed to Lock, and 37l. 10s. to Chetwind, for arrears of salary for ¾ year, and 20l. to Wm. Rous, to be paid from moneys in Capt. Hatsell's hands, for provisions sent to Jersey. Approved 7 April. Annexing,
26. i. Report on which the above order is grounded. [1 page.]
9, 12. The Ordinance for adjourning part of Easter term read, and after some amendments, passed by his Highness and Council, and ordered to be printed, published, and sent to the sheriffs, with a letter for its proclamation. The form of the said letter agreed on.
10. An Ordinance for further doubling upon the sale of the remainder of Deans and Chapters' lands committed to the Committee to whom the former Ordinance was referred.
11. Mackworth, Cooper, Jones, Strickland, Lambert, and Skippon to be a Committee to consider the 3 drafts of Ordinances sent by Mr. Recorder to Secretary Thurloe, and to send for and advise with whom they please thereon.
13. Lord Lisle to be one of the Commissioners to treat with the French Ambassador instead of the Lord President.
14. Gen. Monk to consider Col. Roseworme who is to go with him to Scotland, and allow him out of the contingencies for Scotland what he approves, above what he has from the Council's contingencies.
15. 26a. Order on report from the Army Committee on the petition of Capt. Robt. Swanley, late commander of the Henry Bonadventure,—employed by the State and certified to have suffered by the Governor of the port of Trapana, in Sicily, under the power of Spain (after promise of safety) and to have been surprised with the Peter, her prize, by 7 Dutch men-of-war under command of young Tromp, to the damage of 63,000l.,—that the first part of the report, concerning the demand of satisfaction from the Spaniards and issuing letters of reprisal, if desired, be referred to the Commissioners appointed to treat with the Spanish Ambassador; and the second part, concerning the auditing and stating of Capt. Swanley's accounts, for wages of himself and company, to the Admiralty Commissioners.
16. Strickland, Mackworth, and Cooper to consider a report from the Commissioners of Articles, concerning the salaries due to clerks and officers attending that Court, and to report.
19. Cooper and Strickland added to the Committee on the petition of Mr. Ivy and his wife.
20. Order on report of 31 March 1654, concerning Nath. Marks, merchant (who is charged with uttering false coins in Ireland),—that he should be discharged, the papers and certificates not being sufficient evidence,—that Marks and his bail be discharged accordingly. Approved 7 April.
22. The petition of Wm. Dawgs, concerning an estate of 300l. a year concealed from the commonwealth, referred to the Treasury Committee, to hear the petition, and report.
23. The petition and papers of Capt. Rich. White referred to the Admiralty Commissioners, to report.
24. That of Robert Earl of Ancram and Ann his wife committed to Strickland, Cooper, and Mackworth, to report.
26. Order on petition of John King that he receive fit employment under Council at the first opportunity.
27. The petition of Susan Bowen for a pension referred to Lambert, Jones, Cooper, Mackworth, Lisle, and Strickland, to report.
30. That of Tracy Pauncefoot for restitution to the office of registrar under the Judges for Probate of Wills laid aside.
32. Also that of James Freeze, Wm. Baker, and Adam Walker.
33. That of John Brograne referred to Lisle, Mackworth, and Strickland, to prepare an Ordinance for his relief, and report.
36. The Commissioners of Customs to suffer 6 pieces of French wine, the remainder of 10 pieces shipped in the St. Nicholas of London, by Chas. Bayree, to be landed by the persons to whom they are consigned, free from seizure, on paying customs and excise. Annexing.
27. i. Certificate thereon by the Customs' Commissioners [see 30 March, suprà] that 4 of the 10 casks are for the Protector and the remainder are sent as presents by M. de Montigny, governor of Dieppe, to his agent, John Houblon, Lord Montague, Lord Downes, Mr. Thurloe, and Peter Barr, which they are requested to permit to land on payment of customs, but being prohibited, dare not do it without an order. 3 April 1654. [1 page.]
41. 28. Order that as Sir Thos. Hartopp, and Maj. Edw. Horsman were chosen arbitrators between the inhabitants of Hamilton and Col. Thos. Waite, the said arbitrators, by consent of both parties, proceed according to the former reference; and if they do not agree, Wm. Sheild of Preston, co. Rutland, is to be umpire, and finish the whole business in 18 days.
42. Order on report touching the Savoy and Ely House, that the Excise Commissioners pay the Treasurers for sick and maimed soldiers all such moneys as,—being charged by authority of Parliament upon the Excise Treasury for their relief, and that of soldiers' widows and orphans,—are in arrear, and continue payment in future, any former restraint notwithstanding. Approved 12 April
43. Order on report by Mr. Jessop, Clerk of Council, who was to examine Wm. Dolton's proceedings about the 2 children left at Whitehall, and their disposal, that he be allowed 5l. out of Council's contingencies, and a warrant be issued to Frost accordingly. [I. 75, pp. 217–224.]
April 6.
Whitehall.
Council to [the sheriffs of counties]. You will receive herewith an Ordinance for adjourning part of Easter Term next coming, which you are to have proclaimed in all the usual places within your jurisdiction. [I. 75, p. 224.]
April 6. Instructions to General Monk Commander-in-Chief of the Forces in Scotland:—
You are to repair quickly to Scotland, and learn the state of that country, particularly the Highlands, and the best way of reducing them, and to report from time to time.
April 6. To promote the preaching of the Gospel and true religion, and to see that ministers who are qualified for their office receive their maintenance, and due protection and countenance.
To suspend any magistrates, sheriffs, or officers found incapable, to secure any dangerous, and to certify us.
To administer any oath to any person whatsoever.
To arrest and confine any opposing the Government, and to release them as you see cause.
To protect any in arms in Scotland, and grant them fit pardons (except those who are or shall be excepted from any Ordinance of grace to the people of Scotland); to make declarations and proclamations to that effect, and to assign days for such persons to come in, provided they do not extend to any having land to the value of 400l. a year, or property of 4,000l.; and to send forth any other proclamations you judge necessary.
To erect such forts as you think necessary for the security of the nation.
To reward those who bring in persons whose names are published by you for that end, and those employed to gain intelligence.
To use any printing presses for printing and publishing anything you think fit, and to prohibit their use when and where you see cause.
To charge the receipt of customs in Scotland for payment of salaries to the judges, commissioners for sequestration, and other officers, and the charges of administration of justice; the overplus of the customs, and also the moneys arising by assessments and sequestration are to be for contingencies, except so much as shall be charged monthly by the Army Committee, towards the pay of the forces in Scotland.
In case any robbery be committed and the actors escape to the enemy, you are to cause the shire wherein the act was committed to make full satisfaction; and in case of murder, to impose on the shire such fine as you think fit.
To entertain into the service of the Commonwealth, if you find it advantageous, by retrenchment of your present number, one regiment of Highlanders not exceeding 600, beside officers.
As it appears that many in Scotland encourage their friends and kindred to go in to the rebels in the Highlands with horses, money, victuals, or arms, to the prejudice of the Commonwealth, you are to impose on any so offending the like proportion of horsemen, arms, and money as was sent to the enemy, viz., for every horse 1s. 6d. a day; for a man 12d.; and for arms, money, and victuals proportionably; and in case full proofs be wanting of the encouragers of such persons as went to the hills, you are to charge this proportion on the parish where they lived 2 months before their going, provided the imposition remain no longer than until the persons, horse, and arms be delivered to you, or by your permission be returned to your quarters. All moneys so raised to be given in to the Treasury of Scotland.
You shall not give leave to any officer to be wanting from his charge above 3 months at most, except by special order from us, or the major-general of the army, and no commissary of muster shall pass any in the muster after 3 months' absence.
You shall not give leave to above 2 of the colonels, one lieut.colonel, and 2 majors, nor above 1 captain of a regiment of horse, and 2 captains of a regiment of foot to be absent at the same time.
On apprehension of any Englishman who shall be proved to have been in arms with the enemy in the Highlands, you are to cause him to be put to death.
You are to transport to foreign English plantations such of the enemies now in arms in the Highlands as shall be in your power, when and how you choose. [I. 75, pp. 225–26.]
April 6 ? 29. Report on the petition of Rachael, widow of William McAdam, alias Moore,—that her husband laded 3 chests of sugar aboard Capt. Wilkes, who put them into the Custom house, Lisbon, that Geo. Wheeler got them out by counterfeiting Wilkes' hand; that she entered an action in the Sheriffs' court against Wheeler, but the hearing was prevented by an order of 2 Dec. 1653, clearing him of the suit under the name of Devilla, as being one of the Portugal ambassador's family, and that he has changed his name to Wheeler, but is the same man that took the sugar;—that the petition be sent to the Ambassador, and he asked whether Wheeler be his servant, and whether he knows of the transaction. [2/3 page.]
April 7. Council. Day's Proceedings.
2. Col. Mackworth reports from the Committee on the petition concerning planting English tobacco a report from the Committee of assistance to the Committee for Treasures, which was read.
3. He also reports an Ordinance impowering Commissioners to execute the Act prohibiting planting tobacco in England, which was read twice, the names of Commissioners inserted, and agreed to.
4. Col. Jones reports from the Committee on the Protector's revenue, an Ordinance for charging 100,000l. a year on the receipt of the Customs, which was agreed to.
5. Order on a letter of Dr. Love, Master of Corpus Christi College, Cambridge, to the Protector, that Fauconbridge pay him the money in arrears for his augmentation, and continue to do so in future, any order of restraint notwithstanding. Approved 7 April.
6. Like order to pay Dr. Francis Glyssen, Professor of Physick in the University of Cambridge, all moneys in arrears for his fee. Approved 7 April.
7. On the Council's rising to day, their sittings to be adjourned till next Thursday morning.
8. Order on report from the Committee for Preservation of Customs, on the petition of Wm. Pym and Nath. Manton, for the Morlaix merchants, that 100l. be paid to Pym in full of disbursements for the poor English mariners at Morlaix and St. Malo, and 500l. to Manton, on what has been so expended by the English merchants at Morlaix, to be paid out of the Algiers duty. Approved 7 April. Annexing,
i. 30. Report alluded to, stating that Pym is willing to accept 100l. in lieu of 150l. 9s. which he has disbursed, and Marston 500l. in lieu of 800l. disbursed by merchants at Morlaix. Inner Court of Wards, Westminster. 31 March 1654. [1 page.]
9. Order on report from the Committee for Preservation of Customs,—that 80 English mariners have been set on shore at Brest, who must serve the enemy or perish without speedy relief,—that the said Committee relieve and bring home these and such others as fall into like condition in future. Approved 7 April.
11. Order on information that Anna Trapnell, gone hence into Cornwall, does as she formerly did in those parts, asperse the Government, that Capt. Fox, dep.-governor of Pendennis Castle, apprehend and send her to Major Sanders, commander of the fort at Plymouth, to be sent up to Council.
12. Col. Jones added to the Committee on the Earl of Northumberland's petition.
13. Approval by the Protector of 11 Ordinances, 31 March to 7 April.
15. The restraint laid by the late Council of State on Constant Jessop of Wimborne, co. Dorset, from repairing to Bristol, taken off.
16. The Court of Sessions in the Old Bailey to proceed with Wm. Mettam according to law, and if they find him bailable, to act accordingly.
17. Order that as 20,000l. is to be paid by order of 3 April, by Col. John Barkstead to the Treasurers-at-war, for the forces in Scotland, and as the Committee for Inspections have given warrant to Ald. Allen and the Excise Commissioners to pay 8,000l. for the said forces, the Army Committee order the said 28,000l., and also 12,000l. of the moneys in their hands for the said forces, to be sent to Leith in a ship to be appointed by the Admiralty Committee, for the forces, incident charges, fortifications, &c.
18. Order that the Treasurers-at-war issue the 20,000l. and 8,000l. for the said purposes. [I. 75, pp. 227–231.]
April 9.
Rye.
31. Capt. Abr. Algate to the Admiralty Committee. I received Rob. Rich and his servants on board the Drake, and embarked for the second time at Dover on the 5th, and landed him on the 6th at Dieppe. He acquainted the Earl of Bolingbroke and Lord Mandeville of our attendance upon them by your order, and next day they with their servants came on board, and were all put on shore at Rye this day, Sunday. [1 page.]
April 7. Warrant for searching Mr. John Roger Minister, house and seize his papers. etc.
April 10. Council. Day's Proceedings.
1. The Ordinance for adjourning Easter Term from Quindena Paschœ to Crastino Ascensionis twice read, and being presented to and approved by the Protector, ordered to be published.
2. The Lords Commissioners of the Great Seal to issue writs to the respective sheriffs for proclaiming this Ordinance, and those prohibiting cock matches, and for better repairing highways. [I. 75, p. 230.]
[April 10.] 32, 32a. Petition of John Bennett, commander of the Defence, to the Committee for Navy and Customs. On your verbal order, I took up provisions last November at Rotterdam of Mr. Johnson, merchant there, for my ship, value 65l. The money is charged on you by bill of exchange, and set over to Dan. Tanner, merchant of London, who has arrested me for it, and the trial is to be on Thursday. I beg stay of proceedings, and an order for speedy payment. With reference to the Navy Commissioners, to make out a bill for the overplus, if the vessel has been out longer than she was victualled for by the State; and if the account cannot be speedily made, to advance the captain 65l. on account. 13 Jan. 1651–2 orders by the Navy Committee for the said imprest, 14 and 21 Jan. 1651–2; and renewed order, 10 April 1654, for its payment to Capt. John Cox for Capt. Rich. Badiley, part owner of the Defence, who is bound in 500l. for the faithful account of Horatio Beverley, steward of the ship. [1 page damaged and cancelled. 2 papers.]
April 11. Ordinance by the Protector and Council empowering Sir Wm. Roberts and 5 others [being the Commissioners for appeals in Excise] to execute the Act of 1 April 1651, prohibiting the planting of tobacco in England, on account of the great prejudice arising thereby to the English plantations in foreign parts. [Excise Coll., pp. 131–32, Vol. 98, June 1655.]
April 11. 33. Petition of Mary Cooke, widow, to the Protector. Obtained the report annexed on her petition, but no power in England less than his can give her relief. Begs that from a sense of her husband's eminent affection to the public, she and the orphans, her husband's brothers, may receive the benefit of their father's adventures. With reference to Council, Feb. 1653–4. [¾ page.] Annexing,
33. i. Report of the Committee of Parliament for the affairs of Ireland, on petition of Mary, widow of Edw. Cooke, M.D., son and executor of Edw. Cooke, apothecary,—setting forth that hellent 1,700l. on the public faith, adventured 675l. on the Act of 17 Charles, for reducing the Irish rebels to obedience, and subscribed 168l. 15s. more on the Act of 14 July 1643, to encourage adventurers to make new subscriptions for towns, &c. in Ireland, of which he paid 2/3, but the time for payment of the other ⅓, 56l. 5s. elapsed owing to his death, and she now begs an order to pay it in, and have lands set out therefor,—that Ald. Thos. Andrews should be empowered to receive the money, and grant her the benefit of the adventure. 5 Sept. 1653. Endorsed with notes that the sum to be allowed in land for 281l. 15s. which would arise if the petition were granted is 450l., but that the true value of the advance money of 168l. 15s., at the rate at which bills are sold, is only 84l. 7s. 6d., which would be all the benefit the orphans would receive. [1¾ pages.]
April 11. Reference thereon to Col. Jones, Sir Ant. Ashley Cooper, and Mr. Strickland. [I. 75, p. 233.]
April 11. Council. Day's Proceedings.
2. The Ordinance for executing the Act prohibiting the planting of tobacco in England ordered to be printed and published, the Protector's consent being received.
4. An Ordinance for the highways for this year 1654 read, and agreed to.
8. 34. Order on report touching the purchase of Sir John Wolstenholme's House as an office for the Navy Commissioners, and on a letter from the said, Commissioners, certifying that they had contracted for it at 2,400l. to be paid on the last of the month, and the house delivered over;—that the Admiralty Commissioners issue a warrant to the Navy Commissioners to make out a bill to the Navy Treasurers for payment. Approved 12 April.
9. Lambert, Mackworth, Skippon, and Jones to confer with fit persons of the city concerning an estimate from the Lord Mayor of the charge of supporting the ruinous parts of Paul's, and the disposing of the said church for the best safety of the city, and to report.
10. The petition of the Lord Mayor and aldermen of London, concerning the reduction of the number of coaches and coachmen, referred to Lambert, Cooper, Mackworth, and Jones, to report.
11. Gen. Monck to be empowered to pay 40l. out of the contingencies of Scotland to Col. Roseworme, as advance towards his journey to Scotland.
12. The Committee on Col. Roseworme's petition to prepare and offer to Council to-morrow the draft of an order for satisfying his arrears out of such discoveries as he shall make.
14, 15. Order on a letter from the Portuguese Ambassador about Wm. Metham, that Serjeant Steele, Recorder of London, certify to Council what proceedings were had by the Court of Sessions in the Old Bailey concerning Metham, in pursuance of the order of Friday last.
16. Order on a report from the Treasury Commissioners, that 500l. be paid to John Embree, for the repair and fitting of Whitehall, out of the monies on the Ordinance for probate of wills, and that a warrant be issued to the treasurer, Lieut.-Col. Rich. Sankey. Approved 12 April. Annexing,
35. i. Report on which the said order is founded. 4 April 1654. [2/3 page.]
17. The report from the Commissioners for Accounts and Debts concerning John Reading referred to Strickland, Mackworth, and Jones, to report.
18. The Scotch Committee to consider the best way to execute the resolves of April 5, in answer to the desires of the officers in Scotland.
20. The table of fees touching probate of wills and granting administrations to be continued till further order; Lieut.-Col. Rich. Sankey appointed keeper of the seal and treasurer of the profits.
21. The judges for probate of wills, to appoint two of themselves to take account of the fees received in that Court, and to consider the certificate concerning the said accounts of 7 Oct. 1653, and to take care that any overplus arising from whatever cause be duly accounted for; they are empowered to examine witnesses on oath touching the premises, to cause the moneys they shall find due to be paid, and to allow incident charges. The judges may settle or reduce the number of clerks and officers in the Court, and may imprison any who wilfully disobey its orders. Approved 12 April. [I. 75, p. 232–236.]
April 11.
Whitehall.
Pres. Lawrence to Major Wm. Butler and John Mansell, justices of peace for co. Northampton. The Protector and Council having received information concerning words spoken against the Protector by Thos. Cockett, shoemaker, and John Allen, junior, husbandman, both of Dingley, co. Northampton, we have referred the matter to you to examine both parties and report; if necessary you are to bind them over to appear before Council. Enclosed is the original information. [I. 75, p. 236.]
April 11.
Whitehall.
Pres. Lawrence to Capt. Fox, Deputy Governor of Pendennis Castle, Plymouth. Council having received information touching Anna Trapnell in Cornwall, we have enclosed this order, your part of which you are to execute quickly. [I. 75, p. 237.]
April 11.
Whitehall.
Pres. Lawrence to Major Sanders at Plymouth. Council having directed Capt. Fox to apprehend Anna Trapnell, and deliver her to you, you are to send her to Portsmouth, to be there disposed of as the enclosed order directs. [I. 75, p. 237.]
April 11.
Whitehall.
Pres. Lawrence to the Governor of Portsmouth. Council having ordered Anna Trapnell to be delivered into your charge at Portsmouth, you are to dispose of her as the enclosed order directs. [I. 75, p. 237.]
April 12. Council. Day's Proceedings.
1. Approval by the Protector of 6 orders, 6–11 April.
2. The petition of Capt. Rich. Moyse referred to Col. Goffe, Lieut.-Col. Worsley, Major Packer, and Capt. Gladman, to report.
3. An Ordinance to be prepared for settling on Mr. Heynes so much land in Scotland as may answer the 100l. a year granted him by the late Council of State
4. An additional Ordinance for the Excise referred to the Committee on the former Ordinance.
5. Whereas by order of 17 Feb. last the profits of clerks of the peace of co. Lancaster were sequestered into the hands of Lieut.-Col. Worsley, and he was to appoint fit persons for the office, but Jos. Rigby refuses to give up the books, and thus defeats the intent of the order, Rigby is to be summoned before Council to answer his contempt.
6. An Ordinance of grace and pardon for the people of Scotland was read the third time, and—after a clause added for 400l. a year to be settled on the widow of William Duke of Hamilton for life, and then to be equally divided among their 4 daughters, and the blanks filled up—agreed to, and passed. Annexing,
36. i. Full report of the Committee for removing obstructions, on a reference of 11 Jan. 1653–4, on the respective claims of the Duchess of Hamilton and Lieut.-Gen. Monk to the barony of Keneel, Scotland. [112/3 pp.]
36. ii. Report of a Committee of Council on the above that Monk's interest therein should remain undisturbed, the settlement in 1649 being after Duke Hamilton's invasion of England, whereby his estate in the barony became confiscate. Yet, as the duchess' father paid with her 16,000l., which was spent in paying Duke James's debts whereof the State has now the benefit, the duchess should have lands in Scotland value 400l. a year, to be divided among her daughters after her death. It cannot be charged on Duke James's estate, lest the grant to his daughters be infringed, but must be settled elsewhere. [1½ pp.]
7. The Ordinance for uniting Scotland into one commonwealth with England read the second time, the blanks therein filled up at the table, and passed by the Protector.
8. An Ordinance for erecting Courts Baron in Scotland read a third time, passed by his Highness, and both ordered to be printed and published.
9. Also an Ordinance for settling several estates in Scotland in trustees, to the uses therein mentioned.
10. Also an Ordinance consented to by his Highness, touching surveyors of highways. [I. 75, pp. 238–239.]
April 12. 37. Ordinance for uniting England and Scotland into one commonwealth. His Highness—considering how this union, after these unhappy wars, would tend to the glory of God and peace of the nation, and that in December 1651, Parliament sent commissioners to the people of Scotland to invite it, who by elected deputies consented to it,—ordains by advice of Council that all the people of Scotland and the Orkney and Shetland Isles be constituted into one commonwealth with England, and that in every Parliament 30 persons serve for Scotland.
That they be all discharged of any allegiance pretended to be due to Charles Stuart, and that he, James Stuart, called Duke of York, and all issue or claimants under the late King be disabled from holding the crown of Scotland.
All kingly offices, and right of the 3 estates in Scotland to assemble is taken away.
The St. Andrews' Cross of Scotland, is to be received into the arms of this commonwealth, and all official seals in Scotland to carry the arms of this commonwealth.
All goods to pass custom free between the 2 countries, and all prohibitions of imports and exports in England to hold good in Scotland.
All taxes to be borne henceforth proportionably by the whole people of the united commonwealth.
To abolish vassalage in Scotland, all owners of land are to hold them by deed, charter, patent, or enfeoffement, to be renewed on the death of the heritor, by rent only, without other duty save heriots, fines not to exceed one year's value, and doing the service appointed by an Ordinance for erecting Courts Baron in Scotland.
The heritors are discharged from appearing in their lords' superior courts of justiciary, regality, barony, &c., and from all military service and personal attendance on their lords, and all casualties of wardship, marriage, compositions for entries, &c., the present tenor of any of their deeds, patents, &c., notwithstanding.
All forfeitures, escheats, rent, bastardy, &c., which formerly fell to the King are now to fall to the Lord Protector. [Printed, 8 pp.]
April 12. 38. Report by the Admiralty Judges to Council. In our report on your order of 8 Dec. 1653, we said that the goods of Jacob Carolos of the Hague, taken in the Prophet Elias, were good prize; but since we have had proof that though Carolos, alias Palache, was born at the Hague, his father was ambassador there from the King of Morocco, and died there, and that therefore Carolos is a subject not of Holland but of the King of Morocco, where his ancestors have been for ages, and is a Jew, had been minister from the King to Denmark, and was going as such to the Hague, and thence to Rochelle on his way home. Therefore, if the goods in the Prophet Elias belong to him, they ought in justice to be restored. [1 page.]
April 12. 39. Request by Geo. Griffith, master, Rich. Mayor, warden, and the Vintners' Company of London, to the Protector and Council. Thanks for your intentions to set prices on all wines, in gross and by retail. We request that they be not set before 25 March next, because,—
1. We have now such store of wines, bought at high prices, as will last 18 months, for we do not sell ⅓ of what we did, which may appear at the Custom House.
2. We stored ourselves because of the danger of the sea, and lately there have been so many intruders that unless we take the first of the market, we cannot get good wines, and if we have to sell them under cost price, we shall be ruined.
3. Formerly Council used to call the merchants and vintners before them 1. Jan., and fix the prices, allowing the vintners ⅓ gain, because of loss by leakage, lees, and keeping.
4. We beg to have the same ⅓, and allowance for the great tax of Excise, which was not in former times. 5 signatures. [1 sheet.]
April 12. 40. Petition of the merchants of London trading in wines to Council. Thanks for your allowing us to discharge ourselves of what is imputed to us in a petition to his Highness last March, about settling the prices of wines. We think our representations made for 3 years past would do more to bring down the price of wines than what these petitioners propose. We know not what they mean by wines raw and unboiled. As to unwholesome wines, it is for the Lord Mayor and aldermen to provide a remedy. As to payment, it may be left to the merchants, who are only forced to pay half in coin proceeding from the sale of our manufactures, not in English coin. But when the merchants are limited to 30 or 40 days for relading, they must take such wines as they can get, or return empty.
The prizing of wines used to be in December, not March, and calculated at a moderate profit on the vintage, but the vintners constantly try to beat down the prices. The merchants should be protected, as their whole estates are employed in wines bought with the proceeds of English manufactures. Unless our privileges granted by Parliament are confirmed, we cannot continue our trade. The imposts and charges of our wine have increased 40s. a tun, besides 14s. for convoy and 6l. for excise, so that unless it is provided that we be paid our full prices, we shall be undone.
We beg his Highness's help, and if retail prices are fixed, we beg wholesale prices may be fixed also, or we shall be undone, our ships and seamen will have to seek foreign employment, and the fishing trade will be mostly lost, unless the returns can be taken in wines. 7 signatures. [¼ sheet.]
[April 13.] 41. Petition of Thos. Bunce, prisoner in the Tower, to the Protector. His former petition for liberty being referred to Council, but not obtained, he begs compassion for his sad condition and a new reference. His greatest burden is that his folly has subjected him to their displeasure, though caused by youth and ignorance, not by design against his country. A pardon and liberty would be considered an obligation to duty, and to a wise, humble, and inoffensive walk. With reference thereon to Council, 29 March 1654. Noted as read and laid aside, 31 March. [1 sheet.]
April 13. Order that he be released on security to the Lieut. of the Tower for his appearance on demand. [I. 75, p. 240.]
April 13. Council. Day's Proceedings.
1. Mr. Maidstone and Mr. Waterhouse authorised to see the plate (provided on the Commonwealth's account for the Protector's use) exactly weighed, and receive it into their charge, and return to Council an inventory as to its sort and weight.
2. Pickering, Strickland, and Jones to consider the best way for keeping an account of all plate and goods bought on the commonwealth's account for the Protector's use, and to report.
3. Order on information of words spoken by Sam. Ball in scandal of the Protector, that Sir Wm. Roberts and other justices of peace for Middlesex examine the matter, and proceed according to law.
4. Cooper and Mackworth to examine David Baree and 2 others in custody, about whom papers were now delivered by the Protector, and to order them to be secured till Council's further pleasure.
5. Cooper and Mackworth to prepare, with assistance of Secretary Thurloe, votes against to-morrow morning, upon to-day's debate concerning forests, and to offer them.
6. 42. An Ordinance to be brought in to continue the suspension of the judges' proceedings in the Act for relief of creditors and poor prisoners a month longer; and Justice Atkins and Baron Thorpe to prepare something to offer to Council upon the said Act.
7. The Lieut. of the Tower to recall John Archer to his prison there, and detain him, according to the order of his commitment.
10. An Ordinance to be prepared for the Commissioners in Ireland to set forth lands in Ireland value 400l. a year to Col. Rob. Hammond, in lieu of the 400l. payable by the revenue, further payment whereof is thereupon to be discharged.
13. Order on a paper delivered by the Remembrancer of the City [about St. Paul's Church], that Strickland and Mackworth inform themselves of the matter, and speak with the trustees for sale of Deans and Chapters' lands, and report. [I. 75, pp. 240–242.]
April 13.
The Middleborough, Fowey.
43. Capt. Wm. Godfrey to the Admiralty Committee. Cruising in company with the Portsmouth and Falmouth, we engaged with a fleet of 46 ships from St. Malo bound for Spain and Newfoundland, fought with them from 8 a.m. to 1 p.m., took 2, sunk their rear-admiral, and put the rest to flight. I lost one man, and had three wounded, and am much damaged in my masts, hull, rigging, and sails. I want 30 more men; 130 are not enough for 40 guns.
I hear by a ship from Leghorn that all the Hollanders in the Straits have laid down their commissions except the St. Peter and the St. Mark, which are out, but will do the same when they come in. I wish to appoint Thos. Smith, steward's mate, as steward, for the one sent is continually on shore. The two prizes we have brought in are much damaged in the fight, as is also that brought in by the Falmouth. I will make for Plymouth with all expedition. [1½ pages.]
April. 13.
The [Falmouth], Fowey.
44. Capt. Robert Mill to the Admiralty Committee. To the same effect as the preceding. We could not board the ships owing to the weather, but I sunk two myself, and brought in another, and we spoiled most of the remainder. My masts, sails, and rigging being much damaged, I was forced to put into Fowey with the Middleborough, but will hasten to Plymouth for repairs. I have not heard of the Portsmouth, or what she did in the action, but I hear of 5 ships being sunk and 3 taken. [1¼ pages.]
April 14. 45. Petition of Elizabeth, widow of Hen. Moore, of York, to the Protector. Her husband, being a tradesman, laid out his estate to the uttermost in the service, and lent 80l. in 1645 to Col. Geo. Stockdale to raise a regiment for Parliament; part of it was borrowed, for which she has to pay interest. Stockdale had a testimonial from the Estates of Scotland for his good service, and an order for 400l. out of the money to be paid them by the Parliament of England, but died without receiving it, and has left his wife very poor, only relieved by a pension. He left her the said order, and begged that petitioner, who is very poor, and has 4 children, might be paid therefrom. Begs payment. With reference thereon to Major-Gen. Lambert and Mr. Strickland. [1⅓ pages.] Annexing,
45. i. Their report thereon that Stockdale served under Lord Fairfax, but was cashiered for misdemeanour; that he then entered the Scotch army, raised 200 men, and oppressed several places in the north by quartering, and that they cannot be satisfied that he did any eminent service. [1 page.]
April 14. 46. Petition of Thos. Gallilee, merchant of London, to the Protector. Is owner of the Relief of London, in which his son Thomas went as master into the Straits, and was hired into the Doge of Venice's service, but the ship was lost and he taken, and cannot be released from the galleys without payment of a large sum, which petitioner cannot procure, unless the Venetians pay him for the ship and service. Petitioned the late Council of State in May last, and an order was made [4 June, see Calendar], to insist with the Venetian agent for full satisfaction, but nothing has been done. Begs an effectual order for his son's release, and satisfaction for the ship, goods, and wages. With reference thereon to Council, 31 March 1654. [2/3 pages.] Annexing,
46. i. Draft of the said petition.—6 March 1653–4. [2/3 page.]
46. ii. Thos. Gallilee, jun., to his father, Thos. Gallilee, Finch Lane, London. I am a most miserable slave, but if released, would be as diligent in pleasing you as I have been disobedient in crossing you. The ship owes me 3,000 dollars for what I laid out on her, and my goods and money when she was burned were worth 3,000 more. The ship itself was worth 12,000 ducats, and had 16 or 18 months' provisions on board. Particulars of the ship's accounts. My ransom was promised for 1,500 dollars. The bearer, Mr. Cass, will tell you how to get me out of this miserable captivity. Pray repay him 10 dollars which he has lent me. Sito, the Galley, 10 Aug. 1653. [1 page.]
46. iii. Thos. Gallilee to his father. Ship accounts; 6 or 7 days before I was put to the galleys, my Lord Ambassador could have ransomed me for 1,500 dollars, and asked of my estate in England; I said I had nothing but what you might give except a quarter of the freight of the ship, which was my own; this I offered to make over to him, but there was not time to get securities or treat with the Janizzaries. I have sent a supplicat to the Senate of Venice to release me by exchange or ransom, which, if they neglect, it will be because they owe me so much. For God's sake forgive my undutiful actions; take me into favour, and order my release. Sito, 21 Sept. 1653. [1½ pages.]
April 14.
Whitehall.
47. Order on the petition to recommend the Venetian agent to make effectual endeavours for the release of Thos. Galilee, jun., and for payment to him of 4,177l, 9s. 6d. freightage; 1,600l., value of the ship, and 1,500l. lost in the ship. [1 page. Also I. 74, p. 241.]
April 14. 48. Petition of William Earl of Salisbury to the Protector, on his own behalf and that of many poor persons, that the restraint named in the order of the Council of State of 6 June last may be taken off, and the money received according to the order of 13 Nov. 1652, which will prevent the said poor people from perishing. With reference thereon to Council, to satisfy the petitioner and the poor concerned therein, 22 Feb. 1653–4. [¾ page.] Annexing,
48. i. Petition of William Earl of Salisbury to Parliament. The late Parliament on 25 Dec., 1651, on report from the committee of Obstructions on my interest for two lives in Theobalds' house and park, and Cheshunt, and Enfield Parks, ordered me 5,360l. 18s. 4d. out of the first moneys raised by sale of delinquents' lands, which I accepted, though much less than my claim. But on 18 Nov., 1652, Parliament transferred the payment to Goldsmiths' Hall, to be paid out of 2/3 of Papists' estates, which the Treasurers cannot do without your further order. It is now 4 years since I had any advantage from the premises, and many interested therein under me are in a sad condition. I beg speedy payment, all like interests having been long since satisfied. [2/3 page.]
48. ii. Order in Parliament, on report prefixed from the Committee of Obstructions, allowing the said sum. 25 Dec. 1651. [62/3 pages.]
48. iii. Orders in debate on the bill for sale of delinquents' lands, that the moneys therefrom are to be left free for public uses, and that the provisoe touching the Earl of Salisbury is not to stand. 17 and 22 Sept. 1652. [1 page.]
48. iv. Order in Parliament for payment of the sum from the growing revenue on Papists' estates, 18 Nov., and order by the Committee for Compounding, 24 Nov. 1652 accordingly. [2 pages.]
48. v. Rich Sherwin and John Leech, Goldsmiths' Hall treasurers, to the Committee for petitions. The reason why we cannot pay the money to the Earl of Salisbury is that, by an order of the Council of State of 6 June last, we are to pay no moneys except by order from Council or the Commissioners for inspecting the Treasuries. The said Commissioners we hear have only power to issue moneys for the Navy, so that we cannot regularly make the payment, unless that order be superseded by an order of Parliament or of the Council of State. Goldsmiths' Hall, 24 Nov., 1653. [2/3 page.]
48. vi. Order in the Committee for petitions for Col. Rous to recommend to Parliament that the order of restraint be taken off, and the moneys paid as ordered by Parliament, many poor being in a sad condition for want thereof. 9 Dec. 1653. [2/3 page.]
April 14. 49. Reference of the petition by Council to the Treasury Commissioners, to report. [I. 75, p. 241.]
April 14. 50. Petition of Capt. Hen. Peck to the Protector. By orders of Parliament, 4,281l. 18s. 4½d. was assigned to my father, in recompense of an estate disposed of by Parliament to Col. Massey, but after payment of a small part only, on 21 Dec. 1648, it was stopped on a bare motion, which is without precedent in Parliament. After tedious attendance, Col. Jas. Temple was ordered to report the case to the House, but he seldom attended, and that Parliament was dissolved before report. Being made assignee to my father, I petitioned the late Parliament, but it too was dissolved before report. I beg, for the sake of my father's wounds and expenses in the service, and the multitude of his children, that the stay may be removed and he may be paid. With reference thereon to the Committee for Obstructions, to certify, 25 Jan. 1653–4. Also second reference on their report to Council, to prepare an Ordinance for his enjoying the orders of Parliament till paid his whole debt, 29 March 1654. [1¼ sheet.]
April 14. Reference thereon by Council to Col. Sydenham, Col. Mackworth, and Sir Ant. Cooper, to report. [I. 75, p. 242.]
[April 14.] 51. Petition of the owners and inhabitants within the precincts of Christ's Church Close, Norwich, to the Committee of Council to whom the business of the city and close of Norwich is referred. We have always had a peculiar jurisdiction distinct from the city, which encouraged us to give high prices for Dean and Chapter's lands, and if deprived thereof, the purchasers will suffer much, and many could not maintain their families, but would be turned out; and not being free of the city, nor able to purchase their freedom, would have to beg their bread; yet we hear that the Common Council of Norwich has petition for jurisdiction over us. 54 signatures, of which 7 are by mark. We beg the continuance of our jurisdiction. [1 sheet.] Annexing,
51. i. Seventeen reasons why the close of Norwich should be continued in the peculiar jurisdiction which it has held for 400 years. 13 March 1653–4. [1 sheet.]
April 14. Order in Council that an Ordinance to enlarge the jurisdiction of the city of Norwich, and precincts of the palace, now read, be laid aside. Also to advise his Highness that a commission issue under the Great Seal to two persons of the city, and two of the county of Norwich, with Dr. Barber, to be justices of peace within the precincts of the palace of the late Bishop of Norwich. Skippon and Mackworth to attend with the names of fit persons. [I. 75, p. 244.]
[April 14.] 52. Report by Ald. John Fowke, and Geo. Glapthorne, on the order of 10 March 1653–4, about disposal of the forests.
1. That the State's part be let on leases, for not more than 21 years or 3 lives, on rents not under the surveyed value (except allowances for fencing, ditching, &c. This will accommodate poor as well as rich, raise a standing revenue, and thus abate taxes.
2. That such part of the woods (reserving timber fit for the Navy) be sold as any will purchase for ready money, and at short times for payment, reserving fee farm rent or not, and where it is reserved, abating the value in the purchase, and these fee farms will add to the standing revenue.
If the woods be not shortly so let or sold, his Highness and Council or Parliament should give further directions for their disposal, by letting in public faith debts, &c. [2/3 page.]
[April 14. 53. Statement by the same of how these propositions may be made practicable,—
1. The claims of all interested in the forests to be determined in the Exchequer or elsewhere, jointly or particularly for each lordship or township.
2. To authorize commissioners under the Great Seal, with power to make them able, and encouragement to make them willing to improve the forest lands:—
(1.) To hold frequent meetings at different places.
(2.) To assign the lands and woods to claimants, and have them fenced off, ½ the charge to be borne by the claimant, and the other ½ by the State.
(3.) To appoint surveyors speedily to value the houses, lands, woods, &c., discover and report damages, and return maps thereof.
(4.) To set out highways and passages from the towns and lands to be enclosed.
(5.) To compound with trespassers for damages, and if they do not satisfy, to prosecute them, in order to prevent the like in future.
(6.) To let or sell new unlawful erections or enclosures, and all the other premises.
(7.) To signify what is let or sold, that the leases may pass under the Great Seal at moderate charge.
(8.) To pay fees, salaries, and incident charges from the money raised.
(9.) To observe the further directions of his Highness, Council, or Parliament. [1 page.]
April 14. Order thereon in Council:—
1. That forest lands be improved with all speed.
2. That the sale of forest lands according to the rules prescribed in the Act is on trial found impracticable.
3. That the best way for improving them will be to have the just claims of all persons determined, and the right of the commonwealth ascertained.
4. That therefore a commission shall issue under the Great Seal to several persons, with fitting instructions, to hear and determine claims, or to transmit them to the Court of Exchequer, and for setting out the portions of estates by bounds, and leasing or selling such proportions, &c.
5. That several commissions with instructions issue out to several sets of commissioners according to so many divisions as the forests shall be cast into, that there may be more speedy improvement therein.
6. That a Committee be appointed to draw up an Ordinance for taking the forest lands out of the hands of the trustees therein named, for disposing of them as in the former votes, and for preparing instructions as aforesaid, &c.
7. Cooper, Lambert, Mackworth, and Montague to prepare an Ordinance on these votes, and advise with the Judges, counsel, or others. [I. 75, pp. 245–6.]
April 14 ? 54. Notes of alterations and amendments suggested in the Ordinance for surveying forests,—
Also of a proviso to be added that it shall not interfere with the following forests, Needwood, cos. Derby and Stafford; Kingswood chace, co. Gloucester; Ashdown, or Lancaster great park, Sussex; nor Sherwood, cos. Notts and Derby. Nor with any of the lands, &c., of the late King, Queen, or Prince already conveyed by or contracted for with the trustees for the sale thereof, if part or all the purchase money has been paid. [2¼ pages.]
April 14. Council. Day's Proceedings.
3. The petition of Ann Howard, daughter of Sir Charles Howard, referred to Sydenham, Strickland, and Cooper, to report.
4. That of Sir Arthur Loftus referred to the Committee on the adventurers for land in Ireland to report.
6. The draft of an Ordinance touching the minister of York, and Peter's School, referred to Lambert, Strickland, and Cooper, to confer with the trustees for sale of Deans' and Chapters' lands, and to report.
7. Order on report from the Committee on Mary Cooke's petition, and a report from the Committee of Parliament for Ireland, that Ald. Thos. Andrews be appointed to receive from her 56l. 5s., the remaining ⅓ of 168l. 5s. subscribed by Ed. Cooke, her late husband, son and executor of Ed. Cooke, M.D., on credit of the order of Parliament of July 14, 1643, for encouragement of Adventurers to make new subscriptions for towns, cities, and lands in Ireland; also to give the petitioner acquittance in the usual form, notwithstanding the time for payment is elapsed, which is to be allowed by the Committee.
9. Cooper, Sydenham, and Strickland to treat with the purchasers of the honours, manors, and royalties of Hampton Court, for redeeming them for the Protectors use.
10, 11. Also to treat with Mr. Thomson in like manner for the little park at Windsor Castle, and with others who have bought any lands of the King, Queen, or Prince which it may be useful to repurchase for the Protector, and to report. Mr. Embree the surveyor to attend and prosecute the said services as directed by the said Committee.
16, 17. Order on information that divers inhabitants of Kingston and places adjacent have entered on part of the meadows belonging to Hampton Court, and are about fencing them in, that the Committee for Obstructions examine and take order therein, Mr. Embree attending them. Also that he repair thither, and require them at their perils to forbear fencing in.
18. Order on the petition of Capt. John Farmer to the Protector, that the Army Committee state his accounts for arrears in Col. Okey's regiment within the model under Lord Fairfax, and give debentures for them. Also that the Worcester House Committee state his accounts for preceding services, and give like debentures, and that the trustees for sale of the late King's lands accept them, and give him bonds thereon for purchase of the said lands, as to the rest of the army.
19. The business of the Marshalsea referred to Chief Justice Rolle, and Justices Aske and Atkins, to report.
21. An Ordinance for the adjudication of several ships and vessels of the enemy seized in or brought into Scotland read, and committed to the Committee for Scotland.
22. An Ordinance for relief of debtors in Scotland, in some cases of extremity, read and committed to the Committee for Scotland, who are to advise with counsel thereon.
23. The petition of Ed. Dendy, Serjeant-at-Arms referred to Lambert, Sydenham, and Mackworth, to report.
25. Order on a paper containing the desires of Col. Thos. Pride for his regiment of foot, being to march to Scotland:—
(1.) That the Treasury Committee, consulting with the Army Committee, consider how to pay their 800l. arrears, now charged on Goldsmiths' Hall.
(2.) That the Army Committee issue warrants to advance them a month's pay.
(3.) That they add to them a gunsmith and mate, a surgeon's mate, refurnishing the chest, and a drummer for each company.
(4.) 57. That the Admiralty Committee order him 100 pikes 200 muskets, 600 swords, 10 halberts, and 2 barrels of powder out of the stores.
(5.) That he be authorised to buy 1,000 snapsacks for the regiment.
(6.) That Major-Gen. Desborow order some horse to secure Exeter Castle till some foot can be sent, as Pride's regiment is leaving.
(7.) That the Governor of Portland Castle send a file of his foot soldiers to Brownsea Castle, as Pride's soldiers are leaving. [I. 75, pp. 241–47.] Annexing,
57. i. Col. Pride's requests for most of the above supplies, and also for tents for his regiment. [1 page.]
57. ii. Shorthand notes of the above. [1 page.]
57. iii. Further requests for 10 soldiers from each of the companies in town for recruits, and for 600 swords. With note that Capt. Farmer wants his business called for, as it detains him from his charge. [Scrap.]
April 14.
Whitehall.
Council to Rob. Shafton, high sheriff of Northumberland. We have received yours from Morpeth of 5 April, imparting that a party of the enemy's horse lately came over the borders and infested the northern counties. To prevent further inconvenience, and secure the borders, the Protector has ordered thither divers troops, under Capt. Howard, who has instructions to use his best endeavours for these ends. Ordered to be communicated to Wm. Fenwick, Robt. De la Valle, and other justices of peace of the county. [I. 75, p. 243.]
April 14.
Little Britain.
58. Commissioners for relief of Sick and Wounded to the Admiralty Committee. An account has been passed by the Navy Commissioners, which the treasurer refuses to pay without our order. We have examined the accounts and the accountant, Simon Blackmore, for disbursements for sick and wounded for two months, at Portsmouth, and find that 2,300l. was imprested to him, and that he has expended 2,223l. 6s. 10l., viz., 880l. for quarters, 325l. to nurses, which is much for so little time; 40l. transport and clothes, 580l. to surgeons; 75l. to the accountant for travelling charges and for wages for himself at 10s., and his man 2s. a day for 93 days; and 320l. imprest to officers and soldiers for relief during sickness and wounds. Few bills were produced, being cancelled by the Navy Commissioners, and though we think the accounts high, we can do nothing, as they are already passed. There is still a balance of 70l. 14s. due to the State. With order of the Navy Commissioners, 18 April, that one of the Commissioners for Sick and Wounded is to attend them with the papers and vouchers on Thursday next. [1¼ pages.]
April 14.
The Pearl, Downs.
59. Capt. Ben. Sacheverell to the Admiralty Committee. I am still plying in the Narrow, between Dover and Calais, with the Merlin, Drake, and Nonsuch, but have not seen any of the enemies' ships. We stayed some Hamburghers and Lubeckers on suspicion, in Dover Road, but they are cleared. I convoyed some rich merchant ships from Dunkirk, but being windbound there for several days, I could not attend the Protector's order to sail for Dieppe, and transport the Earl of Bolingbroke and Lord Mandeville to England.
Six merchant ships in the service have arrived from the fleet at Portsmouth, also Rear-Admiral Badiley, in the Vanguard. The private men-of-war infesting these parts do much injury by enticing away seamen, and raising mutinies when officers are sent to press for the State. One of them, commanded by Capt. Welsh, lately forced the captain of a Lubecker to give a bill on a merchant of Dover to pay him a large sum for his freedom, although he had the General's pass; but on complaint made to me, I had the business heard before the Prize Commissioners, who released the Lubecker from any further trouble. The privateers spoil all they can, whether free or unfree vessels. [2 pages.]
April 15. 60. Request by Edw. Bulstrode to Council. I want a like order for payment to the judges of Carnarvon, Merioneth, and Anglesea, in North Wales, of their salaries of 250l. a year, now 1½ years in arrear, as lately made to those in South Wales. But as his Highness, on 20 March 1653–4, charged all the salaries of the judges in Wales on the customs to be paid, 25 December and 24 June, beginning next June, the arrears will be but 1¼ years, viz., 312l. 10s., there having been but one judge this last year for that part of North Wales.
I was also sent down last January by special commission to Warwick, for a general gaol delivery, where I was at 30l. expense and great pains, the prisoners being many and the offences great, as appears by the calendar. I also want a warrant for renewing my commission, the time of summoning the great sessions being near. [1 page.] Annexing,
60. i. Certificate by Thos. Fauconberg that Bulstrode's last payment was Michaelmas 1652, and that 375l. is due to him foryears' salary. 14 April 1654. [½ page.]
60. ii. Calendar of prisoners in Warwick Gaol, 2 Jan. 1653–4, and their sentences, &c., viz.:—
7 to be hanged: 2 for murder, 1 for horse stealing, 2 for theft, 1 for burglary.
2 to be pressed to death for horse stealing.
20 to be released on paying fees.
5 to be continued in prison on suspicion, without bail.
1 " " till good bail is found.
1 to be set on the pillory the 4 next market days, for collecting moneys on a license which he had forged, and then to be kept in the house of correction till next assizes. [1 sheet.]
[April 15.] 61. Request for a like order for 250l., due to Wm. Littleton, late chief justice of cos. Carnarvon, Merioneth, and Anglesea, for 1652, at the time of his death. [⅓ page.]
April 16.
The Primrose, Inverness.
62. Capt. Jno. Sherwin to the Admiralty Committee. I conveyed two vessels with lime and brought 3,000l., 10 tons of cheese, biscuit, powder, ball, &c., for Col. Morgan, but I am surprised that a nimble vessel like this should be employed to carry luggage, when 40 sluggish vessels are doing nothing.
As for news, Col. Morgan lies 20 miles off, with a considerable party of horse and foot, on the River Tayn, the enemy being on the other side, in Sutherland and Caithness, advancing their levies, which increase but slowly, though they force the generality of the people. They have got on a neck of land, and if they have but a stomach to fight with us as they have one with another, the roguish gang will be dissipated. There is like to be good order and discipline among them when their chiefs fight single hand one with the other for superiority. [1 page.]
April 17.
Yarmouth.
63. Major Wm. Burton to the Admiralty Committee. The Brier has come in, and I send the examinations of the officers as to having run into the Providence. I do not think the petitioner, Thos. Ridley, nor yet the officers of the Brier much to blame, but he that carried the light; for when he lay by the lee, he should have put abroad 2 lights to distinguish him, and then every ship of the fleet should have put abroad one, so that the ships would have seen each other. The night was dark, and the vessel they sank small, so that they could not see her till close at hand. The law of the sea is, if one merchantman run aboard another, she is to pay half the loss at the least. Here are 30 or 40 ships waiting for a convoy northwards. The owners are anxiously waiting for the Iceland convoy. I hope to get the frigates out the next spring tide.
Capt. Smith of the Tarington has taken a Dutch East Indiaman of 900 tons, richly laden, and having 4 chests of silver. As he has broken his bowsprit and anchor, I have sent him to Major Bourne at Harwich for new ones. [1½ pages.] Enclosing,
63. i. Certificate by Capt. Peter Foote and 5 other officers of the Brier of the above circumstances relative to their running into the Providenee, whioh sank with the blow. [¾ page.]
April 17.
Yarmouth Road.
64. Capt. Jer. Smythe, to the Admiralty Committee. I have been plying with Capt. Stayner on the Dogger Bank and the Riff; We chased several ships, and took the Rose of Amsterdam, an East Indiaman outward bound, with 26 guns, and very rich as the men report, having 4 chests of silver in her. The captain and 16 men were killed, and many wounded. We have put some officers and men on board, and hope she has arrived in the river. Having lost our bowsprit and anchor in the fight, we desire that new ones may be sent to Yarmouth. [12/3 pages.]
April 17.
Yarmouth.
65. Capt. Rich. Stayner to the Admiralty Committee. I have been plying on my station with the Tarington. We hear there are 200 or 300 ships in the Texel bound for the Sound, with a convoy of 10 sail, and to bring back a fleet from France. We have met several Hamburghers and Danes, but not seen one enemy's fisherman. On the 13th we took a Hollander bound for the East Indies after a short dispute, and having taken out the prisoners we lost company of her in the fog, but I hope she has arrived safe. As she had money in her which the seamen might have embezzled, Capt. Smith of the Tarington took 2 of the chests, and I the other two. The men say there is much money in the hold. The officers say she was large and well laden. The master and 26 or 28 men were slain. I lost one man and had one wounded, and the Tarington had 2 drowned, and lost her mast. I am going on the Dutch coast until further instructed. [1½ pages.]
April 18. 66. Petition of John Massey, of co. Chester, to the Protector. I am indebted in 700l., for which many of my kindred stand bound. I have sold all my personal estate, and my real estate being mortgaged during the wars, I have nothing whereon to bring up my 6 children, but by sale of the estate, worth 40 marks a year, whereby the heir, who has now neither education nor relief, would have 6l. a year, and his uncle, John Downes, would bring him up. I beg an order to the chief justice at Chester to allow my son, who is 18, by his guardian, to suffer a common recovery with bar. Subscribed and recommended by his son William, John and Jas. Downes, and John Leigh. With reference, 14 April 1654, to Council. [1 sheet.]
April 18. Order thereon in Council granting the petition. [I. 75, p. 249.]
[April 18.] 67. Petition of the mayor, bailiffs, and burgesses of Berwick-onTweed to the Protector, to authorise, as has been customary, fit persons, in both nations to suppress the wrongs done on both sides the Tweed, and to appoint greater penalties for such as work on the Lord's Day. The town being important, though poor and barren in the country round, had several liberties granted, 22 Edw. IV., for support of the garrison, viz., the farming of the fishing in the Tweed and taking salmon, which is the chief of their support, and every water had its bounds and rules for times of tide and nets for fishing, and fines for any transgression were inflicted at a fishers' court held in Tweed Mouth, or by special Commissioners of both nations. But of late sundry gentlemen, taking advantage of the times, have set up wrong fishings, and fish in new places, one in a narrow throat of the river where few fish can pass without being taken, so that it is worth 200l. a year, but it much hurts the fishings above. Also many fish on the Lord's Day, not minding the penalty of 10s., as reaping greater benefit thereby. Signed by Step. Jackson, mayor, and 14 others. With reference thereon to Council. 13 April 1654. [1 sheet.] Annexing,
67. i. List of 13 English and Scotch gentlemen desired to be in the Commission. [¾ page.]
April 18. Reference thereon by Council to Lambert, Strickland, and Mackworth, to report. [I. 75, p. 250.]
April 18. 68. Petition of the well-affected servants and creditors of the late King to the Protector. There is a petition to you and also an Ordinance on our behalf, approved by Council in your absence, to this effect—
1. That the restraint laid upon the late King's goods in the hands of the Trustees for their sale or of private persons, and not in use, be taken off, and the goods sold for our relief, according to several Acts of Parliament thereon.
2. That a further power be given for getting in the money due to us by the said Acts, on discovery of concealed personal estate of the late King.
Since then, we hear that you intend to have most of the goods for your own use, and cannot choose them till the trustees have brought in their accounts, and that therefore the said Ordinance cannot be passed. We are willing to submit to your pleasure about the goods, but we beg that the Ordinance may pass as to getting in the moneys upon discoveries, that we may have something to keep us from starving. With reference thereon to Council, 22 March 1653–4. [1 page.]
April 18. Reference thereon by Council to Maj.-Gen. Skippon, and Cols. Mackworth, Sydenham, and Montague, to report. [I. 75, p. 251.]
April 18. 69. Petition of Giles Horsington and Jerome Bodley, for 300 surveyors, clerks, and messengers, employed by the Drury House Trustees, to the Protector. The order of 27 Dec. last for payment to us forthwith of 10,000l. was not obeyed till after 7 weeks, and the trustees have not ascertained, as ordered, what remains yet due, though we have often solicited it.
Also the trustees, in stating our accounts, defalk half our payment for Lord's days, riding days, and days of drawing up and engrossing surveys, though those services are essential and hazardous, and it is contrary to their contract which was to pay us 16s. a day, and against the order of the Committee for Obstructions allowing us 15s. a day without exception. We have been obliged to borrow largely, and suffered much for want of payment, some of us not daring to return to our homes.
We beg a strict order to the trustees to state what is still due to us, and speedy payment, in pity to our afflicted condition. [1 sheet.] Annexing,
69. i. Order, by the Committee for removing obstructions in sale of delinquents' estates, on report from the sub-committee as to the best mode of surveying them, that the 25 sets of surveyors be reduced to 10, of 7 persons each, and one set of 4 for Wales, and that each have an allowance of 15s. a day. 19 Sept. 1651. [¾ page. Copy.]
April 18. Order in Council, on report on the case, that the Drury House Trustees speedily return an account of the allowances and salaries due to the petitioners, according to the former order. [I. 75, p. 251.] Annexing,
70. i. Report alluded to, 6 April 1654. [½ page.]
[April 18.] 71. Petition of Lady Anne Blount, daughter of Montjoy Earl of Newport to the Protector, to issue a special commission upon her whole case. Never contracted marriage with William Blount, and could not do it without her father's consent, being under his tuition. But Blount, hoping that she would move her father to compound rather than run the scandal of malicious tongues, and that he should gain money thereby, pretends that she is contracted to him, and that he will marry her, whether she will or no.
There being now no Bishops' Courts for such cases, she appealed to the Commissioners of the Great Seal, but they can only issue a commission on the late Act in Puckering's case, without a warrant, whereas hers ought to be grounded not only on that Act, but on ancient and general law, such as were formerly granted. Begs such a commission to discreet and able men, as these false scandals not only prejudice her, but trouble her parent. With reference thereon to Council, 13 April 1654. [1 sheet. Signed by the Protector.]
April 18. Reference in Council on her petition to Cooper, Mackworth, Strickland, Montague, and Rous, to report. [I. 75, p. 252.]
[April 18,] 72. Proposed order by the Protector that—as Wm. Blount, a recusant Papist, who has been in arms, has with his accomplices, falsely published that Lady Anne Blount, daughter of Montjoy, Earl of Newport, who is not yet 17, and lives with her father, is contracted to him in marriage, from which calumny she requests to be cleared, and to be left free to marry elsewhere;—the Commissioners of the Great Seal grant one or more commissions to fit persons to summon Blount and his accomplices before them, proceed against them on the said libels, examine him on oath if he appears, and if not, proceed to judgment according to right, for freeing her from all further pretences of contract, and from all molestation of the said Wm. Blount. [3 pages.]
April 18. 73. Petition of Lieut.-Gen. George Monk to the Protector. There are arrears due to me for service in Ireland, as lieut.-colonel in the General's regiment in Leinster, 1641–43, and as adjutantgeneral to the Munster forces, 1646–47, and for service in Ulster, 1647–49, as commander-in-chief of the forces, and Governor of Carrickfergus. The Commissioners in Ireland have given me debentures for service in 1642–43, but say there is no establishment for the rest, though I was promised 20s. a day as adjutant, 40s. as commander-in-chief, and 20s. as Governor of Carrickfergus. I am told that without your special order I cannot be paid for these services, nor even my debentures for lands in Ireland, till the reduced forces there and the standing army have lands assigned for their arrears.
I beg satisfaction out of the lands of Walter Rourke, Sir Thomas and Laurence Esmond, and — Sinnot, in Wexford and Kildare, at the rates at which lands are granted to other officers, and debentures for the services still unstated. With reference thereon to Council, 11 April 1654. [1 page.] Annexing,
73. i. Proposed order [by Monk] to be made on his petition [2/3 page.]
April 18. 74. Reference thereon to Cols. Sydenham, Mackworth, and Montague, and Mr. Strickland, to report. [2/3 page. Also I. 75, p. 253.] Annexing,
74. i. Reference thereon by the said Committee to Commissary Gen. Edw. Whalley, Cols. Goffe, Clark, and Grosvenor, and Lieut.-Col. Chas. Worsley, to determine what pay should be allowed Monk for the services for which there is no establishment. 20 April 1654. [⅓ page.]
74. ii. Report by Whalley, Clark, and Worsley, that he was commissioned by Lord Lisle, 29 Dec. 1646, to be adjutant of foot in his army, and should have 20s. a day; 40s. as commander-in-chief in Ulster, but nothing as Governor of Carrickfergus, as he had allowances in other capacities at the same time. 25 April 1654. [1 page.]
April 18. 75. Petition of Wm. Davenant to the Protector. Whilst prisoner in the Tower, I was exchanged for an officer in Parliament service, by Gen. Blake, and Col. Bingham, Governor of Guernsey, but detained prisoner 2 years after the exchange. The Court of Articles, on my petition, gave me a certificate [see No. 74. II.] and liberty on bail to solicit its issue, but I have been arrested for debt, and made a double prisoner.
I beg freedom from writs, protection during the dependence of my case, and liberty to live obediently in my native country, being incapable of the late Act of Oblivion, because I was then a prisoner, though contrary to the obligation of my exchange. With reference thereon to Council, 20 March 1653–4. [1 sheet.] Annexing,
75. i. Case of William or Sir Wm. Davenant, before the Commissioners for Relief on Articles.
On 9 July 1650, Parliament appointed him to be tried by the High Court of Justice for treason, but no proceedings were taken.
12 Nov. 1651. Col. John Bingham made an agreement with Col. Roger Burges, Governor of Castle Cornet, for his exchange for Capt. John Clarke, prisoner in the castle (who was thereupon set free, and is in the service), and ordered his release and a pass to London or beyond seas.
General Blake certifies that he was in Guernsey in Nov. 1651, and passed his word for performance of this agreement, and there is no proof that Davenant has forfeited his claim to it by any hostility to Parliament. Yet he is still a prisoner, and has petitioned for liberty. [1⅓ pages.]
75. ii. Certificate of the Commissioners for Relief on Articles to Parliament. This case is distinct from others, because the faith of Col. Bingham, of the general who empowered him, and of the army whereof he is a member, are concerned. General Blake also passed his word, and the Act constituting this Court declares that no violation of engagements is to be permitted; but as the engagement was not confirmed by Parliament, we cannot give relief, but must resort to Parliament. 13 signatures. [Copy, 1 page.]
75. iii. Col. John Bingham to Lord Bradshaw. I am much concerned in the blemish Gen. Blake and I have received, by the breach of conditions with Sir Wm. Davenant. He has lately been made a prisoner for debt, whilst he remains a prisoner on bail to the Court of Articles, to return to the Tower when demanded; and thereby he cannot stir out of town to recover his debts. He has now petitioned the Court of Articles to be free from other arrests whilst he is their prisoner, and for 6 weeks after his freedom. I hope, in lieu of his 2 years' imprisonment after exchange, the Court will allow him some further time to follow his occasions, as his sufferings, contrary to the articles of war, have been great. 1 Feb. 1653–4. [Copy, 1 page.]
[April 18.] 76. Requests of Davenant. 1. For full liberty, having endured 2 years' imprisonment in the Tower, and being a year more under bail not to stir from the town.
2. Stay of 2 writs by which I have lately been arrested, and made double prisoner.
3. Prolongation of the 6 weeks' freedom from arrest promised me after my release to 6 months.
4. A general pardon, that I may live as a faithful subject. [1 page.]
April 18. Reference thereon to Cols. Sydenham, Mackworth, and Mon tague, Mr. Strickland, and Sir A. A. Cooper, to report. [I. 75 p. 253.]
April 18. Council. Day's Proceedings.
1, 5, 7, 8. The Ordinance for further suspending the proceedings of the judges named in the Act for relief of creditors and poor prisoners till May 22, read twice, and to be presented by Cooper to the Protector. Approved by him and passed for law, and to be printed and published.
3. The Admiralty Commissioners to treat with Col. Sydenham about certain timber in Carisbrook Park marked for the navy, and to consider whether it would be best for him to pay its value, or to provide a proportionable quantity of timber in lieu thereof for the navy, and to issue their orders accordingly, and meanwhile to stay its felling.
6. Order,—on information by the Sadlers' Hall Committee appointed to take care of the collections in England and Wales for relief of the inhabitants of Marlborough, and rebuilding the town consumed by fire, that divers sums are detained in the hands of the collectors, whereby the charity of good people is detained and the inhabitants frustrated of relief,—that all churchwardens, mayors and other officers who have such moneys in hand pay them immediately to the said Committee, as they will answer their neglect and contempt at their peril.
9. Sydenham to be one of the Commissioners to treat with the French Ambassador this afternoon instead of Lord Lisle, who is out of town.
10. An Ordinance for settling the office of postmaster general, and the postage of inland and foreign letters, read the 1st and 2nd time, and ordered to be read again on Friday.
13. The several representations of the Committee for taking the accounts of the Commonwealth referred to Sydenham, Cooper, and Mackworth, to report.
14. The petition of Margaret, relict of Sir Richard Bolton, late Lord Chancellor for Ireland, referred to Mackworth, Sydenham, and Cooper, to report.
20. To communicate to Major-Gen. Lambert the paper containing the desires touching the 7 companies of Sir Wm. Constable's regiment.
22. Order that 746l. 15s., the balance due to Lieut.-Col. Roseworm for arrears of pay, as stated by the Committee for Accounts, be paid him out of his own discoveries of money or estate of the Crown, bishops, deans, and chapters or delinquents, which the respective trustees are to examine, and assign to him. Approved 4 May.
23. Council adjourns their sitting till Friday the 21st. [I. 75, pp. 249–254.]
April 18.
The Brier, Harwich.
77. Capt. Peter Foote to the Admiralty Committee. Major Burton tells me verbally that you wish me to convoy the northern fishers. As no victuals could be procured at Yarmouth, I have come to Harwich, and hope to be supplied in a few days, and then return to Yarmouth for further orders. I can only carry 6 weeks' victuals, and for the north, 3 or 4 months' are required.
Mr. Ridley's petition complains of losing 300l. through my neglect of duty, but the captain's place is not to watch, only to command the masters and officers to be watchful, which I did. His was only an old dogger boat, not worth more than 100l., and the lading did not belong to him, nevertheless I am sorry for the accident being under my command, and the loss falling on such a poor man. [1½ pages.]
April 19. 78. Petition of the ancient Hackney coachmen of London and Westminster to the Protector. We have, from the beginning of the wars, been ready to serve with our horses in the artillery train under Lord Essex and others, for which large sums are due to us. But yet we are mightily oppressed by a number of Hackney coaches set up by coachmakers, harness makers, innkeepers, ostlers, tapsters, nay many gentlemen and ladies. Thus leather, iron, timber, &c. have been wasted, the prices of hay, &c. much enhanced, coach horses spoiled, the streets worn and obstructed to the hazard of passengers, parishes much burdened with the wives and children of Hackney coachmen who die or break, and the useful trade of watermen much discouraged.
We have spent much time and money in soliciting Parliament for redress, and the late Parliament read our bill twice, and commanded a bill to be drawn up for us, but the House was dissolved. The Lord Mayor and aldermen have since commended our proposals to you, and we beg order for their expedition. 8 signatures. With reference thereon to Council, 5 April 1654. [1¼ pages.]
April 19. 79. Petition of Rich. Turner to the Protector. I have been as soldier for the State through the wars, but am undone by Capt. Step. Rich's having got my bark, and the money that I earned. In 1648 I complained to the then Navy Committee, who ordered him to prove his propriety in the Admiralty Court, where I impleaded him, but he left England, giving bail for my satisfaction. Judgment is now given in my favour, and the Admiralty Judges commend me to the Admiralty Commissioners for relief. I beg that they may be ordered to consider my case and relieve me. With reference to the Admiralty Commissioners. [1 page.] Annexing,
79. i. Report of the Admiralty Judges to the Admiralty Committee that the petitioner's small ship, the Swallow, while engaged for the service at Liverpool, was taken by Prince Rupert and subsequently retaken, and by the commanderin-chief of the forces there, delivered to Capt. Rich for the use of the Commonwealth; no satisfaction having been made to Turner, he proceeded against Rich in the Admiralty Court, but as that Court can neither condemn Rich nor make restitution to Turner, they recommend him for relief, and Rich for discharge. Doctors' Commons, March 1653–4. [1 page.]
79. ii. Request by Luke Rawlinson, who was bail for Rich, to be discharged of further trouble, the vessel not being condemned. 24 April 1654. [½ page.]