Volume 100: August 1655

Calendar of State Papers Domestic: Interregnum, 1655. Originally published by Her Majesty's Stationery Office, London, 1881.

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'Volume 100: August 1655', in Calendar of State Papers Domestic: Interregnum, 1655, (London, 1881) pp. 267-312. British History Online https://www.british-history.ac.uk/cal-state-papers/domestic/interregnum/1655/pp267-312 [accessed 12 April 2024]

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August 1655

Aug. 1. Council. Day's Proceedings.
1. Order—in regard of the present necessity to issue out such part of the 92,616l. 5s. 10½d. charged on moneys arising from compositions, sequestrations, or sale of delinquents' estates as will pay off the 14 days' pay charged thereon by the Army Committee for the forces and garrisons,—that as not enough money has yet been received, the War Treasurers pay the remainder, being about 10,800l., from any money in hand, and reimburse themselves from the next moneys that come in.
3. Sir Thos. Vyner and Ald. Riccard to forbear to pay the East India Company any more of the 30,000l. formerly ordered to be paid from the 85,000l. deposited in their hands, till further order.
4. The Navy business to be first considered to-morrow morning.
6. 1. Provision of victuals to be made for 8,000 men for the fleet, for 6 months, for the winter guard.
7. 2. The Admiralty Commissioners to consider whether the navy victualling can best be managed by contract or by commissioners.
8. Desborow, Montague, and Sydenham, to consider the state of the Treasuries, and what allowance may be thence constantly supplied to the Navy, and to report.
13. The petition of Capt. Ben. Gifford, governor of Landguard Fort, referred to Commissary-Gen. Whalley and the rest of the Committee of Officers on the reducement, to report.
14. The petition of the promoters, contrivers, and inventors of the trade of framework knitting and making silk stockings, referred to the Lord Mayor and aldermen of London, to report. [I. 76, pp. 214–6.]
Aug. 2. Council. Day's Proceedings.
1, 2. Mr. Moreland's letter from Geneva to Mr. Secretary read, and he to reply according to the sense of to-day's debate.
3. Approval by the Protector of 11 orders, 24 to 27 July.
5. The report on Major Hawes to be considered this day week.
6. Desborow to command the 12 militia troops in cos. Gloucester, Devon, Dorset, Cornwall, Somerset, and Wilts, and go down to execute the instructions. Approved 2 Aug.
7. To advise payment of 2,000l. on account of Council's contingencies to G. Frost. Approved 2 Aug.
8. Each officer of the county militia to have 6s. 8d. a day allowed during this their attendance here. [I. 76, pp. 216–7.]
Aug. 3. Council. Day's Proceedings.
1. Kinnersley, wardrobe keeper, and Embree, surveyor, to see, in their respective capacities, that Derby House be fitted for the Lord Deputy of Ireland.
2. 3. The Admiralty Commissioners to issue their warrant to the Ordnance Officers at the Tower to deliver to Col. Baxter (Berkstead) lieutenant of the Tower, 12 barrels of powder, with matches, &c., to be issued by him on warrants of Lord Lambert.
3. To advise that Pickering and Strickland be sent this afternoon to M. de Bordeaux, French Ambassador Extraordinary, to receive what he has to offer, as he has requested it. Approved, 3 Aug.
5. The Admiralty Commissioners to order the Sparrow to be got ready quickly, to convoy the money ordered for Scotland.
6. Lambert, Desborow, and Pickering to attend his Highness to perfect what was debated to-day concerning militia forces.
7, 8. Out of the money weekly paid from custom and excise duty, 2,000l. to be paid towards the charges of Government, and 9,000l. for the Navy. [I. 76, pp. 217–8.]
Aug. 7. 4. Petition of Thomas Blackmore, Mayor, the Aldermen, and Common Council of Great Torrington, Devon, to the Protector, for discharge from payment of 51l., arrears for the years 1648, 1649, and 1650, of the rent formerly paid by their town to the King, which the sheriff is charged to levy. Have lost much by the blowing up of the church and houses there, beside the extraordinary charge they were forced to by the King's army, so that their tenants cannot pay their rents, and are 200l. in arrear. Promise to pay it cheerfully in future. 23 signatures. With reference thereon to Council, 13 June 1655. [1 sheet.]
Aug. 7. Note of the reading of the petition in Council, but no order. [I. 76, p. 222.]
Aug. 7. 5. Petition of Edw. May, minister at Crayford, Kent, to the Protector. David Clarkson, by order of the Committee for Plundered Ministers, held the rectory for some time, as sequestered for delinquency of Dr. Vane. I was presented by the undoubted patron, and sued Clarkson, who detained it without colour of title. Clarkson complained to the Indemnity Committee, who declared he had no title, and referred me to law to recover my right. I was never sequestered nor adjudged delinquent, nor am I concerned in the late proclamation concerning ministers. I beg to be dismissed. [2/3 page.] Annexing,
5. i. Note that May was presented by the Earl of Westmoreland, 28 Oct. 1643, but that the Earl was sequestered Sept. 1643, compounded, and was discharged of sequestration, Sept. 14, 1644.
That from Jan. 1643–4 to May 1645, ministers were placed by Parliament, and that Cols. Blunt and Twistleton can testify thereon. [⅓ page.]
5. ii. Case of Edw. May. I was instituted in Oct. 1643 on resignation of Dr. Vane, and though my right was several times questioned on the ground of his delinquency, it was made good. In Oct. 1650, Clarkson obtained the rectory from the Committee for Plundered Ministers, and at length the case was referred to law, and a verdict was given for me. He claimed allowance for taxes and for dressing hop grounds, &c., and I granted him 26l., on which he released all interest in the rectory.
I was never sequestered, nor do I come within the late proclamation. In October 1652, my wife, being in extreme want through Clarkson's cruelty, petitioned the Committee for Plundered Ministers for her 1/5, but was dismissed, Clarkson declaring that I was not sequestered nor ejected.
The Earl of Westmoreland has full right to present to all rectories in his gift, and could so have done, even if Crayford had been void by Vane's death. [1 sheet.]
Aug. 7. The petitions of Clarkson and of May, who has appeared on summons, referred by Council to Mulgrave, Skippon, Rous, and Lisle, to report. [I. 76, p. 222.]
[Aug. 7.] 6. Petition of the parishioners of Crayford, Kent, to the Protector, that Edw. May, their minister, who is laborious in word and doctrine, may remain with them. Much regret his malicious prosecution, as he preaches twice every Sabbath, is pious, sober, and quiet, and teaches obedience to governors; he is appointed according to law, and cannot be within the intent of the late proclamation concerning ministers. [1 sheet. 43 signatures, 13 being by mark.]
Aug. 7. Note of the reading and passing in Council, and presenting to the Protector, of articles of agreement between Gen. Monk and the following persons, viz.:—
Sir Hugh Campbell of Cesnock, and John Shalmers of Gaitgirth, for John Earl of Loudoun, James Lord Maitland his son, and others, 12 March 1655.
(1.) The Earl and his servants to come in 6 weeks to Ayr, and give up their arms to Col. Cooper, Governor, or in his absence to Lieut.-Col. Sawrey.
(2.) The Earl to give security in 5,000l. for his peaceable deportment, those who have estates and the officers to give security, and the soldiers their engagements; also Lord Maitland to give security in 1,000l.
(3.) Loudoun to depart with sword, pistols, and horses, and the soldiers with horses, and sell them within 3 weeks, and to have passes home or beyond seas.
(4.) Loudoun, his son, and servants, discharged from all sequestrations, forfeitures, &c., for anything done during the wars, all which are already discharged and put in oblivion, and to enjoy their estates in England and Scotland, submitting to the common burdens.
(5.) The Earl and Lord to enjoy all to which they have a right by Act of Parliament, and particularly the rights of annuities of Teynes, or anything belonging to them by the laws of Scotland, as they would have done before any war between the 2 nations.
(6.) The Earl to be protected from all arrests for debts, for 21 days after the 6 weeks allowed for his coming in and laying down arms.
(7.) The Earl and his son to have the same favour as others who have capitulated.
(8.) 60l. expended in survey of their estates to be reimbursed to the Trustees for Forfeited Estates in Scotland, before they enter into possession.
(9.) These articles to be ratified by the Protector and Council, and delivered to the Earl within 3 months. [I. 76A, pp. 126–7.]
Aug. 7. William, Earl of Lothian, Maj.-Gen. Jas. Holburne, and Lieut.Col. Duncan Campbell, on behalf of Archibald, Marquis of Lorne. May 17, 1655.
(1.) Lorne and his party are to repair to the Old Church, Cardross, within 3 weeks, and there all Lowland Scots, English, Irish, and all others, except Highlanders, are to deliver their arms to Col. Cooper or Lieut.-Col. Symonds, giving him 24 hours' notice. All heads of clans with their tenants, who keep their arms for their own defence, are to give security, by bond or otherwise, not to disturb the peace.
(2.) Lorne to give good Lowland security in 5,000l. for his peaceable deportment, and his officers and vassals with estates to give security, viz., Highland men Highland security, and Lowland men Lowland security; the private soldiers to give engagements under their hands. The penalty of the officers' bonds to be 1,000l. for a colonel, 400l. a lieut.colonel, 200l. a major, 100l. a captain, 60l. a lieutenant, and 50l. a cornet or ensign.
(3.) Lorne to have liberty to march with horses and arms, the officers with horses and swords, and the soldiers with horses (except those excepted above) to their homes, and to sell their horses in 3 weeks. All to have passes home or beyond sea who desire it.
(4.) Lorne and his party to enjoy their estates without molestation, any act in the late wars notwithstanding, and to be freed from all sequestration, fine, or forfeiture, provided they have not killed any in cold blood, after quarter given, nor murdered any of the country people who were not in arms. Such as have lands in Ireland already disposed of by Parliament, his Highness, or Council, or the Lord Deputy and Council in Ireland, are not to claim them, but they are to have those not disposed of, provided they submit to public burdens.
(5.) Those gentlemen and commoners of Argyleshire who have not been in arms, but were forced by Lorne and his party to give assistance, are to be acquitted, living peaceably in future, except as to the robbery in Argyleshire of Col. Brayne and others with him, whose losses that part of Argyleshire is to make good, as adjudged at a court-martial at Dumbarton. Also the country is to satisfy the losses of the soldiers in Maj.-Gen. Deane's time, which the Marquis of Argyle engaged should be repaired.
(6.) All persons embezzling their arms and not bringing them in, and all doing any violence to the country after 14 days following the signing of the articles, to lose the benefit of this capitulation, except only that they may take free quarter till the time limited for laying down their arms.
(7.) Col. Wm. Brayne, Capt. Fras. Nicholls, and others of the English army taken prisoners before or with him, to be set at liberty. Sir Art. Forbes to be discharged from his imprisonment, and to give security in 3,000l. for his peaceable demeanour, and an engagement under his hand not to act against his Highness or the Commonwealth.
(8.) He is also to have liberty to go beyond seas with 1,000 foot, and serve any foreign prince or state in amity approved by the Protector, and is licensed to recruit every 3 years.
(9.) These articles to be ratified by the Protector and Council, and delivered to Lord Lorne within 3 months. [I. 76A, pp. 127–9.]
Both approved by the Protector, 9 Aug. [I. 76. pp. 223, 230.]
Aug. 7. 7. Petition of John, Lord Balmerinoch, for himself and many others much distressed and engaged for public debts, to the Protector. In 1638 to 1640, my father and many other noblemen and gentlemen, from affection to the honest cause, entered into bonds for the public, to which they were in reality but witnesses, and till 1652, the creditors got their interest and part payment from public moneys in Scotland. But they have lately got sentence against us, to the value of our whole estates, which they extend and appraise, force divers of us to abandon our country and families, for preservation of our persons, and take away our rents and livelihood, to our utter ruin. We beg you to appoint the remedy by some equal way upon the nation, and to stay all processes of our creditors on public debts, or on receipts for borrowed money, which some of us were obliged to give to a third person, who got the assignations of the principal creditors. [2/3 page.]
Aug. 7. Order thereon in Council, referring the case to the Council for Scotland, but ordering stay of all extents, appraisements, and other proceedings meanwhile. Approved 9 Aug. [I. 76. pp. 223–4, 230.]
Aug.7. Council. Day's Proceedings.
3. Order that Ant. Browne have license to come to London and stay 4 months, for dispatch of private affairs, the late proclamation notwithstanding. Annexing,
8. i. Certificate by Wm. Lenthall, Master of the Rolls, that several suits in Chancery are depending between John Browne, Anthony, his son and heir, and Anna Yeand, widow of London, and Mary her daughter, wife of Anthony, which are referred to him, and cannot well be settled except in London, and request that Anthony may come up, as the settlement will compose unnatural suits, and tend to the provision of 8 or 10 young children. 16 July 1655. [2/3 page.]
4. Order on report from the Committee of Officers for reducements, on a reference of Lieut.-Col. Rogers' accounts,—certifying that he raised 3 companies of foot, of 31 officers and 212 soldiers, for defence of Hereford and Ludlow garrisons, &c., which were disbanded on the orders of 24 March; that those listed on the 7 March had a month's pay, and others less in proportion, the charge being 308l. 16d. 0d.; also that he raised another company and troop of horse, which were never called on duty—that he should be paid the 308l. 16s. 0d., and that 2s. 6d. should be allowed to each trooper, and 1s. 6d. to each foot soldier of those not called out, making in all 329l. 12s. 0d. Annexing,
9. i. Report alluded to, signed by Whalley, Berkstead, and Worsley. 19 July 1655. [1½ pages.]
5. Order agreeing with the report from Commissary-Gen. Whalley and others of the Committee of Officers on the papers of Capt. John Nicholas—that during the late rebellion he raised 183 horse and dragoons, and 591 foot, beside officers, which were continued from 14 to 22 March, and then discharged; the expense whereof was 178l. 14s. 6d., and advising speedy payment thereof, and something for the encouragement of the foot officers, who discharged their own quarters and received no pay.
6. Lambert, Desborow, and Sydenham, to speak with the Committee of Officers concerning the grounds on which the time of keeping up the forces enlisted by Lieut.-Col. Rogers and Capt. Nicholas is ascertained, and to consider how the charges may be paid.
7. The report on Capt. John Blackwell's petition to be considered to-morrow.
8. The Army Committee to issue warrants to the Treasurers-atwar, to put on board a ship appointed by the Admiralty Commissioners, and send to Leith the 30,000l. for pay of the forces to be reduced in Scotland, there to be issued by the said Treasurers, on warrants from Gen. Monk, Commander-in-Chief there.
9. Ald. Jasper Clutterbuck, of Gloucester, to pay to Capt. Thos. Price, of Gloucester, 132l. 7s. 3d. balance of the sum raised in the city and county, when the Scottish army was defeated at Worcester— 250l. having been paid into the Exchequer—to be issued by Price on directions of Pury, the mayor, and of Aldermen Clutterbuck and Edwards, toward the charges occasioned the city by the late insurrection.
10. To advise that an additional commission be granted the Admiralty Judges to try pirates, and issued at once.
11. 10. The persons taken in the Brest man-of-war lately brought in, now on board the Fairfax, to be committed to the Marshalsea, except the Dutch, who are to be sent to their ambassador to do with as he pleases.
12. The draft of a warrant from the Scotch Committee, for preparing a patent under the Admiralty Seal to establish an Admiralty Court in Scotland, subordinate to that in England, read, and agreed to.
14. Frost to give in an account of all moneys received for Council's contingencies, from his last discharge till August 1, 1655, and the Clerks of Council to examine it and report. Frost to send in an account every month.
16. Order agreeing to the report of the Admiralty Commissioners on the petition of the Lieutenant and officers of the Tower—alleging that the warrant of the Commissioners for co. Middlesex, assessing the petitioners, is contrary to their charters and privileges,—and refusing to countermand the warrant, there not being sufficient reason for their exemption. Annexing,
11. i. Report of the said Commissioners alluded to, that assessments have been formerly laid on the Tower and taken off on application, but without sufficient reason. 7 Aug. 1655. [1 page.]
17. 12. The report from the Admiralty Committee, that the victualling of the navy will best be managed by Commissioners, and that it is time to have it attended to, agreed with, and referred back to the same Committee, to consider if Capt. Alderne, Major Bourne, and Mr. Willoughby, are fit for Commissioners; also to draw up the necessary articles and instructions, consider salaries, and report.
18. Order—on report from the Committee of Officers that a great quantity of arms and ammunition, whereof a list is given, remains at Newcastle—that they be removed to the Tower, and that Wm. Johnson, mayor, Capt. Thos. Lilburne, Capt. Ogle, Ald. Dawson, Ald. Bonner, and Wm. Taylor, see them safely transported and delivered to the Ordnance Officers; a duplicate of the particulars to be sent in to Council, and Wm. Taylor to take care thereof.
21. A report from the Committee on the Lyme Regis petition, concerning allowance for repair and enlargement of the Cob (?) there, read.
22. The supply of money for naval affairs to be considered tomorrow, and the Treasury Commissioners who are members of Council to be present.
24. The Committee appointed 31 July last to receive applications about the disposal of arms, &c., in reduced garrisons, to enquire into the public stores remaining in garrisons and not in use, so as to preserve them from embezzlement, and to advise their disposal for public use. [I. 76. pp. 219–224.]
Aug. 7.
Gray's Inn.
13. T. Lamplugh to Williamson. Do not quarrel with my former inscription; it may advance you to a pulpit. Bartholomew fair is near. Hang out a flag, gather pence, perform feats of sleight of hand. I will procure a booth, and blaze your fame abroad. Your friend, Tom Stalker, will be there to try once more the operation of your magical powder. Ask Mr. Cartwright to send me the book. [1 page.]
Aug. 8. 14. Jer. Bankes to Williamson. I am glad you have found out such a rare medicine as small beer. Private affairs. [1½ pages.]
Aug. 8.
Prize Office, London.
15. Commissioners for Prize Goods to the Protector and Council. We sold several goods at Yarmouth, Portsmouth, Plymouth, &c., including a large quantity of tobacco, for part of which Abr. Clerk, merchant of London, accepted 2 bills of exchange for 3,540l.; but he failing in payment, we sued him at common law, before Lord Chief Justice Rolle, and were nonsuited, on plea that the bills were payable to us as Commissioners for Prize Goods, and the Court would not recognize us under that name, though we produced the resolutions of Parliament of 8 March 1652–3, constituting us Commissioners, and the orders of his Highness and Council recognizing us as such. We find that the Admiralty Court will put an end to suits upon such bills, without the aid of the common law, and therefore desire that in future, all bills relating to prize goods may be tried in the Admiralty Court, where we are acknowledged, and we shall be able to recover the above and other great sums due to the State, if the Admiralty Judges may be empowered to hold pleas concerning bills of exchange for debts due to the State. [1 page.]
Aug. 9. 16. Petition of the 29 merchants of the Intercourse residing in London to the Protector. On 9 April 1655, we complained of our many grievances and burdens, and you referred us to your Council, on whom we have often waited for an answer, but their weighty business prevents.
By orders of 28 Feb. and 31 Aug. 1654, you granted that we should not be charged with the quartering of soldiers, and yet the Army Committee have ordered the Lieutenant of the Tower to quarter soldiers on us forthwith.
We pray that our former petition may be reviewed, and our complaints soon redressed, and that the said order for quartering soldiers may be revoked. [1 page.]
Aug. 9. Order thereon in Council that the quartering of soldiers upon them be recalled till their case is settled. [I. 76, pp. 227–8.]
Aug. 9. 17. Petition of Anne, Countess of Lauderdale, to the Protector, for part of her husband's late estate in Scotland, not yet disposed of, that she may have whereon to live. Her condition is exceeding sad, losing all means of subsistence, and the comforts of this life, by her husband being sent away to Portland castle. With reference, signed by the Protector, to Council. [1 page.]
Aug. 9. Order thereon in Council that, besides the lands value 300l. a year, settled on her by the Act of Grace from her husband's estates, she have 200l. a year out of the residue undisposed of, if so much arise therefrom, and the Commissioners at Leith are to see it paid. [I. 76, p. 225. See Aug. 24 infra.]
Aug. 9. Council. Day's Proceedings.
1. This clause to be added to the order of last Tuesday, referring Lord Balmarinoch's petition to the remedy of the Scotch Council; "and in the meantime, till the Scotch Council shall give order therein, all proceedings on the sentences, &c., at the suit of creditors shall be forborne." Approved 9 Aug.
3, 4. To advise payment to John Blackwell, jun., and Rich. Deane, present War Treasurers, of 4,000l. on account, to pay the forces in England and Wales to be reduced according to the establishment, and the Army Committee to order the War Treasurers to pay therefrom all arrears to officers and soldiers to be reduced. Approved 9 Aug.
5. The Scotch Committee to consider fit mottoes for the Scotch Seals, and report.
6–8. The clerk of the Scotch Council to receive 300l. a year, and the assistant clerk 200l., to be paid out of the revenue of Scotland, but neither to receive any fees beside their salary.
10. Col. Kelsey to command the Militia in cos. Kent and Surrey.
Col. Goffe in cos. Sussex, Bedford, and Southampton.
Maj. Butler in cos. Rutland, Huntingdon, Northampton, and Berkshire.
Com.-Gen. Whalley in cos. Lincoln, Nottingham, Stafford, Leicester, and Warwick.
Col. Bury in North and South Wales, Hereford, and Salop.
Lord Lambert in cos. York, Lancaster, Durham, Westmoreland, Cumberland, and Northumberland.
Gen. Desborow in cos. Cornwall, Devon, Somerset, Dorset, Wilts, and Gloucester.
The Lord Deputy of Ireland in cos. Norfolk, Suffolk, Essex, Hertford, Cambridge, Isle of Ely, Oxford, and Bucks.
Col. Worsley in cos. Derby, Chester, and Worcester.
Maj.-Gen. Skippon in Middlesex and London.
Approved 9 Aug.
11. Sir T. Vyner and Ald. Riccard to pay into the Exchequer 50,000l. of the 85,000l. received from the Dutch Ambassador.
12. 18. The report from Dr. Godolphin, an Admiralty Judge, about the ship Report, referred to the Admiralty Commissioners. Annexing,
18. i. Report alluded to. The affidavits are contradictory, those from the Report alleging that the accident which befel her was through the carelessness of Capt. Edm. Curtis, of the Ruby, and those from the Ruby attributing it to misapprehension and the unwieldiness of the Report. In such case of casualty, the loss ought to be equally divided. [3 pages.]
13, 14. The Governor of Berwick to discharge Losileur, captain of a foot company there, and put Capt. Jos. Simpson in his place. The way in which it is to be done referred to Lord Lambert.
15. The Muster-master general being allowed 14 deputies, viz., 1 at 8s. and 13 at 5s. a day, a 15th is added at 5s. a day.
16. The late deputy governor and surgeon for Portsmouth garrison to be continued and put in the army establishment, and to have 4s. a day each allowed them.
19. The Committee who brought in the establishment to speak with the Army Committee about taking off the charge of the agents in the country for the monthly assessment, on the paper now offered, and to report.
20. Several matters represented by Gen. Monk in his letters of July 20 and August 2, about the army establishment, referred to the Committee who brought it in, to report.
21. The report on Maj. Hawes' case postponed to this day week.
22. Order on report from the Admiralty Commissioners that 25,000 pieces of 8 are to be sent in specie to Gen. Blake for the fleet, that the Customs' Commissioners permit them to pass free of duty.
23. Order on report on the petition of Sam. Blakesly [see 31 July 1655] that 12l. be allowed him out of the army's contingencies, towards his sufferings and expenses, by his readiness to serve the State. Annexing,
19. i. Report by Whalley and Goffe, alluded to. [½ page.]
24. The report on Capt. Blackwell's petition postponed till tomorrow.
26. Order that—as on 21 June 1654 Wm. Lockhart, jun., and other trustees for settling the estates of excepted persons in Scotland were to settle lands value 120l. a year on Joachim Hane, reserving a yearly rent of 5l.; and as on 21 July 1654, an Ordinance was passed allowing the trustees to grant money instead of lands to those who wished it, and as Hane petitioned to resign the lands after he had held them a year in lieu of money—the proposal cannot be accepted, as the lands were assigned, but they must be reconveyed to him, only he is to be recompensed for the profits received during the resignation.
28. Approval by the Protector of 4 orders, 20 July to 9 Aug. [I. 76, pp. 225–290.]
Aug. 10. 20. Petition of James, Earl of Calendar, to the Protector. I have been 6 months prisoner in Burnt Island Castle and Edinburgh, and now 10 months prisoner on bond, without maintenance, or the use of my household stuff or evidences, so that my condition is too hard to express. I was never prisoner-of-war, and I never violated the passes given me by Gen. Monk in 1651, or by Col. Lilburne. I never corresponded with those lately in arms, nor acceded to their courses, and can find security for peaceable living. My estate was never sequestered, nor was there ground therefor, and so I differ from prisoners-of war, and fined and forfeited persons. I beg restoration to liberty and to my estate, to prevent the irreparable inconvenience of growing debt. With reference thereon to Council, 26 July 1655. [1 sheet.] Annexing,
20. i. Information of the Earl addressed to Lord Lambert. Came to Scotland Feb. 1651; had Monk's pass Nov. 1651; was not sequestered till 1654. Wishes that his lady may enjoy the jointure, andleft her by her first husband, [Alexander, Earl of Dumfernline] that no legal proceedings may be had against him till heard in Council, and that he may attend without forfeiting his bond to Monk to return to Scotland by the 26th. [1 page.]
20. ii. Note that he came to Scotland Feb. 1651, and had the pass in Nov. 1651. Addressed to Jessop. [Scrap.]
Aug. 10. Reference thereon in Council to Lord Lambert and the Lord Chamberlain, to report. [I. 76, p. 230.]
Aug. 10. 21. Petition of John Norbury, for the freeholders and wellaffected, to the Protector. By the laws of England, every freeholder holds his land of a superior, to whom he owes homage and pays rent, and who defends and protects him. The late King forfeited his headship by warring against his people, and there is no legal engagement from them to you or you to them, so that either party may desert the other. Therefore we wish to establish you in the power held by the late King, the rather that there are many dangerous plots, not only by Charles Stuart and his party, but by others who consider the legislative power lost, because it was granted by the late instrument to you and your Council till the meeting of Parliament; but Parliament having met, they say your power is ended, and wish for an ecclesiastical fifth monarchy. But history proves ecclesiastical power to be tyranny, and now a suit for tithes refused will cost 30 or 40 times their value.
Also many persons are illegally imprisoned for debt by a capias without previous summons, and left to perish for want of bail, whilst gentlemen live plentifully in prison. Also many are sent for to Westminster on false summons, for 5s. or 10s., and pay money rather than bear the charge of the journey and suit.
Your power is at present too short to help the oppressed, and yet you are under an oath, as our chief magistrate, to defend us. You ought to have the legal homage which is obstructed by the late instrument for government, declaring you Protector for life only.
We beg that you will appoint persons who shall—
1. Suppress arbitrary power or ecclesiastical censures.
2, 3. Prevent the imprisonment of any till summoned, according to the ancient course of law, by any bill of Middlesex, latitat, capias, quo minus, &c.
4. Take care that the true cause of action, or the debt be expressed in the summons, and that it be returnable in the Upper Bench or Exchequer, as well as in the Common Pleas.
5. See that gentlemen be proceeded against in the same manner as tradesmen, and liberate those who deliver up all their estates to their creditors, and give bond to pay the remainder when able.
6. When prisoners will not discover their estates, see that they be sent to workhouses to work for payment of their debts.
To empower you to do all this, we take you as our chief magistrate in place of the late King; and till a Parliament be called, we authorize you to execute the power, and promise by writing to pay you rents, and do homage to you and your heirs and successors, so that we be not liable to wardship. We desire that Commissioners be sent into all counties to take our recognitions, and certify them into the Exchequer, and that then you will defend us from delinquents and others. Also that qualified freeholders only be capable of choosing or serving as burgesses in Parliament, and as jurors at sessions or assizes. We also beg that you will call a Parliament to establish reformations, ease taxes, and find other ways of raising money for the army, &c. [1 broadsheet, printed.]
Aug. 10. Order thereon that John Norbury be summoned to attend Council on Tuesday, that meantime he be spoken with to stop proceedings on his petition, and that the said printed paper be suppressed. [I. 76, pp. 231–2.]
Aug. 10. Council. Day's Proceedings.
2. Thos. Simons, medal maker to his Highness, to prepare a medal and chain for Maj. Redman, according to an order of Aug. 1.
3. The petition of the Earl of Hartfell referred to Lambert and the Lord Chamberlain.
5. The instructions for Major-Generals of the Militia in their respective counties read, amended, one instruction added, and agreed to.
8. The 30,000l. ordered to be shipped to Scotland to be stayed, and the money consigned by a bill of Exchange.
9. 22. The Excise Commissioners to recommend a person fit to send to Scotland to settle the excise there.
10. 23. Order—on report from the Committee on Gen. Monk's letters—that the following alterations be made in the establishment in Scotland:—
Maj.-Gen. Morgan to have 10s. a day.
The Commander-in-chief to have a clerk at 5s. a day.
Of the train of 100 horse for England and Scotland, there shall be only 3 teams in England consisting of 18 horse.
Of the marshal-general's men allowed, there shall be 6 for Scotland, and the rest of the marshal's men's business supplied by the messengers of Council there.
800l. a month to be allowed for repair of garrisons and other contingencies in Scotland.
The garrison of Cromarty to be reduced, and that of Sinclair, in Caithness continued, with like pay for a governor, and allowance for fire and candles as was allowed to Cromarty.
The pay for the Governor of the Orkney Islands to be reduced to 3s. a day.
The pay for governor, fire, and candles, for Dundee garrison to be reduced, and the place disgarrisoned.
The Committee who brought in the establishment to consider how, by further entrenchment or other ways, the army may be supplied with money.
Trapham to be continued as his Highness's surgeon, and have 8s. a day allowed him and his mates, to be added to the establishment.
14. Order,—as 308l. 16s. 0d. appears by the certificate of the committee of officers for reducements, to have been disbursed by Col. Wroth Rogers,—that the moneys in the hands of John Birch and 5 others of co. Hereford, raised when the Scotch army was defeated at Worcester, be paid to Rogers, towards satisfaction of his debt.
15. Order, on a certificate from the Trustees for sale of Forest Lands,—desiring that all moneys to be paid to their workmen for fitting offices, &c., may be paid to Geo. Hooper, their messenger, to be by them distributed;—that his name be inserted in the order of May 24 last for that purpose. [I. 76, pp. 230–2.]
Aug. 10.
Whitehall.
Pres. Lawrence to Lieut.-Col. John Mayor, Governor of Berwick. Understanding that Capt. Jo. Simpson's company being removed from Berwick garrison to Tynemouth, and Capt. Losileur's company left in its place, Capt. Simpson's company is disbanded instead of Losileur's by mistake, it is thought fit to let you know it, and order you, on Simpson's return to Berwick, to disband Losileur's company, sending to Tynemouth as many as will complete that establishment to 50 centinels. [I. 76, p. 232.]
Aug. 10. 24. Capt. Thos. Alderne to the Admiralty Commissioners. I have considered how the victualling may be carried on by commission, and propose, in case it be resolved to make a particular office thereof, that the affair be ordered in the several ports by the following persons:—
In the Port of London, by a commissioner, and his clerk, a purveyor, a clerk of the check and his clerk, an accountant-general, a cashier, a storekeeper and his assistant, and a messenger, who also may be a hoy-taker. The care of this office to be the general providing of all manner of victuals for the navy, the issuing thereof, and accounting with all stewards and others in reference to the expense; the appointing of all officers, with their salaries, and what else shall be found needful.
The commissioner, as principal, to have the care of making all contracts, of correspondence, issues, accounts, cash, &c.; the passing of all expenses at sea, with the nomination of all officers, both on land and sea, that concern this employment, except the accountant-general and the cashier. The purveyor to assist in making all contracts in the several ports for provisions, to assist the commissioner, and to be so concerned therein as, in case of mortality or otherwise, to carry on the further management.
The check, with the clerk of the issues, to direct all issues to ships in the Port of London, and to receive all stewards' accounts, examining them so far as to prepare them for the commissioner's passing; to collect all receipts referring to issues in ports, and to procure an account thereof for the Navy Commissioners, in order to their examination and passing.
The accountant-general, by direction of the commissioner when present, and in his absence of the purveyor, to keep fairly entered all things that concern the whole action of victualling, both in the Port of London and all other ports, so as to charge each person and provision, and to discharge them as shall be requisite, so that a true balance of the whole may be constantly taken.
The cashier to receive and pay all money upon orders and warrants in writing; and what he receives to be paid by order of the Navy Commissioners, by way of imprest, and charged upon the commissioner until an account be passed, and the same adjusted with the Navy Commissioners, who are thereupon to pass an entire bill for the discharge of such imprests.
The clerk to attend to business and correspondence.
The storekeeper and his assistant to receive and preserve all provisions, and issue them by directions of the commissioner, who must, every 6 months, pass an account of issues, and every 12 months an entire account of the preceding year's action. The purveyor, in case of the Commissioner's mortality, to be obliged to do the like, and his vouchers to be warrants for providing and issuing provisions, with such receipts as shall be taken for provisions delivered out by him.
The cashier to be appointed by the State, and security given for his true performance to the Protector, and the accountant-general the like; both to be obliged to follow the directions of the commissioner or purveyor. The commissioner aforesaid to carry on the employment by deputation or contract in some ports.
The affairs in Portsmouth to be carried on by two agents; one for making contracts for provisions and receiving money, another to be clerk of the stores, and to issue out the same. At Plymouth the like, if the action be equal to that at Portsmouth. At Dover one agent will be sufficient. Harwich, Leith, Kinsale, and Milford to be managed by particular contracts, unless the employment will discharge the salary of an agent in each. The petty warrant at London, Chatham, and Portsmouth to be managed by particular contracts.
If you judge it better to make a conjunction of this employment with the rest of the navy's action, some of these officers may be spared, provided the general action of the navy be so modelled as that there might be a conjunction of accounts, and a due regulation therein. However, for the present, if the whole cannot be so readily methodized, yet having laid a foundation in the particulars proposed, the rest may hereafter be brought into the same channel. [3 pages.]
Aug. 10/20.
Cologne.
[Sec. Nicholas] to Jos. Jane. I could not write, being very sick some days, but by God's mercy, and Dr. Fraser's excellent skill and care, I am much better than I was before I fell ill, and expect to be better this 7 years for this fit of sickness, though I am lean and yellowish.
I have seen the French relation, printed at Brussels, of the repulse of Cromwell's fleet from Hispaniola; I believe the loss of the English there to have been very great, and am persuaded the fleet is on its way homewards; when it arrives, we shall see notable doings. I should be glad to hear that Blake had failed of intercepting the plate fleet, which I wish may come safe to Cadiz, and then the more insolent Blake's deportment towards the Spaniards shall be the better.
I am not credulous that Cromwell will yet close with France so soon as some imagine, whereby to despair the Spaniard, whom he finds already too low to cope with the French, but the villain may yet give my Don hopes of a reconciliation, to amuse him to his further ruin.
We hear that the Swedish King prevails against Poland, and designs to make himself master of the Baltic Sea, unless the States prevent, and that Cromwell countenances him underhand, to divert those forces from looking towards England.
I am glad the States have granted the Queen [of Bohemia] 1,000 guilders a month for subsistence. Tell me particulars of the concession, and by whom it was wrought. When does the old dowager come to the Hague ?
Excuse me to Mr. Somerdike for not writing. What has become of Beverning? Is there a resident ambassador to come from England to the States? I am sorry that I cannot get a house or any convenient lodging here for my wife. [2⅓ pages. Holland correspondence.]
Aug. 14. Council. Day's Proceedings.
1. The petition of Joanna Saville, referred by his Highness to Council, referred to the Treasury Commissioners, to receive her discoveries, and make such allowance to her as his Highness appointed by his answer to the petition.
2. John Norbury, attending Council according to the summons of last Friday, was called in, and being shown a paper read on Friday and again to-day, called, "The humble petition of freeholders and other well affected," &c., was asked if he penned and dispersed it. He confessed that he penned it as a lawyer for his clients, for whom he was of counsel in several particulars mentioned in the petition, and that by their directions he had it printed, and delivered some to a solicitor to give his clients; but as he learned that it was ill resented, he detained the rest. His Highness sharply reproved him for divers passages in the petition against Government, and commanded him to proceed no further, and to call in all the papers he could, and deliver those he has undistributed to Council, to have the press broken, and to discourage those employed to distribute copies.
4. The Army Committee to issue their warrant for sending the 30,000l. to Scotland, the order of 10 Aug. notwithstanding.
5. The Treasury Commissioners to order the auditing the accounts of Mr. Embree, and to report thereon, which being done, 1,000l. is to be added for repairs at Whitehall and Hampton Court, after which no further repairs shall be at the public charge, but paid out of the moneys for his Highness's family and expenses.
6. 25. Order on report from the Admiralty Commissioners on the order of 7 Aug., to consider of Capt. Thos. Alderne's fitness to be Navy Victualler, &c.,—certifying that as the directive power for victualling the fleet is lodged in them, and the work of the victualler will be chiefly executive, they think it will be best transacted by one person, with fitting subordinates, to be approved by themselves, and they think Alderne a fit person therefor, to be commissioned under the Great Seal, and pursue instructions annexed to their report; and as the action will require his whole time and much circumspection, and as he has to give in accounts of the whole, they think his salary should be 500l. a year—that the report and instructions be agreed to, and a commission under the Great Seal issued accordingly. Annexing,
i. Instructions to be inserted in the Patent to the Navy Victualler,—
(1.) To receive from the late victuallers by inventory all victuals, clapboards, staves, iron hoops, biscuit-bags, &c., which are serviceable.
(2.) To provide wholesome victuals, both for sea and in harbour, lodging them in the State's stores till issued, and obey the directions of the Protector and Council, or the Admiralty Commissioners.
(3.) To receive money on warrants from the Navy Commissioners to the Navy Treasurer, and issue it only for provisions and needful salaries and charges.
(4.) To issue provisions on warrants from the Protector and Council, the Admiralty Commissioners, Navy Commissioners, Army Committee, and Generals at sea, taking receipts and indents therefor.
(5.) To keep perfect accounts of all contracts, issues, and expenses, and produce them ½ yearly to the Navy Commissioners, who are to examine them upon vouchers, and charge them on the Navy Treasurer in one entire bill, for discharge of imprests or debts arising in the preceding management.
(6.) To account for all provisions at sea and in harbour with the persons employed, receive remains, and draw perfect accounts of each ship's expenditure; to do which, he is to have access to the sea books, and to examine any persons concerned.
(7.) To employ needful officers at fit salaries, with consent of the Admiralty Commissioners.
(8.) To keep a general oversight of all employed, that the service may content the seamen, and to do what is directed by the Protector and Council and Admiralty Commissioners for the advantage of the service.
(9.) To take all the State's brewhouses, bakehouses, mills, storehouses, &c., at Tower Hill, Dover, Rochester, Portsmouth, and Kinsale, which have been used for 20 years for Navy victualling, use them for storehouses and agents' lodgings, rent out on the State's account any not employed, and not to build, repair, or alienate any without consent of the Admiralty Commissioners.
(10.) To take up any ships, hoys, or lighters, carts, or carriages, mariners, bakers, coopers, or labourers needful for the service, paying them the wages given by merchants. He is to settle this affair and employment with the respective officers at the State's house, Tower Hill; and all books of accounts and papers concerning it are to be kept there. [I. 76A, pp. 91–4.]
7. The Treasury Commissioners to direct the auditing of the accounts of the Prize Commissioners, and see it done. [I. 76, pp. 233–4.]
Aug. 15. 26. Petition of Chris. Riddell, alias Roshe, jeweller, to the Protector. Being a German, and brought up a Protestant, the troubles in my own country preventing the exercise of my religion or trade, I came here 13 years ago, and have lived peaceably, and married Elizabeth, daughter of Mich. Pudsey, of Ellisfield, co. Oxon, and have 3 children, who might, on their mother's death, inherit part of their grandfather's estate, if I were naturalized. I begged this before, but Council referred me to Parliament, which was dissolved before my petition was answered. I beg a free denizenship. [1 page.] Annexing,
26. i. Like petition, urging that long before the dissolution of the late Parliament, his Highness and Council took into protection aliens who had fled to London for liberty of conscience. [1 page.]
26. ii. Certificate of Edw. Sparke, minister, Rich. Tingle, and Edw. Mutton, churchwardens, Wm. Cranfield, clerk, and 3 inhabitants of James' parish, Clerkenwell, in favour of Riddell, born at Zwyckaw, near Leipsic, Saxony, who has lived in the parish 8 years. 12 Jan. 1654–5. 7 signatures. [1 page.]
Aug. 15. Note of the reading of the petition in Council, 10 June, and order, 15 Aug., for a patent for his free denization. [I. 76. pp. 132, 235.]
Aug. 15. 27. Petition of Capt. Rich. Pechell to the Protector. The late Major Bethel made me his executor, and directed me to dispose of his arrears to pay debts contracted for horses to serve the late Parliament, and for legacies, all yet unpaid, because I have received nothing. I served under the Major several years in your own regiment, received 17 wounds, and lost part of my right hand. I am now reduced from the governorship of Yarmouth Castle, which was my main support. The Major owes me 607l. 18s. 6d.; I beg payment of the arrears, that I may pay the debts, and bring up my poor children. With speedy reference to Council, 1 Aug. 1655. [1 page.]
Aug. 15. 28. Reference thereon to the members of Council who are Treasury Commissioners, and to Major-Gen. Skippon, to report. [½ page. Also, I. 76, p. 236.]
Aug. 15. Council. Day's Proceedings.
1. The petition of James Earl of Home, James Earl of Hartfell, Sir Rob. Douglas of Blackenston, and other nobles and gentles of Scotland, referred to Lambert and Pickering, to report.
2. That of Rob. Twistleton and Evan Winstanley referred to Wolsley, Rous, and Strickland.
5. Two religious Frenchmen, lately brought to Plymouth by an English frigate, to be released, and have liberty to leave England, at the request of the French Ambassador.
8. The petition of the Committee for clearing claims for forfeited lands in Ireland, referred by the Protector to Council, referred to Wolsley, Sydenham, and Lisle, to report.
9. Order on report from the Committee on the petition touching Colchester—that some articles have been presented to the Committee, for which, not being in their reference, they pray direction— that the same Committee consider the fittest way to put Mr. Barrington's business, and report.
12. Order on report of the Treasury Commissioners on the petition of Mary, Robert, and Eliz. Jermyn [see 2 March 1655]—that the patent to Henry and Thos. Jermyn, of the Registrar's Office in Chancery, became void because no one attended to execute the place, and therefore a new patent was granted; that execution by deputies is taken away, and the fees so reduced as to be but competent for the 4 registrars who are to attend, the extra fees being formerly received by persons uncapable to execute the office, and therefore that no alteration can be made without breach of Ordinance—that Council does not see fit to do anything therein. [I. 76, pp. 234–7.] Annexing,
29. i. Report of the Treasury Commissioners, stating in detail the right of Lady Jermyn and her children to the office, but they lose their right by the Ordinance against its execution by deputy; yet it would be an act of equity if they were ordered a subsistence therefrom for life. 26 June 1655. [3 pages.]
Aug. 15.
Whitehall.
Pres. Lawrence to the Corporation of Southampton. His Highness and Council, having considered the misdemeanour of Wm. Higgins, mayor, Wm. Stanley, alderman, and Edw. Downer, late high-sheriff, resolve that they be discharged from their offices, and desire you therefore carefully to choose men of piety, integrity, and well-affected to the present Government to fill their places. [I. 76, p. 233.]
Aug. 15. 30. J. Edes to Williamson. Offers of service. We want a sight of your Act here. There are great preparations for the feast, and enough is said of the music to raise expectancy to the highest pitch. Please to forward me my letters. [1 page.]
Aug. 16. Orders by the Protector for the postal service in England, Scotland, and Ireland:—
For the Packet.
(1.) No packets or letters to be sent express unless directed for our special affairs, and subscribed by or addressed to us, the President of Council, Major-General of the Army, Treasury Commissioners, Principal Secretary of State, Admiralty Commissioners, Generals of the Fleet, Army Committee, or ambassadors or agents beyond the seas.
(2.) Letters and packets so directed to be carried by post from stage to stage only, being dated and signed by the writer or sender, and to run 7 miles an hour from 1 April to 30 Sept., and 5 miles the rest of the year.
(3.) That the expedition of the service may appear, every post is to keep a book, and enter the day and hour when packets are brought to him; to have 2 leather bags lined with cotton to carry the packets in, and to sound a horn when he meets company, and 4 times a mile.
(4.) They are to have all former favours and immunities, viz., freedom from impress, and from personal attendance at assizes, sessions, and inquests.
(5.) They are to carry the mails to and from London 3 times a a week without charge, have a good horse ready saddled against the hour the mail shall come in, and not detain it more than ½ an hour, entering on a label annexed to the mail the hour, their name, and the name of the stage.
(6.) Every post is to deliver all letters in the country at or near his stage, sent him by the principal ministers of the letter office, and receive port according to the tax on the letters, except such as are marked post paid, accounting for the moneys every 3 months, and returning to London letters brought to them in the country.
(7.) Every postmaster is to keep a large ledger, and to enter our packets, with the name of the post who brought them, the month, day and hour, of their arrival, and to whom directed. The time of the receipt to be also entered on a label fastened to the packet, and not on the packet or letter, as before.
To ensure security and expedition, our chief Secretary of State is to have charge of the postage and carriage of all letters and packets, both foreign and inland, to and from all places in England, Scotland, and Ireland, unless sent by common known carriers, or by messengers on purpose, or by servants or friends, or by ships not being packet boats for letters. All such packet boats are forbidden, and to be suppressed unless employed or authorized by him.
Orders for through posts.
(1.) The service of the packets, and the horsing of through posts, and persons riding post with horn or guide, is to be performed by the standing posts, who are to keep a sufficient number of saddled post horses, and none others to horse any without their consent. If, on the arrival of ambassadors or other occasion, men riding post, that is with horn or guide, come in such numbers that the provision does not suffice, the constables, with aid of the chief magistrate, on requisition in our name, are to supply the post with hired horses.
(2.) All strangers riding with horse and guide alone, or with one of our posts, for the Low Countries, France, &c., all ambassadors on their princes' affairs, and others riding with horse or guide, are to change horses only at the post house, paying 3d. a mile, beside the guide groat.
(3.) None are to take horses without first paying the hire, nor to ride them further than the next stage, nor charge them with any burden more than 30 lbs. (beside the rider) without consent of the postmaster. On a complaint of disobedience, the party is to be stayed by the magistrate till payment is made or security given; if further punishment is needed, our Secretary is to send for the parties to answer their contempt.
(4.) All are required to obey these, and any further directions of our Secretary for ordering posts. Approved 17 Aug. [I. 76A, pp. 94–8; I. 76, pp. 237, 244.]
Aug. 16. Form of a certificate to be used by justices of peace in England and Wales, in case of Popish recusants refusing to take the oath of abjuration, or neglecting to appear to take it.
We, being two justices of peace of co. Bucks, certify to the Barons' Court of Exchequer, that the persons in the schedule annexed, being summoned by us, on the proclamation of 26 April 1655, to take the oath of abjuration, as being suspected to be Popishly affected, refused to take it.
We also certify that the persons in another schedule refused or neglected to attend us, being legally required. With forms of both schedules, which are to be written on parchment, sent up sealed to the barons, and delivered on oath that they were received from the justices who signed them. Approved 3 Sept. [I. 76A, pp. 105–6; I. 76, pp. 237, 264.]
Aug. 16. 31, 32. Petition of John Whicker and other owners of the Gilliflower, to the Protector. In 1644, when Pembrokeshire was almost lost to Parliament for want of money, arms, and munition, from their good affection, and at request of the County Commissioners, they furnished the public with money and goods from their ship, value 557l. 12s. 8d., and have a receipt therefor. The said Commissioners then took up the ship at 150l. a month for 4 months, to guard the port and town, and land men and ordnance, making the entire claim 1,157l. 12s. 8d.
The late Committee of Parliament voted them the 557l. 12s. 8d., and promised to report their claim for freight, with interest, to Parliament; but the report was never made, justice is delayed, and they have scarcely anything to maintain their wives and children. Beg the 1,157l. 12s. 8d. with interest. With reference thereon to Council, 1 May 1654. [2 copies, 1 sheet each. Also I. 92, No. 61.] Annexing,
32. i. Order in Parliament that Sir Rich. Phillipps, John Langhorne, Art. Owen, Roger Lort, Lewis Barlow, Capt. Rich. Swanley, and Capt. Smith be added to the Commissioners for cos. Pembroke, Carmarthen, and Cardigan, and Thos. Wogan, David Morgan, and John Lloyd put out, having turned to them that are in actual war against Parliament. 14 Aug. 1644. Endorsed "John Whicker."page. Printed in Lords' Journals, vi., 670.]
32. ii. Bill of goods, viz., iron, cloth, canvas, &c., delivered by Ralph Gosnold, on account of Capt. Rich. Crandley and John Whicker, merchant, to the County Commissioners of Pembroke, for relief of the Parliament's garrison, for which goods they are to receive 1,500 bushels of good wheat, at 3s. a bushel. Value of goods 557l. 12s. 8d.; demurrage of ship, 600l. 10 Oct. 1644. [1 page.]
32. iii. Order in the Derby House Committee, that the petition of Capt. Rich. Crandley and others, about provisions delivered for Pembrokeshire, and for Youghall in Ireland, be specially commended to the Committee of the House of Commons for Petitions. 4 Oct. 1645. [½ page.]
32. iv. Orders of the Committee of the said House for Petitions for payment, 20 and 27 Jan., and 10 Feb. 1645–6; also order for their payment from delinquents' estates, to be discovered by them within a month. [1¼ pages.]
32. v. Certificate by the County Commissioners, Phillipps, Swanley, Lort, and John Eliot, of their purchase of the said goods, for which corn was to be delivered; but the enemy soon after forced their way into the county, and did much spoil, and drove the Parliament's forces into Pembroke and Tenby garrisons, whereby the Committee were unable to perform their contract for delivery of the corn, and the ship had to remain on demurrage from 3 Jan. to 26 April 1645, at the cost of 580l. 15s. 0d. of which they recommend payment, as the goods enabled them to expel the enemy from that county, to which the ship and men gave assistance. 26 Jan. 1645–6. [¾ page.]
32. vi. Order in Parliament, referring Mr. Whicker's business to the Navy Committee, to report what should be given him. 19 Feb. 1650–1. [2/3 page. Printed Com. Journals, vi. 536.]
32. vii. Report by the said Commissioners thereon, that goods, value 557l. 12s. 8d., were taken up by the County Commissioners from the said ship. 11 July 1651. [1 page.]
Aug. 16. Order in Council that the said petition be forthwith dismissed. [I. 75, p. 240.]
Aug. 16. Notes of petitions, all in I. 92, referred in 1654 to the Committee for Petitions, of their reports, and of Orders in Council on most of the cases, all in I. 76, viz.:—
Peter Van Latham and Jos. Lee, that their claim to the ship Treveer of Treveer may be admitted; it was sentenced in the Admiralty Court before they had notice. Referred to the Admiralty Judges and Dr. Walker, to state the fact, and report. [No. 12, p. 238.]
Divers shipowners, for payment of arrears of freight due for employment in the service since 1642; reported as not proper for Council, but to be left to Parliament, part of the debt being already paid. Dismissed. [No. 14, p. 238.]
Officers and soldiers, late under Major Thos. Shilborne, and Capt. Deverell, for arrears of their pay, on certificates and reports of Capt. Falconbridge and Rich. Sherwin. Referred to the Commissioners for Soldiers' Accounts at Worcester House, to examine the vouchers on their accounts, and report. [No. 15, p. 238.]
Mrs. Burton, for 200l., part of her Public Faith debt, as ordered by Parliament. Her husband mortgaged her jointure to raise a troop, and was slain in the service. Dismissed. [No. 16.]
Dr. Godfrey Goodman, late Bishop of Gloucester, for some allowance for maintenance. Referred to the Treasury Commissioners, to report. [No. 17, p. 239.]
John Worsopp and Ant. Thomas, for 100 purchasers and adventurers in the drained level of the East and West Fens, on the N. and N.E. of Witham River, co. Lincoln, to be reinstated in their possession, and further relieved. Dismissed, the thing in question being matter of title. [No. 19, p. 239.]
Major Sam. Gooday, that 1,000l. due to him for arrears may be charged on the security of the Army; report that the time is elapsed if nothing done already. Dismissed. [No. 21, p. 239.]
Col. Geo. Gill, for payment of his arrears and expenses from 2,000l. in Lord Saville's hands; on report that ¼ should be paid him, the question whether ¼ of the 2,000l. arrears of Lord Saville's fine of 4,000l. shall be paid him as it comes in passed in the negative. [No. 23, p. 239.]
Aug. 16. Thos. Smith, Sam. Moyer, and other Masters of Trinity House, for incorporation. The Charter of Incorporation prepared by order of the late Council of State, and some rules for relief of poor mariners, to be considered Aug. 23. [No. 24a, p. 239.]
Wm. Cooke, commander of the Providence of London, and Wm. Wright and Nich. Martin, merchants, for reparation of their losses by the French by a ship taken in the Straits. Referred to the Commissioners for the French Treaty, that they may be relieved as others in like cases. [No. 25, p. 209.]
Edw. Solme, gent., for stay of proceedings on a contract at Worcester house, for lands which he holds by lease, but which were returned as in possession, he not exhibiting his claim in due time; reported as unsatisfactory and not to be allowed. Dismissed. [No. 26, p. 239.]
Carmen of London, their widows, orphans, and executors, for a hearing of the matter lately depending before the Committee of Parliament for Corporations, and for delivery of the papers; reported as fit for Parliamentary consideration. Dismissed. [No. 27, p. 239.]
Major Edw. Bass, for consideration of his sufferings and arrears, and his loss of an office of 250l. a year; reported as worthy of some employment of profit. Dismissed. [No. 28, p. 239.]
Nicholas, Ephraim, Elizabeth, and Judith, orphans of Nich. Murford, for relief in respect of their father's losses about salt works in the time of the late King; reported not proper for Council Dismissed. [No. 30, p. 240.]
John Birch, Mayor of Newbury, for pay of disbursements of that town about Dutch prisoners, above the State's allowance; report that the money was not looked after, nor the sum evidenced. Dismissed. [No. 32, p. 240.]
George Searle, for satisfaction, by a dividend out of the prizes taken from St. Malo, for his losses by the French of that town; reported unfit. Dismissed. [No. 34, p. 240.]
Lady Agnes Maxwell, for payment of the arrears of a pension granted her by King James; reported as long since due. Dismissed. [No. 38, p. 240.]
Eliz. Johnson, for benefit of a judgment, and possession of certain marsh lands, co. Lincoln; reported matter of title, fit for law. Dismissed. [No. 40, p. 240.]
Wm. Wray, and other farmers in North Wales, for a course to be taken for the rents of Welsh livings; reported as fit to be enquired into. Referred to the Treasury Commissioners, to enquire how the tithes and profits of the rectories sequestered from ministers by the Society for Propagation of the Gospel there are managed and disposed, consider particularly of the petition, and report. [No. 44, p. 240.]
Eliz. Folderoy, for payment of 30l. a year, part of 50l., her late husband's augmentation according to his Highness's order; reported cannot be done. Dismissed. [No. 57.]
Capt. Fras. Swayne, for relief upon his arrears for service. Dismissed. [No. 58, p. 240.]
Aug. 16. Capt. Hen. Courtney, for payment out of Irish lands of 843l., for service in Cornwall. Dismissed. [No. 62, p. 240.]
Bathshua Makins, for payment of the arrears of 40l. a year granted her for life, for her attendance on the late King's children; reported as part of the business laid aside by Council. Dismissed. [No. 63, p. 241.]
Aug. 16. Council. Day's Proceedings.
2. Order,—on petition of Margaret, Countess of Worcester, praying the benefit of Worcester House,—that no letter be written to the Trustees for Delinquents' Estates, to represent the state of the business.
4. Lord Broghill's salary, as President of the Council in Scotland, to begin from March 1 last, in regard of his attendance in town from that time on that service.
5. Col. Whetham's salary, as one of the Council in Scotland, to begin from May 1 last, on the same ground.
6. The draft of an order of yesterday, on Lady Mary Jermyn's petition, read and agreed to.
7. The Committee and Treasurers of the money for distressed Protestants in Piedmont to see that, of the 15,000l. ordered to be transmitted beyond seas, 5,000l. be paid at Geneva to John Lodowick Calandrin, to be disposed according to his Highness's directions.
8. The clerks of Council to enquire why the arbitration proposed in the case of Armiger Warner has not taken effect, and to compose the difference between him and Jeffries, if possible.
9. Order on a paper from Lord Nieuport, that the Customs' Commissioners allow his agents to take up, custom free, 8 hogsheads of French wine, sent for his use from Zealand. [I. 76, pp. 237–8.]
Aug. 17. 33. Petition of Sir Hen. Anderson to the Protector. Parliament granted and the late Council of State confirmed to my daughter Isabel, widow of John Hotham, for herself and her only son Henry, 7,000l., but the late Act of Oblivion cut off all the moneys on which it was to be raised, and she died greatly in debt, leaving the child eight years old, who died a year after; I, as his grandfather and administrator, am much engaged for the debts, as appears by a bond of 4,000l. of Hotham's, forfeited to me. Being now a prisoner for this debt, I beg the 7,000l. from moneys or lands to be discovered by me. With reference, signed by the Protector, to Council, 14 Aug. 1655. [1 page.] Annexing,
33. i. Order in Parliament for payment to Mrs. Hotham of the rents due to Mr. Hotham before his death, and now in the tenants' hands, and also for restoration to her of such of his goods seized by Lord Fairfax as are not disposed of. 12 Jan. 1645–6. [½ page, copy. Com. Journals iv. 404.]
33. ii. Order in a Committee of the Council of State authorized to decide in the case of Mrs. Hotham and her son, that they be allowed ½ of 10,000l. and of 4,000l. to be discovered by them. 17 Nov. 1651. [¾ page.]
Aug. 17. Reference thereon in Council to Mulgrave, Skippon, and Desborow, to report. [I. 76, p. 241.]
Aug. 17.
Whitehall.
34. Order by the Protector that Col. Goffe, Nath. Bacon, Master of Requests, and Hen. Scobell, and Wm. Jessop, clerks of Council, examine witnesses on the abuses in Whittlewood Forest by John Urlin, John Hathway, Wm. Taylor, Wm Perry, and others. [2/3 page.] Annexing,
34. i. Notes of the examinations of the said persons, with their replies to the charges against them, and of witnesses therein. 18 Aug. 1655. [3 pages; see 24 July 1655.]
34. ii. Like notes of examinations. 31 Aug. [1 page.]
34. iii. Report by the Committee that as to Urlin, much will depend on whether the coppices purchased by him be forest, the highway legally taken in, and the fences strong enough to keep out deer; also whether the charge of abusing the keepers, which he denies, can be proved, but there should be examination on the place. He has cleared himself about the felling, having a reprize therefor, as shewn by orders of the Committee for removing Obstructions. Hathway challenged a liberty of coursing, but has promised Lord Claypole henceforth to forbear it. Taylor denies the killing of the deer, and says the keepers set on him, but this must be examined at the place. [2 pages.]
Aug. 17. Council. Day's Proceedings.
2. A paper of Aug. 15, signed by Capt. John Browne, concerning abuses offered to Nich. Widlowe, Edw. Whittaker, and John Oliver, soldiers in his troop, by Fras. Hill and his company, in their way from their muster at Sevenoaks towards Dartford, co. Kent, on July 17 last, read, and referred to Col. Kelsey, Col. John Twistleton, Capt. Augustine Skinner, and Lambert Godfrey, to report.
3. The Petitions to the Protector of—
John Hook,
Col. Thos. Symons,
Maj. Chris. Copperthwaite,
" Elias Chamberlaine,
Capt. Matth. Phillips,
Thos. Davies,
Edw. Russell,
Wm. Bowes,
James Pinkney,
Thos. Barnes,
Matth. Binks, and
Edw. Cook,
concerning the office of clerk of the market, which were referred to Council, referred to Wolsley, Rous, and Strickland, to report.
5. To advise payment of 3,000l. to Frost, for the Council's contingencies.
6. Order on a report of the Commissioners for Appeals and regulating the Excise—presenting Thos. Tucker, their registrar, as a fit person to be sent to Scotland to assist in settling the excise there— that he be so sent; that during his absence, he be continued in his office as registrar, and have the fees and profits; and that the Council in Scotland make him a Commissioner for Excise there, with the same pay as the other Commissioners; if he deserve any further recompense, it is to be allowed. Approved 22 Aug. Annexing,
35. i. Report alluded to, adding that he can be spared a short time without prejudice. [½ page.]
7. An abridgment of the privileges of the Island of Guernsey, a declaration of its condition, and a paper touching Castle Cornet, presented by Jas. Haviland and Chas. De la Marche to the Protector, and transmitted to Council, referred to Scobell and Jessop, to present a short statement thereof to Council.
8. The petition of Jenkin Lloyd, for himself and the other Commissioners for ejection of scandalous Ministers and Schoolmasters in South Wales, referred to the Treasury Commissioners, to report.
9. The Army Committee to cast up the amount of the 2 months' pay ordered 20 July to Capt. Foster and 30 men, placed in Middleham Castle to prevent its surprise, and his Highness to be requested to order payment from the Army's contingencies.
10. Order on certificate of the Customs' Commissioners that the 375l. which they were ordered on 24 July to repay to Tobias Solicoffers has long since been paid into the Treasury, to advise a warrant for its payment from the Exchequer.
12. Order on report from the Committee on the petitions of Edw. May and Dav. Clarkson that—as May's claim is only on presentation of the sequestered Earl of Westmoreland, and as the Committee for plundered Ministers appointed to the rectory from Jan. 1643-4 to last May, when Clarkson was ejected by May, and as May is reported scandalous—the former Committee examine further and report, and meanwhile May suffer Clarkson to officiate and receive all the dues, for which he is to be accountable, if the order goes against him.
13. Order that the Army Committee, in issuing their warrants for payment of 4,000l. to the forces to be reduced in England and Wales, pay them only to the day of their reducement, not exceeding 13 August instant. Approved 22 Aug.
14. Order to advise payment to the Treasurers-at-war of 4,793l. 4s. 8d., from which the Army Committee are to be required to pay the foot companies in London, viz., to his Highness' regiment, Cols. Goffe and Ingoldsby's, and 16 companies of Lord Lambert's foot, for one month, ending 20 Aug., 4,242l. 18s. 8d., and to the forces in the Tower, 550l. 6s. Approved 22 Aug.
15. 36. The Admiralty Commissioners to prepare the Sparrow, or some fit ship, to carry 30,000l. to Leith, according to an order of Aug. 14.
16. Approval by the Protector of 2 orders of 7 and 16 Aug. [I. 76, pp. 241–4.]
Aug. 17.
Motston.
37. Rob. Dillington to Williamson. Private affairs. Command me somewhat to the Duchess of Richmond, or come to London with thy duchess' mask in thy pocket. [12/3 pages, much defaced.]
[Aug. 20.] 38. Abstract by Wm. Astell of his proceedings in reference to the silver ships.
On 21 January 1652–3, Ab. Johnson told me and Wm. Pembridge that the Samson, Salvador, and George belonged to Holland, and said he would confess it before the Prize Commissioners. They sent 4 of us to Woolwich to make discoveries, and we met with the trumpeter of the Salvador, Corn. Petersen, who discovered to us what I have already alleged, and said they could get at the silver and fill their pockets when they pleased. I told the Prize Commissioners this, in order that the waiters might search them, and they gave me and Pembridge a letter to Col. Barkstead, who gave us a search warrant; but our intentions were soon known; though we took no silver, we kept them from stealing, as the seamen were to be searched before leaving the ship; but 2 bars taken by the gunner and hidden in his cabin were seized.
I showed my paper of discovery to Dr. Walker, and he was angry that it had not been brought in before; then I sent it to the Council of State by Maj.-Gen. Desborow, who bade me see what more I could discover.
I was from January to October before I could get my witnesses examined, and then the examinations were delivered to Mr. Violet, who pretended to the discovery, and my labour would have been imputed to him, but my wife informed Dr. Walker to the contrary. I often went to the Admiralty Judges for publication, but could get none, so I thought all was done, and begged a gratuity, when his Highness sent to the Judges for examination and report. At last the Judges brought a report, I know not what; Judge Godolphin said it was not ripe, but I might ask for charges, when I got 40l. I had then been 16 months on the business, and still went on, till at last I got publication, and then the trial was ¾ of a year, and I followed it to the end; but by means of Ab. Johnson and his wife, the Samson was cleared, though afterwards made prize, because some Spaniards were part owners. It was in the height of our Holland war, and I prosecuted the ships because they sailed from Amsterdam, and were bound to Amsterdam, and that not on Johnson's discovery, but on what I heard from Corn. Petersen, the trumpeter. Johnson claims the discovery, but he never put in a paper, nor brought witnesses, nor was at any charge. [4½ pages.]
Aug. 20. 39. Similar paper, but more lengthy in its details. [6½ pages.] Annexing,
39. i. Warrant by Col. John Barkstead, Lieutenant of the Tower, to all constables, officers, &c. of the Thames, and in Middlesex and Surrey, to assist Wm. Astell and Wm. Pembridge in finding out silver conceived to be embezzled from the Dutch prizes between the Tower and Gravesend, and to apprehend those concerned therein, and bring them before him, or a justice of peace near, to be proceeded against according to law. Tower, 5 Feb. 1652–3. [Copy, 1 page.]
39. ii. Dr. Walter Walker to Sec. Thurloe. The bearer begs that Urian Martesen may be examined about the silver in the Samson, &c. I tell him this cannot be without Council's order, but he is so importunate, because the man is soon going out of England, that I trouble you with these lines. 4 July, 1653. [1 page.]
39. iii. Certificate by Rob. Swann, Headborough of Katherine's, that Urian Martesen lodged with him at 6d. a day as other prisoners, fell sick and went to the hospital, and then had only charity, and that Ab. Johnson did not maintain him. 20 July 1655. [Scrap.]
Aug. 21. 40. Petition of Capt. John Poyntz to the Protector. I and my 3 sons have served faithfully these 10 years in England, Scotland, and Ireland, and I have 240l. of arrears stated long since in Worcester House, and have spent my estate in looking after it, till I was forced, for want of it, to trail a pike under Col. Ingoldsby. I beg an order to the Haberdashers' Hall Committee to order the examination in my presence of some persons who hold concealed moneys, and to give me allowance for my arrears and charges out of what is recovered. The persons, all in co. Monmouth, are,—
Jas. Parry, Nich. Symmons, and Edw. Roberts, who have withheld rents for lands.
Marg. Morgan, of Carlian, Papist, part of her estate unsequestered. John George, of Llanvihangel by Llanternam, arrears due for sequestration, and an unsequestered estate.
Thomas and Jas. Cox, who have seized the estate of Jeonett Poyntz, widow, and a Papist, who died without children. With reference to Strickland, Captain of the Guard, and Jones; Hampton Court, 21 Aug. 1655. [1 page.] Annexing,
40. i. Capt. John Poyntz to Col. Phil. Jones. I beg you to hasten your report on my petition. Strickland will put his hand to what you agree to, and you have several letters and certificates from Monmouthshire about these estates. [½ page.]
40. ii. Report thereon that the Treasury Commissioners should proceed to judgment on the said discoveries, and out of the moneys brought in therefrom, Poyntz's arrears and expenses should be paid. [1 page, corrected draft.]
Aug. 21. 41. Petition of Charles Walley, of Chester, to the Protector. I have been 10 years employed in the State's service, to ship off all the forces sent by way of Chester, Liverpool, or the ports in North Wales, into Ireland, paying quarters whilst they waited a wind, and to buy and send away divers kinds of provisions for the army in Ireland, and some for Scotland, and also to manage the disbursements for the reducing the Isle of Man. For this, large sums have been intrusted to me, which I have paid on instructions of the Council of State, or Irish and Scotch Committee, and those accounts have been carefully cleared, and the State was always debtor to me. The other accounts have been neglected through press of business, but are now ready. I beg an order to the Auditors of the Imprest, or the Treasurers at Guildhall, or other public auditors, to take my account.
As from the nature of the service I could not have vouchers for all my disbursements, I beg that the auditors, where I cannot produce acquittance or voucher, may allow the same on my oath. I beg discharge without delay, as I find myself much decayed of late, both in spirit and strength, having been in London 11 months. With reference thereon, signed by the Protector, to Council, to order the stating of the accounts, and consider how he may be satisfied for his manifold services. Hampton Court, 16 July 1655. [1 sheet.]
41. i. [Chas. Walley to the Protector.] The Guildhall Treasurers have seen my accounts, and given me my charge, as most of the money received was from them, and I am now to state my payments. I beg you to empower Fras. Allen, John Blackwell, jun., Wm. Rowe, and Wm. Garbert to take my accounts, and certify, giving them power to take my oath on those particulars for which I have not vouchers. If I am put over to other auditors, who must have all my accounts, my business will be so delayed that I may not be able to see it finished, having now been a year in London, and growing weak. I have served 9 years without salary or allowance, and beg dispatch. I am a stranger to the Council, and they to me, and have no friend but you. I beg your assent to an order of the following purport. [1 page.]
41. ii. Form of an order as requested, for Commissioners to take his accounts, return a brief state thereof to Council, with the books, vouchers, &c., and say what orders or warrants are needful for the case to be settled, and Walley discharged. [2/3 page.]
Aug. 21. Reference thereon in Council to the Auditors of Imprest, to state the accounts, and report. [I. 76, p. 245.]
Aug. 21. Council. Day's Proceedings.
1. August 23 to be set apart for the seeking of God in prayer and humiliation.
2, 3. Dr. Thos. Goodwin, Mr. Greenhill, Jo. Carill, and Mr. Crodok, to be desired to assist as ministers in carrying on the work of that day.
4. Order on petition of Col. Geo. Gill, to pay him 500l. out of 2,000l., ½ of the fine imposed on Lord Saville for delinquency, as soon as it shall be paid in.
5. Like order for payment to Vice-Adm. Lawson of 500l. out of the said fine.
7. Warrant for release of John Baptiste Du Testre and Jean de Jean (2 religious Frenchmen) with their 2 servants, taken in their way from Nantes to Martinique and Guadaloupe, whither they were going as Missionaries, and for delivery of their goods, books, and ornaments. [I. 76, pp. 245–6.]
Aug. 22. Council. Day's Proceedings.
1. An amendment to the last clause of the instructions to the Major-Generals, reported by Lambert, read and agreed to.
2. Orders and instructions to be given to the Commissioners in their respective counties read in part, the blanks filled up, and some alterations made.
3. Approval by the Protector of 4 orders of 17 Aug. [I. 76, p. 246.]
Aug. 22. 42. Instructions by the Protector to the Major-Generals. We and our Council, to preserve the nation from the designs of restless and unwearied enemies, have ordered the enlisting of troops of horse in the several counties, and appoint you our Major-General.
1. To see that the officers and soldiers obey their instructions, and make their musters wherever you appoint them. To suppress tumults and rebellion, drawing together your force, and marching where you think fit in England or Wales. To have frequent meetings with your officers and others well affected, about the quiet of the country.
2. To see that all Papists and those who assisted the late King have their arms secured in some garrison.
3. To make the highways safe from daily robberies and burglaries, by finding out and apprehending thieves and dangerous persons, and prosecuting them at law, giving 10l. to the informer upon conviction.
4. To keep a strict eye on the carriage of the disaffected, and suppress their meetings, allowing no horse races, cock fightings, bear batings, or unlawful assemblies, as rebellion is usually hatched on such occasions
5. To inquire into idlers, that they may be compelled to work or banished, and the poor better provided for, and to execute the laws in such cases.
6. To promote godliness and discourage profanity, acting with justices of peace and ministers against drunkenness, blaspheming, &c., and to certify justices who are remiss, that they may be dismissed.
7. To assist those appointed to levy a tax for maintenance of the said forces, on the estates of delinquents who assisted the late King, or Charles Stuart, his son. With note that this last was omitted, and another added in its stead. [4 pages, imperfect. The instructions, as abstracted in Parliamentary History, Vol. 20, pages 461–7, consisted of 21 articles, of which the above are only 6, the 7th is contained in the following paper]:—
Aug. 24. 43. Note of the preamble of the said instructions, ordering the Major-Generals to give notice to the several persons concerned in the counties, and desire them to meet and attend the service; also
To give an exact account of the proceedings on the Ordinance for ejecting ignorant and scandalous ministers and schoolmasters, and see to its effectual execution. [1 page.]
Aug. 24. 44. Petition of Thos. Basnet, alderman, and John Walden, both of Coventry, to the Protector and Council. Basnet, being nominated by the Act of 24 Nov. 1653 a Commissioner for the Monthly Assessments for the Army in Coventry and co. Warwick, met other commissioners in Knightlow Hundred, where they issued warrants for collecting moneys in the several divisions; but those charged upon Sir Peter Wentworth, though not higher in proportion than others, were not paid by the day appointed, 25 Dec. 1654. The sub-collector, though sent for by Hercey Green, agent to the Army Committee, dared not execute his office for fear of Sir Peter; therefore Walden, high collector for Knightlow Hundred, made several demands, but the bailiff and tenants said they had Sir Peter's written orders not to pay, because the assessment was illegal and contrary to the instrument of the present Government.
As this open denial much obstructed the coming in of moneys, the Commissioners ordered Walden to distrain Sir Peter's goods, which he did (the sheriff refusing a replevin), the sale was made, and the overplus returned.
For thus acting, Sir Peter has sent a writ to Wm. Vale and Rich. Hicks, the present sheriffs of Coventry, on which petitioners are arrested. Beg liberty to follow out their employment. [1 sheet.] Annexing,
44. i. Writ for arrest of Basnet and Walden, for breaking into Sir Peter's house, and carrying away his goods, 4 July 1655. [1 page, copy.]
44. ii. Hercey Green, agent, to the Army Committee. I beg you to present the petition of Basnet and Walden to Council with speed, as they are both in the sheriffs' custody. They should be relieved and encouraged, for in these parts, such as are active are few compared with the whole lists. The spreading rumour of Sir Peter's action much obstructs the coming in of moneys in the neighbourhood. Coventry, 22 Aug. 1655. [¾ page.]
Aug. 24. Order in Council thereon that Sir Peter be sent for in custody, and brought before Council. [I. 76, p. 248.]
Aug. 24. Council. Day's Proceedings.
1. Council proceeded in reading the orders for the Commissioners in their respective counties, which were amended, agreed to, and approved by his Highness.
2. The instructions to the Major-Generals read, one instruction added, offered to his Highness, and approved.
11. The draft of a letter to the Major-Generals of the respective associations read, and agreed to by his Highness and Council.
12. The names of Commissioners in the several counties read, and those marked in the papers agreed to.
13. 45. Order that the Admiralty Commissioners cause 2 merchant ships at Plymouth, and one in the Thames, taken up by them for transporting 13 weeks' victuals to the fleet under Blake, or others that are ready, to be forthwith despatched with the provisions to the fleet at or about Lagos Bay or the Straits' Mouth, with directions to their commanders to observe the orders of Gen. Blake. Also that they despatch the Bristol frigate to protect the said vessels, convoy them to Blake, and then pursue his instructions.
14. The latter part of the Admiralty Commissioners' report concerning Gen. Blake's fleet to be considered on Thursday.
16. Order—on report from the Army Committee, that the payment of arrears to the army for service in Scotland between May 20 1650 and Oct. 20 1651, has depended 3 years, and may continue unless a conclusion be put to it; whereby the charge of continuing the several officers remains,—that Dec. 26 next be fixed to determine the said payments, and after that day, no more arrears be paid to claimants.
17. His Highness and Council declare that, by force of the Ordinance for ejecting scandalous ministers and schoolmasters, the Commissioners for county Lincoln may exercise the same power in executing that Ordinance in the city as they have in the county.
18. The adding of other Commissioners to those appointed by the said Ordinance to be considered next Tuesday fortnight.
19. To advise payment of 4,000l. to Mr. Embree, for repair of his Highness's houses.
20. Order,—considering the present necessity to issue 4,242l. 8s. 8d., charged by Privy Seal on the Exchequer, for a month's pay for the foot quartered in and about London, which cannot suddenly be supplied—that the War Treasurers, out of any army money in hand, pay the said sum, on warrants from the Army Committee, and reimburse it from their receipts from the Exchequer on the said Privy Seal.
21. The Army Committee to certify the Treasury Commissioners what part of the 30,000l. designed for the reduced forces in Scotland, and of the 4,000l. for England and Wales, will remain in surplus, above what their pay shall come to. Approved 24 Aug.
22. The Treasury Commissioners to pay Sir Thos. Vyner and Alderman Riccard 100l. for their services about the 50,000l. paid to the Exchequer (being part of the 84,000l. deposited with them.) [I. 76, pp. 246–250.]
Aug. 24.
Whitehall.
Pres. Lawrence to the Trustees for settling the Estates of excepted Persons, and to the Commissioners, &c., for Public Revenue in Scotland. The Protector and Council, on consideration of the condition of the Countess of Lauderdale, have allowed her for life, out of the residue undisposed of the estate settled on her by marriage contract, 600l. a year, free from all debt and incumbrances from her husband; this is to be instead of a former allowance of 300l. granted by the Act of Pardon. If there be not enough of the estate left to satisfy her, the rest is to be paid out of the public revenue; also the 1½ years arrears of her pension of 400l. [I. 76. p. 248.]
Aug. 24.
Navy Office.
46. Navy Commissioners to the Admiralty Commissioners. After reading Sec. Thurloe's note to Mr. Noel, about sending dispatches from the Navy Office upon public affairs free of charge, we expected a ready compliance therein, but have found it much otherwise, as the post office refused to accept our letters without payment, and, when left, they were thrown after our messenger into the yard. Those addressed to us were detained, and would not be delivered until paid for. We find little expectation of relief from the printed orders, no provision being made for this office. We shall willingly submit to the rules therein prescribed, it being no advantage to us; but we must let you know that such proceedings are prejudicial to the service as well as to the Navy Office, and that this will soon be as manifest to others as it is to ourselves. [1 page.]
Aug. 28. 47. Petition of David Clarkson, minister, to the Protector and Council. The case between me and Edw. May being heard and reported, Council ordered on 17 Aug. that I should be permitted to receive the tithes, &c., of Crayford rectory till further order. But, though this order was duly published, May, with a great number of people, cut up and carried away all the hops, value 80l., being the chiefest part of the rectory profits, animated the parishioners to refuse the tithes, and assaulted my servant, whereby your authority is highly contemned. This I beg you to vindicate against May and his accomplices. [¾ page.] Annexing,
47. i. Depositions by Hen. Fearne and Randolph Pycroft, before Col. John Twistleton, that the said notice was duly served and published, but that May, with Geo. Binny, hop-dresser, Dan. Esterson, bricklayer, and others, 80 in number, cut down the hops; also that Pycroft was assaulted and beaten whilst tithing. 25 Aug. 1655. [2 pages.]
Aug. 28. Order thereon in Council that May, Binny, and Esterson be sent for in custody. [I. 76, p. 251.]
Aug. ? 48. Petition of Edw. May, minister at Crayford, to the Committee of Council on the case. On complaint of David Clarkson, I was ordered to attend to answer this charge [see 24 July 1655] and have attended ever since. Last Wednesday I was called before you, and matters were objected against me on a certificate from Col. Blunt, to which I answered as well as I could, being unprepared for defence. You then appointed me to attend the next Tuesday, but I cannot answer without a copy of the information. I beg this copy, time for my defence, and leave to be heard by my counsel, and to present my answer in writing; also consideration of my former petition, and of one from the inhabitants of Crayford. [1 page.]
Aug. 28. 49. Petition of John Adams, "a poor distressed preacher of the Gospel," to the Protector and Council. I have laboured 20 years in Kent, and been 9 years blind, on which the Committee of Canterbury settled on me 13l. 6s. 8d. a year, out of 100l. given to poor decayed ministers and other pious uses, from the foundation of Christ Church, with a house and wood, worth 20 nobles a year. This grant was confirmed by the Committee for Plundered Ministers, and by the trustees for Dean and Chapter lands, till Michaelmas 1650, when the house was sold away, and I have received little of my stipend. I have had orders for relief from the Committee for Petitions and the late Council of State, but little benefit therefrom, and I am in extreme want. The Treasurers sometimes have no money, and now they say I must have new orders. I beg arrears, and future payment. [1 page.] Annexing,
49. i. Orders of the Kent Commissioners 15 April 1645, 11 Jan. 1646–7, and 2 May 1649, and of the Committee for Plundered Ministers, 28 Aug. 1646 and 5 May 1649, concerning the grants recited. [¾ page, copies.]
49. ii. Orders to like effect by the Gurney House Trustees, May 14. July 20, and Oct. 20 and 24, 1650. [2 pages, copies.]
49. iii. Orders by the Committee for Petitions, recommending his case to the said Trustees 4 Nov. 1652, and by the Council of State, 29 July 1653; with note that he has only received 3l. thereon. [1 page.]
49. iv. Abstracts of the above orders. [1 page.]
Aug. 28. Order thereon that the Dean and Chapter trustees pay him his pension with arrears, if they find just ground; and if not, that they state the case to Council. [I. 76 p. 251.]
Aug. 28. Council. Day's Proceedings.
3. The letter from the Lord Deputy of Ireland of August 1, on behalf of Col. Phaire, Major Wallis, and Capt. Deane, and their petition enclosed, referred to the Committee of Council for Ireland, to report.
4. To reply to a letter to Thurloe from Mr. Herbert, Clerk of the Council in Ireland, praying Council's pleasure concerning Lieut.-Gen. Ludlow's return to England, that observance of Council's former order is expected, till further order be given.
6, 7. Order—on hearing Sir Peter Wentworth, K.B., who was in custody, and attending at the door—that Thos. Basnet and John Walden, who are under arrest at his suit, be liberated, and that he withdraw his action against them, for which they are under arrest by the Sheriffs of Coventry, and order their liberation.
8. The Serjeant-at-arms to discharge Sir Peter Wentworth. [I. 76, pp. 250–2.]
Aug. 28.
Whitehall.
Order by the Protector in Council, appointing Col. John Barkstead, Lieutenant of the Tower, Ald. John Dethick, and Geo. Foxcroft, Commissioners to put in execution the laws and ordinances against printing unlicensed and scandalous books and pamphlets, and for further regulation of printing, for lack whereof evil-minded persons are continually writing and publishing dangerous, seditious, and blasphemous books and papers. They are to observe the following instructions:—
(1.) To search and enquire after all master printers in London, Westminster, and Southwark, their number of presses and workmen, their character and quality, and how affected to the present Government, and report thereon within 28 days.
(2.) To enquire what persons unlicensed use printing presses in any part of the Commonwealth, and seize, and deface their type and materials, and have them prosecuted for their fines, and punished.
(3.) To enquire whether the printers in London, &c., have entered into the required bonds with 2 sureties, according to the Act for regulating Printing; and if so, whether they have broken the conditions of their bonds, that they may be prosecuted accordingly.
(4.) To take care that no persons print, reprint, or publish pamphlets, books of news, or other papers, unless authorized by us or our Council, or licensed by those appointed thereto. All offenders to be proceeded against according to law.
(5.) We specially require you to execute the Ordinance of Sept. 1647, against unlicensed and scandalous books, &c., and for regulation of printing; also an Ordinance of 14 June 1643, and an Act of the Common Council of London of 9 Oct. 1643, forbidding the crying and hawking in the streets of pamphlets, books, or papers.
You are to arrest all offenders and their abettors, send them to Bridewell, and inflict corporal and pecuniary punishments, and not to discharge them without satisfaction; the Governor of Bridewell to see to this.
You are also to search for and carry to Stationers' Hall all printing presses and other materials employed in unlicensed printing, to be defaced; also to search for and send to Council any such books, pamphlets, or papers of news. In case of opposition, you are to break open locks and doors, summon offenders before the Lord Mayor or justices of peace, and all officers, civil and military, are to assist you. You may employ discreet persons to carry out these orders, and reward prosecutors, and allowance shall be made you. With note that a copy in parchment was signed by his Highness, and sent to Col. Berkstead. Approved 9 Oct. [I. 76 A, pp. 134–6; I. 76, p. 328.]
Aug. 29. 50. Petition of Sir Corn. Vermuyden to the Protector. By the dissolution of Glastonbury Abbey, Henry VIII. became seized of Sedgmoor waste, co. Somerset, 12,000 acres. King James, anno 17, on the petition of the lords and tenants claiming right thereon, and on their acknowledgment of his right, consented to an improvement, reserved 4,000 acres, and left the residue to those who claimed right of common, but died before the agreement was perfected. King Charles consented to do the like, and, anno 7, conveyed the waste to petitioner for 12,000l. and a fee-farm rent of 100l.; a commission was issued to set forth the lands, but the late distractions hindered its being finished.
The waste is boggy and unwholesome, but would be improved by draining. Begs a new commission to set out indifferently for petitioner the 4,000 acres, that he may go on with so good a work. With reference thereon to counsel-at-law 3 Feb. 1653–4, and Att.-Gen. Prideaux's report, 26 May 1654, that the tenants acknowledged the right of the late kings to the 4,000 acres, and wished the moor to be enclosed and drained, and warrants and commissions were issued by King Charles for setting it out to the petitioner, but prevented by the troubles. Also that the dividing the moor, making allotments to those who have right of common, would be a public benefit. [1¾ pages.]
Aug. 29. 51. Copy of the said petition and report. [1 sheet.] Annexing,
51. i. Petition of several Lords of the Manors bordering on Sedgmoor, co. Somerset, to King [James]. As you have made known to us your purpose of having the moor drained, that some good part of it might be converted to your use, and the rest improved for those who have the right of common, allotting each of us a proportion, we thank you therefor, and beseech you to accept 4,000 acres, and grant us the residue in fee simple, to be used in common as before, debarring all intruders, whereby we believe our allotment will be more profitable than our common over the whole moor has been. Signed by William, Earl of Pembroke, William, Earl of Northampton, and 15 others. [¾ page, copy.]
51. ii. Privy Seal declaring that the King accepts the said offer, and requires the Exchequer officers to issue commissions, orders, &c., accordingly, and the Attorney-General to prepare the requisite deeds and bills for the grant to the tenants of their parts. Endorsed with notes of a patent 25 Jan., 7 Charles, and a conveyance 15 June, 11 Charles, from the patentees to Pyke and others. [Copy, 1½ pages.]
51. iii. Note of measurement of Sedgmoor, 14,000 acres, and of the proportions in which 10,370 should be distributed amongst the adjoining manors. [1 page.]
Aug. 29. 52. Petition of Sir Cornelius Vermuyden to the Protector, for renewal of the commission to set out lands purchased of the late King, the Attorney-General having reported in favour thereof [see 3 Feb. 1654]. Will be ruined if deprived of his right, long since purchased at a dear rate. With reference thereon to Council. 9 Aug. 1655. [¾ page.]
Aug. 29. 53. Reference by Council to Jones, Wolsley, Lambert, Pickering, Lisle, and Rous, to consider the petition and papers annexed, and report. [2/3 page; also I. 76, p. 253.] Annexing,
53. i. Report thereon, 30 Aug., recapitulating the former report of the Attorney-General in favour of the petition, and desiring that he and the Solicitor-General, with Whitelock and Widdrington, may certify whether the petition of the Lords of the Manors, and the acceptance thereof by the Privy Seals of the late kings, be an agreement that will stand good, and a sufficient cause for the renewing of the commission. [2 pages.]
Aug. 29. Council. Day's Proceedings.
3. On the seal for the Council of Scotland, the arms of Scotland to be engraved, with his Highness' arms on an escutcheon of pretence.
4. Hen. Maundy to make a mace for the Scotch Council of 100l. value.
5. To advise a warrant to continue to Sam. Hartlib from the Exchequer the 100l. a year ordered him from delinquents' estates, and paid by the Haberdashers' Hall Commissioners till Dec. 1654, when the revenues were ordered to be brought into one treasury.
6. Eldred to be continued as Commissary for provisions in Scotland till further order, at 10s. a day, which is to be entered on the establishment. Approved 21 Sept.
7. The 3 storekeepers at Inverness, Stirling, and St. Johnston, to be continued at 3s. a day, and also entered. Approved 21 Sept.
8. Lieut.-Cols. Mills and Lago, and Major Miller added to the Committee appointed 31 July and 7 Aug. to take care of the arms and ammunition in the reduced garrisons of the nation.
9. 54. Order—on report from the Admiralty Commissioners on petition of the owners of the Marmaduke—that there be paid to the well-affected owners their proportions of 1,200l. allowed for the ship, and of 878l. 10s. 2d. due for freight in the service in 1644, total 2,078l. 10s. 2d., they making over to the State all their interest in the ship. Approved 21 Sept. Annexing,
54. i. Report on which the said order is founded, 23 June 1655. [1 page.]
10. Lambert's report on the case of Capt. John Blackwell read, and the question whether the report should be put to the question negatived.
11. The Clerks of Council to remind Council of the report on Capt. Blackwell's petition, on the Lord Deputy of Ireland's coming over.
13. A report from the Admiralty Commissioners concerning a declaration for the next summer's guard read, and to be considered when his Highness is present.
14. A like report on the petitition of Peter Butler, mariner, concerning his losses by the Spaniards, read and negatived.
15. Order on a report from the Admiralty Commissioners, that Chris. Turner, prisoner at Plymouth, commander of a small frigate of Brest, lately brought in, be released in exchange for Capt. Jeremy Country, of the Portsmouth shallop, surprized last June by a manof-war, and carried to Brest, where he remains prisoner. Annexing,
55. i. Report alluded to, recommending the exchange, as Turner was born in Ireland of English parents, is a merchant and no seaman, was lately married in France, is 50 years old, and not of much use to his party. 28 Aug. 1655. [1 page.]
16. Order that—as on 20 March 1653–4, a Committee was appointed for Approbation of Public Preachers, who constantly attend at great expense without provision therefor, and without any salary; also as by the Ordinances for continuing the poor knights of Windsor, 1,086l. 13s. 4d. was reserved for them, and the remainder of the revenues, for which the late Dean and Chapter of Windsor were in trust, was to go to charitable purposes—the governor of the New Windsor Almshouses pay the said Commissioners 200l. a year for diet, attendance, &c., of which they are to give a true account to the steward of his Highness' household. Approved 21 Sept.
17. The Admiralty Commissioners to consider Edw. Hayward's desire for leave to dispose of some of the books he has published, on the sizes and lengths of riggings, &c., notwithstanding Council's order of Feb. 8, and to give him license if they find it convenient.
19. Order on report from the Committee on Geo. Wither's petition stating the case thus:—That 300l. which he had paid as interest of 700l. due to him from the State, with the interest of the said 700l. from March 22, 1647–8 was, by order of Parliament on April 26, 1649, charged on Haberdashers' Hall, or out of such delinquents' estates as he should discover to that Committee, or as had been compounded for at under value; that on July 23, 1651, the Advance of money Committee ordered that his discoveries made before August 8, 1650, should be admitted as discovered upon the said order, and the proceeds paid him; that June 30, 1652, Martin Dallison certified that on March 22, 1647–8, petitioner entered information of delinquency against John Monger, of Surrey, who paid into Goldsmiths' Hall during August and Sept. 1650, in full of his fine, 313l. 3s. 4d., and an additional 118l., amounting to 431l. 3s. 4d.; but that no part of 300l. or of the interest of the 700l. has been paid to the petitioner— to advise his Highness to order payment to Geo. Wither of 361l. 6s. 8d. in full discharge of all that is due to him, being the said 300l., and interest on the 700l. from 25 March 1647 to 6 April 1649.
20. Order—on report on the petition of Capt. Wm. Burrill, Governor of Mersey Island [see 19 July 1655], that the Army Committee give a warrant to the Treasurers-at-war to pay 93l. 12s. 8d. due to Burrill for 26 days' pay for captain, officers, and 57 soldiers. Approved 21 Sept. [I. 76, pp. 252–7.] Annexing,
56. i. Report alluded to, signed by Commissary-Gen. Edw. Whalley, Fras. White, and Col. W. Goffe. [1 page.]
Aug. 29.
Whitehall.
Pres. Lawrence to the President and Council of Scotland. His Highness and Council, wishing to settle the business of Excise and customs in Scotland, and thinking that much will depend in future on its right ordering at first, which will require the assistance of an experienced person, have sent Thos. Tucker, with whose experience and fidelity they are well satisfied, to settle the business, and have appointed him, during his abode there, one of the Commissioners for receipt of Excise and Customs, with the same salary as the other Commissioners. They recommend him to you for employment, and such encouragement as he shall deserve. [I. 76, pp. 254–5.]
Aug. 30. 57. Petition of Husthwait Eresby, surgeon, to Council, for release. Was employed at sea during the war with Holland, and then travelled to improve his knowledge in his art, but going to his uncle at Caen, was taken by Bowden Garrison, of a Brest man-ofwar with the Duke of York's commission, and transferred to [Capt. Thos.] Lawes, an Englishman, on a Brest man-of-war [with a like commission], to be put on shore in France, but they were taken by one of our men-of-war, brought to Poole, and he with the rest sent to the county gaol [in Salisbury], where he remains. [2/3 page.] Annexing,
57. i. Certificate by Geo. Skutt, who took Lawes' vessel, to the truth of the above petition. 20 Aug. 1655. [2/3 page.]
Aug. 30. Order thereon for Eresby's immediate release. [I. 76, p. 258.]
Aug. 30. 58. Petition of the well-affected inhabitants of Jersey to the Protector. Our island has long been indulged with special privileges, on account of its situation and "obnoxiousness to a potent neighbour," and before the latter wars, we never forfeited them by any disaffection. In the beginning of the wars, though we had a Malignant governor, most of us adhered to Parliament till deserted by its forces, and then we lived under the yoke of the adverse party longer than any other place; we were forced to pay contributions, keep watches, and take engagements, yet many of us gave intelligence whereby Guernsey was preserved; and when forces landed to reduce the island, most of us joined them, the enemy having only Irish, Swiss, and a few islanders, who retired into the castles, and went beyond seas. After our reduction, the State continued forces amongst us, to which, though burdensome, we cheerfully submitted.
But a great calamity has befallen us, in that on 14 March 1654–5, you granted a patent, which was not published till 9 July, for the generality of us to compound before 29 Sept., whereby the island is in danger to incur confiscation. We are confident it was signed on misinformation, at least as concerns those that have no benefit of articles, as most of them can prove that they were well affected.
If the patent be executed, it will stick as a lasting infamy to us, and being so poor, we shall be utterly ruined.
We beg suspension of the patent till the case is re-examined, till you hear the informants and ourselves, and till we produce our evidences, and thousands of innocent men, women, and children will bless you. 7 signatures. With reference to Council, 21 Aug. 1655. [1 sheet.] Annexing,
58. i. Patent alluded to, appointing Col. Rob. Gibbon, Mich. Lemprière, bailiff, and 3 others, to be Commissioners for compounding with delinquents in Jersey; those who are therein included, on the articles made on surrender of Mont Orgueil or Elizabeth Castle, and the rest at 2 years' value, and 1/10 of personalty, except those not worth 7l. a year land, or 100l. personalty, who are to go free; all others not compounding before 29 Sept. to be sequestered. 14 March 1654–5. [3 pages.]
Aug. 30. Reference thereon by Council to Wolsley, Sydenham, Montague, Lambert, Pickering, Strickland, and Jones, to report. [I. 76, p. 258.]
Aug. 30. 59. Petition of Arundel, widow of John Penruddock, for her 7 children, to the Protector, that he would remit the forfeiture of the estate of her husband, whom she lost by justice, shutting his eyes to the offence, and opening his ear to the complaint of the widow and fatherless. [¾ page.]
Aug. 30. Note of the reading of the petition in Council. [I. 76, p. 258.]
Aug. 30. 60. Petition of Amory, widow of Lieut-Col. John Clarke, to the Protector. At the beginning of the late wars, my husband raised a foot company at his own charge, and remained captain till the first expedition to Hispansiola, for which 1,200l. arrears are due to him. He went to Hispaniola as Lieut.-Colonel to Major-Gen. Haynes, was wounded, and died, leaving me with 7 children and no subsistence. I beg relief. With reference signed by the Protector, specially recommending the case to Council. 14 Aug. 1655. [1 page.]
Aug. 30. Order thereon in Council for payment from Lord Saville's fine of 200l. to her, and 300l. to be secured for the use of her children. [I. 76, p. 358.]
Aug. 30. 61. Petition of Rich. Clarke, surveyor and keeper of the stores, and several poor workmen in the Armoury Office, Tower, to the Protector. We have served all these troublesome times, amidst many discouragements, one being that our salaries and disbursements have been withheld 6 years, so that some of us have been imprisoned, our goods seized for arrears of rent, and our children turned out of doors, and forced to receive alms. We have often addressed the powers that then were in vain; some of us have perished for want, and the remainder live only in hopes of these arrears. We beg payment of some part thereof. [1 page.]
Aug. 30. Reference thereon in Council to the Treasury Commissioners, to report. [I. 76, p. 259.]
Aug. 30. Note of petition, referred 31 March 1654 to the Committee for Petitions, of John Fisher, warder in the Tower, for his disbursements for Col. Dan. Bolton, prisoner. [I. 92, No. 24.]
Aug. 30. Order on a certificate from the Lieutenant of the Tower [see 19 June, supra]—that John Fisher, yeoman warder, provided for Col. Dan. Bolton, and that his charge therefor of 28l. 10s. 0d., at 15s. a week, is reasonable,—to advise payment. [I. 67, p. 259.] Annexing,
62. i. Certificate of Col. Barkstead alluded to, Tower, 14 Aug. 1655. [1 page.]
Aug. 30. 63. Petition of Saml. Wilson and John Turner, merchants of London, to the Protector and Council, for an order to the Commissioners of Customs for transportation of a coach and furniture, to be consigned to Wm. Throckmorton, for the use of a native of the Canaries, whence they have, by constant trade therewith, brought much revenue to the customs and excise. [1 page.]
Aug. 30. Order thereon in Council granting them the license requested. [I. 76, p. 259.]
Aug. 30. 64. Petition of Jas. Collelas, master of the Florizant of Dieppe, to the Protector. You wished to relieve me concerning the St. Anne of Dieppe, which was seized last December on her return from Cape Verd and Senegal, by the Dragon frigate, brought into Portsmouth, and condemned as prize; you recommended me to the Admiralty Commissioners, but I got no relief. I have now fitted the Florizant to trade from Dieppe to Cape de Verd, Senegal, and other French plantations in Africa, having no other calling for a subsistence, and fearing capture by your men-of-war, to my irreparable ruin. I beg a pass. With reference thereon to Council 28 Aug. [1 page.]
Aug. 30. Order in Council for the pass as requested. [I. 76, p. 259.]
Aug. 30. 65. Petition of Step. Bourdet, master of the Hope of Rochelle, to Council, for a pass for his ship for a fishing voyage in Newfoundland, returning to Rochelle, thence to Newhaven in Normandy, to unlade, and back to Rochelle. He may be ruined if met by men-of-war of this State, on account of the unhappy difference between the nations. [1 page.]
Aug. 30. Order for a pass accordingly. [I. 76, p. 259.]
Aug. 30. 66. Petition of [John] Viscount Grandison to the Protector, for a weekly allowance, to preserve him from heavy necessity. Has been 4 years prisoner in the Tower, and had no subsistence but from his mother, who, by her own sufferings, is disabled from granting it longer. [1 page.]
Aug. 30. Order thereon in Council to advise that the Earl of Kellie and Viscount Grandison have leave to go beyond seas, on engagement not to act against the peace; that 50l. each be given them to discharge their debts since their restraint in the Isle of Wight, and that the Governor of the island take their engagement. Approved 21 Sept. [I. 76, p. 259.]
Aug. 30. 67. Petition of Thos. Smart, merchant of Dantzic, to Council. My sad case, for money owing for provisions delivered for the army in Ireland, was recommended to you by the Protector last January. You referred the case to the Treasury Commissioners, who have long since reported my debt as unpaid. The goods were acceptable in the army's great extremity, yet I am waiting a year far from home, for my money; I beg that I may have the whole or part, to preserve me from arrest for debt, and to bear my charges home. [1 page.]
Aug. 30. Order, on report of the Treasury Commissioners on his petition, —that the corn, &c., was delivered at Londonderry in 1643 for the relief of the poor Protestants by Capt. Rob. Lawson, and belonged to the petitioner, who is a stranger and in distress,—for payment of 600l. forthwith on account, and he can apply to the next Parliament if he shall see cause. [I. 76, p. 260.]
Aug. 30. 68. Petition of John Parker to Council. I petitioned his Highness in May 1654, and my petition was referred to you. I have attended daily for 15 months, and am nearly ruined. I beg consideration of my case. [½ page; also I. 92, No. 93.] Annexing,
68. i. Petition of John Parker to the Protector. In Feb. 1652–3, I purchased of the Trustees and contractors the White House and gardens in Greenwich Park for 5,778l. 10s. 1d., but the inhabitants of the neighbouring parishes petitioned the Committee for Obstructions, claiming 60 acres, now part of the park, which, at the building of the wall, was taken out of their common of Blackheath; also several footpaths through the wall, and liberty to walk in the park. Before the case, being left to common law, was settled, the time for payment of my first moiety elapsed, but by selling Greenwich Castle for 350l., and some trees for 250l., I paid in 1,700l., and disbursed in expenses and repairs 250l.
My purchase having now been re-assumed, and all proceedings on the Act for sale of excepted Castles and Parks suspended, I beg repayment of my money with interest, on giving in my accounts. With reference thereon to Council, 22 May 1654. [1 sheet.]
Aug. 30. Reference thereon to the Trustees for sale of Crown lands, to certify what forfeiture there was, what purchase money was paid in, and what the petitioner received by sale of materials, &c. [I. 76, p. 260.]
Aug. 30. 69. Petition of Thos. Duckett, gent., to the Protector and Council. On his Highness's reference of my petitions and proposals to counsel, with directions that I should have encouragement and dispatch, the Attorney-General reported on my proposals for improvement of land, and converting raw hides into leather with new liquor and ingredients, with or without oak bark, making the leather more substantial, and better in form and colour and wearing. His Highness has referred it to you to consider the value of my inventions, which have been privately demonstrated to him at Whitehall.
I can show many skins perfected in this way, with a certificate of 100 master tanners and other traders in and near Middlesex, who highly approve the invention, the ingredients for which are wanting in hotter climes.
I beg leave to show you in the Council chamber my proposals, &c., and my experiments for leather, that you may report thereon to the Protector, and that 2 patents for 14 years may be granted me, one for improvement of land, and the other of leather, the private interest of those concerned in oak bark, &c., notwithstanding, on account of the general benefit of my discoveries. [2/3 sheet.]
Aug. 30. Reference thereon in Council to Jones, Lambert, Sydenham, Wolsley, and Pickering, to report. [I. 76, p. 262.]
Aug. 30. Council. Day's Proceedings.
3. To advise his Highness to send for and speak with Jeff. Palmer, and allow him his liberty on such engagement as his Highness shall think fit.
7. The salary of Col. Scrope, as one of the Council of Scotland, to begin from 1 May last, he having attended in town on that service.
10. The petition of Wm. Kendall, Robert and Wm. Drinkwater, James Wainwright, and Rich. Chandler, citizens of London, referred to Sydenham, Montague, and Strickland, to report.
17. Order,—on report from the Committee to whom the several petitions of the town of Colchester are referred, and on the advice given the Committee by the Treasury Commissioners;—that a letter be written to the town. Annexing,
70. i. Report of the Treasury Commissioners to the Committee of Council on the Colchester petitions; that after consulting the charter, they think it still in force, though not in the custody of the town, and that his Highness cannot therefore legally constitute the magistracy, but he might write to the town to elect their officers, and submit them to him within 4 days. 30 Aug. 1655. [2/3 pages.]
18. Order on a letter from Col. Hugh Bethel, on Council's Order of May 25 last,—that on view of the works and repairs lately made by Maj. Rich. Elton in Hull, and on receipt of the bill of expense, and workmen's wages, he finds the repairs to have been necessary and the expense just;—to advise payment of 87l. 18s. 11d. to Elton from the Army contingent money.
20. To advise a warrant to the Treasurers-at-war to issue, for pay of the army and incident charges, the balance of the 4,000l. ordered for the reduced forces, part of that money for those forces having been paid from other moneys appointed for the army.
21. The letter from Col. Guibon, Governor of Jersey, of Aug. 9, concerning pay of the reduced forces there, referred to CommissaryGen. Whalley and the Committee of officers for reducements, to report.
22. The rules prepared for regulation of printing, presented by Thurloe, referred to Jones, Lambert, Sydenham, Wolsley, and Pickering, to report; Thurloe to assist therein.
24. The desires of Commissary-Gen. Whalley and Col. Goffe, to pass their accounts for 1200l., received from Council's contingencies for disbanding horse recruits, there being a balance of 4l. 1s. in Goffe's hands, referred to the Treasury Commissioners, to audit the accounts and certify, that they may be discharged.
25. The petition of Rob. Little, John Fry, John Ansteed, and Geo. Andrews, for themselves and 100 poor labourers of Scotland Yard, and elsewhere, referred to Sydenham, Wolsley, and Jones, to report. [I. 76, pp. 258–262.]
Aug. 30.
Gray's Inn.
71. Jer. Bankes to Williamson. Sir Knockerdown Cuntroler writes me of minds changing like the wind. I hope your entertainment on the founder's day was very noble. I wish we had you in London this Bartholomew's tide. I meet Queen's College men daily, but few of my cronies. Jack Sheppard, your officer, is to be married soon. Send me college news. [1 page.]
Aug. 31. Pres. Lawrence to [Gen. Monk]. Council, noting the condition of affairs, have thought it needful that as many more of the forces of Scotland (beside those reduced the last establishment), should be reduced as will take off the charge of 3,500l. a month, and wish you to consider how it can be done with most safety, and to give them a speedy account thereof. [I. 76, p. 262.]
Aug. 31.
Whitehall.
The Protector to the Mayor and commonalty of Colchester. Several petitions from your town touching its government are now depending before Council, which cannot be suddenly determined; but as Monday next is the time appointed by your charter for electing your magistrates, we wish you to proceed to the election as usual, having respect to the peace and good government of the town, and within 4 days after the election, you are to present the names of the persons elected to be approved by us before they are sworn, which, by the tenor of your charter, was not to be done till Michaelmas. [I. 76, p. 262.]
Aug. 31. 72. Remonstrance of Rich. Nonnelly to the Army Committee. While your servant, it was part of my work to receive warrants and debentures from your registrars, take them to the residences of the members of the committee, receive their subscriptions, and then deliver them back to the registrars. Not being able to read or write, I neither knew the names nor sums mentioned in the said warrants and debentures, nor had I the delivering of them to any but the registrars and their clerks, who afterwards delivered them to such as demanded or pretended a title to them, and if they were delivered otherwise, it was no act of mine.
It appears by the registrars' books that the registrars registered and gave forth two debentures in the name of Capt. Puckle, for one and the same sum, without making any memorandum on the second debenture that a former one had been delivered, and the second passed upon purchase before the former, which I bought for Lord Howard, a year before the second was issued.
By the directions and intreaty of his lordship, I bought many debentures, and amongst others that of Capt. Puckle, and of Jno. Puckle, at 4s. 3d. the pound, and they went to Mr. Bourne, a scrivener, whose man, Thos. Applegarth, made an assignment of the debenture to Moses Perkins, a person entrusted by Lord Howard, who subscribed his name as witness; the money was paid to Puckle by one Dawson, on behalf of Lord Howard, at the Bell Tavern in King Street, Westminster, and the debenture with the assignment endorsed was delivered by me to his lordship.
If Puckle or any other, under pretence of title to such debenture, contracted with me for the same, the State was not wronged, but I am damnified many hundred pounds, being forced to pay Lord Howard his money back again, besides having to spend much money in suits at law, and losing my place and credit, for no just cause or wrong done on my part, and therefore I know no cause for unjustly charging me with fraud. If I were deceived by contracting with Puckle, who pretended a right to the debenture through Capt. Puckle, the registrars were to blame for delivering the debenture to such pretenders, and not to the right owner, and for issuing a second and not calling in the first, nor making any memorandum on the second. This was the only cause of all the fraud, if any, and the reason why I was damnified; as the State was not defrauded by me nor damnified one penny, there is no reason why I should suffer for the said registrars' negligence. Mr. Snow confessed in Court that the debenture was good, but afterwards said it was not good, because another had passed before it on purchase. [1¼ pages.]
Aug. ? 73. Petition of Charles, son and heir, and executor of Sir John Heydon, to the Protector. In 1632, the owners of Roche and Selwood Forests, cos. Somerset and Wilts, petitioned for their disafforesting, offering the King ⅓, the commoners ⅓, and reserving ⅓ to themselves. A commission was issued accordingly, and the King's deer withdrawn. On 10 June 1634, the King sold his ⅓ to Sir John Heydon for 20,000l., of which 19,713l. 10s. 0½d. was paid, and he was at the expense of 4,322l. 12s. 7d. in passing grants and patents, employing surveyors, &c. Thereupon several gentlemen bought parcels of the forest near their estates, but they reserve part of the purchase money till they can have perfect assurance of the premises. My father died 2 years ago, with 5,000l. or 6,000l. due to him by the late King, as lieutenant of ordnance.
I beg a patent confirming the grant of ⅓ of the said forests, that I may pay my father's debts, and maintain his younger children and my mother. [1 sheet.] Annexing,
73. i. Letter of Privy Seal from Charles I. to the Exchequer officers, certifying the purchase by Sir J. Heydon, the payment of 16,349l. 16s. 0½d. of the 20,000l. purchase money, and ordering a full discharge on payment of the balance; also requiring assurances to be made of any part of the lands which he may sell to pay in the said balance, and granting him the profits of wood and wood sales on the land. Westminster, 10 July 1634. [2⅓ pages. Copy.]
73. ii. Constats of payment into the Exchequer, 1635 to 1640, of 3,364l. of the said balance. Signed by Sir Wm. Roberts, auditor. 23 Aug. 1655. [3 pages.]
August. Lease from Arthur Ruddle to John Brampton, both of London, of a shop, 11 feet broad, in Fleet Street, on the south side, and west of the gate entering into Hanging Sword Court, for 3¾ years, at 20l. a year. [Parchment signed. Interregnum, Box 2, No. 9.]
Aug. ? 74. E. F. to Williamson. You seem in yours to doubt whether you will fight under the banner of Minerva or Mars, but be Ulysses rather than Hector or Achilles. Classical examples of the power of eloquence, ending,—
Contendisse semel cum Pallade fertur Arachnen—
Ovidio fides si qua adhibenda foret—
Quam pro stultitiâ Pallas vertebat Arachnen
In tipulam; nullus Pallade sit melior,
Ac Deus haud ullus; nam quis fuit ille Deorum
Arti qui præstat Palladis ægisonæ.
[Latin, 1⅓ pages.]