Volume 101: October 1655

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

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'Volume 101: October 1655', in Calendar of State Papers Domestic: Interregnum, 1655, (London, 1881) pp. 361-411. British History Online https://www.british-history.ac.uk/cal-state-papers/domestic/interregnum/1655/pp361-411 [accessed 12 April 2024]


October 1655

Oct. 2. Note of the reading in Council, and approval by the Protector, of articles of agreement between Gen. Monk and John, Lord Reay. 18 May 1655.
(1.) Lord Reay and all his horsemen to come in 28 days to a place near Inverness to be appointed by Col. Fitch, and deliver up their arms to him.
(2.) He to give security in 2,000l. for his peaceable deportment, and Hugh Mackay of Dilred, Hugh Mackay of Scowry, Robert, Donald, and William Mackay, to be bound in the said bond, and have protection from arrests while they come in to enter the bond. George, Master of Reay, son to Lord Reay, shall, when the Commanderin-chief desires it, be sent to reside at such of the Scotch Universities as Lord Reay shall choose, for performance of these articles. The officers, &c., in the capitulation to give sccurity for their good conduct in the usual sums, from 300l. to 50l., and the private soldiers their engagements.
(3.) The officers to march away with horses and swords, and the soldiers with horses, which they are to sell in 3 weeks, and to have passes home. Lord Reay and his friends and followers to have leave to carry arms for defence against thieves and broken men, in their own bounds.
(4.) Lord Reay and his party to enjoy their estates, unless they have killed men in cold blood, any act since 1648 during the late wars notwithstanding, they submitting to public burdens. Those who have lands in Ireland disposed of are not to claim them, but to enjoy them if undisposed of.
(5.) All Reay's past assess remitted till 1 Sept. last, and whenever Col. Fitch or the officers commanding in Caithness send for him about public affairs, he is to pass and repass without molestation by messengers-at-arms.
(6.) All who conceal or embezzle their arms to lose the benefit of these articles.
(7.) If there be any house of strength within Lord Reay's bounds that the commander-in-chief in Scotland requires to be garrisoned, Reay is to give it up.
(8.) These articles to be ratified by the Protector and Council within 3 months, and returned. [I. 76a, pp. 149-150. I. 76, p. 317.]
Oct. 2. Like note of approval of an agreement with William, Earl of Selkirk. 19 May 1655.
(1.) The Earl and his party to repair to Dalkeith and lay down their arms to Gen. Monk.
(2.) The Earl to give security in 4,000l. for his peaceable demeanour, and his servants to give like engagements.
(3.) All discharged from forfeitures or punishment from matters done in the wars, murder in cold blood excepted, they bearing the common burdens, and to be freed from all fines named in the Act of Grace.
(4.) The Earl to have liberty within 2 months to go abroad and return, and a recruit allowed him of 1,000 men every 2 years for his regiment in France, provided the Protector assent.
(5.) Major Wm. Moorhead of his party to have the like benefits, giving a bond of 500l. within 6 weeks to Capt. Hilliard for his good conduct.
(6.) These articles to be ratified by the Protector and Council within 3 months. [I. 76a, p. 150; I. 76, p. 317.]
Oct. 2. 1. Petition of Col. John Bingham, Governor of Guernsey, to the Protector and Council. The inhabitants have always been allowed appeal from their own courts to the Kings, Queens, and Councils; but some have long attended at great charge, on appeals in Mr. Jessop's hands. Begs a hearing for them, that they may be enabled to return home. With reference thereon to Council 20 Sept. 1655. [1 page.]
Oct. 2. Order thereon in Council that Whitelock and Widdrington, 2 of the Treasury Commissioners, the Lord Chief Baron of the Exchequer, the Recorder of London, and John Sadler and Nath. Bacon, Masters of Requests, receive all appeals of the inhabitants of Guernsey, hear the parties, enquire into the truth of the cases, and report to Council, with their opinions. [I. 76, p. 317.]
Oct. 2. 2. Petition of Thos. Browne, late English agent at Tunis, to the Protector. On the late breach with the Governor of Tunis, I was obliged, for my safeguard, to retire to the fleet under Gen. Blake, and leave all I had, both of my own and others', to the Turks' depredation, whereby I and the friends who trusted me will lose much unless the differences be composed. I beg you to empower Sir Thos. Bendish, ambassador at Constantinople, to conclude these differences, and re-establish me as consul; and meanwhile to grant me money for present subsistence, and for a voyage to Constantinople for better effecting the premises. I am emboldened to ask this because you so lately confirmed me in my employment. With reference thereon to Council, the petitioner having deserved well in the Tunis business, and being worthy of further trust. 26 Sept. 1655. [1 page.]
Oct. 2. Order thereon in Council to write to the said ambassador to do what he can, in re-settling that affair, to repair Browne's losses, and obtain restitution of the estate he left behind, and to re-establish him in his place. [I. 76, p. 318.]
Oct. 2. Council. Day's Proceedings.
1. Mr. Strickland to give direction for the entertainment of the Venetian Ambassador Extraordinary, and to take order with Fleming that Lady Williams' house be prepared for him.
2–4. Bond to be steward for ordering his diet, which is to be 50 dishes for the first and second course, and 30 dishes of fruit and sweetmeats for each meal; as also a convenient allowance for the table of his followers for 7 meals. Bond to give account of the 300l. ordered him therefor from the Council's contingencies, to the Auditors of the Imprest.
5, 6. Bond to provide plate for the entertainment, and a convenient number of Council messengers to wait on him at table.
7. Pickering and Strickland to receive him and conduct him to his lodgings at Lady Williams' house.
8–10. The Lord President and Lisle to dine with him on Thursday; Fiennes and Lambert on Friday; and Sydenham and Jones on Saturday.
11. Order—on report from the Committee on the case of Dav. Clarkson and Edw. May [see 17 Aug. 1655], and on certificate of Col. Blunt that May was in actual rebellion in Kent, and on the defeating of that rebellion, was banished as a dangerous person 10 miles from Crayford—that Clarkson officiate in the rectory, and enjoy the profits without disturbance from May, and that May conform thereto at his peril. Approved 5 Oct.
12. Order that May, who is committed to the Serjeant-at-arms on Clarkson's prosecution, be released.
17. Order on petition of the Earls of Home and Hartfell, and Sir Rob. Douglas, that all executions against them be suspended for 14 days after their arrival at Edinburgh, or longer if necessary, to enable them to prosecute the business referred in their behalf to the Council in Scotland. Approved 5 Oct.
18. The business of the fleet to be considered next Thursday, and his Highness to be desired to be present.
19. A certificate of Sept. 28 from the Customs' Commissioners, in pursuance of an order of Sept. 21, read.
20. The petition of divers of the jurates and common council of Sandwich, co. Kent, referred to Desborow, Lambert, Strickland, and Mulgrave, to call for the report passed by the late Council of State, and report.
21. Several volumes of the new Atlas to be bought for Council's use, and the globe hitherto standing in the Council Chamber to be brought in again.
22. The paper presented to his Highness subscribed by Col. Bullar, and another called "the humble desire of your Highness's army in America," referred to the Committee on the Jamaica business to report.
25. Order—on report from the Committee for Petitions, on reference of 23 Aug. 1654, of the petition of Anne Holland—that she be allowed a weekly pension of 10s. till further order. Annexing,
3. i. Report alluded to, that Capt. Rob. Holland was a captain of foot in Windsor garrison under Col. Venn; that from 7 Oct. 1642 to 3 June 1644, 2,585l. 19s. 10d. was due to him, and 2,239l. 11s. 9d. paid, and a debenture for the balance of 346l. 8s. 1d., which he had disbursed to his company, was given him by the Militia Commissioners of London; that on 21 June 1653, the Council of State ordered her 50l. out of Goldsmiths' Hall, and the rest to be charged on Irish lands, which having proved fruitless, she begs it may be made good from Dean and Chapter lands; and that she is a modest person, and in great want. Signed by Strickland and Rous. [1 page. See also I. 92, No. 233.]
26. The petition of the mayor, and other well-affected aldermen and common council of Lincoln, referred to Mulgrave, Lisle, Jones, and Strickland, to report.
28. A report from the Treasury Commissioners on the case of Sam. Walsall of London read again. [I. 76, pp. 313–7.]
Oct. 2/12.
Sec. Nicholas to Jos. Jane. I have not read in the prints that Col. Butler was to make a relation of the West Indies' business, but I do not doubt Cromwell would not proceed against Penn and Venables as he has done, without the seeming concurrence of the colonels of the army and his Council. He has committed them, and may try them for their lives to vindicate his wisdom, that it may not be thought he failed in laying that design, but they in executing it. If Blake should, on Cromwell's rough usage of Penn and Venables, consider before he puts himself in such a tyrant's power, it may much prejudice the arch-villain (Cromwell.)
If the King of Spain had declared war in Flanders against Cromwell, as he has done in Spain, by seizing all English ships and goods, I believe some of Blake's fleet might come into the ports of Flanders, to offer their service to our master.
I hear from Zealand that a great fleet of Turks has come into the channel, and taken one of their ships. The Turks say that by the late treaty with Blake, they have the freedom of the English harbours, and have been to Falmouth for provisions. At this the Zealanders storm extremely, as they have reason, for if the Turks have such liberty, they will destroy the trade of the Dutch and all others, and appropriate it only to Turks and rebels.
If there a Camden's Elizabeth in English at the Hague, buy it for me, and send it when you can. Capt. Umpton Crook, who at South Molton took Penruddock and Grove, and then perfidiously denied them their articles, has lately been knocked on the head with a bowl in Oxfordshire.
The Parliament at Paris has concluded that the archbishopric there is vacant, and the King free to make a new archbishop. I did not think any Court Parliament in France would have made such an arrest in ecclesiastical matters.
I hear Cromwell wrote soundly requiring the States general, or those of Holland, to forbear sending any ships of war into the Baltic, to disturb the Swede's proceedings against Poland, and the States have most gallantly submitted to his rebellious worship's order, and laid aside their preparations to assist their friends in Dantzic. Get a copy of his letter if you can.
Sir Wm. Lower, lately come from England, says Cromwell is so indisposed in mind and body that he cannot live long. A libel has lately been printed, particularizing his perfidies, falsehoods, perjuries. &c. The composer, an Anabaptist, was apprehended, avows it, and says he is prepared to prove it by Cromwell's writings, or sufficient witnesses. He is not so much as imprisoned.
The Portugal ambassador at Paris says that the Spanish fleet has beaten Blake into the port of Lisbon, and pursued them so hard that Blake was forced to take protection for them under the castle of Giron, which guards that port.
I am glad you know the Spanish ambassador; he will be pleased to converse with you about English affairs. We expect the King to-night or to-morrow. I send you Sir Wm. Curtius' relation of his meeting the Queen of Sweden, and of the Elector Palatine's base neglect of the King; but keep it to yourself, and let none of the good Queen of Bohemia's family see it, but Sir Chas. Cotterell. It it strange how confident our best politicians are that the King will soon be invited into Flanders by the King of Spain. I do not think that King will so suddenly and heartily embrace our master's interest, having observed how slow his Majesty's party in England are to rise for him, how much he is entangled in the snares of France, and how many about him are suspected for their loyalty. Yet I think he will remove hence shortly, because this always happens when I get settled in a place.
P.S.—I send you an intelligence from London; keep the first part of it to yourself. [3 pages, Holland corres.]
Oct. 2. 4. Geo. Williamson to his brother Joseph, at Queen's. I rejoice in your health, and will strain myself to give you all I can spare. I send you the 20s. by Mr. Halton, whom I did not see. I will see what I can do about a young nag. My mother is well recovered. [1 page.]
Oct. 3. 5. Petition of Hen. Bedingfield, of Billingford, Norfolk, to the Protector, for release on good security, for preservation of his poor wife and children. Has not acted against the laws, or done anything to incur displeasure, yet has been detained prisoner 12 weeks, though the subsistence of his family depends on him. [1 page.]
Oct. 3. Order in Council thereon that his name be inserted into the list of prisoners this day read, who are to be released on security. [I. 76, p. 320.]
Oct. 3. 6. Petition of the Walloon congregation at Norwich to the Protector. Being Protestants, we left our native country in times of persecution, and have always found this country a sanctuary, having patents from Edward VI. and his successors for exercise of our religion in our native language, and for the use of our trades, and we have always contributed to our ministry and poor. But being chiefly handicraftsmen, we have lately been hindered in setting to work strangers who repair hither for the free exercise of their religion, so that we are much diminished, and shall be ruined without remedy, and Protestants abroad will be discouraged from coming here.
Norwich was the first place that received Protestant strangers, who taught the English several woollen manufactures, which have enriched the nation, and we have been upheld by former princes, and by the mayors and aldermen of this city. We beg the same privileges from you, that we may maintain our poor, pay our taxes, &c. [1 page.] Annexing,
6. i. Certificate by Thos. Anguish, mayor, and the justices of peace and aldermen of Norwich, that in 7 Eliz. many aliens were admitted to the city to make "outlandish commodities of new device," as buffins, mackadoes, valures, sayes, bombasines, taffety, fustians, &c., which have set many poor to work. These have been succeeded by others, who submit to the city government, and have officers yearly sworn before the mayor, to see that their manufactures are not fraudulent, and to punish offenders; that they are profitable to the State, and have not one beggar among them. 10 Dec. 1611. [6 pages.]
6. ii. Order in Council—on petition of the woollen weavers of the new draperies in Norwich, complaining of an information against them in the Crown Office for bringing up their children and servants to their trade without binding them apprentice, that—as the Walloons are a special society, governed by the Mayor, &c., of Norwich, and have been always exempt from this Statute, and have deserved well by free contributions towards the present loan, as reported by the Earl of Northampton, Lord Lieutenant of the county—they shall enjoy toleration in religion and trade, and all informations against them on the Statute for Apprentices shall be discharged. Whitehall, 29 March 1612. [2 pages, copy.]
Oct. 3. Reference in Council of the foregoing petition to Rous, Desborow, Skippon, and Strickland, to report. [I. 76, p. 322.]
Oct. 3. 7. Petition of Thos. Fothergill, surgeon to the Protector's horse regiment, to Council. Has but 6s. a day in England, and 9s. 6d. a day in Scotland, to maintain self, servants, and 3 horses, which is far short of a subsistence; begs 20l. for a chest of medicaments, to be always ready, and 5s. a day more pay, from the contingencies in Scotland. [1 page.]
Oct. 3. Order thereon that the Army Committee issue a warrant for 10l. for his chest, and that Lord Lambert write to Gen. Monk to add something to his pay of 9s. 6d. a day in Scotland. [I. 76, p. 322].
Oct. 3. Council. Day's Proceedings.
3. 8. The Admiralty Commissioners to advise with Mr. Pett how 4 advice boats may be speedily built, so as to go with most expedition, and report thereon, with the charge of building.
6. The President presents the draft of a bond to be entered into by the persons now in prison, which was read, altered, and passed, the condition being that they shall not plot nor conspire against the Protector or present Government; that they shall reveal any plots, &c., that come to their knowledge to his Highness and Council, or to the justices of peace; and that they shall appear on summons for one year.
7. Lambert presents a list of those lately apprehended and sent prisoners to Yarmouth, Mersey, Lynn, and London, viz.:—
Gentlemen of Essex.
Sir Ed. Peirce, of Colchester. Sent to Yarmouth.
John Robinson, "
Mr. Roberts, of Braxted.
Sir John Tirrell, of Sternegate.
Gamaliel Capel.
Sir Benj. Ayloff, of Braxted.
Mr. Freize, "
John Brown, of Elmden.
Maj. Smith, of Blackmore.
Sir Hen. Appleton, of Baddow.
Rich. Boothby, of Wanstead.
Rich. Symonds, of Blacknothy.
Salter Harris.
Thos. Argoll, of Baddow.
Dr. John Johnson, of Sandall.
Wm. Burroughs, of Woodford.
Sir Francis Cook, of Pleshy.
Rich. Humphreys.
Sir Wm. Hichs.
Hen. Lernon, of Stanaway Hall. Sent to Mersey.
Wm. Barradell, of Colchester.
Capt. Barker, "
Gentlemen of Suffolk.
Sir Wm. Pooley, of Badley. Sent to Lynn.
Capt. Cheaney, of Eye.
Col. Rolston.
" Gosnall, of Otley.
John Brooke, of Bury.
Maj. Stanton, of Cavenham.
Sackvile Glenham, of Glenham.
Benj. Cutler, of Sproughton.
Edw. Rookswood, of Enson.
Thos. Allen, of Lowestoft.
Mr. Abell, late of Frodsham, Essex.
" Gurdon, of Broome.
Henry Bedingfeild, of Billingford.
Gentlemen of Norfolk.
Mr. Gamball, of Downham. Sent to Yarmouth.
John Disney, "
David Dobbs, "
Jarvice Ashton, "
Dr. Bradley, of Swaffham.
Sir Edm. Mumford, of Wrettam.
Rich. Martin, of Ashill.
Ralph Piggott, of Stredsett.
Capt. Wm. March, of Lynn.
" Wharton, "
" Walter Kirby, "
" John Moss, "
Maj. Bradbury. Sent to Lynn.
Mr. Townsend, of Wrettam.
Peregrine Tasburgh, "
Dr. Lewin, of Ludham.
Capt. Hammond, of Ellingham.
Mr. Armstrong, of Holt.
" Howlett, of Mattshall.
Gentlemen of Cambridge.
Thos. Chichesly. Sent to Lynn.
Col. Sam. Thornton.
Maj. Storie.
Rob. Bell.
Thos. Nightingale.
Gentlemen of Norfolk.
Sir Ralph Skipwith, formerly in custody at Yarmouth. At London.
Col. John Paston.
" Cobb.
" Benningfeild.
Hammond le Strange.
John Arminger.
Edw. Hubbert, of Holt.
Maj. Walgrave, of Haynford.
" Fletcher, of Rudham.
Col. Bedingfeild, of Ashill.
Capt. Springall.
" Wm. Bedingfeild, of Ashill.
Roger le Strange.
9. The above-named prisoners to be released forthwith, on security given according to the tenor of the preceding bond, and Major Hezekiah Haynes to see it done.
10. The report from the Committee on Monk's letter of Sept. 6, about reducements of the forces in Scotland, and the paper of proposals thereon read and agreed to, and an order passed that the following reducement be made:
A month.
£ s. d.
3 foot companies, abating 348 12 0
The drum majors in 12 regiments only, 1 drum in the Colonel's company allowed 6d. a day extra 16 16 0
Four trumpeters out of the Colonel's troops, at 10s. 8d. a day 14 18 8
Six privates out of each company in 12 regiments 756 0 0
1,136 6 0
Monk to cause the said reducement to be made accordingly.
Approved 5 Oct.
12. Order on report from the Committee on the petition of Elizabeth, widow of Maj.-Gen. Haynes, slain in America, that 400l. be granted her in full of arrears of pay for himself and servants in the expedition; that lands worth 150l. a year from delinquents' estates be settled on her and her children, and that the said Committee consider where the money and lands can best be had. Approved 5 Oct. Annexing,
9. i. Report on which the said order is founded, signed by Lambert, Desborow, and Jones. [1 page.]
13. Order on a report from the Lord Mayor of London and other Commissioners for the Protestants in Savoy on the petition of Christiana Uldrick [See 19 Sept. 1655]—advising 100l. for the losses of her and her children in the valleys of Piedmont, in regard of the great numbers to be relieved, though a larger supply is required;— that Sir Chris. Pack, Lord Mayor, and Sir Thos. Vyner, the treasurers, pay her the said sum. Annexing,
10. i. Report alluded to, signed by Pack, Sir John Trevor, Edw. Cressett, Joseph Carill, and Edm. Calamy. 25 Sept. 1655. [1 page.]
14. The petition of Lionel Beecher, merchant of Bideford, co. Devon, referred to Sydenham, Jones, Desborow, Lisle, and Strickland, to report. [I. 76, pp. 318–322.]
Oct. 3.
Navy Office.
11. The Navy Commissioners to the Admiralty Commissioners. The Auditors of Imprest, Beale and Scott, have received our warrants for 500l. each a year, according to an order of the late Navy Committee; but as the time of the Parliament's settlement of that salary is expired, we desire further direction, having suspended the last quarter's warrant until further order. [2/3 page.] Annexing,
11. i. Warrant of the Navy Committee to the Navy Commissioners to make out bills to the Navy Treasurer in favour of Barth. Beale, one of the Auditors of the Prests, for the quarter's salary of himself and clerk at 500l. a year, as it becomes due: also for any disbursements for his office. 25 March 1653. [1 page.]
Oct. 4.
12. John Langhorne to Williamson, Queen's College. I return your scholar as he came, for I had no time to take pains with him. Crackanthorp's logic would suit him best; he has books to furnish him with arguments, if he could manage them. Take pains with his logic and Greek philosophy, and rhetoric will easily follow. I find in my scholars that those who go back in logic do not go forward in other things. [1 page.]
Oct. 4. Council. Day's Proceedings.
1. Order on petition of James and John Houbson, merchants of London, in behalf and by order of M. de Montigny, governor, and the inhabitants of Dieppe, to advise his Highness to renew his licence to the Dieppe fishermen to fish between England and France.
2. The Navy business to be considered to-morrow.
3. Order—on report from the Committee on the petition of the jurates and common council of Dover, and on the certificates that Thos. White was elected by the majority of qualified voters mayor for the year ensuing,—that White be settled as mayor accordingly. Approved 5 Oct.
5. The Army Committee to order the War Treasurers to pay Walker 400l. for the Army contingencies. Approved 5 Oct.
6. Gen. Blake's letter to the Admiralty Commissioners, dated 22 Sept., 150 leagues off the Rock, giving account of the return of the fleet under his command, read.
7. Desborow, Lambert, Sydenham, Fiennes, and Jones, to meet this afternoon, to consider the way now propounded, and other ways to raise 100,000l. for the public service, and report.
8. Lambert's paper concerning further orders and instructions for the Major Generals read, and referred to Pickering, Lambert, Fiennes, Lisle, Mulgrave, and Strickland, to prepare it for Council, and report.
9. The report from Dr. Walker and the Prize Goods' Commissioners, about the demands of Abraham Johnson, Wm. Astell, Anne Pembridge, and others, for discoveries concerning the silver ships, referred to the Committee on their petition, to report.
10. As Major Thos. Chamberlain has 2,500l. in France, which may be conveniently applied towards making up the 15,000l. ordered by his Highness and Council to be sent to Geneva and Switzerland, for relief of the distressed Protestants of the Duke of Savoy's territory, out of the contributions raised therefor, Sir Chris. Pack, lord mayor, and Sir Thos. Vyner, treasurers of that contribution, are to pay 2,500l. to Chamberlain, to be remitted by him in exchange to John Lodowick Calandrin, who is to dispose of it according to instructions. [I. 76, pp. 323–4.]
Oct. 5. 13. Petition of Lieut.-Col. John Mayer, Governor of Berwick, to the Protector. Has spent 100l. on the garrison, and there is a breach in the walls, and the bridges, storehouses, &c., are out of repair. Begs allowance for what he has spent or shall spend for needful repairs. With reference thereon to Council. [1 page.]
Oct. 5. 14. Reference thereon by Council to Whalley and the Committee of Officers for reducements, to report, [½ page; also I. 76, p. 324.]
Oct. 5. 15. Petition of Geo. Price and Randolph Isaacson, merchants of London, to the Protector and Council. On 11 Sept. 1651, the Council of State, on some information given, ordered the Commissioners of Customs to take an inventory of all goods coming in any ship from Mr. Hackett, beyond sea, to Geo. Price, who was to give security for their value if objected against. We thereon became bound in 300l. and 1,000l. for the goods on 2 ships. Hackett has since been over to England, but no delinquency was made to appear against him or his goods, and he returned to Dantzic and died. We beg the cancelling of the bond. With reference thereon to Council, 14 May 1655. [1 page.] Annexing,
16. i., ii. Copies of the bonds alluded to, 13 Sept. and 1 Oct. 1651. [2 papers.]
Oct. 5. Reference thereon in Council to the Commissioners of Customs, to report. [I. 76, p. 325.] Annexing,
17. i. Report by the said Commissioners, that the order was issued because Hackett had performed some service for Charles Stuart beyond sea; but he having come to England and nothing proved against him, the delivery of the bonds will be according to usage, and a high favour to the petitioner. [¾ page.]
Oct. 5. Council. Day's Proceedings.
1. To advise his Highness to order the Treasurers of the Exchequer to pay the Navy Treasurer 200,000l.
2. The Earl of Calendar to have liberty to stay in England to prosecute his business for 2 months, without incurring the forfeit of his bond to return to Scotland; and this to be signified to the Commander-in-chief in Scotland, that no forfeiture may be made for his non-return.
3. Mr. Secretary to hasten the commissions for Cols. Clerke and Kelsey to be Admiralty Judges; also the warrant for the 200,000l. for the Navy.
4. The additional orders to the Major-Generals, as amended and reported by the Committee to which they were referred, read in parts, several passed, and the point about the registrar and his allowance referred back to the same Committee, to report.
5. The petition of Maj. Geo. Walters referred by his Highness to Council, with the narrative and papers annexed, referred to Sydenham, Strickland, Jones, and Lambert, to report.
7. Major Hezekiah Haynes to enquire about and suppress a meeting proposed to be held at Barking, Essex, for holding and defending blasphemous opinions against the Deity of Christ.
8. The report from the Committee to whom it was yesterday referred, to consider how to raise 100,000l. to pay Blake's mariners, read.
9, 10. The Prize Goods' Commissioners to forbear to pay money, or repay any deposited with them, to any one on what pretext whatsoever, without special order from Council; but to pay into the Exchequer all moneys received on contracts for prize goods sold, till further orders. Approved 5 Oct.
11. The Treasury Commissioners to issue no warrants to pay money on any order whatsoever (except for the navy), till further order. Approved 5 Oct.
12. 18. The Admiralty Commissioners to order the moneys in Deal Castle, intended to be paid as prize money, to be applied towards paying off Blake's mariners, and the money to be supplied some other way, at a month's warning. Approved 5 Oct.
13. On information that large sums are owing for prize goods, and that some of the goods sold are perishing undelivered, and therefore part of the money remains in the hands of the buyers, order that Col. John Clerk, Capt. Thos. Alderne, Capt. John Stone, Martin Noel, and Wm. Rowe, require a speedy account from the Prize Commissioners of their contracts, and the money still unpaid, summon the debtors, and require payment before 15 Oct.; making allowances, if needful, for defective goods, and for tare and tret, on condition of immediate payment; and in case of non-payment, certifying Council how the money may be most speedily got in.
14. That they enquire about all goods sold and not fetched away and paid for, and take speedy course for compelling payment; and, in case of difficulty, report to Council. All Admiralty officers, Commissioners for Prize Goods, and others concerned to give them assistance. Approved 5 Oct.
15. To advise a warrant to remove John Biddle, prisoner in Newgate, to the Scilly Islands, to the safe keeping of the Governor, till further order, and Desborow to attend to his conveyance forthwith, in such manner as is agreed on between him and Sec. Thurloe. Approved 5 Oct.
16. Approval by the Protector of 16 orders, 25 Sept. to 5 Oct. [I. 76, pp.324–7.]
Oct. 5.
Prize Office, London.
19. Commissioners for Prizes to Wm. Jessop, Whitehall. We request you to annex the enclosed to the papers already delivered you concerning Ab. Johnson and the other petitioners about the Samson, &c. [½ page.]
Oct. 5.
20. Commissioner Peter Pett to the Admiralty Commissioners. I have thoroughly searched the Indian with the master shipwright, Mr. Arkinstall, and the clerk of the check, for the quicksilver and a quantity of pieces of 8 alleged to have been stowed away abaft the mainmast, taking up the boards and boring holes, but could not find any. I would have written before, but I had to attend the sessions at Maidstone to prosecute the felons committed for stealing a piece of cable and a great bar of iron; also to attend the trial of a minister of Witchling, whom I bound to his good behaviour for speaking very contemptuously against the Lord Protector, and for being a common drunkard and a swearer.
I gave your letter to the justices, and it made them very sensible of the mischief done by such kind of persons upon the State's goods in the navy; the two mentioned in yours were convicted and are burnt in the hand before now. I hope it will be an example and stop such thefts. The fellow who stole the clothes was sent to Maidstone; but his examination sent to you not having been returned, I could do nothing in it. The Indian, Norwich, and Greyhound, are ready for their victuals. I recommend Walsall, late steward of the Rainbow, for a purser's place. [12/3 pages.]
Oct. 6.
21. Thos. Shewell to the Admiralty Commissioners. I delivered your warrant respecting the two brass bases with brass chambers, to Nich. Jordan, who says he has sold them, and they are now as much the State's as they were when he first seized them. I hear that they were sold to one Hudson, who is gone to Lisbon, and will be away 6 weeks. I will secure them on his return. [⅓ page.]
Oct. 9. 22. Petition of John Freeman, sen. and jun., merchants of London, to Council. During the past 6 months, we shipped currants, raisins, and oil, to Hamburg and Holland; the markets being bad, they will not sell beyond seas without great loss, and yet are much wanted in England, but we fear to import them on account of the Act of Navigation. We therefore beg your license to import 90 barrels of raisins and 10 tons of oil, in the same ship that carried them to Hamburg, paying customs and excise. [1 page.]
Oct. 9. Reference thereon to Desborow, Jones, Strickland, and Sydenham. [I. 76, p. 328.]
Oct. 9. Council. Day's Proceedings.
2. The consideration of the horses bought by Lord Grey and others referred to Jones and Strickland; John Mayer to attend them this afternoon with information, and to report.
3. Council proceeded in the consideration of the additional instructions to the Major-Generals. Pickering reports from the Committee that brought in the instructions adopted, viz., that—having considered of an entertainment to the registrar in London, for the entry of the names of all those who shall be returned from the Major-Generals, and also of the appearances of such persons and others,—for expediting the instructions, but not determining anything against the equity of casting the charge of such entries on the forementioned persons by the poll at their appearance before the registry, the registrar should have his entertainment paid from the 10th part of delinquents' estates.
4. The last clause in the paper recommitted to the Committee that brought in this report, and the other clauses being read and amended, agreed to, and approved by his Highness.
5. 23. The Admiralty Commissioners to take order for paying off Gen. Blake's fleet as fast as they can.
6. The petition of Thos. Denver and Thos. Topham, about a concealed estate of 500l. a year, referred to the Treasury Commissioners, to enquire into its nature, give orders for its prosecution, and report.
7. Council to meet to-morrow to consider the navy business, and his Highness desired to be present.
8. 24. The Admiralty Commissioners to provide a fit vessel to transport John Biddle to the Scilly Islands, for his securing there.
10. Mr. Feake and Rogers to be removed from Sandham Castle, which has not convenient accommodation for them, to such part of the west of the isle of Wight as Major Boreman judges fit for their security and privity. [I. 76, pp. 327–8.]
Oct. 9.
25. Robt. Bowes to Col. Jno. Clarke, Whitehall. The 3 months' assessment in Cornwall comes to 4,130l., in Devon to 7,595l., and in Hants to 5,113l. 6s. 8d.; the assignations thereout are on Cornwall 1,575l. 18s. 8d., and on Hants 1,641l. 5s. 4d. The warrants ordered will be ready to-morrow. [2/3 page.]
Oct. 9. 26. Gen. Robt. Blake to the Navy Commissioners. When at Algiers, it was resolved amongst the seamen thoughout the fleet, upon a question being put, that they would contribute a dollar each towards the ransom of certain Dutch captives who, hoping to gain their liberty, swam from the shore to our ships, the money to be stopped upon their account for short allowance; which being now to be cleared, together with their wages, I thought fit to give you notice, that you may set it off, and the rather because the Sophia and Hector have been paid off without any defalcation thereof. I hope this has not been done with any of the rest which came in to Portsmouth and Plymouth before us. [1 page.]
Oct. 9/19.
[Sec. Nicholas] to Jos. Jane. Thanks for your care about Camden's Elizabeth, but what Sir Chas. Cotterell intends to bring will be sufficient. It is true about Cromwell's writing to the States not to send ships of war into the Baltic, and their abandoning their preparations.
The States provincial of Holland have voted for M. Nordich to be governor of the Busse; many marvel that he, having been so openly in the interest of the Prince of Orange, is so much esteemed by the ruling party in Holland, who have always opposed the Prince.
I have absolutely refused to execute a commission for M. Heenvliet and his lady, for her ladyship acknowledging a fine, because I cannot in conscience execute any commissions derived from the present power in England. They seemed satisfied, though I believe they are not, and said Mr. Howard and Mr. Oudart, being here, would do it. Mr. Oudart is to marry a handsome gentlewoman, who, with her sister, has kept up their father's Lombard in Leyden, since his death, and is worth, Lady Stanhope says, 100,000 guilders. I believe he will be knighted before his return.
You may be useful to the Spanish Ambassador there in this conjuncture, and give him intelligence of affairs in England and Spain. We are expecting an open breach between Cromwell and Spain, but as long as the Spanish Ambassador remains in England, war will not be declared, nor will there be any appearance on the Spaniard's part for the King our master. If he should countenance the King, before recalling his Ambassador and declaring war, it will be only to draw Cromwell the sooner to some agreement. The Spaniard, in this low condition, would make any base peace with England, having the French so heavy on him. I want to hear that the 30 ships said to be long since preparing, to carry more men and provisions to recruit. Cromwell's forces in the Indies, are gone to sea.
I hear Cromwell pursues his design to have a Swiss guard, being so much hated by the English. If he make show of calling a Parliament, it will be to gain time, till he can get the guard over and purge his army, for he knows he can only be secure by the power of an army and an army and a Parliament are not compatible. Divers regiments have appointed adjutants to meet in London, and frame propositions, which Cromwell, some say, will not like. He is cantonizing the Kingdom, having signed 7 patents for 7 governments, Lambert for Yorkshire and Lancashire; Howard, captain of his life guard, for Northumberland, Cumberland, and Westmoreland; Fleetwood for Essex, Norfolk, Suffolk, and Lincolnshire; Desborow, the West; Col. Goffe for Wales, &c. These are to have for council the county justices, that whatever is ordered may be taken for the county's acts. They will have power to raise money, and thus do without a Parliament. Some say these governors, &c., will elect Cromwell king, that it may be said he is chosen by the voice of the nation.
The Princess Royal is here on a course of physic. Dr. Morley has preached an excellent sermon before the King, and is going away. He is a good man, and entirely Mr. Chancellor's. [3½ pages. Holland Corresp.]
Oct. 10. Council. Day's Proceedings.
1. Order approving a certificate from the Trustees for maintenance of Ministers, that Wisbeach parish, Isle of Ely, containing a market town and 2 chapelries, and being populous, requires an assistant to help the vicar; that Wm. Sheldrake has been recommended for the service, and that they have agreed to settle 80l. on the assistant.
2. Col. Montague added to the Committee on how to raise 100,000l. for the State's service. [I. 76, p. 328.]
Oct. 11. Note of petition of the officers, &c., of the train of artillery. With their arrears they contracted for the hare warren, Hampton Court; paid ½, and the other ½, was ready, but Jas. Challenor, who was in possession, prevented their perfecting the purchase. Were ordered by Parliament, 31 Dec. 1652, 130l. a year from delinquents' estates instead. Beg that it may be settled on trustees, and their damage considered. [I. 92, No. 275.] Annexing,
27. i. Certificate by the Trustees for sale of delinquents' Lands, at request of the said officers, that the 130l. might be conveyed to them out of Lord Craven's estate, most of which is undisposed of. 1 Sept. 1655. [2/3 page.]
Oct. 11. Order in Council, on a report on their petition, that the Trustees for sale of forfeited Estates certify what estates unsold (beside that of Lord Craven), can be conveyed to them in lieu of the hare warren. [I. 76, p. 330.] Annexing,
28. i. Report alluded to, recommending the settlement of lands worth 150l. a year on Lieut.-Gen. Hammond, and the rest of the petitioners, out of lands reserved for the navy, as there is no other large estate left which is not liable to composition. Signed by Sydenham and Strickland. [1¼ pages.]
Oct. 11. 29. Petition of Dame Alice Burlace, Dame Marg. Levingston, Bridget Bray, Judith Hobson, and Frances Blunden, to the Protector. On our former petition you granted us, 27 Jan. 1653–4, ½ of such concealed estate as we should discover, in payment of our annuities granted by Parliament. By means of Rich. Estcott, we have discovered that the late Sir Peter Vanlore's estate is chargeable with crown jewels embezzled, value 40,000l., which were sold by him, and lands bought therewith, or converted to his own use and concealed. With our consent Estcott exhibited an information to the Commissioners for Claims and Discoveries at Worcester House, and some proceedings were taken, but no fruit, on account of their want of power. We beg a grant to Estcott and Nich. Lyme, on our behalf, of ½ the money recoverable therefrom, with leave to prosecute Sir Peter's executors and assigns in the Exchequer. With reference to Council, 14 May 1655. [1 page.] Annexing,
29. i. Request to Lordto mediate for the said patent. [½ page.]
Oct. 11. Reference thereon in Council to the Treasury Commissioners, to enquire into the nature of the discovery, and report. [I. 76, p. 331.]
Oct. 11. Notes of petitions of Sam. Vassall, one referred 10 Aug. 1654, to the Protector. Endured several imprisonments for opposing the late King's illegal impositions, his goods were taken away, and his losses estimated at 10,445l. 1s. 2d. which was voted him by Parliament, with further consideration for charges and suits and money due for freight. Begs to pay himself by bringing in French wines custom and excise free. [I. 92, Nos. 238, 465.]
Oct. 11. 30. Petition of Sam. Vassall to Council. My condition is so desperate that I cannot receive any denial from you, or I shall be overwhelmed with ignominy, which is insupportable to a man who has lived in such esteem. If there is no regard to my services, let pity to my family move you, and let me be paid from concealed estates till you can better spare the money. [¾ page.]
Oct. 11. 11. Order thereon, and on a report from the Treasury Commissioners on a former petition—showing that on 6 May 1647, Parliament ordered him, for goods taken for the Parliament of Ireland, 2,591l. 17s. 6d., with interest; that this was first charged on the Grand Excise, but was taken off, and is unpaid—that the sum be paid from the ½ of concealments not pardoned by the Act of Oblivion, to be discovered by him. Annexing,
31. i. Report alluded to, certifying not only this debt, but one of 3,328l. 12s. 7d., for service of the Mayflower and other ships. 20 July 1655. [1 page.]
31.. ii. Particulars by Vassall of the service done by the Mayflower, which was taken by the Earl of Warwick for 14 days, and kept 22 months. [¾ page.]
31. iii. Details of the whole sums due to him for principal and interest, viz.:—
£ s. d.
Grant by Parliament in 1646 10,445 12 2
Money, &c., for relief of the garrisons in Ireland in 1647 2,591 17 6
Interest thereon 1,555 2 6
Use of the Mayflower, &c. 3,333 0 0
[2/3 page.]
Oct. 11. 32. Petition of Azariah Husbands, Thos. Babington, Thos. French, and Thos. Kidder, trustees of the regiment late Col. Rich's, now Lord Howard's, to the Protector. We bought for the regiment, from the Trustees for sale of Crown Lands, a house and ground in Dover, worth 160l. 10s. 0d. a year, at 20 years' purchase, paid the full value, and it was conveyed to us by indenture enrolled in Chancery, and yet is detained by the Navy Commissioners and victuallers. We beg you to hear our case, and consider the loss of many poor soldiers; and if it is for the advantage of the State to take the house, &c., from us, to satisfy us another way, according to the Act of 17 July 1649, or allow us to discover concealed moneys, lands, &c., till the debt of 4,112l. 10s. 0d. is paid. With reference to Council, 14 May 1655. [¾ page.] Annexing,
32. i. Details of the survey and purchase by the petitioners of the Maison Dieu, Dover, and of the claim thereto of the navy victuallers, it having been appointed from 5 Edw. VI. a victualling office for ships, though not so used for 30 years past. The case was tried at Maidstone assizes, "but the petitioners had such success as soldiers use to have in civil judicature, viz., a verdict against them." [1 sheet.]
Oct. 11. 33. Reference thereon by Council to the Admiralty Commissioners, to report. [½ page; also I. 76, p. 332.]
Oct. 11. Council. Day's Proceedings.
1. In the association of the military forces to be under Commissary-Gen. Whalley, co. Derby to be added and co. Stafford left out.
2. Instead of the association formerly assigned to Col. Berry, the militia in cos. Salop, Worcester, Hereford, and North Wales, to be given him.
3. Instead of that given to Lieut.-Col. Worsley, the forces in cos. Lancaster, Chester, and Stafford, to be under him.
4. 34. As several purchasers of estates forfeited for treason, sold them by the Drury House Trustees, have neglected payment according to contract, to the great damage of the public, order that, in case of non-payment, with damages, before 8 Nov. next, a course be taken for re-entry upon the said estates, as forfeited through wilful default. The trustees to cause this order to be forthwith published, so as to give timely notice. Approved 13 Oct.
5. The Drury House Treasurers to be required to pay to the Exchequer all moneys come in, and all that shall come in, and not to pay it away elsewhere.
7, 8. The petition of diverse gentlemen for the inhabitants of Jersey referred to Jones, Desborow, Sydenham, Mulgrave, and Fiennes, to report. Also the petition of Aaron Stockall, gent., of Jersey, authorised in behalf of several persons of the said Isle.
15. Order adding to that of 26 Sept. about the corporation of Colchester, that not only John Redham, elected mayor, but all other officers then elected by the votes of the free burgesses, forbear to act, and that Thos. Reynolds, mayor, and all others who were in office before the election, continue to act. This order not to extend to constables and other inferior officers. Approved 13 Oct.
16. 35. Order on information that great quantities of saltpetre are endeavoured to be exported, which may be prejudicial in the present juncture of affairs, that the Customs' Commissioners permit no entries of such export until his Highness and Council are satisfied about the place to which the commodity is to be transported, and give their licence. Approved 13 Oct. [I. 76, pp. 329– 332.]
Oct. 11. Pres. Lawrence to the Council in Scotland. His Highness has referred to Council a petition of the Earl of Calendar for liberty of person and estate. It seems that his estate was seized by the State's agent in 1654, by virtue of the Ordinance of Grace for the people of Scotland, he being an excepted person, and also that part of his lady's estate which had belonged to the Earl of Dumfernline, her former husband, and which till then she had held as her tierce (although by a clause in the Ordinance she was to enjoy her jointure lands). The tierce is said to be detained because that part of her estate was not mentioned in the Ordinance, and is distinct from jointure, and allowed by the laws of Scotland as appendant thereto.
He has been imprisoned, and is now at liberty only on security He served the Parliament against the late King; but he was lieutenant under Duke Hamilton in the invasion of 1648, for which he was banished Scotland, returned here in Feb. 1650–1, and had a licence from Gen. Monk in Nov. 1651.
We therefore wish you to inquire the grounds of seizure of that part of the countess' estate called the Tierce; and if it is allowed by the laws of Scotland, and there is no objection but the omission of the word tierce in the Ordinance, then she is to enjoy the benefit of the Ordinance as fully as was intended. [I. 76, p. 330.] Annexing,
36. i. Report by Lambert and Jones on the Earl's petition, on which the above letter is founded. [2 pages.]
36. ii. iii. Particulars of the demand of the tierce, which is ⅓ of the estate, distinct from the jointure. The earl requests nothing for the countess out of his own estate, but only her jointure and tierce by her first husband. [2 papers.]
Oct. 11.
Commission by the Protector to Colonel William Butler to be Major-General of a militia of horse, to be raised in cos. Northampton, Huntingdon, Rutland, and Bedford. [Parchment, signed Interregnum Box 2, No. 10.]
Oct. 11. 37. Copy of the above. [3 pages.]
Oct. 12. Note of a petition, referred to the Committee for Petitions, of Anne, widow of Wm. Pembridge, searcher for the Port of London, for allowance for his charges as one of the discoverers of the plate ships, Astell, another discoverer, having had 50l.; reported for 10l. from Council's contingencies. [I. 92, No. 242.]
Oct. 12. Like note of a petition of Wm. Astell, for consideration of his pains, time, and charge about discovering the silver ships, for which 40l. or 50l. was ordered him, 3 May 1654. [I. 92, No. 192.]
Oct. 12. Like note of a petition of Abr. Johnson for payment for his services in discovering the silver ships. Order in Council on a report of the Committee of Council, who were to consider a report from Dr. Walker and the Prize Goods' Commissioners on the petitions of Johnson and Astell, and Anne Pembridge,—that neither the said persons nor Mrs. Urdge obtained any advantage to the State by their testimony, and that they have been paid for their pains,—that the said petitions be dismissed. [I. 92, No. 469; I. 76, p. 334.]
Oct. 12. 38, 39. Petition of Amy Bickerton, widow, and her 6 fatherless children ready to starve, to the Protector. I beg relief, having pledged all I have for food. You ordered me on a former petition a reference to Council, who bade me bring in my discoveries [see 3 April 1655], which I have done, and Col. Sydenham promised to report them, but more mighty affairs have prevented. With reference thereon, signed by the Protector, to Col. Sydenham, 28 July 1655; his report that Wm. Harpham, Clerk of the Remembrancer, has certified to 4 bonds for payments to the late Court of Wards by Sir Thos. Fanshaw, of Ware Park, Herts, and others, total 600l.; and that Nath. Stirrop, Deputy receiver of the Court of Wards, has certified 300l. to be due to petitioner and her husband, for service to the late King's children up to Christmas 1654, which, by Parliament's order of Dec. 1645, should be paid from the Court of Wards. Also further reference thereon to Council, 25 Sept. 1655. [2 papers.] Annexing,
39. i. Draft of the above report. [2 papers.]
39. ii. Certificate of Wm. Harpham alluded to 23 May 1655. [1 page.]
Oct. 12. 40, 41. Order thereon that the Treasury Commissioners put the said bonds in suit, and when 300l. is brought in, they pay Mrs. Bickerton the arrears. [2 copies; also I. 76, p. 334.]
Oct. 12. Council. Day's Proceedings.
1. Order on report on the petition of the Earl of Kildare [see 25 Sept. supra],—showing that the earl's pension was only paid to 1 Jan. 1649–50, when he came over to England; and that a warrant of 11 May 1654 to pay 20l. to his children from Council's contingencies, granted on a Council order of 9 May, is not paid,—that the said 20l. be paid, and also 100l. out of Council's contingencies. Annexing,
42. i. Certificate of Major Wm. Cadogan and Sir Art. Loftus to the reduction of the earl's regiment in Ireland, 17 Aug. 1649, and to the granting of the pension, 25 Sept. and 1 Oct. 1655. [1 page.]
42. ii. Certificate by George, Earl of Kildare to the same; also that on leaving Ireland he gave his servant, Roger Hollis, order to receive the pension, which he did till the following January. 2 Oct. 1655. [1 page.]
42. iii. Deposition by Roger Hollis of its receipt till 1 Jan. 1649–50, but not since; taken before Dr. Wm. Harrington, Master in Chancery, 2 Oct. 1655. [¾ page.]
42. iv. Report on the case by Mulgrave and Jones, recapitulating the above, and stating that the 20l. was not paid by Mr. Frost, because the children were not particularly named; that the family is in great distress, and a fit object of charity, and that something should be allowed for their transport. [1½ pages.]
3. The petition of Mary, widow of Sir Geo. Shirley, Lord Chief Justice in Ireland, referred by his Highness to Council, referred to Sydenham, Jones, Pickering, Rous, and Mulgrave, to certify.
4. Strickland, Jones, and Pickering to consider the complaint of M. de Bordeaux, concerning the taking away of 2 of his servants, and report.
5. The petition of Major Dillon to be considered on Tuesday.
7. Order on report from the Committee on the arrest of a servant of the Swedish Ambassador,—that Justinus Hoyer was arrested at the suit of James Broilsford, merchant of London, and Matthias Eyre, and remains in the Counter prison, and that it appears by certificate from the Ambassador that Hoyer is comes legationis, which Broilsford declares he did not know at the time of the arrest,—that Hoyer be liberated, and that Broilsford discharge the action.
10. The report from the Committee on the Jamaica business, of instructions to be given to Major Richard Fortescue, Vice-admiral Wm. Goodson, Major Rob. Sedgwick, and Dan. Searle, read and agreed to.
11. 43. The Admiralty Commissioners to deliver to Mr. Secretary a duplicate of all the provisions and stores sent in the 4 last ships which arrived at Jamaica last May, also in those which went from here last July under Sedgwick's command.
12. The consideration of the business of the Custom House officers' salaries and the contingencies referred to Sydenham, Desborow, Jones, Pickering, and Strickland, to report. Mr. Secretary to assist.
13. The time limited by an order of Oct. 5, for the persons therein named to make an allowance of tare to the purchasers of Prize goods, and for payment in of the moneys, enlarged 10 days; and the persons authorised to make the allowances where they see cause, and the rest of the money to be paid in by Oct. 25.
14. Jones and Strickland added to the Committee on the business of the Prize Goods, and those Commissioners to attend the Committee at 3 p.m.
15. On information that the directions to the Commissioners of Customs not to permit the landing of goods from the United Provinces within 20 days, to prevent the spreading of the infection which is there, has given opportunity for privately conveying in goods without payment of Customs and Excise;—order, that the Customs' officers do their best to prevent this abuse, by sending men on board or otherwise, but taking care to prevent the danger of infection.
16. Order—on report from the Committee to whom Mrs. Haynes' petition was referred back [see 3 Oct. suprà],—that the 400l. be paid her from the money in Mr. Creed's hands for Jamaica, 200l. being for the daughter when of age or married; 100l. each for the 2 sons, Thomas and David, the mother having the profits meantime; that of the 150l. a year, 50l. be settled on Thomas, 50l. on the widow for life, with reversion to him, and 25l. on each of the 2 younger sons, the profits to be for their education till of age; and that the Treasury Commissioners set forth the land from the estate of Mr. Penruddock, or some other forfeited by the late rebellion in the West, granting it for 99 years on a small rent. Approved 13 Oct. [I. 76, pp. 333–5.] Annexing,
44. i. Report by Desborow and Jones on which the said order is founded. [1½ pages.].
Oct. 12. 45. Representation by the Admiralty Commissioners to the Protector and Council, on the present state of naval affairs, as also the condition of Gen. Blake's fleet, lately returned and waiting to be paid off.
That the wages due to the fleet lately come in, including short allowance, amount to 120,000l., being 20 months' arrears; the cash in the hands of the Navy Treasurer is only 20,000l. with which he is paying off the 3 great ships at Chatham; but it will not be sufficient by 5,000l.
The dead charge of the fleet's remaining unpaid is 2,000l. weekly for victuals and wages.
Since the coming in of Gens. Penn and Blake's fleets, all the money appointed for naval affairs has been employed towards their paying off, whereby the payments upon contracts, bills, yard wages, &c., have been stopped, which is a great prejudice to the navy.
The supply this year for naval affairs has fallen so much short of its charges, that the debts reduced in the preceding year to 3 months, are now receded to 9 months, and the naval debt risen to 657,835l. 14s. 7d., including the payment of Gen. Blake's fleet.
For want of money, the navy stores are not furnished to carry on any considerable action at sea, the late undertaking having greatly exhausted them; nor can they be recruited without money.
Several ships on the English, Irish, and Scotch coasts, have been long out and unpaid; and although some of them are not fit to be kept out, being out of repairs, yet they cannot be drawn in for want of money to pay them off.
The Commissioners pray consideration and relief therein. Also they enquire what victuals shall be provided for the next summer service, it being advantageous to have it in seasonable preparation, as was represented in their report on 28 Aug. last. [1¾ pages.]
Oct. 13. Approval by the Protector of 6 orders presented by Mr. Scobell, 26 Sept. to 12 Oct. [I. 76, p. 336.]
Oct. 13.
46. Nich. Jordan to Major Jno. Desborow and the Admiralty Commissioners. Having received an order from Thos. Shewell, concerning two brass bases, I beg you to understand the case. After I had faithfully served under Sir Wm. Waller at the beginning of the wars, and until Bristol was taken, I lost my estate, value 300l., and was forced to leave the city, with my wife and 3 children, at the hazard of my life; I got to Gloucester garrison, where I continued until Col. Morgan disbanded, during which time I was a captain of foot, and a lieutenant of horse and foot, was taken prisoner, and received many wounds. Being disbanded and unable to follow any trade, in December 1648, I applied to some friends in Parliament, and was put into the Custom House at Bristol, by recommendation of the now Lord Protector.
About that period Capt. Plunkett revolted, and joined with the Irish rebels, and left 2 small bases at his house in London, which were put into a cask and sent to Bristol, for conveyance to him in Ireland. Hearing thereof, I took some men, seized and conveyed them to the State's storehouse, and gave notice thereof to the Commissioners, who thanked me for my pains, and stated that they did not then know how to dispose of them; considering them of no value, I never troubled further about them, until Major-Gen. Deane coming to Bristol, I showed them to him, and desired him to take them, but he declined.
When the Scots came to England, I was made lieutenant to Capt. Thos. Norris, as also lieutenant of the foot at Bristol, by commission under the now Protector's hand and seal, dated Oct. 1651; and being asked by Col Scrope, then Governor of Bristol, what guns and ammunition were in the storehouse or Custom House, I told him of these two small bases; he sent for them, and they remained there until the Castle was demolished. I then took the guns and chambers to my own house, and sold them to Thos. Shewell's brother-in-law and his partner for 6l., their weight being 200 lbs. If I had not by Shewell's malice been put out of my employment, I should never have questioned these guns, but Shewell never served for the State with the sword, nor does he favour any one that has. Not the 1/10 of a farthing could be proved against me, but only his evil will, to bring in a kinsman of his that never did any service, to my prejudice. When put out, I came to London, and sent a petition to the Navy Commissioners, to allow me for my pains and charges, according to the Act, but was informed by Thos. Kelsey that they could do nothing, the Act being before their time.
As you have been soldiers yourselves, I hope you will consider all this, and not put me to the charge of coming to London, which will cost more than the guns were worth. The State owes me and my brother, Major Thos. Jordan, who was slain at Clonmel, 300l. on debentures. I desire this may go in part payment; if not, I desire to know your pleasure; the thing is of no value to the State, although it is to me, now a poor man. [2 pages.]
Oct. 14.
47. R. Dillington to Williamson. I ought to have given you a particular account of our voyage at Jamaica, of our living 9 days by the air like cameleons, now and then on orange leaves and cocoa. We have passed through all the Herculean labours, slain the Hesperian dragon to purchase the golden fruit, warred against mountains and woods, and found, like stout Vexon, King of Egypt, that, Jam opulenti populi ducem stolidè adversus inopes oceupâsse bellum, quod magni fuerit illi domi timendum, quod belli certamen anceps, prœmia victoriœ nulla, dumna manifesta sint, which we have found true. I shall be at Oxford in 3 weeks; but wherever I am, omit not this correspondence. [1 page.]
Oct. 14.
The Lyme, Downs.
48. Capt. Jno. Bourne to the Admiralty Commissioners. I have endeavoured, as ordered, to gain intelligence from Ostend and Dunkirk of their strength in men-of-war, and their readiness to sail; and I hear, by two Ostend shallops (who, not knowing the injury their nation has done in these parts of late, came into the Downs for succour in a contrary wind, and whom I have secured), that they have 25 frigates, small and great, at Ostend, carrying from 18 to 34 pieces of ordnance, and 10 at Dunkirk, besides 3 great King's ships, which are cruising on the coast of Portugal and the Straits, and expected home daily. Some of the others are getting ready to go out. I hear from Capt. Tatnell that all the English ships and goods at Dunkirk are seized, and the merchants' houses guarded by soldiers, and that there are several ships there that will make men-of-war, as also some building.
I have no vessel to send as a convoy from Yarmouth to Newhaven and back, but I have directed the Advice, which has gone as convoy to Dieppe, &c., to call at Newhaven and bring back the 10 ships of Yarmouth waiting there. When she returns, she will require an order for victualling. [2 pages.]
Oct. 16. 49. Bond of Sir Wm. Hicks, Bart., of Ruckhalls, Essex, and John Light, clothworker of London, in 1,500l., that Hicks shall not do anything prejudicial to the Government, and that he shall reveal any plot of which he may hear against the Protector or Government. [1 page.]
Oct. 16/26.
50. Sec. Nicholas to Jos. Jane. I now believe that Cromwell did not write the letter I named to the States. The news came from Mr. Vicford, who is very credulous. Mr. Oudart's intended wife is rich and handsome. He is little esteemed here, and his preferments make him more conceited than ever.
I hear that the Spanish ambassador at the Hague is a man of ability, but not of integrity, as M. Le Brun was; but you might learn from him his King's inclinations towards our King. As you say, the Spaniard's necessities will be his chief counsellors, so we must show him the advantage in the war with Cromwell of espousing our master's interests. I fear that Cromwell has no men left at Jamaica, but that the ships and men which Penn left came away with or after Venables, and are at the Barbadoes. Cromwell amuses the world, and keeps up his credit with his adorers, by pretending that men still remain at Jamaica. Till the Spanish ambassador has landed from England, I shall suspect a private making up of the breach between his King and Cromwell.
There is a rumour that the French King has sent placarts to all his ports to seize English ships and goods, but it only comes from Flanders, and is not named from Paris.
Cromwell's strictly prohibiting the printing of news is a sure sign that his affairs at home and abroad go not well. He has been tampering to bring in as many Swiss guards as, with his faction in the army, may secure himself; but he has perhaps laid the design aside, because it was discovered to some chief officers of the army.
Some say the Princess Royal will return next month, but she is ill, and not out of physic. Mrs. Harvey being a shuffler, I should like the woman's receipt for the money owed her by Lord Gerard.
My son Lane will wait on you when he comes to the Hague.
I hear that Cromwell is in great want of money, and has raised the monthly contributions as high as ever, and wants ½ paid at once; this may produce notable effects. We are loth to be at the charge of good intelligence from England lest we lack money for other things, though of less importance.
We hear that Blake's fleet protected 4 Turkish ships pursued by the Spanish fleet. It is reported that Cromwell is preparing 120 sail for sea, but it is ridiculous, for this is not the season, and he has neither means nor men. Under this pretence he will drop his preparation of 14 frigates and 18 other ships to be sent with men and provisions as a recruit to Jamaica, where, I believe, he has no forces remaining. What progress is made by the English and Dutch commissioners about settling the English company at Rotterdam? I have written to John Samborne that I will try to procure from the King wherewith to satisfy your debt. [3 pages.]
Oct. 16. ? 51. A. Mac Naughton to the King. I will not trouble your Majesty with the affairs of this kingdom, as you have them from better hands. I have sent Capt. Maitland, the bearer, to show you my resolution. Endorsed by Sec. Nicholas "R. 25 Oct./4 Nov. 1655, brought by Capt. Maitland." [¾ page.]
Oct. 17. Council. Day's Proceedings.
1. Frost to satisfy to Nich. Bond 87l. 0l. 9½d. balance due for the Swedish ambassador's entertainment, and 100l. for that of the Venetian ambassador.
3. Council to meet at 5 this afternoon.
4. The petition of John Pimlowe, minister of Holbeach, co. Lincoln, to be sent to Lord Chief Justice Glynn, to enquire the truth of the matter suggested against John Hobson, and if he find it true, to institute severe proceedings against him, especially if the matters complained of were done since his expulsion from the commission of the peace.
5. A paper from the Committee to consider of money for the present service, called "An account of what ships and goods have been claimed in the Admiralty Court by Spaniards, and have been adjudged to be released from 8 Feb. 1653–4, to 12 Oct. 1655," to be transmitted to Col. Clerke, Capt. Stone, and the other referees authorized to examine prize goods' matters, to learn what has become of the said goods, and if any are undelivered, to stop them, and to make such other use of the paper as they can, for the State's advantage.
6. Order—on information that John Huison, late minister of Torrington St. Clements, in Marshland, co. Norfolk, being on articles of scandal ejected from the living at the prosecution of Thos. Gunville, against whom he has since brought an action of the case, for words referring to the said articles, and obtained a verdict of 80l. damage and costs at the Thetford assize of 20 March 1654–5 —that the mayor and corporation of Lynn and Maj. Stiles send for the parties with witnesses and papers, examine the matter, and report. [I. 76, pp. 336–7.]
Oct. 17. 52. Josh. Fugill to Rob. Blackborne. I am comforted that I am not utterly deprived of your favour, for one of your clerks brought me a verbal order to appear before your Committee, which will not only be to my advantage, but I might declare something of great concern to the State. I beg your assistance, that the order may be renewed. [½ page.]
Oct. 17.
53. Thos. White to the Navy Commissioners. The packet boat has arrived from Dunkirk, with the seamen of the vessel stopped in Flanders, who report that they are building and fitting out several ships there and at Ostend, but those that are ready have no orders to go to sea, and there are no commissions, as yet, given to come to sea against the English. [2/3 page.]
Oct. 17.
The Merlin, Dartmouth.
54. Capt. Peter Foote to the [Admiralty Commissioners]. I sailed, as ordered, from Cowes 21 Sept., and 1 Oct. touched at Cascaes Road, but getting no certain intelligence, went thence to the Southward Cape, and on the 3rd discovered the Spanish fleet of 40 sail, some of whom chased me to Lagos Bay, where I heard from the governor, and Capt. Clarke's letter, that General Blake had gone for England, and Capt. Haddock for Lisbon. On advising with my officers, I supposed that I had grounds sufficient to return for England, and on the 7th, I left Lagos, and near the Cape, saw two English ships, which had been forced under the castle of St. Vincent for protection from the Spanish fleet, who endeavour to speak with all passing vessels.
I was also informed that the West Indian ships had not yet arrived home, nor this fleet been out of their station since they came forth, but that it would not be long before they returned to Cadiz. On the 8th I met 3 Dunkirkers, bound for this fleet, one of which chased me 4 hours, and fired at me, but did no harm. Meeting with tempestuous weather, I have put into Dartmouth, and having 34 days' provisions, will remain there for orders. I expect Capt. Clarke will soon return to England, with the 3 victuallers. [1 page.]
Oct. 18.
The Lyme, Downs.
55. Capt. John Bourne to the Admiralty Commissioners. The packet boat has arrived from Dunkirk, with several masters and men from ships detained there, who report that the stoppage of English ships still continues, and that they are building and fitting out men-of-war as fast as they can, there and at Ostend, some of which are only waiting for their commissions. I will direct the Gainsborough and Advice to hasten to and from Portsmouth with all speed, and convoy any vessels bound hither, or to France.
I have ordered the Ostenders into Dover pier, for security from foul weather, and shall keep their men on board till further order. There is a small frigate, taken by the Drake, at Dover, which might be useful, to annoy the enemy's fishing, or any other service among the sands; also an Ostender which has been lately stopped, and which formerly sailed thence with an English commission against the French. I want orders as to cleaning and victualling the Drake, and surveying the Cornelian. [12/3 pages.]
Oct. 18. 56. Dr. Walter Walker to Wm. Rowe, one of the Admiralty registrars. Though we in the Admiralty have received no directions from his Highness or Council about claims made on behalf of Spaniards or Flandrians, subjects of the King of Spain, yet hearing of seizures and embargoes made in Spain and Flanders on English ships and goods, we have in prudence forborne proceedings. But as the Admiralty Court, being a court of justice, cannot act arbitrarily, I beg you, either yourself or through Mr. Jessop, to request the directions of his Highness or Council in such cases. The forms before used when we were at difference with the Portuguese and Dutch were universal reprisals. If ordered, we will prepare a legal form, suitable to their pleasure. [1 page.]
Oct. 19. 57. Petition of Jeremy Blackman, Wm. Pennoyer, and Wm. Rider, merchants of London, to the Protector. Having bought 100 tons of the saltpetre of the East India Company for transportation —the company having supplied the powder makers of London, and much saltpetre being expected from East India this next year—the Custom House Commissioners will not allow us to enter our goods for transport to Amsterdam, which is a place in amity, without your order, which we beg, and will give in caution not to export it elsewhere. [1 page.]
Oct. 19. Order thereon in Council granting the petition. [I. 76, p. 337.]
Oct. 19. 58. Petition of Jas. Burkin, merchant of London, and company, to the Protector and Council. Having contracted with the East India Company for 100 tons of saltpetre, on 18 Sept. last we entered it at the Custom House for Amsterdam, and 20 tons are sent, but the rest is stayed at Gravesend, on pretext of your order of 11 Oct., which is 3 weeks after the entry, and therefore does not, we hope, comprehend our saltpetre; yet the Gravesend Custom's officers will not free it without order.
There remain large quantities of saltpetre in the East India Company's warehouse, and we have been at great charge in shipping and insuring ours, and paid much for it to the company; we therefore beg an order for it to be carried to Amsterdam. [2/3 page.]
Oct. 19. Order thereon in Council for it to pass, on security not to be transported to any place not in amity with this Commonwealth. [I. 75, p. 338.]
Oct. 19. Council. Day's Proceedings.
3. A list of persons in custody of Lieut.-Col. Chas. Wolsley, and not yet ordered to be discharged, read.
4. To advise an order to the Lord Deputy of Ireland to send a deputation to Maj. Hezekiah Haynes, to execute for him within cos. Norfolk, Suffolk, Essex, Cambridge, and the Isle of Ely, all the powers and authorities committed him, as Major-General within the said counties, and cos. Oxon and Bucks.
5. To advise an order to Lord Lambert to send a deputation to Col. Rob. Lilburne to be his deputy, to execute the office of Major General in cos. York and Durham, and to Col. Charles Howard in cos. Cumberland, Northumberland, and Westmoreland. [I. 76, pp. 337–8.]
Oct. 19/29.
[Sec. Nicholas.] to Jos. Jane. I believe Cromwell will not disannul the Act made by him and his faction for regulating trade, which in time, with other injuries done by the rebels to the D[utch] concerning their traffic, may make a breach. It would be a wonderful work of God if the Spaniards and Dutch,—the 2 first States that encouraged those rebels in England,—should be the first to join in a war against that monster of rebellion.
I believe Mr. Skinner not to be disaffected to the King, and I wish you could learn from him the true state of the difference between him and his fellow Commissioners and the Dutch, concerning the settling of the English company at Rotterdam.
We have no letters from England this week. The packet boat is said to have been stopped in England. Those in Flanders have seized all English merchant ships and goods in port towns, especially 3 English ships laden at Dunkirk for London; the goods were put into the King of Spain's magazine there. Some say Don Alonzo de Cardenas is stopped in England for debt. I shall believe he is still on some treaty with Cromwell till I hear he is out of England.
I do not think there are any English at Jamaica, for the 2,000 or 3,000 left by Penn came to the Barbadoes when Penn left Jamaica. All here think differently, though with little ground, and they will not patiently hear any man doubt that the English are masters of that isle. I wish there were reason to believe it. I think that they are all come to the Barbadoes, and that the supplies under Humphrey and Sedgwick are likewise there, waiting orders, as both the Generals have come away.
If this be true, it will be very easy for the Spaniard to clap up a peace with Cromwell; but say nothing to those who write all they hear to their correspondents here. I hear nothing of the 30 ships that were to be sent with supplies, and this adds to my fears that there are no English to be recruited at Jamaica.
The great noise of 120 sail preparing in England is raised to uphold Cromwell's reputation abroad, but he is not able to set forth such a fleet, nor is this the season for it.
I wish the King were invited into Flanders, but this will not be till Spain is obliged to call for his assistance, and it would be a strange precipitation for him to go before he is invited, or the King of Spain declares for his interest, and makes his ports free for all who will come to serve the King. I want Somerdike's opinion on the affairs between Spain and Cromwell, and on the great intelligence settled between the Swede and Cromwell; also upon the treaty between the rebels and the Dutch, about settling the English company of merchants at Rotterdam. Will the Dutch confirm the company's privileges, unless the Act for trade be disannulled, which I believe Cromwell will never yield to ? Talk with M. Reinswood about these things. What do you say of the King's going to Flanders, if he may be welcome, without being invited by the Spaniard?
Most of the lead and tin mines in England are drowned with last summer's rain, which will be an irrecoverable loss to the kingdom.
I hear from Vienna that the King of Sweden is absolute master of Poland (whose King has fled into Silesia), and when he is crowned king of Poland, Dantzic and the Baltic ports will be under his government, which will be much the worse for the Dutch trade.
Blake, being in the Downs, is afraid to go ashore, lest he should have the same usage as Penn and Venables. If the Spaniard declared now for the King, some of Blake's fleet might come to Dunkirk to serve his Majesty. Cromwell may delay Cardenas' departure from England till Blake's fleet be made sure. If there be war between Spain and Cromwell, there must be some jarring between Cromwell and the States about trade into Spain, which the English rebels will certainly hinder, under pretence of visiting their ships.
The Princess Royal will not be out of physic and ready to go hence till the middle of November.
P.S.—Read my letters to Somerdike and Reinswood, and tell me what has become of the treaty between France and the States. [32/3 pages. Holland correspondence.]
Oct. 20. 59. Petition of Capt. Wm. Burrill, late Governor of Mersey Island, to Council. The Army Committee report, on your order for payment of my disbanded troops, that they have no money therefor, yet the men importune me, therefore I beg payment some other way.
Also the Protector orders me to demolish Mersey Fort, and to pay the workmen out of the materials; but Jas. Shirley of Clapham, owner of the ground, forbids my taking it down, on pain of a common law suit. I beg orders. [1 page.] Annexing,
60. i. Report in the Army Committee, that they have no money for payment of arrears except for service in Scotland; and that the assessments and all other moneys are appointed for the current pay of the army, and are much below its growing charge. 3 Oct. 1655. [1 page.]
Oct. 20. Order thereon discharging the former order to the Army Committee for payment, which is to be made from the Army contingencies. Also reference to Sir Thos. Honeywood, Col. Hezekiah Haynes and Dudley Templar, to confer with Mr. Shirley about his interrupting the service in Mersey Island. [I. 76, p. 340.]
Oct. 20. Council. Day's Proceedings.
3. The Admiralty Commissioners to order 40 ships named, with 8,230 men, to be provided and made ready for use forthwith.
4. 61. Mr. Jessop's letter from the Prize Goods' Commissioners, concerning their payments for freight, custom, and other incidents referring to the Prize Office, referred to the Admiralty Commissioners, to order the Prize Goods' Commissioners to pay the incident charges as the Admiralty Commissioners shall think meet, the order of Oct. 5 notwithstanding.
5. Thos. Dunne appointed Registrar for the City of London, for receiving appearances, making entries, and performing other services.
6. Order, on report of Lieut.-Col. Mayer's petition [see 5 Oct. 1655],—that 100l. is already spent for repairs at Berwick, and 100l. more is needed,—for payment of 200l.; also that Gen. Monk appoint army officers to view the defects, and certify what should be further done for repair. Also Mayer is to sell a quantity of corn that has long lain at Berwick, and certify the amount of the proceeds. Annexing,
62. i. Report alluded to, signed by Whalley and Goffe. 11 Oct. 1655. [¾ page.]
8. Embree, the surveyor, to review the defects of the Horse Guards at the Mews, and repair them.
9. The Commissioners formerly approved to be inserted in the instructions annexed to the orders to secure the peace of this Commonwealth, and the rest of the blanks left.
10. The above order and instruction for the counties under Cols. Berry and Butler, to be delivered to Pickering, to be sent to them.
11. The persons named in Pickering's list of Commissioners for co. Rutland approved, and their names inserted.
12. The above order and instruction, dated Sept. 21, 1655, to be signed by one of the clerks of Council, as the Commissioners' names are inserted, leaving blanks for other names.
13. The Admiralty Judges and Dr. Walker to prepare a draft of an order to stop proceedings in that Court as to claims of Spanish or Flandrian subjects of the King of Spain; and meanwhile not to proceed on such claims. [I. 76, pp. 337–341.]
Oct. 20/30.
63. Receipt by Thos. Barrow from Sec. Nicholas of 40 rix-dollars, as the King's gracious gift. [Scrap.]
Oct. 22./Nov.1. 64. Deposition of Wm. Armorer. As the Duke of Gloucester and I were used to sell bargains, I sold the Duke one last Saturday. Then going out for hawks' meat, and having a hawk on my fist, I met Geo. Arnet and Major Rob. Hamilton coming towards the Court, when Arnet called me perfidious for speaking such words to the Duke, and gave me a box on the ear. I would have struck again, but Hamilton parted us. That evening, in the [King's] presence, Arnet again abused me, and I struck at him, and I think hit him.
Deposition of Geo. Arnet. The Duke of Gloucester being in the garden with much company, Armorer called to him from a chamber window that he had won, and the duke asking who had won, he answered —, at which Lord Napier, Major Hamilton, and the rest of the company were much offended. Meeting Armorer in the street, I told him I wondered he could look any gentleman in the face after speaking so unworthily to the Duke, and struck him. That night, in the [King's] presence, Armorer struck me, without my having spoken to him, Sir Wm. Fleming and Major Hamilton being present.
Deposition of Major Rob. Hamilton. I was with Arnet on Saturday when we met Armorer Arnet reproved Armorer, called him an infamous fellow, and struck him on the head. When they were at the Court gate, Armorer struck at Arnet several times, but did not hit him, and Arnet laid his hand on his sword. I bade him stand off, or he would kill him.
In the presence afterwards, Armorer struck at Arnet several times and missed, but at last hit him. Arnet bade him forbear, as it added to his infamy to strike in such a place, and left the room, going backwards, and Armourer following and striking at him. [31/8 pages, in the handwriting of Sec. Nicholas.]
Oct. 22.
65. Major Peter Murford to the Admiralty Commissioners. I appointed a soldier of this garrison, with others, to assist Capt. Blagg in arresting the irregular seamen belonging to the Marston Moor; 2 were taken without resistance, and remain in custody, waiting your orders. Being denied their pay, they have nothing to support them. I was constrained to put them under the custody of a soldier of the garrison, Thos. Newberry, the marshal, being by the late establishment reduced to storekeeper; having such great trusts, as well for the navy as the garrison, being often commanded to London, and being only allowed 1s. 6d. a day for both offices, it is difficult for him to perform them. Col. Norton, our Governor, intends shortly to wait upon his Highness about it, as it would be to the State's advantage that there should be a marshal here. [¾ page.]
[Oct. 23.] 66. Petition of Chas. Crosby, late under-keeper of Enfield Park, to the Treasury Commissioners. I purchased my place from the Earl of Salisbury for 400l., and 5 years since the park was allowed to the soldiery for their arrears, on which I was outed, and my salary of 20l. a year, my sole livelihood, taken away. Having a wife and 4 small children, I have spent my stock of goods and run into debt, and beg relief to put my children out, that my wife and I, who have lived in good fashion and kept servants ourselves, may go to service. [1 page.]
Oct. 23. 67. Report by the Treasury Commissioners on a reference of 4 April 1655, about 5,360l. 18s. 4d. due to the Earl of Salisbury for Theobalds' Park.
That John Corbett reports from the Committee of Obstructions on the Earl's claim to the parks and manors of Theobalds, Cheshunt, and Enfield, that Parliament, 25 Dec. 1651, agreed to pay him the said sum in lieu of his claims, to be paid from estates of delinquents to be sold on an additional Act.
That 18 Nov. 1652, Parliament charged the sum on the money coming in at Goldsmiths' Hall, from 2/3 of Papists' estates.
That the Goldsmiths' Hall Treasurers certify that no part of the sum is paid.
Also that Chas. Crosby, under-keeper of Enfield, begs relief, and is to be paid out of the said sum, which is yet unsatisfied. [1¼ pages.] Annexing,
67. i. Report by Corbett alluded to, 25 Dec. 1651. Copy deposed to by Rob. Colby before Wm. Harington, Master in Chancery, 20 Sept. 1655. [1¼ pages.].
67. ii. Parliament order of 18 Nov. 1652 alluded to, deposed to in like manner. With certificates of the Goldsmiths' Hall Treasurers as to the non-payment of the money. 10, 15, and 22 Oct. 1655. [2¼ pages.]
Oct. 23. Council. Day's Proceedings.
1. 68. The Admiralty Commissioners to provide a frigate to take the Spanish Ambassador to Flanders, and to instruct that she come not within danger of any of their forts.
3. Don Alonso de Cardenas, Spanish Ambassador, required to depart within 4 days. Notice hereof to be given him.
4. A copy of the instructions to the Major-Generals to be delivered to Pickering, with a copy of the orders for securing the peace of this Commonwealth.
5. The Treasury Commissioners to warrant the payment of 1,000l. to the Treasurer for sick and maimed soldiers, the order of 5 Oct. notwithstanding.
6. The 31 ships, named in a list given, with 3,010 men, to be provided and made fit for service, beside the 40 already ordered.
7. 69. The Admiralty Commissioners to provide forthwith 6 months' victuals for 16,000 men to serve in the navy.
8. Order on Sydenham's report from a Committee on naval matters, that the Committee meet again for further consideration this afternoon.
9. Approval by the Protector of 2 orders of 11 and 12 Oct. [I. 76, pp. 442–3.]
Oct. 23.
70. Rich. Bincks to the Navy Commissioners. On the action brought by John Flower against Jas. Wickliffe and Edw. King, his servants, it appears on trial that the young men were under age when they sealed their indenture, and therefore it was void in the opinion of counsel, and the Court ordered a special verdict. [1 page.]
Oct. 23.
The Merlin, Dartmouth.
71. Capt. Peter Foote, to the Admiralty Commissioners. I will sail the first opportunity. I hear from the gunner of Cascaes Castle, who is an Englishman, as also by a ship of London, that the Bristol, with two victuallers, as also the Hannibal, put into Lisbon on the 1st inst., and would be in Wieres Bay the 8th. I believe they will be heard of in a few days; the Spanish fleet were 45 leagues from that place, and no part of their fleet is near there. [2/3 page.]
Oct. 23.
72. Capt. Hen. Hatsell to Col. John Clarke. Capt. Heaton is coming eastward in the Hampshire, having been kept with others in the Sound, by extremity of weather. The boat cast away belonged to one of the French ships. The captains produced passes from Council, of which copies are enclosed, and judge themselves free thereby. I have nothing to allege against them, but I refused to certify their being here and showing me their passes, as they desired, they being shy of putting to sea, from fear of meeting with other of our frigates.
Hearing that Swart has sailed from Brest in his new frigate of 190 men, with 3 others, I have ordered the Westward frigates to keep in company, hoping that they may meet, and good be done.
An order came to the Sub-Commissioners for Prize Goods, by the Prize Commissioners, to sell the frigate taken by the Saphire, but I have desired them to forbear. I suppose you have not yet passed over your right in Cockside, so that it now lies in your power to help Major Aske and Capt. Allen, the time for redemption having elapsed, and Mr. Yeo and Mr. Burrard having promised that what they received over and above the money should go amongst the creditors.
I had 26 French and 5 Irishmen in one of the great towers of the castle, who, on Sunday night, during the height of a storm, digged through the wall, and got out, unheard or discerned by the sentinel. They scattered themselves, and were met the next day going east and north, and although followed, they got into woods or under hedges, or travelled very fiercely, so as it is not reported they were taken, but two of them were found dead, or nearly so, under a hedge at Plymton. Where they lay in the castle, the rain came in, and they were wet night and day; I spoke to have the covering mended, but no one has orders for it. There are 50 Irish and a few English left, and I do not know what to do with them. The Western shipmasters are afraid to take them; they should be shipped in the Marston Moor and Indian, bound for the West Indies, where they may be made hewers of wood and drawers of water. [2 pages.]
Oct. 24. 73. Petition of Thos. Underhill and Nathaniel Webb, stationers of London, to Council. We acknowledge it a great mercy that those who hold the foundation of religion in piety and unity, differing in lesser matters, are protected in the exercise of their religion by you, and prevented from injuring each other; but we are far from thinking you intend the same protection for blasphemers and heretics. This is shewn by your sending John Biddle to the Isle of Scilly; we beg that such course may be taken that your act about it may not eventually, though contrary to your intentions, prove the greater promoter of the book, as it has often fallen out in the like cases.
We beg to inform you that the Prœadamitœ, a Latin book printed beyond sea, and condemned to the fire at Paris and Rome, putting a blasphemous slur on the Bible testimony concerning the creation of man, is lately translated into English, and now printing in London by Francis Leech, of Shoe Lane, and entered at Stationers' Hall. We request its suppression. [1 sheet.]
Oct. 24. Order thereon that the Lord Mayor send for Leech and others, and enquire, and if the book is unfit to be published, stay all proceedings, secure the copy, and report the whole case. [I. 76, p. 343.]
Oct. 24. Council. Day's Proceedings.
1. Order that Strickland and Jones send for some of the Commissioners for sale of the late King's goods, and ascertain the state of the business, and by what rules they will proceed in the distribution of the moneys received out of the Scotch fines; and if they see cause, prohibit the payment of more money till further order, and report.
2. Order,—on a certificate from Auditors Broad and Coe that the Spanish Leiger owes 2,100l. for rent of the house where he has lived 7 years, near Moorgate,—that the Treasury Commissioners direct that, if the money is due, it be paid.
4. To advise his Highness to direct the Commissioners for the French treaty to sign the articles thereof, the French Ambassador having certified his readiness to perfect the same.
5. Jones reports from the Committee on some naval affairs, referred to them Oct. 10.
6. 74. All money falling due to the Treasury (except the monthly assessment) to be applied to the use of the navy, and for provisions for the forces in the West Indies, both at sea and land, deducting weekly 3,000l. for Government charges. The Treasury Commissioners to see this done, and the 3,000l. delivered weekly, according to directions from his Highness. This order to be in force for a year, from 1 Dec. next.
7. Order on Jones' report from the Committee of Council that several persons are willing to lend sums, 14,000l. in all, for present service, that the several sums shall be repaid on demand from the Navy Treasury.
8. Sydenham and Montague added to the Admiralty Committee.
9. His Highness requested to speak with Lord Mayor Pack on this day's debate about the Admiralty.
10. The matter in debate concerning pitch, hemp, tar, and the abatement of the prices of sack and Spanish fruits, and the embargoing of Spanish goods and ships, referred to Desborow, Lambert, Mulgrave, Lisle, and Strickland, to report.
11. Mr. Downing to attend Council to-morrow morning, to give account of his negotiation, and to have notice thereof.
12. The declaration concerning proceedings against delinquents to be brought in to-morrow. [I. 76, pp. 343–4.]
Oct. 24. 75. Capt. Nich. Foster to the Admiralty Commissioners. Thetime of my non-employment having brought me low, I must endeavour a future subsistence. I annex a breviate of proceedings against me, and I enclose certificates of the ministers by whom I, in Barbadoes, and my wife here, were married. I pray an end may be put to the business, or my subsistence will fail. [1 page.] Enclosing,
75. i. Statement by Foster. On 13 Oct. 1639, I was married in Mary Maudlin Church, Old Fish Street, by Mr. Jennings, then minister. On 12 Nov. following, I sailed from London for Hartlepool, and on the 21st, in a violent storm, I was shipwrecked. Being at Amsterdam, I went as assistant to a merchant, and was in the American Islands until 1645, when I left, to follow my own business. I often enquired of my wife, and some said that she was married again, others that she died of the plague, of which she lay long sick in the Pest House.
On 11 Dec. 1647, I married a second time, and on 1 May 1650, was numbered amongst the banished [from Barbadoes], as by their Act of the 23rd of the same month appears, and with Col. Jas. Drax and others, came from thence, and landed at Dover in August following.
Being come to London, I heard that this woman was living and re-engaged, whereupon I was dismayed, and resolving to live from both, I engaged in the service for Ireland.
On 24th of Sept. 1652, the last woman was cast away in the Sea Flower of London. On this news, influenced by friends, affection, and conscience, in August 1654, the frigate then running into the river, I returned to my first wife. I beg consideration. [1¼ pages.]
75. ii. Certificate by Elk. Downes, minister, that Wm. Wildber, mariner, and Eliz. Foster, widow, were married at the Trinity Parish, Minories, Middlesex, 10 Oct. 1647, before credible witnesses. Oct. 10, 1647. [Scrap.]
75. iii. Certificate by Hen. Massey, Rector of the Parish of Philip's, Barbadoes, that Nich. Foster and Mary Barber were married there 11 Dec. 1647. [⅓ page.]
Oct. 25. Order and Declaration of the Protector in Council, for all who have been of the late King or his son's party to depart from London and Westminster and the lines of communication, before 5 Nov. 1655.
His Highness having set down several orders for securing the peace, and committed the care of them to Major-Generals of the counties, to whom all persons who have borne arms against the Commonwealth are to give security for their conduct, to prevent future troubles, and noticing the great confluence of the disaffected to London and Westminster on expiration of the late Proclamation, renews the orders of the late Proclamation. [See 6 July, p. 232, supra.]
For better discovery of plots and disturbances, all appointed to depart, and not detained by imprisonment, illness, or lawsuits requiring their presence, are to repair to their common abode, place of birth, or their parents' abode, and not return before 9 Feb., or before giving security to the Major-General of the county. [I. 76 A, p. 137.]
Oct. 25. Note that the draft was brought in to Council, committed to Lambert, Pickering, Fiennes, Sydenham, and Strickland, Mr. Secretary to assist; read, amended, the blanks filled up, passed by Council, approved by the Protector; ordered to be printed and published, and sent to the sheriffs of cities and counties, with from of a letter to them for its publication. [I. 76, pp. 345–6.]
Oct. 25. 76. Petition of Wm. Penn to the Protector. Being honoured with the command of the fleet in the late American expedition, I returned home without leave, for which I have incurred your displeasure, and this is more displeasing to me than any worldly cross. My heart bears me witness that my return was not through refractoriness against superiors, but for advancement of the service, in giving an account of what would not otherwise be represented.
As I was at first willing to part with all that was dear to me to help forward this Christian design, I would rather never have gone if I thought my return would have made it less hopeful.
I beg release from restraint, on account of my family and my increasing distemper. It is the infirmity of man to err, but the virtue of a prince to pardon error. [1 page.]
Oct. 25. Order in Council—on the petition of Wm. Penn, prisoner in the Tower, in consideration of his acknowledgment of his fault and submission therein—to advise a warrant to the Lieutenant for his liberation, on his giving up to Mr. Jessop his commission as a general of the fleet; and note by Jessop of his giving up the commission, whereupon the warrant for his release was issued. [I. 76, pp. 345,346.]
Oct. 25. Council. Day's Proceedings.
1. To advise a commission to Col. Hum. Brewster to raise and command in Suffolk a troop of 100 horse, on the same consideration as the other Militia lately raised in the several counties.
3. The petition of Rob. Venables read.
4. 77. Order to advise a warrant to pay 5l. to Lieut-Col. Wm. Arnop, from Army contingencies, for fire and candle for the 5 foot companies on guard at Whitehall. With request by Arnop for it to be changed to 15l., 3l. being allowed to each company of other regiments, and also for an order for a barrel of powder, with match and bullet. 1 Jan. 1655–6.
5. Council to meet again at 4 p.m. to receive Downing's account of his late negotiation, and the reading of the declaration concerning the Spaniards.
6. 78. Approval of Desborow's report from the Admiralty Commissioners of the distribution of the victuals to be provided for next year's service, viz.:—
In London 9,000
Portsmouth 5,000
Plymouth 4,500
Harwich 600
Dover 600
Leith 500
Milford 500
Kinsale 800
Total 21,500
7. 79. The Admiralty Commissioners empowered to change any ship in the list of those ordered to be prepared for the State's service for another of equal strength.
12. The form of a letter to be sent to the Major-Generals, read again, the last clause omitted, and ordered to be presented to his Highness.
13. The declaration concerning the Spaniards to be read and considered first thing to-morrow; Fiennes to be present. [I. 76. pp. 344–6.]
Oct. 25.
The Bristol, Spithead.
80. Capt. Robt. Clarke to the Admiralty Commissioners. My sudden return with the 3 victuallers sent to Gen. Blake's fleet, contrary to expectation, is owing to Gen. Blake having left the coast for England before we came to Cascaes on 27 Sept., and is according to an order left by him at Lagos. I have brought over Mr. Wilson, the agent at Cadiz, and two Portuguese churchmen going to France; I shall acquaint the Governor of Portsmouth respecting them. Mr. Dobbin's ship of London also came in our company. We have 11 weeks' victuals, but the ship is very foul. I want orders for the powder, money, and packets I received for Gen. Blake. [¾ page.]
Oct. 25. 81. Capt. Robt. Clarke to the Admiralty Commissioners. I left England on 19 Sept., and arrived in Cascaes Road with the two victuallers on the 27th, but found no order left with the Portuguese. They told me that Gen. Blake was gone northward, so I sent a messenger to Lisbon to enquire of the English merchants, and received answer that he was gone home; that the Spanish fleet lay off St. Vincent, and that the King of Spain had proclaimed war with England on 15 Sept., had put our merchants in prison, and had also seized some of our ships. On this I went to Lisbon myself to enquire further, and understanding that the King's secretary had a letter from Gen. Blake, which was sent to the Governor of Lagos, as also an order to be delivered to the commanders of any English ships that should arrive, I procured copies of both from Barnaby Craford, which I enclose.
I advised with the merchants and masters of the victuallers, and finding danger in going to Lagos, the Spanish fleet lying there, sent to Capt. Dowgon [Dunquam] through Mr. Wilson, the agent at Cadiz, for the original order. I sent the 2 victuallers into Wiers Bay, and plied off to sea, to warn merchant ships bound to Spain, it being the time for the Newfoundland men to come in. I met with some, as also with Capt. Haddock, and hearing that the Martin galley had left England to look for Gen. Blake, I went to look for her, but without effect. On the 5th I returned to Cascaes Road, and on the 8th my messenger returned, and confirmed the news, as we heard of some merchant ships being chased into Faro. Mr. Phillips' ship of London came to Lisbon, but he was a prisoner with his boat's crew and merchants at Trafalgar. Others also came in that had met Algiers and Dutch men-of-war, who acquainted them with the war, and were very civil. I met Jno. Pierce of Bristol, bound for Faro, but seeing the Spanish fleet under Cape St. Vincent, he went back to Lisbon; he said he saw 30 sail on the 7th.
On the 11th we set sail homewards, at which time the Constant Warwick also arrived; he had met 25 sail of French, which we afterwards seeing, chased until dark, when they went into Cascaes Road. We met a ship of London, bound for Faro, which had been taken by some Ostenders, and carried into Vigo, where there were 7 more, which had been taken, including Capt. Sidrack Blake, but order was sent from the King of Spain to clear them all, as he would not own the business, it being done by some governor's order. [1¼ pages.]
Oct. 26. 82. Complaints by John Pimlowe, clerk of Holbeach, co. Lincoln, to Council, against John Hobson:—
(1.) Frequenting alehouses, and getting persons drunk.
(2.) Setting up alehouses by his own authority, without any other justice of peace, and licensing persons of ill-fame.
(3.) Enriching himself by taking fines that should go to the poor of the parish.
(4.) Binding persons to good behaviour, and not returning the recognizances at the sessions, and taking great sums to himself.
(5.) Taking unwarrantable sums on marriages. [2/3 page.]
Oct. 26. 83. Reference thereon in Council to Capt. Fras. Clinton, alias Fiennes, Capt. Wm. Thompson, Hum. Walcott, Richard and Sam. Cust, and Rob. Yarborough. [½ page; also I. 76, p. 346.]
Oct. ? 84. John Hobson to [the said Committee.] Of the 5 charges made against me, I disavow the first 3. In binding persons on recognizances, I have only done what other justices do. As to marriage fees, I take 7 groats, 1s. to the registrar, 1s. to the clerk for his certificate, and 4d. to the clerk of the peace, for the entry in the public registry. If this answer does not satisfy, I beg a full perusal of the evidences against me, and liberty to vindicate myself. [1 page.]
Oct. 26.
85. Petition of John Clarke to the Protector. On 21 Aug. 1654, had 20 bullocks stolen out of his pasture, and next March, Rob. Girling of Barking, Essex, was taken at Thetford assizes, Norfolk, on suspicion of stealing them, and bound over in 40l. himself, and 2 sureties 20l. each, to appear at Norwich assizes, but he fled and did not appear. Begs leave to recover the forfeited recognizances towards his loss. With reference to the Treasury Commissioners, to certify to Council thereon. [1 sheet.]
Oct. 26. Council. Day's Proceedings.
2. 86. A brief statement of Chas. Walley's account for army matters in England, Scotland, and Ireland, certified and signed by the auditors of the Prests, referred to the Admiralty Commissioners, to speak with Walley or others, and report.
3. An augmentation of 62l., granted by the Trustees for maintainance of Ministers, to Rich. Fairclough, Minister of Mells, co. Somerset,—viz., 22l. out of Congresbury, 9l. from Compton Bishop, and 30l. from Cleveden, Parbury, and Tottingham,—approved.
4. Order that—whereas the expenses of the registrar, and other incidental charges of the Commissioners for ejecting ignorant and scandalous Ministers and Schoolmasters, were to be discharged from the profits of the livings during vacancy, but no profits arise because of the speedy presentation by the patrons,—the Commissioners for approbation of Preachers forbear to present anyone to a living so vacated, unless he produce a certificate that he has satisfied or will satisfy the charges, which are not to exceed 1/5 of the value.
5. Order,—on certificate from Thos. Appletree and Walter Elwood, to whom was referred, 13 July last, the petition of the inhabitants of Henley-on-Thames, co. Oxon, complaining of the outing of John Tyler from the office of town clerk, and the placing of an unfit person, John Whistler;—that as there was no reason for outing Tyler, and as Whistler is uncapable of a place of trust, he be removed from the office, and Tyler restored. Annexing,
87. i. Certificate alluded to, asserting that the warden and inhabitants refused to produce their charter to prove that they had the right to out Tyler, or any reason for it; also that Whistler is a Cavalier. Oxford, 20 Oct. 1655. [1 page.]
6, 7. Desborow, Sydenham, Pickering, and Jones, to consider Col. Guibon's return of proposals for compositions in Jersey on the order of 21 Sept., and report. Also to report on what was now proposed by his Highness concerning the people of Jersey, and how it may best be carried out.
8. Also to consider the papers depending concerning Guernsey presented by Mr. de la Marche and Mr. Haviland, and referred by his Highness to Council.
9. Fiennes' report of the draft of a declaration for justifying his Highness's proceedings in America read, and referred back to the Committee, to prepare fit amendments and offer them this afternoon; Mr. Secretary to assist.
10. Order on report on the petition of the mayor and inhabitants of Lincoln,—complaining of irregular proceedings in electing a delinquent mayor, outing the town clerk, and other disorders in the government of the city,—that Commissary-Gen. Whalley, MajorGeneral of the county, and Major-Gen. Berry, on going to those parts, examine the whole matter of those complaints, and certify. Annexing,
88. i. Report alluded to, signed by Mulgrave and Strickland. [2/3 page.]
14. Thos. Simons, Engraver of the Mint and Seals, having prepared a Seal for Council, and for the Councils in Scotland and in Ireland, order that the Seals of Scotland and Ireland be approved, and that a new Seal be made for his Highness's Council, without the word Angliœ in the motto.
15. The petition of Lovell Scot, referred by his Highness to Council, referred to Sydenham, Fiennes, Jones, and Mulgrave, to report.
16. Order,—Mr. Maundy having prepared a mace for Scotland, now presented;—that Mr. Secretary take order for sending it and the Seal to Scotland.
17. Fiennes' report from the Committee, of several clauses to be left out of the Declaration concerning Spaniards, and one clause to be inserted, approved.
18. The clause in a letter from Parliament to the King of Spain, in Jan. 1650–1, wherein they insist on justice being done on Ant. Ascham's murderers, to be printed in the margin of the said Declaration, against the clause concerning his assassination; and the Declaration so amended passed, approved by his Highness, and ordered to be printed and published.
19. The title thereof to be, "A Declaration of his Highness, by advice of his Council, setting forth, on behalf of this Commonwealth, the justice of their cause against Spain."
24. Order,—on consideration of a matter long depending before the late Council of State, on the petition of Huet Leate, merchant, concerning the ship Vineyard, laden in London with merchandize of Nich. Leate his father, and others, of 24,000l. value, which was seized on her voyage to Zante by a Spanish war ship and 3 frigates in the Port of Milo, and not restored, and no satisfaction given, notwithstanding several sentences given in Spain;—that letters of reprizal be granted to Leate against the King of Spain to recover the loss; the Admiralty Judges to pass them under the Admiralty Seal, the usual security being given.
25. 89, 90. Before the Admiralty Judges issue any Commissions of Reprizal against the King of Spain, they must obtain satisfactory security from those to whom they are to be issued. The Admiralty Commissioners to consider the sufficiency of the securities tendered, and report to the Admiralty Judges.
26. An embargo and seizure to be made of all ships and goods here belonging to Spain, and authority given to all our ships to seize Spanish ships and goods accordingly. Desborow, Fiennes, Sydenham, Mulgrave, and Jones, to speak with Dr. Walker about preparing the draft of an order for the above purpose. [I. 76, pp. 346–351.]
Oct. 26.
Navy Office.
91. Navy Commissioners to the Admiralty Commissioners. On your order of the 16th, we have caused a survey to be made of the ships lately returned from America and the Straits, and enclose a statement. We have also given order for the 40 ships mentioned by you on the 23rd to be got ready for sea, and send account of their condition; we think the Andrew should be substituted for the James.
We doubt not but the weight of present affairs is duly apprehended and digested, as in other respects so in the state of the yards, in the number of men established there, if a sudden dispatch be expected; and especially the condition of the stores, and the great charge necessarily required for carrying out of this and other services of a like nature. We have been a long time draining our stores, and making no considerable supplies, and our credit, for want of due payment in late times, is so much impaired, that unless reasonable provision be made for money, whereby former debts may be satisfied in some convenient time, and like compliance be had with future engagements, we shall either not be able to procure what is needful, or if we do, it will be upon most dishonourable and destructive terms. [1 page.] Enclosing,
91. i. Survey of the ships lately come in from the Straits and the West Indies, viz., 8 at Deptford, and 13 at Woolwich, by Chris. Pett, Manlie Callis, and Sam. Raven; 8 at Chatham, by Capt. John Taylor; and 8 at Portsmouth, by John Tippetts and 2 others, 22-26 Oct. 1655. [12 pages.]
91. ii. Account of the condition of 40 ships ordered on Oct. 23 to be prepared for sea. [1 sheet.]
Oct. 27.
92. John Tye to Rob. Blackborne. I write at request of divers gentlemen of this town, to know whether all soldiers that receive a salary ought to be assessed according to their salary. [⅓ page.]
Oct. 30. 93. Petition of Owen Hookes, agent for the Commissioners for Monthly Assessments, co. Carnarvon, to Council. On a warrant from the Army Committee, John Parry, receiver-general for the county, was to pay 1,086l., part of the assessments, to Major Goodrich. This he said he had paid, and converting most of his estate into money, he departed privately to London, and wrote word that he was gone to perfect his accounts at Guildhall. It is found that he is in arrear 4,335l. 6s. 11½d. from 1649 to 1651, and the county is put to untolerable wrong by its re-assessment upon them, 1,086l. being already levied. The Commissioners have summoned Parry in vain, for he goes about and cannot be spoken with. We beg an order to search for him in the houses where he is suspected to be, keep him in custody till he pays his arrears, and seize his estate and goods to the use of the county. [1 page; also I. 92, No. 464.]
Oct. 30. Order for a warrant to the Serjeant-at-arms to apprehend him wherever he be found, and bring him in safe custody before Council. [I. 76, p. 353.]
Oct. 30. 94. Petition of John Sparrow, Rich. Blackwall, Sam. Wilson, Hum. Blake, and Rob. Turpin, Commissioners for Prize Goods, to the Protector and Council. In managing our business with honesty and diligence, we have met many affronts and abuses for our strictness, yet have not complained; but now John Brewer has arrested us at law, because we only allowed him 236 gallons to a tun of sweet wine, he demanding 252; and Giles Vandeput has entered an action for our detaining 1,500l. restored him by the Admiralty Court, as the assignee of an Antwerpian. We beg freedom from these and other arrests, that we may follow the business of the State without interruption, our reputations being very dear to us. 5 signatures. [1 page.]
Oct. 30. Reference thereon by Council to Jones, Sydenham, and Montague, to examine the persons complained of, and report. [I. 76, p. 353.]
Oct. 30. Council. Day's Proceedings.
1. Order—on petition of Rob. Venables, and his acknowledgment and submission therein contained—to advise his release from the Tower, and that he give up his commission as General, and his command in Ireland. The warrant for his release to be acted on as soon as he delivers them to Mr. Jessop. Approved 30 Oct.
2. Two or three of the Committee on the Declaration touching proceedings against delinquents to withdraw, and wait on his Highness for despatch of that business.
3. An augmentation of 50l., certified by the Trustees for maintenance of Ministers to Jos. Hull, minister of Launceston, co. Cornwall, approved.
4. Order—on Sydenham's report from the Committee on Naval Affairs, that the Prize Goods' Commissioners have sold 1,800l. worth of Dutch money which came out of the Red Rose of Amsterdam, on condition of its transport without paying custom—that license be granted to John Ramsey to transport the money in 4 chests, custom free.
5. Our ships to be authorized to seize all Spanish ships and goods, and notice hereof to be given to the Generals at sea, to give order with all speed.
6. This order to be sent to the Admiralty Commissioners, to send it to the Generals.
7. To advise an order for 20l. to be paid to Lieut.-Col. Mill, for fire and candles for the guards attended by Col. Ingoldsby's regiment; and 20l. to Lieut.-Col. White, for the guards kept by the regiment late Col. Goffe's.
8. The petition of Dame Dorothy, widow of Sir Chas. Howard, on behalf of herself and her 8 younger children, 4 sons and 4 daughters, read, and ordered to be committed. [I. 76, pp. 352–3.]
Oct. 31. Council. Day's Proceedings.
1. Order, on a paper offering a discovery of great abuse to the State in sale of the late King, Queen, and Prince's lands, &c., that the Treasury Commissioners examine the matter, consult whom they think fit, and report speedily.
2. Order—on hearing that Manasseh Ben-Israel, a Jew, is attending at the door with some books which he wishes to present to Council, —that Mr. Jessop go out to receive them, and bring them in.
4, 5. To advise that Sir Christ. Pack, Alderman of London, and Lieut.-Col. Salmon be Admiralty Commissioners, and that the commission for the Admiralty Commissioners be renewed.
6. Council to meet at 4 this afternoon.
7. Order on a letter from Gen. Venables—taking notice that he had seen Council's vote of yesterday concerning his enlargement, and is ready to deliver up his General's commission, and to give a resignation of his Irish command; only he has not his commission with him—that, on his delivery to Jessop of his commission as General, and a resignation in writing of his command in Ireland, with a promise to deliver the commission when he can get it, the warrant for his liberation be executed.
8. Order on report from the Committee on the whole matter of fines for compositions imposed on the inhabitants of Jersey—taking note of the moderate proceedings of the Commissioners, and that the total of fines is about 11,730l., whereof nearly 4,000l. was paid to Maj-Gen. Heane—that the fines imposed by the Commissioners on the inhabitants' compositions be confirmed, but that from the fine such sum be abated as any of the inhabitants have already paid to Maj.Gen. Heane, and that all concerned pay up their fines within the time the Commissioners holding the letters patent shall appoint, the late letter from Council to Col. Guibon, Governor of Jersey, notwithstanding; and since it is reported that some have not yet perfected their compositions, power is granted the Commissioners to perfect them till Jan. 1, 1655–6.
9. For the service performed by the Commissioners for Compounding in Jersey, there is to be paid out of the fines which come in, 50l. to Col. Rob. Guibon; 50l. to Michael Lemprière, Bailiff of the Island; and 150l. to Maj. Wm. Harding, who has made several journeys between London and Jersey. The Receiver-General of the Island to pay them accordingly.
10. Order on a report from the Committee on Wine Licenses, that the management thereof be referred to the Customs' Commissioners, who are empowered to proceed therein, and make what improvement they can, with the qualifications and cautions contained in a report from the Treasury Commissioners. Approved 9 Nov. Annexing,
i. Report of the Treasury Commissioners alluded to, addressed to the Protector. On your Highness's reference to us June 20 last, of the proposal annexed, we offer such cautions as we think fit for the better management of the Agency for Wine Licenses, viz.:—
Powers to be given to the Agents for granting Wine Licenses, for the regulation of that affair, whether farmed or not,—
To compound and agree with any persons for keeping taverns for selling wine by retail in England or Wales (except Devon, Cornwall, Exeter), and to grant licenses for any term or number of years not exceeding
Also for dispensations and pardons for offences against penal laws, proclamations, or ordinances against taverns, or selling wine retail, and the penalties and forfeitures thereon.
All compositions, dispensations, and licenses to be confirmed under the Great Seal, by warrant under your Highness's sign manual.
The transcripts of such licenses, &c., to be sufficient warrant for the Lords Commissioners or Lord Keeper of the Great Seal to enter them, being first entered at the Signet or Privy Seal.
The Agents may prepare such licenses, engrossed for the Great Seal, paying as in the last grant to Lord Goring and others.
Such pardons, so passed, to be good, any Acts, ordinances, &c., to the contrary notwithstanding.
The licenses and warrants to pass the Great Seal to be such as in the last grant to Lord Goring and others, 7 Car., with a clause that such grant shall be good against your Highness and your successors.
The Clerk of the Enrolment required to enter all such warrants.
The Agents to discharge from keeping taverns all not paying the rent reserved for such licenses, or not performing conditions agreed.
On surrender or determination of any license, the Agents to grant a new one, on such fines, &c., as they think fit.
The Agents to take bonds and make articles in your Highness's name for non-payment; or on breach thereof, to prosecute in your name.
The Agents to implead in any Court, or by any warrant from the Treasury Commissioners, Lord Treasurer, or Lord Chamberlain of the Exchequer, directed to any messenger or other minister of your Highness, to arrest and imprison for rent, fines, &c., due.
The Agents to levy and take execution of any debts, as the King might have done.
A command to be given that on exemplification of these letters patents, warrants and processes shall be granted out of the Exchequer.
The Agents to reserve so much rent on every license as they think fit.
The Agents not to grant license to anyone who has been in arms against Parliament, unless he has since been in the Parliament's service, and given signal testimony of his affection thereunto, on the witness of 4 credible neighbours, 2 to be justices of peace; and if any such transfer his license to an unqualified person, it shall become null and void.
Clauses beside the before-mentioned to be considered, in order to farming,—
The lessees to have to their own use the arrears of rent and compositions due, and power to compound for past offences.
Your Highness to covenant for accepting security taken by the lessees for rent and prosecution, and for levying the same by process out of the Exchequer.
On payment of the rent reserved from the lessees, all moneys recovered into the Exchequer from guarantees to be delivered out to the lessees to their own use, unless it be accepted and retained for satisfaction of the said rent and arrears.
Receipts or releases under the lessees' hands to be good discharge against any charge of your Highness for rent, &c., due within the time of the lessees' interest, and sufficient warrant to the court to deliver out any bonds or securities in prosecution of the same.
The licenses granted by them to expire with the term of the lease; or, in case they have power to grant licenses continuing after their term, to tie them not to grant any license on a bare fine, without reserving a yearly rent.
Wherever fines shall be taken, the yearly rent thus reserved shall be at least apart of the fine.
They shall leave 5,000l. a year reserved on the said licenses, at the end of their term, payable to your Highness.
A year before the end of their term, they shall give in to the Exchequer Court a book of the licenses, with the rents reserved on them.
Care to be taken to secure the rents reserved.
Mem.—To consider the taverns in London and Westminster. 30 Aug. 1655.
Approved 9 Nov.
13. Order that the Generals at sea be authorised, with the ships under their command, to seize, surprise, and take all the ships and goods of the King of Spain and his subjects, and in case of opposition, to fight with, fire, sink, or destroy them, and slay all who resist. All ships and goods seized to be brought in without breaking bulk or embezzlement, with their bills of lading and other papers, and delivered to Commissioners to be appointed, that proceedings may be taken in the Admiralty Court. The Generals to give speedy notice hereof to all captains of ships under their command. [I. 76, pp. 353–7.]
Oct. 31. Declaration of his Highness in Council, showing the reasons of their proceedings for securing the peace of the Commonwealth, on occasion of the late insurrection.
Oct. 31. After God had so clearly decided the contests with the late King and his party that they were wholly vanquished, and their persons and estates subjected to those whom they designed to enslave, it was hoped they would have been convinced of their errors, and lived in peace, especially if they and their estates were made free from punishment. They were therefore admitted to compound, on terms so easy that many were in better condition than the Parliamentary party, who had to make large payments to maintain the war.
The intention of those who gave them their estates and protection is very different from that of past ages, when loss of life and confiscation were the consequence of defeat in civil commotions. But their reformation, not their ruin, was designed.
Thus after the battle of Worcester, on 3 Sept. 1651, though the party was utterly dispersed in England, and had lost their strength both in Scotland and Ireland, endeavours were made to unite the people and compose their spirits. There was a performance— punctual without a parallel in history—of the articles of war, a court being expressly appointed therefor, and an Act of Grace and Oblivion was passed, whose only object was to follow peace and reformation, and thus relieve the taxes. So great respect was had to this sort of men in the settlement of the present Government that, after 3 Parliaments, they were to be admitted to sit in the supreme councils of this nation.
Many opposed these indulgences, as likely to cause new troubles, but Parliament thought no men could be so resolved in their way that neither the dispensations of God nor the goodness of men could work upon them; but if otherwise, they would be left without excuse, however severe might be the proceedings taken against them. Unless the carriage had been thus tender towards them we could not have used the course we are now obliged to take against them; but they have proved themselves implacable, and never to be drawn from that cursed interest which has occasioned the shedding of so much innocent blood, and almost the ruin of these lands. Therefore we are obliged in duty to proceed in another way, and not, by Articles of War and Acts of Oblivion, to assist our enemies to execute their malice and revenge.
The Act of Oblivion was intended to be answered with obedience; but this failing, it is no longer obligatory. No magistrate should show favour to those who only refrain from outward acts, but remain enemies at heart.
The late King's party have notoriously shown that they adhere to their old principles, and have been all along hatching disturbance by secret assassination or open force. Therefore it will not be thought strange that we have seized many who were not in open arms in the late insurrection, nor that we have laid a burden on the estates of the rest, to defray the charge that they have occasioned.
Though the walks of conspirators are sly and secret, we will set down part of them. Having tried in vain by underhand contrivances to wind themselves into power, they determined to raise a new war. They sent agents to Charles Stuart, with letters of credit and money, to tell him that the nobility, gentry, and bulk of the people were episcopal and of his party, but did not rise with him on his late march from Scotland, because he was believed to have gone upon grounds inconsistent with the constitutions of Church and State; but if he would return to them, they would venture lives and fortunes for his recovery.
This being well accepted, a select Council was chosen, called the sealed knot, who were to reside in and about London, and correspond with others in the nation:—
(1.) To engage all that were in the former wars, or friendly thereto, or discontented, and they were to bring all their tenants, and lay designs for seizing garrisons and strong places.
(2.) To raise a bank of 100,000l. in England, beside Wales, for buying arms and other expenses, for which privy seals were to be sent to several persons in England.
(3.) Charles Stuart was to be maintained, and this has been so well prosecuted, that he has had many thousands a year these past years.
To make their design easier and surer, at a time when all was at peace, and the nation weary of war, they tried, by the assassination of particular persons, to raise confusions and contests, which should give the King's party opportunity to rise. Fitzjames went to the King's eldest son, then at Paris, on this account, and had money given him therefor, but he and John Gerard afterwards joined in that design, the particulars of which are already published.
It has since come to our knowledge that this was not the heady and rash resolution of Gerard himself, but a part of the design laid by the pretended King, and those who conduct his affairs; that he himself spoke both to Fitzjames and Gerard about it, and declared that he looked upon it as the only means to set all his other designs in motion. He refused to speak with Major Henshaw who went to Paris on this design, and conferred with Prince Rupert; but the prince told Charles Stuart, who approved, and would have spoken with Henshaw but from a rumour that Henshaw was sent hence to abuse them. He gave Gerard and Fitzjames precise directions to make no attempt till all his friends were ready in England. Boswell, Pierce, and others, were employed for those assassinations, the particulars of which are too large to set down.
They employed agents to foment discontents, and provoke them to a rupture, on pretence that their liberties were infringed by keeping an army, enforcing taxes, and not calling a free Parliament, and pamphlets thereon were constantly appearing. John Wildman and others managed that business (as they imagined), without the least suspicion of corresponding with the old enemy, and though loose and atheistical in their own principles, they induced betterminded people to join them on pretence of striving for a more pure administration. Wildman was apprehended just as he was dictating to his servant the conclusion of a declaration for a rising, at a time answering to the rising of the Royal party a few days after.
Oct. 31. They intended part of the army in Scotland to mutiny, surprise their generals, throw off their officers, and march to London under Major-Gen. Overton, leaving the rest (already much discouraged by hard service and want of pay) to be devoured by the Scots, there being no possibility of sending timely aid to the garrisons. The Levellers were to bring this to pass, and others who, we hope, did not intend to serve Charles Stuart. Their emissaries pretended that the army thus divided would do much for the business. We will not name lesser things, nor lay to their charge the swarming of those Jesuits who are now croaking amongst us, to seduce men from the truth, though Jesuits quarrel with every form of government.
Their agents were instructed to enquire,—
(1.) The strength of the army in England, Scotland, and Ireland, who have the chief interest in them, and how their officers are affected.
(2.) What are the principal garrisons, especially ports, and whether best to be gained by force or treaty.
(3.) What is the present and intended future strength at sea.
(4.) What are the revenue and expense, and how is the overplus, if any, of expense supplied.
(5.) What is the condition of trade, and if much decayed, what consequences it may draw.
(6.) Whether the Protector is absolute, or has to comply with others; who are his chiefest friends or enemies; who have the greatest power in England; how the people and army are affected to him and the new government.
(7.) What parties are on foot, their strength, principles, and chief leaders, and whether inclined to the present government or conjunction with the King.
(8.) What are the designs of the Protector and government as to war or peace with foreign nations.
(9.) What is done in England and Scotland towards reducing the King's party in the Highlands.
These instructions show what that party was doing. Meanwhile, agents were employed in the West, North, East, Surrey and Kent, &c., and Wales, to plan a time for a general rising. A chief part was to engage the apprentices and common people of London to fire the city, or otherwise prevent its appearing in arms.
Privy Seals were issued for money, treasurers appointed, some money raised, great part of which was discovered and seized, as also arms and provisions bought and sent to the respective counties. Also they solicited foreign princes for men and money to invade this country, and procured some and promise of more, if some strong sea town could be put into their hands, as a place of landing and retreat.
The pretended King was very desirous to come over, as appears by the following letter, written to his party, 16 July 1654:—
"I am wellpleased to hear of your care in my affairs, and the course you resolve to take. I have been so tender of my friends that I would not call on them to appear till I could give them good encouragement from abroad, but that comes so slowly that I will no longer restrain those affections which I most desire to be beholden to. I believe that if those who wish the same thing knew each other's minds, the work could be done without difficulty, and if there were any handsome appearance in any one place, the rest would not sit still, and then I should find supplies from those who now fear to offer them. I would myself be with those who first wished for me, and will therefore keep myself near. Consult with those you dare trust, agree upon a time, and you shall be disappointed of nothing in the power of
Your affectionate friend,
After this letter things went on apace, and the party was so unanimous and resolved that, (as they have acknowledged on their examinations) they thought it impossible for us to prevent their designs. They were so confident that they would not take in the discontented of the Parliament party, whom they might be troubled to get rid of afterwards.
They at first resolved to rise at the horse races, where they and their servants would come well horsed and armed, but were prevented by the prohibition of horse races.
Then they fixed on the rising of the last Parliament, hoping it would be with dissatisfaction, observing that Parliament had insisted on the disbanding of a great part of the army, to which we were not likely to consent, from our knowledge of their designs; but this conspiracy being discovered, many arms and several of the leaders seized, and 3,000 foot and 600 horse brought over from Ireland, they were disheartened. But Charles Stuart having come from Cologne to Zealand to attend the rising, and to come over in person if it answered, and Lord Wilmot, Maj.-Gen. Wagstaff, O'Neale, and others of that party, being actually come over to lead the design, they made their attempt, 12 March 1654–5.
Observing that the body of the army lay about London, they designed to rise first in the West and Wales, then in the North and other remote parts, hoping to draw away the army, and then Kent, Surrey, and London were to rise, and make themselves masters of the city. They reckoned on 8,000 in the North, not fewer in the West, and more than both in these parts, when the army should have left. They intended to seize Portsmouth, Plymouth, York, Hull, Newcastle, Tynemouth, Chester, Shrewsbury, Yarmouth, Lynn, Boston, and the Isle of Ely. The forces in the West were to be commanded by the Duke of York, those in the North by Lord Wilmot, whom they call Earl of Rochester.
The insurrection in the West was bold and dangerous, and in case of success, might have increased to great numbers by the landing of foreign forces, and the seizing of some place of strength, had they not been prevented by the motion of some troops, and diligence of the officers, in apprehending some of the party a few days before, so that it was suppressed by a handful of men.
That of Yorkshire, which the enemy most relied on, failed through our forces marching up and down, and some of them removing their quarters near the place of rendezvous at Hessammoor, whence under Lord Wilmot they were to surprise York, so that they dispersed and ran away in confusion. Also the coming of 300 foot from Berwick disappointed those who had rendezvoused at Morpeth to surprise Newcastle.
In North Wales and Shropshire, where they intended to surprise Shrewsbury, some of the chief being apprehended, the rest fled.
At Rufford Abbey, Notts, another rendezvous, 500 met and had a cart load of arms to arm such as came, but on a sudden panic, they fled and left their arms. The smaller parties who were to seize Chester and rise in Staffordshire and elsewhere were thus discouraged.
Thus this great design, the work of 4 years' contrivance, was defeated, and the cruel and bloody enemy disappointed.
All would have thought that they would have been weary of attempts, and forsaken that cause, but now they are at work on designs here and in Scotland, and have sent agents to procure men and money from foreign states.
It is therefore evident that, unless we would give up all for which so much blood has been spilled, and the hope of reforming this nation from the spirit of profaneness, we must secure the peace by additional forces, the charge of which ought not to be put on those who have borne the heat and burden of the day, but on those who are the occasion of all our dangers.
We have therefore erected a standing Militia of horse in all counties, under such pay as may encourage them, and yet not be burdensome, and laid the charge on such of those who were engaged in the late wars as are able to bear it.
It may seem great severity to tax the whole party, when few have been convicted or detected, in which case their whole estates had been confiscated, but we appeal to all indifferent men whether the party was not generally involved in this business.
No one can suppose that the pretended King would have proposed to land, and Wilmot and Wagstaff would have come over, and men would actually have risen, unless they relied on more persons than those who were visible. The great sums raised could not come out of a few hands. The party kept together, spoke against the wellaffected, and some boasted of a sudden change.
Also the rising was made when only a well-formed power could hope to put us into disorder, Scotland and Ireland being perfectly reduced, differences with neighbour nations composed, and our forces in order by sea and land. Yet neither the apprehension of some of the party, nor the bringing in forces from Scotland and Ireland, nor "the wakeful eye of an army of whose virtue there hath been some proof in times past," could prevent a rising in several parts at the same time. These things show great deliberation and general consent of the party, therefore all must see that the design was general.
If the supreme magistrate were in such cases tied to ordinary rules, and could not proceed against the suspected, there would be no safety from conspiracy. But supposing some are innocent, yet as they avow, and love and glory in the cause, it is but just that they should share in the charge of securing the State against the dangers of which they are the authors. This is agreeable to many precedents, which were intended to terrify men from such attempts in future. It is contrary to our former principles of trying to oblige them by kindness, but we are constrained thereto; and in not doing it, we should be wanting in our duty to God and these nations.
They have laboured to keep separate from the well affected; have had their children educated by the ejected clergy; have married within their own party; have tried to lessen the esteem of the English nation abroad; and having separated themselves from the body of the nation, ought to be at the charge of the dangers they have bred.
But if any wish to leave this confederacy, and can truly say that he has changed his interests, and can show, by good works before the late insurrection, a disclaimer of his former course, and means in future to live quietly, he shall be dealt with according to his integrity; or if any forsake their former interest, and give real demonstrations thereof, we shall more esteem their reformation than desire their harm.
We publish these things chiefly that the well affected may be encouraged, and not suffer themselves to be divided by artifices and factions from that settlement and reformation which every good man longs for. [I. 76 A, pp. 169–181. Printed in Parliamentary History of England, Vol. XX., pp. 435–460.]
Oct. 31. Note that Mr. Secretary reports to Council from the Committee the declaration touching proceedings against delinquents as amended, which was read in parts, several more amendments made, a last clause omitted, passed, presented to his Highness by the Earl of Mulgrave, vice-president, approved by him, and ordered to be printed and published. [I. 76, p. 357.]
Oct. 95. John Smith to John Dirdo. I hear nothing of the cloth you mention, nor can I conceive what way it should come to my hands, but if any do, I will convey it to you by the first ship for Holland if our trade continue open. Endorsed by Sec. Nicolas. Rd 3/13 Nov. My cousin Ned to me. [½ page.]