Volume 123: January 1656

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

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'Volume 123: January 1656', in Calendar of State Papers Domestic: Interregnum, 1655-6, (London, 1882) pp. 88-154. British History Online https://www.british-history.ac.uk/cal-state-papers/domestic/interregnum/1655-6/pp88-154 [accessed 20 April 2024]

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January 1656

Jan. 1. 1. Petition of Mich. Measy to Council. I and the late Hugh Lewis, searcher at Bristol, have for divers years at great charge prosecuted Bristol merchants on informations, for unlawful export of calf-skins, and they have indirectly tried to stop our proceedings, prejudiced the Commonwealth, and ruined their prosecutors, outing from his place Lewis, who has left a widow and 5 children ready to perish, and troubling me at the Committee for Indemnity, &c. They now endeavour to supersede the proceedings in the Exchequer, which they think are likely to go against them. I beg you to transmit the business to the Exchequer, that it may appear what is due from them to the State, and that I may receive what cannot justly be denied me. [1 page.] Annexing,
1. i. Arguments on the case, showing that the merchants endeavour to export without payment of custom, and boast of their purses, and say it is dangerous for any man to sue a corporation. The informer has spent 1,000l. in the case, and 20,000l. would be brought in to the Exchequer if it proceeded. [1 page.]
Jan. 1. 2. Order on the above petition, and a report from the Treasury Commissioners about the merchant adventurers of Bristol, that all prosecution against them in the Court of Exchequer for transport of calf-skins be stayed. Approved, 5 Jan. [¾ page; also I. 76, p. 446.] Annexing,
2. i. Report alluded to, that by 18 Eliz. the export of leather and hides is prohibited, ½ the value to go to his Highness and ½ to the suitor; but in 1642 Parliament allowed the export of a certain weight, and the late Navy Committee confirmed the order; detail of proceedings therein [see 28 Nov. 1655], and advice that as the transport is unlawful, and yet licenses were given for it, the severity of the laws should be mitigated, in case of an Exchequer judgment, but that care should be taken that leather and hides of value be not transported under colour of calfskins. 21 Dec. 1655. [2½ pages.]
Jan. 1. Council. Day's Proceedings.
2. Wolsley, Mulgrave, Fleetwood, Lambert, Pickering, and Lisle, added to Strickland and Jones, who were a Committee on the petitions of several desiring exemption from proceedings against them, on instructions to the Majors-General and Commissioners.
3. The said Committee to consider what should be done as to those counties under the respective Majors-General where the tax ordered to be imposed for securing the peace of the Commonwealth shall be short of the charge of the new militia forces raised in that county, and to report.
5. Order on Strickland's report of the petition and case of Henry Heron, that the same be not recommitted.
6. The report in the case of Lord Henry Paulet, and a certificate on his behalf by divers gentlemen of co. Hants, referred to the Major-General, who is to spare him the payment of the 1/10 of his estate, if the case be as certified. Approved 5 Jan. Annexing,
3. Report alluded to, signed by Jones and Strickland, 1 Jan. 1655–6. [2/3 page.]
7. The letter of Dec. 24, 1655, from Maj.-Gen. Worsley, referred to the Committee of Council on other letters from the MajorsGeneral, which is to meet this afternoon.
8. Two papers signed by the Army Committee and enclosed to the president, concerning arrears in the City of London assessment, and arrears in army pay, referred to Sydenham, Lambert, Montague, Wolsley, and Jones.
10. The same Committee to consider fit salaries for the Army Committee, and what number of members shall be continued in future, and report.
11. The following yearly augmentations, proposed by the Committee for Maintenance of Ministers, approved.
Bucks. To the Minister of Upton, 20l.
Hertford. " " North Mims, 20l.
" " " Wormley, 20l.
Leicester. " " Buckminster, 20l.
Lincoln. " " Sleaford, 46l. 13s. 4d.
" " " Burton-super-Stather, 30l.
York. " " Otley, 44l.
Approved by the Protector, 4 Jan.
12. Jones, Mulgrave, and Lisle to consider the paper from the Trustees for Maintenance of Ministers whereby several augmentations are proposed, and consult with them about those not yet approved.
13. Sydenham, Wolsley, and Strickland to consider whether it be a charity to give Susan Bowen 10l. on the grounds set forth in her petition.
14. The same Committee to consider the petition of Mary, wife of Stephen Pound, of the Isle of Wight, containing some demands by her husband for his wages and the hire of a vessel employed in the taking of Jersey, to learn what is due, and report.
16. Jones, Sydenham, Wolsley, and Strickland to examine Emanuel Middleton, now in custody, in whose house divers seditious books were found, and report.
19. Note of the reading of a report from the Admiralty Commissioners about a French ship, but no order. Annexing,
4. Report alluded to, on an order of Council of 29 Nov. 1655 that they have examined the matter and consulted with Sec. Thurloe thereon, but as it requires secrecy, and will be of great advantage to the Commonwealth if accomplished, they forbear writing thereon, and request Council to receive their report from Mr. Secretary. 27 Dec. 1655. [2/3 page.]
20. 5. Order on report from the Admiralty Commissioners—concerning 2 Ostend men-of-war stayed at the Downs by Capt. Bourne, on account of the seizure of Englishmen's goods in Flanders, the companies whereof were put aboard the Lyme frigate, where they have since remained at the State's charge, and are now proposed to be released on exchange,—that the said Commissioners order the the release of the said persons, in exchange for some English prisoners at Ostend, named in a paper annexed, or otherwise, as they think best. [I. 76, pp. 445–8.]
6, 6a. Order that the Admiralty Commissioners accept a bill of 60l. on the Navy Treasurer, for payment of 60l. to Bezaleel Augier for provisions taken up in New England for the fleet, and direct its payment. [2 copies, 2/3 page.] Annexing,
6. i. Order of the Admiralty Commissioners to the Navy Commissioners accordingly. 2 Jan. 1655–6. [2/3 page.]
[Jan. 2.] 7. Petition of Jas. Morley, registrar accountant to the Commissioners General of the Revenue in Ireland, to the Protector. By inquisition of 6 Nov. 1654, it appears that Cuthbert Morley, of Newton-uponOuse, co. York, being outlawed 20 July 1651, and fled, was still seized of that manor, value 63l. 9s. 4d. a year. Being heir at law and brother to Cuthbert, whose outlawry he prosecuted at his own charge, begs remission of the forfeiture, and a patent for the lands in consideration of service. With holograph note from the Protector, commending the care of this petition to Mr. Sadler, reference signed by Sadler to the Attorney General, 28 June 1655; and report by Attorney General Prideaux, that Cuthbert Morley was outlawed for felony and murder, that he held the said lands at a rent charge of 20 marks on Morley's lands in Normanby, Cleveland, but they are probably worth much more than 63l. 9s. 4d., were seized as forfeit, and are at his Highness's disposal. 21 July 1655. [1 page; endorsed on the petition.] Annexing,
7. i. Lord Deputy Chas. Fleetwood to his father[-in-law-] the Protector. I commend Morley to you, as his case has long depended in the Master of Requests' hands. He is a sober gracious Christian, and so useful here that business suffers by his absence. Pray let him obtain his suit. 24 Feb. 1654–5. [1 page.]
Jan. 2. Abstract of the above petition and reference, and further reference by Council to Col. Rob. Lilburne, to enquire into the value of the estate and the whole circumstances, and return his answer by 20 Feb. next. [I. 92, No. 419.]
[Jan. 2.] 8. Petition of John Hamilton of Hurworth-on-Tees, Durham, to the Protector. On summons, I appeared before the Committee for ejecting Scandalous Ministers, &c., in the 4 northern counties, begging a copy of the injunction against me, and leave to bring in witnesses, which was refused, and I had to make a verbal answer. The articles were for frivolous words in ordinary discourse on the late war, 1648–1650. I begged 4 hours' time for an answer, urging the danger of examining on oath on words spoken so many years ago, and pleading the Act of Oblivion, but all was rejected, and I was voted out of my rectory by 5 Commissioners named. Next day, I begged a copy of the charge, depositions, and sentence, that I might appeal to you, but they were refused, "to the great admiration of all that hear of such strange proceedings."
I beg an order to the judges of assize to be held at Durham this August 1655, or to the justices of peace, to call on the said Commissioners to justify their proceedings and to suspend the ejection, if the refusal of a copy of the charge, &c., is illegal. With order, signed by the Protector, that the petition be showed to the 5 Commissioners named, and that they report their proceedings to to Council. [1 sheet.] Annexing,
8. i. Report of the said Commissioners, viz., Rob. Fenwick, Rob. Johnson, Rob. Sharpe, Thos. Lacie, and Thos. Huntley, to Council. Hamilton was summoned before us, not merely for words, but for gross scandal. We considered ourselves judges about giving copies of the articles, and refused them because they gave the year, but not the day, and therefore we knew no negative could be proved. We thought he only wished to delay his ejectment, having forcibly thrown out one who was settled by Act of Parliament, and had a suit pending about it at Durham assizes. His carriage to us was reproachful and insolent, and he pleaded the Act of Oblivion, but it does not pardon drunkenness, quarrelling, and fighting in a minister, and he has been twice drunk since the Act. Newcastle, 6 Sept. 1655. [1¾ pages.] Annexing,
8. ii. Charge against Hamilton for drunkenness, speaking against Government, and against Leonard Wastell, whom in 1654 he turned out of Hurworth parsonage, abusiveness, &c., deposed to by 13 witnesses, 14 Aug. 1655. [2¼ pages.]
8. iii. Sentence of ejection upon him by the said Commissioners. Newcastle-on-Tyne, 14 Aug. 1655. [2/3 page.]
Jan. 2. Reference in Council of the above petition and papers to Wolsley, Jones, and Strickland, to report. [I. 76, p. 449.]
Jan. 2. Council. Day's Proceedings.
1. The Trade Committee to consider how the Statute of 43 Eliz. cap 2. may be executed for the advancement of trade and relief of the poor.
2, 3. Order—on petition of Richard, Earl of Dorset, stating that several orders have been issued by the Commissioners of cos. Derby and Stafford, one directing a particular of his estates to be given in, the other appointing his tenant to pay certain sums assessed, which he conceives to be grounded on a misinformation of delinquency, as he never has borne arms for or otherwise sided with the late King's party—that the Majors-General be instructed to discharge the petitioner if they find these statements to be true. With letters to Maj.-Gen. Worsley, for co. Stafford, and Maj.-Gen. Whalley, for co. Derby, accordingly, dated 5 Jan. Approved 5 Jan.
4. The Scotch Committee to consider Lord Broghill's letter of Dec. 20 last, and report.
6. Order—on Nich. Bond's account for the entertainment of the Venetian ambassador, his receipts being 300l. from Council's contingencies, and 5l. for wines sold, and his disbursements 268l. 4s. 2½d. —that he pay the balance of 37l. 10s. 7d. to Frost.
7. The auditors of imprest to examine his accounts as steward for the entertainment of the late Geneva ambassador, the Marquis de Lede, late Spanish ambassador, and the present Swedish and Venetian ambassadors, and certify.
8. Jessop to examine Kinnersley's bill of 29l. for disbursements, and report how it has been expended.
9. Order—on petition of Col. Edm. Harvey and his wife, on information of his ill health and the necessity of fresh air—that the Lieutenant of the Tower give him liberty to be at his house in Fulham, and not elsewhere, for a month, on security in 10,000l. to give himself up a prisoner at the end of that time.
10. To advise a commission to Col. Ed. Montague to be one of the generals at sea. Approved in person.
11. An abatement to be made of 2 men out of every troop in Scotland, toward defraying the charge of the new guard, and a letter to Gen. Monck to be written to that effect.
13. Wolsley and Jones to speak with the party mentioned this day by his Highness, alleged to have given 100l. bribe, learn the state of the case, receive information under the party's hand, and report.
15. Order on the petition of the merchants trading in Spanish wines, offering some desires concerning the price of wines, that the clerks of Council acquaint the petitioners as their answer, that the setting of price on wine is limited by statute to a time now expired.
16. The petition and papers of the Committee for the affairs of Trinity House, concerning a buoy on a sand called the Middle Ground, referred to the Admiralty Commissioners.
17. Order—on information that the Excise officers in Scotland demand 200l. of Col. Pride for the arrears of a rent of 100l. a year due on the lands in Scotland given him by Parliament, for which lands he is to be satisfied out of the fines imposed in Scotland, and that Mr. Bilton is directed by the Council in Scotland to stop the 200l. out of the second moiety payable to him from the said fines— that Pride be discharged of the 200l., and receive his second moiety without stop. [I. 76, pp. 448–450.]
Jan. 2. Notes of petitions, all in I. 92, referred in 1654 to the Committee for Petitions, with references and orders when given; those marked a are noted as referred to sub Committees, b as not referred.
Col. Symons, for Wm. Compton, recusant, to be paid out of the 2/3 of his estate received at Haberdashers' Hall, 1363l., for goods taken for the service of Parliament. Referred to the Treasury Commissioners. [No. 203.]
Wm. Saul, Warder of the Tower, subject not named. [No. 204.]
Clerks and officers attending the late Parliament, for examination of their services, in order to an allowance. "Mr. Scobell to give his opinion." [No. 369.]
Alice, widow of Capt. Wm. Brandley, for relief, being left very poor; her husband was in the Essex on the Irish coast, and in all the Dutch engagements, lost his right hand in the service, and by the cure of it, and an imprisonment on a 10,000l. action, was put to great charge. "Referred to the Admiralty Commissioners" (b). [No. 374.]
Antonio Rodriques Robles, for allowance, according to the 11th direction in the Book of Rates; imported 62 pipes of Canary wine, paying 5l. 5s. 9d. a tun customs, and they prove not worth so much as vinegar. Referred to the Customs' Commissioners. [No. 378.]
Thos. Stanley, cheesemonger, for liberty to transport 1,000 barrels of butter. [No. 381.]
Elizabeth, wife of Thos. Gawler, minister of Cheselborough, co. Somerset, for an order to John Tucker, put in place of her husband, who was sequestered, to pay her 1/5, as ordered by the County Commissioners. The Major-General to see that the 1/5 is paid (b). [No. 383.]
Inhabitants of Cooling parish, Suffolk, for a brief for a collection to repair their church; the steeple fell down last December, to the damage of 700l. Submitted (a). [No. 384.]
Messengers and labourers at the Ordnance Office, for arrears of their salaries and disbursements from 1639 to 1642, at 10½ a day each. Referred to the Admiralty Commissioners (a). [No. 385.]
Dame Alice Burlace, Lady Levingston, Bridget Bray, and others. Had annuities from the late King; beg a moiety to trustees for their use of a discovery out of Sir. Peter Vanlore's estate of crown jewels embezzled, with power to prosecute (a). [No. 387.]
Bridget, wife of John Lancaster, for payment out of the list for London of 27l. 14s. 0d. advanced by her husband on the public faith. Submitted. [No. 388.]
And. Ramsey, for creditors in Scotland, that the forfeited estates there may be freed from donatives, and made liable to their just debts, and that for satisfaction of those concerned in the donatives, the fines may be applied. Also that the forfeit persons may be restored to their estates, on paying as much as, with the rest received, will answer the donatives at 10 years' purchase. Referred to the Committee for Scotland (a). [No. 389.]
Rich. Browne, receiver general of monthly assessments for co. Pembroke, for satisfaction; spent 50l. to pay the Parliamentary forces in Poyer's rebellion, and 45l. in transporting Col. Brodick's 4 troops to Ireland. Has been receiver 4 years, and paid in 200l., and had no allowance more than 1d. in the pound (b). [No. 390.]
Hugh Merrell, for the French merchants, for his Highness' care of them, they having lost much by the Brest men-of-war, &c. (b). [No. 391.]
Mary, wife of Major John Child, prisoner in Upnor Castle, Kent, for her husband's release (b). [No. 392.]
Eliz. Dod, a distressed widow, for liberty to transport some wool or leather, or import French wines, duty free, for relief of her family (b). [No. 393.]
Inhabitants of Leicester, for a reference to fit men about Leicester for the care of Wigston's hospital there. The land is worth 1,200l. a year, but the income is only 200l., and 700l. a year is "in a near capacity to be let" (a). [No. 394.]
Tenants of Maiden Bradley, co. Wilts, for suspension of all proceedings to prejudice their right of common in Frome Selwood Forest, to part of which Lord Broghill lays claim. "To be left to a due course of law" (b). [No. 395.]
Jan. 2. Note of a petition of Joan, wife of Hen. Bartlett, Lieut.-Colonel to Maj.-Gen. Fortescue, in Jamaica. Has kept hackney coaches 25 years, and her husband continued them, depending on the Ordinance of 2 Sept. 1654 for soldiers to have trades, yet he is sued for it, one of her coachmen imprisoned in the Gatehouse, and a coach and 2 horses seized and detained; begs restitution, and liberty to keep coaches till her husband's return. [I. 92, No. 420.]
Jan. 2. 9. Order thereon in the Committee for Petitions, that the Lord Chief Baron, Recorder of London, and Aldermen Tichborne and Ireton, enquire into the matter, and whether the disaffected are encouraged and the honest discouraged by those employed in the corporation of hackney coachmen or others, under colour of the Ordinances of his Highness and Council, and report. [2/3 page.] Annexing,
9. i. Report thereon by Recorder Wm. Steele and Ald. John Ireton, that certain persons of the late King's party are allowed to be hackney coachmen, and some who have served Parliament are not allowed to keep coaches. 21 April 1656. [1 page.]
9. ii. Certificate by Sir John Barkstead, Major-General of Middlesex, of 9 hackney coachmen of St. Martin's-in-the-Fields, Middlesex, of the late King's party, who have entered into bonds, and of others who are appointed to enter. Tower, 23 Jan. 1655–56. [1 page.]
9. iii. Like certificate of 12 of Martin's in the Fields, 2 of Clement Dane's, and 1 of Savoy. 19 Feb. 1655–6. [1 page.]
9. iv. List by And. Cole of 9 Parliamentary soldiers who desire to drive hackney coaches. [½ page.]
Jan. 3. 10. Petition of divers inhabitants of Deverel-Longbridge and adjacent places, co. Wilts, to the Protector. Having tasted the preciousness of the Gospel, we desire its spread and continuance, but our vicar is not desirable, being a Malignant, outed from another place; therefore we beg that Wm. Temple and Wm. Adlam may preach every Lord's Day afternoon (the vicar seldom preaching) in the public place, and also that it may be at their disposal one day in each week. 49 signatures. [2 pages.]
Jan. 3. Order thereon in Council that the vicar be proceeded against before the County Commissioners for Scandalous Ministers, and that meantime Temple and Adlam preach as requested. [I. 76, p. 460.]
[Jan. 3.] 11, 12. Petition of Thos. Wheeler, mayor, Hen. Peckham, recorder, 10 aldermen, and 19 other citizens of the corporation of Chichester, to the Protector. There is in the city a small hospital, St. Mary's, erected for relief of 7 poor men, endowed with lands granted by lease by the late Dean and Chapter, who were the governors, and the rents 40l. reserved to the hospital; but the Dean and Chapter being now removed, the hospital is without government. We beg to be appointed governors, provided we employ the increase of the fines formerly pursed by the deans to increase the maintenance of the poor, after deducting reasonable charges for collecting rents, and repairing the houses now in decay. [1 sheet, 31 signatures.] With reference thereon to Col. Morley and William Hay, to consider the present state of the hospital, and how the custos-ship would best be placed; their report in favour of the petition, suggesting also that with the surplus, a manufacture might be erected for setting the poor on work, and that persons of known integrity should take the accounts yearly. 13 June 1655; order thereon that his Highness wishes to be satisfied about the foundation of the hospital, and the leases and estates now in being, and will then be ready to gratify the corporation 9 July 1655; and further reference of the petition, report, particular survey, and foundation charter, to Council. 30 Oct. 1655. [2 sheets.] Annexing,
12. i. Survey and estimate of the yearly value of the lands and houses belonging to St. Mary's, Chichester; total, 235l. 10s. 10d.; quit-rents payable by freeholders, 7l. 1s. 4d.; and rents reserved by leaseholders, 35l. 4s. 6d. [4 columns.]
12. ii. Confirmation of the foundation charter of Chichester hospital by Queen Elizabeth. [6¼ sheets, Latin.]
[Jan. 3.] 13, 14. Petition of the mayor, aldermen, &c., of Chichester, to Council, to be constituted governors of the old decayed hospital of St. Mary's in place of the late Dean and Chapter, the poor having no one to take care of them and their estate. Have petitioned his Highness, and promised to employ the whole revenue for the poor, erecting, with the overplus, by fines, rents, &c., which were detained by former governors, a manufacture to set the poor on work. Signed Hen. Peckham. [2 copies.]
Jan. 3. Reference of the petition and papers to Wolsley, Mulgrave, Strickland, and Rous, to consider and report. [I. 76, p. 750.]
[Jan. 3.] 15. Petition of Ralph Eve, Edw. Storey, and Hen. Ashurst, citizens of London, and other creditors of the late John Lucas of Hungerford, Berks, to the Protector, for satisfaction from his estate of several great sums which he owed, he having been condemned and executed for being engaged in the late insurrection. With reference of this petition and that of Jehosaphat Lucas to Council. 30 Oct. 1655. [Copy, 1 page.]
Jan. 3. Reference in Council of the two said petitions to the Treasury Commissioners, to report. [I. 77, p. 451.] Annexing,
15. i.-xiv. Affidavits before Lord Chief Baron Steele and Baron Tomlyns, June-September 1656, of debts due by John Lucas to 14 deponents. [Parchment slips.]
15. xv. Report by the Treasury Commissioners certifying the above affidavits, but forbearing any opinion, the relief of the petitioners being merely a matter of grace. 14 Jan. 1656–7. [2 pages.]
Jan. 3. Council. Day's Proceedings.
4. The Scotch Committee to consider Gen. Monck's letter of Dec. 22, just read.
5. Rous, Strickland, Wolsley, Pickering, Mulgrave, and Lisle, to consider the charge exhibited by the Earl of Newport against Mrs. Porter about his daughter, Lady Anne Blount, and report.
6. The return from Gen. Monck and the referees appointed by him to survey the Berwick fortifications, and the letter from Lieut.Col. Mayer, governor there, referred to the Committee for Scotch Affairs.
7. The petition of John Matthew, mariner, concerning differences between him and Nich. Redwood, master of the Elizabeth of Dartmouth,—which begot a suit in the Admiralty Court, whence sentence being passed against the petitioner, he appealed to the delegates, where the cause yet remains, and alleging that John Daniel, an important witness of his, has just returned from captivity under the Turks,—referred to the judges delegate, to consider the case, and allow him the benefit of the said witness.
8. The petition and papers of the merchants and owners of the ship Report, sunk by the Ruby on Jan. 17, 1653–4, signed by Thos. Forth for himself and those interested, referred to the Committee for Petitions.
9. The Committee on the collection for the Protestants in Piedmont to consider several letters and proceedings returned, and an express from his Highness's agent at Geneva, now read. [I. 76, pp. 450–1.]
Jan. 4. 16. Petition of the Governor, Associates, and Fellowship of the Eastland merchants to the Protector. We cannot express due acknowledgment of the favour we have lately enjoyed, by your unparallelled action in recovering 22 full laden ships detained in Denmark, by which many who had else been ruined will record to posterity the interposition of so great wisdom in rescuing their goods out of unjust hands, and removing obstructions in trade for the universal good of the nation.
We now address you for further improvement of the trade into the Baltic seas, which, though formerly regarded with extraordinary favour, has lately suffered for want of good regulation; since the irregularity or obstinacy of any one of the traders (which we have no power to remedy) renders the exactest course we can take ineffectual, so that a licentious and confused kind of commerce is now exercised, according to humour or private interest, without respect to the public, and thus the trade is reduced very low.
We beg your assent to and confirmation of our former powers, or such other regulations as may enable us to support and advance the trade, and to regain the privileges in foreign parts which have been purchased with great care and trouble, and are now totally lost. We think the presence here of the Swedish Ambassador may facilitate our redress. We enclose our former articles, which should be renewed. [1 page.] Annexing,
16. i. Representation of the Eastland merchants to the Protector, detailing their discovery of the trade to the Baltic seas 301 years ago; their incorporation 21 Eliz.; the advantages of an orderly government in the export of cloth, and import of Eastland commodities, hemp, tar, timber, copper, wool, &c., &c., they employing therein 200 ships. Also by their foreign residence, they obtain privileges for English abroad, and 10 years ago, by negociations with the King of Denmark, removed obstructions to trade through the Sound. Details of the mischiefs that have ensued through suspension of their incorporation, debased manufactures, diminished imports, strengthening of foreign trade, loss of security for English abroad, &c., Their incorporation cannot be called a monopoly, as it admits merchants of Hull, Plymouth, Bristol, and other towns, and they request its renewal, in order
1. To rescue the trade from the hands of strangers.
2. To hinder the making of foreign and advance that of English draperies.
3. To prevent foreign shipping, and promote English navigation.
4. To furnish reasonably a constant supply of naval stores.
5. To renew the import of corn, and prevent its export by strangers.
6. To recover and preserve the estates of factors dying abroad, and other foreign privileges now lost; to raise money for payment of debts and charges of trade, and to preserve it for the advantage of the nation. With reference thereon to the Committee for Trade. [4¾ pages.]
4 Jan. Notes of petitions, all in I. 92, referred to the Committee for Petitions, but on which no orders were given by Council. Those marked a are noted as referred to a sub-Committee, those marked b as not referred.
Mayor and Aldermen of Gloucester. Their cathedral or college church, the only place for religious meetings, is ruinous, and the two parish churches also. Beg that they may be united, and the college church be the only parochial church for both. Also that the patronage thereof, and of the school, and all void ground adjoining not disposed of, and the tithes and parochial profits may be settled on them and their successors, and that they may receive the 101l. 3s. 3d. reprized out of the Dean and Chapter's lands, and a rent of 2l. 17s. 1d. for a schoolmaster and charitable uses. Referred to the Trustees for uniting parishes (a). [No. 396.]
Thos. Johnson, for a brief for a fire in Wisbeach (a). [No. 398.]
Edw. Ayscough and Youring Colvin, a stranger of Denmark, for restitution of a deposit on their ship, one of 3 belonging to Norway, stopped in the Thames in Oct. 1652, on the King of Denmark's stopping English ships in the Sound, but discharged on depositing their value in the Admiralty Court; submitted (b). [No. 399.]
Capt. Owen Cox, for further relief and employment. Regained the Phœnix from the Dutch, lost 400l. in the Bonadventure, and was wounded in the Constant Warwick; the 500l. ordered hardly countervails his losses and charge of cure; has 6 children and no employment. Referred to the Admiralty Commissioners (a). [No. 401.]
Cornet Chris. Bodley, for an order to Mr. Garret to state his account as lieutenant and cornet in England, before his marching into Scotland; submitted (b). [No. 403.]
Anne Smith and Christian Collins, for payment of the moneys due for their husbands' pay in Jamaica (b). [No. 404.]
Mary Turner, that her husband, to whom she brought 500l., may be ordered to pay 200l. promised out of her estate, for which she is liable to arrest; submitted (a). [No. 405.]
John Lyneall, for payment with arrears of an ancient stipend of 8l. a year due from the Exchequer to the curate of the Castle church near Stafford; was curate 30 years; his Highness ordered Fauconberg to pay, but it is in arrears since March 1654, and he is poor and has a large family; submitted (b). [No. 406.]
Joan, widow of Capt. Shafto, with the officers and soldiers of Holy Island. Have received by order of Parliament 395l. of their arrears out of Sir Thos. Hagerston's estate; beg payment of 600l. still due, from discoveries in co. Durham, in the hands of persons named, and an order to the County Commissioners to receive and determine them. Treasury Commissioners to examine the debt, and allow it out of discoveries. [No. 407.]
Alice, Lady Philips, on behalf of the children of Col. Sir Wm. Parsons, for payment of 798l. 15s. arrears, balance of 10l. a week ordered by Parliament to Col. Parsons out of Goldsmiths' Hall, till 1,748l. 15s. is paid, but the Treasury is changed. Referred to Treasury Commissioners (a). [No. 408.]
Rich. Lee, for a commission to Col. Fras. Hacker, Majors John Goodman and John Pratt, and 5 others to survey Wigston's hospital [Leicester]. "To be so reported" (b). [No. 409.]
John Trethewy, of the Inner Temple, gentleman, for leave to stay in town, the proclamation notwithstanding (b). [No. 410.]
Sir Edw. Caple, to be in the same condition with others in like case. Had 200l. a year as standard bearer to the late King's pensioners, and had a warrant for 200l. for 1649. Has continued in Parliament quarters. Submitted (a). [No. 411.]
Thos. Davis and Wm. Bolton, gunmakers, for leave to transport 4,000 birding pieces to Barbary, on security not to be sent elsewhere. To be reported (b). [No. 412.]
John Jones and Thos. Marshall, of Rye, for payment of 22l. 17s. and 8l. 8s., which they paid by order of his Highness and Council for French prisoners. Referred to the Admiralty Commissioners. [No. 413.]
Joshua Fugell. Brings articles of misdemeanour and breach of trust against Rich. Dike, master keeper of Newgate. Referred to the Recorder, Sir Chris. Pack, and Ald. Ireton, to certify, and the articles to be delivered to the prosecutor. [No. 532.]
Jan. 4. Council. Day's Proceedings.
3. The Committee on Col. Harvey's business about the Custom House account to send for John Smith, to prosecute on his Highness's behalf the Custom House account in the Exchequer.
4. Order on report on the petition of John Hamilton [see 2 Jan. 1655–6], confirming and approving the sentence of his ejection from Hurworth rectory. Annexing,
17. Report alluded to, signed by Strickland, Jones, and Wolsley. [1 page.]
5. The Lord Deputy of Ireland, Rous, Wolsley, and Lambert, added to Fiennes, Pickering, Strickland, Lisle, Sydenham, Jones, and Mulgrave, the former Committee for matters concerning the distressed Protestants in Savoy.
6. The following added to the Committee concerning collections for the distressed Protestants in Piedmont, which is to meet at 2 next Monday in the Queen's Chamber, Whitehall, viz.:—
Lord Richard Cromwell.
John Crew.
Lord Chief Justice Glynn.
Lord Chief Justice St. John.
Lord Chief Baron.
Lord Commissioner Whitelock.
Lord Commissioner Widdrington.
Mr. Pierrepoint.
Wm. Ashurst.
Thos. Grove.
Col. John Bright.
Col. Wm. Purefoy.
Maj. Wm. Packer.
Danl. Dike.
Col. Bridges.
Col. John Bridges of co. Worcester.
Geo. Griffith.
Peter Sterry.
Nich. Lockyer.
8. Ald. John Ireton, Wm. Purefoy, and Godfrey Boseville added to the Trade Committee.
9. Approval of augmentation granted by the Trustees for Maintenance of Ministers, of 46l. 13s. 4d. to Batley, and of 30l. to Attercliffe, Sheffield, both co. York.
10. To advise the said Trustees to allow Mr. Smalwood, minister of Batley, co. York, an addition of 23l. 6s. 8d. to bring his augmentation up to 70l. a year.
11. Order on report on the petition of Thos. Lamb [see 25 Dec. 1655], that the interest for the second ½ of the purchase money of part of Lord Craven's estate be remitted, and that time be given for paying in the said moiety of 1,511l. 3s. 4d. till Christmas 1656 and Christmas 1657; meanwhile the estate is not to be sequestrated for non-payment, and a new conveyance is to be made of the premises, the former not being enrolled. Annexing,
18, 18. i. Report alluded to, and draft thereof. [2 papers.]
18. ii. Certificate by Jas. Borradale, cashier, that John Clark contracted for Elstone Manor, co. Gloucester, paid the first ½, but the second ½, viz., 1,511l. 3s. 4¾d. is still due at Drury House, with interest. [2/3 page.]
12. Approval by the Protector of 7 orders of 1 Jan. [I. 76, pp. 452–4.]
Jan. 4.
Whitehall.
Pres. Lawrence to Lord Richard Cromwell and the rest of the Committee. You are appointed a member of the Committee on the distressed Protestants in Piedmont, and as there are matters of importance to be communicated to that Committee's consideration, you are to meet at 2 next Monday in the Queen's Guard Chamber, Whitehall, to advise and assist in a business wherein the glory of God and the Protestant religion is so much concerned. [I. 76, p. 453.]
Jan. 5. Approval by the Protector of 4 orders, 26 Dec. 1655, and 1 and 2 Jan. 1665–6. [I. 76, p. 454.]
Jan. 8. Note of petitions referred to the Committee for Petitions, of Henry, Lord Herbert, and Wm. Minheire, for satisfaction as granted to Mr. Bachelor, for lands of the Earl of Worcester settled by Act of Parliament 16 July 1651 on Lord Herbert, discharged of rents, which formerly amounted to 90l. 4s. 10d.; also for trial at law thereon. Referred to Mulgrave, Wolsley, and Strickland, and on 12 Feb. to the Committee for Obstructions, to report what satisfaction is to be made to the petitioners. [I. 92, Nos. 358, 455; I. 76, p. 457.]
Jan. 8. Council. Day's Proceedings.
1. To insert these words into the order of Dec. 27 last concerning Ed. Darcy, viz., "till the Maj.-General or Commissioners of the county have considered the case."
2. The Maj.-General and Commissioners for co. Kent to forbear to levy money on Darcy's estate till his case has been examined.
4. Order on report that the petitions of John Lloyd, John Roberts Griffith Jones, Geffrey Parry, and Richard Ap Robert Ap Evan— concerning suits against them by Col. John Bodvill, of Bodvill, co. Carmarthen, a great delinquent and member of the Long Parliament, who deserted his trust, are as represented,—that they be sent to the Maj.-General of North Wales, to examine the matters, and give the petitioners such relief as stands with justice. Also to enquire how Col. Bodvill's estate, being in the Act for Sale, came to be cleared, on pretence of his being within articles, and what fraud was used therein, and to certify. Annexing,
19. Report alluded to, signed by Montague and Sydenham, that the only way of relief they can hear of is an appeal to the Barons of Exchequer for indemnity, which could not be done till after a verdict on trial at law, and would be more grievous than the remedy would recompense. [2/3 page.]
5. Order—on report from the Committee on the report of the Treasury Commissioners concerning augmentations to ministers formerly paid out of sequestration money, the payment whereof was suspended by the Ordinance of June 20, 1654, for all sequestration money to be sent in to the Exchequer—that the Trustees for Maintenance of Ministers, from the revenue settled by that Ordinance, pay such ministers as the Treasury Commissioners shall certify to have had augmentations granted them their dues, both for augmentations and arrears, provided the ministers be approved by the Committee for Approbation of Preachers. Till this be done, no fresh augmentations to be granted. The receivers in the several counties to send in a list of all augmentations claimed out of sequestered estates, and meantime to pay the augmentations and arrears as formerly. Also to advise a warrant to the Treasury Commissioners to order the receivers to make these payments. When the trustees make other provision for the ministers, they are to signify it to the Treasury Commissioners, who will order the receivers to desist from further payments. Approved 6 Feb.
6. Approval of an augmentation of 50l. granted from the tithes of Afpudle, co. Dorset, to George Thorne, minister of Melcombe Regis, to enable him to provide an assistant minister at Radipole.
7. Order on report on the petition of John Lenthall [see 5 July 1655] that Mr. Jessop, clerk of the Council, tell him, as the Council's answer, that they do not at present know of any vacant employment suitable for him. Annexing,
20. Report of the Treasury Commissioners that Lenthall's father, being Master of the Rolls, made him one of the 6 clerks in Chancery, of which he had a freehold for life, but for the late Ordinance, and that he desires satisfaction by some other employment, but cannot find any. 27 July 1655. [2/3 page.]
8. A servant maid of Mr. Porter's, now in the custody of the Serjeant-at-arms, to be set at liberty.
10. To advise a warrant to the Treasury Commissioners to pay 3,000l. for Council's contingencies to Frost, who is therefrom to pay the messengers' bills and the salaries of the clerks, messengers, and officers of Council.
11, 12. To advise a patent to John Embree, surveyor, for a salary of 300l. for the past year, and the like in future. Also a warrant to the Treasury Commissioners to pay him 4,000l. towards payment of the workmen employed in the service.
13. Order on report from the Admiralty Commissioners of a letter from Capt. Robt. Vessey, commander of the Nightingale,—certifying that the Governor of Belle Isle, in the French dominion, on Dec. 15, 1655, harboured Capt. Dillon, a pirate against the State, and protected his ship, and a prize he had taken belonging to the merchants of Kinsale, from Vessey, who had pursued and fought with him, and would otherwise have destroyed him, which proceedings are contrary to the articles between England and France—to advise that his Highness represent the same to the King of France, that justice may be done.
15. Mulgrave, Lambert, Sydenham, Fleetwood, and Wolsley to consider the Spanish merchants' desire concerning the price of Spanish wines, and consult with them thereon.
16. The petitions of the French merchants and wine coopers concerning the price of wines not to be referred to the same Committee.
17. Maj.-Gen. Berry to be Maj.-General of South Wales and co. Monmouth, and to have his commission accordingly.
18. To advise his Highness to give Maj.-Gen. Berry warrants to appoint Col. Rowland Dawkins and Lieut.-Col. John Nicholas, Governor of Chepstow Castle, to act as his deputies in South Wales and Monmouth. Approved in person.
19. The draft of instructions offered by Desborow to be given by him to Maj. Ludlow, Capt. Burgess, and Capt. Scotten for co. Wilts; Capts. Dewy and Southwood, and Edw. Butler for co. Dorset; and Maj. Wade, Capts. Crofts and Willington for co. Gloucester, read, altered, and approved, viz.:
Instructions by Maj.-Gen. Desborow.
1. You are to cause everyone within your charge who has borne arms against the State, or lives dissolutely or without a calling, or at a high rate, having no visible estate answering thereunto, to give bond in a sum fit according to his quality for his Highness's use.
2. Every master of a family or householder having servants is to give security by his own bond.
3. You are to keep a list of all giving such security, and return their names, quality, places of abode, and sums, to the registrar of London.
4. On notice given you of any robbery, murder, or breach of the peace, summon those suspected, and use your utmost power to find them out.
5. No house standing alone outside a town is to be allowed to sell beer, ale, or wine, or to give entertainment; all such licenses to be called in and the houses suppressed.
6. You are to require security from all who have been in arms against the Commonwealth, or shown eminent disaffection with the present Government, and who keep taverns, that they will send in to you from time to time an account of the names and addresses of such as frequent their taverns.
7. You shall, with your troop, or with other forces in your county, endeavour to suppress all tumults, insurrections, and rebellious or unlawful assemblies.
8. You shall disarm all Papists who have in any way proved themselves disaffected, and stow their arms in a safe place for the State's use, keeping a list thereof.
9. You are to direct your soldiers to try to find out all thieves, robbers, highwaymen, and other dangerous persons, and secure them and bring them before yourself or a justice of peace, promising the soldiers an allowance for each one convicted; and you are to order the high-sheriff to pay them what you think fit, not exceeding 10l. on each convict.
10. You are to observe the behaviour of all the disaffected, and what meetings they hold, and to suppress such as are dangerous; also to suppress all horse-races, cock-fighting, bear-baiting, stage-plays, or other unlawful assemblies, by seizing the persons met on such occasions.
11. You are to consider how any not having visible estates may be compelled to work, or sent out of the Commonwealth, and to try to set the poor on to work, and provide for the impotent according to law, and to report obstructions to his Highness and Council, that they may be removed.
12. You are, by your constant carriage and conversation, to promote godliness and discourage profaneness; and you and the ministers and officers so intrusted are to take care that the laws against drunkenness, blasphemy, and swearing, plays and interludes, profaning the Lord's day, and such wickedness, be effectually executed, and to send up to the justices of the peace the names of such as shall be remiss herein.
13, 14. You are to promote the work of ejecting scandalous ministers and schoolmasters, and to prevent the disturbance of any godly minister in discharge of his duty.
20. The draft of a deputation, to be given by Gen. Desborow to Capt. John Arthur for Weymouth, Maj. Skutt for Poole, and John Eyres for Lyme, being ports within his counties, read and approved.
21. Blank form of the letter of deputation, with instructions to the deputies:—
1. You shall take care that all who after Dec. 1, 1655, come here from beyond seas shall, within 24 hours of landing, give in to such persons as the Maj.-General or deputy of that port shall appoint, their names and the places where they are going, which shall be entered in a book; if they are going to London or Westminster, engage them within 24 hours of their arrival personally to report themselves before the registrar of the city, giving their names, where they come from, what their business is, and the parish, street, and house where they intend to live; and if they be foreigners, the names of their correspondents there also. If they have before been in arms against the State or banished, they must report any change of lodging.
If any shall neglect to do this, or shall make false statements, they shall be imprisoned during pleasure.
That all may know this, those reporting themselves are to be informed of the penalty, and a copy of this order is to be set up in all custom houses.
2. You are from time to time to return to the registrar all the names and particulars given in to you, and also the appearance of the persons; and if the person come not to London, the registrar shall report the case to the Maj.General in charge of the place where he is going.
The same Committee to compare these instructions with those formerly given to the Majors General, and pen the same suitable thereunto, that they may be transmitted to the Majors General.
22. Jones reports an additional instruction to be executed by the Commissioners in the several counties, which was read and laid aside.
23. Another additional instruction, after one amendment, passed.
24. Order—on report from the Committee on the petition of the sons and executors of Sir Peter Richaut, about a stay of proceedings as to passing their securities on their letters of reprisal against the King and subjects of Spain—that in all such cases, the Admralty Judges issue the letters of marque according to the respective warrants, on sufficient security for performance.
25. The Committee on several petitions for exemption from delinquency penalties to consider a declaration of what Lord Grey acted upon Henry Neville to make him a delinquent, and to report.
26. The same Committee to consider the petition of Sir Francis Fane, K.B., and report. [I. 76, pp. 454–460.]
Jan. 9. 21. Petition of the trustees and contractors for sale of Crown lands and fee farm rents to the Protector, that John Wheatley, who has always faithfully acted as deputy to their registrar, Hen. Colbron, appointed by Act of Parliament, and now dead, may succeed him, and carry on the remaining work, for though the lands, &c., are chiefly sold, much business remains in the completing of the contracts. 9 signatures. [1 page.]
Jan. 9. Order in Council, on a petition of John Wheatley to like effect, that Scobell enquire into the fitness of the person, and report. [I. 76, p. 463; I. 92, No. 524.]
Jan. 9. 22. Petition of John, Marquis of Winchester, to the Protector. Has received a summons from Colonel Barkstead, Lieutenant of the Tower, and Maj.-General for Middlesex, to give security for himself and his servants; and also a summons from Colonel Goffe, Maj.General of Hants, to attend him, and bring in a particular of his estate, which, by Act of 16 July 1651, was sold by the Trustees for Sale, since when neither he nor any for him has been possessed thereof. Is a prisoner in execution in the Upper Bench, for 2,000l. debts, and is utterly unable to give security as required. Begs dispensation therefrom. [1 page.]
Jan. 9. Order thereon in Council that the Majors General proceed in this case according to their instructions. [I. 76, p. 463.]
Jan. 9. Note of a petition referred to the Committee for Petitions, of Margaret, widow of Edw. Rood, for an order to certify the sum due for the arrears of her pension of 15s. a week, granted by his Highness, but the sum not being stated, the Treasury Commissioners do not pay it. Order in Council that—as by certificate from Goldsmiths' Hall, whence the pension was formerly paid, the arrears are 21l., being from 9 Jan. to 17 July 1655—a warrant be issued for payment of the said sum. [I. 92, No. 445; I. 76, p. 465.]
Jan. 9. Council. Day's Proceedings.
1. An entry to be made in the Close Rolls in Chancery, to the effect that on June 15, 1655, Nath. Fiennes and John Lisle having been made Lords Commissioners of the Great Seal, had the same delivered to them by his Highness at his privy lodgings, Whitehall, and took the oaths appointed. Approved 15 Jan.
2. Maj.-Gen. Barkstead, Lieut.-Col. White, and Ed. Cressett, to consider the petition of Rich. Pight, clerk of the irons and surveyor of the melting house of the Mint, to learn the services he has done by discovering false coiners, what should be paid him for his past charge therein and for the future, and how his proposals therein may best be carried out.
3. A report from the Scotch Committee of an additional instruction for the Council in Scotland, and the drafts of 2 letters for the said Council, in answer to theirs of Oct. 11 and 23, Nov. 27, and Dec. 20, read and agreed to, and to be sent.
4. Additional instruction to the Council in Scotland:—You are authorised to grant indemnity in the Highlands to such as you shall see cause and judge to be for the public good, against all molestations for thefts, robberies, &c., committed during the late war. Approved 9 Jan.
6. A signet to be provided for Scotland, and Thos. Simons, the engraver, to prepare it. Approved 11 Jan.
7. Order—on report from the Committee on the petition of the mayor and aldermen of York concerning Sherborne School and Hospital, that Robt. Hungate, by his will of May 10, 1619, bequeathed for the foundation of a hospital there certain debts, leases, &c., with which his executors were to purchase lands in fee simple, and in 5 years build a school, which was to maintain 24 orphans, directing by whom and from whence they were to be chosen; that this was done, and the yearly sum of 203l. 6s. 8d. paid, the overplus after his death remaining to his executors, Sir William and Margery Hungate, his nephew and niece, whose present heir is Sir Philip Hungate, but he, being in arms against Government, had his lands forfeited, which deprived the hospital of their part of the fee simple—that the Trustees for Sale of forfeited Lands convey the fee simple to the said mayor and aldermen, on trust for the uses named in the will. Approved 11 Jan.
9. Order—on report from the Committee on the business of Sandwich—that the Lords Warden of the Cinque Ports prepare a fit settlement of the matter, and offer it for Council's approbation.
10. The petition of Griffin Howard and Mary his wife, with the report annexed, referred to the Scotch Committee, to report.
13, 14. Order—on an estimate sent in by Thos. Willoughby and John Tippetts, at request of Col. Rich. Norton, Governor of Portsmouth, of the repairs necessary in the garrison, as detailed, and at Southsea Castle and Portsea, which will cost 3 times the sum unless done at once—that 150l. be paid to Willoughby therefor, to be issued by order of Col. Norton. Approved 6 Feb.
15. Order that the Admiralty Commissioners give warrant for the timber required for the said repairs. Annexing,
23. Estimate by Willoughby and Tippetts alluded to, of repairs needful in the Square Tower, Round Tower, 3 gates, the bulwarks, moat, walls, and the earthworks and drawbridge at Portsea; total 305l. 19 Dec. 1655. [1 page.]
16. Lambert, Sydenham, Jones, Skippon, Fleetwood, and Lisle, to consider what repairs are necessary at Portsmouth and other garrisons, and to report from time to time.
18. To advise a warrant to pay from the Army's contingencies 5l. beside the 5l. allowed 25 Oct. 1655, to Col. Wm. Arnop, for fire and candles for the guard at Whitehall.
19. Lambert to appoint a fit person to oversee the expense of fire and candle for the guards of horse and foot about London and Westminster, and to give in his name, that he may be furnished with money. Approved 11 Jan.
21. Mr. Sheapeard to have 300l. a year for his services, till some certain employment is conferred on him, and Lambert and Strickland to consider how this salary may best be settled. [I. 76, pp. 460–5.]
Jan. 9.
Whitehall.
Pres. Lawrence to the President of the Council in Scotland. His Highness and Council approve the purport of your letter of Oct. 23, 1655, and empower you accordingly to dispose of the 2,000l. remaining of the 2,500l. to be paid by Mac Cloud, as far as it will go, in making reparation to those who have suffered for their fidelity to Government, and are within the proclamation of 1654, and the estates of those who have been in arms and are not under articles shall be liable to pay what more is wanted. You are to send us, for further direction therein, their names, value of their estates, and sums proposed to be levied.
As to your letter of Nov. 27, Council empowers you to dispose of the 640l. 13s. 11d. mentioned, for the maintenance of such godly ministers as shall be invited into Scotland, till further provision be made. Approved 9 Jan. [I. 76, p. 461.]
Jan. 9.
Whitehall.
Pres. Lawrence to the President of Council in Scotland. In answer to your letter of Oct. 11, concerning the recovery of part of the State revenue, which has been concealed, detained, or made away with, Council notes your great care in prosecuting your instructions thereon, and the difficulties you suggest therein. On the whole, they incline for the settling of the matter in the Exchequer Court, which will be set up in Scotland as in England, restricting them to settling matters concerning parts of the revenue made away by King James and the last King contrary to law, and to profits belonging to bishops or any part of the hierarchy unduly alienated. But as we have not here a copy of the Act of Parliament alluded to in yours, we refer it to you to prepare the draft of an Ordinance to set up the said court in the best way, and report it, with a copy of the Act; also to expedite the settlement of the receipt of Exchequer. Approved 9 Jan. [I. 76, pp. 461–2.]
[Jan. 9.] 24. Statement that by Act of April 1653, the fees for Probate of Wills go to the Treasury, after paying necessary officers; that there are more than 21 clerks who have very large fees, by a table made in June 1653, and a registrar with fees of 2,000l. a year, who takes the place of an actuary at 300l.; that half the number of officers might do the work. Suggestion whether his Highness will commit it to some well meriting persons, who shall pay him one-third of the fees now allowed, and the rest of the fees go to the officers. [¾ page.]
Jan. 9. 25. Proceedings for better regulating wills and administrations, so as to ease the people, augment the Treasury, &c. On several petitions to members of the last Parliament it was their opinion that there was no better way than the following:—
(1.) To nominate commissioners and registrars or clerks in every county, being public notaries, to receive the wills, preserving the originals with the ancient records, and to perform their office, so that searches may be made and caveats entered, and to cause the said administrations, wills, and inventories to be fairly engrossed, and sent together with the fees to some place in London appointed by the Lords Commissioners, to be there examined by two persons elected by them, sealed, and returned without delay.
All moneys will thus be paid at one place in London, and a weekly account rendered to the Treasury. If settled in a provincial way, as at York, Exeter, and London, there will be trouble and charge in bringing the money to London after it is raised.
Or should all wills, &c., still continue to be sent to London, two-thirds are sent by attorneys, who will not take less than 40s. or 50s., commonly as much more as the fees come to, which the people cannot avoid.
(2.) On any legacy being refused to be paid by an administrator, the legatee may enter suit in the registrar's office of that county. The registrar shall send a breviate to a proctor to draw up articles, and a monition under seal to the party principal, to appear before the Commissioners, and be examined by the registrar, who is also to examine all other witnesses within three months, and transmit their answers, &c., to the judges for Probate of Wills, for publication and sentence without appeal.
Thus little trouble will arise to the parties on either side, their witnesses being examined in their own county; there will be little bribery and no delay, and the cost to the parties less than now.
(3.) Let coercive power be appointed instead of excommunication, whether by distress or sequestration, to commence from the time of the extirpation of bishops. Thereby all may be brought in, as accounts, letters of tutelship, &c., that children in their minority may be provided for. The revenue, now 8,000l. or 9,000l. a year, would soon yield ⅓ more. Should licenses be granted again for marriages, which now are acted after a strange manner,—howsoever causes for marriages, divorcements, and tithes may be granted, which is the most legal way for proceedings thereon,—it would augment the Treasury as much more as the profit now made.
All which may be easily regulated if the clerks appointed to receive wills from every county, and to perfect them here, be sent down into every county to perfect them there, and if two examiners be appointed here in London to receive the wills with the fees, and to see they are made right, the seal being ready to seal them.
There is little alteration here set down from the way that now is, or from the way formerly used. [2 sheets.]
Jan. 9. 26. Jas. Morley to Lord Deputy Fleetwood. I am very troublesome, but my case is sad, if not remediless, unless you help me. My petition, which I hear is now in your hands, will state my case, and I will make no alteration for fear of delay [See 2 Jan. 1655–6]. But I believe Newton on Ouse, forfeited as my brother's, was my father's, by a 50 years' lease, still in being, and the administrator will probably recover it in the Exchequer; therefore the Protector would only grant me the reversion of that and 13l. a year, entailed on Normanby, co. York, but I would have the patent full for the whole estate, that I may make better terms with Col. Medford, my father's administrator, and a subtle man. The thing if gained will not compensate my charges, besides 11 voyages to England about it. [1 page. Copy sent enclosed to Geo. Hewett.]
Jan. 10/20.
Calais.
27. Col. R. W. to [Sec. Nicholas]. My letters have been sent by Zealand. I have yours of the 4th, and shall expect no more here, though as yet I hear nothing of my pass. If it come not within a few days, I shall try and go without it. I hear from England that while others enjoyed their Christmas with mirth and freedom, Cromwell doubled his guards of horse and foot, on either real or pretended fears of the Anabaptists, who have been active and bold in feeling the pulse of several officers of the army. Some say (but it is thought a fable) that they have lately tampered with his barber to make short work with him, but they certainly hope to destroy him by prayer, which (as they say) was the way they raised him. Simpson, with one or two other fierce Levites, and a cornet of Harrison's regiment, are made prisoners on this account.
Ludlow, after his close imprisonment at Beaumaris, was brought before Council on the charge of not acknowledging the present power; he refuses to give bond to be faithful to it, yet he is set at liberty, and has leave to go about the country, to ensnare him (as is believed). When Cromwell, lest he should disturb him during his absence in Scotland, made him Lieutenant-General of the Irish horse, a friend called to congratulate him, when his reply was that he must needs go whom the devil drives; so you see the jealousy between them.
The poor orthodox clergy have passed a Sunday in silence; the old Bishop of Armagh has been with Cromwell, but to little purpose, though he had some Court holy-water, a dinner, and a confirmation of church leases in Ireland.
It is said Cromwell will re-establish the Salters' Hall Committee to force prisoners for debt to satisfy their engagements by sale of their estates. It has been suppressed for some abuses this year or two. When it has new powers, the design will be to purchase debtors' lands at easy rates for Cromwell, by means of Nowell, a scrivener. I believe this because some King's Bench prisoners are severely dealt with, and it is said the Earl of Kildare is put amongst the common sort in that house.
Those gentlemen taken coming from mass at the Venetian Ambassador's house, and sent prisoners to Hicks' Hall, were many of them released on security, by the Lieutenant of the Tower, who went thither next day.
The Straits' fleet is making ready, but the best ships are to be sheathed, so that it will be 6 weeks before they can put to sea. Col. Montague, one of the Council, is to have equal power with Blake for the Straits. Several are nominated, but none decided on for the West India command. Six small vessels are building to ply about Dunkirk and Flanders, and one is building which will carry at least 90 guns.
P.S.—A son of Col. Marsh who lately came from England and lives with Mr. Loving, has brought a large M.S. of all the proceedings of the last King's murder, wherein is much that you have never seen. Mr. Loving may now be in your parts, and you may like a transcript of the book. Endorsed. Received 3/13 Feb. [12/3 pages.]
Jan. 11/21.
Cologne.
28. E. N. [Sec. Nicholas] to Mr. Jane, Englishman, Youffrou Street, Hague. I have yours of the 18th. I wonder what those that dislike the King's proceedings would have him do, as affairs now stand between France and Cromwell. They are so mad against some that they would rather the King's business should miscarry than prosper in such hands. I think it were much better for the King to be restored by the King of Spain than the King of France, holding a real and cordial alliance with Spain much more for the advantage of England than the friendship of France, which has always been pernicious.
I assure you (but take not notice of it from me) that the Levellers have had their envoys in Spain, and have an agency in Flanders. I think it is by their hypocritical dealing that the King of Spain has been induced to move with so slow a pace in the war against Cromwell, wherein the Spaniard will soon find himself grossly abused, and Don Alonso will be doubly cosened. Though the Spaniards are generally great assisters of monarchy, yet they prefer England as a republic, because it is so contrary to the nature of the English that it would keep them embroiled in perpetual divisions. When the King of Spain prosecutes the war against Cromwell vigorously, he will find it his interest to embrace the King's righteous quarrel, but till open war, he will not much heed what the King says about his interest in England. He is the more backward because he thinks the King too much inclined to France.
I hope the Princess Royal's journey will be more to her content than some imagine. I am glad the agreement between the two princesses [Princess Royal and Princess Dowager of Orange] is so well settled. Mr. Boswell is gone as one of the Princess's train. I marvel how he got means to fit himself for the journey. He may at Paris be allowed to wait on the Duke of Gloucester, in Mr. Griffith's absence. My Lord Lieutenant [Ormond] is expected next week. [2 pages.]
Jan. 11. 29. Petition of Henry Wilson to Council. He and 35 soldiers in co. Notts raised both horse and arms at their own expense, during the late insurrection at Salisbury. They were under Capt. Geo. Palmer for one month, and were then disbanded without any satisfaction. Coming to London for redress, by means of Commissary-General Whalley, gained a warrant from the Council to Mr. Frost, the treasurer, for payment of 54l. 2s. 6d., but Frost says he has no money to discharge it. Has petitioned the Treasury Commissioners, who say they require a warrant from Council. Begs the warrant, and consideration of his 10 weeks' stay and expenses. [½ page.]
Jan. 11. Order thereon that, as 210l. was ordered to be paid from Council's contingencies to Col. Goffe for recruits [see 18 Sept. 1657], a warrant be issued to the Treasury Commissioners to pay Mr. Frost 1,000l. from the first moneys that come in, and that he then pay the said 210l. and other warrants owing. [I. 76, p. 467.]
Jan. 11. 30. Petition of Archibald, Marquis of Argyle, to the Protector, for his approval of articles signed between Gen. Deane on the part of the Parliament of England, and himself, at his house at Inverary in 1652. [½ page.] Annexing,
30. i. Articles alluded to:—1. That the marquis shall do nothing against the Parliament of England, or their forces or authority in Scotland, but live peaceably, endeavour that his children and family do the same, and report to the officer of the next garrison, or the Commander-in-Chief, if any walk otherwise; allowing him, however, to endeavour the establishing of religion according to his conscience.
2. He engages that the inhabitants of Argyleshire and all his servants shall deport themselves accordingly.
3. Either he or his eldest son, the Lord of Lorne, engage, on a month's notice, to repair to England when required, provided they are not confined to less than 20 miles' compass, and have leave to wait on Parliament and the Council of Scotland.
4. Deane thereupon engages that the marquis shall have his liberty, and his estates, lands, and debts free from sequestration, but not from assessments or public burdens, nor his houses, except Inverary and Carrick, free from garrisoning. 19 Aug. 1652. [2 pages.]
Jan. 11. Reference thereon by Council to the Committee for Scotland, to consider the articles, and report. [I. 76, p. 468.]
Jan. 11. 31. Petition of Marg. Lammie to the Protector and Council. Attended the late King's children, and her place, worth 200l. a year, was reduced by the late Parliament to 40l. a year pension, which is behind 5 years. Begs continuance thereof, and payment of the arrears, or she must starve. [¾ page.]
Jan. 11. Note of its reading in Council, but no order. [I. 76, p. 468.]
[Jan. 11.] 32. Maj.-Gen. Butler to the President of Council. I enclose a particular of the Earl of Devonshire's estate in co. Hunts, subscribed by his own bailiff. His lordship writes me word that we have assessed him at a far greater value than ever he made out of his estate, but the particular was signed by his own bailiff. We could not allow any of the defalcations except two very petty ones, which may well be waived. Oundle, 7 Jan. 1655–6. [1 page.] Enclosing,
32. i. Particulars of the yearly value of the estate in Sawtry, Ivett, Moygues, and Beames, in 1654; total 1,568l. 10s. 5d., or with reductions requested but disallowed 1355l. 2s. 5d.; tax at 1/10, 156l. 17s. 0d. [1 page.]
Jan. 11. Note of the reading of this letter in Council. [I. 76, p. 468.]
Jan. 11. 33. Petition of the sheriffs, justices of the peace, and grand jurymen, of cos. Monmouth, Radnor, and Salop, the mayors, aldermen, and common councilmen of Bristol and Hereford, and inhabitants of the Forest of Dean, and the said counties and cities, and parts adjacent, to the Protector.
We are all deeply concerned in the incommodities from the weirs in the rivers Wye and Lugg, and have subscribed petitions and reasons annexed, showing the hindrance to trade and fishing, and the benefits that will accrue by speedy and vigorous redress. We beg an order for destroying the weirs, and making the rivers portable. With reference, 9 June 1654, to Council. [1 page.] Annexing,
33. i. Reasons for making the Wye and Lugg portable:—
(1.) That produce and manufactures may be transported, and exchanged for money which is very scarce.
(2.) That hundreds of fishermen might be employed if the weirs and engines, which take all and at all times, were removed, as thereby the fishing is almost lost.
The work can be proved feasible:—
1. From the judgment of the Commissioners for Sewers, on which the weirs were ordered by Queen Elizabeth and King James to be pulled down, though this was superseded by the influence of the Earl of Worcester and other powerful persons.
2. From the nature of the rivers, which are or may be made 4 feet deep in the shallowest parts, and thus would carry large vessels.
3. Large boats often sail from weir to weir, and then have to unlade into boats on the other side.
4. The country has for years presented the weirs as a nuisance at the assizes, and to the late Parliament, though it came not to effect, although it passed the Committee of Obstructions for making rivers portable. [2/3 page; also I. 92, No. 84.]
Jan. 11. Reference thereon by Council to the Committee of Trade, to report what should be done for advancement of trade and other public advantages. [I. 76, p. 471.]
Jan. 11. Notes of petitions, all in I. 92, referred to the Committee for Petitions, of their reports, and orders in Council, all in I. 76.
Clothiers and woollen manufacturers, for redress of abuses in that trade, and consideration of a bill annexed. Noted to consider whether there be not a committee of trade to which such matters may be referred. Reference thereon to the said Committee, to consult how the abuses may be redressed, and report. [I. 92, No. 67, I. 76, p. 470.]
Jan. 11. Edw. Rigby, for settlement of his plantation in New England, called the Province of Ligonia, granted by patent to his father by the late King. Referred to the Committee for Foreign Plantations. [No. 73, p. 471.]
Lieut. Rich. Nuttall, for payment of 56l. formerly ordered him out of the sequestrations of Cheshire, for disbursements about Crowton garrison, which he supplied with provisions, value 100l., and the deputy-lieutenants ordered the sequestrators of Edisbury, Worrall, and Broxall hundreds, to pay him the balance of 56l. out of discoveries. Order on certificate by Major Worsley and Col. Gilb. Ireland of his services and sufferings, that Worsley consider some way of paying him out of Cheshire monies, and certify. [No. 78, p. 471.]
Phil. Carteret, to be allowed to compound on Jersey articles, and for recompense for the Island of Sark; reported as formerly noticed by the Jersey Committee and not thought fit. Dismissed. [No. 83, p. 471.]
Capt. Fras. Messervey, for payment of 226l. 11s. 3d. due on debentures for arrears for service, on bills stated by the Worcester House Trustees, out of public rents in Jersey, or for liberty to import 200 tuns of French wine, duty free. Dismissed. [No. 86, p. 471.]
Major Thos. Gent, Lieut.-Col. Edw. Downes, Capt. Rob. Grosvenor, and Capt. John Ley, for the officers and soldiers of co. Stafford, for payment of their arrears out of discoveries to be made before appointed commissioners; report that it should be considered how discoveries may be used to the State's advantage. Referred back to the Committee for Petitions. [No. 89, p. 471.]
Jan. 11. Council. Day's Proceedings.
6. Order—on the certificate of Nich. Hill, a messenger of Council, of his serving an order of Dec. 18 last on Eliz. Maxwell, Countess of Dirleton, who was thereby enjoined to release the arrest against the Marquis of Argyle, which she refused to obey—that she be summoned to attend Council next Tuesday.
7, 8. 34. Approval of a report from the Committee of Trade and Navigation about the salaries of their officers, and granting 50l. for present use to their secretary, towards the charge of necessaries for the Committee.
Wm. Seaman to be secretary at 100l. a year.
Thos. Brice and John Martin, clerks, at 50l. each.
Jas. Noble, usher, at 40l.
Chris. Scriven and Jos. Travers, messengers, at 20l. each. Approved 6 Feb. Annexing,
34. i. Report alluded to, 17 Dec. 1655. [1 page.]
12. The petition of Robt. Wilkinson, minister at Word, Kent, for liberty to exercise his ministry, on the grounds set forth in a certificate annexed, referred to Maj.-Gen. Kelsey, to examine into and report the truth, and meanwhile to stay proceedings against him.
19. Order—on petition of Edw. Atkinson, surgeon to Col. Biscoe's regiment, Thos. Fairfax, his mate, Wm. Fryer, late mate, and 7 drummers of the regiment—shewing that in Dec. 1654, their regiment was called out of Scotland into England, and ordered to be paid in England, not regarding the Scotch establishment, according to which they had their pay on the muster of Nov. 27, 1654, whereupon Atkinson and Fairfax had their additional pay denied them, and Fryer and the 7 drummers had their whole 6 weeks' pay denied, which facts were certified to be true by Col. Biscoe and Lieut.-Col. Style—that the Army Committee issue warrants for their proper pay according to the establishment for Scotland. Approved 6 Feb.
20. Order—on the petition of Katherine, Countess Dowager of Carnwarth—that it be read again when his Highness and Lord Lambert are present.
24. The Admiralty Commissioners to consider the petition of John Freeman, senior, merchant of London, for leave to transport a quantity of saltpetre.
26. Approval by the Protector of 5 orders, Jan. 8–11.
27. Order that until the command of troops of horse be assigned to—Sedasky and—Nelthrop, late Adjutants-General of horse according to the last establishment, their pay be continued at 15s. a day; that their arrears since July 23 be paid, and that the Army Committee issue warrants to the War Treasurers accordingly. Approved 6 Feb.
29, 30. Ed. Lawrence, and John St. Barbe, of Brandlands, co. Hants, added to the Trade Committee. [I. 76, pp. 465–9.]
Jan. 11.
Whitehall.
Pres. Lawrence to Col. Robt. Guibon, Governor of Jersey. Council hearing that Capt. Francis Messervey, lately supposed to have gone to Jersey, is a person of dangerous principles, we desire your especial watch over him for the safety of the island. [I. 76, p. 471.]
Jan. 12. 35. Petition of the free carmen of London to the Protector. We have long had legal interests in car-rooms, which at our deaths were accounted assets, and have ever been enjoyed by our wives and children. Yet we were subject as other freemen to the city magistrates till 22 Elizabeth, when we were put by the city under the government of the Woodmongers' Company, and in 28 Elizabeth under Christ's Hospital; but in 3 James, we were transferred back to the Woodmongers, who gave bond to pay 150l. to Christ's Hospital, which has ever since been exacted from the carmen; and then by sinister means the Woodmongers procured our incorporation with them.
In 21 James, they procured a Star Chamber decree that the carrooms, which were then 417 in the city and suburbs, should not be our property, but should be disposed of by them. They have dispossessed many free carmen out of their car-rooms, have sold some, taken some from widows and orphans, and raised taxes on car-rooms of 10s. and 20s. each.
In 1649 we presented our grievances to the Long Parliament, who appointed a Committee, which after several days' hearing reported that we should be distinct from the Woodmongers; and an Act was prepared and twice read, ordering restitution of our car-rooms, but Parliament was dissolved before the third reading. The matter was referred by the next Parliament to the Committee for Trade, who after many hearings agreed to the resolution for separation of the companies. Yet the Woodmongers proceed in their tyranny and oppression, arresting some of us and threatening others. We beg relief. With reference thereon to Council. [1 page. 12 signatures, 6 of which are by mark; also I. 92, No. 530.]
Jan. 15. 36. Petition of John Buck to the Protector. In August 1652, I married Mary, daughter and heiress of the late Wm. Ashton, and was to have with her lands value 240l. a year. I bound myself in 1,000l. to her mother, Mary, now wife of Edw. Turner, in lieu of the said lands, to settle on his wife and heirs male lands value 1,200l. a year. I had a daughter by my wife, but in June 1654, her mother and Joan Ewer, her grandmother, conveyed her away without cause, and keep her so secretly that I cannot discover where she is; they pretend my wife has had another child, but will not say whether male or female, so that a suppositious child may be made my heir, and my estate wasted by the claims of this pretended child.
I beg an order to compel Mary Turner and the other confederates to declare where my wife and the child are, and to prove the birth of the other child on oath. With reference thereon to Council, 1 Aug. 1655. [1 page, also I. 92, No. 429.]
Jan. 15. Reference thereon by Council to Mulgrave, Jones, Strickland, Rous, Lambert, and Fiennes, to examine and certify. [I. 76, p. 472.]
Jan. 15. Council. Day's Proceedings.
1, 3. John Claypole, Master of Horse to his Highness, and John Barnard added to the Trade Committee. Approved 19 Jan.
6. Copies of the instructions presented to Council on behalf of the East India Company, according to the arbitration between them and Ald. Fowke, to be sent to Fowke.
8. Order on report on the petition of the mayor and corporation of Chichester—[see 5 Jan. 1655–6] that the hospital was ancient and was confirmed by Queen Elizabeth to consist of a master or custos and 5 poor people, the master to be elected by a prebendary of the cathedral, and the men by the dean and master alternately; the master to have 8l. a year, and each man 8d. a week, and to be regulated by the dean and chapter, &c.—that the mayor and aldermen have the governance, employing all the money in repairs or charitable uses, taking no fines on new leases, and giving in accounts to such persons as his Highness shall appoint. Annexing,
37. Report on which the said order was founded, signed by Mulgrave and Rous. [1½ pages.]
9. Order to request his Highness to grant the same by patent, and that the statutes for government of the hospital may be amended by persons to be appointed. Approved 6 Feb.
10. Approval by the Protector of an order of Jan. 9. [I. 76, pp. 471–3.]
Jan. 16. Note of a petition referred 11 July 1654 to the Committee for Petitions, of the inhabitants of New Buckenham, co. Norfolk, for liberty to present a minister, and for an increase of his maintenance. Noted "case extraordinary, and to be recommended to the trustees." —Order in Council that Mr. Rous be added to the Committee of Council to whom it was referred to consider the paper from the Trustees for Maintenance of Ministers concerning augmentations to several places, and to take care of that business. [I. 92, No. 155; I. 76, p. 475.]
Jan. 16. Council. Day's Proceedings.
1. Approval by the Protector of an order of 11 Jan.
2. Approval of an augmentation of 30l. granted by the Trustees to John Leigh, minister of Outwell, Isle of Ely. Approved 6 Feb.
3. 38. Eliz. Maxwell, Countess of Dirleton, to be summoned to attend Council on Tuesday, to answer for her disobeying Council's order of Dec. 18 last.
4. Order on a former Order of Council [see 2 Sept. 1654] that Hum. Jones, their former treasurer, be the person appointed by the Trustees for sale of the late King's goods to receive the 9,717l. 18s. 6d. from Scotch fines from Geo. Bilton, deputy-treasurer at Leith, and that, for its equal distribution, the Trustees give in an entire list of the creditors and servants, and the sums due, and what proportion should be paid from the present moiety of the said sum. Annexing,
39. List, as ordered, of the creditors to the late King, allowed by Parliament delivered by the Trustees for sale of his goods on an Order in Council, giving in parallel columns
1. The names and amount.
2. What allowed in the 2nd list.
3. Amount paid in money or goods.
4. Balance still due.
Of these the general creditors are 134.
Huntsmen, 17. Falconers, 11.
Stable officers, 14. Farriers, 3.
Grooms of the stables, 19. Guard, 62.
Tower guard, 36. Porters to the gate, 4.
Bakehouse, 5. Kitchen officers, 8.
Chandry, 2. Larder, 11.
Harbingers, 6. Chamber officers, 11.
Trumpeters, 8. Carriage officers, 8.
Buttery officers, 6. Messengers, &c., 15.
Sempstress, 1. Woodyard, 3.
Exchequer allowances, 34. Footmen, 5.
Coachmen, 9. Sumpter men, 4.
Littermen, 4. Poultry, &c., 10.
Servants to the children, 11. Laundry, 8.
Counting house, 2. Cellar, 7.
Hall officers, 4. Gentlemen pensioners, 7.
Wardrobe keepers, 11. Total yet due, 14,100l.
With list of 20 persons whose debts are specially commended by his Highness or Council, or some members of it. [Book of 14 written and 6 blank pages.]
5. Order—on petition of Richard, Robert, Walter, Philip, and Mary Eldred, children of Walter Eldred, silkman of London, deceased— that their case be recommended to the Trustees for sale of the late King's goods, to see that they have at least an equal proportion with others of the Scottish fines' money.
6. To advise a warrant to the Treasury Commissioners to pay Frost 1,000l. for the Council's contingencies.
8. Order approving a report from the referees for appeals from Guernsey in the case of John Le Mesurier v. Mat. Pennier, from a judgment in the Guernsey court, that they think the judgment should be affirmed, and Mesurier should pay Pennier 2/5 of 80 tuns of wine, or money equivalent; also 20 marks for costs. Approved 6 Feb.
9. The Prize Goods' Commissioners to deliver to Embree 9 marble pillars and 6 tables now in the prize office, for his Highness's use.
10. The Customs' Commissioners to permit an organ to be shipped and brought from Exeter to London by sea for his Highness's use.
11. Order on Clement Kinnersley's report on what Lord Broghill offered to his Highness concerning using the hangings which were at Dunottar Castle for the accommodation of the Scotch Council,—that beside the 12 pieces of hangings brought here, the 22 used by the Scotch Council, and the 6 used at Dalkeith, there are other hangings, plate, and goods of the late King, in charge of Sir John Actmooty, Master of the Wardrobe, and that Kinnersley has employed there Wm. Hawkins to find out the same,—that the Council in Scotland be requested to encourage Hawkins in that service.
14. Edw. Dendy's petition referred to the Irish Committee, to whom were referred those of Sir John Barrington and Sir Wm. Masham.
16. Wolsley, Lord Deputy, and Sydenham added to the Committee on John Buck's petition.
18. Rous added to the Committee on the paper from the Trustees for Maintenance of Ministers concerning augmentations, and he is to take care of the business.
19. The petition and papers of Thos. Violet referred to Montague and Sydenham, to report.
20. The petition and papers of Col. Geo. Twistleton, Governor of Denbigh Castle, referred to Mulgrave, Jones, Wolsley, and Strickland, to report. [I. 76, pp. 473–477.]
Jan. 16.
Whitehall.
Pres. Lawrence to Desborow, Maj.-General for co. Devon. His Highness and Council being satisfied as to the sequestration of the estate of William, Earl of Bedford, by the then Parliament, by whom it was also taken off, have ordered that he be discharged by you and the Commissioners for securing the peace. With note of like letters to Maj.-Gen. Wm. Butler for cos. Northampton and Bedford, Maj.-Gen. John Berkstead for Middlesex, and to the Major General of co. Herts. [I. 76, p. 466.]
Jan. 16.
Whitehall.
Pres. Lawrence to Lord Broghill and the Council in Scotland. Council has considered yours of 6 Nov. about the continuance of the hangings and other things now in service of the Council there, and has received an account of them from Clement Kinnersley. They approve that the goods in service with the Council and with Gen. Monk at Dalkeith be continued; but hearing that besides those hangings and the 12 pieces of hangings brought hither, there are other pieces to a great number and value, and also much plate and other goods belonging to the late King which are concealed there, they have directed Kinnersley to find out the same. For this he has employed Wm. Hawkins, now in Scotland, to whom you should give countenance and authority to enable him to discover and get possession of the said hangings, plate, &c. [I. 76, p. 477.]
Jan. 16/26.
Paris.
40. Alex. Calander to Williamson, Saumur. I am sorry that business obliged me to be absent and deprived me of your company, but I hope you will find at my sister's as much content as you would have elsewhere at Saumur, though not like England. If you need anything, speak frankly. [1¼ pages. French.]
Jan. 16/26.
Paris.
41. M. Passaert to Williamson. There were only 580 livres instead of 590 as you thought in the money you gave my nephew. I hope you will make no difficulty in deducting the 10 livres. [1 page.]
Jan. 17. 42. Petition of Cuthbert Studholme, and 6 other aldermen and well affected citizens of Carlisle, to the Protector. We rejoice in your unwearied endeavours to settle the peace of the nation, and especially in your late declaration, disabling Malignants from bearing office in Church or State.
Our city is governed by a mayor, 11 aldermen, and 24 citizens.
All the aldermen, except Rich. Barwis, having served against Parliament before 1647, were ejected, and some of the most active citizens; but the rest were retained, in hopes that they would change their principles, or at least comply outwardly.
But since the Act of Oblivion, Peter Norman has animated the Malignants, and they elected him mayor in 1654, and again for this year, since which our efforts for the public good have been fruitless. We beg that all the disaffected may be discharged, and that no prejudice may accrue to our charter for want of the full number. With reference to Council 16 Jan. 1655–6. [1 sheet.] Annexing,
42. i. Nine articles against Peter Norman, Mayor of Carlisle, e.g., that he joined the King's party, opposed a reformation of the alehouses, got the election of disaffected aldermen, countenanced Thos. Musgrave, a Malignant schoolmaster, and opposed a pious one settled there, acted unjustly in Court, altered documents, &c. 26 Dec. 1655. [1 sheet.]
42. ii. Articles against Thos. Syde and 15 other citizens of Carlisle to similar effect. [1 page.]
Jan. 17. Reference in Council of the said petition and papers to Desborow, Lambert, Strickland, and Mulgrave, to enquire and report. [I. 76, p. 480.]
Jan. 17. Council. Day's Proceedings.
5. The Treasury Commissioners to consider how the militia in their several counties may best be paid, and report.
6. To write to Col. Lilburne, Deputy Major-General for co. York, according to the tenor of a former letter of Dec. 27,1655, and in behalf of the Earl of Devon, according to an order of Council of December, with an intimation of the Council's sense as in that to Maj.-Gen. Whalley.
7.43. Order—on report from the Admiralty Commissioners that 5 ships and some other vessels for transportation of provisions should be provided to attend the fleet now going to sea, and that they have pitched upon 4 fire ships and 2 for provisions, that the said Commissioners be authorised to order the said ships to be made ready and victualled. Approved 19 Jan.
8. The Commissioners for the French treaty to consider of fit persons to be commissioners for adjusting damages according to the articles of the French treaty, and to report their names.
9. The report from the Committee on John Blackwell junior's petition, recommitted, and the same Committee to consider it this afternoon, and report tomorrow.
10. The Treasury Commissioners to proceed as they think fit in cases of the account of money due for customs.
11. To advise a license for transportation of 5,000 Irish from Ireland to Venice, for service of that Commonwealth, upon fit rules for their management, and security that they shall not be transported elsewhere.
13.44. Order approving a report of the Admiralty Commissioners, setting forth that the fleet is ready to receive the land soldiers, who should be distributed according to a list given, and those for Portsmouth sent thither, their officers seeing them on board, and Lambert to see it executed. With list of 24 ships in London and 15 at Portsmouth, conveying 6,872 seamen and 1,318 soldiers.
14. The Commissioners for regulating printing to deliver the newly printed Popish books they seized to the sheriffs of London and Middlesex, who are to have them burnt in Cheapside or the Old Exchange.
15. Scobell to write to Col. Lilburne that on Dec. 18 last, his Highness delivered to Council a paper called the Case of the Earl of Sussex, on consideration whereof, they left the Commissioners [for securing the peace] to proceed according to their instructions.
16. The petition of the town of Wisbeach referred to Jones, Sydenham, Wolsley, the Lord Deputy, Strickland, and Lambert, to report.
18. Process to be issued out of the Exchequer against Col. Edm. Harvey, as to his real and personal estate, on the account stated, for moneys due for customs. The Treasury Commissioners to take order accordingly. [I. 76, pp. 477–480.]
Jan. 18. 45. Petition of Lieut. Col. Wm. Style to the Protector. In Sept. 1650, I bought a fee farm rent of 61l. 0s. 4¼d. in co. Bucks, payable by Marmaduke Darell, but the demesne lands being granted away, there remains only 33l. 6s. 2d. copyhold rents, and Darell is fallen to great poverty, and fled beyond sea, as that I can only get the quit rents. The Commissioners for Obstructions advised my going to law, and then they would relieve me, and I did so to great cost and without fruit, for they disallowed 140l. spent in prosecuting the Commonwealth's title; they ordered me 14 Nov. last 396l. 17s. 6¼d. decayed rents, arrears and taxes from the time of purchase, but the Treasurers say that by the Act they have no power to pay it. I beg your order for payment of this and the 140l. With reference signed by the Protector to Council, to relieve him according to the said order of 14 Nov. [1 page.]
Jan. 18. Reference thereon in Council to Wolsley, Jones, Strickland, Lambert, Fiennes, to report. [I. 76, p. 483.]
Jan. 18. Council. Day's Proceedings.
1. The report from the Committee on the petition of the town of Wisbeach, Isle of Ely,—setting forth that in the late wars they lent Parliament from the town stock 150l., paid to Lieut.-Col. Dobson, then Deputy Governor of the Isle; 20l. to Capt. Gramble, and 250l. for which they had excise security, which they were forced to sell for 150l., and they pray for the 270l. yet due, for which they have received no interest, out of discoveries of money or other estate owing; and that the petitioners should have paid to them the 150l. and 20l. prayed for, with interest, out of discoveries of delinquents' estates;—agreed with, and the money ordered to be paid to Wm. Fisher, Henry Farrar, and James Edwards, out of money brought in on discoveries made by Wisbeach to the Treasury Commissioners, who are empowered to receive and manage such, and issue the money to the above, on his Highness's warrants, which he is advised to issue accordingly. Approved 6 Feb.
3. The payment of a pension of 4l. a week ordered to Sir Adam Loftus having been some time discontinued, his Highness to be advised to issue a warrant for the arrears of the said pension, and for Frost to continue further payments; the Privy Seal for it to pass without fees.
4. An order having passed Nov. last [see p. 42 supra], for Col. Rob. Lilburne to certify what is due to Capt. Thos. Foster, governor of Middleham Castle, co. York, for soldiers raised during the late insurrection, which shall be paid for from army contingencies, and he certifying that their pay, with fire and candles for the guards, amounts to 361l., which was paid to Foster by Chris. Piercy-Hey, receiver general of co. York,—order that the payment from army contingencies be discharged, and his Highness advised to warrant repayment of the sum to Piercy-Hey from the Exchequer.
5. The Committee on the collection for the Protestants of Piedmont to meet at Whitehall at 2 on Monday, to receive communications.
6. Mr. Secretary to tell the Committee the substance of the letters to Council now read to him, and the payment of the money returned by Maj. Chamberlain, that order may be given for delivering up his the bills of exchange.
7. All the members of Council added to that Committee.
8. Order on a report from the said Committee, that letters be written to the Justices of Peace in the several counties, to cause return of the money already collected, and collections to be made where it has not been done.
9. Order on report from the Committee of Council on augmentations granted but not approved, shewing that the augmentations are reduced to 3 heads, viz.:—
(1.) Augmentations payable by them [i.e., the Trustees for Maintenance of Ministers], some of which they have reduced to less sums than formerly, to be continued to the present ministers, they being already approved by the Commissioners for Approbation of Preachers; but till the reducements are approved by his Highness and Council, the former augmentations are paid, which prejudices others since granted.
(2.) Augmentations formerly granted, but discontinued by the departure of the ministers, or for want of reviving them according to the Act, which the trustees have reviewed, and have continued those expressed in the list, the ministers being first approved.
(3.) Such augmentations as, on addresses from various places, they have granted to the ministers, being first approved as aforesaid, but which cannot be paid without Council's approval.
The Committee finds that many have been approved by particular orders, and sees no cause to disallow them, and therefore advises that such as are reduced or suspended, and not already approved, be approved. That those suspended in the list be suspended, and the rest approved, and that the Trustees cause them to be paid.
Confirmed by his Highness as to the reducement of Dr. Burgess' augmentation only, 6 Feb. Annexing,
46. Report of the said Trustees, giving a list of the 3 several classes of augmentations, arranged under their respective counties. 9 Aug. 1655. [Book of 17 written and 11 blank pages.]
11. Order—on hearing that some of the sequestrators of the profits of Bradfeild rectory attended Council according to his Highness's direction—that the matter be referred to Pickering, Wolsley, Lambert, Fiennes, the Lord Deputy, and Jones, to report, and to have power to dismiss the sequestrators from further attendance.
12. Geo. Wharton not to be released from imprisonment in Windsor Castle.
15. The clerks of Council to learn what public business now remains before Council, and lay a note thereof before the Lord President, and to do the same from time to time.
16. No Committee of Council to sit in the mornings of the days when Council is to sit, that Council may be more free to sit in convenient time in the mornings.
17. Council not to sit tomorrow to hear reports on private petitions. [I. 76, pp. 480–4.]
Jan. 18.
Whitehall.
Pres. Lawrence to the mayor, aldermen, and chief citizens of Carlisle [on report from the Committee on their petitions]. Divers inhabitants have complained of the election of disaffected persons as your magistrates. Council desiring that the government of the city be in hands that will manage it with due respect to the honour of religion and the public advantage, requires you to give speedy order for the executing his Highness's order of 21 Sept. last, forbidding delinquents to bear office, removing unqualified persons, and regulating future elections. [I. 76, p. 484.]
Jan. 18.
Whitehall.
Pres. Lawrence to the Major-General and Commander-in-Chief for Cumberland. Divers aldermen, &c., of Carlisle having complained of the election of disaffected magistrates, Council has required the mayor, &c., to execute the Proclamation of 21 Sept., and desires you to assist them therein, and to see it thoroughly performed. [I. 76, p. 484.] Annexing,
47. Report on which the said order and letters are founded. 18 Jan. 1655–6. [1 page.]
Jan. 18.
Whitehall.
President Lawrence to Whalley, Maj.-General of cos. Notts and Derby. Council have received yours of 9 Jan. touching the Earl of Devonshire's estate, and inform you that their order was not to discharge the estates from the tax, nor to divert the money from the several militia forces in the counties where they lie, and is to be no discouragement to your proceedings. They have referred to a Committee your request for the present payment of the militia forces, and you will receive directions. They have received your letter touching Lord Bellasis, and do not advise his Highness to do anything, but leave the Commissioners to act on their instructions. [I. 76, p. 478.] Annexing,
48. Particulars of the Earl's estate in Mansfield, Sutton, Normanton, &c., co. Notts; total 591l. 6s. 8d. 10 Jan. 1655–6. [2 pages.]
48. i. Like particulars of lands in Baslow, Chatsworth, Youlgrave, &c., co. Derby. Total 2,346l. 17s. 9d. Jan. 4, 1655–6. Also account of his personal estate, furniture, bedding, &c., for which he compounded with the Derby House Committee at 180l., but so much was embezzled and taken by the soldiers that 200l. has to be spent to buy new goods. His best household stuff is always removed from one house to another where he resides, and is now in co. Bucks. His cattle, stock, and furniture in the county are valued at 531l. 6s. 8. 14 Jan. 1655–6. [2½ pages.]
Jan. 18.
Whitehall.
Pres. Lawrence to the Maj.-General and Commissioners of co. Northampton. His Highness has referred it to the Major-General and Commissioners of co. Oxon to state Sir Thos. Pope's case on his petition, and no return being yet made thereupon, Council desires you to suspend proceedings against him pending the answer. With note of like letter to the Major-General of co. Warwick. [I. 76, p. 483.]
Jan. 18/28.
Paris.
49. T. Ross to [Sec. Nicholas] (fn. 1). I have your addition to the cypher. I have written Dick Pile about the King's pleasure, but you should write too; he will be glad that you hope to use his horses, for he and his partners were despairing of selling them in this general depression of trade. The worthy person I offered you in my last, Rich. Hopton (call him Kemp in your cypher), is impatient to know your mind. We seldom find in a volunteer such a concurrence of requisites, viz., fidelity, credit, courage, discretion, and a purse. When your pleasure arrives, he will go for England to know the condition of your estate there, that you may take possession as soon as your tenant Cromwell gives up his lease, which will soon be effected. I am glad the King approves young Ant. Hungerford; I hope he is at London by this. I will enquire about what you desire, especially the Navy. I hear from one whose brother is a prime officer in the Navy that 80 ships are preparing for the Straits and Jamaica, but I do not think they are meant for Jamaica, because none are sheathed. Penn, Blake, and Sir Geo. Ayscue are nominated the 3 admirals. The Levellers are nothing now, at least their party is not mentioned by any. Ask Albert whether Sir Geo. Ayscue might not befriend your suit, for I have heard that Ayscue began to have a sense that he had wronged you, and might be won to do satisfaction, and if so, he should be instructed to be of our council against next term. Albert might find a way, by Mart. Clifford or some other, to feel his pulse.
Thanks for your paying Mr. Booth. I cannot help troubling you, having never before been in so sad a condition. I am glad you are purging your family from false persons. If I could get loose from Cromwell's bond, I would petition to wait on the Duke of Gloucester, in place of him you have dismissed, but you have many more worthy. Your news of Skippon is very welcome. I wish the number of traitors were lessened by his death. We are here heightened with the loss of the Swedes in Poland, but you do not name it. Noted, received 6 Feb. [2 pages.]
Jan. 18.
Queen's College.
50. Tim. Halton to Jos. Williamson, at Hum. Robinson's, 3 Pigeons, Paul's Churchyard, London. There is not much college news. The election for Tabarders is still deferred, though the fellows courted the Provost, but he will not give way till they consent for a third chaplain. T. B. is the main opposer; he would not believe Lamplugh, who presented your service to him; I believe Lamplugh will yet continue, though some bandy against him. Mr. Cartwright has a parsonage in London, and Mr. Gregory in Shropshire. There will be no election of fellows till Sir Ellis is fit, though some say he shall never be a candidate at the same election with me. For any secrets you write me, I will have a stronger padlock on my lips than the Venetian husbands tie upon their wives.
P.S. After a 5 hours' canvass, Lamplugh is declared a fellow by 7 voices against 5, the Provost being for him. As the Provost's party is the stronger, he will grant the election for Tabarders next week. [2¼ pages.]
Jan. 19.
Whitehall.
Pres. Lawrence to Whalley, Major-General of cos. Notts and Derby. His Highness and Council being satisfied about John, Earl of Clare, have ordered discharge of proceedings against his person or estate, on the orders given you and the Commissioners for securing the peace, and desire you to act accordingly. With note of like letters to Maj.-Gen. Chas. Worsley for cos. Stafford, &c., and Sir John Barkstead for co. Middlesex. [I. 76, pp. 466–7.]
Jan. 19. Approval by the Protector of 2 orders of 15 and 17 Jan. [I. 76, p. 485.]
Jan. 19.
York.
51. The Commissioners for co. York to Council. On your instructions, we have taken an account of the Earl of Devonshire's estate in this county, and taxed it, the tenth amounting to 217l. 10s. 8d. 4 signatures. [1 page.] Annexing,
51. i. Particulars of the estates, tithes, impropriations, &c., in co. York, of William, Earl of Devonshire, presented to the Commissioners at York, 12 Jan. 1655–6. [12/3 pages.]
Jan. 20.
New College, Oxford.
52. Thos. Butler to his "captain," Jos. Williamson. Compliments. Mr. Aubrey has left us and Hob is forced by his college to leave. As my paper has a great way to go, I will not load it. [1 page.]
Jan. 21. 53. Declaration by Turbervile Morgan, Hector, his son, and Hugh Lewis, that—being appointed by patent of 13 Car. searchers in Sandwich, Kent, and all its ports, and creeks, in place of Thos. Rookes, to search ships for suspicious persons, and those bringing over bulls, letters, or other prejudicial things, and also for prohibited goods, or goods brought in not customed, and to keep them in safe custody till further order,—in Jan. 1653–4 the other two transferred their office to Hector Morgan, on 25 Dec. 1655 all 3 resigned their said office to the Protector, and on 21 Jan. 1655–6, Hector Morgan came before the Protector, and acknowledged the resignation. [8 sheets.]
Jan. 22. 54. Petition of Mary, widow of Capt. Fras. Greene, commander of the Green Dragon, to the Protector and Council. In 1645, my husband being on the Northern guard, near Newcastle, was slain in fight with a Hamburgher, which was taken, and I left pregnant with 6 small children, in Ipswich. The Navy Commissioners promised to sue Parliament for 100l. for me, but for want of friends, I have received nothing. There is 393l. 7s. 6d. due for hire and freight of the ship, of which 1/16 belongs to me, and you have given subsistence to other widows who lost their husbands; I beg payment of my 1/16 being 24l. and an allowance. With reference to Council for speedy order, 24 Oct. 1655. [1 page.]
Jan. 22. 55. Reference thereon by Council to the Admiralty Commissioners, to certify. [½ page; also I. 76, p. 488.]
Jan. 22. Note of petitions referred to the Committee for Petitions, on which no Council orders were given, all from I. 92; those marked a are noted as referred, b as not referred.
Jan. 22. Thos. Carter, for a consideration for Carlisle Castle, worth 20l. a year, which is his house, but has been used as a garrison since 1648. The Army Committee to examine the case, and certify (a). [No. 414.]
Owen Lloyd, late commissioner for provisions for North Wales, and for the auxiliaries employed for reducing Anglesea, for payment for provisions taken up on his own credit, the furnishers being still unpaid, in spite of orders by the Committee of North Wales, Lord Fairfax, the gentlemen of the country, the judges, and his Highness, then Lord-General. Submitted. [No. 415.]
Frances Benden, widow, for restoration to freedom. Has a little land to keep a cow and maintain her family, but Rich. Foule of Bedcorne, Kent, has imprisoned her on an attachment out of the Exchequer for tithes, and the Court would constrain her to swear in her own cause, which is unjust. Major-Gen. Kelsey to endeavour a composure. [No. 416.]
Commissioners for charitable uses in Middlesex, for some power which is short in their commissions, and offering an exception to a proviso therein. Delivered by his Highness. Submitted. [No. 417.]
Inhabitants of Rotherhithe, Surrey, for removal of Mr. Cowes from the rectory, and replacing of Mr. Santhill. Not prosecuted (b). [No. 422.]
Hen. Hill and Rich. Tomlyns, for confirmation of an Ordinance of of Parliament for the sole printing of the Dutch annotations translated by Mr. Hack. To be granted (b). [No. 423.]
John Amour, and other tenants to the participants in Hatfield chase level, for renewal of a Council of State order of 31 Aug. 1653, for possession of 7,400 acres of land. Submitted (a). [No. 424.]
Trustees for Maintenance of Ministers. Represent the loss of divers of the first-fruits by occasion of Mr. Baker; they have therefore taken them into their own management (a). [No. 426.]
Col. Heriott Washbourne, for discharge, by lands in England or Ireland, of 2,500l. owing him, viz., 442l. on Public Faith bills, and the rest arrears; or for employment for subsistence. To be allowed out of discoveries (a). [No. 428.]
Inhabitants and owners of the precincts of the late cathedral of Canterbury, for confirmation of their ancient privileges purchased by them, of exemption from the corporation and from doing service, and of power to keep a court leet, and to chose officers for raising money, according to the Statute of 43 Eliz. Submitted (a). [No. 430.]
Rob. Button, for relief for 120l. loss through a fire at Filby, co. Norfolk. Recommended to the Major-General and justices to provide for his relief, according to law (a). [No. 431.]
John Bacon and Sarah his wife, relict of Capt. Thos. Malby, for satisfaction from the French for the ship Speedwell, taken by the Admiral and Vice-Admiral of France for the service. Left to the [Admiralty] Commissioners (a). [No. 432.]
Mich. Craik, for confirmation of his place as Serjeant-at-Arms to the House of Commons, granted him by the late King, or for a yearly allowance from Mr. Birkenhead who has the place, or for a pension. Submitted (a). [No. 434.]
Jan. 22. Carteret, son of the late Benj. Le Cloch of Jersey, for fulfilment of a promise made by Col. Heane on reducing the island, that 583l. 4s. 0d. borrowed from his father should be defalcated from the fine imposed by the Commissioners on his estate. With reply that moneys so lent are already ordered to be discharged out of the respective fines (a). [No. 435.]
Sir Wm. Killigrew and other participants in Lindsey level, for confirmation of what was drawn in an Ordinance of his Highness for settling their possession, or some other way to satisfy the work and establish their interest. Noted "cannot be" (b). [No. 437.]
David Clerk, a Scotch prisoner engaged at Worcester, for allowance out of his estate in Scotland, which has been seized, to subsist on, and pay his debts. Submitted (a). [No. 438.]
Mariana, wife of Lieut.-Col. Bland, for part of the pay of her husband, or of her son as ensign, to transport her to Ireland, where she has 5 small children. Mr. Hodges to do according to the rules (b). [No. 439.]
Hen. Robinson, late comptroller for sale of the late King's lands and fee farm rents, for payment of the arrears of his salary of 300l. a year, since 1 July 1652. Submitted (a.) [No. 440.]
Jos. Cosh, of Hardwick, co. Norfolk, for a patent to collect for his damage of 225l. by a fire. The Major-General and justices to provide for his relief (a). [No. 442.]
Hester, widow of Nich. Briott, for a pension, or a considerable sum, in lieu of 2,800l. due to her husband on his salary of 250l. a year as servant to the late King in the Mint, of which little has been received. Submitted (a). [No. 443.]
Simon Ognell and others. Having several discoveries to make, beg time to find and seize the estates concealed, and 2/5 for themselves of what comes in therefrom. With reference to the Treasury Commissioners to receive the discoveries, and allow such part as they think fit (a). [No. 444.]
Rich. Jackson, master of the free school at Segbergh, for disablement from all places of trust and power of John Otway, who was ejected from a fellowship in St. John's College, Cambridge, and afterwards went with the King's army, yet is chosen feoffee of the school. Noted "provided for by the proclamation" (a). [No. 446.]
Evan Walworth. Had a grant in 1633, from the then Lord-Mayor of London, of the reversion of a prothonotary's place in the Sheriff's Court, but reversions were taken away by consent of Sir Mich. Raunton, of whom he bought it. Begs a recommendation to the lord-mayor and court of aldermen, to order Raunton's executors to repay the purchase money with damages, or to the present officer to allow him a maintenance. Submitted. [No. 448.]
Col. John Bradley and others of the searcher's office, for allowance of 44l. 6s. 0d. expended by them in defence of their places held under Parliament, against Watkins and Elway, the former searchers. Submitted (a). [No. 449.]
Hum. Bell, warder of the Tower, and William, son of Wm. Franklyn, late warder, that the Treasury Commissioners may view their warrants for 22l. 10s. 0d. to Bell, for charges of Col. Brown Bushel, and 23l. 15s. 0d. to Franklyn for Col. Reneking, and certify them as done with other arrears of the kind, but not with theirs, because they had special warrants. Referred to the Treasury Commissioners (b). [No. 450.]
Earl of Sutherland. Lost 5,336l. by his affection to the State, as reported by Maj.-Gen. Whalley, and 2,000l. by the taking away of the ward-holding and superiority in Scotland, the Act for which is a benefit to others, but a loss to him. Begs reparation, or liberty to compound for wardships with those that hold of him, and exemption from taxes meanwhile. With reference to the Council for Scotland, to offer their opinion. [No. 456.]
Elizabeth, widow of Hen. Jobson, chapel-keeper at Whitehall, to continue in the employment. Noted "to be reported as fit" (b). [No. 458.]
Wm. Dickins, minister, that some justices named may give him possession of Notgrave, co. Gloucester, to which he was presented, and approved by the County Commissioners, but Bob. Rawden detains it. Noted "not looked after" (b). [No. 459.]
Frances, widow of Rob. Cuningham, clerk, who was brother and administrator to Col. Adam Cuningham, for payment by lands in Ireland of 602l. 4s. 6d. due for Col. Adam Cunningham's arrears. Submitted (b). [No. 459a.]
Edw. Davis, for a prize ship and furniture, which he will employ to carry Tories, and pay for it, if he gets satisfaction from Spain for his ship, pressed by the Committee at Dublin to transport Irish to Spain, and lost, for which a letter was written to the Spanish ambassador, but not answered (b). [No. 460.]
John, Lord Sinclair. Has been prisoner 4 years, and all means of subsistence gone; the 40s. a week allowed him 12 months since is stopped and secured by his creditors. Begs the 40s. a week for the first 3 years out of the Exchequer, or his estate in Scotland, continuance of the 40s., and leave to go to Hampshire on bail, for his health. Submitted (a). [No. 461.]
Thos. Wright and 4 other gunners in the Tower, for payment to each of 66l. 18s. 0d. for their arrears to Jan. 1653–4. To refer to a report made by the Admiralty Commissioners. [No. 468.]
John Mauger, Protestant of Dieppe, for restitution of his ship, the Greyhound, taken by Capt. Gittins as he was coming from Nantes. Submitted (a). [No. 471.]
Wm. Ryder, for discharge of a case of "tabees" consigned to him by Capt. Tinker, in the Venetian service, for relief of Tinker's wife and children, but seized as brought in contrary to the Act; Tinker being away is a stranger to the laws. Referred to the Committee for preservation of Customs to report (b). [No. 472.]
Company of pewterers of London, for an impost on all tin exported unwrought, with reasons therefor; Simpkins, a pewterer, has exhibited a like petition in their name, without their privity. Like reference (a). [No. 473.]
Thos. Godman and the inhabitants of Chichester, for a brief for a collection, having lost 1,104l. value in a great fire 10 March 1654–5. Granted in that county (a). [No. 475.]
Jan. 22. And. Cole, for the creditors of the Duke of Hamilton, for relief. The Duke leased Chelsea Manor to Lord Belhaven, and petitioner his assignee, for payment of 20,000l. Mr. Goodwin and Heveningham, on pretence of tenant right, purchased as immediate tenants the manor house and grounds, though their lease was not allowed by the Committee for obstructions. Noted "left to law" (a). [No. 477.]
Mayor and aldermen of Great Torrington, co. Devon, for forbearance of the levying for 1648, 1649, and 1650, of an annual rent of 51l. from their town. Their church and houses were blown up, and they have sustained other great losses, and the tenants are unable to pay. Referred to the Treasury Commissioners (b). [No. 479.]
Simon Rumney, minister, for money towards his transport to Ireland, having obtained approbation of his going there. Submitted (a). [No. 480.]
Wm. Legg. On 16 Feb. 1654–5 left his lodgings at Whitehall; begs the salary of 300l. a year settled on him by the Council of State, and due 19 June 1655, and money disbursed for wardrobe goods now in his Highness's service; also a maintenance for the future, being 70 years old, and having his office by patent, and 2,528l. arrears (b). [No. 481.]
Divers burgesses and inhabitants of Chipping Wycombe, co. Bucks. They have been faithful, yet are excluded by the present mayor, &c., and unfit persons admitted, whereby great suits are occasioned, and the poor prejudiced. Beg that the overseers may be restored, John Grove made mayor for next year, they disentangled from law, the oppressed relieved, and Malignants checked. With order to the Maj.-Gen. to endeavour a composure or certify (a). [No. 482.]
Dietrich Stoefken by Edw. Ferver, of Hamburg, for relief. The Michael of Hamburg, taken at Barbadoes 1651, was referred by his Highness to the Admiralty Commissioners and Judges, who certify that they know nothing concerning her. She was sold for 200l., though of great value, to Simon de Carcerts, the Jew. She was bound to Caraccas, not Barbadoes, but as her name is changed and her bills of lading suppressed, Ferver is without defence. Referred to the Admiralty Judges, to report (a). [No. 483.]
Eliz. Percy, for payment out of the estate of Sir Paul Pindar of 200l. legacy left her by him, but Wm. Toomes, the executor, has made himself away. Referred to the Master of Requests, to certify (a). [No. 484.]
Rich. Franke, Lieut. in Col. Goffe's horse regiment, for license to transport 12 horses to Barbadoes, Granted (b). [No. 485.]
Major Wm. Gattyward. Was captain in Col. Russell's regiment under the Earl of Manchester, and lost his arm at the storming of Lincoln, his cure costing him 200l. Continued major till the reducement of the army. Begs satisfaction for his arm, an order to the Committee at Worcester House to state his great arrears without discounting of [free] quarter, and payment by the Army Committee or otherwise. With reference to the Worcester House Committee to state the arrears and certify (a). [No. 486.]
Spanish merchants, for suspension of the declaration concerning the price of wines, with reasons why it will be prejudicial. Noted, "specially referred" (b). [No. 488.]
Late King's domestic servants, for exemption from future taxes. Were rendered delinquents for attending their master, though bound by oath so to do, and were not in arms. Noted, "to be represented to Council and submitted" (a). [No. 534.]
Jan. 22. Council. Day's Proceedings.
1. Mulgrave, Lambert, the Lord-Deputy, and Jones to consider the cases of those in prison on the State's account and report, that they may be released or better secured.
3. Strickland added to the Committee on Thos. Violet's petition.
4. The letter from the Commissioners at Leith of Dec. 15 concerning Lady Lauderdale, and the list of debts and donatives charged on forfeited estates in Scotland, referred to Lambert and the rest of the Scotch Committee, to report.
5. Wolsley reports from the Irish Committee a paper of proposals, which was read, and also other proposals for a partial transplantation; the debate adjourned till to-morrow morning, when Council is to be summoned for that purpose.
6. Order on petition of Col. Edm. Harvey, that he have liberty to pursue his affairs, notwithstanding any restraint of his Highness and Council. Approved 22 Jan.
10. 56. The petition of Rich. Wollaston, referred by his Highness to Council, referred to the Admiralty Commissioners, to state his arrears and report.
11. The proclamation touching the price of wines to be stayed for 10 days.
12. Strickland reports his Highness's approval of the order about Col. Harvey.
13. Thos. Dunn, the Registrar for London, to have a house hired in Fleet Street at the State's charge, for his office. Approved 6 Feb.
14. 57. The Navy Commissioners to allow on Gen. Blake's account 1,435l. 15s. 10d., disbursed in his last year's expedition to the Straits, for redemption of 27 English, Scotch, and Irish captives at Algiers.
16. To advise a Commission to the Governor of Guernsey, Peter de Beauvoir, Peter and Dan. Carey, James Guile, jun., James and Eleazar le Marchant, Thos. Tremaylier, and Peter Panisell, to discover what estate in the isle belongs to Sir Henry de Vic, and to seize and sequester the same to his Highness's use, Vic having been and still being agent to the King of Scots in Brussels.
17. 58. The Admiralty Commissioners to appoint a frigate to convoy certain barques bound from Southampton to Guernsey, and to carry the bailiff thereof thither. [I. 76, pp. 486–8.]
Jan. 22.
Whitehall.
Pres. Lawrence to Lord Broghill, President, and the rest of the Council in Scotland. Your letter of 3 Jan. is received, returning an account of what matters are necessary to pass the Great Seal of Scotland, in answer to Council's letter desiring information, that they might better judge of the usefulness of that Seal. As you name that the Council in Scotland has put the Great Seal into the hands of one of their members, who now officiates in that trust, Council desire to know before resolving further how far the Council in Scotland have proceeded as to the disposing of the Seal, and on what grounds it is so disposed. [I. 76, p. 468.]
Jan. 22.
Whitehall.
Pres. Lawrence to Col. John Bingham, Governor of Guernsey. His Highness received some papers from Haviland and De La Marsh, as deputies from Guernsey, desiring that the campart and other State dues may be remitted; that Castle Cornet may be demolished; that the keeping of the isle may be confided to the inhabitants; that they may receive its public revenue, and dispose of it to some public ends; that licence to transport goods from England to the isle may be dispensed by the bailiffs and jurates; and that the appeals from Guernsey and Jersey, heretofore made to the Kings and Queens of England, may not come hither, but be determined by the bailiffs and jurates, each for the other reciprocally. He referred the case to Council, who on consideration are so far from countenancing the same, that they consider some of them dangerous to the isle and to this Government. You are to tell the well affected of the isle that, if they have anything to offer for its advantage and safety, we shall be ready to hear and consider it, when tendered in a due way. Also, that his Highness has appointed Peter de Beauvoir De Granges to be bailiff, on good information of his ability and integrity. You are also to enquire the grounds and rise of the above proposals. Written on an order of 18 Nov. last. [I. 76, p. 487.]
Jan. 22.
The Jersey, Spithead.
59. John Weald to Rev. Hugh Peters, Whitehall. Thanks for your manifold courtesies. There are here 12 ships, but the greatest want is men. We have 100, but should soon have our number if volunteers might have their desires. Capt. Symons, my commander, wants a minister, either Dan. Pell, his former one, or some able, honest man. I wish we had Mr. Vincent, but he will be fitter for one of the greatest ships; he is a godly man and an exemplary good liver, and would act as well with the sword in his hand as the Word in his mouth. His leaving the university, and refusing good places ashore for this expedition's sake will be a motive to you to consider him. You were once troubled with the remissness of university men, but his forwardness would encourage others.
Pray favour the bearer, Mr. Samson. I know many ministers, but few such. Try him in Whitehall. He was heard with great applause at James's. God direct you so that the Gospel may be proclaimed.
P.M.—I am willing to serve my country in her most desperate enterprizes, as landing, firing ships, &c. [1 page.]
Jan. 22. 60. Examination of Lewis Fossan, Clerk at the Powder Works belonging to John Jervase, Molyns, Richardson, and Co. Makes out the accounts. A ton of saltpetre had from the East India Company is wrought into 30 barrels of powder, and Molyns always had that quantity made from every ton. Jervase was security for Mr. Pepper, the workman, and would have left the work to him without any restriction as to 30 barrels. Pepper used to find fault with the English saltpetre from its being only singly refined, but the partners alleged it was according to their contract. Powder returned as not Tower proof was sold at 4l. a barrel, and amounted to 300 barrels. Powder sent in as overplus upon the English saltpetre was 10 tons, or 300 barrels, but doubts, until he examines his accounts, whether it was overplus, as they were behind in their contracts. Molyns sometimes delivered powder as so much wrought from the saltpetre received from the State, and had debentures for it. From 27 Aug. to 6 Dec. 1653, they received 7 or 8 tons of saltpetre, and delivered 360 barrels of powder in return, which was 12 hogsheads of saltpetre, or 30 barrels of powder per ton, in lieu of it. 17 and 22 Jan. [1½ pages.]
Jan. 23. 61. Petition of the Earl Marshal of Scotland to the Protector, for longer liberty beyond the 2 months expiring 1 Feb., as the doctors think the approaching spring and also the waters needful for his cure. [2/3 page.] Annexing,
61. i. Certificate of J. Wedderburn, M.D., that the Earl has been in great danger of his life, but has made some progress in recovery, which may be perfected in the spring. 20 Jan. 1655–6. [½ page.]
Jan. 23. Order thereon in Council for his liberty 2 months longer, on the former terms. Approved 6 Feb. [I. 76, p. 488.]
Jan. 23. 62. Petition of Margaret, wife of John St. Loe, of Little Fontnell, co. Dorset, gentleman, and their 5 children, to the Protector. By your warrant of 21 June 1655, you ordered stay of all prosecutions against my husband for treason, &c., yet he was indicted for treason last summer assizes at Sarum, but acquitted by proclamation, but on some information that he was concerned in the late insurrection, the County Commissioners have secured his person and sequestered his estate. I beg a warrant for his discharge, and removal of sequestration. [1 page.]
Jan. 23. Order thereon in Council for a letter to the Major-General and Commissioners to stay proceedings, except as to the 1/10 of his estate chargeable with the extraordinary tax. [I. 76, p. 489.]
[Jan. 23.] 63. Petition of Rachel Bisson to the Protector, renewed, that as the referees on her former petition bring in her losses at nearly 1,000l., the money may be paid her as suggested. With reference thereon to Council. 12 Jan. 1655–6. [1 page.] Annexing,
63. i., ii., iii. Petition of Rachel, widow of Benj. Bisson, jurate of Jersey, to the Protector. In 1642 my husband was made a Commissioner, to oppose Sir Phil. Carteret and other enemies to Parliament, and he hazarded his life and spent and borrowed money till the Parliament party left the island. He was then at the mercy of the adversary, who used him barbarously, kept him close prisoner 2 years, and threatened to hang him unless, for his ransom, he would sell part of his estate at undervalue. This he did, but soon died of diseases got by their cruelty, and left me and 5 small children to the tyranny of a cruel enemy, and merciless creditors. I beg examination and reparation. With reference thereon to Col. Gibbon, Governor, and 5 other officers of Jersey, to relieve the petitioner if they can, and if not, to certify how she may be relieved, 3 Aug. 1655; and their report of the losses of her husband in fines, expenses, and plundering, amounting to 916l. 13s. 8d., and that it should be paid from the compositions of delinquents in the island. Jersey, 29 Oct. 1655. [3 papers.]
63. iv. Certificate by Laurent Hampton, Sheriff of Jersey, to Bisson's payment of 8,000 livres fine to the King's Commissioners in the island. 22 June 1646. [½ page. Copy.]
63. v. Certificate by Col. Rob. Gibbon to the services and sufferings of Bisson in the cause of Parliament. Elizabeth Castle, Jersey, 19 June 1655. [¾ page.]
63. vi. Like certificate by M. Lemprière, Bailiff, and 23 others of Jersey. 25 June 1655. 24 signatures. [1 page.]
Jan. 23. Reference of the petition by Council to Wolsley, Strickland, and Rous, to report. [I. 76, p. 489.]
Jan. 23. 64. Petition of Capt. Henry Thornton, and Edward King, merchant of London, to the Protector. Thornton, by petition, 4 April 1655, discovered his Highness's interest in land called King's Sedgmoor, co. Somerset, to which Sir Cornelius Vermuyden pretends a title by patent of the late King, granted him for 12,000l. alleged to be paid into the Exchequer, although only 6,000l. was paid. The petitioner was referred to the Commissioners of the Treasury, and we attended them at great charge and loss of time, and can prove that the patent was obtained on a fraudulent contract with the late Lord Treasurer Weston, and managed to the late King's prejudice by Sir Rob. Heath, then Attorney-General, to whom Vermuyden agreed to pay ¼ value. The said Commissioners had no power to remand the evidences concerning the estate, and some being taken off the file in the Exchequer, and others embezzled out of the Tower, Sir Cornelius took advantage and preferred another petition, which is referred to Council, but we cannot obtain a copy. That you may not be deceived in confirming a grant of such value, and that we may be preserved from ruin, having spent 7,000l. therein since 1618, we beg that we may have a full hearing before Council; that Sir Cornelius may show on oath what he has really paid; that a commission may be issued for restoration of the writings, and that we may have a copy of Vermuyden's petitions and reference. We also beg a full fifth part ascertained to us for our pains and charges so many years. With order thereon, 3 Dec. 1655, that this petition be considered with that of Vermuyden, already referred to Council. [1 sheet; also I. 92, No. 525.]
Jan. 23. Reference thereon by Council to the Committee to whom Vermuyden's petition is referred, to consider and report. [I. 76, p. 489.]
Jan. 23. Council. Day's Proceedings.
3. Order on report from the Committee on the French Treaty, to advise his Highness to name as Commissioners to adjust the damages done by the French according to the Treaty, Dr. Turner and Edw. Ford, and Mr. Ashe, merchants.
6. 65, 66. The petition of James Garrett, Master of the Hopewell of London, referred to the Admiralty Commissioners, to see the petitioners paid if there be cause. [Two copies; also I. 76, p. 488–9.] Annexing,
66. i. Certificate of 13 soldiers of Col. Ingoldsby and 4 of Col. Goffe's regiment, that they were sent in 1654, with the fleet under Major Rob. Sedgwick to New England, and thence to St. John's Port in Acadia, where they were to stay a year under Wm. Hathorne, Governor, and have a free passage to England, which has been performed by order of Capt. John Leverett to Jas. Garrett, master of the Hopewell, in which ship they have had safe passage. [1 page.]
66. ii. Capt. John Leverett to Rich. Hutchinson, Navy Treasurer. I beg payment of 90l. for the passage, at 5l. a man, of 18 soldiers who were with Major Sedgwick when he took Fort St. John from the French last year. John's Fort, 2 Aug. 1655. [½ page.]
66. iii. Capt. John Leverett to Jas. Garrett. I beg you to give passage for England to 18 of my fellow soldiers, and send you a letter for payment of 90l. for them. They will assist you should you fall in with any enemy. John's Fort, 3 Aug. 1655. [½ page.]
Jan. 23./Feb. 2.
Paris.
67. T. Ross to Sec. Nicholas, Cologne. I am glad Pile has written to you. My agent cannot find Clifford, and Hungerford is in the country, being sent for by his father when he arrived at London. I hope that, notwithstanding the match, he is not to be corrupted; but if he should be, he can injure none but myself. My name is put for Tatton in your cypher, and Mrs. Hooker for Mason, a worthy person of whose safety I am glad to hear.
A ship from Jamaica reports that since Col. Humphreys arrived there with relief, the seamen are pretty healthful, but the landmen extremely sickly. Fortescue, the Commander-in-Chief, is dead, and almost all the officers extremely sick; yet, that the forces might not be idle, they landed some men on the continent, and fell on a small town of the Spaniards which they spoiled and burned. I hear from England that the war with Spain will be vigorously prosecuted, and the preparations are very strong.
I cannot tell why it should be 6 weeks ere Sir Fras. Vincent sends his express. I hope you will be coming nearer, as it would elevate the courage of our friends in England. I have lately met with a Norfolk gentleman who served the King through the whole war, and has still loyal principles to pursue his Majesty's commands. The general persecution has made him leave his country. He bids me tell you that in our last business in Norfolk, the principal persons were only instructed by public rumour, nor would they have trusted the person employed to them, had he moved them (though Sir Miles Hobart sent word by me that all was ready), but this person will serve the King if commanded in Norfolk and Suffolk. I am not allowed to name him till I hear whether the King will employ him. [2½ pages; see note p. 122; the italics are cyphers, undecyphered.]
Jan. 23. 68. Brome Whorwood, sen., to Jos. Williamson. I am glad to find by yours from Paris that you and those under your care are well. Let Brome have a watch; I promised it him and will be as good as my word to him. Remind him to be the same to me, by employing his time to the best advantage. [½ page.]
Jan. 24. 69. Petition of Rob. Mossom, late schoolmaster in Richmond, to the Protector. I was sequestered in 1650 for reading the Book of Common Prayer, but for no other delinquency or scandal, and applied to the teaching of scholars, which I performed diligently and peaceably; I never acted against Government; yet by your late declaration, I am prohibited teaching, and deprived of a livelihood for my wife and 6 small children. I beg a licence to teach. [1 page.] Annexing,
69. i. Order of the Committee for Plundered Ministers, sequestrating him from Teddington church, Middlesex, for officiating by the Book of Common Prayer, in contempt of the authority of Parliament. 25 July 1650. [1 page.]
69. ii. Certificate by Ri. Graves and Peter Sterry to his good conduct as a schoolmaster. [1 page.]
Jan. 24. Order thereon in Council that the Major-General and County Commissioners enquire into the case and report, and meantime that Mossom have leave to attend his school, the late orders notwithstanding. Approved 6 Feb. [I. 76, p. 492.]
Jan. 24. Notes of petitions all in I. 92, referred in 1654 to the Committee for Petitions, of their reports, and orders thereon in Council, all in I. 76; viz.:—
Dorothy Vander Maes, in the name of Alice Vander Maes, Hendrick Lenaerts, wife of Jacob Ghesel, and Aestrie Peters, widow, of the Hague, for liberty to import some goods, customs' free, they having furnished the Queen of Bohemia with goods, in hopes of satisfaction from the State, because of several orders of Parliament for her support; with report, 2 Jan. 1655–6, that the arrears due to the Queen for any pensions allowed her by Parliament are fit for parliamentary consideration; but advising that 120l. be given to the petitioners for their present relief, and that all persons concerned in like debts be left to a prosecution before Parliament. Order for payment to them of 100l. for their relief and for the charge of their journey home, though the State is not obliged to satisfy these or any debts to the said Queen. [I. 92, No. 418; I. 76, p. 492.]
Mary Le Tillier, for confirmation of a judgment in Guernsey, Isaac Gibault not prosecuting his appeal; with order that the Committee be appointed to consider this and other cases, and confer with the governor if in town. Order on report from the referees on all matters of appeal for Guernsey,—that Le Tellier sought relief on a bond of 27 March 1639 of 100 crowns, with 6 per cent. interest, to which Gibault is liable as heir to his brother John, and that on 26 April 1653, payment with interest was adjudged after full hearing, before the bailiff and jurates; that Gibault appealed, insisting that by the custom of the island, only the interest for a year before claim made was due; but it was argued that, on account of the wars, there should be no default for want of a claim;—that 40s. interest be abated, but that the order in all other points be effectual. Approved 13 Feb. [No. 148, p. 493.]
Elizabeth, widow of Wm. Willoughby, for her husband's arrears stated by the late Council of State at 1,622l. 15s. 4d. Dismissed. [No. 101, p. 494.]
Marmaduke Langdale, that Sancton and Moorcroft rectories, worth 100l. a year, the only remainder of his father's estate, may be conferred on him and the other children. Dismissed. [No. 134, p. 494.]
Nich. Bond, for payment of the remainder of his debt of 192l. out of the first moneys that come in of a greater sum assigned to him and others out of the revenue. Dismissed. [No. 136, p. 494.]
Hen. Aldrich, for the orphans of Col. Owen O'Conelly, for payment of ¾ year arrears of a pension of 200l. a year, settled on their father by Parliament for life for discovering the Irish rebellion, and due when he was slain in the service, Nov. 1649, and for payment for their education. The auditors of imprest to enquire into the state of the case, and report. [No. 143, p. 494.]
Jan. 24. Notes of like petitions, all in I. 92, on which no Council order was given. Those marked (a) are noted as referred, those marked (b) as not referred.
Lieut. Col. Rob. Phips of Coventry, for special and speedy respect for his singular case. Raised the best part of 2 regiments, one at the beginning of the war, the other before the business of Worcester, spending 1,000l.; his arrears, as certified from Worcester House, are 1,169l. Submitted (a). [No. 436.]
Thos. Bladen, for allowance of 50l. for his transportation to Ireland. Submitted (a). [No. 451.]
Capt. Mat. Philips, for satisfaction for 180 foot soldiers, raised by him in Yorkshire in 1650 at his own charge, for the expedition into Scotland, or for some considerable employment (a). [No. 453.]
Rich. Wild, merchant. Offers reasons why the composition money for Poleron belongs to his Highness. Submitted (b). [No. 457.]
Jan. 24. Council. Day's Proceedings.
1. Order—on report from the Committee on Lieut. Col. Styles's petition—that the Trustees for sale of fee farm rents execute the order of Nov. 14 of the Commissioners for removing Obstructions, in the case of Maj. Wm. Style, or shew cause to the contrary.
2. Order—on report from the Committee on Tim. Pye's proceedings about 12 Dutch ships seized by him, and on consideration of Council's order to release the ships, and of Pye's detaining the sails of one them notwithstanding—that Pye stand committed to the Serjeantat-arms till he yield obedience.
Jan. 24. 3. To resume the debate on the proposals for Ireland next Tuesday. The public business lying before the Committees of Council to be taken up tomorrow morning.
4. Order on petition of Col. Edm. Harvey, that he be allowed his liberty, on bond with sufficient sureties in 10,000l. to yield himself prisoner to the Tower when required. The Lieutenant on such security to give up the former security.
8. Order on certificate from Edm. Calamy and other ministers of London, concerning Geo. Freeborne, schoolmaster, that the MajorGeneral of London enquire concerning Freeborne's qualifications, and report, and that meantime he attend his school without interruption, the late orders of Council notwithstanding. Approved 6 Feb.
14. Order—on a report from the Trustees for sale of castles, parks, &c., excepted from the former Act for Sale of Crown Lands, on the petition of John Parker [see 30 Aug. 1655]—that the said report be referred to the Treasury Commissioners, to report. [I. 76, pp. 490–3.] Annexing,
70. Report alluded to, that Parker was to pay for Greenwich Park 5,778l. 0s. 1d. within 3 months after 22 Feb. 1652–3, that he only paid 1,700l., and that therefore on 6 Dec. 1653, they ordered his estate to be sequestrated for non-payment, and delivered the castle, lodges, wood, &c., to the charge of Uriah Babington, with orders to sell the wood to pay for repairs, keep of the deer, &c., but of the value, &c., they know no more than stated in his and Mr. Parker's accounts. 31 Oct. 1655. [3 pages.]
Jan. 24. Pres. Lawrence to the Justices of Peace in all the counties. His Highness and Council commiserating the sufferings of the poor Protestants in the valleys of Lucerne, Angrona, and Savoy, recommended them to the charity of the good people of this nation, by ordering a collection in their behalf. Yet notwithstanding several declarations, no collections have been made in some parishes, and in others the sums collected have not been returned, but remain in private hands. You are forthwith to see that these sums are paid in, and to order collections where they have not been made, that the work may be perfected, and an account given of the whole collection, and the disposition of the moneys. [I. 76, pp. 490–1.]
Jan. 24.
Convertine, Downs.
71. Thos. Wilkes to the Navy Commissioners. I am waiting with the Mathias and Bear for a wind. Rich. Peircey, commander of the James of Weymouth, arrived from Malaga with wine and fruit, bound for London, but she has been lost on the Goodwin Sands. He reported that the King of Spain is preparing 70 ships for the Barbadoes and Carribbee Islands, and they intend to put all to the sword, and carry all the West Indies before them; 20 of the 70 are ready and two fire ships. Two of his new ships, laden with arms and ammunition, and bound for Cadiz, were forced into Portugal by the weather, and there seized for the King's use. All the trade with the Spaniards goes under the notion of Hamburghers, Hollanders, and French. [2/3 page.]
Jan. 24. 72. Proposition by Thos. Fossan, that if a commission or grant is issued for digging and searching for saltpetre in the West Indies, for a lengthened period, with restriction to vacant places, and satisfaction to be made for damage, there shall be sent a refiner, workmen, coppers, pans, and other utensils, for making saltpetre there for export to London, to be sold at 3l. per cwt., doubly refined; it is expected that a considerable quantity will be made and brought over in a few months, which will tend to reduce its price, as also that of gunpowder, and the State will be much benefited thereby.
With notes that security must be given to proceed, and that all the petre must be sent to the Tower doubly refined, when 3l. a ton will be paid for it. [1 page.]
Jan. 24./Feb. 3.
Paris.
73. Certificate of the Lord Douglas, Lord Grey and other lords and gentlemen of Scotland concerning Thos. Kirkpatrick's being nobly descended, giving his genealogy thus :—
Roger Kirkpatrick, brother of the famous family of Kirkpatricks of Clesburne, barons in Nithsdaleshire, had a grandchild William, who married Janet, daughter of John Grewson of the family of Grewsons of Lag, knights baronets in Nithsdale. Their son Thomas married Jean Horner, daughter of Hen. Horner of Campell, a man of good degree, and Thos. Kirkpatrick, citizen in Paris, is their son. 19 signatures. [1 page. Endorsed by Nicholas.]
Jan. 25. Council. Day's Proceedings.
2. The 300l. ordered to Thos. Simons, 18 Jan., to be paid from the first moneys that come in.
3. The key of the room next the Council Chamber to be delivered to the Clerks of Council by Mr. Scutt during Council's sitting.
4. The Treasury Commissioners to advise with counsel concerning Col. Harvey's business, and to take order that such process be issued against his person, lands, and goods, as is agreeable to law.
5. The Lord Deputy, Jones, Mulgrave, Strickland, and Rous to consider the business of money for answering the present public occasions; how money may best be advanced; whether that at Worcester House may be used, and whether it be not fit to stop other payments; to meet this afternon and report speedily; Strickland to have care thereof.
6. 74. Order—on report from the Admiralty Commissioners that they have received advertisement from Capt. Plumleigh in the Downs, that the Dartmouth frigate has brought in a Flemish ship that lately came from Nantes, laden with French wine, whose master and company confessed they were to unload at Ostend or Dunkirk—that the charge of the ship and her lading be given to the Prize Goods' Commissioners, to keep a distinct account thereof, and report it to the Customs' Commissioners, who are to have an inspection into that business.
7. Order—on report from the Admiralty Commissioners that they have an account from Capt. Smith of the Pearl, which lately came from Bourdeaux, that the English trading thither are denied to carry their guns up to the city, but forced to land them at Blaye, which is contrary to the late Articles of Peace agreed on,— that Thurloe take care of the business, and move his Highness to give such order as he thinks fit. Annexing,
75. Report on which the 2 preceding orders are founded. [2/3 page.]
8. Order—on report of Jan. 24, from the Admiralty Commissioners, that they had appointed Vice-Admiral Lawson to the command of the Resolution in this present expedition, also Captain John Bourne to the Swiftsure, as Rear-Admiral, and desire his Highness and Council's pleasure herein; also that they think there should be a Master to attend the fleet and execute the place of purser-general, for which office they recommend Mr Hempson, with a salary of 200l. per annum for himself and clerks,—that his Highness be consulted therein.
9. The petition of the Earl of Bridgewater referred to MajorGen. Worsley, to enquire and report. [I. 76, pp. 495–6.]
Jan. 25.
Whitehall.
Lord Lambert and General Rob. Blake, Lords Warden of the Cinque Ports, to the mayor, jurates, and common council of Sandwich. It has been represented to Council that the multitude of freemen of the vulgar sort in your town are so increased that, in election of public officers, they, without due regard to the business, sway all matters wherein they concern themselves, and by their wilful carriage, hinder the good government of the town, and create riots at election time. To prevent this, in a place of so much concern, Council has referred the settlement of the town to us. We decree therefore that the number of the common council, now exceeding 24, be allowed to return to 24, by electing no new members, and when it falls short of that number, that you elect from the discreetest free Commons as hitherto; and that the mayor, and jurates, and common councillors repair to the common assembly, as well in Clement's Church as in your Common Hall, where all elections, decrees, orders, and business shall be done by most voices only of you so assembled, wherein no common freeman shall have power to intermeddle, save only to hear and see, and in convenient time to make private motions of complaints of what concerns them in particular. You are to make known this letter at your next public meeting, and to require in our name that it be obeyed, at the peril of those who refuse. [I. 76, pp. 496, 497.]
Jan. 25.
Whitehall.
Pres. Lawrence to the mayor, jurates, &c., of Sandwich. Council hearing of the disturbances aforesaid, has recommended the Lords Warden to take some effectual course to prevent those evils. They have therefore set down rules for the direction of the town, which Council has approved, and requires you to use all diligence for their full execution. These letters are to be read at your next public assembly, and all are to observe them, as they tender the peace of the town, and will answer the contrary at their peril. [I. 76, p. 497.]
Jan 26.
Whitehall.
76. Petition of Chris. Boone, merchant of London, to the Protector. Having lately resided and traded in Spain, since my return, I delivered to Adrian Goldsmith of Antwerp goods value 200,000 ryals, and for payment, on 6 Nov. 1654, he assigned to me some silver and cochineal on board the Samson, Salvador, &c., which were seized and brought in, and his claim thereto proved.
As such transfers are always held good among merchants, and cannot well be denied for the upholding of trade, and as the assignment was made 14 Feb. 1654–5, long before the differences with Spain, I beg the benefit of the assignment, and of Goldsmith's right to the goods. With reference thereon to Council. [1 page.]
Jan. 28. 77. Order in the Admiralty Commissioners,—on receipt of a letter from Capt. Rob. Vesey, of the Nightingale, that on 9 Jan., being on the coast of France looking after some Ostenders whom he heard were near Bourdeaux, he chased and took a Biscaneer from St. Sebastian, whom he brought into Plymouth and delivered to the Commissioners for Prize Goods—sending an extract of the letter to his Highness and Council, and requesting orders for disposing of the prize into trusty hands. [½ page.] Annexing,
77. i. Extract of the letter alluded to. 22 Jan. 1655–6. [½ page.]
[Jan. 28.]
London.
78. "Animadversions upon a letter and paper, first sent to his Highness by certain gentlemen and others in Wales, and since printed and published to the world by some of the subscribers.
By one whose desire and endeavour is to preserve peace and safety by removing offence and enmity." [Quarto pamphlet, 104 pp. printed. (fn. 2) ]
Jan. 29. 79. Petition of Dorothy Speckart, widow, to the Protector. King James sold me an annuity of 200 marks for life on the customs of beer exported, which was paid till 1641. In Nov. 1647, Parliament on my petition ordered me 100l. till they could consider my business. The Committee on Petitions of the Long Parliament said my petition ought to be among the first reported, but it was not reported, and the arrears are now 1,633l. 6s. 0d. I am 90 years old, and used to live in good fashion, but have had to engage all my moveables, and the lease of my house, and to run into debt. I beg relief, as the said customs are reserved to the use of the State. [1 page.]
Jan. 29. Order thereon in Council to advise that she have a weekly pension of 20s. [I. 76, p. 501.]
Jan. 29. Council. Day's Proceedings.
4. 80. The petition of Hen. Starr and Hen. Watkinson, for themselves and 43 others, referred to the Admiralty Commissioners, to give order.
6. Instead of the Council's order of Jan. 22 concerning a commission for discovering the estate of Sir Hen. de Vic, order that the Governor of Guernsey, with Pet. de Beauvoir and 6 others named, be empowered to use all means to ascertain the truth therein, as to what estate there belongs to Vic, if he holds it in his own name, or if another holds it in trust for him, and to seize and sequester the same. Approved 6 Feb.
8, 12. To advise warrants to the Treasury Commissioners to pay Capt. John Needham 50l. for several sums due to him from the State. Also to pay to John Biddle, prisoner at Scilly, 10s. a week from Jan. 1st instant.
9. Mr. Jessop to ask Thos. Fell why Council receives from him no answer to their order of 12 Dec. last [see p. 53, supra], as divers complaints are made of prejudice to persons having cases in the Duchy Chamber Court, Westminster, owing to the non-sitting of the Court.
10. The petition of the executors of Rich. Miller and Rice Williams for a competent proportion of the 9,757l. payable to the late King's creditors out of Scotch fines, towards satisfaction of 8757l. owing to the petitioners for wares delivered to the late King, referred to the Trustees for sale of the late King's goods.
11. Approval of augmentations by the Trustees for Ministers, viz.:—
£ s. d.
Step. Hughs, Mydrim, Carmarthen, from Mydrim tithes 52 10 0
Benj. Flower, Cardiff, Glamorgan, fromEglelois Ilan rents 60 0 0
Also from Llandaff and Canton tithes 20 0 0
Approved 6 Feb.
13. Frost to pay out of the first money coming in what is due to Isaac Dorislaus for a year's salary.
17. The Committee on the petition of the mayor, aldermen, and inhabitants of Durham, viz., Rous, Lambert, and Montague, to consider the propositions of the petitioners for a college at Durham, and for the maintenance thereof, and to report. [I. 76, pp. 498–501.]
Jan. 29.
Whitehall.
The Protector to the several Majors-General. Several months having passed since raising the militia troops, and hearing that several sums designed for their satisfaction are reserved, we by advice of our Council hereby authorise you, out of the money levied by our orders for securing the peace, to give the officers and soldiers within your association 6 months' pay, or as much of it as the money received within their limits, above the necessary charge incident to that service, shall amount to; the whole sum so received being applied in equal proportion to the whole militia forces, and so to be paid as that it may be clearly brought to account, when the future payment of the said troops shall have been settled. Send in speedily an account of the money raised, and the troops employed in your association. [I. 76, p. 500.]
Jan. 30. 81. Petition of Elizabeth, Countess of Dirleton, to Council. Cannot attend them as ordered, to show cause why she obeyed not their former order in a cause between her and the Marquis of Argyle, being ill at her house at Guildford, and unable to go out without danger of her life. Begs a week longer, and then hopes to wait upon them. [¾ page.]
Jan. 30. Order thereon that she release the Marquis before Wednesday next, or she will be taken into custody by the Serjeant-at-arms. [I. 76, p. 501.]
Jan. 30. Order by the Protector and Council touching the issuing of the present 6 months' assessment, to be paid where needful in the respective counties, to the forces there. To the same effect as that of 27 March 1655. Approved by the Protector 6 Feb. [I. 76 A, pp. 189, 190; I. 76, p. 501.]
Jan. 30. Council. Day's Proceedings.
3. To advise warrants to the Treasury Commissioners, out of the next 6 months' assessment, to pay John Blackwell, the younger, and Rich. Deane, War Treasurers, 360,000l.
4. Lambert, Lord-Deputy, Lisle, Strickland, Jones, Sydenham, and Mulgrave, to consider how the pay of the militia in the several counties may best be managed.
5. Strickland, Jones, Lambert, Lord-Deputy, Mulgrave, and Lisle, to meet this afternoon, and consider a report of the late disturbance about impressing some seamen in London, and the proceedings against Lieut. Rydyard and 2 seamen by Ald. Andrews, and to report to-morrow.
6. Sir John Reignolds, Col. Arthur Hill, Geo. Berkeley, and Thos. Whitegreane added to the Trade Committee.
7. Council proceeded in debating the proposals reported by the Irish Committee, and went through them, omitting some, suspending others, and denying others.
8. The commission for letting leases in Ireland referred to the Irish Committee.
9. The petition of Geo. Faunt, of Foston co. Leicester, referred to Lambert, Wolsley, Lord-Deputy, and Mulgrave, to report.
10. The report of Jan. 24 from the Admiralty Commissioners concerning some officers of the fleet, being approved by his Highness, agreed to, viz., that Vice-Admiral Lawson command the Resolution, Capt. John Bourne be Rear-Admiral of the Swiftsure, and that Mr. Hempson be muster master to the fleet and purser-general, with a salary of 200l. for himself and clerks.
13. The Trade Committee to consider the proposal made to Council to give licence to the people of England, Wales, Scotland, and Ireland to transport into England and Scotland for Ireland, butter, cheese, all sorts of cattle, grain, and linen cloth, custom free, paying no other charge than that made from port to port in England, on security that they will land them at a port in England or Scotland, and return a certificate within the time limited by the security to the Custom House officers at the port from whence the goods were exported, and to report.
14. The 25th proposal in the report from the Committee for Ireland, read to-day, recommitted to the same Committee. [I. 76, p. 451–2.]
Jan. 30./Feb. 9.
Paris.
82. C. George to Williamson. I have forwarded your letter to London, and I send you a bill of exchange. [½ page, French.]
Jan. 31. 83. Petition of the well-affected inhabitants of Wolverhampton, co. Stafford, to the Protector. Theirs is a market town, and the largest in the county, and was heretofore collegiate, and had a dean and 7 prebends; the parish has 4,000 communicants and 3 chapels, one 5 miles from the town. On the dissolution of the Dean and Chapter, the Committee for Plundered Ministers granted 100l. a year to the minister from Col. Levison's sequestration, and 50l. to the assistant, who also had 26l. formerly belonging to the sexton; Levison being dead, the sequestration is taken off, the estate coming to his heir and widow, and there is no maintenance for the ministers. The town swarms with Papists; 20 gentry families being recusants draw many to Popery, and last summer they made such high riots that a whole troop of horse was required to settle them. The only church property left in the county is tithes, fee farm rents, and some cottages, &c., total value 144l. 2s. 6d., less by 31l. 17s. 6d. than formerly allowed. Beg a grant thereof to their minister, Ambrose Sparry, and his assistant, Rich. Cleyton, who have been very useful to them. Signed by John Granger and Thos. Gibbons, churchwardens, and 11 others. With reference thereon to Council, 10 May 1654. [1 page; also I. 92, No. 157.] Annexing,
83. i., ii. Particulars of the tithes, &c., by Za. Trescott. [2 papers.]
Jan. 31. Reference thereon in Council to the Committee for Maintenance of Ministers, to examine and certify. [I. 76, p. 505.]
Jan. 31. Notes of petitions, all in I. 92, referred in 1654 to the Committee for Petitions, and of orders of Council thereon, all in I. 76, in the following cases:—
Lieut.-Col. John Cobett and Edw. Carter, Gentleman, for possession of lands, secured by a recognizance in Chancery to the use of children, for payment of a debt borrowed by Gerard Croker of Rich. Barrow, both dead. "Fit for law, not for the Council." Dismissed. [I. 76, p. 505; I. 92, No. 162.]
Col. Wm. Bossevile, and Capt. Nich. Sanderson, for satisfaction out of discoveries, ½ of which is granted them by Parliament towards their arrears. Report drawn, to be considered on Thursday. [No. 170, p. 505.]
Sam. Ferrers of Stratford, for 200l. or 300l. in hand, and reimbursement out of his discoveries for his lendings to Parliament, having undergone losses of 5,000l. Dismissed. [No. 183, p. 505.]
Jan. 31. Wm. Giffin, for his arrears, having served in his Highness's troop and other ways, and having 5 small children of his father's cast upon by his death. Dismissed. [No. 184, p. 505.]
Capt. Lewis Prothergh, for stay of proceedings against him for 50l. arrears due for a sequestered house of Lord Craven, and for its deduction from 800l. arrears due to him. Dismissed. [No. 191, p. 505.]
Rich. Lidsey, Eliz. Langhorne, and 4 others, for payment of their arrears out of 2008l. 11s. 6d. said to be concealed by Marmaduke Darell, heir of Sir Sampson Darell, navy victualler. Referred to the Committee on Discoveries; also to the Treasury Commissioners, to report. [No. 197, p. 505.]
Gentlemen porters and warders of the Tower, for payment of their arrears of 1,598l. 4s. 9½d. fees, expenses, and services for 1¼ years ending 24 June 1652, for which warrants were issued by the late Revenue Committee to Mr. Fauconberg, and a reference then made by Council to the Treasury Commissioners. Referred again to the said Commissioners, to report out of what money the sum may best be paid. [No. 205, p. 505.]
Wm. Hull and Wm. Leawood for payment of 10l. and 5l. given them for attendance in the Committee of Parliament for regulating the law in 1653. Order that 6l. 13s, 4d. and 3l. 6s. 8d. be paid them by Mr. Frost. [No. 211, p. 506.]
Thos. Cawood, for allowance for his attending the Committee of Parliament for Petitions as clerk assistant to Mr. Hatter, from July to Dec. 1653. Ordered 5l. to be paid by Mr. Frost, being ⅓ of what is due. [No. 213, p. 506.]
Charles, Lord Aubigny, and other trustees who have a right in law to the subsidy and alnage of draperies, the rent of which is 2 or 3 years in arrears, for instalment of the arrears, and letters of assistance. Referred to the Treasury Commissioners, to hasten their report on the subsidy and alnage of woollen cloth and draperies. [No. 223, p. 506.]
Major Thos. Roe, for payment out of prize ships of 1,253l. owing him by the State. Dismissed. [No. 225, p. 506.]
Bridget, widow of Thos. Hector, yeoman of the robes to the late King, for relief, 700l. being due to her husband for arrears. Dismissed. [No. 229, p. 506.]
Nath. Parker, Esq., of Gray's Inn. Sir Thos. Soame, executor to petitioner's father, lent on the Ordinance of Parliament for 40,000l., 2,000l. in May 1643; 1,000l. thereof was allowed for so much owing by Soame to Gibson and Hall, delinquents, the other 1,000l., with 440l. interest, was to be paid him out of the Grand Excise; petitioner's father accepts this 1,440l. in part of 1,940l. owing him; but Parliament removed it from the Excise without fixing it elsewhere. Prays payment from the Excise. Dismissed. [No. 232, p. 506.]
Mary, widow of Edw. Warder, for continuance of 100l. a year granted her by the late King with arrears. Dismissed. [Nos. 158, 239, p. 507.]
John Cook of London, gentleman, for encouragement of his manufacture of sword and rapier blades at Hounslow, and consideration of proposals annexed. Referred to the Committee for Trade. [No. 245, p. 507.]
Step. Seares, several years porter at Whitehall and Somerset House, for payment of 120l. certified by the Commissioners for Inspections to be due to him for salary. Dismissed. [No. 246, p. 507.]
John White, clerk, Pimperne, co. Dorset, and Josiah White, clothier, of Dorchester, his brother, on behalf of their brother, Nath. White, executor to their father, for payment from the Excise of 356l. 16s. 2d. ordered by Parliament, 21 Sept. 1648, to their late father, John White, minister at Dorchester, with interest at 8 per cent., for attendance as member at the Assembly of Divines, and for other contributions and disbursements for Parliament; it was all that was left their father from the enemy, and on the credit of the order, they became bound for the sum to their brother. Order for its payment out of discoveries to be made by Nath. White. [No. 250, p. 507.] Approved 6 Feb.
Thos. Smith, prisoner in the Tower, for liberty. The Committee for Prisoners to have a view of prisoners, and consider who shall continue and who be bailed or released; Lisle and Wolsley added to the committee. [No. 251, p. 507.]
Anne, widow of Geo. Smith, of Quinborough, co. Leicester. Her husband being in the 2nd Act for Sale, 600l. of her jointure was employed to repurchase his estate, and ½ paid in, but he died before payment of the other ½, and the remainder of his estate goes to his brother; begs return of the bills applied to the purchase, except 100l. received out of the profits, as she is left without jointure or means. "Not proper for Council." Dismissed. [No. 252, p. 508.]
Major Alex. Urry, for payment of the second ½ of 130l., part of 1,500l. ordered by Parliament, 21 July 1648, to William and the other children of Hen. Stuard, with 400l. to Jas. Gray from Sir G. Ratcliffe's estate; William assigned 130l. to petitioner, of which ½ is received. Noted that the Committee for Obstructions has power to relieve. Dismissed. [No. 253, p. 508.]
Urian Colvin and other owners of the Lingworm of Stansberg, Norway, for restoration by Solomon Smith, Marshal of the Admiralty, of the ship, stayed Oct. 1652 by the Council of State among other ships which are restored. Referred to the Admiralty Commissioners. No. 258, p. 508.]
Theop. Greene, one of his Highness's watermen, for payment to the widow of John Predraw for her husband's crest delivered by her to petitioner; with report that a new one should be made or she paid. Order to Frost to pay her. [No. 261, p. 508.]
Hen. Dewell, surveyor of the highways to the late King, for that office, or to be one of the Commissioners for Surveying Forest Lands. Recommended for employment to the said Commissioners, being reported honest and experienced. [No. 262, p. 508.]
John Patron, for himself and his brother Joshua, for a hearing of a report annexed, on a reference of the Council of State, about a judgment in Jersey or Guernsey; also Nich. Anley and Margaret his wife, that a difference between them and Patron may not be concluded by a report of Col. Bingham but referred to some judges. Recommitted, with the report of Bingham and Peter de Beauvoir on Patron's case, to the Committee for Petitions, to report. [Nos. 263, 267, p. 508.]
Abr. Barington, for the lawful proportion of his discovery of imposts on coals received by Sir Marm. Darell, and others, above what was granted in their lease from the late King. Referred to the Treasury Commissioners. [No. 264, p. 508.]
Jois Arnolt of Dunkirk, for an order to the Admiralty for restitution of his goods, being hides and tobacco on board the Samson, taken by the Diamond; is a subject of the King of Spain, and was only a passenger, but acted as purser that he might have his goods freight-free, and all the other passengers' goods have been restored. Dismissed. [No. 271, p. 508.]
Peter Jansen Callis of Holstein. His ship, the 4 Brothers, laden with ship timber, was ordered to be restored by an Admiralty sentence, and the timber, which cost 104l. 10s. and 50l. freight, was appraised at 69l. 10s. and taken into the State's stores; begs what it cost and the freight. Referred to the Admiralty Commissioners. [No. 272, p. 508.]
Elizabeth, widow of Alex. Robinson, under-help to Mr. Scutt, usher of the Council Chamber, for relief, being very poor and with children. Mr. Frost to pay her 6l. 13s. 4d. [No. 274, p. 508.]
Elizabeth, widow of Thos. Salkins, who served in several capacities, and had 200l. arrears due, but not stated, for relief. Dismissed. [No. 288, p. 509.]
Wm. Wall. In June 1642, imported 42 tuns of wine, and paid duties, and in July 1642, an Ordinance passed that all allowances should be repaid except 20s. a tun on such wines when exported, upon which he exported 34 tuns; begs the benefit of that Ordinance, return of the duty paid, and remittance of the 20s. a tun. Order that he have the benefit of the Ordinance, and the Commissioners of Customs examine the case, and give order accordingly. [No. 289, p. 509.]
Thos. Blinkensop, merchant of London, for leave to bring from Holland in a Dutch bottom some goods brought there from India. Dismissed, as against the Act of Trade. [No. 291, p. 509.]
Kath. Pettus, widow, for a supply of the power formerly committed to the Commissioners for Creditors and Prisoners, for her relief against Marg. Bancroft, in a matter concerning an orphan's portion. Not fit to be done. Dismissed. [No. 303, p. 510.]
Mich. Kemp, Andrews de Vitt, and Mich. Golder, Dutch mariners, 5 years prisoners in York Castle, being taken at sea by Capt. Lawson, for liberty, an order by Gen. Deane for their discharge not being executed because not directed to the sheriff. Order for their discharge. [No. 304, p. 510.]
Jeffry Burwell, Clerk of the Warrants and Estreats in the Court of Common Bench, for payment of his salary of 20l. with 50l. arrears, and consideration of 80l. due to him in the late King's time; estreats all fines from that Court into the Exchequer, whereby 5,000l. a year comes to the revenue. Referred to the Treasury Commissioners, to report. [No. 309, p. 510.]
Inhabitants of Crandley Parish, Surrey, for a fair two days in a year, the place being far from market towns and convenient for drovers. Referred to counsel at law. Noted, Let it alone. Dismissed. [No. 317, p. 510.]
Jan. 31. 84. Petition of the Turkey merchants and owners, losers by the late fire in the frigate Stamboleene, to the Protector. The impost on the goods saved from the fire is 391l. 4s. 8d., the loss on the goods, 9,552l., and on the ship, 2,000l., so that they have all lost above ½ their adventures. They beg to be freed from paying duties on the perished goods, and to have their bonds given up, on certificate that they have paid reasonable salvage. 14 signatures. [1 page.]
Jan. 31. 85. Copy of the above. [1 page; noted also in I. 92, No. 290.]
Jan. 31. Order thereon in Council that the Customs' Commissioners examine and certify, suspending payment of duties till further order. [I, 76, p. 509].
Jan. 31. 86. Petition of Dr. John Pordage to the Protector, for an express order for payment of the 100l. a year granted him from Bradfield rectory [see 27 July 1655] or for its settlement elsewhere, and for a rehearing of his cause. The receivers of the tithes, &c., pay them in to the Commissioners for Approbation of Ministers, and they to the officiating minister and other officers, so that he has no benefit of his orders. [1 page, copy.] Annexing,
86. i. Report on the case, detailing the provisos in the Act for Ejection bearing on the case, and the previous proceedings, adding that when the order of 27 July 1655 was given, Council did not know that the power of the former sequestrators was expired, and that they could not pay Pordage the money, not having received it. The Committee for Approbation of Ministers have now ordered his payment with charges, but the sequestrators have only in hand 17l. 9s. 2d. balance, and 74l. 5s. detained because of the contest about title. As Dr. Pordage has the house and glebe, the sequestrators paying all taxes, and as care is taken of him for the future, the tithes should be paid to the sequestrators, and they should pay Pordage 20l. a year and the rest to Mr. Palmer, appointed to preach during the vacancy, as ordered by the Committee for Approbation. Signed by Fleetwood, Wolsley, and Lambert. [4 pages.]
86. ii. Account of the sequestrators of Bradfield, their receipts, and disbursements. [1 sheet.]
Jan. 31. Order thereon in Council according to the report. [I. 76, p. 511.]
Jan. 31. Council. Day's Proceedings.
1. The petition of Rob. Can, and company of merchants of Bristol, referred to Wolsley, Strickland, Mulgrave, and Rous, to report.
4. That of John Greensmith referred to the Committee for Petitions, to report.
5. Order—on report from the Committee on Spanish Wines—that in the Proclamation to be issued, the time at which the prices on Spanish wines shall take effect be Dec. 1 next.
8. Order on the petition of Rich. Booth, sheriff for the city of York, and on a certificate of Wm. Taylor, Joshua Slinger, and Chris. Topham, aldermen there, of his affection in serving as volunteer at the rendition of the city and in Hamilton's invasion; that he be discharged from all proceedings by the Majors-General or Commissioners for securing the peace. With letter to the Maj.-General, &c., of co. York of 8 Feb. to that effect. Approved 6 Feb.
11. The report concerning Capt. Blackwell to be considered first to-morrow.
58. Order—on report from the Admiralty Judges, praying a declaration what kind of security, on issuing letters of reprisal, shall be construed as sufficient to indemnify them against any dubious interpretation of the 14th Article of the late peace between England and France—that the security shall be sufficient when the persons bound can answer the sums for which the securities are bound. Annexing,
87. Report alluded to. The article of the Treaty says that if the Admiralty Judges receive insufficient security of the commanders of ships, they are personally to answer for wrongs done.
In the warrants for issuing letters of reprisal to the sons and executors of Sir Peter Richaut, and to Nath. Hawes and others against the Spaniard, it is provided that those who sue for them shall name sureties, to be allowed by the Admiralty Commissioners. On 8 Jan. 1665–6 the order of his Highness and Council is, that the Admiralty Judges issue letters of reprisal against Spain on such security as they find sufficient.
Now as it is very difficult to know the sufficiency of any security, on account of concealed debts, frauds, sudden losses, &c., and as in case of insufficient security the Admiralty Judges are so dangerously liable to the damages, they beg to know what is to be considered sufficient or insufficient security. Doctors' Commons, 18 Jan. 1655–6. [1 page.]
59. The Committee for Petitions to consider into what way to put petitions for the future, to prevent needless trouble to Council, and to report. [I. 76, pp. 503–510.]
Jan. 31./Feb. 9. 88. T. Ross to [Sec. Nicholas]. If our letters from England came time enough on Fridays I would send their import by the same post. This from Mr. Pile came last post. In such cases I send you the originals for your better judgment. By them you may guess the impatience of our friends till they see you, or know when you can begin your journey. The gentleman I named to you is impatient for his congé. As posts often miscarry, please to send me duplicates by the next post. I send you the private articles [of the treaty with France] though you may have them from better hands. I hope this post to hear from Sir F. Vincent, for I hear he is come to London. [1 page; the italics are cypher, undecyphered.]
Jan. ? Notes of petitions, all in I. 92, referred to the Committee for Petitions, with references and orders when given. Those marked (a) are noted as referred, (b) as not referred:—
Wife of Hen. Langham, for liberty to be with her husband (b). [No. 491.]
Rich. Morrell, late postmaster for Stone, co. Stafford, for restoration, having been left out on the alteration of the posts. Noted as not proper for Council (b). [No. 494.]
Geo. Smith, for restoration to his place as lieutenant of Major Wade's company, not being turned out on account of any reducement or new establishment. With like note (b). [No. 495.]
Newark Beckwith, for the place of quartermaster in Col. Lilburne's regiment, void by decease of—Waringham, in recompence of money due for his services in attending the Committee for Examinations and for Revenue, and the late Militia Commissioners (b). [No. 497.]
Mariners and merchants of Barnstaple, for recompence for their losses by seizure and imprisonment at Lisbon, and that all concerned may bring in their papers and accounts, that the business may be perfected (b). [No. 498.]
Jas. Williamson, for 267l. 17s. 4d. for hire of his ship, impressed by Sir Chas. Coote, and recompence for his service in reducing the Tory Islands and taking prizes. Noted as delivered to Mr. Ewres, 20 March 1657 (b). [No. 499.]
Owners of the Levant Merchant, for satisfaction for the ship and her provisions, lost in the service in a fight with the Dutch (b). [No. 500.]
Edw. Law, soldier in the Lord-Deputy's regiment, for his arrears of 17l. 15s. 6d., certified as due by Com.-Gen. Whalley, and Cols. Goffe and Worsley, the reference to another petition not appearing (b). [No. 501.]
Peter Bar, merchant. In Dec. 1653, he transported 10 tons of logwood for Rouen, and had the benefit of the ½ impost as it had been imported within the year, but not finding a market there, begs to import it again custom free, or with some mitigation (b). [No. 502.]
Capt. Goddard Leigh, that the lands of his brother, charged with a life annuity of 50l. to him, may be sold, [Hen.] Pigot having got a decree for them in Chancery, or that Pigot may pay him the annuity with arrears, the estate being able to answer all (a). [No. 503.]
Hen. Pigot, for liberty to proceed against [Capt. God.] Leigh, who was heard before the Master of the Rolls, and executed a bill which was dismissed, and he in contempt (sic) (b). [No. 503a.]
Rich. Lee, master of Wigston's Hospital, Leicester, for the benefit of the late Proclamation against Mr. Grey, who was displaced as master for not taking the engagement (b). [No. 505.]
Jan. ? Major Geo. Wither, that the executors of Sir Thos. Hampson may deliver up the seals, rolls, books, and writings belonging to the clerkship of recognizances, of which he is patentee (b). [No. 506.]
Laurence Maidwell, Mat. Pindar, and Rob. Hales, chief clerks of the Chancery Court, for consideration of a paper annexed. By the Ordinance for regulation of Chancery, the 6 clerks' fees are so lessened that the profits will not countervail their losses, care, pains, and attendance, the fees appointed them being intermixed (a). [No. 507a.]
Mayor and commonalty of York, that Geo. Peacock, who has been chosen alderman after the manner of election of officers there, confirmed by decree in Chancery, 9 Hen. VIII., but refuses to accept the place, may stand a fine (a). [No. 508.]
Town of Scarborough, for payment of 7l. 1s. 0d. for the diet of John de Great, secured on Council's order for staying passengers from beyond sea, from 26 March to 10 July 1655, and released by Col. Lilburne on Council's order (b). [No. 509.]
Peter Cole, printer. Has many sermons of Mr. Burroughs, Mr. Hooker, and others, to print, but the writing is too bad to be read by a licenser, yet no book can be printed without license. Begs to be licenser of his own copies, on security not to pass anything that is seditious (b). [No. 510.]
Mint workmen, for confirmation of their privileges, being exempted by charter from taxes and other duties, and yet taxed as other men, and constrained to bear offices (a). [No. 511.]
Capt. Yardley, for an order for supply of the wants of his magazine, and materials for the great guns at Jersey, certified in a list by Major Harding and Mr. Lemprière, Commissioners for Jersey (a). [No. 512.]
Joshua Carteret, for reference of his appeal against a judgment in Jersey, obtained by John Dumaresq and others (b). [No. 513.]
Sir Chas. Lee, for the benefit of the clause in his Highness's declaration [freeing him from the decimation tax]. Was an officer in the King's army when under age, and carried into the enemy's quarters by his elder brother. [No. 514.]
Mr. Taate, preacher at Peter's, Sudbury, for payment of 54l. a year allowed from Acton Rectory, Suffolk, sequestered from Mr. Daniel, 2/3 of which has been paid, and the other ⅓ stopped in the Exchequer (b). [No. 516.]
Inhabitants of Wokingham, Hurst, Arberfield, Barkham, &c., near Windsor Forest. Brerewood, accounted part of the forest is chase, not forest, and belonged to the Bishops of Sarum, under whom they enjoyed herbage, &c., as proved by records. An exchange being made, King James allowed—Arrowsmith to erect a lodge and keep deer. Beg its demolition, and annex proposals for improving the forest (a). [No. 518.]
Col. Jas. Proger, for release on bail. Has been 6 months prisoner at St. James', and thus advantage given to others to refuse his just debts and to commence suits against him (b). [No. 521.]
Major Hawes and Col. Payne. Have letters of reprisal granted, and their ships are ready, but their security not yet transmitted to the [Adm.] Judges. Beg its transmission, and that their men may not be impressed (b). [No. 522.]
Lord Spynie, for discharge of his estate in Scotland, that he may pay his creditors, it being in the Act for Forfeiture, and he long imprisoned (b). [No. 523.]
Edward Viscount Loftus of Ely, for repayment with interest of 3,761l. disbursed for the State, his accounts having been referred to a Committee and approved, and his services particularly mentioned; also for 5l. weekly meantime, for maintenance (a). [No. 528.]
Thomasine Bennett, widow, for payment out of the Exchequer with arrears of a pension of 22s. a week allowed her by Parliament, confirmed by his Highness and Council, but not paid from Goldsmiths' Hall since 11 Jan. 1654–5. [No. 529.]
Edw. Makernes, minister. Was sequestered, but since offciated 8 years at Dudley, co. Stafford. Was there imprisoned by the Cavaliers for asserting the Parliament's right. Has since preached constantly in Northamptonshire; is presented by John Thornton to Weedonbeck Vicarage, value 30l. a year, and begs liberty to preach (b.) [No. 531.]
Charles Lord Stanhope, Lord Broghill, and others. Jas. Levingston had by patent the office of 6d. writs for 41 years from Jan. 1647–8. It came by assignment to Sir Jas. Levingston, who, on 23 Oct. 1647, granted 150l. a year out of the office for 12 years to John Nicholson, for securing 1,000l. for which Lord Stanhope and his lady had mortgaged lands (a). [No. 537.]
Peter de Saux, of Newhaven, France, for a pass from Newhaven to Newfoundland for the ship Town of Hamburg (a). [No. 538.]
Thos. Robert, of Newhaven, the like for the Arms of Holland. [No. 539.]
Capt. Wm. Kenion, for payment out of the Exchequer of his arrears. Served through the wars till the late reducement in Ireland. Was ordered payment for service in the North under Gen. Fairfax, out of discoveries, the discoverer to have 1/5. Has discovered 3,000l., and 1,500l. is paid in, and 5,000l. more is on Mr. Dove's list, and in part paid (a). [No. 540.]
Marg. Barry. Her husband, Major Sam. Barry, now in Jamaica, joined with Capt. Peck in purchase of Bagshot Park, and conveyed it to John Barry, a lawyer, who was to have ½ for 300l. debt, and 850l. more, which he now refuses to pay. Her husband not being present to enter a recognizance, according to the rules in Chancery, begs that some persons may call Barry before them, and settle the business (b). [No. 541.]
Nich. Blake, for leave to bring from Flushing in an English ship some wool, iron, and aniseed. Lost a great estate in Spain, but shipped part in a Dutch vessel, there being no English ship there (b). [No. 542.]
Wm. Lee, merchant. In 1628, his father had in custody 2,600 livres Tournois, from John Cadet, Sieur De la Brace, to be disposed of by order of Silvester Herman, but was forced by an Act of the Estates in Jersey to pay it for fortifications there, on bond for repayment. The father applied to the late King, who referred the case to the Attorney General, and on his report, payment was ordered, but it is not paid. Prays payment out of the public estate of the island (b). [No. 543.]
Major Chamberlain and Mr. Portman, for the poor of Putney, for part of the estate of Ranso, a German, for their relief (b). [No. 544.]
Rob. Spence. His uncle, Rob. Johnston, 16 years since, left Rob. Inglish 500l. in trust to purchase the petitioner an office or annuity, and meanwhile to pay him 40l. a year, but Inglish died, and nothing is paid except 6l. a week allowed the widow. Begs part thereof, the money to be paid out of the first assigned to Sir Wm. Dick (b). [No. 545.]
Rice Vaughan. That Mr. Dallison may transmit to Council the examinations taken at Haberdashers' Hall on the difference between him and John Edisbury, as the Haberdashers' Hall Commissioners are suspended, and that judgment may be given by Council (b). [No. 546.]
Jacob Ablynn, of Amsterdam, for payment, with 8 per cent. interest of 1,800l. In April 1643, laded in 2 ships in Ireland for Amsterdam, 2,930 raw hides, but they were employed by the Council in Ireland for the service. He delivered 110l. 15s. worth of provisions more, and 200l. in money, and had bills of exchange on the Committee for Irish affairs, not accepted (b). [No. 547.]
Rich. Keeble, serjeant-at-law, for payment of 1,050l. due to him for wages, whilst he was one of the Commissioners of the Great Seal (a). [No. 548.]
Mary, widow of Ensign Hunt, for maintenance; her son Henry, the staff of her age, went serjeant to the Indies, and there died, having served the State through the war (b). [No. 552.]
Inhabitants of Southwold and Walderswick, for enquiry into the state of their haven, and means to amend it; it formerly set forth many ships, but is spoiled for want of piering (a). [No. 555.]
Sarah Robinson, Wm. Kemp, and Ant. Broomage, cutlers, for satisfaction. In 1642, delivered to Col. Fr. Tompson, for his regiment, swords value 142l., and he had a warrant for payment of 318l. 15l., but pawned it to Mr. Cuthbert and Holden; it was ordered by Parliament to be delivered to them, but is lost (a). [No. 556.]
Ellinor, wife of John Merrick, who sailed as cooper in the Hopeful Adventure at 2l. 5s. a month, but after 9 months and 10 days, was beaten by Capt. C. Husbands, and turned ashore in Virginia. He had only paid him 15l. 10s. of 21l. due for wages. Begs the residue. Noted as delivered the party, 14 May 1656 (b). [No. 557.]
Major Rich. Banister. In 1643 raised a foot company under Col. Massey, and a foot company when the enemy was at Worcester; kept Churchdown garrison, near Gloucester, and spent 627l. 17s.; was tenant to 240l. a year of Lord Craven's estate, yet lost the benefit of pre-emption. Is unable to pay 150l. rent due to the State for that farm. Begs remission or suspension. Noted as delivered the party, 6 May 1656 (a). [No. 558.]
Hen. Symons, for leave to show a horse with postures without interruption. Col. Rossiter knows his good affection (b). [No. 559.]
David Morgan and Dorothy, his wife. Sarah Mayne, Dorothy's daughter, 12 years old, and under their tuition, has an estate of 12,000l. as co-heir of Jas. Mayne, late of Bovington, co. Herts, but one, Glascock, abetted by the Earl of Marlborough and Mr. Bland, has, with others, got away the child, and conveyed her beyond sea. Beg examination and justice (a). [No. 560.]
Mary, widow of Major Burton, slain at Montgomery, for payment of 200l., ordered by the Council of State in part of 277l., lent by her husband on public faith; mortgaged her jointure to enable him to raise a troop, and is bed-ridden and poor (a). [No. 561.]
Geo. Smith, for employment in his Highness's house or elsewhere. Has been faithful to Government, was educated under Dr. Preston, and has been in several employments, but is now destitute (b). [No. 562.]
Alice Wheeler. Going to New England, was taken by the Turks, with her husband and 2 children, who were there killed 6 years ago; ½ a year ago, she was redeemed by Wolf, a high German, to whom she promised 200 rix dollars; is under surgery. Begs charity towards her ransom (b). [No. 563.]
John Morris, merchant of Colchester. His estate was ruined by the leaguer; applied to Parliament, who ordered him satisfaction out of a rebel's estate in Essex, but the estate was otherwise disposed of. On 3 Dec. 1650, Parliament ordered him 2,500l. out of discoveries, and he discovered 5,000l. a year of the Earl of Arundel's estate. Begs payment of the 2,500l. out of that or other discoveries (a). [No. 565.]
Anne, widow of Wm. Dickens, for satisfaction. From 1643 to 1651, the profit of wine licenses was received for the State, and 9 years' rent due from it to her sequestered for her son-in-law's delinquency. The Commissioners for regulating the excise certify 2,478l. 4s. 11d. to be due to her for principal and interest, and an Ordinance was directed but not perfected (a). [No. 566.]
Mat. Allen, of Weymouth, for relief and leave to return to his trade. Was mayor of Weymouth in 1642, but proclaimed traitor, and indicted for his life. Lost 6,000l; is imprisoned for a debt for which he engaged, in order to the public service (b). [No. 567.]
Alexander, Earl of Murray, for remission of his fine of 1,166l. 12s. 1d. Was a child during the late differences, and his estate is small and much charged (a). [No. 568.]
Worsted weavers in Norfolk and Norwich, for a declaration to own the Act made for 3 years in 1650, and revived in 1653, but not obeyed, whence many suits arise, and no relief at law. Set forth the importance of the trade, and the want of regulation (b). [No. 569.]
Sir And. Jennour, Bart., for discharge. Has given ample testimony of his affection for 7 years by sending 2 horses to Worcester, &c.; his Highness is satisfied with his certificate (a). [No. 575.]
Katherine, Countess Dowager of Carnwarth. His Highness referred her case to the Council in Scotland, and they to law, but it was not relievable there. Begs that her appeal against the now Earl may be prosecuted here, or his estate seized on a former forfeiture, his pretended purchase notwithstanding. [No. 576.]
Ald. Rob. Tichborne, for conveyance of Hoby stables at Greenwich, which he bought in 1653 of the Worcester House Trustees for 223l., but did not call for the conveyance, and on 11 Jan. 1653–4 the Trustees' further proceedings were stayed by Council (b). [No. 577.]
Capt. Dan Goldsmith. Bought of the Worcester House Trustees a close and 5 houses in Whitechapel, and ground in Aldgate parish, worth 54l. a year, and had it conveyed, but the navy victuallers claimed it and entered, and an action at law is brought, though the report was that he ought to enjoy it. Has leased it for 21 years; prays that the lease may be made good, and a reprize (a). [No. 578.]
Fras. Neves, a sequestered minister, for leave to continue his vocation of keeping a private school at Lambeth, promising to live peaceably. Gives a certificate from the Commissioners of Surrey. [No. 579.]
John Cook, minister of Edenbridge, Kent, for liberty to exercise his ministry; is forbidden to preach after 1 Jan., but tenderness promised to the godly; annexes certificates (b). [No. 580.]
Christian Paul Santen and John Leemknell. Have an order from the Commissioners for Preservation of Customs for paying back 390l. for customs on prize wines, in regard of their great losses, but the customers say they have no power. Beg a privy seal, or licence to bring in French wines and discount. Noted done (a). [No. 581.]
Rob. Dare, for payment of 209l. 6s. 7d., his own and company's share in 3 prize ships, which they took in the Peter frigate in 1646 in Limerick river, and which were condemned, and he paid the company their share. Annexes a certificate (b). [No. 582.]
Eliz. Maxwell, Countess of Dirleton, for the benefit of English laws. Her husband, Jas. Maxwell, sold the Marquis of Argyle, &c., corn, value 3,333l. 6s. 8d., on bonds in 1645 and 1646 for payment out of the public revenue in England; and in March 1647, by another Act, former assignments were not to be prejudiced (a). [No. 583.]
Sir David and Eliz. Hasteville. He being imprisoned for debt, they beg payment of 500l. ordered him by Parliament, 17 Aug. 1648, 350l. being due from Haberdashers' Hall. [No. 585.]
Rob. Strachan, brother and executor of Col. Strachan, for payment of 200l. ordered for his brother from Goldsmiths' Hall by Parliament, 28 Aug. 1648, and the same to Adjutant Blackborne, out of moneys payable to any Scot engaged in the last invasion. [No. 586.]
Col. Wm. Beale, of Hackney, for payment out of discoveries of several sums due on the public faith (b). [No. 587.]
Giles Lord Allington, for a warrant to suppress diverse persons who molest him in possession of Hornheath Park, co. Cambridge, by forcible entries with dogs, &c., and assault his servants, and also to seize the dogs (b). [No. 589.]
Jan. ? Solomon Cole, servant to the late King and Queen, for payment of 399l. 8s. 9d. due to him; has been faithful and is very poor (a). [No. 590.]
Dan. Pegler, schoolmaster at Rochester. A salary was payable by the Gurney House Trustees to 20 poor scholars out of Rochester deanery, but the revenues were sold before debentures could be obtained. Begs payment of arrears out of church land revenues, by the trustees for Dean and Chapter lands (b). [No. 591.]
Thos. Writer of Worcester. Was a tanner of good estate before the troubles, contributed freely, and was spoiled by the King's party, who burned his 12 houses in the city, to the loss of 2,000l., and kept him prisoner; his case was referred by Parliament, but nothing done. Begs money, lands in Ireland, or other relief (a). [No. 592.]
Jan. 89. Warrant by Capt. Hatsell, Vice-Admiral for Devon, to the constables, &c., to search for and apprehend certain seamen and others not named, and bring them before him at the house of Thos. Lang, at Plympton Maurice, on Friday 1 Feb., to answer what shall be laid to their charge. In case they shall not apprehend them before the 1st of Feb., they are then to bring them before him at Plymouth, and all military and civil officers are to be aiding and assisting herein. [1 page.]

Footnotes

  • 1. This is the first of the letters in which cypher is introduced from Thos. Ross, or Row, to Sec. Nicholas. The name as given in decypher is Ross, but Nicholas usually endorsed his letters as from T. Row. There are two previous letters, written on 24 and 29 December 1655, in which the projected cypher is spoken of. For remarks on this series of letters, see preface to this volume.—Ed.
  • 2. There is a copy of this in the King's pamphlets dated in MS., January 28, 1655–6. Ed.