Volume 101: November 1655

Calendar of State Papers Domestic: Interregnum, 1655-6. Originally published by Her Majesty's Stationery Office, London, 1882.

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'Volume 101: November 1655', in Calendar of State Papers Domestic: Interregnum, 1655-6, (London, 1882) pp. 1-45. British History Online https://www.british-history.ac.uk/cal-state-papers/domestic/interregnum/1655-6/pp1-45 [accessed 19 April 2024]

November 1655

Nov. 1. Council. Day's Proceedings.
1. The report from the Committee of a draft of an order for an embargo on all ships and goods of the King of Spain or his subjects read, altered, agreed to, presented, and approved.
2. An order for constituting a Trade Committee read, and several votes passed, resolving that the following should be of the Trade Committee, added to those named in an order of July 17, 1655:—
Lord Rich. Cromwell.
Fiennes and Lisle Great Seal Commissioners.
John Glynn Chief Justice of Upper Bench.
Wm. Steele Lord Chief Baron.
Justice Hale.
John Stone of London.
Ald. Rob. Tichborne of London.
— Thos. Bonner of Newcastle.
— Thos. Dickenson of York.
Mr. Toll of Lynn
— Dunne of Yarmouth.
Mr. Cullen of Dover.
Francis Drake of Sussex.
Rich. Norton.
Jos. Jackson of Bristol
Col. [John] Bright.
Mr. Legay of Southampton.
John Trevor.
Sir Gilbert Gerard.
Sir John Hobart.
Wm. Berry.
John Crew.
Wm. Peirpoint.
Wm. Ashurst.
3, 4. The questions if Sir Job Harvey or Thos. Challoner stand for this committee passed in the negative.
5. Any of the Council who come to this Trade Committee to have voices.
6, 7. The Committee, to sit in the painted chamber at Westminster, meet Nov. 27, and have power to adjourn. The order so amended, with these words, [the said salaries in the whole not exceeding], omitted, passed as follows:—
8. Lord Rich. Cromwell and the rest of the above named Commissioners, with Montague, Sydenham, Wolsley, Pickering, and Jones, Sir Bulstrode Whitelock and Sir Thos. Widdrington, Serjeants-at-law; Oliver St. John, Lord Chief Justice of Common Pleas; Thos. Grove, Christ. Pack, and Andrew Riccards, Aldermen of London; Maurice Thompson, Denis Bond, Sir Hen. Blount, John Upton, Geo. Foxcroft, Nath. Wright, Martin Noel, Capt. Hen. Hatsell, and — Snow of Exeter, merchant, to be the Trade and Navigation Committee, to regulate and improve trade, and receive propositions for the benefit thereof; to send for Customs' officers, or others of experience, to consult with, to view all records of the late Trade Council which may be useful; and when they have decided on any new measure, to report the same to Council. With power to appoint a secretary, clerks, and other officers, with fit salaries, and to report them for Council's approval, that the salaries may be ordered to be paid. All the members of the Committee to be summoned by letter.
9. A stop to be made of the cutting down and carrying away of valuable timber on Lorking farm, Berks, part of the estate of Sir Henry Moore, who was engaged in the last insurrection. The Receiver-General of Berks to see this order executed.
10. The particulars brought in by Col. Sydenham of the pensions charged on the Exchequer, with the arrears on other payments, beside the Navy, referred to the Treasury Commissioners who are members of Council, also to Desborow, Lambert, and Jones, to consider which of the sums mentioned must be paid at once, and to report. Annexing,
96. i.List of pensions alluded to, total, 54,318l. a year; with list of arrears, 90,888l. 12s. 5d. [2 pages.]
11. The Treasury Commissioners to sign warrants for the 2 Privy seals, payable to Martin Noel, for so much paid by him to his Highness' agents abroad, the restraint of 5 Oct. notwithstanding.
13. Order that there be a standing Committee of Council, consisting of all the members, to 3 or more of whom are referred all private petitions now come, or which shall come before Council, and all petitions, reports, &c., already depending; they are to proceed on them in course, without varying the general rules, unless by special leave of Council. Their power to commence this day, and they are to meet in the room next the Council Chamber. Every Thursday to be set apart for receiving their reports.
14. The Committee's report on Lionel Scott's case to be considered tomorrow.
15. The King of Spain has laid an embargo on English ships and goods in his dominions without premonition—although by the Treaty of 1630, 6 months' notice was to be given, in case of a breach of peace between the nations,—and justifies his conduct on pretence of an English fleet sent to the West Indies, although it is notorious that for years the kings of Spain exercised barbarity towards all English coming for trade, or driven by weather into the West Indies. Therefore his Highness, after full debate in Council, finds himself obliged to remedy these hostile courses, and grants a general embargo on all ships and goods belonging to the said King or his subjects, and also universal reprisals against the subjects of Spain, Flanders, and his other territories, at sea or in port, to be brought to judgment in the Admiralty Court, and condemned acaccording to the law of nations and usages of that Court; the judges and advocate to examine proofs and proceed to judgment, on these and other claims made already by the said King's subjects, but not determined. [I. 76, pp. 357–361.]
Nov. 1/11
Rotterdam.		 97. Luke Whittington to [Sec. Nicholas]. If it is not convenient for the King to grant me the 10 or 12 commissions for privateers on the terms I asked, then beg him to restore me as his agent for maritime affairs at Dunkirk, and the other ports of Flanders, for which purpose I have drawn up a petition to him, which I send. I hope to do as good service in that employment as any.
I have written the news to your son Edward. [1 page. Endorsed by Nicholas as received, 4/14 Nov.] Enclosing,
97. i. Petition of Luke Whittington to the King, for the said post, which he before held, and by great industry, made it yield profit, which it had not done before; but he was turned out through mis-information of Wm. Loving, without compensation for losses, and was traduced as having defrauded the King and Duke of York of great sums in his accounts. [1 page.]
Nov. 2. 98. Petition of Sir Roger Palmer, K.B., to the Protector, for leave to stay in town, to make up great accounts in the Exchequer, by virtue of his late office of Cofferer. Is also summoned before the Lords of the Treasury for 7 Nov., and has no other abode. Falls under the late Declaration, ordering the late King's party to leave London and Westminster, though he has lived peaceably since the surrender of Oxford. [1 page.]
Nov. 2. Order thereon in Council that he have leave to stay in town till the next term. [I. 76, p. 361.]
Nov. 2. 99. Petition of Wm. Sherman and Col. Purbeck Temple to the Treasury Commissioners. Sherman has long held the office of Registrar to the Vicar-General of Canterbury, with the institution of clerks to benefices, the granting of marriage licences, and many dispensations, and a jurisdiction of 100 parishes for probate of wills and letters of administration; he also had the registries of the archdeaconries of Exeter and Totness, 300 parishes, which was the most of his livelihood. He has shown his affection to Parliament by advance of horses and money. Having assigned ½ his office 9 years ago to his nephew, Purbeck Temple, he begs a commission to him to grant marriage licences in the province of London, or his settlement in some other office belonging to the province of London. [1 page.] Annexing,
99. i. Note that the Canons Ecclesiastical require banns published before marriage, but Bishops were used to grant licences. [Scrap.]
99. ii. Reasons for granting marriage licences: especially that it will enable parents or guardians to enter caveats against marriages without their consent. [1 page.]
Nov. 2. 100. Form of a commission suggested by the Treasury Commissioners, for appointing judges for the probate of wills for the South division of England, with full powers to determine matters relating to wills, administrations, inventories, legacies, &c., but allowing, as has been used heretofore, appeals to the Court of Chancery; with writ of assistance to all civil officers. [1⅓ sheets.] Annexing,
100. i. Instructions to the said judges,—
1. To meet in London or Westminster, and appoint an office for business and the keeping of their records.
2. To take an oath before the Commissioners of the Great Seal to proceed uprightly in the premises.
3. Each of them to administer oaths in uncontested cases, to avoid delay.
4. To have a new seal made, and instead of the legend "Sigillum Curiæ prerogativæ," to put "Seal of the Court of Probate of Wills and granting Administrations within the South division," to be kept in custody of one of the judges, only used in his presence, and a book of entries thereof to be kept.
5. The judges to have the same power of coercion as used in the Admiralty Court.
6. A registrar and actuary to be kept, and to have custody of all books and papers.
7. The registrar to keep the office in order, appointing clerks and examiners, who shall take oaths for their good demeanour, and the court to punish any evil practices therein, and make rules for reformation.
8. The judges to appoint public notaries in the several counties, who shall be sworn to faithful discharge of duty.
9. A receiver to be appointed and sworn in, to collect the profits and report non-payments, whereupon the judges have power to proceed against the parties.
10. The receiver to pay in his moneys monthly, fees, salaries, and charges being deducted, according to a Council order of 11 May 1654.
11. The profits of the seal, and all other fees and profits, to be entered in the entry book.
12. No moneys to be paid for salaries or incident charges except on warrants, which are to be duly entered, and monthly accounts of receipts to be sent in to the Treasury Commissioners.
13. The receiver to pay the judges — yearly salary, to be paid quarterly.
14. All civil officers and ministers of justice to assist the said court, as they will answer the contrary at their perils. [22/3 sheets.]
100. ii. Table of fees to be taken in the Court for Probate of Wills; by the Commonwealth, from 1l. 6s. 8d. to 2d.; by the registrar and actuary, from 5s. to 2d.; by the clerk, the same; by the receiver and sealer, from 1s. to 2d.; by the messenger, 2d. [1 sheet.]
Nov. 2. Reference thereon in Council to Montague, Sydenham, Desborow, Lambert, and Jones, to report; also references to them of reports of the Treasury Commissioners on the business of the Forests, the augmentations of Ministers, and the Committee for discoveries at Worcester house. [I. 76, p. 364.]
Nov. 2. Council. Day's Proceedings.
1, 2. On a certificate from Dr. Bates that Lady Nieuport is dangerously sick of a fever, the question whether Lord Nieuport, now prisoner in the Tower, may have liberty to be at Brook House for a week, under a guard, on his parole to do nothing against the State, passed in the affirmative, and the Lieutenant of the Tower to take order accordingly.
3. Order on report from the Committee on Lovell Scott's petition —shewing that on letters of credit sent to the Isle of Wight in 1644, for repayment in London of moneys spent on victualling Lyme, co. Dorset, then besieged by Prince Maurice, the petitioner disbursed 500l. 15s. 1d., which Parliament ordered July 24, 1648, to be paid from the receipt of the grand Excise, but it was not paid; that by order of Parliament, June 25, 1649, he was allowed to come in as a purchaser of dean and chapter lands for the said money, upon doubling; but having paid 40l. a year interest on the said 500l. (part of his lands being engaged for the same) for 11½ years, which, with the principal, comes to 960l., and being unable to advance money to double on dean and chapter lands, he received no satisfaction—that on Scott's buying from the yet remaining dean and chapter lands so much as, at the prescribed rate, shall amount to 960l., the treasurers of that receipt pay that sum to the Exchequer Treasurers, who are to give it to the petitioner, in lieu of all demands. Approved 9 Nov.
4. Order on report from the Admiralty Commissioners on the accounts of Chas. Walley [see 26 Oct. 1655]—that besides his receipts for compositions, sequestrations, and assessments in several counties, transmitted in specie into Ireland, at request of the Treasurers-at-war, there is charged on him, from 17 April 1649 to 31 July 1654, 47,755l. 12s. 6d., and his discharges are 48,723l. 10s. 10d., so that 967l. 18s. 4d. are due to him; that for 2,310l. 10s. 10d. he had no vouchers, but certified payments on oath, of the truth of which they are satisfied; but that 810l., part of the balance, is for store room, riding charges, &c., for himself and servants, at 150l. a year, which should be charged on the late Treasurers-of-war out of the assessments— that the accounts be allowed, and the balance paid by the said Treasurers, on warrants from the Army Committee. Approved 7 Nov.
5. A letter of Oct. 4, 1655, from Lord Broghill, President of the Scotch Council, referred to Lambert and the Scotch Committee.
6. A letter from Lord Broghill, of Oct. 25, 1655, referred to the Admiralty Commissioners, to consider of a fit guard of ships for the coast of Scotland, and to report.
8. A letter of Oct. 4, 1655, from Gen. Monk, referred to Lambert and the Scotch Committee.
9. The Treasury Commissioners to take speedy order that 7,000l., part of the fines on divers inhabitants of Jersey, be paid to the Exchequer by Col. Gibbon, and thence paid to the Navy Treasurer.
10. Mr. Snow, of Exeter, added to the Trade Committee, his name to be inserted in the original order.
12. Order on a report on the petition of the reduced officers and soldiers of the Isle of Man [see 21 Sept. 1655]—that one month's pay should be given them, and paid to Lieut.-Col. Biscoe on account, —for an order to the Army Committee accordingly, the same being for the time after the commencement of the last establishment, and Biscoe to give an account to Council of his payments to the persons concerned. [I. 76, p. 353.] Annexing,
101. i. Report alluded to, signed by Whalley and Goffe, 9 Oct. 1655, with the order of reference prefixed. [1 page.]
101. ii. Certificate by John Lawrence, deputy muster-master to Dr. Stanes, to the facts of the petition, and to the payment of the men up to 23 July only, whereas the order for reducement did not come to the governor of the Island till 17 Aug., and most of them landed in Cheshire on 28 Aug. Also that Lieut. Geo. Smith was authorised by the reduced officers and soldiers to receive their money for them. 8 Oct. 1655.
14. Lambert, Sydenham, Montague, Fiennes, Pickering, and Strickland, appointed a Committee to attend his Highness on the business communicated by him to Council, upon the audience of the Swedish Ambassador, and to prepare something to be further considered.
15. The Treasury Commissioners to see that 12,000l. be paid next week to the Navy Treasurer, and thereupon the restraint of 5 Oct. about issuing moneys to be taken off.
16. On report of the Treasury Commissioners that the Recorder of London cannot, as ordered, recover the 2,100l. in arrear to the State from 'the Spanish lieger, for rent of his house near Bishopsgate, because he has gone, and no goods are left in the house, order that the Customs' officers stay the said goods at Dover, or elsewhere on land or sea, till the debt is paid.
19. 102. On information by Thurloe that quantities of tools and provisions were ordered for the colony and forces in Jamaica, and provided, on credit of Martin Noel, by a Committee in London, on order from his Highness and Council, the said Committee are to send an account of the proportions and prices to the Admiralty Commissioners, who are to certify what is to be paid, and to whom, that warrants may be issued accordingly.
20. 103, 104. The Admiralty Commissioners to give order for shipping the materials and provisions for Jamaica.
21. An order of 3 Oct. last to the Army Committee, to pay 10l. to Thos. Fothergill, surgeon to his Highness's regiment, for medicines for the forces in Scotland, vacated, and a warrant advised for his payment from Army contingencies.
22. Gen. Venables' resignation of his several commands in Ireland read. [I. 76, pp. 361–6.]
Nov. 2. Council to the persons named as members of the Trade Committee. His Highness, considering the importance of the good regulation of trade, has appointed a number of persons whose ability and experience qualify them to be serviceable therein, empowering them to consider how trade and navigation may be improved. You are named as one of this Trade Committee, and desired to attend its first meeting, Nov. 27, 1655, in the Painted Chamber at Westminster. [I. 76, p. 363.]
Nov. 5.
Chatham.		 105. Commissioner Peter Pett to the Admiralty Commissioners. The Indian has all on board, and may sail for the Indies to-morrow. Particulars of ships. I send account of the remains of stores in Gen. Penn's fleet, and of beer in the George and Unicorn. Last Friday, going down the river, I spied some gentlemen on board the Naseby, and found them to be the eldest son of Lord Nieuport, the Ambassador of Holland, with other gentlemen, and a servant who has more than ordinary skill in taking landscapes and painting ships. He had drawn Upnor Castle and some part of the Naseby, and they were recommended by Col. Crompton, Governor of Gravesend, for a sight of the rest of the navy. I used them civilly, but begged they would not take it ill if I demanded their drafts, which I have sent up sealed, believing such attempts are not allowed without the consent of the Lord Admiral or Admiralty. They had a desire to take the river at the situation of the new dock, pretending it was their master's desire, but I could not suffer it without order; I told them I doubted not you would gratify the Ambassador's desire, as far as conduced to the safety of the nation. Jas. Pollard, steward of the Triumph, has been very diligent in his employment. [1¾ pages.]
Nov. 6. 106. Petition of Archibald, Marquis of Argyle, to the Protector. I have come, as in duty bound, to kiss your hands, expecting no change in particular cases in the laws and constitutions of those nations, as practised many years past; but last Thursday I was arrested at the suit of Eliz. Maxwell, widow of the late Earl of Dirleton, because in 1644 and 1645, I, with many more, became bound to her husband for meal for the armies then on foot for the good cause. Lord Dirleton accepted for this debt a receipt on the Parliament of England, and it was only by negligence that the bond rested in his hands. Being a Scotch bond, amongst Scots, and now in process before the Judges there, it is hard that a Scot should have to answer here; for the Scotch, though never so unjustly arrested, would often find it impossible to get bail here. I beg that I may be redressed in this particular, and that all suits of Scots against me may be referred to the Judges in Scotland.
With note of the Lord Chief Justice's opinion that it would be best for Lady Dirleton to withdraw the case, and leave it to the law of Scotland. [½ page.]
Nov. 6. Reference thereon in Council to the Lord President and Mr. Strickland, to understand the state of the case from the Earl of Argyle, and report. [I. 76, p. 366.]
Nov. 6. Council. Day's Proceedings.
1. Sir Rich. Onslow added as a Commissioner in the orders and instructions for Surrey.
2. Mr. Scobell to sign copies of the order for securing the peace, with the instructions with blanks, and to send them to the MajorGenerals for the several counties.
3. Montague, Jones, Sydenham, and Mulgrave, to be a Committee to consider how to find out the estates of the late King's party in the several counties.
4. Montague, Jones, Sydenham, Desborow, and Lambert, to be a Committee to consider who are fit to call to account those who have received public moneys, and what instructions they should have.
5. A letter be prepared and presented to-morrow to the Lord Mayor of London for Protestant strangers, and the like for Westminster.
6. Mulgrave, Strickland, Desborow, Rous, Skippon, Sydenham, Lisle, and Montague, to bring in a declaration for the assessment for the next 6 months, with the same sum as before, and to consider the names to be added.
7. Sydenham presents a declaration of the Establishment, with alterations which Scobell is to examine, and compare with the former Establishment.
9. The fine imposed on Lord Hartfell by the Act of Pardon for Scotland to be wholly remitted. [I. 76, p. 366.]
Nov. 6. 107. Thos. Lamplugh to Williamson. The client's greasy purse is yet in nubibus with me. I have not conversed with one good angel this term. Good Michael's angel doctrine is not canonical with my student's gown. I will tell you without fee, as you sue in formâ pauperis, that your words against Littleton (that worthy sage of the law) are actionable; therefore expect such an arrest as the proudest fellow in Queen's shall not bail you. You have to wrestle with a shrewd antagonist, who has the law in his own hands. [1 page.]
Nov. 7. Council. Day's Proceedings.
1. Order, on examination of Col. Wm. Langham and others, by the Committee appointed yesterday on a matter then in debate, that Col. Edm. Harvey be committed to custody in the Tower, and there kept close prisoner till further order.
2. The cause of his commitment to be assigned to be that, as one of the Customs' Commissioners, he has, contrary to his trust, defrauded the State of a considerable sum, and devoted it to his own use.
3. The petitions from co. Leicester concerning enclosures to be considered to-morrow.
4. Desborow, Lambert, Jones, Strickland, Mulgrave, Skippon, and Lisle, to be a Committee to consider of the powers to be granted to the Admiralty Commissioners, and to report.
5. Edw. Hopkins to be an Admiralty Commissioner. Approved 7 Nov.
8. The Committee on the business of the Protestants in Piedmont to meet this afternoon, and report. Skippon added to the Committee.
9. Order, on report from the Admiralty Judges, on the petition of Capt. John Cramp and the owners of the Consort [see 27 Feb. 1655],—that the ship, worth 8,000l., was seized by the Spanish Armada going for Carthagena, the company imprisoned, the ship and goods condemned, copies of the proceedings denied to the parties interested, and mutual protests made by the English Consul there, and the officers of the Court;—that letters of reprisal be granted to Cramp, Sadler, and the other owners, against the King of Spain's subjects, for recovery and damages, on the usual security. Annexing,
108. i. Report by Drs. Jo. Godolphin, C.G. Cock, and Wm. Clerk, that the ship was seized, and the company imprisoned and threatened with death unless they confessed both ship and goods to be French, which they did, when it was condemned. They would not appeal at Madrid, but in England, and as the claimer did not duly enter his appeal, there is now no remedy but by a letter to the King of Spain, which if not duly answered, the petitioners should be relieved by letters of reprisal or otherwise. Doctors' Commons, 16 July 1655. [1 page.]
10. Order, on petition of John Tompson, late Commander of the small Malaga Merchant, which, laden with salt, &c., to the value of 1,500l., was in her way to New England taken by the Spaniards, whereupon letters of reprisal are prayed against Spain;—that the petitioner be left to make his proof in the Admiralty Court, the Judges of which are to report their opinion.
12. Approval by the Protector of an order of 2 Nov. [I. 76, pp. 367–9.]
Nov. 7. Pres. Lawrence to the Lord Mayor of London. The Protestant strangers inhabiting in and near London, have addressed his Highness and Council, representing the danger from the rigour of the law in which they stand, by exercising their callings, being aliens. For many years it has been the honour of England to shelter those of the reformed religion who, for their conscience sake, have fled their own land, and here found a place of refuge; and as much tenderness has been shown them, as appears by the reference of Parliament, Sept. 1653, to the Council of State, and the letter from the Council of State to the then Lord Mayor, for stay of proceedings against them; and also as the Reformed churches, some of which have lately been treated so cruelly abroad, would resent any severity from us, we recommend the matter to your care, that the Protestant strangers may have liberty to exercise their trades without punishment at law, or they would be exposed to beggary. With note of a like letter, mutatis mutandis, to the City of Westminster. [I. 76, p. 367.]
Nov. 7.
Whitehall.		 Pres. Lawrence to Lord Broghill. Your letters of Oct. 4 and 25, 1655, have been read, and put in a way of resolution; the first was referred to a special Committee, and the other to the Admiralty Commissioners, to consider and report a fit guard of ships for the coast of Scotland; when they return their opinion, you shall hear further. [I. 76, p. 363.]
Nov. 8. Commission by the Protector appointing Maj.-Gen. John Lambert, Edw. Montague and Wm. Sydenham, Treasury Commissioners, George Monk, Commander-in-chief in Scotland and General at sea, John Desborow and Rob. Blake, Generals at sea, Phil. Jones, John Clerk, Thos. Kelsey, Edw. Hopkins, and Edw. Salmon, to manage the Admiralty and Navy affairs; it being needful, in these times of imminent danger, to guard the seas, preserve trade from the spoils of pirates and enemies, suppress pirates, and keep up a wellappointed fleet; also to manage the ordnance office and stores. All navy and ordnance officers to obey their orders. [I. 76A, pp. 182–3.]
Nov. 8. Instructions by the Protector, with advice of Council, to the above-named Commissioners.
(1.) To meet and consult on the affairs of the Admiralty and Ordnance Office, and to regulate them so as to further the service and redress abuses, replace corrupt and unjust officers by honest and able men, and take care only to employ such in places of trust.
(2.) To take a perfect survey of all ordnance stores and magazines, of all ships and vessels, with their furniture, of the dockyards and storehouses, and of the present management of the Navy and Ordnance offices, and report to Council.
(3.) To issue warrants for repairing and keeping in good estate ships and stores, and for the disposal of what is useless, the profit to be paid into the Exchequer for the navy.
(4.) To issue warrants for new building, furnishing, arming, and victualling ships and fleets, by advice and consent of Council; to direct the ships for guard of the seas about England, Scotland, and Ireland, to their stations, and appoint convoys, that trade may be secured, and pirates and enemies suppressed.
(5.) To certify from time to time what sums are required for the navy and stores, that we may give warrants to the Treasury Commissioners accordingly, and to take special care that the money issued to the Navy Treasurer be frugally expended; the said treasurer is to observe your orders thereon.
(6.) To appoint clerks and other officers, and allow by warrant salaries and incident charges.
(7.) To use the anchor seal for warrants, commissions, &c.
(8.) To contract for stores and ammunition, and give warrants for payment.
(9.) To execute the orders of Parliament of 22 Dec. 1652, for encouragement of mariners, and to give warrants for payment of prize money, as warrants cannot be had from the Prize Office, all money being now payable into the Exchequer. Also to pay what you judge meet to Rob. Turpin, appointed 16 Dec. 1554 treasurer for the Sick and Wounded.
(10.) To execute the powers given to the late Commissioners 20 Feb. 1653–4 about prizes; 30 Nov. 1654 about encopsing part of the Forest of Dean; and 2 Jan. 1654–5 about the Ordnance Office.
(11.) To perform all such further instructions as shall be given by us.
(12.) To order the felling of timber for the navy in the New Forest or Forest of Dean, and to dispose of the timber reserved for the navy on disposal of the late King's lands; or if it is unfit by distance or otherwise for the navy, to sell or convey it, paying the money into the Exchequer. Also to carry on the iron works for casting round shot and ordnance in the Forest of Dean.
(13.) To issue warrants to the Prize Goods' Commissioners to deliver to the Navy Commissioners ships, ammunition, or other provisions fit for the navy.
(14.) To preserve the stores from fraud, waste, spoil, or embezzlement, and therefore to search vessels, ships, or cellars for stores belonging to the State, to summon offenders, and require due satisfaction.
(15.) When needful, to call a council of war, consisting of yourselves, the Navy Commissioners, and such officers and captains of the fleet as you think fit, 7 of whom, or 13 in case of life and death, are to be a Court, to try offenders against the Laws of War and Ordinances of the Sea, administer oaths to discover the truth, give judgment, and cause execution to be done, according to the said Laws and Ordinances.
(16.) To administer oaths on navy affairs, and summon persons, and send for writings, papers, or witnesses.
(17.) To have the same powers to commit those who have abused their trust to steal, embezzle, buy, or receive the State's stores, as any High Admiral of England has had. [I. 76, A, pp. 183–7.]
Nov. 8. The form of a commission and instructions to the Admiralty Commissioners, presented by the Committee to whom it was yesterday referred, read, altered, agreed, and to be offered to his Highness. Approved 9 Nov. [I. 76, pp. 369, 373.]
Nov. 8. 110. Petition of Geo. Cony, merchant, to the Protector. My sole trade being in the dominions of the King of Spain, I am in great hazard by this sudden and unexpected difference with that nation. I, with some others, have procured part of my estate from Malaga to be shipped in a Dutch vessel, there being no other way to preserve or transport our estates, and we expect her in the Downs every hour.
As the late Act of Navigation prohibits such goods coming in strangers' vessels, we cannot bring our goods safely into the Port of London without your leave; but you lately promised me your favour on any reasonable request, therefore I beg speedy leave to bring in the ship and goods. [1 page.]. Annexing,
110. i. Parliament Order for liberty to the Hamburg ships brought in and discharged by the Admiralty Court, to unlade and sell their goods and lading, the past Act notwithstanding, 27 Jan. 1652–3. [½ page.]
Nov. 8. 111. Reference thereon in Council to the same Committee who were to consider the price of Spanish fruits, viz., Desborow, Lambert, Mulgrave, Lisle, and Strickland, to report. [½ page; also I. 76, p. 369.]
Nov. 8. 112. Petition of the Mayor and aldermen of York to the Protector. Rob. Hungate by his will granted lands, &c., in Sherburn, Leverton, and Brotherton, co. York, worth 203l. 6s. 8d. a year, for a school and hospital at Sherburn, and Sir. Wm. Hungate, the executor, conveyed the lands, and erected and replenished the school and hospital. On his death, these trust lands and 600l. came to his brother, Sir Philip, who, being a delinquent, the trust lands became forfeit to the State, though still subject to the trust, but Fras. Hungate, his infant grandchild, has the estate which was entailed. By the donor's will, if the heirs to whom the trust estate descended were Papists, the Dean of York was to nominate to the school and hospital; but there being no dean, the Commissioners for Charitable Uses transferred the power to us, and we have taken all pains therein. We beg power to let leases and improve the lands, and to have the inheritance transferred to us by the Trustees for Sale of Delinquents' Lands. With order thereon to Council, to direct an Ordinance for settlement of the lands as requested. [1 sheet.] Annexing,
112. i. Draft deed as proposed, for the transfer of the said lands to the Mayor and aldermen of York; by Rob. Barwick. [35 pages.]
Nov. 8. Reference thereon by Council to Lambert, Desborow, and Sydenham, to report. [I. 76, p. 370.]
1. Lord Nieuport to have leave to stay at Brook house, on the same terms as contained in Council's order of Nov. 2, for 6 days after expiration of the week limited by the former order. The Lieutenant of the Tower to take order accordingly.
2. The petition of the noblemen, gentlemen, heritors, freeholders, &c., of cos. Inverness, Murray, Sutherland, Ross, &c., referred to the Scotch Committee, to report.
3, 4. Order—on report from the Committee on the Protestants in Piedmont—that the 7,000l. (a part of the money collected here for their relief) already sent to Geneva, be distributed according to the discretion of Mr. Pell and Mr. Moreland, who are hereby authorised to dispose of it, and Mr. Callandrin, in whose hands it remains, is to pay it out to them accordingly.
6. Pickering and Strickland to signify to Alderman Fowke that Council advises his Highness, in case he submits not to reference the whole matter in difference between him and the East India Company, to refer it to the Judges for their advice.
7. 113. 300l. worth of timber assigned out of Somersham Park, for building Clare Hall, Cambridge.
9. A letter to his Highness from Col. Rob. Gibbon, of Nov. 2, with one enclosed, signed by Philip Marett, and dated Jersey, Nov. 1, referred to Wolsley, Sydenham, Montague, Lambert, Pickering, Strickland, Lisle, and Jones, to report.
10. The petition of Col. John Bingham, Governor of Guernsey, about the place of bailiff there, referred to the same Committee, to report. [I. 76, pp. 369–70.] Annexing,
114. i. Col. John Bingham, Governor of Guernsey, to Lord Lambert. I present you the case enclosed relating to Guernsey and the bailiff, and desire your countenance in bringing back the bailiwick in that island to its old character, and appointing Peter de Beauvoir bailiff; I have sent a petition to his Highness thereon. I know that it would suppress drunkenness and wickedness. Thanks for your delivering my petition about Guernsey to the Council. 6 Nov. 1655, Lambeth. [1 page, damaged.]
114. ii. Order in Parliament, that the 12 jurists of Guernsey exercise in monthly turns the office of bailiff, the present bailiff, Peter de Beauvoir, beginning 1 Oct. next. Also that 5 of them, Jas. Guille, Mr. Blundell, Thos. Carey, and Mr. Braudhaud, be dispensed with, on account of age and infirmity, and the States of the island elect others in their place. 29 Aug. 1653. [1 page torn.]
114. iii. Statement by Col. Bingham, that De Beauvoir has pursued the interests of the Commonwealth zealously during the late troubles, and suffered therefor; and that he is fit, by education and experience, for the office of bailiff. 26 Sept. 1654. [½ page.]
114. iv. Objections against the taking the office of bailiff by rotation, as vilifying the office, admitting to it some who have not shown [fidelity] to the Protector; and arguments in favour of De Beauvoir, as having been a prisoner for his fidelity, always opposed to Levellers, and as having [discovered] to Parliament 200l. a year of the late King's [property. Scrap torn.]
Nov. 9. Council. Day's Proceedings.
1. To advise this instruction to be added to those for the Admiralty Commissioners, that they have power equal to that of a High Admiral, to commit any they shall find to have abused their trust, by countenancing or practising embezzlement of State stores.
2. To advise a Commission under the Great Seal, constituting the following persons auditors, and empowering them to call to account all treasurers and receivers of State money since 1642, and to examine and audit accounts, and send for any witnesses, books, or papers, and report, and to proceed further according to instructions from his Highness and Council, viz.:—
Sir Wm. Roberts.
John Upton.
John Clarke.
Wm. Jessop.
John Stone.
Barth. Beale.
Peter Brereton.
Wm. Maddison.
6. Two good rooms on a floor to be forthwith built for the Council's convenience; Jones and Strickland to direct the surveyor.
7. Mr. Maidstone, his Highness's steward, and Mr. Waterhouse, to call before them all claimants to the stables at the Mews, and to clear them, that they may be reserved for his Highness's use.
8. The Admiralty Commissioners to enquire what Bibles were sent for the soldiers in the West Indies, on the order of 9 June last for 2,000, and examine the bill, which Martin Noel is to pay and put to account, with the rest of the provisions for Jamaica.
9. Dr. Walker's draft concerning contraband goods to be considered next sitting.
10. Pickering reports the passages between the Committee and Alderman Fowke, on their speaking with him according to yesterday's order.
11. Order—on report from the Committee on the petition of John Embree, surveyor, which was read and agreed to,—
That all workmen be discharged from working on the State's account after next Saturday.
That Embree quickly bring in his account for repairs up to that time.
That from next Saturday, the State be no further charged with repairs of Whitehall, Hampton Court, or the Mews.
That a Committee be appointed to consider how the rest of the houses belonging to the State may be kept in repair in the most frugal way.
That Embree be allowed 300l. a year for his salary for the 3 past years, and the like in future; also his fee of 38l. 10s. 0d., by patent, as serjeant-plumber, from Dec. 1642, and so in future.
12. Order—on Embree's demand for an allowance for disbursements for repairs in the late King's time, and for his fee and salary, &c., before Nov. 1652,—that 6,000l. be allowed him, from the moiety of discoveries to be brought in by him from concealed lands or goods, not remitted by the Act of Pardon; the Treasury Commissioners to receive and prosecute his discoveries, bring in the money, and certify to Council, that warrants may be issued for their paying Embree the moiety.
13. Approval by the Protector of 3 orders, &c., 31 Oct.—8 Nov. [I. 76, pp. 371–3.]
[Nov. 13.] 115. Requests to the Protector by Manasseh Ben Israel, on behalf of the Hebrew nation,—
(1.) To take us as citizens under your protection; and for our greater security, to order your chiefs and generals-at-arms to defend us on all occasions.
(2.) To allow us public synagogues in England and other places under your power, and the exercise of our religion.
(3.) To give us a cemetery out of town, for quiet interment of our dead.
(4.) To allow us to trade freely as others in all sorts of merchandize.
(5.) To elect a person of quality to receive our passports, and oblige us to swear fidelity, in order that those who come in may live without prejudice or scandal.
(6.) That we may not trouble the justices of peace with our contests, to license the chief of the synagogue, with 2 almoners, to reconcile differences according to the Mosaic law, with right of appeal to the civil law, first depositing the sum in which the party has been condemned.
(7.) To revoke all laws against the Jewish nation, that we may live in greater security.
These granted, we shall always be well affected, and pray for the success of all your enterprises. [French, 2 pages.]
[Nov. 13.] 116. Translation of the above. [1½ pages.]
Nov. 13. 117. Reference thereon by Council to the President, Lambert, Rous, Lisle, Wolsley, Pickering, and Sydenham, to report. [2/3 page. Also I. 76, p. 374.]
Nov. 13 ? 118. Report on a request for admission of Jews into England to traffic, that it is lawful in point of conscience, if certain considerations be provided for,—
(1.) The grounds urged by Manasseh Ben Israel, in his book lately printed in English, we conceive to be sinful in any Christian nation.
(2.) The danger is great of seducing the people of this nation in matters of religion.
(3.) Their having synagogues and places of worship is evil in itself, and scandalous to Christian churches.
(4.) Their practices about marriage and divorce are unlawful, and will be of ill example.
(5.) They are proved not to make conscience of oaths made or injuries done to Christians.
(6.) The inhabitants of London suggest that it will be very injurious to trade.
We therefore consider,—
i. That they should not be admitted to public judicatories, civil or ecclesiastic, which would grant them terms beyond the condition of strangers.
ii. They should not speak or act to the dishonour of Christ or His religion.
iii. They should not profane the Christian Sabbath.
iv. They should not have Christian servants.
v. They should bear no public office or trust.
vi. They should print nothing in our language opposing Christianity.
vii. They should not discourage any who try to convert them, but there should be a severe penalty on any apostatizing to Judaism. [3 pages.]
Nov. 13. Council. Day's Proceedings.
1. Thursday next, Nov. 22, to be set apart for seeking God in fasting and humiliation.
2. Pickering to be desired to send to Messrs. Carill, Lockyer, Carter, and Sterry, to assist on that day.
3. Rous, Sydenham, and Wolsley to quickly bring in a declaration for a day of humiliation throughout the whole nation, on Nov. 22.
4. To advise his Highness to send an agent into France.
5. Wolsley, Jones, Pickering, Sydenham, Rous, and Strickland, to consider the proposition made by his Highness this day concerning tithes, and how it may be made practicable, and to report.
6. Reference to Sir Wm. Roberts and the other Commissioners for regulating Excise, with John Upton and Edw. Horsman, of the matter of Customs for which Col. Harvey and Capt. Langham are under restraint, to examine the whole accounts, with an eye to seizures, deposited moneys, short entries of receipts, or moneys lent to private uses, and to send for such persons, books, and papers, as they see cause, and propose what they think necessary to accomplish the service, and to report. [See 28 Nov. 1655.]
7. Desborow, Sydenham, Montague, Jones, and Wolsley, to speak with some of the Customs' and Excise Commissioners about the matters in the foregoing order, and what instructions will be further necessary, and to report.
8. Sydenham, Montague, Desborow, and Lambert to speak this afternoon with the Lord Chief Baron and the counsel learned concerning how to proceed against Col. Harvey's estate, and to report; also to consult them as to what should be done with the estates of those engaged in the late insurrection.
9. Order—on reading the draft of an order taking notice of Capt. John Cressett's proposals for discovering several frauds in purchase of the late King, Queen, and Princes' lands, fee farm rents, &c., and of an allowance of 1/5 to the discoverer,—that a commission under the Great Seal be directed to Thos. Manby, Peter Brereton, Mr. Sydenham, Wm. Bridges, and Mark Cox, authorising them to examine the said discoveries; the Treasury Commissioners, Jones and Wolsley, to consider fit instructions to give them in that service, and to report. Mr. Secretary to bring in the draft of a commission.
11. Order—on Strickland's report that he and the Lord President have spoken with the Marquis of Argyle, and learn that he is under arrest for some money referring to a public debt in Scotland, on occasion of the Scots' first coming to England,—that Strickland, Wolsley, and Jones, send for the parties who arrested him, and for their solicitor, learn the true state of the case, and report.
Nov. 13.
Whitehall.		 Pres. Lawrence to the Admiralty Judges. A matter long depended before the late Council of State, on petition of Huett Leat, merchant, about the ship Vinegar, which, being laden in London with goods belonging to his father, Nich. Leat, value 24,000l., was seized at Milo, in the Archipelago, on her voyage to Zante, by 4 vessels of the King of Spain, and not restored, notwithstanding several sentences in courts of justice in Spain. You are therefore to issue letters of reprisal to the petitioner, on security in such sums as you think fit, for performance of conditions. [I. 112, p. 247.]
Nov. 13.
Whitehall.		 Like order for letters of reprisal to the sons and executors of the late Sir Peter Richaut, for 20,987l. 12s. 9d., lent by him 12 April 1652, to the late Spanish Ambassador in England, besides interest, and for a ship of fish taken from him and sold by the said King's order at Carthagena. [I. 112, p. 249.]
Nov. 13.
Whitehall.		 Like order for letters of reprisal to Capt. John Cramp, Jas. Sadler, and other owners of the Consent of London, value 2,200l., her lading value 8,000l., and the estimated profit of her voyage 5,000l.; but in 1642, when near Alicant, she was seized by the Spanish armada going for Carthagena, her company severely imprisoned, and the ship and goods condemned at Alicant, in spite of the protests of the English consul there. [I. 112, p. 250.]
Nov. 13.
Dover.		 119. Thos. White to the Navy Commissioners. I have been diligent and careful in repairing vessels and supplying stores. You passed my accounts 24 June, and signed an order for my payment, but the treasurer had received order to pay no money till Gen. Blake's fleet was paid. On this I went to Dover, and waited 6 weeks, came up when Blake's fleet arrived at Portsmouth, and applied again, but could get no money, for the same reason. Since then I have an account of 253l., and beg payment, as I am in debt here. I should have brought the account, but my duty here requires personal attendance. [¾ page.] Enclosing,
119. i. — to Abr. Stock, merchant of Dover. A frigate of this town coming from Malaga, laden with fruit and wine, stopped at Cadiz 17/27 Oct., but was forced to depart, as that day the Spanish armada, under Don Pablos de Contrera, arrived at Cadiz; and 3 days before also, two galleons from the Havannah, which carry quicksilver to the Indies, very richly laden with West Indian goods, plate, 900,000 pieces of 8 for the King, and one million for particular men. The English pursued the silver fleet on their leaving Havannah for Spain, but they fled to Vera Cruz, by which means the Spaniard finds himself in a great labyrinth, and the Indian trade much interrupted. St. Malo, 3/13 Nov. 1655. [Copy, 2/3 page.]
Nov. 14. 120. Establishment in detail concluded upon by the Protector and Council, for the forces in field and garrison in England and Scotland, from 15 Oct. 1655.
Summary of monthly charge,—
£ s. d.
General officers for England and Scotland 856 4 4
7 regiments of horse for England 9,372 1 4
7 " " Scotland 10,634 12 8
6 " foot for England 6,939 16 0
12 " " Scotland 13,946 16 0
The life guard for England 567 14 0
4 companies of dragoons for Scotland 830 4 0
[Artillery] trains for England and Scotland 374 7 8
Garrisons in England (2 companies in the Isle of Man, 1 at Dover, and 1 at Shrewsbury excepted) 5,619 7 4
Garrisons in Scotland 305 8 8
Contingencies for Scotland 1,800 0 0
51,246 12 0
[Book of 21 written and 11 blank pages; also I. 76A, pp. 196–220.]
Nov. 14. Note that it was read in Council, and the variations from that of 23 July found to be on orders of the Protector and Council. Approved and passed. [I. 76, p. 376.]
[Nov. 14.] 121. Note of the said variations, the additions amounting to 992l. 5s. 4d. monthly, the reductions to 1,247l. 4s. 4d., the saving being 248l. 19s. 0d. monthly. [2 pages.]
Nov. 14. 122. Petition of the Customs' Commissioners to the Protector. Col. Edm. Harvey, late a Commissioner, being under your displeasure in the Tower, and Capt. Hen. Langham, late cashier-general, under restraint, we are in great extremity in stating our accounts, which look backwards, unless we may have free recourse to Harvey, and Langham may come to us with his keeper, when required, that our accounts may be rightly stated. We think the smallness of the salary, 100l. a year only, has been a great temptation to the late cashier, and beg its increase. [1 page.]
Nov. 14. Reference thereon in Council to the Committee to whom Col. Harvey's business is referred, to report. [I. 76, p. 377.]
[Nov. 14.] 123. Petition of the justices of peace, grand jurors, and other gentlemen and freeholders of the County Palatine of Lancaster, assembled at Lancaster assizes and sessions, and of the mayor and officers of the borough towns, for the inhabitants, to the Protector. We beg restoration and continuance of the privileges of a County Palatine, as still enjoyed by the County Palatine of Chester, and to have our courts of law and equity, and have all causes pleaded therein, and not in the Duchy Court or elsewhere. The county was made palatine by Edward III., confirmed by Henry IV., and by several Acts of Parliament since. Signed by 30 justices of peace; 34 on the first grand inquest at Lancaster assizes; 25 attorneys; 15 of the grand jury for the sessions for Amounderness and Blackborne hundreds at Preston; 17 grand jury for Derby and Leyland hundreds at Wigan sessions; 15 grand jury for Salford hundred at Manchester; Rich. Sumpner; mayor, and 14 aldermen, &c., of Preston; Rob. Correll, mayor, Wm. Walsall, recorder, and 17 aldermen, &c., of Liverpool; Jas. Scott, mayor, Rob. Maudesley, recorder, and 10 aldermen, &c., of Wigan; and 379 gentlemen freeholders. [1 double parchment sheet.]
[Nov. 14.] 124–126. Petition of divers inhabitants and freeholders of the County Palatine of Lancaster to the Protector. The discontinuance for 2 years of the jurisdiction of the County Palatine, and of the Duchy Chamber of Lancaster at Westminster has caused us great prejudice, we having many suits unfinished, and others that can only be begun in the County Chancery Court, though we wish the County Palatine to be preserved. Yet as it only extends to parties and witnesses in the county, we also wish for the Duchy Court, that a more remote application may free us from the oppression of neighbours of potency and interest; also the two are united by having the same Chancellor, and by the county records being kept in the Duchy Chamber.
The late Parliament only continued the jurisdiction of both to 10 Oct. 1653, but they must have intended to renew their order, or there would be a failure of justice in causes depending. Many of us are or may be purchasers of lands and revenues of the late King, which we shall lose as to the Duchy tenures, if the jurisdiction of the Court is taken away. We beg a reinvestment of both Courts, with all their former rights and privileges. [3 copies, with 19 sheets of signatures.]
Nov. 14. Reference in Council of both the above petitions to Lambert, Mulgrave, Jones, and Wolsley, who are to speak with the Lord Chief Baron, Serjeant Parker, and the counsel learned, state the case, and report. [I. 76, p. 377.]
Nov. 14. 127. Petition of William, Earl of Lothian, to the Protector. I have been in the service, civil and military, in England and Scotland, from 1637 to 1650, and am thus involved in many public debts, and have spent much of my own estate and got no relief. In 1647 the Parliament of Scotland appointed me 1,500l. out of the second 20,000l. due to the Scots' army, and in 1648 made, me Secretary of Estate, with the benefit of the Signet; but this latter was taken from me in 1652, and the 1,500l. is not paid.
I suffered much from imprisonment, quarterings, and plunderings in 1648, for opposing the engagement against England, and by wasting of my lands in 1650 and 1651. I beg payment from the Exchequer of the 1,500l., which was settled on Goldsmiths' Hall, restoration to the Signet, and a proportion of the arrears due thereon. [1 sheet.]
Nov. 14. 128. Reference thereon by Council to the Committee for Scotland, to report. [½ page. Also I. 76, p. 377.]
Nov. 14. Council. Day's Proceedings.
1. Lambert, Fiennes, and Strickland, to be a Committee on the business communicated by his Highness to Council, Nov. 2, on his audience with the Swedish Ambassador; to meet daily until they have prepared something to offer to Council.
2. The quorum of the Committee on the business of Col. Harvey and Capt. Langham, about the account of the customs, to be 3.
3, 4. Lisle, Wolsley, and Pickering to meet this afternoon with the Lord President, to consider the names of persons to speak with the Committee of Council to whom the proposals of Manasseh Ben Israel, on behalf of the Jewish nation, are referred.
5. 129. Order that the 2,276l. 3s. 3d. to be paid to the owners of the Peregrine, lost in the service [see 29 May 1655], be paid from the Navy Treasury, and the Navy Commissioners are to give orders accordingly.
6, 7. Order on a report from the Treasury Commissioners on the order of 6 Sept.,—about paying out of 2/3 of the Excise in Scotland the arrears and incident charges of the forces there, to 23 July last;—that as 96,576l. 16s. 11d. is by the said order charged on the Excise in Scotland for the said purpose, the Council in Scotland have full power to order payment thereof to the Treasurers-at-war, to be paid on warrants of the Army Committee for this purpose, and also for arrears and charges since 23 July.
8. A warrant to be issued to the Lord-Deputy of Ireland to send a deputation to Col. Bridges, to act for him as Major-General in cos. Herts, Oxon, and Bucks, to which he is apppointed, as also to cos. Norfolk, Suffolk, Essex, Cambridge, and Isle of Ely.
9. Order—on report from the Scotch Committee on Gen. Monk's letters of Oct. 4 and 14, 1655;—that what money was paid to the forces in Scotland, disbanded upon the Army Establishment beginning July 23 last, be allowed, though it extend to Aug. 20 last, according to the rates of the former Establishment. Nevertheless, concerning reduction of pay on forces now continued, the Establishment is to begin from July 23, being the same time that the English Establishment began. Also that 1,000l. a month (part of the 1,136l. 6s. 8d. arising from the disbanding ordered last October) be allowed as an addition to carry on fortifications and other contingencies in Scotland. The Army Committee to order the War Treasurers accordingly, and the 1,000l. a month to be added to the Scotch Establishment.
17. The petition to the Protector of James, Earl of Calendar, referred to the Scotch Committee, to report.
20. Mr. Lockyer's business, moved to-day by Col. Jones, to be considered to-morrow.
21. The petition of divers well-affected inhabitants of the Borough of Leicester read, and with 3 others concerning enclosures in co. Leicester annexed, referred to Lisle, Pickering, Strickland, and Wolsley, to speak with the parties that attend the business, and report what they think should be further done.
22. The petition of the burgesses, &c., of Chipping Wycomb, co. Bucks,—complaining that they are excluded from, and unfit persons admitted into the corporation by the present mayor, justices, and most of the common council,—referred to Col. Tobias Bridges, to enquire into the matter, speak to the persons concerned, examine witnesses, and certify. [I. 76, pp. 374–8.]
[Nov. 15.] 130. Statement that the Earl of Calendar, when young, willing to improve himself, travelled beyond sea, and spent most of his days in the wars of Germany and the Low Countries, where he gained eminent preferment, and a competent livelihood ; but from affection to his native country, when he heard of actings in it for religion and liberty, he laid aside his material interests, and served as Lieut.General in the Scottish armies in England in 1640 and 1641, and gained the approbation of the Parliament of Scotland, but so displeased the late King that by his means the Earl's regiment in Holland was taken from him.
In 1642 he declined an invitation from the late King to an eminent charge in his army, but engaged in assisting his suffering brethren in England; he was again Lieut.-General of the Scottish armies in England till their return in 1647, and was useful at the reducing of Newcastle, &c.
His only failure was, that in 1648, by command of the Estates of Parliament in Scotland he accepted their service, for which he suffered 3 years' banishment, his estate was ruined, and his house at Calendar made a garrison.
Since then he has been quiet, not opposing the English army in 1650 or 1651, nor corresponding with those in arms in the late risings in Scotland. He was committed to Edinburgh Castle, not for refusing to give bond to keep the peace, but for refusing to give both bond and parole, which he thought dishonourable. The rumour that he was not employed in the late army in Scotland because of jealousies between him and Lieut.-Gen. David Leslie is untrue; he wished to remain in quiet.
It is offered whether his many good services should not overweigh that one failing, as none others have been fined, forfeited, or imprisoned solely for accession to the engagement of 1648.
None are forfeited but prisoners of war on this last invasion, which he never was, and thus his case is unparallelled, for,—
1. Some who were in the engagement of 1648, and in actions since, have liberty to go beyond seas.
2. Those who are prisoners and forfeited have a weekly allowance, and he has had nothing for 2 years, his estate being seized in 1654.
3. Most of those forfeited have had their estates farmed to their wives or friends, which is denied him.
4. He who had the like charge at Worcester that the Earl had in 1648 was fined but not forfeited.
5. Divers who were fined have got themselves discharged.
6. He suffers exceedingly, because by his forfeiture he cannot stand in any court of justice.
If he had gone to the hills and joined with those in arms, his condition had been better, for they have all got discharge of fine and forfeiture, and enjoy their estates.
He begs a hearing if anything more is charged against him. Also that his evidences, writings, and moveables may be restored, his debts being great, and no interest paid for 3 years; that his stewards may pay him the 2 years' rent of his estate, and legal proceedings against him be discharged. Also that having been forced to a 7 months' attendance, he may have license to remain till 5 Dec. next. [1¼ pages.]
[Nov. 15.] 131. Abstract of the latter part of the above, adding, that he is bound, by Gen. Monk's pass, to return prisoner to Leith within 6 months after last May, unless his Highness enlarge his pass, or free him of his bond; also that he was acquitted as to the interception of a letter written by a servant of his. [¾ page.]
[Nov. 15.] 132. Information concerning the Earl of Calendar. To the same effect as the preceding papers. The information given to Col. Lilburne of his being concerned in the late risings is false, and he desires the strictest examination thereon, or of any alleged orders or letters intercepted, said to be written by him.
He hears that his leaving Holland in 1640 has been misconstrued, but he came in sincerity to serve his country. [1 page.]
Nov. 15. Reference of the said papers by Council to the Committee for Scotland, to report. [I. 76, p. 379.]
Nov. 15. Council. Day's Proceedings.
1. 133. The Lord President reports from the Committee of Council the names of persons to meet with the Committee to which the proposals of Manasseh Ben Israel for the Jews are referred, viz.:—
Dr.Goodwin. Dr.Tuckney. Lord Chief Justice Glynn.
" Owen. " Cudworth. " " " St. John.
" Wilkinson. " Whitchcoate " " Baron.
Mr. Strickland. Mr. Nye. " Mayor of London.
" Newcomen. " Carill. Sir Chris. Pack.
" Faircloth. " Carter. Sheriff Thompson.
" Bridge. " Manton. Alderman Riccards.
" Benn. " Rowe. " Ed. Cressett.
" Kiffin. " Cradock. Mr. Jessy.
" Dan. Dyke.
2. The above-named approved, and to meet on Wednesday week, and letters to be written to them, in form subjoined, summoning their attendance.
3. Two letters from Lord Broghill to his Highness of 8 Nov., by him delivered to Council, read, and referred to the Scotch Committee, to report.
4. Order that Mr. Kinnersley consider the proposal in Lord Broghill's letter of 6 Nov., to use the hangings that were at Dunottar Castle for the Council in Scotland, and certify. Annexing,
134. i. Certificate by Clem. Kinnersley thereon. In May 1654, the wardrobe goods from Dunottar Castle were delivered to me, but there were only 12 pieces of ordinary hangings, and no feather beds.
When I attended the late King to his coronation in Scotland in 1633, there were in the keeping of Sir John Achmoutie, keeper of the wardrobe in Scotland, 200 feather beds, with bed clothes, &c., and as many hangings as furnished Holyrood House, Edinburgh Castle, Linlithgow, Dumfermline, Stirling, and St. Johnston's, which, at 60 per house, a small proportion, makes 400 pieces.
I asked for a letter to Gen. Monk to assist my agent to find out these concealed goods (for Cornet Geo. Butler, sent down in 1654, could hear nothing of them), and but for me, nothing more would have been heard of them. I think you should send for a true particular of what there is, and in whose custody, and the real value, and then consider what should remain there, and what be returned for his Highness's service. If the public ministers in Scotland are allowed furnishing for their houses, will not those in Ireland expect the same ? 20 Nov. 1655. [1 page.]
5. The army establishment passed yesterday to begin from last Oct. 15, inclusive.
6, 7. The petitions of Rob. Kemp, of Clenston, co. Hereford, and of John Jones concerning Dr. Wm. Lewis' estate, referred to the Treasury Commissioners, to report.
8. The several petitions of John Lloyd, John Roberts, Griffith Jones, Jeffrey Parry, and Rich. Ap Robert Ap Evan, for himself, Ed. Davis, and others, referred to the Treasury Commissioners, to report.
9. Order—on report from the Trustees for forfeited Estates in Scotland, showing what James, Lord Cowper, has offered them concerning his fine of 3,000l.—that as it has been reduced to 750l., which sum, with other fines, is already disposed of, no further abatement can be made, and the same is to be signified to him.
13. The Committee of Council on the business of the Prize Office to send for Mr. Birch and Mr. Carleton, 2 of the Prize Officers, examine them concerning the deposited moneys there, and report.
14. 135. The power of Rich. Hutchinson as Navy Treasurer expiring 31 Dec. next, the Admiralty Commissioners are to treat with him about the proportion of his salary for next year, and report what should be allowed him.
15. Order—on report from the Committee on the Marquis of Argyle's petition, showing that the debt for which he was arrested arises from provisions taken up on the public account, and that Mr. Maxwell, the original creditor, has security for the debt assigned him by Parliament—that the former Committee speak with Lord Chief Justice Glynn on this day's debate, and report. Lambert added to the Committee.
16. Order—on a report from the Committee on the petition of the wives and daughters of the officers and soldiers in Jamaica—that Fras. Hodges, treasurer for that service, give them a month's pay, and tell them to expect no more till they are on shipboard to go to Jamaica, when those who embark shall receive another month's pay for their encouragement, and to advise a warrant for payment of the sum required to Hodges.
17. Order—on a paper from Lord Nieuport—that the Customs' and Excise Commissioners allow his agent to take up 8 hogsheads of French wine and a hogshead of vinegar sent from Zealand in a manof-war, Capt. John Bankert, master; also 2 ames with Rhenish wine sent from Holland under Capt. Vyghall, marked N.P., custom free.
18. The Council of State having voted Nich. Lockyer 200l. in lands for his services, which he was to have from dean and chapter lands, 2,100l. was paid him from Council's contingencies that he might purchase the same, on which he contracted for Hambleton and Blackwell manors, co. Worcester, for 2,414l. 1s. 8½d., paid the money and had them conveyed, but it appears on survey that there were mistakes in the value, and that the lands are charged with payments to charitable uses, whereby he cannot have the benefit of his purchase, though he has expended several sums thereon:—Order that he shall receive 2,500l. out of any discoveries that he make to the Committee for Discoveries, and shall then reconvey the said lands to the Commonwealth. [I. 76, pp. 378–381.]
Nov. 16. Note of reference to the Committee for Petitions, of a petition of Thomas and Val. Willis, for restoration to the place of Clerk of the Crown, granted them by patent. [I. 92, No. 507.]
Nov. 16. 136. Petition of Susanna, widow of Dr. John Bastwick, to the Protector. Parliament on 16 Nov. 1654 voted me the 5,000l. ordered by the 2 former Parliaments out of the estates of those who had so unjustly proceeded against my husband, but only 4 of the parties were living, and they pleaded that the State had already sold and disposed of their estates, and therefore should pay the money, but Parliament ended before payment. On appealing to you, your Council ordered me 20s. a week, and referred me for further relief to Mr. Rous, and Cols. Sydenham, Montague, and Jones, but they say they can think of nothing further for me. I beg help, or I cannot maintain my 2 sons at the University. My husband was an eminent sufferer, and I am "a gentlewoman, and was choicely and tenderly bred." Instead of the 5,000l. ordered, I ask 1,000l. from the Treasury, beside the 20s. a week, or else 5l. a week. With special reference 9 Nov. to Council, his Highness intending to consult with them thereon, on notice given him by Mr. Secretary. [1 sheet. See also 26 May 1655.]
Nov. 16. Order thereon in Council to advise 20s. a week additional for her, making 40s. with what is already granted. [I. 76, p. 383.]
Nov. 16. 137. Petition of Rowland Pithie, master of the Marigold of Newcastle, to the Protector and Council. By virtue of a Council order of 7 Aug. last, to Wm. Johnson, Mayor of Newcastle, and others, I bound myself to bring from thence to the Tower, guns, arms, and ammunition, and Johnson and 2 others contracted with me for 150l. freight. Having delivered the goods and been at great charges, I beg payment forthwith. [1 sheet.] Annexing,
137. i. List signed by Wm. Johnson, Thos. Bonner, Geo. Dawson, and Wm. Taylor, of the guns, &c., to be carried in the Marigold, with receipt thereof by John Falkener, ordnance officer, 17 Oct. 1655. [1¼ column.]
137. ii. Contract by the same for their carriage, Newcastle 8 Oct. 1655. 3 signatures and seals. [1 page.]
137. iii. Charter party indented for their conveyance, 3 Sept. 1655. [1 sheet.]
Nov. 16. Order in Council for a warrant to pay 150l. freight to Pithie out of the Army contingencies, and for the Treasurers-at-war to pay the said sum to Wm. Walker, that he may pay it to Pithie. [I. 76, p. 383.]
Nov. 16. 138. Petition of Thos. Rich, and 43 other merchants and wellaffected people, to the Protector. We and others, having causes in the Admiralty Court for matters done at sea, or contracts on bills of lading, have been latterly obstructed by motions for prohibition, and actions at common law for the same things, which will obstruct commerce unless remedied, as common law declares such contracts to belong to the Admiralty Court only. Such a case of clashing being debated on 22 Feb. 1632–3, all the then judges of England, and the Attorney-General declared the cases to belong to the Admiralty Court.
As common law cannot relieve us, we beg to be heard by your Highness in Council, in presence of the judges, and the Admiralty Judges, that justice may not be obstructed. With reference thereon to Council for a speedy hearing, 24 Oct. 1655. [11/8 sheet. 44 signatures.]
Nov. 16. 139, 140. Two copies of the above. [11/8 sheet.] Annexing,
140. i. Copy of an Order in Council of 18 Feb. 1632–3, referring similar cases to the Admiralty Court. [1 page.]
140. ii. Particulars of a debate on one of the cases in dispute, viz., that of Thos. Rich v. Phil. Ricott, both merchants of London, about a contested contract beyond sea. [2¼ pages.]
Nov. 16. Reference thereon in Council to Lambert, Montague, Jones, Sydenham, Fiennes, Strickland, Mulgrave, and Rous, to report. [I. 76, p. 384.]
Nov. 16. Council. Day's Proceedings.
6. Order—on petition of Ant. Deane, against whom several actions of the case on a promise for 1,060l. are brought in the Upper Bench, in the names of Nich. and Wm. Strobant, John Pepperman, and Englebert Delnolder, on which judgments are had—that as the plantiffs are inhabitants of Brussels and subjects of the King of Spain, so as the said moneys, by the embargo granted against Spain, belong to the State, the Attorney-General move the Upper Bench for stay of execution of the said judgment, till this business be examined. Approved Nov. 16.
7. The Treasury Commissioners to examine the business concerning the several actions brought at law by the above-mentioned persons against Ant. Deane, and to report.
11. Lambert, Sydenham, Montague, Desborow, Rous, Jones, and Strickland, to consider the business in debate to-day, concerning giving leave to import goods from Spain belonging to English merchants in foreign bottoms, and to report.
12, 13. The petitions of Rich. Pendarvis, merchant and citizen of London, and of Thos. Williams, merchant, referred to the same Committee.
14. The petition of the justices, sheriffs, grand jury, and gentlemen of cos. Durham and Northumberland, and of the mayor, aldermen, and inhabitants of the city of Durham, referred to Rous, Lambert, and Montague, to report.
16. To advise payment of 2,000l. to Frost for the Council's contingencies, for sadaries, &c., to the messengers of Council. [See warrants for payment.]
18. The paper this day delivered to Council, called "Proposals humbly conceived for his Highness's service," and another paper annexed, referred to the auditors lately nominated by his Highness and Council, to be made use of as they think fit.
19. Order—on report from the Committee on the petition of Geo. Coney, merchant of London, for liberty to import Spanish wine in a Dutch ship—to signify to him that Council thinks not fit to do anything in the matter at present, since the granting thereof would be against the Act of Navigation.
21. The petitions of Sarah Penruddock, 7 years old, and of Arundel, widow of John Penruddock, with that of Rich. Berry, to the Commissioners of Enquiry, concerning the estate of the said John in co. Dorset, and the Commissioners' certificate thereon to the Lord Chief Baron and other barons of the Exchequer, referred to Capts. Burgess, Ludlow, and Dewy, and Edw. Butler, to examine what is said concerning a deed indented of Jan. 4, 1653–4, and the validity thereof, and to report.
22. The Admiralty Judges having forborne—on the late order about proceedings on the claims of Spaniards—to proceed in the case of Thos. Cheston and others, concerning the Ann, seized by the privateer Prosperous, are ordered to proceed in the cause, it being prosecuted at the instance of the Prince of Condé.
23. Order that—whereas the Quartermaster-General of the Army had formerly, beside 10s. a day to his assistants in Scotland, 23s., but was reduced to 5s. by the late establishment, because he was to command a troop of horse, but none has since become vacant—his former pay of 23s. be continued till the said troop or some other employment be settled upon him; the Army Committee to issue their warrants accordingly.
24. Order that—as the younger sons of Sir George Sands, of Kent, murdered the elder son, and he had a good estate in land which descended to the younger son, by whose execution for murder it devolves on the State—the counsel learned, with the Treasury Commissioners, consult about securing it.
25. The Treasury Commissioners to consider what should be allowed to John Brown out of such estates as shall be recovered by the execution of Sir Geo. Sands' younger son.
26. Order—on a report from the Treasury Commissioners in the case of Mich. Baker, and other messengers of the Exchequer [see 13 July, suprà], shewing that their service is to execute warrants for apprehending delinquents, &c.; that their office is very ancient and still necessary; and that they had 8l. 10s. 0½d. yearly, besides 24s. for livery fees and journeys—to request his Highness to order payment of the said salary, also of their travelling expenses when not apprehending delinquents, and their fees from persons apprehended are to be considered. Annexing,
141. i. Statement by the messengers that their fees from persons committed are,—
£ s. d.
For each commitment 0 13 4
For fetching any person committed a mile there and back 0 0 8
For the custody of contemners each day 0 6 8
For every discharge 0 13 4
21. Aug. 1655. [1 page.]
141. ii. Report of the Treasury Commissioners on which the preceding order is founded, 24 Aug. 1655. [1 page.]
27. Order that Mr. Maidstone, his Highness's steward, and Mr. Waterhouse call before them the pretenders to lodgings and stables at the Mews, and clear them forthwith for the use of his Highness. [I. 76, pp. 382–386.]
Nov. 20. Proclamation by the Protector of the peace with France. Having by God's blessing concluded a treaty of peace and friendship with France, whereby all acts of hostility, by sea or land, are at once to cease, and all letters of marque and reprisal to be recalled, we charge all persons to take notice hereof, and require all ships of war and privateers to observe the said agreement. And that none may pretend ignorance, the Admiralty Commissioners are to give notice of the premises to all the ships at sea or in port, and the Admiralty Judges to call in upon their securities all privateers who have commissions against subjects of the King of France. [I. 76A, pp. 151–2.]
Nov. 20. Order in Council that it be read, agreed to, printed, and published. [I. 76, p. 388.]
Nov. 20. Council. Day's Proceedings.
4. Order that the Sequestration Commissioners prepare lists of all persons in the several counties who have compounded, with particulars of their estates, and return it speedily to Council or Sec. Thurloe. [Also G. 195, p. 417.]
6. Order—on reading proposals for better carrying on the business relating to the late King, &c.—that his Highness be requested to issue a proclamation for publishing the matter in the 5th, 6th, and 7th heads of the orders and instructions. Annexing,
142. Proposals for better carrying on the business relating to the late King, by the Commissioners for securing the peace of the Commonwealth.
(1.) As in the 5th head, none of that party are to keep in their houses or families, as chaplains or schoolmasters, ejected ministers or fellows of colleges; and in the 6th head, no such schoolmaster or fellow is to preach in public or private under a penalty; and in the 7th, none of that party are, after a certain day, to buy any arms, offensive or defensive:—these articles should be made public by proclamation, that none may plead ignorance.
(2.) By the 4th head, the Commissioners are required to tax the persons concerned for their estates in the country, but it often falls out that a man has 50l. a year in one county, and 50l. in another, yet not having 100l. in one county, cannot be taxed; therefore he should be taxed in each county, or his whole estate charged in the county where he dwells.
All delinquents should give in a particular of their estates under a penalty. [1 page.]
7. An additional order to the County Commissioners for securing the peace read, agreed to, presented to his Highness, approved, and ordered to be sent to the Major-Generals.
8. The Lord President and Wolsley to receive from Mr. Cressett the grounds of some information given concerning the great resort to mass at the house of the Venetian Ambassador.
9. The Ordinance for abolishing all rural prebends, and some other ecclesiastical preferments, referred to the Treasury Commissioners, to hear those who follow it, and report.
10. Order on report from the Admiralty Commissioners on the petition of Azariah Husbands, and 3 other trustees for Col. Rich's regiment, concerning a house and lands at Dover [see 11 Oct. 1655] —the report being that the premises were recovered at law on a lease by the Navy Commissioners to the Navy Victuallers—that Husbands and the trustees have their purchase money out of discoveries that they shall make of moneys, &c., due to the Commonwealth; the Treasury Commissioners to enquire into the same, and to assist in bringing the discoveries to prosecution and judgment. Annexing,
143. i. Report alluded to, recommending the allowance of the purchase money, the second ½ of which was paid on penalty of sequestration, against other lands and houses which they had bought. 23 Oct. 1655. [2/3 page.]
11. A paper subscribed by Lord Nieuport, concerning several ships seized at sea, referred to the Committee on other papers sent in by him.
12. On information that several sums are owing in the Western counties for services in the late insurrections, order that the former Militia Commissioners in the said counties, with General Desborow, give a warrant for their payment from militia money, and all persons in whose hands militia money remains are to issue it on such warrants. [I. 76, p. 386–9.]
Nov. 20.
Whitehall.		 Pres. Lawrence to Dr. John Owen, Vice-Chancellor of Oxford, Dr. Thos. Goodwin, President of Magdalen College, and the rest of the visitors of the University appointed by his Highness's Ordinance. The fellows of Jesus College have presented a petition complaining against Dr. Roberts, their Principal, which Council transmits to you for examination and determination, according to justice, and the powers intrusted to you, which you are desired to use speedily, that the college may not receive prejudice by long dependence thereof. [I. 76, p. 387.]
Nov. 20. 144. Pres. Lawrence to the Major-Generals. Some of the Commissioners for securing the peace have written to know whether, in charging the estates of the parties concerned, consideration is to be had of the debts and incumbrances on such estates. His Highness and Council direct observance of the instructions already given, and do not think fit to allow defalcations for debts, &c. [Draft, 1 page.]
Nov. 21. 145. Petition of several inhabitants of Martin's-in-the-Fields to the Protector. There has been for 50 years a highway, called Hartshorne Lane, from the Strand to the Thames, which has been cleansed by the sworn scavengers; and the water from Giles', Martin's Lane, and Covent Garden, formerly running above ground, carried all the filth to Whitehall, to our great annoyance. To prevent this 20 years ago, the late King and Council and the Sewers' Commissioners ordered the said water to be conveyed underground, in a sewer, to the Thames; but 9 or 10 years ago, Col. Apsley, the owner, stopped the sewer, which caused the water to break out in our houses, and 2 children's lives were lost, but the Commissioners of Sewers ordered its re-opening. Col. Fenwick, the present owner of the soil, threatening again to stop it, we beg a full hearing of the Commissioners of Sewers, and all parties concerned therein. 66 signatures, 1 only being a mark. [1 sheet.]
Nov. 21. 146. Copy of the above, signatures omitted. [1 sheet.]
Nov. 21. Order thereon in Council that the Sewers' Commissioners consider the case seriously, hear both parties, examine witnesses, and certify. [I. 76, p. 389.]
Nov. 21. Council. Day's Proceedings.
1. 147. Order on report from the Committee on Lord Nieuport's paper, concerning several Dutch ships taken at sea, that the paper be transmitted to the Admiralty Commissioners, to speak with the Admiralty Judges and others, learn the facts of each particular case, and report.
2. Sydenham, Jones, Lambert, Wolsley, Montague, Mulgrave, Strickland, Lisle, and Desborow, to consider to-day's debate about sheriffs, and to meet this afternoon, and daily, till they are ready to report. Jones to have care of this matter.
3. The petition of many of the inhabitants of Covent Garden, and papers annexed, referred to the Lord Chief Baron, Recorder of London, Nath. Bacon, Col. John Barkstead, Lieutenant of the Tower, Lieut.-Col. White, Thos. Manby, and Hugh Peters, to examine witnesses and papers, and make proposals conducive to the redress of the grievances.
5. The report on the Earl of Clanricard's case to be considered next Friday.
6. To advise payment from the Army contingencies to John Greensmith of 8l., for fire and candles for the guards attended by Lord Lambert's regiment of foot at the Mews.
7. Mr. Embree to order that the foot guard at the Mews be forthwith repaired and accommodated with necessary conveniences (sic).
8. In consideration of the faithful service of Capt. Hen. Ogle, the Council in Scotland are authorised to set, out of the forfeited lands in Scotland, lands of inheritance yearly value of 100l., to him and his heirs, and to have the transfer legally transacted.
9. The Trustees for maintenance of Ministers to give Thos. Huggin, Minister of Lynn, an augmentation of 50l. a year. [I. 76, pp. 389, 390.]
Nov. 23.
New College.		 148. Thos. Butler to Williamson, at Edw. Norris's chambers, Lincoln's Inn. As to my voyage, my letter came one day too late, so I stay. I will take care of your things. As the ladies have given you a tide of tears, our wishes here shall send you a prosperous gale. [1 page.]
Nov. 23./Dec. 3.
Cologne.		 [Sec. Nicholas] to Jos. Jane. The news is confirmed that the King of Sweden presses the Elector of Brandenburg, who, for want of assistance, will have to make an accommodation with him which will prejudice Holland. The States' sending ambassadors to Spain will not be of service to Cromwell, but if there be a sound war between him and Spain, it may be to good purpose for the States to unite with Spain, as indeed they would be forced to do.
No order is yet given to the Admiralty in Flanders to issue commissions for taking English ships, though there are 20 menof-war at Ostend and Dunkirk only waiting commissions to sail. An envoy from Cromwell is said to have arrived at Madrid, so the Spaniard still hankers after an accommodation, or hopes that the Levellers—who have made great applications to Spain, and threaten to destroy Cromwell—may take him away. The Spaniard is confident there would be an end of designs against him, and he would easily make peace with England, if it were a republic, as probably it would be if that monster were in his grave.
Many of our friends would have the King go to Flanders without invitation, and negotiate his own business with the Archduke and the King of Spain's ministers. Some are so earnest that they would not have him wait till he knows that his presence there would not be unacceptable, which is a strange precipitation, and might beget distrust in a people that love to walk with a slow pace in affairs of consequence. If the King hastens into Flanders before he is expected, it may so disorder the ministers that they may advise him to withdraw, or it may make Cromwell the sooner patch up a peace with Spain, with the same conditions for excluding the King and his family out of all his dominions as the King of France has consented to, and what then would become of his Majesty ? Keep all this to yourself, and let me have your opinion on it.
I have seen a declaration printed by authority, showing the reasons of Cromwell's severe proceedings against the loyal party. It is penned with as much advantage as may be, and could be handsomely answered. Barrière's stay in England may be to proceed in a treaty with Cromwell for an accommodation with Spain.
The Princess Royal's journey for France in this conjuncture may be of ill effect to his Majesty's negotiations with Spain, and I suppose proceeds from French counsels, to enjealous the Spaniard that the King's inclinations and engagements are so much affected to the French, as to impede his negotiations with Spain. I think Sir Alex. Hume too sincere in his affection to the King to have had any hand in persuading the Princess to the journey. Heenvliet and his lady are extremely averse to it, but on private grounds.
It is strange the Prince of Orange's greatest enemies should make Prince William Field-Marshal, and Nordwick Governor of Sluys. Who is to be governor of the Busse ?
I hear Cromwell is in great want of money to carry on his preparations for the spring, and satisfy the seamen and land soldiers. I have not yet been abroad since this last fit of the gout. [3 pages. Holland correspondence.]
Nov. 23./Dec. 3. John Adams to Pieter Hacker, London. Some captains of this nation who were in the States' service against you by sea in the late war, and are now cashiered, endeavour to get owners for ships of war to sail from Dunkirk with C. S's. [Charles Stuart's] commissions. He has applied to the King of Spain, who, he hopes, will suddenly embrace his interest, and call him to Brussels. His party promise themselves restoration by the Spaniard, and begin to rendezvous in Brabant. The imposition laid on their brethren in England much troubles them. They say such a contribution to C. S. would free them out of slavery, for so they call a good and Godly Government. I am going to Rotterdam, where some persons are entrusted by C. S. to try what moneys can be procured of the merchants for setting forth ships from Flanders, promising the lenders that their goods shall be free, besides great pennyworths shall be sold them of prize goods. I expect to learn the names of those who comply. [1 page. Flanders correspondence.]
Nov. 26./Dec. 6.
Antwerp.		 — Birford to [Sec. Nicholas ?]. All the birds are flown from Mardyke. I can now open what the King of Scots is about. Before leaving Dunkirk, I met Ormond's secretary, who told me the King has sent to Spain offering great service by sea and land if that King would let him have Dunkirk and Ostend. A pledge for this is that he doubts not but many of the ships of England will come to him there, and it is convenient for landing parties in England, which may hinder the assistance of England to the French army. The secretary treated with the Admiral of Ostend, my acquaintance, who told me all this, and undertook to give the King 8 ships. The King will come to live near Dunkirk if this be granted, which will not be till war is declared between England and Spain. All the King's hopes are in this war, and the Cavaliers are gathering about it.
The Archduke is in the field near Condé, which we had hoped to take, but the French are so prosperous, there are no hopes of a peace. The Spanish fleet has left 3,000 men in High Spaniola. The King of Sweden has taken Cracow and has all Poland in his hands, and has sent to the Emperor for quarters for 30,000 men.
The Pope expects the ambassadors about the peace, of which there is no appearance.
Shall I send the Irish officers and soldiers to join with the French army?
I shall remain here till the Archduke comes to Brussels, which will be soon, and then meet my brother, and know all. When you send me any money send it by post, but alter the handwriting, and say the gentleman's brother sends it. Be sure you have the bond cancelled. My surety is Mr. Dekens, at the Shears, Maypole Alley, near Newmarket. [2 pages. Flanders correspondence. The italics are cyphers, decyphered by Nicholas.]
Nov. 27. 149. Petition of Dorothy, widow and executrix of Sir John Manwood, to Council. In 1643 my husband, by license of Parliament, went to Holland with his household stuff, and since died. This summer, I was allowed to go to fetch the goods, on oath by 3 persons of quality, that they all came out of England, and were Sir John's. They are in the Port of London in 79 baskets, trunks, &c., but the Customs' Commissioners refuse to allow them to be delivered till they are appraised, and customs paid. I beg an order for their free delivery. [1 page.] Annexing,
149. i. Schedule of the goods, viz., furniture, apparel, glass, 12 cases of old pictures, a bundle of maps, and a suit of arms, laden in the Philip of Dort. [¾ page.]
Nov. 27. Orders thereon that the Commissioners of Customs and Excise deliver the goods free to Lady Manwood. [I. 76, p. 392.]
Nov. 27. 150. Petition of Arnold Beake, merchant of London, to Council, for license to transport a horse to Bordeaux for his son Samuel, who resides there as his factor, horses being scarce in those parts. [2/3 page.]
Nov. 27. Order for a license accordingly. [I. 76, p. 393; I. 112, p. 254.]
Nov. 27. 151. Petition of John and Thomas Georges, mayor and recorder, and of the burgesses and other inhabitants of Taunton, to the Protector, for his assent to the augmentation of 50l. a year each, granted by the Trustees for Maintenance of Public Preachers, to George Newton and John Glanvill, ministers of Magdalen and James respectively, who have not 60l. a year. The town is large, full of inhabitants desirous of the best things, and ever faithful to the Commonwealth. [1 page.]
Nov. 27. Order thereon in Council, allowing the said augmentation. [I. 76, p. 393.]
Nov. 27. Order and Declaration of the Protector and Council, in the usual form, for an assessment of 60,000l. a month, from 25 Dec. 1655 to 24 June 1656. [I. 76 A, pp. 162–6; I. 76; p. 391. Also Collection of Acts, Record Office Library, 498 F, Vol. 2, No. 95, 13 pages printed.]
Nov. 27. Council. Day's Proceedings.
1. Order,—on report from the Committee touching deposited moneys for Prize Goods,—that the Prize Goods' Commissioners, out of the moneys deposited in their hands, pay into the Exchequer by next Friday 20,000l.; and from what remains, satisfy those who have already received decrees of restitution. If, on clearing their accounts, it be found that they have not money to satisfy all, his Highness and Council will take care to have the same satisfied, and them indemnified. The like order to be taken for those who in future shall obtain decrees for restitution, and for the Commissioners' indemnity.
2. To advise an order to the Treasury Commissioners to pay the Navy Commissioners 20,000l., ordered to be paid in by the Prize Goods' Commissioners, to pay for the ships in the Channel, being part of the list of 40 ships formerly ordered to be provided. Approved 27 Nov.
4. The petition of Francis Smith of Chelsea, Middlesex, referred to Sydenham, Strickland, Montague, and Jones, to report.
5. Harman Barnes, gunsmith, to have liberty to exercise his trade, notwithstanding the prohibition to delinquents to keep arms in their houses, and to send in monthly to the Major-General of Middlesex and Westminster an account of what he has made, what sold, and to whom.
6. Reference to Strickland, Mulgrave, Jones, and Rous, of this day's debate on the minister of Great Brickhill, co. Bucks, to which Mr. Mead was presented by his Highness, and another by Mr. Duncombe, on pretence of being patron, and they are to speak with Duncombe thereon, and report.
7. Order,—on report from the Committee on the Marquis of Argyle's arrest at Eliz. Maxwell's suit,—that Eliz. Maxwell, Countess of Dirleton, be enjoined to forbear further prosecution of him or his bail, and to take her remedy in Scotland, where the laws are open to her as formerly.
8. Order on a letter from the Commissioners of co. Lincoln,— asking whether they are to tax delinquents' estates as now they find them; or to look back to Nov. 1, 1653, and tax them in whomsoever's hands they find them, though really sold; or whether only to certify the same,—that the tax is to be laid according to the estate which each person had in Nov. 1653, to be charged on and paid out of such estate as he now has.
11. Order on petition of Col. Edm. Harvey, prisoner in the Tower, that he have the liberty of the Tower, and the Lieutenant give order accordingly.
12. Sydenham, Montague, Mulgrave, and Strickland, to bring in an instruction according to to-day's debate, on the 3rd query mentioned in the letter to Mr. Secretary, from the Commissioners for executing his Highness's orders for securing the peace in co. Lincoln. Mr. Secretary to assist.
13, 14. The letter to Mr. Secretary from Major-Gen. Butler and the Commissioners of co. —, referred to the same Committee, to report. Also letters to the President from the Commissioners for securing the peace in Norfolk and Suffolk.
18. 151a. Order,—on a paper from Lord Nieuport, representing the seizure of the Treveer and 11 other ships in London by Timothy Pye, the same belonging to the inhabitants of Middleburg and Flushing,—that the paper and attestations annexed be referred to the Admiralty Commissioners, to report.
19. The petition of Rob. Swanley, late Commander of the Henry Bonaventure, betrayed at Trapani to some Dutch men-of-war by the Governor there, after promise of protection, for an allowance of 2/3 of such discoveries as he shall make towards reparation, referred to the Treasury Commissioners.
20. To advise the suppression of the Privy Seal letters of 19 Sept. last, ordering 80,000l. a year to John Maidstone, steward of his Highness's household, for its necessary charges, and the issue of warrants for 64,000l. instead from the Treasury; the remaining 16,000l. to be paid to Wm. Jessop, Clerk of the Council, to be issued by him on warrants from his Highness.
21. Order,—on report from the Committee on the Earl of Berkshire's petition,—that the Treasury Commissioners consider it, and also the petition of his creditors, and report.
22. The order of 12 Oct. last, for payment of 400l. to Elizabeth, widow of Major-Gen. Heane, renewed.
24. Order on petition of the well-affected of Haverfordwest,—complaining of the election of a Malignant to be an officer, and of some contemptuous proceedings there in reference to the late proclamation against Malignants bearing office, and particularly by Thos. Davids and Wm. Walter; also on a paper representing the sufferings of John Sharpe, for prosecutions made by him on the State's behalf, and that John Davies continues town clerk, notwithstanding his disaffection and the miscarriages charged on him; and setting forth the advantage given to disaffected persons by the power committed to Walter:—That Col. Rowland Dawkins, James Phillipps, Arthur Owen, Samson Lort, Jenkin Lloyd, Rowland Gethins, and Rich. Browne, examine if the facts alleged are true, and report. [I. 76, pp. 391–4.]
Nov. 27.
Whitehall.		 Council to the [Lord Mayor of London]. As the peace with France is to be proclaimed to-morrow by the heralds, that it may be done with the usual solemnity, you are to meet the heralds at Temple Bar at 11 a.m., and accompany them with the city maces to the places customary for publication. [I. 76, pp. 394–5.]
Nov. 28. 152. Petition of the inhabitants of Wintringham, in the East Riding of York, to the Committee of Trustees for maintenance of Ministers at Westminster, for augmentation of their minister's maintenance. Their parish is large, with several hamlets belonging to it, but the maintenance was never more than 15l. a year in the best times, for which cause the cure has been mostly served by very weak and insufficient ministers, and for months past, has been deserted altogether. [1 page.]
Nov. 28. Order in Council confirming a grant to the Wintringham minister by the said trustees of 20l. a year augmentation. [I. 76, p. 395.]
Nov. 28. 153. Petition of Wm. Memprisse, minister of Leconfield, East Riding of co. York, to the Trustees for maintenance of Ministers, for a grant of 23l. a year, from Monkfriston rectory, late part of Wistow prebend, co. York, his present maintenance being only 16l. a year, "so small a competency as no man can comfortably subsist." [2/3 page.] Annexing,
153. i. Certificate by Rob. Orme, Fras. Grimston, Jeremy Garthwaite minister of Carnaby, and Thos. Chrozer minister of Bridlington, to the ability and godliness of Wm. Memprisse, 25 Oct. 1655. [2/3 page.]
Nov. 28. Order in Council on report of the Trustees for Ministers, granting 23l. a year more to the minister of Leconfield, and 20l. to that of Wintringham, both co. York. [I. 76, p. 395.]
Nov. 28. 154. Petition of William, Earl marshal of Scotland, to the Protector, for release on security for quiet demeanour. Has been 4 years in restraint, and 18 months undergone an irksome and chargeable imprisonment in the Tower, to the ruin of his health, and consumption of his allowance. [2/3 page.]
Nov. 28. Order in Council on this petition, and the certificate of 2 physicians as to his indisposition, that he have his liberty for a week, on good bail to be taken by the Lieutenant of the Tower. [I. 76, p. 398.]
Nov. 28. Council. Day's Proceedings.
1. The grant by the Trustees for maintenance of Ministers of an augmentation of 50l. a year to Geo. Hughes, minister of Plymouth, approved.
3. Order—on report from the Committee on the petition of divers of the jurates and Common Council of Sandwich, Kent—that the election of Sandwich magistrates on next Monday be put off 3 weeks; and that the town clerk attend the Committee with the town charter, and such orders as have been made for restraining or enlarging the votes of the commoners, by Parliament, the late Council or the Lord Wardens [of the Cinque Ports].
4. Sir Wm. Roberts, John Stone, Gervas Bennet, Adam Baynes, John Bockett, and John Price, Excise Commissioners, to whom the management of wine licences was referred Oct. 31, 1655, to be agents for wine licences till further order; Mildmay, Case, and Bodarda, the former agents, to deliver up to the above on demand all papers concerning the licenses, as also the house in Fleet Street and its furniture, or to attend Council and show reasons to the contrary. Approved 30 Nov.
5, 6. Order on the representation of the Committee for preservation of Customs, on petition of the merchant adventurers of Bristol—that calf skins and Welsh butter being their two chief exports, and allowed by the Book of Rates of 1642, the Committee for the Navy and Customs in 1645 and often since allowed their export, and quantities were exported till 1652, when Mich. Measy informed against several of them in the Exchequer, on pretence of a prohibition by ancient Acts of Parliament: that their case was referred to the said Committee for the Navy [and Customs,] and by them to Parliament, who stayed proceedings, and in Jan. 1652–3 the Exchequer Court ordered the informer to cease his prosecution, and the Navy Committee discharged the petitioners also: that like orders were given by the Indemnity Committee and the Committee for Parliament for petitions, who dismissed the informer with costs, yet he prosecutes them again in the Exchequer, and judgment is ordered against them unless they appear by a certain day:—That the Attorney-General order non-prosecution in that court also, and that the petitioners have leave to export calf skins on paying the rates. Also that the whole business of the export of calf skins be referred to the Committee for Trade, to report.
7. John Rogers, now restrained to a private house in the Isle of Wight, to be removed to Carisbrooke Castle, and the DeputyGovernor of the island to see it done.
9. Order—on petition of Christian Kinippell of Stettin, Swedish merchant, concerning his arrest at the suit of Thos. Papillon and others, and prosecution in the Court of Upper Bench, whence a prohibition is sought for staying his proceedings in the Admiralty, where the matter is properly cognizable—that the Committee of Council on petitions of several merchants concerning prohibitions be desired to hasten their report, and that they consult with Lord Chief Justice Glynn and the counsel learned, whether proceedings in this case may be stayed till a general rule is laid down.
10. Order—on a petition concerning some Swedish ships taken in the West Indies by our fleet—that Gen. Penn certify to Council what Swedish ships were taken, and the state of their cases.
12. Lambert, Fiennes, Lisle, Wolsley, and Sydenham, to consider the several petitions of prisoners delivered to Council by Mr. Bacon.
13. An instruction to be prepared for the Majors-General and the Commissioners of the several counties, to see if any money due to the State remains in the hands of private persons, and report.
14. Desborow, Sydenham, Montague, and Wolsley, to consider what Desborow offered to-day concerning those imprisoned on the late rebellion in the western counties, and now under his charge as Major-General, and the disbanding of some companies raised in the said counties, and to report.
15. 155. Order that as 96l. is due to Sturley Kedgwin of Colford, for charges of a commission about the Forest of Dean, executed at his house in 1641, and as 53l. remains in Major Wade's hands, on account for materials of works demolished at Gloucester, the Major pay this balance by order of the Admiralty Commissioners, who are to direct its payment to Kedgwin.
16. The petition of Wm. Greenhill, preacher at Stepney, co. Middlesex, referred to Montague, Sydenham, Desborow, Lambert, and Jones, the Committee to whom a report from the Treasury Commissioners concerning ministers' augmentations was referred, to report.
19. Sydenham and Montague to consider Mr. Frost's list of warrants charged on the Council's contingencies and not yet paid, and report which must be paid speedily.
22. Order on report on the business between Col. Harvey and Capt. Langham, and a certificate of the Commissioners for regulating Excise and Customs, on an order of 13 Nov.—with a state of the accounts of the Commissioners of Customs and the proceedings of the referees, together with propositions by them made, and the opinion of the Commissioners of Customs thereupon—that a charge be sent to the Customs' Commissioners, with a salvo to any surcharge that may hereafter be added. Annexing,
156. i. Certificate by the Commissioners of Customs, &c., alluded to, that up to June 1654 there was 435l. 12s. 10d. due to Harvey and Langham; that their receipts from 24 June 1654 to 29 Sept. 1655 were, —
£ s. d.
562,185 5 7¾
Their payments for that time 507,493 2 5¾
Leaving in hand 54,690 3 2 (sic.)
from which the 435l. 12s. 10d. should be deducted, but that they suspect other receipts may be found in surcharge; they will also make further enquiries into the disbursements. Meanwhile, they recommend,—
(1.) That Langham have his liberty, that he may be able to clear his accounts with collectors of customs, who are come to town on purpose.
(2.) That the books and vouchers relating to Customs in the hands of Council restored to the Commissioners.
(3.) That the account of Col. Harvey and participants be closed 29 Sept. last, and a new account carried on in the port of London and the out-ports. 27 Nov. 1655. 6 signatures. [2⅓ pages.]
156. ii. Proposals by the referees in the case,—
(1.) That a charge be sent to the Commissioners of Customs, with a salvo for any surcharge that may be added.
(2.) That the late referees on the business of accounts, with auditor Beale, be required to perfect the accounts with the Commissioners to 29 Sept. last.
(3.) That the referees require present payment of all sums kept out of the Exchequer.
(4.) That Langham attend at the Custom House with his keeper to perfect the accounts.
(5.) That the future management of the whole affair be considered, and the Commissioners changed. [12/3 pages.]
23. The referees in the business of the accounts, with auditor Beale, to perfect the account with the Commissioners, who are to attend them, and to follow the directions they shall receive. The referees to send for such persons and papers as they require, and to perfect the account to Sept. 29, 1655.
24. The said referees empowered to require of the Customs' Commissioners present payment of all such sums as ought to have been in the cash of the customs, and have been diverted.
25. Capt. Langham to be allowed to attend the Custom House with his keeper, from time to time, as the referees shall require him. Approved 28 Nov.
26. Order on a report from the Committee on the petitions of Thos. Duckett [see 30 Aug. 1655], and on report of the AttorneyGeneral that the petitioner deserves encouragement—the Committee having viewed some experiments upon leather, and perused his papers on the way of improving ground, and seeing no prejudice that can accrue by granting the desired patents—to request a warrant to the Attorney-General to prepare the patents requested. Annexing,
157. i. Report alluded to, signed by Desborow and Sydenham. [1 page.]
157. ii. Description by Duckett, prepared at request of the said Committee, of his proposed methods for improvement of land, by avoiding the damage of weeds and shrubs, by spreading certain ingredients on them; moistening hilly, dry, and barren ground; doubling or trebling the value of land, when the turf is too shallow to be ploughed; and raising sufficiency of rich manure, as good as lime or cattle dung. With letter to the said Committee on this disclosure of the "skin or outside of his designs." 1 Nov. 1655. [5 closely written pages.]
27. Order on report from the Committee on the petition concerning the office of Bailiff of Guernsey—shewing its antiquity, its management by a person appointed by the Kings and Queens of England, and its execution by one person till 1653, when Parliament ordered that the jurates of the Island should execute it in turn for a month, which method has proved inconvenient, and therefore the government of the Island should be restored to its old constitution, by a bailiff for life and jurates, appointed as before, and recommending Peter Beauvoir de Granges, formerly bailiff for 8 years, appointed by order of Parliament of 10 July 1647, for re-appointment—to advise Beauvoir's appointment as bailiff for life, he demeaning himself well in the execution of the office. Approved 28 Nov.
28. Order on report from the Committee on the papers presented by Mr. Haviland and Mr. De la Marck, deputies from Guernsey— desiring that the camparts and other dues to the State may be remitted; that Castle Cornet may be demolished; that the keeping of the Island may be committed to the inhabitants; that they may receive the revenue and dispose of it for public ends; that the licences for goods exported to that Island may be dispensed by the bailiff and jurates; and that the appeals from thence and from Jersey, formerly made to the King and Council, be determined by the bailiff and jurates of the respective islands, each for the other—that a letter be written to the Governor of Guernsey, signifying that his Highness and Council think fit not to grant the said proposals, as not consistent with the safety and good government of the Island; and directing the Governor to call together the wellaffected inhabitants, and tell them that if they have anything for the public advantage and safety of the Island to offer, his Highness and Council will be ready to consider thereof, when tendered in a due way, and to comply with what may tend to good ends. The Governor is also to enquire the grounds on which the proposals arose, and to report, that sober persons may be encouraged, and better notice taken of the disaffected and troublesome.
29. The following persons appointed Commissioners for Assessments,—
Kent.—Capts. Thos. Monnings, Lawrence Knott, Thos. Wilson, and Thos. Harrison; Lieut-Col. Crompton, and Major Edw. Sharpe; also Rob. Maschall, Wm. Jones, Peter Peck, Ant. Bodell of Tenterden, and Wm. Ward of Sandhurst.
Suffolk.—Benj. Gifford, Governor of Landguard Fort.
York, all 3 Ridings.—Col. Rob. Lilburne.
Devon.—Hen. Walter, Wm. Fortescue of Bucklandfilly.
Berks.—Capts. Edw. Scotton and Cannon.
Hants.—Sam. Bull.
[I. 76, pp. 395–400; also I. 76A, p. 166.]
Nov. 28./Dec. 8.
Lisbon.		 158. Certificate by Rich. Pridgeon and 5 others, masters and passengers of the Falcon, Francis, and Sea Fortune. Our ships were laden with merchants' goods of great value, and bound for Lisbon. When Gen. Colart weighed with his squadron out of Cascaes Road on 22 Nov./2 Dec., he engaged with two frigates belonging to the Commonwealth, whereupon 3 of his squadron standing in after us, we sought shelter under the forts belonging to the King of Portugal; this notwithstanding, they fired several shots at us and one broadside, and although those in the forts saw what passed, they afforded no assistance save firing two guns without shot, which was an encouragement for the enemy to take advantage against us, and can bear no other interpretation. [1 page.]
Nov. 29. 159. Declaration of the Protector. The King of Spain has lately seized English ships and goods, without the 6 months' notice agreed upon by the treaty of peace in 1630 to be given in case of war, having not only exercised for many years great cruelties to the English in Barbadoes, but now made preparations for war, and ordered the seizure of English ships; therefore an universal embargo, seizure, and reprisals have been issued against the said King and his subjects, and his Highness entreats all Princes in amity with him to restrain their subjects from sending, lending, or selling to the said King any arms or instruments of war. As the law of nations allows all such to be treated as contraband, they will be seized after due notice, and forfeited on proof that they were intended for Spain.
This declaration to be published by a serjeant-at-arms 3 days on the Exchange, London, at the time of concourse of merchants, and copies sent to all foreign ambassadors and ministers here resident. [3½ pages.] Annexing,
160. i. Note of the addition named in the following order of Council. [¼ page.]
Nov. 29. Council. Day's Proceedings.
1. Order that in the draft of a declaration concerning contraband goods, a clause be inserted including ships hired, sold unto, or designed for the service of Spain, after publication and notice.
2. The declaration recommitted to the former Committee, which is to meet this afternoon on to-day's debate, and report.
3. The same Committee to prepare a letter to the fleet, to be sent with a declaration of what they are to seize as prizes, according to the article in the Dutch treaty.
4. The Earl of Calendar's report to be considered to-morrow.
5. The petition of Col. Geo. Fenwick referred to the Great Seal Commissioners, Lord Chief Baron, and Mr. Recorder, to speak with the Earl of Bedford and Col. Fenwick, and try an accommodation between them, that neither Whitehall nor any other place may suffer prejudice by the sewer in question, and that Fenwick may not be deprived of his rights.
6. The order of Nov. 21, 1655, on the petition of the inhabitants of Martin's in the Fields, revoked.
7. 161. The information by Gen. Desborow, touching a French ship and some Spanish moneys, referred to the Admiralty Commissioners, to examine and report. Annexing,
161. i. Note that Wm. Pitchers is the informer, and the ship concerned is the Mary Rose of London, Wm. Jourdain, master. [¼ page.]
8. The drafts of landscapes taken about Rochester by Lord Nieuport's servant and his instruments—seized by some officers at Chatham and sent to the Admiralty Commissioners—to be returned to the party.
9. The proposals made by the corporation of Salisbury to his Highness, and by him referred to Council, referred to Wolsley, Strickland, Sydenham, and Jones, to enquire and report, that Godliness may be encouraged, and good government settled there. [I. 76, p. 401.]
[Nov. 30.] 162. Proposals of Wm. Cutler, Geo. Blake, and John Welden to the Protector and Council. Having gained in our trades much knowledge of customs, and wishing to advance the Revenue, we request a commission to inspect the receipt of customs and excise, and to oversee the subordinate officers. We could raise the receipts 100,000l. a year on the average of the last 5 years, without disturbance of the present rules, or introduction of anything unlawful. For our pains and expense of our officers, we only ask 2s. in the pound on the advance, if it amount to 50,000l. or upwards. If it be below, we will bear the whole expense, which will not be less than 3,000l. a year, out of our own purses, provided we may be established in the commission for 3 years. [1 page.]
Nov. 30. Order in Council, on report of the Committee of Council to whom the business of Customs is referred—that as it is convenient for the farm of silk mercery, now held by Mr. Noel at 56,000l. a year, to be taken off, which the Excise Commissioners are about to do in the best way, they think Wm. Cutler and Geo. Blake should be commissioned to survey the subordinate officers of Excise and Customs, as to exports and imports, under direction of his Highness and Council,—advising its adoption. [I. 76, p. 402.] Annexing,
163. i. Report alluded to, signed by Desborow and Montague. [1 page.]
Nov. 30. 164. Petition of Thos. Kendall and Co. to the Protector. Have prepared the Marigold for the South Sea in the East Indies, and to return to some English port. It is customary to all traders in those parts to export foreign coin, without which their commodities cannot be secured. Beg leave to carry out free 3,500l. worth of Mexico and Seville ryals of eight. [1 page.]
Nov. 30. Reference to the Committee for Preservation of Customs of the above petition, and also of that of Hen. Hunt, Thos. Barnardiston, and other merchants of London, for licence to transport 3,000l. of Spanish money to the East Indies; and of that of the East India Company to transport 15,000l., customs' free. [I. 76, p. 403.]
Nov. 30. 165. Petition of Fras. Jones and Rob. Duke, prisoners in Exeter Castle, to the Protector. We owe the very air we breathe to your clemency, and would rather be torn in pieces than stir a little finger against you. We beg you to add liberty to life, on our plighting faith and religion, and giving security for good deportment in our native country; or else to banish us, that our families may not perish by the expense of our tedious, though deserved imprisonment. With reference to Council, 2 Nov. 1655. [1 page.]
Nov. 30. Order thereon in Council that Gen. Desborow give a warrant to the keeper of the prison to deliver them, and others in prison at Exeter on the late insurrection, to merchants or others, who will give security to transport them prisoners to the East Indies, not to return without special licence. [I. 76, p. 405.]
Nov. 30. 166. Petition of Capt. Thos. Foster, Governor of Middleham Castle, co. York, to Council. On 16 March last, by order of Col. Lilburne, I, with 30 soldiers, fortified the castle, to preserve the peace of the country, and prevent insurrections which were in many parts, by the then plotters against the present Government. We have continued in service ever since without pay, as an order for 2 months' pay from the Army contingencies cannot be met, so that the soldiers are in great want, and I am deeply engaged for provisions, &c., for them. I beg arrears and present support. [1 page.]
Nov. 30. Order thereon that Col. Lilburne order the accounts to be stated, take up money in the country to pay the men, disband them, and charge the sum on Wm. Walker, who pays the Army's contingencies, and that the Army Committee issue warrants for payment to Mr. Walker, on Lilburne's bill of exchange. [I. 76, p. 405.]
Nov. 30. Council. Day's Proceedings.
1. Order—on information from the Mayor of Dartmouth, that a ship of Flushing, laden at Dunkirk, and bound for Sebastian in Spain, was lately forced by leakage into Torbay, and then brought to Dartmouth, having on board goods belonging to Spain and 200 Spaniards—that Capt. Hatsell, Vice-Admiral of co. Devon, repair to Dartmouth, secure the ship and her lading, and prevent the men from escaping or doing mischief. Desborow to call to his assistance such of the forces under his command in the West as may be necessary.
2. The augmentation to Faithful Taate of 100l. a year, 50l. each for Peter's and Gregory's churches in Sudbury, Suffolk, granted him by the Ministers' Trustees in 1651, to be still continued, on account of his diligence in the ministry, though the present Trustees reduced it to 60l. Approved 30 Nov.
3. The Committee on the augmentations of certain ministers to meet next Tuesday and report on Wednesday, and Taate's petition to be then considered.
5. All the provisions directed by Council to be sent to Jamaica, and now to be shipped by Mr. Noel in the State's ships, to be passed by the Customs' Commissioners free.
8. Order on a paper from Nich. Pendlebury, administrator of Sir Henry Vane, deceased—that, he having entrusted Art. Stock to contract with Mr. Fenwick and Capt. Lilburne, according to order of Sept. 4, for sale to the State of the arms and ammunition in Raby Castle belonging to Vane, a contract was made, with the prices expressed, which Pendlebury confirmed, amounting to 295l. 7s., to be paid in 10 days—that the contract be confirmed by Council, and that the Treasury Commissioners consider how the sum due may be satisfied.
9. The petition of John Weykes, and certificates testifying his deserting the late King's party and serving Parliament in several expeditions, notwithstanding which security is required from him as though he had always acted against Parliament, referred to the Lieutenant of the Tower, Major-General for Middlesex and Westminster, to report.
10. Order on Montague's report from the Committee on Frost's list of the warrants charged on him and not satisfied—that, beside the 2,000l. ordered him on Nov. 16, there is present need of 1,227l. more, for payment of those sums marked by the Committee in the margin of the list, amounting to 3,227l.—to advise payment of the 1,227l. from Council's contingencies.
12. Order suspending that of Wednesday [see 28 Nov. 1655] so far as it relates to calfskins, and referring that part of the information to the Treasury Commissioners and Lord Chief Baron, to examine persons and papers, and report.
13. Order on report from the Committee appointed to consider the prisoners at Exeter taken in the insurrection, and the disbanding of the companies who were their guard, that all prisoners in Exeter and elsewhere, taken in that insurrection, be transported to Barbadoes, and other foreign plantations. Desborow to agree with merchants about taking them off, and to give warrants to their keepers to deliver them over.
14. Order that Desborow, at his coming into the West, cause the accounts of the two companies of foot guarding the prisoners at Exeter to be cast up for their arrears and stated, and pay them with the money he shall receive of the Receiver-General for the assessments in the Western counties, and then disband them; and that he repay those moneys out of the militia money found in the hands of any in the counties under his Major-Generalship, and if it fall short, report to Council.
19. The provisions of war at Bristol, as named, having been removed, according to order, to Chepstow Castle, by John Phillipps, an officer of Capt. John Nicolas, its governor, 11l. is to be paid him for expenses of removal, and the letter of particulars sent to the Ordnance Office to be put in charge.
20. To consider the report on the Earl of Calendar's petition next Tuesday.
21. Lord Nieuport's lady to have liberty to remain with her husband, who is a prisoner in the Tower, and the Lord Lieutenant to permit it accordingly.
23. Jones, Sydenham, Montague, Wolsley, Strickland, and Desborow, to consider the whole business of the arresting of some Prize Goods' Commissioners, and report what should be done.
24. The petition of Sir Anthony Cage referred to the Treasury Commissioners, to report.
25. Order on report from the Admiralty Commissioners about the trust and care incumbent on the Navy Treasurer, that Rich. Hutchinson, treasurer, have the same salary as last year, viz., 1,500l., if the sums he issue do not exceed 700,000l. in the year, and for every additional 100,000l., 100l. more. Approved 12 Dec.
26. Order on report from the Admiralty Commissioners—that Martin Noel, and the rest of the Committee sitting in London, have sent them a particular of the materials prepared for Jamaica, and of their cost, at a reasonable rate, viz., 5,368l. 17s. 5d., beside 242l. 10s. 4d. for Bibles ordered by his Highness for the colony— that the 5,611l. 7s. 9d. be paid, and the Treasury Commissioners consider how it may best be paid.
27. The petition of Owen Rowe, Thos. Loddington, and Oliver Williams, referred by the Protector to Council, referred to Jones, Desborow, Skippon, Rous, Strickland, Lisle, and Pickering, to report.
28. Approval by the Protector of an order of 28 Nov. [I. 76, pp. 402–7.]
Nov. ? 167. Petition of the Treason Trustees to his Highness's Council. By your order of 27 July 1654, we issued warrants to pay the 16,472l. 13s. 0d. due to our surveyors, &c., but 830l. 13s. 4d. still remains unpaid. By your order of 11 Oct. 1655, the treasurers are to pay all that comes in at once to the Exchequer, but we beg that these necessitous persons may first have their arrears paid. [1 page.]
Nov. ? 168. G. Holofernes to Williamson, Oxford. Your letter was a month in reaching me. I hoped to come to you, but cannot. I hear our sick friend is coming up to London to be married. I shall wait on her soon. I will send you some oysters. Tell me Oxford news. [¾ page.]
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