Volume 153: January 1657

Calendar of State Papers Domestic: Interregnum, 1656-7. Originally published by Her Majesty's Stationery Office, London, 1883.

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'Volume 153: January 1657', Calendar of State Papers Domestic: Interregnum, 1656-7, (London, 1883), pp. 223-258. British History Online https://www.british-history.ac.uk/cal-state-papers/domestic/interregnum/1656-7/pp223-258 [accessed 18 June 2024].

. "Volume 153: January 1657", in Calendar of State Papers Domestic: Interregnum, 1656-7, (London, 1883) 223-258. British History Online, accessed June 18, 2024, https://www.british-history.ac.uk/cal-state-papers/domestic/interregnum/1656-7/pp223-258.

. "Volume 153: January 1657", Calendar of State Papers Domestic: Interregnum, 1656-7, (London, 1883). 223-258. British History Online. Web. 18 June 2024, https://www.british-history.ac.uk/cal-state-papers/domestic/interregnum/1656-7/pp223-258.


January 1657

Jan. 1. 1. Petition of Peter Blake, of Andover, co. Hants, to the Protector. I trusted John Lucas, late of Hungerford, Berks, with goods value 75l. 13s. 2d., but he being in the last insurrection, was condemned at Sarum and executed, so that I must lose the debt without your relief. I beg that those who are to receive the profits of the estate may pay me. [23 pages.] Annexing,
1. i. Certificate by Rich. Blake of the debt. 3 March 1655–6. [Scrap.]
1. ii. Certificate by Col. Wm. Goffe and 10 others to the like effect, and that the debt is still unpaid. 16 April 1656. [1 page.]
Jan. 1. Council. Day's Proceedings.
(The orders marked thus * were approved in person.)
1.* Approval of a certificate by the Trustees for Maintenance of Ministers, that John Goldwyre, now minister of Arundel, Surrey, should have the augmentation granted to Mr. Cuffley, late minister.
2.* Order on the petition of divers inhabitants of Newport Pagnell, co. Bucks, that the said Trustees settle on John Gibbs, their minister, an augmentation of 40l. a year.
3.* Approval of a certificate from the said Trustees for allowance of 20l. a year to the minister of Chattisham, co. Suffolk.
4.* The said Trustees to continue to Allen Geare, now minister of Saviour's in Dartmouth, co. Devon, the former augmentation of 42l. 6s. 2d. a year out of the rent of Painton, and 54l. out of the rent of Mary Church, to be divided between himself and such other able ministers as shall be settled there.
5. The petition of Mary Humphreys, widow, referred to any 3 of Council, to report.
6. To advise his Highness to appoint a tide surveyor.
7. To the order of 23 Dec. last, advising a warrant for 3,300l. to Col. Ralph Weldon, a clause to be added that the warrant shall be without payment of fees, and that his security on the excise is to stand until the money is paid.
8. A certificate from the Trustees for Maintenance of Ministers, for a union between Euston parish and Heythorpe rectory, co. Oxon, and several petitions from the inhabitants of Euston, and papers annexed, referred to Lambert, Wolsley, Fiennes, Lord Deputy, Jones, and Mulgrave, to report.
9. Approval of the certificate of the Trustees for Maintenance of Ministers, for an augmentation of 10l. a year to the minister of North Kelsey, co. Lincoln.
10. Order on a letter from the mayor of Coventry, and — Hopkins, justice of peace for co. Warwick, on Major Walters' arrest and the warrant therefor, at suit of Thos. Skinner [see 25 Dec. 1656], that the Lord Deputy, Lambert, Fiennes, Sydenham, and Wolsley speak with the judges of the Admiralty and Common Law, consider what should be done as to his release, and report.
11. Order—on report from the Committee about alterations in Chipping Wycombe charter, co. Bucks [see 20 Feb. 1656], that the inhabitants of Great and Little Massinden, and other adjacent parishes, have 14 days' time to show cause why a court of record should not be held every 3 weeks at Chipping Wycombe for debts, accounts, &c., in the several parishes.
The clause for serving of process rejected.
The latter part of the report approved.
Counsel-at-law to consider the charter and certify thereon, and Mr. Beck to attend them.
12. The Commissioners on Charters for corporations to take no fees.
13. Strickland, Desborow, Mulgrave, Wolsley, Jones, and Fiennes, to learn if the above Commissioners do take fees, and report.
14. Order—on reading a letter to his Highness from the ViceChancellor and heads of Oxford University, concerning a suit commenced in the Court of Upper Bench, against Dr. Palmer, warden of All Souls, in a case of election of fellows, according to an order of the then visitors of the University—that Fiennes speak to Lord Chief Justice Glynn thereon, and report.
15. The petition of Col. Thos. Willoughby referred to any 3 of Council, to speak with some members of Parliament for co. Warwick thereon, and report.
16*. The petition of Sir Thos. Wiseman, of co. Essex, and a certificate from the county Commissioners, referred to the Major General and Commissioners, to report their advice therein.
17. A paper from Phil. Meadows, concerning the account of 50,000l. from Portugal, of which 600l. remains in Mr. Bird's hands, and the allowance for the receipt thereof, referred to Jones, Desborow, Sydenham, Strickland, and Wolsley, to consider what must be done about the 600l., and what allowance made for the receiving of the money. Also to ask Mr. Bushell and the Trustees for Bishops' lands, &c., whether they have any land that would yield 100l. a year, in order to accomplish his Highness' and Council's order to grant a lease of so much to Mr. Meadows for 99 years; also to see what has become of the lands formerly granted to Mr. Lockyer and since reconveyed to his Highness, and to report.
18. Maj.-Gen. Lilburne to order the receivers of militia money in the counties of his division to pay Maj.-Gen. Chas. Howard 500l. towards arrears to his troops and civil officers in cos. Northumberland and Cumberland, for the year ending June 24 1656. Approved 8 Jan.
19. 2. When there shall be occasion to impress mariners in the Isle of Wight for the fleet, the Admiralty Commissioners, or the press gang under their orders, are to communicate the same to the Governor of the Isle, and with his assistance, to give it in charge to the press masters.
20. Order referring the request of Thos. Andrews and And. Haliburton, merchants of London, to be allowed to export the value of 4,000l. in pieces of 8 to the East Indies, to the Customs' Commissioners, to certify. Annexing,
3. Request alluded to, 15 Dec. 1656. [Scrap.]
22, 23. Mr. Moreland to attend Council next Tuesday, and give account concerning the state of the Protestants in Piedmont, and the Committee for the collection for them to meet him, and receive his account of moneys transmitted for their relief.
24. The petition and papers of Francis Smith, of Chelsea, referred to any 3 of Council, to report.
25. The report from the Committee on Capt. Sheild's information concerning words spoken by Cornet Constable against Lord Claypole to be considered at Council's next sitting.
26. Order—on Lambert's report of the account of money disbursed by Maj.-Gen. Kelsey, for travelling charges for himself and others, sent to bring plate from Portsmouth to London, which Mr. Jessop certified to amount to 230l. 3s. 11½d.—that his Highness be advised to order payment.
27. The petition of Rich. Shalcross, for discharge from the extraordinary tax set on lands mentioned in deeds recited in the petition, referred to the Major General and Commissioners for co. Derby, to settle the matter at their next full meeting. Approved 8 Jan.
28. The petition of Sir Ralph Sydenham, of Youlston, co. Devon, for discharge from the extraordinary tax, referred to the Major General and Commissioners of co. Devon, to consider as to his discharge from further proceedings, and act as they judge meet. Approved 8 Jan.
29. Order on a paper from Lord Nieuport, ambassador from the United Provinces, concerning the Charity of Rotterdam, seized on her way to Bilboa by a State's ship, and brought to Dover—that Strickland, Wolsley, and Jones inquire into the case, and report.
30. The order of 4 Sept. [see p. 97, supra.] about Maj.-Gen. Worsley's widow and children, given to avoid suits or trouble, is not to extend to lands worth 14l. a year purchased by the major since the settling of his estate, but only to the lands in difference between the parties, in respect of the former settlement.
32. Approval by the Protector of 7 orders of 23 and 25 Dec. [I. 77, pp. 604–611.]
Jan. 1.
Navy Office.
4. Navy Commissioners to the Admiralty Commissioners. According to your order of 27 Nov., we have consulted with Vice-Admiral Badiley, and other persons, touching the serviceableness of some pricked wines for making beverage, and think them not proper for use; but we presume the fleet may be supplied with better wines and at easier rates, both from Portugal and other parts. We send a letter from Mr. Longland, who will probably comply in case you give order therein. [2/3 page.] Enclosing,
4. i. Chas. Longland to Vice-Admiral Rich. Badiley. I see by your letters that, with much ado, you had got a peace with Portugal; you may thereby guess what strong affections that King has to us, who is so hardly brought to peace, which I believe will last no longer than it turns him to account. His ambassador at Rome (or to say better, one that would be his ambassador there) has been labouring these 12 months for reception from the Pope, with 6 millions gratuity for him in his hand, but the Spanish party is so strong that he cannot be admitted openly, although the French are in a manner fallen out with the Pope about it; but 'tis said he has been privately received, and the Pope has restored Episcopacy, creating such bishops as the King desires; of so great a poweris his millions. Any indifferent, disinterested man would tax King John's judgment for purchasing the Pope's friendship at so high a rate, and slighting the Protector's although he has it gratis (for I account the money he pays to be a debt, the charge of the fleet in the year 1650), but this is according to the prophetic revelation, "All the world shall wander after the beast, and kings shall give their power or strength unto her until the appointed time." I know not how it may please God to prosper this peace with Portugal, for there has been much dissimulation used by that King, and bloody cruelties even in the very signing of the articles. I doubt he may prove a Benhadad.
I am very sorry for the loss of the Cullen, with so much ammunition, which has prevented your land service. From your first setting out of England, I was always of opinion that such a fleet as yours had a further design than to tack to and again off the South Cape (like the French army of 40,000 men), and to take a port in Spain would have been rather a burden than a benefit, because no part of Spain can yield provisions for our fleet; but a Spanish port in Barbary, such as Oran, or Mamora, methinks had been an enterprise worth your undertaking, where you might have careened your ships, and refreshed and victualled them, and your men. Whether Oran be a good port, I know not; but if it were ours, it would be of great concernment to our nation, for the ships that go and come from Turkey, and I am confident might be made a seat of great trade for the coast of Barbary.
I have been oftentimes thinking to send you a ship of beverage wine, but it would cost 20 dollars the butt, and I suppose you have it cheaper in Portugal; however, if you have the least occasion, upon your advice, I will furnish you with 5 or 600 butts. I am sorry the wine I sent proved sour, and the 2 chests I sent by Capt. Hare proved but one, and that his own too. I sent the General 4 by him also, but never heard what became of them; he may have presented them or part of them in his own name, but I paid the freight for all, and gave him a chest besides to be careful of them, but knavery is so grafted in some men that there is no truth left. Capt. Cox will deliver you a couple of chests of old Saragossa wine, a cup of which, in raw cold weather, will not be amiss; the General may like it, pray deliver him a chest.
We have freighted 2 Dutch ships from Muscovy to bring some caviare and hides from Archangel, which was done for 2 reasons, viz., that we have them for half the freight of English ships and the Dutch give content, and not discourtesies as I received from Capt. Hare. If you or the General should meet them, I beg you will send a frigate with them hither, as 5/Case of Edw. Basse. Losses 13; ths of the caviare belongs to me, and my friend Mr. Smith, and all the Muscovy Company are interested in the hides; so that you will do a courtesy to all, and we will give the captain 100 pistoles. We would rather do this than they should wait 3 days for a Dutch convoy, as these convoys call in all ports, and we want speed. Leghorn, 4 Oct. 1656. [3½ pages.]
Jan. 1.
5. J. Evelyn to the Navy Commissioners. I beg an order for a survey of the sluice adjoining Drake's dock in the State's yard at Deptford, and for its repair; as upon the rising of the spring tide, the water not only threatens the little ground of mine contiguous to the defect, but also the whole level; and if not seen to, the same great and unexpected danger may again occur as happened to the marshes at Greenwich, and our neighbours thereabouts. A small expense will now secure the work, which concerns the public interest as well as private persons. [2/3 page.]
Jan. 1.
Great President, Plymouth Sound.
Jno. Thomson to Rob. Thomson, Navy Commissioner. Hearing of your magnanimity, I become a suitor to you. I was brought up to merchandize, but having lost a considerable estate at sea during the wars, I entered the service, and expected to be entertained by my neighbour, Vice-Admiral Lawson, but was frustrated through his resigning; I then entered the Great President, the master being my friend, and if Capt. Sacheverell had lived, he would have endeavoured my preferment. I officiated in Capt. Fenn's time as his clerk, and being employed about our provisions, had no opportunity to accept his proffer on his removal into the Bristol. Capt. Potter, our present commander, although a gentleman, is a stranger to me, and has others to serve. I beg you to accept or recommend me, as I would rather serve those of my own name. Being sprung from an ancient family in Yorkshire, I will never act anything to their dishonour, and would rather serve those of my own name. [1 page.]
Jan. 3.
7. Petition of Major Edw. Basse to the Protector. You have been pleased to notice my constant adherence to Parliament, and my losses and sufferings, and I am encouraged, by your kind express sions to me and about me to Step. Marshall before his death, to beg a proportion of the small remains of Dean and Chapter lands and fee-farm rents that lie straggling up and down. I have spent many years in attendance, am growing old, and have a wife and 6 children unprovided for. With order thereon that petitioner apply to the Privy Council with particulars of what he wants, and that they consider the case speedily. [1 page.] Annexing,
£ s. d.
7. i. Case of Edw. Basse. Losses by debts owing from the late King's party 18,000 0 0
Loss of a trade worth 1,500l. a year for 15 years 22,500 0 0
Loss of an office under the Great Seal, worth 250l. a year for 2 lives 6,500 0 0
Debts of the late King and Queen, beside the 4,500l. allowed by Parliament 4,085 12 0
He pleads that numerous others have had allowances for offices and debts, &c. [1 page.]
7. ii. Notes on his case that he was one of the first in arms, and had hopes from the late King, from Parliament, and from his Highness, &c.
7. iii. Note of lands, fee-farm rents, &c., from which he requests compensation. [1 page.]
Jan. 3/13. 8. Edw. Norris to Williamson. I wish myself at Paris, where I hope to see you, but I think I must remain here 8 months. I fear to say anything in praise of Blois. [1 page, French, damaged.]
Jan. 3/13.
9. G. Stradling to Williamson. I am glad you received the 110l. I sent, but sorry that our return to Blois failed. The money due to Mr. Norris has been returned to me, and I do not know how to get the remaining 100l. paid at Blois, as I know no merchant that trades there. Thanks for your kindness; I will try to serve you punctually. I cannot hear of Mr. Lowther's having been here. I will enquire further.
I hear from Flanders that the King of Spain having granted free quarter to all that will assist the King of England, there is a great concourse to him of English, Scotch, and Irish, who are well paid, and several regiments are formed. Great assistance is promised by the House of Austria and the German princes, but our intelligencers say they will not be used till the King is ready to pass over into England, both to conceal his strength, and to avoid the charge of paying so large an army. I hear from Sir Rich. Browne and others that the Hollanders are like to quarrel with England.
Last week 400 English soldiers forced their officers, who were carrying them to Dieppe, into Dunkirk. Private affairs.
P.S.—One Capt. Gouldin is come in to the King of England in Flanders, with a ship of 28 guns; a good leading card to the rest of his rough tribe. [2 pages.]
Jan. 3. 10. Grant by Edw. Bysshe, Garter King-at-Arms, to Col. Ralph Cobbett, Governor of Dundee, sheriff for co. Forfar and J.P., of a coat of arms, viz., argent, a chevron hamecté, gules, between 3 ravens proper, with trefoils in their beaks. Crest on a helmet, and wreath of his colours, a raven volant, or, pelleté, in his beak a laurel branch [Draft, corrected, 2 pages.]
[Jan. 6.] 11. Appeal by 7 Quakers, prisoners for conscience sake in Horsham gaol though they have hazarded their lives for the nation, to the Protector. Thos. Patching, Bryant Wilkinson, and John Fursby have been 24 weeks in gaol, committed by justices for owning some books set out by Quakers, and publicly sold, containing an account of the state of regeneration, but no sedition.
Ninian Brocket, committed for refusing to swear at the county sessions, and not doffing his hat.
Nich. Rickman, committed by Thos. Sutton, Mayor of Arundel, for writing a paper containing nothing against the present Government or godliness.
Margaret, wife of Wilkinson, and Frances, wife of Rickman, taken from their children and servants, only for speaking, as moved of the Lord, a word to 2 priests.
We present our wrongs to thee, knowing that when David was King, divers suffered by his officers, contrary to his will, and without his privity, and we hear that thou hast declared that none in this nation shall suffer for conscience. 23 Nov. 1656. With order signed by the Protector, 2 Dec. 1656, that Col. Geo. Fenwick, Major Fenwick, and Thos. Moore, examine whether they were committed to prison according to law, and certify. 2 Dec. 1656. [1¼ pages.]
[Jan. 6.] 12. Information that Thos. Laycock, who engaged his life in the service, was taken out of the house of his friend Nich. Rickman, by Thos. Sutton, Mayor of Arundel, on 10 Nov., sent to the Bridewell as a vagabond, kept 10 days in a damp room, without fire or candle, inhumanly beaten, and his friends not allowed to see him [Scrap.]
[Jan. 6.] 13. Note that Rich. Luckin, gaoler at Horsham, was committed by some of the justices to the house of correction for allowing the said prisoners a little liberty sometimes, and has been there 6 or 8 weeks. [Scrap.]
[Jan. 6.] 14, 15. Reference signed by the Protector of these papers to Lieut.-Col. Fenton, Methuselah Turner, Rich. Eccleston, Rich. Smith, and Thos. Moore, to certify whether the persons have been committed according to law, 5 Dec. 1656; and their report, 24 Dec., that they sat 15–17 Dec., examined the prisoners, justices, gaoler, and keeper, and the mittimuses, and find—
1. Patching committed 21 May 1656, for not giving security for his appearance about publishing seditious books, and for his good behaviour.
2, 3. Fursby and Wilkinson 9 June, for endeavouring to publish scandalous books, and refusing security.
4. Laycock 10 Nov. 1656, to the house of correction at Arundel, as a disorderly wanderer.
5. Rickman 10 Nov. 1656, to Horsham gaol, for not finding securities.
6. Frances Rickman 10 Nov., for misbehaviour and refusing to find sureties.
7. Marg. Wilkinson 16 Nov., for disturbing John Chatfield in his sermon.
8. Brockett 6 Oct., for refusing to plead to an indictment.
9. Luckin to the house of correction, near Lewes, 11 Oct., for suffering great assemblies of people to have access to his prisoners, and disperse seditious books among them, and for setting them at liberty without warrant.
They consider the commitments illegal—
(1.) Because of the insufficiency of the crimes.
(2.) Because the mittimuses do not provide for their delivery by course of law.
(3.) Because they were not brought to trial the next sessions.
(4.) Because the whole process seems to be for matter of opinion in worship, and therefore counsel their enlargement. Signed by Turner, Eccleston, Fenlon, and Moore. [2 papers.]
Jan. 6. 16. Reference in Council of all the above papers to Pickering, Desborow, the Lord Deputy, Lambert, Lisle, and Fiennes, to speak with the certifiers, enquire how the referees pursued their reference, and report. [1 page; also I. 77, p. 612.]
[Jan. 6.] 17, 18. Petition of Rob. Jennings to the Protector. Though I have submitted to your government, yet I was ejected at the visitation of co. Oxon, because I was educated at Oxford when the late King's garrison was in the town, though I was imprisoned for refusing to go upon the guards, and never meddled in the differences between him and Parliament. I have quitted my employment in obedience to your order, but without your help I am ruined, having no maintenance but what I can gain by my learning. With reference, 20 May 1656, to the Maj.-General and county Commissioners of Berkshire, to enquire and report, and meantime to stay further proceedings; and their report that Jennings was ejected in 1648, when very young, but has not offended since, and has a minister's certificate for learning and goodness, and should therefore be examined by the Committee for Approbation of Preachers. Signed by Col. W. Goffe, and 5 others. [1 page.]
[Jan. 6.] 19. Petition renewed to be freed from ejectment, and enabled to serve his generation according to his ability. With reference to Privy Council, 27 Nov. 1656. [1 page.]
Jan. 6. Order thereon that the Committee for Approbation of Ministers examine him, and approve him if they see cause. Approved 8 Jan. [I. 77, pp. 612, 621.]
Jan. 6. 20. Petition of Sir Thos. Vyner and Edward Backwell, goldsmith of London, to the Protector and Council. On 30 Oct. 1656, they contracted for all the Spanish bars, pieces of 8, and plate brought to Portsmouth by Gen. Montague, before seeing them, at 5s. 4d. the ounce for the Spanish assay of 2380, which is to be 18 pennyweights better, and so in proportion according to the fineness marked on the bars; were informed that the Spanish assays were reformed, but this silver was marked 3 years since, and many of the assays upon the bars are found falsified from 1d. to 6d. the oz., and in one great bar, near a quarter of the whole bar. In the whole quantity there were but two bars of the full fineness of 18 pennyweights better, which is 2380, by which finest silver they cannot make 1d. in the ounce towards advance of money and provision; have already paid into the Exchequer 130,000l., being at great charge in procuring and paying interest for the same, for the speedy supply of his Highness. Beg a warrant to transport 10,000l. in pieces of 8, and 50 of the worst bars custom free, without which they will suffer great damage. [1 page.]
Jan. 6. Reference thereon to Lambert, Jones, Desborow, and Sydenham, to report. [I. 77, p. 613.]
[Jan. 6.] 21. Barth. Wormell, deputy-mayor of Lynn, and 4 others, to Gen. John Desborow. Capt. Jeremiah Courtney has had an engagement with a Dunkirk man-of-war on the coast, when the captain and 7 of his men were dangerously wounded. We have had their wounds tended, and beg you to report this to Council, that we may be paid our charges. In times of peace, we traded with those of Flanders, so that they know our creeks, and will spoil our trade, for rich vessels come from London, &c., and there is no convoy. We beg you, as the Dunkirker escaped, and carried away a hoy which was under convoy of the Roe ketch, to take steps for guard of the coast and preservation of trade, as Courtney cannot soon be cured of his wounds. Lynn, 2 Jan. 1656–7. [1 page.] Annexing,
21. i. Information of Fras. Pile, master of the Roe ketch. Particulars of the engagement between the Roe ketch and the Dunkirker, which carried away a hoy of Boston that was under convoy of the Roe. 1 Jan. 1656–7. [¾ page.]
Jan. 6. 22. Order thereon in Council, that a convoy be appointed for that coast, and that the letter of information be sent to the Admiralty Commissioners, to take care for the preservation of trade. [2/3 page; also I. 77, pp. 613–4.]
Jan. 6. 23. Petition of Step. Bownd, minister, to the Protector. I am a great sufferer by the malicious oaths of the malignants, and am ejected by the late Act, though with great reluctance by the Commissioners, and to the grief of many godly Christians, as is known to Lord Rich. Cromwell. I have many testimonies of good conversation and abilities from my neighbours and godly ministers in co. Hants, and I feel a call to preach the Word. I beg restoration at the desire of the people, or leave to labour elsewhere. I shall pray that, having lived amongst us a glorious ruler, you may for ever reign with the King of glory. With reference to Council, signed by the Protector, 27 Nov. 1656. [1 sheet.]
Jan. 6. Order—on the above petition, and on a certificate by Mr. Whitfield and Ellis, ministers at Winchester and others, that the well-affected godly inhabitants of Bursledonne and Hamble have certified in his favour, and desired his re-establishment—that he apply to the Committee for Approbation of Preachers, who are to examine him, and admit him if they find cause. Approved 8 Jan. [I. 77, pp.618, 621.]
[Jan. 6.] 24. Petition of Avis, widow of Fras. Gill, to the Protector. Your Highness referred my petition for my husband's arrears to the Admiralty Commissioners, who found 36l. 15s. 0d. to be justly due. I beg an order for payment, being feeble and past work, and having nothing else to live on. [1 page.] Annexing,
24. i. ii. Certificates by Geo. Payler, surveyor, and Barth. Beale, auditor, that 36l. 15s. is due for Gill's service in the Armoury Office, since 10 Aug. 1647. 27 Jan. 1653–4 and 1 June 1655. [2 papers.]
24. iii. Report by the Admiralty Commissioners that the said arrears are due, but they know not how to relieve the petitioner. 6 Feb. 1655–6. [2/3 page.]
Jan. 6. 25. Reference thereon by Council to Pickering, Sydenham, Desborow, Lord Deputy, Jones, and Wolsley, to consider how the debt can best be paid, and also the case of the late gunners of the Tower, how their arrears are to be satisfied, and to report. [1 page; also I. 77, p. 620.]
Jan. 6. Papers relating to the incorporation of Abergavenny, viz.:—
26, 26a. Heads of a proposed charter for Abergavenny; the portions in brackets were omitted after discussion in Council, and those in italics were inserted by Council; the remainder were passed.
(1.) The town to be incorporated under a mayor, 2 bailiffs, and 12 burgesses, and the first mayor and bailiffs to be justices of peace [during life and good behaviour].
(2.) A court of record to be held every fortnight, or oftener, for actions not exceeding 40l. in value [the fees to be such as in other corporate towns, and reserved to the mayor and bailiffs].
(3.) A recorder to be appointed, to hold sessions with the present mayor, bailiffs, precedent mayor, and eldest burgesses.
(4.) Also a town clerk to be appointed.
(5.) The mayor to be clerk of the market for registration of weights and measures.
(6.) The mayor and bailiffs to appoint an alnager for regulation of cloths made in the town.
(7.) The mayor and bailiffs to be elected yearly on 29 Sept., from the capital burgesses.
(8.) Also 2 surveyors of the bridge.
(9.) The present mayor and bailiffs to be sworn before the recorder and capital burgesses, and all other officers before them.
(10.) The mayor and bailiffs to appoint 2 serjeants for whom they will answer, to keep the town prison, and to execute all processes from the Court, and the present gatehouse, anciently used for a prison, to be the town prison and house of correction.
(11.) The corporation to have the use of the market house or town hall for keeping courts.
(12.) The 2 weekly markets and 3 yearly fairs to be continued.
[(13.) All burgesses to be exempted from juries, except before the justices of assize and general gaol delivery.]
(14.) The town and liberties to be of the same extent as formerly.
(15.) That there be a town seal.
(16.) The corporation to make ordinances for government of the town, not repugnant to law.
(17.) Any refusing to execute office when elected to be fined till they submit; the fines to be to the use of the town, and not to exceed 10l., and the party to be worth 10l. a year in lands, or 200l. in personal estate.
(18.) Any of the corporation to appoint deputies in case of sickness or absence, to be approved by the other burgesses.
[(19.) The mayor, bailiffs, and recorder to see that grain is brought to the market to be sold, and not sold privately, forestalling the market.]
[(20.) The corporation to have the toll of grain, and all that has been accustomed to pay toll.]
(21.) The justices may commit to the town prison for breach of peace, and to the county gaol for felony, murder, treason, &c. Noted as left to be advised upon.
(22.) The corporation may purchase lands in mortmain, value 100l. a year, for the use of the town.
(23.) The first mayor and bailiffs to continue in office till 29 Sept. 1658.
(24.) That there be 2 chamberlains.
(25.) That the mayor be custos rotulorum and coroner for the town.
A proviso to be added, that this charter shall not disable the county justices of peace to act in the town when there, as amply as before. [Two drafts, 2 sheets each.]
26. ii. Wm. Sheppard and Gab. Beck to Privy Council. We present the heads of a new charter for Abergavenny; it contains nothing more than in the charter of 14 Charles, except that there is to be a mayor, and he is to be custos rotulorum and coroner. It should be passed with a proviso for Lord Abergavenny and his heirs, 27 Nov. 1656. [1 sheet]
26. iii. List of the persons approved as the first members of the corporation.
John Rogers, Mayor.
Jas. Harris, Bailiffs.
Chris. Price,
John Hagget, Recorder.
Lewis Harris, Town Clerk.
Edw. Lewis, Chamberlains.
Phil. Morgan, Chamberlains.
Walter Morgan, Capital burgesses.
David Morgan,
Geo. Roberts,
John Stevens,
Nicodemus Simonds,
Thos. Jones,
Chris. Vertey,
Lewis Boddy,
Edw. Lewis,
Phil. Morgan,
Walter Morgan,
John Lewis,
[1 page.]
Jan. 6. Order thereon in Council approving the said charter, and referring it to counsel-at-law, to be prepared if they approve. [I. 77, pp. 614–5.]
Jan. 6. Council. Day's Proceedings.
3. Order—on report by the Lord Deputy that he has spoken with the Lord Chief Justice about Major Walters' arrest—that the former Commissioners speak with the Admiralty Judges, Mr. Skinner attending, and report.
4. Order—on consideration of a writ of habeas corpus from the Upper Bench to the keeper of Carnarvon Castle, for Thos. Pugh and Wm. Jones, prisoners there, to be brought into that court, with the cause of their detention, they being committed by order of the Major General and Commissioners of the county—that Lambert, Fiennes, Jones, Desborow, and Sydenham, learn the ground of their committal, speak with them and the Chief Justices of the Upper Bench, and report.
5. Order—on Fiennes' report that, according to order, he spoke with the Chief Justice of the Upper Bench concerning the suit against Dr. Palmer, warden of All Souls, Oxford—that Fiennes, Lambert, Jones, and Sydenham, speak with Dr. Owen, Dr. Palmer, or some other member of the University, according to the purport of this day's debate.
10. The report in the business of the Marlborough Charter to be considered first next Thursday.
11. The petition of Edward, Earl of Meath, referred to the Irish Committee, to report.
12. Order—on Strickland's report from the Committee on the Dutch ship Charity [see p. 226, supra], laden with salmon and herrings, which was taken and brought by the Oxford to Dover, and on a report from the Admiralty Commissioners—that she be allowed to proceed on her voyage.
13. To advise an order to the Treasury Commissioners to pay from the receipts on Sir Thos. Vyner and Mr. Backwell's contract for the prize plate and money brought from Portsmouth, 10,000l. on account to the War-treasurers, towards payment of forces in Ireland.
27. 14, 15. Order that as on 1 Oct. last [see p. 120, supra] 40,000l. was ordered for Ireland, Council advise that 10,000l. of it be sent speedily from the money to be paid in by Vyner and Backwell, and 20,000l. from the moneys designed for the forces, to be sent by waggon to Chester, and thence transported in a fit ship, which the Admiralty Commissioners are to order, to Dublin. Approved 8 Jan.
17. Order—on report from the Committee on the petition of the merchants and owners of the Report, complaining that she was accidentally sunk by the Ruby frigate, and that Thos. Horth, who was principal owner, has been much impoverished by this and other losses—to advise an order to the Treasury Commissioners to pay 1,000l. to Horth out of prize ships or goods' money, other than those brought in by Gen. Montague.
18. The report of Maj.-Gen. Goffe and other referees on the petition of Rich. Norton, concerning the lodges of 3 forests in co. Hants, with the papers annexed, referred to Lambert, Wolsley, Lord Deputy, Jones, Sydenham, Strickland, and Pickering, to report.
19. Order—on petition of Jo. Stocks to be restored to the capacity of preacher, and on certificate from Maj.-Gen. Lilburne and other Commissioners for co. York, certifying the returns made to them from fellow Commissioners adjacent to the petitioner's residence, concerning his peaceable disposition and fitness for re-admission to the ministry—that Strickland consult Maj.-Gen. Lilburne about him, and report further.
20. Order to advise payment to Maj.-Gen. Kelsey of 419l. 16s. 6d. certified to be due to Capt. Cadwell's militia troop in Kent, from midsummer till the order for their disbanding last December.
22. Order on report from the Committee on Sir John Temple's petition, that 300l. be paid him for the present out of the public treasury in Ireland by the Lord Deputy and Council, and that the residue of the money due on his account be respited till he is heard, and till a more convenient time for further satisfaction. Approved 3 Jan. Annexing,
28. Report of Col. Mackworth and Viscount Lisle on which this order is founded. [1 page.]
23. The Committee's report on Capt. Nary's petition to be considered next Thursday.
29. 24. Order—on considering the letters and depositions relating to the wreck of the Two Brothers on the coast of Ireland, and the defectiveness of the Sapphire, bound for Jamaica—that the cases be referred to the Admiralty Commissioners, to take further evidence, confer with Mr. Noel and others as to the loss sustained by the State thereby, and report.
30. 25. Order to the Admiralty Commissioners to appoint a convoy for 100 leagues for the Plain Dealing at Kinsale, taken up for Jamaica in place of the Sapphire, which is defective, and to give notice to Lord Hen. Cromwell of this direction.
26. Next Thursday Mr. Moreland is to give Council an account of the whole proceedings concerning the Protestants in Piedmont.
27. Mr. Secretary to consider what part of Moreland's transactions in the above matter should be communicated to-morrow to the Piedmont Commissioners, and Moreland to communicate accordingly what part Mr. Secretary advises.
28. Order on a report from the Army Commissioners on the petition of Wm. Tills [see 11 Dec. 1656], ordering him the pay due to him for 32 days as surgeon, on the musters of 2 and 30 June, and 28 July 1651. Approved 8 Jan. [I. 77, pp. 611–620.] Annexing,
31. Report alluded to, 25 Dec. 1656. [2/3 page.]
Jan. 7.
32. Sir Fras. Norris to Williamson. I wonder at having no receipt for the 50l. My wife and I want Ned home this March. I hope he understands French well; since he left you, we have not heard so often, which is a great trouble to us. Has Mr. Whorwood come over ?. [1 page.]
Jan. 7/17. 33. Chas. Perrott to Williamson. We have now arrived at Paris, after being much cheated by the zealous reformists, under cloak of religion, especially at Montauban. I suppose you have the news of one Naylor, a Quaker in England, who pretended to be the Messiah, and carried about with him 12 apostles, and 2 sinful Magdalens; but that fancy will be jerked out of him by his sentence. I wish his apostles the same persecution. Two of that set lately passed by Paris, and were found starving in the streets, but some English gentleman, not knowing that religion, relieved them. They said they were ambassadors from the Lord to the Duke of Savoy, and despaired not of the gift of tongues, for the Lord had told them they should have success.
The King is providing a ballet without ladies, on account of Mdlle. Mancini's death. Levies go on in Flanders for 5 regiments; the Irish are sent for, but Mar[shal Turenne] cries No, and has ordered the contrary. [1 page.]
Jan. 8. 34 Hum. Robinson to Williamson. I hope you had a bill at double usance on Mr. Cresset for 221 crowns. I hear no more of your bookseller. Calander's landlady will not pay that petty debt without an order. Mr. Lowther is well, and expects to hear from you. Sir F. Norris was at my shop yesterday, and is uneasy at not hearing. Lamplugh is attending at Whitehall about a better living near Reading.
The Protector and Parliament do not agree, which may shorten their sitting. It is whispered that France and Spain agree, so we should then be engaged more than ever. Private affairs. [2/3 pages.]
Jan. 8. Council. Day's Proceedings.
1. Approval by the Protector of 12 orders, 23 Dec. 1656 to 6 Jan. 1656–7.
4. Order on report from the Committee on Mr. Maidstone's desires concerning his Highness' household expenses, that the Treasury Commissioners advance him, out of what comes in on Vyner and Backwell's contract for prize plate, &c., from Portsmouth, part of the 16,000l. ordered by his Highness' warrant for the quarter beginning Dec. 16.
5. To complete the rest, viz., 12,000l., 1,000l. is to be paid weekly from the profits of excise and customs, and for the future payment of 16,000l. a quarter, 4,000l. to be paid at the beginning of the quarter from the Exchequer, and the rest by 1,000l. weekly from the excise and customs; Sydenham, Jones, Desborow, Strickland, and Lambert, to consider and consult with the Admiralty Commissioners how the said weekly 1,000l. may best be settled.
7. The translation of a paper from the Venetian agent to his Highness read, and the draft of a letter to Sir Thos. Bendish, ambassador at Constantinople, considered and debated; Fiennes, Lambert, and Lisle are to amend it, and report.
10. The Admiralty Judges to see that M. Le Conte de Charrot, governor of Calais, has justice done him, concerning his assistance in taking a prize ship.
11. The question whether the report on the petition of Wm. Paul [see 2 Dec. 1656] should be further referred passed in the negative.
12. Order that the business of Paul and Waller be considered on Thursday.
35–37. 13. Order that—as his Highness has appointed Abr. Barrington to be one of the 2 auditors of prests and foreign accounts, he being thereby appointed to take the accounts of the navy, with a salary of 500l. a year, payable quarterly by the Navy Treasurer—a warrant dormant be issued for payment of the said salary. With the warrant suggested from the Admiralty Commissioners 11 Feb. Approved 17 Jan.
14. Order on petition of the inhabitants of Haverhill, cos. Suffolk and Essex—that as the town is an old market town of great trade, and very populous, and the vicarage profits for the minister only 50l. a year, an augmentation may be settled on Geo. Moxon, the minister—that the Trustees for Maintenance of Ministers settle a fit augmentation accordingly. Approved 17 Jan.
15. Approval of an order of the said Trustees of 20 Nov. last, granting an augmentation of 100l. 13s. 0d. to Wm. Parish, minister of Darlington, co. Durham. Approved by the Protector 17 Jan.
16. The petition of the jury for the Court Leet and Court Baron in East Greenwich Manor, co. Kent, directed to Lord Commissioner Whitelock, as high steward of the manor, concerning the defectiveness of the great wharf adjoining the great manor house there, referred to any 3 of Council, to enquire into and report.
17. The petition of several serjeants' deputies, that the horses and goods late of Francis, the highwayman, since executed, which were seized by the petitioners, may be bestowed on them in reward for their danger run in apprehending him, referred to a Committee, to learn what the goods are worth, and whether any mesne lord is interested therein, and to report.
18. Order on report from the Committee on Capt. John Nary's petition—that he, as captain of a troop of dragoons, raised in co. Cumberland, was in 1650 commanded to march into Scotland; that the troop, understanding that on their march a month's pay was due in advance, according to an Act of Parliament, mutinied for nonpayment, and petitiouer had to pay the non-commissioned officers and soldiers 280l. out of his own pocket, which, with the 18l. 13s. 4d. due for his own month's pay, makes 298l. 13s. 4d. due to him— that the said sum be paid him out of such part of the 150,000l. assigned for payment of army arrears for Scotch service, between 20 May 1650 and 20 Oct. 1651, as was received by Sir John Woollaston and the other late Treasurers, and is now in their hands, and that the Army Committee give orders accordingly. Approved 17 Jan.
19. Order that John Normanton, sen., of Speenhamland, co. Berks—who attended Council when summoned on the petition of Rich. Brambly, but has left the country without leave of Council, and has not returned—be summoned to attend Council forthwith to answer his contempt, and also charges against him by Brambly.
21. The Earl of Rothes to have liberty to repair to Scotland for managing his private affairs for 3 months, reckoned from the expiration of the time formerly allowed him, on renewing his bond before the Lieutenant of the Tower. Approved 17 Jan.
22. The business of Mr. Rushworth and Mr. Rowe, registrars of the Admiralty, concerning moneys received by the deputy-registrars between Mr. Wyan's death and the date of their patent, to be considered at the next sitting of Council.
23. The draft of an order concerning the Trustees for confiscated estates in Scotland to be read at the same time.
38. 24. The Admiralty Commissioners to consider whether it would not be convenient to appoint a consul at Tituan, on the coast of Barbary.
39. 25. Lord Falconbridge to have liberty to go into France with his servants and necessaries, and the Admiralty Commissioners to appoint a fit vessel for him. [I. 77, pp. 620–27.]
Jan. 12. Council. Day's Proceedings.
(The orders marked thus * were approved in person.)
1. The examinations of Toop and Cecill read.
2. Next Thursday (Jan. 15) appointed to return praises to God for His mercy in the preservation of his Highness' person and otherwise against the designs and attempts lately discovered.
3. Mr. Caryll, Mr. Sterry, and Mr. Hooke to assist therein, and Mr. Secretary to give them notice thereof.
4. The Attorney-General, Solicitor-General, Attorney of the Duchy, and Recorder of London to be here to-morrow afternoon, to speak with a Committee of Council on to-day's debate, concerning matters contained in an examination now read, and the said Committee, viz., Wolsley, Jones, Pickering, Sydenham, and Lord Deputy, to assist them therein.
5. To report to Parliament the examinations of Toop and Cecill.
6.* The Attorney-General to order proceedings against Col. Ed. Sexby next term in the Upper Bench, and the above-named Committee to speak with him thereon.
7.* Order on information that several who have been in the Irish rebellion, and others of debauched conversation are admitted into the army—to advise an order to the officers of the army to enlist no Irishmen as subordinate officers or soldiers, or continue such in the army, nor any swearers, nor any who have borne arms against the State and not given signal testimony of their good affection; and to order the several captains, on pain of losing their places, to examine the men in their respective regiments, and remove all such as appear to come under the above exceptions, and enlist in their places none but sober and loyal men; the Colonels to see that these orders are executed at once, and the captains to report their proceedings monthly.
8. On information that the Lord Mayor was attending at the door, he was called in and consulted on what was in debate concerning Mr. Feake.
10.* Whereas John Swinton, one of the Council in Scotland, is also a Commissioner for administration of justice in Scotland, order that besides his salary as member of Council, he have 300l. a year as Commissioner, and the Council of Scotland to issue warrants for its payment.
11.* David Jenkins, now a prisoner in Windsor Castle, to be discharged, and allowed to come to Gray's Inn. [I. 77, pp. 627–629.]
Jan. 13. Council. Day's Proceedings.
(The orders marked thus * were approved in person.)
1. Approval of a certificate from the Trustees for Maintenance of Ministers, that on an order from the Committee for reformation of Universities, they paid an augmentation of 35l. a year to John Tabor, late minister of Hursley, co. Hants, who has since removed, and think fit to continue it to Walter Marshall, his successor, an approved preacher. Approved by the Protector 17 Jan.
2. The quorum of the Committee of Council appointed by yesterday's order to speak with counsel learned to be two, and Strickland added to the Committee.
3, 4. On report from the Committee on the petition of several doctors of physic in Scotland, after several proceedings in the case, and hearing the Provost of Edinburgh on the city's behalf, and Dr. Purvis for the petitioners, that the Provost and the doctors have come to an agreement, which was now presented in writing under both their hands:—Order that his Highness' counsel learned prepare the draft of a patent according to the purport of the said writing, and certify the same to Council.
5. An additional instruction for the Council of Scotland, reported by Lambert, read, viz.:—
6. Whereas by the 10th Article of the Instructions to the Council of Scotland, the said Council or any 5 of them are empowered for 6 months to charge certain receipts in Scotland for payment of salaries for the judges, sequestration commissioners, and other officers, for defraying the charges of administration of justice, and for contingencies, and this power was continued 6 months longer by order of his Highness and Council of 29 Feb. 1655–6, but is now expired —order that the same power be continued to the said Council or any 3 of them, till further order.
7. His Highness advised to agree to and sign the above instruction.
8. The petition of Peter de Beauvoir, bailiff of Guernsey, authorized by the Commissioners appointed by Council in that island concerning the estate of Henry de Vic, referred to the Treasury Commissioners, to report.
9. A paper signed by Col. Bingham, governor of Guernsey, and presented by Peter de Beauvoir, concerning the observation of the Sabbath Day, and a matter referring to the Court of Justice there, referred to Rous, Wolsley, Lisle, Strickland, Lord Deputy, Skippon, Mulgrave, Desborow, and Lambert, to report.
10. A letter from the Admiralty Judges concerning the Charity of Rotterdam read.
11. Order—on report from the Treasury Commissioners on his Highness' reference of the petition of Francis Smith, of Chelsea, showing that Gualter Frost, deceased, and the petitioner, buying of Thos. Fisher in 1642 half the ship Bennett of Sandwich, for 250l., paid him 100l., and gave bond to pay the rest within 3 days after notice of her arrival at Dublin, whither she was bound with provisions for the State; and that—though it appears by acquittance that the petitioner paid Fisher 75l. for his half of the remainder and received from him full discharge, and that probably the other part was fully paid by Frost,—Fisher has demanded it from Frost's relations, and proceeded against Smith so far at law as to seize his goods and try to take his person in execution, on pretence of the said debt, alleged to be 60l. and upwards—to advise an order to the Treasury Commissioners to pay Smith 60l. for his loss by proceedings against him, as the ship was in the State's service; and to recommend the Attorney and Solicitor General to assist Smith in the Chancery Court, if fit, for relief against Fisher.
His Highness present.
12. Order—on report from the Council of the heads of a charter for the corporation of Marlborough, as prepared by Mr. Shephard and others of the Committee on Charters, and on a report from Shephard and Beck, which were read, and a few amendments agreed to—that the Attorney-General peruse the heads as amended, and prepare the draft of a charter in accordance with them.
13. The Committee on Charters to consider a draft charter prepared by Mr. Shephard for Leeds Corporation, and report.
14. In the charter for Woodstock Corporation, a clause to be inserted for 2 additional fairs to be held on the days desired on behalf of the town, and another clause for electing one burgess for Parliament.
15.* The Major General, and any 3 Commissioners for co. Essex now in town to consider Sir Thos. Wiseman's petition and certificate, and report their advice.
16. A report from the Treasury Commissioners on a reference of the petition of Jos. Beverley, referred to Mulgrave, Desborow, Lambert, Strickland, Lisle, and the Lord Deputy, to consider the report and case, speak with some of the Yorkshire gentlemen, and report.
17. The Admiralty Commissioners to consider a paper entitled "The "State and Condition of the Pensioners and Patients of Ely House and Savoy Hospital, in relation to their weekly allowance," concerning an arrear of 5 weeks' pay, viz., 3,675l., enquire into the case, and report their advice.
18.* Order on petition of the inhabitants of Kenilworth, co. Warwick,—that the town contains 250 families, and is supplied by Mr. Woodhall, a godly minister, whose maintenance is 50l. a year— that the Trustees for Maintenance of Ministers settle on Kenilworth an augmentation of 60l.
19. Order—on report from the Admiralty Commissioners, on an order of Dec. 24, 1656, of a list of ships at sea and in port, and that a large sum will be wanted for their repairs—that Desborow, Lord Deputy, Sydenham, and Wolsley, consult with the Admiralty Commissioners, and report their advice as to what should be done.
His Highness withdrew.
21. Order that on payment of the fine mentioned in an order of Nov. 13, 1656, on the petition of the creditors of confiscated persons in Scotland, the Trustees named by the Ordinance for settling estates of excepted persons in Scotland be discharged for all matters relating to the said estates, wherein they have acted on this Ordinance or on the Ordinance of Pardon and Grace. Also that on exhibiting their accounts to the Council in Scotland for moneys they received from estates and disbursed to creditors or others to whom it was due, the said accounts are to be audited, and the Trustees to have full discharge given, and that Council allow the Trustees fit payment for their services out of arrears of rents due; and if these are not sufficient, report. Approved 17 Jan.
22. The draft of a commission prepared by and directed to the Treasury Commissioners, according to his Highness' Commission for Discoveries of May 23, 1656, to be considered at Council's next meeting.
23. The petition and papers of Sir James Hope, for himself and many poor workers about his mines at Leadhill in Scotland, referred to the Scotch Committee, to report.
24. Lord Ogilvy, now a prisoner in the Tower, to have liberty to go into Scotland, and stay till further order, on giving security to Sir John Barkstead, in bond for 20,000l., with approved sureties, to give himself up to the said Lieutenant of the Tower, or at any other place in Scotland which he shall appoint, within a convenient time after notice, and meantime to act nothing against this State, and the lieutenant to carry this order out accordingly. Approved 17 Jan.
25. Order that Capt. Thos. Constable have the benefit of his order of 16 April 1656, to receive 4,348l. 15s. due to him for arrears from ½ of the discoveries he has made or shall make.
26. A grant being made to Col. Thos. Ceely of a lease of Barton Manor and several lands in South Milton, cos. Devon and Cornwall, which he has discovered to be concealed, but which of right belong to his Highness, and he has this lease to try the State's title, which will inolve much expense:—Order that the lease pass gratis, without payment of fees. [I. 77, pp. 630–636.]
Jan. 13.
40 T. Lamplugh to Williamson. Your absence [from college] is dispensed with till Michaelmas, but come sooner if you can. I hope to put you on the first roll for election of fellows. Clem. Ellis and Tim. Halton will be candidates. Private news. Play your cards so that you be no loser by Mr. W[horwood]. Pay yourself, if you can, in France, for little hopes of anything here; his father is the same as he was. [1 page.]
Jan. 15. 41. Hum. Robinson to Williamson. Sir F. [Norris] and his lady are content with their news. Private affairs. M. Lerpiniere has left out of his bill Calvin's works of 9 vols (which I have promised and must have, though I pay him a little more) and other works. I want them, and will send the money for them when the ship comes from Nantes.
Parliament has adjourned for a week, on account of the illness of the Speaker; all the members were summoned to be here this week or forfeit 20l. a man. Though Parliament has been so moulded, and so many made incapable, yet Whitehall's expectations are not answered. Here has been "Pray and fast," both at Whitehall and the House. We hear our fleet is not successful. Last week a plot was discovered; in the chapel in Whitehall were trains of powder, and other combustibles to fire it, and meantime some desperadoes were to assassinate the Protector. Part of them had taken a house in the road to Hampton Court, whence they were to shoot him with a blunderbus which will carry 30 or 40 bullets. Some are in custody, being discontented army officers and fifth monarchy men.
Nayler at last was sentenced by Parliament, whipped and bored through the tongue here, and now sent to Bristol, where his blasphemies were committed, to ride to the horse's tail through the city, and then to be whipped. The Protector wrote a letter for some moderation, but the House would not hearken to it. We are yet in a doubtful condition, for I think they will not enlarge the taxes. If so, we must strike sail. With French note to M. Lerpiniere, bookseller, about the books omitted, which are wanted. [1⅓ pages.]
Jan. 17. Approval by the Protector of 4 orders, 23 Dec. 1656 to 13 Jan. 1656–7. [I. 77, pp. 636–7.]
Jan. 20. 42. Petition of Joanna Scott to the Protector. My husband [Wm. Scott, auditor of imprests in the Exchequer?] has lost by his own fault the office you granted him, which would have maintained me and our child. You, noticing our destitution, gave me an annual maintenance, and this emboldens me to ask, not as a right, but in mercy, the arrears due whilst my husband held the office. [1 page.]
Jan. 20. Reference thereon by Council to the Treasury Commissioners. [I. 77, p. 638.]
Jan. 20. Council. Day's Proceedings.
(The orders marked thus *were approved in person.)
1*. The petition of Nicholas Lord Deincourt referred to the Treasury Commissioners, as also the petitioner's case annexed, to examine if the prosecutions against his estate complained of are the same as those from which he was formerly discharged, and to report.
2. Order—on report from the Committee on a paper signed by Capt. Wm. Sheild, concerning words spoken by Jeremy Constable, cornet in Col. Brook's militia troop, in co. Northampton, reflecting on Lord Claypole's honour, and on reading Constable's examination, taken on Dec. 25, 1656—that his Highness be advised to call in Constable's commission as a cornet.
43. 3. Reference of Thos. Scott's demand about the Barge House, Lambeth, to the Admiralty Commissioners, to examine whether any, or what allowance should be made him, and whether in a gross sum or a yearly rent.
5*. The Treasury Commissioners are next Thursday to certify to Council their report on Robert Mason's petition.
7*. The said Commissioners to report this day week on what was referred to them on 17 Dec. concerning Sir John Penruddock's estate, and meanwhile to stay all seizure of the said estate.
8*. Approval of an order of the Trustees for Maintenance of Ministers, for an augmentation of 50l. to the minister of Bissiter, co. Oxford, he being approved by the Committee for Approbation of Ministers.
9*, 10*. To recommend the Trustees for Maintenance of Ministers to settle augmentations of 40l. a year on the minister of Stunsfield, co. Oxford, and 50l. on the minister of Eltisley, co. Cambridge.
11*. On report from the Committee of Council on a certificate from the Trustees for Maintenance of Ministers, concerning a union between Euston and Heythrop parishes, co. Oxford, and a petition from the inhabitants of Euston against the union, on account of the distance between the churches, yet as the whole matter has been examined, and the union recommended by the Commissioners appointed to enquire into its advantages, and as the said Trustees desire it—order that the union be confirmed according to the above report. Approved 23 Jan.
12*. The petition and papers of Dr. Anthony Tuckney, reader of the Public Divinity Lecture at Cambridge,— praying that the sinecure of Llan-Rayder Amoughnant, cos. Denbigh and Montgomery, may be settled on him and his successors to the Divinity Lecture,— referred to the Trustees for Maintenance of Ministers, to report.
13. Order—on Mr. Secretary's report from the Committee to speak with counsel learned concerning the way of proceeding on matters contained in the examination about the late plot against his Highness' person— that the trial take place forthwith in the Court of Upper Bench, and that the counsel learned prepare what is to be done, and Mr. Secretary consult with them.
14. Next Thursday the report concerning the salaries of the officers attending the Court of Articles to be considered.
His Highness withdrew.
15. To advise his Highness to order that the Articles of Peace concluded between him and Portugal be published by proclamation next Saturday, where and how it is usual in such cases, and that the heralds attend the service, and also the serjeants-at-arms, with their maces, and the trumpeters.
16. Order that a report from the Treasury Commissioners about moneys unpaid in when Sir Chris. Pack, Ald. Avery, and others were Commissioners of Customs be considered on Thursday.
17. Order on Desborow's presenting to Council 3 reports from the Admiralty Commissioners—one concerning 40,000l. for present supply of naval affairs, one concerning the building of 6 new ships, and one concerning Spanish prisoners— that Desborow, Lambert, Lord Deputy, Sydenham, and Wolsley consult with the Admiralty Commissioners, and report their advice.
44 18. The Admiralty Commissioners to consider the case of Susanna Gawdey, of Wareham, co. Dorset, whose husband died in the American expedition, as set forth in her petition and papers, and allow a pension for her and her children if fit, or report.
20. The petition of Robert Worrall, keeper of Grettam Lodge in Rockingham Forest, co. Northampton, for charges due for his service in apprehending 4 coiners by order of Maj.-Gen. Butler, referred to Pickering, Jones, Sydenham, and Strickland, to report.
21.The Irish Committee to consider the case of Col. Owen Rowe, and the order of the Lord Deputy and Council in Ireland made thereon 28 Jan. 1653–4, and to report.
22. On report that John Boatman, minister of Norwich, whose case was referred 23 Dec. last to Maj.-Gen. Hezekiah Haynes and the Commissioners for ejecting scandalous Ministers, has not prosecuted his reference, but has preached at Norwich, pretending authority for so doing;—order that the said Maj.-General and Commissioners, or any 5 of them, of whom 2 are to be ministers, examine the whole business of the charges against him, and report, and meantime he is to forbear preaching.
23. As on 27 Nov. last, the 3 new raised companies under Col. John Hewson were ordered to march and be paid with the 6 new raised companies under Col. Rob. Guibon, but it has since been decided to continue Col. Hewson's own company here:—order that the Army Committee issue warrants for its payment accordingly, and for the payment of the 13 Irish companies in England as formerly. Approved 23 Jan.
24. The number of aldermen in the corporation of Marlborough raised from 5 to 8, who are to be those persons that have borne the office of mayor, viz.;
Thos. Hunt.
Wm. Bissett.
Thos. Bayly.
John Bayly.
John Keynes.
Thos. Munday.
Wm. Gough.
Rob. Clements.
The first 5 who were named in the former resolves to be justices of the peace.
In the clause of the former resolves authorizing the mayor to execute all ordinary processes, and to have the return of all writs in the borough except executions, that exception to be omitted. [I. 77, p. 637–643.]
[Jan. 22.] 45 Petition of John Light haberdasher, of London, and James Light, ironmonger of Sarum, to the Protector. Our father, John Light, was collector of Green wax 2 years since, under Mr. Cole, then sheriff of co. Somerset, and became bound with others for payment, but fell 400l. in arrears. We have paid and secured 200l., wishing to cover anything that might reflect on our father, but the other 200l., most of it due to Sir Wm. Bronker's office, is a burden above our power, as we are young and have families, and our father left us nothing, so that without your clemency we must perish. We beg you to authorize the Treasury Commissioners to treat with Bronker for our discharge, if possible, from the 200l., and to report. With proposal of an order to the Treasury Commissioners to discharge the petitioners' debt of 147l. due to Bronker's office, to be abated from Bronker's rent, and to discharge them of other debts to Wm. Cole, late sheriff, not amounting in the whole to more than 200l. With note that his Highness wishes first to ascertain the opinion of the Treasury Commissioners. 16 Dec. 1656. [1 sheet.]
Jan. 46 Report by the said Commissioners that John Light, sen., owed 147l. for issues of jurors, and 50l. more which should have been paid to the late sheriff; that the sons are Godfearing men, but of small estates, and fit objects of relief, and that they should have a warrant for a sum to enable them to satisfy the persons to whom they stand answerable. 7 Jan. 1656–7. [1 page.]
Jan. 22. Order on the above petition and report, for payment to the two Lights of 200l., to enable them to pay their said debts. [I. 77, pp. 644—5.]
Jan. 22. 47. Petition of [Capt.] Rob. Starr and company to the Protector and Council, for letters of reprizal against the enemies, having lost much by the Spaniards and the pirates of Scilly, which they have no other means to recover, and going on a merchant voyage to the coast of Barbary. [2/3 page.]
Jan. 22. Order thereon granting the petition for letters against the Spaniards on the usual security. With the letter of reprisal, 27 Jan. Approved 29 Jan. [I. 77, pp. 649, 664; I. 114, p. 61.]
Jan. 22. 48. Petition of Lionel Beecher, of Bideford, co. Devon, to the Protector. In 1642 I supplied the distressed Protestants in Ireland with victuals, ordnance, &c., value 1,336l. 11s. 2d., and have only received 332l. 5s. 7d. You ordered me the balance out of monies which I shall discover in the hands of collectors for assessments for Ireland, on which I have spent 260l., but despair of recovering the 933l. 11s. 6d. still due that way. I have a wife and 4 children, and have lately lost 4 ships taken by pirates of Brest, so that I shall be ruined unless you order some course for my necessities. [1 page.]
Jan. 22. Reference thereon in Council to Strickland, Wolsley, Lisle, and Jones, to report. [I. 77, p. 649.]
Jan. 22. 49. Petition of James, Earl of Home, Sir Jas. Foulis, and many noblemen, gentlemen, and citizens in Scotland, to the Protector. Though you order, 15 April 1656, that any debtor in Scotland who declared on oath that he could not pay from personal estate might pay in real estate, on the valuation of indifferent persons, yet little has been done through fear of alteration by Parliament, and we are much injured by the delay, as the time limited in the Act is near expired. We beg your order to the judges in Scotland to appoint that creditors for more than 1,000 marks shall accept lands for their debts. Signed by Home and Foulis. [1 sheet.]
Jan. 22. Order thereon for a letter to the judges in Scotland to quicken them to execution of the order; Lord Lambert to speak to some members of Parliament about it, according to this day's debate, and the letter to be sent or stayed, as they see cause. [I. 77, p. 650.]
Jan. 22. Council. Day's Proceedings.
1. Approval of an order of the Trustees for Maintenance of Ministers, to continue to Alex. Burnett, minister of Tenham, Kent, approved by the Committee for Approbation, the augmentation of 20l. a year, paid the late Mr. Wood, their minister. Approved by the Protector, 23 Jan.
2. To advise his Highness to appoint Rob. Griffith a Commissioner for Discoveries, in place of the late Mr. Stirrup.
3. To advise an order to the Treasury Commissioners to pay 300,000l. for navy affairs to Richard Hutchinson.
4. Humphrey Blake, treasurer for sale of Prize Goods, to pay into the Treasury what money he has in hand, and continue to do so from time to time in future. Approved 29 Jan.
5. The petition of Col. Peter Stubber, concerning arrears for personal service, for which he prays satisfaction out of lands in Ireland, referred to the Committee of Council on Irish affairs, to report.
6. Order— on report on the petition of Sir Thos. Vyner and Edw. Backwell [see 6 Jan. 1656–7], allowing them to export 10,000l. in pieces of 8, and 50 of the coarsest bars of silver, customs and excise free, on security to import the like quantity in 6 months, and bring it to the Mint in the Tower to be coined. Approved 23 Jan. With the licenses accordingly, 23 Jan. [I. 114, pp. 58, 59.]
7. Order—on certificate of Auditor Hen. Broad, that John Embree has spent in repair of Whitehall, St. James', the Mews, Westminster, Somerset House, Hampton Court, Greenwich, Windsor, and the Admiralty, from 11 Nov. 1655 to 30 Nov. 1656, sums specified amounting to 13,019l. 18s. 5½ d., which with 3,945l. 10s. 9¼d. bills unpaid, makes 16,965l. 9s. 2¾d.; that he has received 8,000l. by Privy Seal, and 107l. 12s. 10d. for old lead; but of the 8,000l., 1,000l. was returned to Nath. Waterhouse, steward of his Highness' lands, of whom it was borrowed, and is receipted in his last account, and that therefore the balance due to Embree is 9,857l. 16s. 4¾d.;— that the said sums be paid in part after what is already assigned from the receipts of the revenue in Scotland called property and casualty, and that Jones, Sydenham, Lambert, Strickland, and the Lord Deputy, consider how the residue may best be paid, and what rules should be observed in future about repair of his Highness' houses. Also that they take Embree's accounts from 30 Nov. to the present day, and report speedily, and that he refrain meanwhile from beginning any new work, or providing any new materials. Annexing,
50—52. Certificate of Auditor Broad alluded to. 10 Jan. 1656—7. [2 pages, 3 copies.]
8. Mr. Embree to forbear beginning any new works or providing new material for repair of his Highness' houses, without special direction from Council, till the Committee for ordering such repairs in future shall report and order them.
9. Order — on reading a report from the Treasury Commissioners, and a draft warrant certified to contain powers expressed in his Highness' Commission for Discoveries, of 23 May 1656, to be intended to the said Commissioners (save only for payment of salaries) and that they conceive it will be more satisfactory if it pass under the Great Seal—that it pass accordingly, omitting the clause, "or so much more as you, our Treasury Commissioners, shall think fit to allow."
10. His Highness' letters of Privy Seal, for empowering the Treasury Commissioners to pay Anne, relict of Lieut.-Col. Blunt, a pension of 20s. a week till other provision be made for relief of herself and children, to pass, and the money to be paid from time to time without fee.
11. The petition of Dame Mary Stonehouse referred to Jones, Wolsley, Pickering, Mulgrave, and Strickland, to report.
12. To advise an order to the Treasury Commissioners to pay the Earl of Lauderdale such sum as Frost shall certify to be due to him, in arrear of his pension of 5l. a week.
13. On reading 2 several certificates from Wm. Hill, auditor, the one certifying that there is due to Edm. Jones, Attorney-general of cos. Pembroke, Carmarthen, Cardigan, Brecon, and Radnor, in South Wales, on his fee of 8l. 13s. 4d. a year, for 3½ years ending Michaelmas 1656, 30l. 6s. 8d., which is allowed by patent of Feb. 16, 1653–4; and the other certifying that there is due to Thos. Hughes, prothonotary and clerk of the Commonwealth in cos. Glamorgan, Brecon, Radnor, and Monmouth, on his fee of 5l. a year, and for the pains of himself and clerks in engrossing and transcribing all fines forfeited at each Great Session held in the said counties before he left them, at 4l. a year, for 3 years ending Michaelmas 1656, 27l., which is allowed by patent of 27 Oct.;—Order to advise that the Treasury Commissioners pay the said arrears, and continue the payment of the fees.
14. John Normanton, who has attended on Council's summons of 8 Jan., to be discharged and allowed to return home, and Capts. Thornhill and Burges to enquire into the difference between him and Rich. Brambly, compose it if they can, and if not, certify.
15. The business of the East India trade to be considered tomorrow, and Council to sit in order thereto.
18. To consider to-morrow a petition of the officers and soldiers' widows and orphans, and all others concerned in army arrears for Ireland, before 5 June 1649.
19. The certificate of the Committee for redemption of captives, 13 Jan. 1656–7, referred to Desborow, Sydenham, Strickland, Wolsley, Lisle, and Jones, to report.
20. Order on report of the petition of Alexander, Earl of Murray [see 14 Oct. 1656], that on his giving security to the Council in Scotland to pay 500l. before 1 Feb. 1657–8, the residue of his fine, imposed by the Act of Pardon to the people in Scotland, be remitted. Approved 29 Jan. Annexing,
53. Beport alluded to, signed by Fiennes, Lambert, and Strickland. [¾ page.]
Jan. 22. 21. As the Maj.-General of co. Lincoln is absent attending Parliament, any 4 of the Commissioners of peace of the county are to pursue the reference of 22 Sept. last to the Maj.-General and Commissioners, of the case of Sir John Mounson, for discharge from decimation. Approved 29 Jan.
23. The 500l. payable by the Earl of Murray, according to today's order, to be applied to satisfy so much out of Scotch fines to the child of late Lieut.-Col. Cobbett; and the 2nd half of 1,405l., formerly due to Col. Horton's child out of Scotch fines to be paid to Cornet John Baynes, and by him to the Colonel's administrator, for the child, either from the remainder of fines, or from what first comes in towards 40,000l. fine mentioned in an order of 13 Nov. last, as payable out of confiscated estates in Scotland; and a letter to be written to the Council in Scotland accordingly. Approved 29 Jan. [I. 77, pp. 643–651.]
Jan. 23. Council. Day's Proceedings.
1. On certificate from 4 Commissioners of co. Essex, on a reference of 13 Jan. on Sir Thos. Wiseman's petition, and on a former certificate from the county commissioners, that they have considered the certificate and petition, to the truth whereof some can testify of their own knowledge,—the captain commanding some men then going to Chelmsford telling them that he had gone with his soldiers thither had it not been for the persuasion of the said Sir Thomas, who advised him to come with his soldiers to their timely assistance to Coggeshall, in consideration whereof they consider Sir Thomas a fit subject for his Highness' favour;— order that the county Maj.-General and Commissioners examine the case, and discharge him from further proceedings if equitable. Approved by the Protector.
2. Approval by the Protector of 5 orders, 20–23 Jan. [I. 77, p. 652.]
Jan. 25./Feb. 4.
Michell Deane to [Sec. Thurloe.] Last week I was in Holland and missed the post. It was my first error, and I will commit no more. Middleton is not returned from Dantzic, nor do I believe he will do anything to his advantage. Col. Blake is 3 days since returned from the Duke of York, and says he left him in Amsterdam, on his way to the Hague, and so hither. I will not believe it till I see it. His sudden departure hence puts all things in great disorder, for our condition here is very poor, and little hopes of amendment. Our number will not be 2,000, and ill accommodated. The Spaniard begins to frown upon us, for Rochester was found by the Spanish Commissary to muster false, which does much harm to King Charles. He is only allowed 500 firelocks, without any ammunition.
The Duke of York's sudden departure hindered Bristol's going his intended journey, but he is still in France. Ormond is gone to the Duke of York. We are not in the condition you hear we are in.
The Hollanders are preparing their shipping to join the King of Spain against England and France. We hear from Holland that some of their ships met Gen. Blake, and sank him. The Zealanders are mad for war, and will make all their companies full hundreds again. I will answer your letter next post. [1 page. Flanders correspondence.]
Jan. 25./Feb. 4.
54 Chas. Perrott to Jos. Williamson, Saumur. I drop the epithet of honest to you, as you disallow it. You call me knight errant, I dare not assume the name of Don, but I would gladly be your esquire, and a trusty Sancho Panza, to follow you in quest of your Dulciana. Your canonizing of saints smells of superstition. Pray remember your dear saint of the Reformation, and do not add new saints to the Calendar of Rome. I wish you were more with us, but you have the Athenian itch, and want me to cure it by Paris news. I would send you the Gazette, but it will only tell you how the King danced, how his guard of 100 gentlemen liked the blue livery, and where the Queen said her Ave Marias. The news from England is of plots and treasons, yea of gunpowder treasons, that would have sent the Protector to heaven in a fiery chariot. Five of his guards are imprisoned as actors in the intended tragedy, but the prime plotter, they say, was Lambert, who was within an inch of execution. This news is in a letter from young De Bourdeaux to his father.
I suppose you have heard of the difference between the King and the Duke of York about Sir John Berkley, the King preferring to leave his brother than part with such a servant. I hear the business is composed, and the Duke returned to Bruges, where the levies go on slowly enough. The Irish expected out of the French army pay their duty in excuses; their answer—especially young Muskerry's— being that they know not how to dispense with their engagement to the French. [1½ pages.]
Jan. 26.
Navy Office.
55. Navy Commissioners to the Admiralty Commissioners. Some months since, divers ropemakers contracted to deliver proportions of cordage for the use of the State, and some of them completed what they undertook, but others are still short of performance, whereby a considerable quantity remains to be delivered. We have often called upon them for a compliance, but without effect, and although it is true there is a clause in their contract that, if payment be not duly made within a month after delivery of every 10 tons, upon application made and notice given to the Navy Commissioners, the contractors are to be at liberty to continue to deliver or to desist, yet the meaning of this was only to secure them against staying in course, and they have never appeared until lately to declare their desire to be dis-obliged, in respect of a noncompliance of punctual payment. Some of them, when they saw the prices of this commodity advance, neglected to take up and pass their bills as they ought, so that the time of payment was past before they presented them. We were resolved to sue them upon their contracts, but upon the representation of some of them who had had their bills signed, that they had used all possible means, and attended several times for payment, but without effect, it was agreed on both sides to refer the whole matter to you. [1 page.] Enclosing,
55. i. Copy of the contract alluded to between the Admiralty Commissioners and the ropemakers, for manufacture of ropes from good Riga and Queenborough hemp at 42l. a ton, payable a month after delivery, 5 May 1656. [1 page.]
Jan. 26. 56. Order in the Admiralty Committee summoning Hen. Hughes, Wm. Pritchard, Rob. Wakelyn, Mr. Bartlett, and Mr. Shakespeere, to appear before them, and give an account of their failure of contract. [2/3 page.]
[Jan. 27.] 57. Petition of Thos. Woodford, merchant, to the Protector. I with others discovered to the Committee for the Revenue 10,000 acres gained from the sea in Kent, and proved the same by two commissions returned into the Exchequer, which Committee entertained the same for the benefit of the State, and settled the sale of the lands to the discoverers for 3,000l., promising them letters patent to be confirmed to them for ever, and referred the business to the Attorney and Solicitor General, Sir Thos. Widdington, and Serjeant Greene for their advice. Sir Thomas and Serjeant Greene were almost ready to certify, when Serjeant Greene died, and no certificate was made. I beg a reference to some others to certify, that further course may be taken therein. With reference thereon to the Treasury Commissioners, 5 Sept. 1654; their reference to Att.-Gen. Prideaux, Sol.-Gen. Wm. Ellis, and Nich. Lechmere, Attorney of the Duchy, 26 July 1655; their report that lands gained from the sea belonged to the King and now to his Highness, but they know not how it will be in the petitioner's case, 1 Nov. 1655; and another report by the Treasury Commissioners that, many persons being concerned in the case, they forbear prosecution till further directions, 29 Nov. 1655. [1½ pages.] Also
Petition of Thos. Woodford to the Protector. The land in Kent is 129 parcels, in the hands of several persons; the opinions on the case are now returned; I have spent a large sum for 18 years, in bringing your title to light, and beg 1/5 for my pains, according to the Act of Oct. 1653. With reference, 16 May 1656, to Privy Council. [½ page.]
Jan. 27. Order therein that the Treasury Commissioners consider the whole business, and act according to law and justice. Approved 29 Jan. [I. 77, pp. 658–665.]
Jan. 27. 58. Petition of Dorothy, wife of Rob. Harding, to the Protector. I petitioned in June last [see 14 Aug. 1656], for a debt of 1,000l. from Sir Phil. Knyvett, detained by Hugh Audley, who vexes me with suits, and detains 8,000l. more of Knyvett's which I have discovered, and 5,550l. is already adjudged by the Worcester House Commissioners. You granted me 1,000l. 9 Sept. out of those discoveries, but my counsel say there is a defect in your order, which may cause a new Exchequer suit. I beg full authority to the Treasury Commissioners for payment, so that all suits may be stopped, and a speedy course taken for bringing in the 5,550l. in Audley's hands; also allowance of 1/5th of my discoveries, in which I have been at great expense.
Jan. 27. Order thereon in Council confirming that of 9 Sept. 1656. [I. 77, p. 662.]
Jan. 27. 59. Petition of John Wicker and the owners of the Gillyflower to the Protector. We had a reference to Council on a former petition [see 16 Aug. 1655], but it has had no effect, on account of the public occasions for money. We therefore beg you to allow payment of our debt, confirmed by Parliament, which, with interest to this time, amounts to 2,200l. out of concealed delinquents' estates to be discovered by us. With reference thereon to Council, 2 July 1656. [1 page.] Annexing,
59. i. Bill by Rich. Crandley, of Mark Lane, and John Wicker, of Seething Lane, for use of the ship and goods, with interest for 8 years at 8 per cent.; total, 1,916l. 2s. 4d., 10 July 1656. [2/3 page.]
Jan. 27. Order thereon in Council, on report from the Committee on the petition,—shewing that goods worth 557l. 12s. 8d. were taken from the petitioners in 1644 by the Pembrokeshire Committee, for service of that county, and that the ship was forced to stay 3 months and 26 days at Pembroke, which cost the freighter 150l. a month, 580l. 15s. 0d. in all; also that during that time the ship and crew gave good assistance to the Parliament forces there, that the goods seized from the ship were the means of expelling the enemy from the county, and that both sums amount to 1,138l. 7s. 8d. principal,—that the report be agreed to, and the petitioners paid the principal out of half such discoveries as they shall make of land, money or goods concealed by delinquents, which the Commissioners for Discoveries shall examine, and report what they allow to the Treasury Commissioners, who are to levy the money and pay it into the Exchequer, that the petitioners may receive satisfaction. Approved 29 Jan. [I. 77, pp, 661, 665.]
Jan. 27. 60. Petition of Martin Noel to the Protector and Council. Contracted with Capt. Wm. Watts for the transportation of 120 men in the Hopewell for Jamaica at 5l. per head; 13 men in excess having been put on board, the captain expects him to pay for them, which he is unable to do, and begs an order for satisfaction to Capt. Watts. [2/3 page.]
Jan. 27. 61. Like petition. Having shipped several sorts of goods and provisions for the army in Jamaica, the Prize Commissioners for satisfaction thereof were ordered to sell him the Seahorse and Stronghold, formerly belonging to the Dutch, and taken prize for trading to the English plantations, contrary to law. They are now freighted for Holland, but he dares not venture them until condemned by the Admiralty Court; prays order to the Admiralty Judges to pass their condemnation, that the ships may proceed to Holland. [¾ page.]
Jan. 27. 62, 63. Reference of these 2 petitions, that of Robt. Browne for liberty to ship out 30 tons of saltpetre, and that of Thos. Winter and others concerning bullion, to the Admiralty Commisioners, to report. [2 papers; also I. 77, p. 662.]
Jan. 27. Council. Day's Proceedings.
1. Mr. Secretary to see it added to the instructions already passed that lands in Ireland be only set out to Protestants.
2. The business of the East India trade to be considered forthwith.
4. A paper from Lord Nieuport to his Highness,—asking for release of the Charity of Amsterdam, bound from Flushing to Portugal, laden with divers goods on account of Balthazer Robyn, citizen of Amsterdam, which fell on the Goodwins, sprang a leak, and having to put into some port, was ordered by the commander-in-chief in the Downs to go to Dover, where she has since been detained, although she belongs to the United Provinces, and was sailing from a free port to a town in amity with this Commonwealth—referred, with the papers, attestations, and examinations annexed, to the Admiralty Court, to speak with the Advocate and Proctor, and with Mr. Dorislaus and the Prize Goods' Commissioners if necessary, and report the whole state of the case.
64. 5. The report from the Treasury Commissioners about moneys unpaid when Sir C. Pack, Ald. Avery, and others were Commissioners of Customs, and the petition from Pack, Chas. Lloyd, and Walter Boothby, with their reasons why they should not be involved in the account, referred to Sydenham, Desborow, Jones, Skippon, Wolsley, and the Lord Deputy, to speak with the parties, report the several cases, and give their opinion. Annexing,
64. i. Treasury Commissioners to Council. Finding a large sum unpaid when Sir Chris. Pack, Ald. Avery, Mr. Lloyd, and others were Commissioners of Customs, we directed the auditor of imprests to perfect the accounts. He made out a joint account, whereupon Pack, Lloyd, and Boothby have sent in reasons why they should not be involved in the account with Avery, who was treasurer, and is alone accountable. We therefore directed the auditor to state the accounts severally, which being done, we ask directions whether to proceed on the joint or several accounts, Jan. 14, 1656–7. [¾ page.]
64. ii. Petition of Sir Chris. Pack, Chas. Lloyd, and Walter Boothby to the Treasury Commissioners. In 1644, when Parliament much wanted money, we, with Sam. Avery and Rich. Bateman, were earnestly pressed to advance sums, and for our security were made collectors of the customs brought in by loan on the duties of tonnage and poundage, not then settled in a legal way, with a defalcation of 15 per cent. We first declined the service, being fearful of inthralling our estates in Exchequer accounts, but on promise that we should only receive moneys on account, and issue them on orders of Parliament or the Navy Commissioners, which orders should be our discharge, we consented.
An ordinance passed in Feb. 1644–5 thereupon, and we lent 50,000l. at once, and then sums amounting to 140,000l. in all, and our salaries were less by 6,000l. a year than formerly given.
At first we divided the work, each commissioner taking his own share and keeping his own accounts, and in Aug. 1645, our accounts were called for, given in, and cleared.
The Navy Commissioners then wished all the money to be paid in to one treasury, when Avery and Bateman were appointed treasurers, and Avery's son Dudley, cashier, and this continued till July 1649, when our employment ended.
Since then Auditor Beale, ordered by Parliament to take our accounts, refuses to take them separately, and urges us to give in a joint account, according to the usual course of the Exchequer, so that if any of us fall short, the debt shall be charged on the other Commissioners, which we think contrary to Parliament's intentions, and the order of the Navy Commissioners, when they settled one treasury; for in case the treasurers fall short, it would be unjust to charge the arrears on us.
We beg your directions to Auditor Beale to pass our particular accounts, and not to involve us in the Treasury account, of which we are wholly ignorant, and to stay the declaring any joint account. [1 sheet.]
64. iii. Additional reasons by Pack, Lloyd, and Boothby, why they should not be liable to a joint account with Avery and Bateman. That a promise to the contrary was the condition of their undertaking the business at so small a salary. That the Act of 8 August 1649 exempts accountants who have discharged their respective accounts from joint accounts. That the settling of one treasury was made contrary to their will.
That their receipts were only in the Port of London, whereas the treasurers received 60,000l. from the outports, which never came into their hands, and yet the auditor would charge it on them jointly with the treasurer.
That joint accounts are injurious to their credit, as they are said to be indebted many thousands, when in truth they owe nothing, but have served to the best of their power, and tried in vain to bring the treasury to an account. [1 sheet.]
64. iv. Petition of Pack, Lloyd, and Boothby to the Protector, to the same effect as that to the Treasury Commissioners. With reference thereon to Privy Council, 26 Jan. 1656–7. [1 sheet.]
6. Order on a paper from Mr. Moreland that the Committee for the Piedmontese Protestants have asked for 2,000l. of the money collected to be sent at once, that Sir Thos. Vyner and Sir Christopher Pack, treasurers for the money, pay Moreland the 2,000l. to send over; and that the above Committee consider if it is fit to send out the remainder to repair the walls of Geneva, and for the convenience of the Protestants in other ways, and how much will be wanted. Approved 29 Jan.
7. Lord President, Lambert, Wolsley, and Rous to consider the history compiled by Mr. Moreland about the Piedmontese Protestants, and report their opinion on it.
8. Order on report from the Committee on the Protestants in Piedmont, representing the patient and faithful services of Mr. Moreland in the late negociations, that Lambert, and the Lord Deputy speak with some of the Committee concerning an allowance for him out of the money collected.
9. On a certificate from the Commissioners in co. Somerset that they are fully satisfied as to John Tynt, of Halswell, and his loyalty, that they have had proof thereof in the late insurrection, and that he has offered to lend his Highness 50l., order that the Major General and Commissioners grant his discharge from decimation, without payment of the 50l. Approved 29 Jan.
10. Approval of certificates from the Trustees for Maintenance of Ministers, granting 30l. a year each augmentation to the ministers of Mayntree, co. Essex, and Whalley, co. Lancaster.
17. Mr. Hadock, pastor of the congregated church at Nantwich, Cheshire, to be allowed to preach a weekly lecture in the public meeting place of the town, on such day in the week as it is not used by Mr. Jackson, the present minister; the magistrates and inhabitants of the town are to allow it accordingly, and Maj.-Gen. Bridges is to see it done. Approved 29 Jan.
20. On a report from the Committee on the late report of the Admiralty Commissioners, about several complaints from London merchants of hardships and cruel usage to subjects of this Commonwealth now prisoners in Spain, who have no allowance for their subsistence but what is given by their friends, while Spaniards lately taken by us, viz., Don Diego de Villa Alva and M. Del Plato, and their servants, have their liberty, and are daily seen on the Exchange and other public places, to the grief of the above merchants, and also have a liberal allowance for diet, &c.—order that the Serjeant-at-arms deliver the above named Spaniards and their servants to the Marshal-general of the Army, to keep them in custody till they obtain a supply from Spain, or get their exchange for English prisoners there. Approved 29 Jan.
21. On report from the Committee on the late report of Admiralty Commissioners, concerning the necessity of proposing payment of 40,000l. to the Navy Treasurer, particularly for the paying of officers and workmen in the several yards, and for disbursements in the Victualling Office for saltpetre and other naval stores—order that towards the 300,000l. allowed by Privy Seal for navy expenses, 40,000l. be now paid from money arising from the prize plate and money lately taken from Spain on Sir Thos. Vyner and Mr. Backwell's contract. Approved 29 Jan.
22. Lord Deputy, Desborow, Jones, Sydenham, Wolsley, and Lisle, to consider a supply of money for the new militia forces, and to speak thereon with the Army Committee, and report.
23. On report from the Committee on Francis Willoughby's petition, that he craves allowance of 1,622l. 16s. 4d. as due to his late father, Col. Willoughby, on an order of Parliament of 11 July 1651, for money spent in defence of the Thames during the insurrection in Kent and Essex, and by Council propounded to be paid out of excise in course, with interest; also that by a certificate from the Auditor of Imprest, 2,450l. appears due to the petitioner for freight of ships employed in the service in 1644, and that no part of either sum has been paid,—order that the Navy Treasurer pay the 1,622l. 16s. 4d. from money arising on sale of timber ordered for the navy's use, and the 2,450l. in the same way as others have lately been satisfied for similar debts, by sale of old and unserviceable shipping. Approved 29 Jan.
24. The petition of the owners and employers of the Poole Merchant, and the Blessing of Poole,—shewing that they have a quantity of salt in Newfoundland, and must send their ships thither on a fishing voyage at their great charge, and praying that their seamen may not be impressed,—referred to the Admiralty Commissioners.
25. The petition of Rob. South, merchant in London,—concerning his great losses, and particularly by the ship Discovery, whereof he was part owner, whose goods were all employed for relief of Munster in time of its great distress in 1645, by which the petitioner lost 964l.—referred to the Irish Committee, to report.
28. On petition of Rich. Toomes, cousin of Wm. Toomes, late of Hackney, that being heir, and sued at law for great sums, the writings belonging to Wm. Toomes' real estates, whereof the particulars have been read by Nath. Bacon and Dr. Barnard, may be delivered to him—order that Maj. Elleston, or whoever has charge thereof, deliver the writings claimed by the petitioner to Mr. Jessop to read, and return such of them as concern the real estate to Toomes, and if any case of difficulty occurs, to report.
31. The petition of the Magistrates and Court of Common Council of Glasgow referred to the Scotch Committee, to report.
32. Order on report from the Treasury Commissioners concerning salaries in arrear to the Commissioners for managing sequestered estates, to advise an order to the Treasury Commissioners to pay the Commissioners and officers hereafter named the following sums for their full salary; with a list of the officers and Commissioners for sequestrations, and of the sums due in full satisfaction for service. [I. 77, pp. 653–664.]
Jan. 27.
65 Rich. Lowther to Williamson. There is no discrepancy between your last to me and that to Mr. Northleigh, except that you mention the close conveyance, which seemed extravagant; but since I hear that you have paid 18 pistoles to the tennis court, which you say you were engaged for, and you wrote me half would suffice, when I could pay; such passages do not arguo much reality of the love you profess. My coat is threadbare, therefore do not think to grow rich by me; but write me plainly and downright, directing to Inner Temple Gate, how my moneys are engaged. As to the 30l., my father intends to abate 20l. in my brother Leigh's bill, and the 10l. is for charges and small arrears. Do not send more such papers as you sent to a good friend of mine. I find it dangerous to rely on any. I would rather wear a patched coat than have my father to know. Mr. Whorwood's father is here, railing against you as a very ill-conditioned man. Let me know how to send money, and I will discharge what I owe there, but I do not owe the limner a penny.
P.S.—Tell me where Norris and Whorwood are, and remember me to my brother Leigh. [1 page.]
Jan. 29. 66. Hum. Robinson to Williamson. Dispatch of goods. I have got the books, but they had nearly gone back to Nantes for want of a letter of advice. Lamplugh now thinks he shall obtain a pleasant living near Reading.
Our old speaker, Widdrington, is laid aside through infirmity, and Whitelock is in his place. Last week the whole House went to congratulate the Protector on his delivery from the late plot to murder him, and in going up the stairs into the banqueting house, the multitude passing after, the gallery on the top of the stairs fell, and in it 100 people, 20 being members of the House, and among them Lord Richard, the Protector's son, but had little hurt. The solicitor had a leg broken, and some other harms. These 2 days they have sat all day about the Majors General, expecting an Act to confirm them for life, but it is thrown out; they are now at the Protector's pleasure as to continuance. It was supposed those were the principal men that opposed the succession in the Protector's line. We have a day of thanks 13 Feb. for this delivery. [1 page.]
Jan. 30./Feb. 9.
67. Edw. Norris to Williamson. All that I can say about the past 8 days is that I have arrived here alive; love cannot be cured by medicine, and I have suffered much in absence from one who still has my heart. I am glad the gun is not lost, for our cloaks have not found their way to Blois; I was not much inconvenienced. Thanks for your kind letter. My service to Mr. Leigh. [1 page, damaged, French.]
[Jan.] 68–70. Petition of Jas. Hardman, innholder of Lancaster, to the Protector. I had the chief inn in Lancaster, and had goods of great value at its burning by the late Earl of Derby and the Popish party; and the castle not being provisioned, my wines, goods, &c., value 350l. were taken for it. I served with 2 servants 6 years, and was provost-marshal of the garrison, and when the Scots invaded, I found more provisions, so that 420l. is due to me. By these losses and setting out one son in the army in Scotland, and one in the fleet, my wife and 10 children are in much want; yet my goods are seized for 700l. which I owe as agent to the Sequestration Commissioners in the county. I beg defalcation therefrom of what is justly due to me. With note of reference, 12 July 1655, to Judge Thos. Fell and Major Hen. Porter; their report certifying the truth of the petition, though they are not sure of the amount of the loss, 28 Nov. 1656; and the report of the Treasury Commissioners that they send a certificate of proofs taken by some gentlemen residing near on the case. 31 Dec. 1656. [3 papers.] Annexing,
70. i. Account by John Holcroft, deputy-lieutenant of the county and governor of the castle, of the goods and provisions of Hardman carried into Lancaster Castle in March 1642, total 105l. 10s. 10d. 21 Jan. 1650–1. [1 column.]
70. ii. Examination of 11 inhabitants of Lancaster, including 2 sons of Hardman, Richard and John, giving details upon the several statements in the petition. 6 Nov. 1655. Signed by Fell and Porter. [2½ pages.]
Jan. ? 71. Petition of Elizabeth, wife of Jas. Hardman, postmaster of Lancaster, to the Protector. I beg to present to you the certificate and report on my husband's petition; he being infirm and unable to travel, I have made 3 journeys of 180 miles in the depth of winter without satisfaction, and beg speedy relief. [½ page.]
[Jan.] 72. Petition of Rob. Yardley to the Admiralty Commissioners. To the same effect as that presented December last, about his right to the stables adjoining the payhouse, Chatham, but postponed till they should come to Chatham. Begs an allowance for the rent and arrears. [1 page.]
[Jan.] 73. Petition of Dorothy Chiffinch, laundress and sempstress of the body linen, to the King. My predecessor, Mrs. Freeman, was allowed 4 livres a day and a place for washing the linen, and I had 20 sous a day for mending the laced linen, and for making linen, I was paid by the piece, at the rate the Queen set; but when both places were given me, I was content with the 4 livres, sending in bills for the making and mending, but I was to be paid monthly, and have a place for my work, being at great charges in keeping servants to do it. Yet I am more in arrears than any of your servants, and have had to take up money on interest. I beg the arrears, and an order for the 4 livres a day, and the rent of the laundry to be paid monthly. [1 page.] Annexing,
73. i. Bill of Mrs. Chiffinch for hire of a laundry from 1 Feb. 1655–6 to 1 Jan. 1656–7; total 32 dollars. [½ page.]
[Jan.] 74. Order thereon for payment of the said bill, and for monthly payments for hire of the like house in future. [Scrap, in Nicholas' hand.]