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Volume 181: May 1658, 11-20

Pages 13-31

Calendar of State Papers Domestic: Interregnum, 1658-9. Originally published by Her Majesty's Stationery Office, London, 1885.

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May 1658, 11–20

[May 11.] 19. Petition of the parishioners of Bennet's, Paul's Wharf, to the Protector and Council. The means of our church are only 50l. a year, and a small dwelling-house. The parish is very poor, having 140 families, of which 80 receive relief. Our augmentation has ceased 7 years, so that our able minister, John Jackson, being likely to leave us for want of maintenance, we desired an union with the vacant rectory of Peter, Paul's wharf, worth 40l., where the Common prayer-book has been many years used by disaffected persons, and this union is adjudged fit by the Trustees. We therefore beg that, considering the pains we have taken about the conjunction, and the difficulty of getting augmentation, on account of the present charge on the Treasury, you would approve the conjunction, or order an augmentation, 4 signatures. [1 page.]
May 11. 20. Petition of Sam. Browne and John Smith, churchwardens, and the parishioners of Peter, Paul's wharf, London, to the Protector. A disaffected party, on the vacancy of our parish church since the death of Edw. Marbury, incumbent, have acted contrary to law; to suppress this, endeavours have been made to unite our parish to Bennet, Paul's wharf, to the great inconvenience of the inhabitants of both parishes, the diminution of church livings, and the prejudice of yourself as patron there. To prevent this, we have prevailed on [John] Simpson, "a pious and painful preacher," to accept our parish, and proposed a competent maintenance. We beg you to present him, being freely chosen, to our church. [¾ page.]
May 11. Reference thereon in Council to the Commissioners for ejecting scandalous Ministers, to examine and report. [I. 78, p. 604.] Annexing,
20. I. Report on the said petition, that the Trustees for Maintenance of Ministers and uniting of parishes, finding that the churches of Bennet and of Peter, Paul's wharf, were 50l. yearly value each, and the churches conveniently situated, have united them into one parish, and appointed Bennet's the meeting-place for both, to which the petitioners object.
That an augmentation of 25l. was granted to the minister of Bennet's, but discontinued because the late minister refused to take the engagement, and that Mr. Jackson, the present minister, is godly and able. Suggestion that the 30l. be settled on him till there appear cause to pass the union, which should be suspended till further order. [1 page.]
20. II. Certificate by Simeon Ashe, Wm. Jenkyn, Edw. Calamy, and Barth, Beale, in favour of the godliness and ability of John Jackson, minister of Bennet, Paul's wharf. [¼page.]
20. III. Order by the Commissioners for Plundered Ministers for payment of 25l. yearly to the minister of Bennet, out of the revenues of the Dean and Chapter of London. 1 July 1646. [¾ page.]
20. IV. Order by the Trustees for Maintenance of Ministers, an inquisition having been made, and full hearing of the parties on both sides, for the union of the parishes, with one minister, who shall have the two parsonages and all glebe lands and other rents belonging to them, to be presented by the 2 patrons alternately. This union not to prejudice the present incumbents without their consents. 6 May 1658. Signed by Rich. Sydenham and 4 others. [22/3pages.]
May 11. 21. Petition of Geo. Starkey, of Windsor, co. Berks, to the Protector, for liberty, leave to answer the charge brought against him before Privy Council, or release on bail. With reference, 7 May 1658, of this petition, and articles depending before them, to Privy Council. [I page.]
May 11. Reference thereon in Council to Desborow, Sydenham, Lisle, Skippon, Strickland, Jones, Fleetwood, and Mr. Secretary, to report. [I. 78, p. 604.]
[May 11.] 22. Admiralty Commissioners to the Treasury Commissioners. The last seal for moneys for the Navy is almost expired; that there may be no interuption in our receipts from the Customs and Excise, we certify you, according to our instructions, that the pressing occasions of the fleet require 300,000l., and beg you to inform his Highness and Council, so that another seal may be seasonably obtained. Whitehall, 15 April 1658. [¾ page.]
May 11. Order thereon to advise a warrant to pay Hutchinson, the Navy Treasurer, 300,000l. [I. 78, p. 604.]
May 11. 23. Representation of the Commissioners of Appeals and Regulating the Excise to the Council. We have received from the Commissioners and Governors of the Excise for Beer and Ale in London a certificate of the non-conformity of Oliver Vaughan, brewer, to the 30th Article of the Act of 14 August 1649, and a request for our warrant authorizing their officers to enter his dwelling and brewhouse, execute a distress of his vessels and goods, sell them, and dispose of the proceeds. The said Article enacts that if a brewer do not conform to his sentence within 20 days after distress, or imprisonment for default, upon certificate from the Commissioners of Excise, the Committee for regulating the Excise shall have power to issue warrants to the purpose aforesaid, but we doubt whether this certificate,—not being from the Commissioners of Excise intended by that Article but from Commissioners of Excise for a particular thing and restrained to a particular place,—is a sufficient ground for us to grant such warrant. We have advised with counsel, whose opinion is that by the law of Excise we cannot justify the sending such a warrant upon this certificate. The matter being of great concernment to this revenue, the receipt of which will be totally obstructed if no course be taken, we pray directions. [12/3pages.]
May 11. Reference of the above paper, and also of their representation touching the powers committed to the Sequestration Commissioners as to the Excise, to Sydenham, Jones, Desborow, Fleetwood, and Strickland, for speedy report. [I. 78, p. 606.]
May 11. COUNCIL. Day's Proceedings.
1. Order that the certificate from the referees on the petition of James, Earl of Abercorn, and James, Lord Paisley, be referred to Wolsley, Desborow, Sydenham, Fiennes, Lisle, Jones, Strickland, Mulgrave, and Fleetwood, to report. Annexing,
24. Certificate alluded to, on a reference of the case 1 April 1658, to the Treasury Commissioners, and Sir William Lenthall, Master of the Rolls, detailing the whole proceedings in the case of the claims of the Duchess of Hamilton and the Earl of Abercorn, from 12 April 1654, to 18 December 1657.
The present petition remonstrates against a decree in the Exchequer of Scotland, of this last date, granting the lands of the late Duke to Anna, Duchess of Hamilton, Lady Susanna Hamilton, her sister, and their heirs, with reversion to Lord Paisley, eldest son of the Earl of Abercorn, on condition of their fulfilling the decree of an Order in Council of 13 November 1656; he pleads that this decree was founded upon documents that are not genuine, and that the lands, being entailed, could not be disposed of by the late Duke, but that this decree is not supposed to bar the former entail, and create a new one, and would therefore deprive the Earl of his rights for ever. The referees are unable to give an opinion, as no counsel for the other party appeared, but suggest further time, and the petitioners will stay proceedings if they may have Polemount lands to make up the value of 500l. a year before assigned them. 27 April 1658. [4 sheets.]
2. The petition of Peter Vanderputt, merchant of London, referred to the Customs' Commissioners, to act.
4. The Trustees for Maintenance of Ministers to settle an augmentation of 50l. on the minister of Kellam, co. York. Approved 27 May.
5. The petition of Rich. Francklyn and his 5 sisters, children of John Francklyn, late of Marlborough, co. Wilts, referred to the Committee of Council on Money Affairs, to report.
6. Order—on the petition of Denham Hunlock, Rich. Blake, John Horsepoole, Rich. Doe, and other creditors of the late Hugh Rogers,—that Thos. Warr, of Shipton, co. Somerset, have leave to come up to London.
His Highness present.
11. To advise his Highness to order for trial for treason at the High Court of Justice, the following persons, reported by the committee appointed to know his pleasure in this matter, viz.: Dr. John Hewett, Jn. Mordaunt, Maj. Smith, Col. Gunter, Thos. Woodcock, Sir Hen. Slingsby,—Binstead, Maj. Wm. Clayton, Jn. Russell, Sir Rich. Willis, Sir Wm. Compton, Sir Hum. Bennett; and for misprision of treason, Mr. Nutt and Mr. Rivers.
12. Fleetwood, Mr. Comptroller, Lisle, and Mr. Secretary, to examine Mr. Stapleton on information now given, consult Maj. Waterhouse and Capt. Overton, and report.
13. Lord Fleetwood to appoint a guard of 50 halberdiers to attend the service of the High Court of Justice.
14. The Navy Commissioners to order the Ordnance officers at the Tower to deliver him 50 halberts, which are to be redelivered when the service is concluded.
15. Frost to pay each of the said 50 men 12d. a day during their service.
His Highness withdrew.
16, 17. Order—on report from the Committee on how to secure the books and records in the hands of the Commissioners for discovery of fraudulent Debentures, &., that some effectual course may be taken—that all persons possessing any papers concerning the above, which have been doubled upon by the credit of any Act for sale of forfeited lands, keep the same safely for one month, till further course for securing them be taken.
18. Mr. Embree to build a place for the High Court of Justice to sit in, within Westminster Hall. Approved in person.
19. Order on report from the Committee of Geo. Bilton's business,—that they find from Dudley Short's account that further sums are charged on Short, concerning which he should be examined before he goes to Scotland,—that the same committee examine him tomorrow morning, and also John Bilton, and report.
20. Capt. Rich. Deane, one of the Treasurers for the Army, to go to Scotland, to attend Council there on Bilton's business.
21. Order that,—as 23,000l. was borrowed for the State of Lord [Mayor] Pack and others, who are willing, provided the first half be repaid, to wait for the next till September—the Treasury Commissioners pay the said ½ out of the moiety of the moneys which shall come in next month by new buildings, and, in case there be not enough, out of the Customs. Annexing,
25. Account of the said loans, to be repaid with interest, viz.:—
£
Lord Pack 4,000
Sir John Woollaston 2,500
Sir Thos. Vyner 6,000
Sir John Dethick 2,500
Sir Thos. Andrews 3,000
Sir Thos. Foote 2,500
Sir John Ireton 2,500
£23,000
With note that there has been paid in discharge thereof to
£
Sir Thos. Vyner 2,300
Sir John Ireton 570
£2,870
7 May 1658. [1 page.]
22. To apply to Mardike affairs half the money coming into the Treasury on account of the new buildings.
May 11. 24. Order on representation by the Commissioners for Customs and Excise,—that in trying to recover debts owing, and arrears for prize goods, they find from the late Prize Goods' Commissioners that in 1653, 53,000 lbs. of tobacco, now at Yarmouth, taken in the Hollander of Flushing, was sold to Gowen Goldegay, and by him transferred to others, who refuse to take it away, so that it is perished, and none will buy it, as not being worth customs and excise—that the buyers thereof may dispose of it here, or export it, customs and excise free, but that no other tobacco is to be exempted from payment of duty by colour of this order. Approved 3 June. Annexing,
26. Representation on which the said order is founded, suggesting its free disposal, or nothing will be made of it, and his Highness will have to pay rent for the warehouse where it is, as he has done these 4 years. 27 April 1658. [1 page.]
25. Col. Roger Broadridge, prisoner in the Tower, to be allowed to go abroad for a fortnight to prosecute some suit at law, on fit security to return.
27. Order on petition of Rich. Graves, of Lincoln's Inn,—shewing that his Highness ordered last July the Drury House Treasurers to pay him 400l. for 2 years' salary ending October 1656, as counsel to the Commissioners for removing Obstructions, but they decline because he has not his Highness's privy seal for it, and they are ordered to pay money into the Treasury only—to advise an order to the Treasury Commissioners to pay him.
28. 27. A letter from Rich. Johnson and Lawrence Cooke, dated Leghorn, 27 March 1658, to Maj.-Gen. Whalley, referred to the Admiralty Commissioners, to speak with the owner of the ship mentioned, for preventing the sale thereof to the enemy, and report.
29. Sydenham, Strickland, Jones, Fleetwood, Montague, Skippon, Rous, and Wolsley to speak with the Trustees for Maintenance of Ministers, to make effectual the order of 8 April on behalf of Mr. Cradock.
30. Order on report from the Committee of Council on Scotch Affairs—that, having received letters from the Council in Scotland concerning improvement of revenue, and heard Mr. Purvis therein, they consider that the reduction of that part of the revenue alienated from the Crown by letters patent from the late King should not be done but by consent of Parliament—to advise despatch of letters to the Commissioners of Excise and Commissioners of Justice in Scot'and; the Lord Chancellor or Keeper of the Great Seal to sit with the latter.
33. The counsel learned to consider the business of taking away the ward-holdings in Scotland due to his Highness, which are conceived to be taken away by the Act of Union, without substitution of other tenure, and Mr. Purvis to assist therein.
May 11. 34. The Master of the Rolls to appoint a fit person who, together with Gabriel Beck and Wm. Purvis, is to sever the records sent from Scotland which concern the revenue and exchequer from the others in the Tower.
35. Council gives no order concerning the proposition of the Council in Scotland for liberty to coin 5,000l. in bodles.
36. To advise his Highness to authorise the Council in Scotland to order necessary repair of the tower and other buildings about the late King's house of Holyrood, at Edinburgh, and charge it on the public revenue.
37. Order on a report from the Committee for Scotland on the petition of John Lewin, of Leith, [see 29 April 1658] for a letter to the [Lord President and] Council in Scotland to allow him such further time as they think fit for prosecuting Rob. Bedford and Thos. Lewin, and recovering the money due to the State, and meanwhile to forbear any further prosecution of him. With letter as ordered. [I. 78, p. 873.] Annexing,
28. Report alluded to advising this order, as Lewin has been well affected and is poor. 6 May 1658. [1 page.]
38. Order—on a report from the Commissioners for Mardike, on a return by the Navy Commissioners—that the accounts of Capt. John Tailor be allowed, and the balance due, 2,934l. 5s., be paid by 500l. a-week, from the receipts on the Act for New Buildings. With the account, the total of which is 4,934l. 5s. Annexing,
29. Report alluded to. 11 May 1658. [1 page.]
39. The Committee on Mardike affairs to proportion payment to those to whom money is due as they think fit, amongst those who have warrants.
40. Order—on report from the Commissioners for Sale of the 4 Forests that great obstruction is caused because the surveyors appointed by Parliament have not allowances like those appointed by his Highness—that Desborow, Fleetwood, Sydenham and Compton see if Council can act herein, and if so, offer a draft order.
41. The Treasury Commissioners to order payment to whomever the said Forest Commissioners shall appoint, of such sums as are wanted for the necessary incident charges.
42. Also to pay Jas. Dewy, clerk to the Commissioners, 50l. a year.
43. The Admiralty Commissioners to order the War Treasurers to supply Col. Twistleton and his regiment with a month's pay, to enable them to march.
44. The Army Committee to order the Muster-Master-General and his Deputy to be paid equally with the general officers now in town.
45. The petition of the mayor and burgesses of Devizes, co. Wilts, for renewing of their charter with certain alterations, referred to counsel learned, to report.
May 11. 46. To recommend the Trustees for Maintenance of Ministers to settle an augmentation of 50l. on the minister of Sampford Shinie, co. Devon. Approved 27 May. [I. 78, pp. 602–614.]
May 11. The Protector to the Commissioners of Excise in Scotland. Having received proposals from our Council in Scotland concerning improvement of revenue, and finding it depends on the laws of the nation, by legally reducing the alienations made of lands, rents, &., anciently belonging to that Crown, as we have already constituted you Excise Commissioners there, we order you and the Advocate and Solicitor-General to be very vigorous herein, and observe such directions as the Council in Scotland shall give. We have written expressly to our Commissioners for Administration of Justice in Scotland to set apart every Friday for this business. [I. 78, p. 609.]
May 11. The Protector to the Commissioners for Administration of Justice in Scotland. Finding the revenue of Scotland is burdened in discharging her military and civil charges, by the illegal alienation of Crown lands and rents, which we are determined to reduce to their former condition, that we may support the Government with the less burden to the people—we wish you to set apart every Friday to hear causes arising from our resumption of the said lands, &., which our Advocate shall bring in, and as the Lord Treasurer used to make the roll of causes to be heard on Fridays, and the Keeper and Chancellor of the Great Seal used to meet with you, we desire the latter custom to be continued, and the Excise Commissioners to make rolls of the causes; and you are to do no other business on Fridays till the Advocate announces that he has no more causes to bring. [I. 78, p. 609.]
May 11. 30. Sam. Morland to Mat. Firbank. Thos. Guy is going away to Sir Wm. Lockhart, and Mr. Secretary has just ordered me to request you to let him have 10l. and set it to his account. With receipt thereof by Guy. [2/3page.]
May 12. COUNCIL. Day's Proceedings.
1. 31. Order on report from the Mardike Committee—that there is wanted a week's cheese for 5000 men at the rate of a pound a day each, 2500 shoes and stockings, 400 tents, beside the 200 ordered, and 3 waggons with fittings—that the Admiralty Commissioners give order accordingly.
2. To advise an order to the Treasury Commissioners, to pay Rich. Hutchinson, Navy Treasurer, 1,500l. for provisions wanted at Mardike.
3. A draft letter for the agent of the Grand Duke of Tuscany, concerning the proceedings of Capt. Stoakes at Egham, read, approved, and to be sent. To advise his Highness to send another letter of the same purport to the Grand Duke.
4. To advise an order to the Treasury Commissioners to pay _ Messiers 1l. a week till further order.
5. Like order for 2l. to Isuf the Turkish Chious.
6. The Treasurers for money collected for the Piedmontese Protestants to advance 500l. for 20 Bohemian families, and dispose it as the Committee for that affair shall direct.
7. The Committee on the Piedmontese Protestants to consider who shall receive the 500l., and how it shall be disposed of.
8. To advise an order to the Treasury Commissioners to pay Emanuel Thompson 6s. a week till further order. [I. 78, pp. 614, 615.]
May 12/22.
Bruges.
Jos. Jane to Sec. Nicholas. Your return here is much desired. We have little mirth, and much need of patience. Unless the journey to Germany be in order to the affairs of these people, money will come very slowly, and only anything that may be left when all their ordinaries are paid.
* * *
I doubt whether the King will go at all; the long delay looks as if the Spaniards had no confidence in it, and the time is now approaching. The men of law are no friends to this High Court of Justice, it being so contrary to all rules of law and the many Acts of Parliament quoted by them, but on the other side, if Cromwell have not beaten the market, and tried whether a sufficient number may be gained, he may be at a loss. Carey, a baron of the Palatinate, pleaded non solvendo when he went thither. Prince Rupert will see the King if he goes to Frankfort; what effect it will have I know not.
Mr. White's refusal was inconvenient, but the man was not liked by our church, and has been too gently treated by our divines, who know him sufficiently; he is worse to be promoted than 10 Presbyterians. I am not pleased with a man's officiating that is not in the heart of the congregation. I hope care will be taken of it for conscience sake. If the King go to Frankfort, some discretion should be given to the magistrates here. I spoke with the Bishop about the making of new bishops, but he knew of none; is the thought of it laid aside? I think it should not be, as the difficulties are not considerable. [Extract, Flanders correspondence.]
May 13/23.
Bruges.
Jos. Jane to Sec. Nicholas. I find the King's journey yet stays. I believe it is from design, not sloth, in these ministers; they doubt the meaning of the King's journey. My friend is now with you, but he is not a man of foresight, or a good judge of business, and I fear the success of his negotiations. Of all the gentlemen of the King's party, I should least have suspected Sir H. Slingsby for that danger, being a melancholy man, and, as I knew him in Parliament, reserved and inactive, but I doubt he has been drawn in.
The Court [of justice] has met, and is like to proceed with rigour enough. My lord of Norwich's nephew is Stapeley, not Staveley, and is son of one of the King's judges, and on that score will have favour.
The Bishop of Derry is now with us, but will not stay long. I wish one of the chaplains would help us. I cannot hear. the report of the plague confirmed, and the report of deaths from it proves false.
About the bishops, I wish some persons on this side the sea were ordained, that the functions might be preserved, and the legal rights of their bishoprics would come in time. The title need not be used in conversation, but the register should be well preserved. My lord of Derry told me that Downing at the Hague, meeting the Prince of Orange in his coach, would not give way till the gathering of the people frightened him. [2 pages, Flanders correspondence.]
May 13. 32. Petition of Anna, Duchess of Hamilton, to the Protector. William, late Duke of Hamilton, not having heirs male, entailed the estate upon me by a deed, by virtue of which, and of a charter under the Great Seal of Scotland, I am in possession as undoubted heir. The estate being under forfeiture, I paid 9,000l. for its discharge, which was granted by order of Council 13 November 1656, and is ratified by Parliament; and as Parliament admits those who pay the fines on their estates to have them free of incumbrances, the Council in Scotland have appointed Commissioners to see that I pay all the debts to which the estate was liable. Yet the Earl of Abercorn and his son pretend a title to part of the estate, or an annuity, though they can plead no title, and I have an action of declaration against them [see 12 March, supra], whereby I shall prove before the supreme power that they have no right to the estate of my father or uncle. I beg that there be no further procedure on his pretences, but that I may enjoy my estate according to the laws of Scotland. [¾ page.] Annexing,
32. I. Statement of the case in full. [¾ sheet.]
May 13. Reference in Council of the petition and case to the same Commissioners to whom the report on the Earl of Abercorn and Lord Paisley are referred. [I. 78, p. 617.]
May 13. COUNCIL. Day's Proceedings.
1. Order on report from the Committee on information concerning Mr. Stapleton, on his examination, and on information of Maj. Waterhouse and Capt. Overton, to write to Col. Smith to examine Sir Hen. Slingsby's servant, now in custody at Hull, and report.
2. The paper presented by the Commissioners on new buildings referred to Desborow, R. Cromwell, Sydenham, Wolsley, Fleetwood, Jones, Strickland, and Mr. Secretary, to meet this afternoon, and the Treasurers to have notice.
3. Order on report from the Committee on Sir Job Harby's petition, that the Treasury Commissioners consider it, and the papers annexed, and state the case as to the petitioner's claim to the imposition of 4s. a chaldron on coal, and report.
4. The petition of Vyner and Backwell, goldsmiths, for making small money referred to Sydenham, Montague, Rich. Cromwell, Jones, Mulgrave, Desborow, and Mr. Secretary, to report.
May 13. His Highness present.
5. The petition and proposals of the Governor, assistants, and fellowship of Eastland merchants, referred to the former Committee on Eastland merchants.
6. Order on petition of the Governor, and assistants, and fellowship of Merchant Adventurers of England, to advise a like proclamation on their behalf as was issued May 30, 1656, with addition of the like clause—enjoining observation thereof both by Customs' officers, commanders of forts and ships, and Admiralty Judges—as is contained in the proclamation for the Muscovy Company, and Mr. Secretary to prepare the clause.
8. Wolsley, Mr. Secretary, and Strickland, to speak with Lord Whalley concerning his donative in Scotland, and the rents thereof informed to be detained from him, and to report.
10. Mr. Secretary, Mr. Comptroller, Sydenham, Wolsley, and Mulgrave, to consider the report of the Treasury Commissioners concerning the Stilyard, and to hear Mr. Peterson, agent for Hamburg therein, and report.
11. The paper from the Committee on Ely House and Savoy Hospital referred to 4 of those appointed to supervise that affair, to whom Lord Cooper is added.
13. The petition and case of the Marquis of Argyle referred to the Scotch Committee, to report.
14. Order on a report on the case of Geo. Starkey [see 11 May 1658], that the charge be sent to Corn. Holland, and Capts. Cannon and Aldridge, justices of peace for co. Berks or Bucks, and they be required to examine it, and prosecute Starkey for the matters that shall be proved. Dr. Young to have notice to attend, and the justices to report proceedings in a month. Approved in person.
15. Order that Starkey be freed from the custody of the serjeant-at-arms, on promise to a clerk of Council to appear before Council when required. Approved in person. Annexing,
33. Report on which the above 2 orders are founded, noting that Dr. Young's charge is for matters "exceedingly scandalous and heinous." 12 May 1658. [1 page.]
16. 34. The Admiralty Commissioners to order the Navy Treasurer to pay John Hide and Peter Wilkinson, from whom they hired the Fortune of Great Yarmouth, for a storeship at Mardike, what is due for freight. [I. 78, pp. 615–618.] Annexing,
34. I. Order in the Admiralty Committee for the Navy Commissioners to order the said payment. 29 May 1658. [½page.]
May 14. Westminster. 35. Sir Thos. Widdrington, and Col. Wm. Sydenham, Treasury Commissioners to the Admiralty Commissioners. On a report from the Protector of the petition of Geo. Cooper—concerning the disposal by you of some timber trees growing in Clarendon Park, to which he pretends a right—we sent you his petition, and received your answer, which we sent him; but as he denies the greater part of it, and what he admits is very much for his own purpose, we doubt whether we can make a satisfactory report to his Highness without a conference with some of you, and therefore have appointed Tuesday forenoon for that purpose. [¾ page.]
May 14. 36. Deposition of Charles Le Canne, in the Admiralty Registrar's Office for the Cinque Ports.—Was master and part owner of the St. Francis of Calais, Mark Bishone, fisherman of Calais, being the other owner. Went 7 weeks since from Calais to Dieppe, where he took in 59 barrels of flour, 3 hogsheads of vinegar, 2 barrels of barley, 2 of linen cloth, and 3 of haberdashery ware, for transportation to Calais, on several merchants' accounts. On returning from Dieppe to Calais, was taken by a small Dunkirk man-of-war, commanded by Capt. Bartram, who carried her towards England; but after having her in his possession 29 days, she was retaken by the Newberry, near Newport, with her lading, save the flour, which Capt. Bartram's company took away and disposed of. Admits that the papers produced are those he had on board when captured. [1 ¾ pages.]
May 14. 37. Petition of Jas. Symes to Rich. Cromwell, Lord Chancellor of Oxford. At request of Dr. John Owen, then Vice-Chancellor, I did much service to the University in finding out rents for maintenance of a Divinity lecturer, the pension out of the Exchequer being discontinued, because of the sale of the King's lands, and the lecture likely to cease; but these rents were granted in lieu of pension, and I was promised the collecting of them, and a large reward. I have some rents in hand, and my accounts ready, but the present Vice-Chancellor, not knowing what had passed, has subpœnaed me in the Exchequer chamber for payment, never mentioning any recompense to be given me, nor the labour and expense of collecting the rents. I beg stay of the suit, and will pay what you judge fit without suit. With reference thereon to the Vice-Chancellor. [1page.]
May 14/24.
Argenton.
38. John Heinsius, B.A., to Williamson, Frankfort. I understand so much of your wonderful learning that I cannot find words to express myself in answering yours, but I should be most happy if I could ever enjoy your favour. Note of writers on the Teutonic order. [¾ page. Latin.]
May 14/24.
Brussels.
Warrant by Charles II. to John Heath, counsellor-at-law, to prepare a grant to Sir Wm. Throckmorton of the office of Marshal of the Marshalsea of the Household for life, with power of constituting 6 under marshals, and appointing them the usual salaries. Signed. [1 page, Flanders correspondence.]
May 17.
Lidney.
39. Dan. Furzer to Fras. Willoughby, Navy Commissioner. I presume once more to present my sad condition to you, for want of money to relieve my family, as also to pay off the several debts on the State's account for which I am every day threatened, but not able either to satisfy them, help myself, or go on with the State's business as it ought to be carried on, and might be with a competent supply of money. If this business be of no more concernment, it were better to let it fall than to suffer it to go backward, as it will daily, which I do not desire to see, but rather that, all things being discharged, I may be taken off from my bondage, and I shall cast myself wholly on Providence for my future, not being able any longer to subsist on this account. But as hitherto I have been faithful and painful in managing the business, so I still should take as much pains as ever, and be careful and faithful to the utmost of my power, if requisite encouragement and supply may be granted.
I desire that the season of the year may not be spent ere I be resolved how you will deal with me, because there is some likelihood of a particular employment, to which I can give no answer before I know what you will do concerning me. Let me speedily hear what may be done as to a supply, as I have not had money enough by 100l. the last 18 months to pay workmen, and it is now augmented to 300l. If I were worthy at least to hear how I should be supplied, I could then give some satisfactory answer to poor men, some of whom by report will never be able to recover what they have lost by staying so long for their money. I also desire the premises may be so weighed and seriously considered that the result thereof may produce the desired effect—that is, that poor men may be rewarded for their honest labours, and the State's business may prosper and be advanced. [2 pages.]
May 17/27.
Bruges.
Jos. Jane to Sec. Nicholas. Galbreth and Capt. Lendall have had a difference about their shares in the voyage for taking Mr. Crisp. Galbreth wishes arbitration, but Lendall will only submit to the King and Lord Chancellor, who are his friends, he says. John Strahan confirms Galbreth's pretensions, and says he has been much wronged. He wants you to ask the King or Chancellor for a reference. Strahan fears ill consequences if there be not a fair end to it. [Extract, Flanders correspondence.]
May 18. 40. Petition of the inhabitants of Glaston, co. Somerset, and of John Huett of Exeter, sergemaker, to the Protector. In July 1653, a sudden night fire destroyed our houses and goods, and 44 pieces of Huett's serge, total loss 2,500l., so that we are reduced to live on alms. We beg a brief to collect charity, entrusting Sir Thos. Pride, John Webb, Rich. King, and 4 others with its receipt and distribution. With reference to Privy Council. 17 Nov. 1657. [1 page.] Annexing,
40. I. List of 17 persons who sustained loss by the fire. [Scrap.]
40. II. Certificate by Maj.-Gen. John Desborow and 12 other "men of great quality," to the fire, and loss thereby. Wells, 8 Jan. 1655–6. 13 signatures. [1 page.]
40. III. Folding sheet to the petition, noting its receipt. 30 Nov. 1657, and order 13 May 1658. [Parchment.]
May 18. Order for a warrant for a collection in cos. Somerset, Devon, Cornwall, Wilts, and Gloucester. [I. 78, p. 619.]
May 18. COUNCIL. Day's Proceedings.
1. A letter reported by Mr. Secretary from Lord Ambassador Lockhart at Mardike 16 May read.
2. To advise his Highness to publish a declaration inviting persons to send over all sorts of necessaries to Mardike, for which they shall receive satisfaction in ready money there. With letter to the [sheriffs of counties] for its publication. [I. 78, p. 874.]
3. Desborow and Mr. Secretary to write to Maj. Burton to send to Mardike 20 chaldrons of coal, for which there is a promise to make present payment there, or in default, they will pay him in cash.
4. Lord Ambassador Lockhart empowered to give fit directions to masters of vessels wherein hay is shipped to Mardike, for disposal of the same, which orders the masters are to observe.
5. Order on petition of parishioners of St. Mary Blandford and Brianston, co. Dorset, and a certificate from the justices of peace at the general quarter sessions at Bridport, 6 Oct. last,—that on 20 July last there occurred a fire there, which in 2 hours consumed the dwellings and outhouses of Chris. Jones and others named, with their corn, goods, and household stuff; also the goods of Clara Blithwood, widow, Law. Fiand, and Thos. Upshall, amounting in all to 1,000l., as is ascertained on oath, as also that the losers are poor and industrious—that his Highness be advised to allow the petitioners, by letters patent under the Great Seal, to collect money from the charitably disposed for their relief, in cos. Dorset, Somerset, Hants, and Wilts.
6. The request of the Earl of Lothian, that the judges of Exchequer in Scotland, who now have the power of the late Commissioners at Leith, may be authorized to carry out an order to the latter, made on his petition 17 July 1655, referred to Strickland, Sydenham, Mr. Comptroller, and Mr. Secretary, to report.
7. On report from the Committee on the Piedmontese Protestants,—that hearing from Mr. Morland of their sad case, how those that are able have to fight in their own defence, and their wives and children to fly for safety to the Valperosa, under the King of France's dominion, with other requests from them, viz., that 3,000l. may be sent over at once to the 7 Commissioners, Mr. Bremond, Mr. Huges du Boeuf, M. Gasper du Boeuf, Syndic of the Protestant church of Grenoble, Fran¸ois Mathieu, Sieur Burlamachi, and Mr. d'Ice, pastors of the church at Grenoble, to be ready in case a war breaks out as expected; also that the rest of the money may be disposed thus:—
£
To John Leger, their chief minister, for expenses in entertaining those who come to him on business 100
To Mr. Le Preux, gratuity of 40
To each of the 8 ministers under the Duke's dominion an annual pension of 40l., in all 320
To each of the ministers of Valperosa, one of 10l. 30
To the chief schoolmaster of the Valleys 20l., to the 10 under schoolmasters "6l., and the 3 under schoolmasters in Perosa Valley, 3l. per annum 89
For 4 students in Divinity and Physick 10l. 40
For a physician 25l., and a surgeon 10l. 35
May 18. Also present gratuities for a recompense for those who have lost their estates for refusing to sell them to Papists, 500l.
Among the chief commanders, 100l., of which Capt. Granavel is to have 40l.
Order that the Treasurers for the money collected remit it immediately accordingto the said report. Approved 24 May.
8. To advise an order to the Treasury Commissioners to advance what his Highness shall think fit to Viscount Falconbridge, towards the charge of the negociation with the King of France.
9. Desborow, Mulgrave, Rich. Cromwell, Jones, Mr. Secretary, and Strickland to consider what was now proposed concerning payment of last year's salary to the judges for probate of wills, and report.
10. The Army Committee to order the War Treasurers to pay 10,000l. for the forces in Ireland, sending it in waggons to Chester to be shipped, and the Admiralty Commissioners to appoint a ship to transport it to Dublin. Approved 24 May.
12. Order to Clement Kinnersley to hang the place to be erected in Westminster Hall for the sitting of the High Court of Justice with red stuff.
13. Col. Humphreys to deliver to the Sword Bearer appointed to the High Court of Justice the sword formerly the late King's, and bought for his Highness' use and paid for accordingly.
14. Order—on report on the petition of the inhabitants of Weymouth [see 8 Dec. 1657] that 400l. a year should be allowed for 3 years out of the customs at Weymouth for repair of the haven there—that Council can do nothing therein, the customs' revenue being so settled that no part of it can conveniently be disposed of. Annexing,
41. Report alluded to by Sydenham, Lisle, and Mulgrave, advising the 400l., and account of its expenditure to be given in to Council. [1 page.]
15. Order—on recommendation of the Committee for approval of Ministers [see 13 April 1658]—that Nathan Noyes, of Christchurch, Oxford, now chaplain to Maj.-Gen. Morgan, be one of the 3 preachers to be sent to Mardike, have pay as ordered 6 May, and 40l. in advance from Council's contingencies. Annexing,
42. Certificate by the said Committee alluded to 14 May 1658. [2/3page.]
16. Lik order for Wm. Gale to be one of the preachers for Mardike, with like advance.
17. Richard Cromwell, Fleetwood, Strickland, Jones, Mr. Secretary, and Desborow, to consider a particular of the defects of Hull garrison presented by Maj. Waterhouse, and report.
18. Order on a letter to Lord Fleetwood—praying a receipt for the Ordnance officers at the Tower for the 600 suits of arms and other provisions sent to Whitehall, according to his Highness's order—that Capt. Beale or another Adjutant-General give a receipt.
May 18. 20. On a letter from the Commissioners for ejecting scandalous Ministers, &., for co. Oxon, to Dr. Owen, Dean of Christ Church,—that in February 1656–7, a charge of scandal was brought against Hen. Beeseley, minister of Swerford, and on full enquiry before 8 Commissioners on April 12, 7 of them convicted him of public and profane scoffing, and 6 of profane swearing, which 6 voted his ejectment, and appointed a godly minister in his place; but that nevertheless on 26 April, several Commissioners met again, who were but slightly acquainted with the case, and ordered it to be heard again on 24 May, 3 of those who had ordered the ejectment being distant from Oxford at the time, and 2 Commissioners present protesting against the re-hearing—order to write to the Commissioners telling them what is reported, and expressing Council's displeasure if it be true, and ordering an immediate report.
21. Order—on petition of the members of the congregational church in Warwick against Ralph Blick—for a letter to the justices of peace of the county concerning this matter. [See p. 31, infra.]
22. John Rusden not having attended Council as ordered on 20 April last, order that Major Art. Evelyn, Edw. Jennings, and Rusden be speedily called to account for the materials of Wallingford Castle, demolished by them, and pay the balance into the Exchequer, that it may be paid to Mich. Molins as ordered 30 March last.
23. Order to alter the standard for the General of his Highness's fleet, to bear the arms of England, Scotland, and Ireland, with his Highness's escutcheon of pretence, according to the Great Seal of England, and the Jack flag for the flag officers to be the arms of England and Scotland united, according to the ancient form, with the harp added, according to a model now shewn; the Admiralty Commissioners to take orders that the said standard and flags be prepared. Annexing,
43. Order by the Admiralty Commissioners accordingly, 22 May 1658. [¾ page.]
24. On petition of Mich. Morfell, of Wisbeach, agent for the townships of Ely Island, who contributed to reduce Croyland garrison, co. Lincoln, shewing that 455l., paid by consent of Capt. Rich. Harrison, late treasurer for moneys granted for satisfaction of the above contributions, remains in trust in Wm. Fisher's hands, which the petitioner desires to have for use of the inhabitants,—order that Fisher pay it to Morfell, on security that he will distribute it according to the proportions ordered by the late Committee of Parliament on Ely Island, and he is to give a receipt. Approved 29 June.
25. Col. Hen. Smith's foot company, now at Kingston-upon-Hull, to be put on the Establishment as one of the companies of that garrison, and Capt. Geo. Westby's company, now at Hull and Clifford's Tower, to be placed as a company of Col. Salmon's regiment. Approved 3 June. [I. 78, pp. 618–627.]
May 20. 44–46. Petition of Kenelm Manwaring, late minister of Norton, co. Derby, to the Protector. Though I had a fair report from the Commissioners in Derbyshire, where I have lived 14 years, yet as I stood sequestered on articles from Gravesend, I am obstructed in approbation to a place in co. Notts. I beg leave to answer those articles at Gravesend, where I was a resident minister 16 years, and sequestered in my absence. With reference to Baron Parker, Peter Pett, and the Mayor of Gravesend, to enquire about these articles and certify; 21 Dec. 1657. Report by John Smith, mayor, that all the persons suspected denied having anything to do with the articles; that Manwaring has sufficiently cleared himself, and that the ancient inhabitants report him a deserving person. Gravesend, 28 Jan. 1657–8. Report by Baron John Parker concurring with that of the mayor, to whom he referred the case, adding that having himself lived at Gravesend divers years, when the petitioner was minister, he observed no evil in him; and further reference to Council, signed by the Protector, 13 March 1657–8. [3 papers.]
May 20. Reference thereon by Council to the Committee for Approbation of Ministers, to grant him any living or augmentation they judge fit, the former articles against him notwithstanding. Approved 3 June. [I. 78. pp. 628, 665.]
[May 20.] 47. Petition of the inhabitants of Cowden, Kent, to the justices of peace at the assizes to be held at Maidstone 7 July 1657. On 1 May last at noon, a great and sudden fire broke out in our town, and was not put down till it had burned 8 houses, a warehouse, 2 stables, 2 barns and other outhouses, and the almshouse, with most of the goods therein, so that our damage was 1822l., whereby we are, many of us, utterly ruined, and cannot provide for our families. We beg you to obtain a patent for us for a public collection. [28 signatures, 15 being by mark. 1 sheet.] Annexing,
47. I. Certificate by the inhabitants of Cowden and the neighbouring parishes of Etonbridge, Hever, Chiddingstone, and Penshurst, to the truth of the above. 53 signatures, 5 being by mark. [1 sheet.]
47. II. Certificate by Martin Pyke and John Seyliard, on survey of the losses, that the loss in buildings amounts to 1822l. 4s. 1d., on estimate given by carpenters and masons, and that in goods is deposed to be 753l. 14s. 1d. 11 May 1657. [1 sheet.]
47. III. Bill of the losses of the several individuals in goods,—total 753l. 14s. 1d. [1 sheet.]
47. IV. Request by Geo. Duke and 10 other justices of peace at Maidstone assizes, to the Commissioners of the Great Seal, for customary relief to the distressed petitioners. [2/3sheet.]
47. V. List of 20 counties [which they desire to be inserted in their brief] with John and Rob. Seyliard as treasurers. [2/3page.]
May 20. Order for a patent for them to take the alms of the well-disposed in cos. Kent, Essex, Surrey, Sussex, Norfolk, and Suffolk. [I. 78, p. 629, 630.]
May 20. 48. Petition of John Ousley, late minister of Claypoole, co. Lincoln, to the Protector. I was appointed to the South rectory here 6 years ago, at the request of the inhabitants, and with approbation of the patron; but some of the parishioners, whom I sued for detaining tithes, prosecuted me for scandal to the county Committee for Ministers, 6 only being present, and I was outed, though I had rebuilt at my own charge the parsonage which was burnt down. Having been peaceable and conformable, I beg restoration. With reference 22 May 1657 to the Privy Council. [1 page; also I. 93, No. 73.] Annexing,
48. I. Certificate by neighbouring gentlemen and by the inhabitants of Claypoole, and also by 3 ministers, Edw. Gilder of Welburne, Thos. Bedford of Ledenham, and Sam. Pickering, of Broughton, to his good character, and his innocence as to the charges brought against him from personal distaste. 35 signatures, 15 being by mark. [1 page.]
48. II. Like certificate of the inhabitants of Claypoole, that Crosley brought a 17 years' good character from his former abode, and has lived piously and studiously, and they wish to free him from unjust aspersions. 22 October 1655. 41 signatures, 26 being by mark. [1 sheet, damaged.]
48. III. Like certificate that he was schoolmaster at Allington 20 years, and 15 years minister in the far parts of Lincolnshire, whence he came to Claypoole, the place of his birth, assisting the Allington minister every other Lord's day. Signed by the following ministers—Rob. Clarke of Allington, Rob. Alington of Hougham, Jos. Thurston of Beckingham, and Sam. Pickering, of Broughton. 21 October 1655. [1 page.]
48. IV. Note of the articles against Crosley
1. Staying long at an alehouse.
2. Using the book of Common prayer in part, at baptisms and burials.
3. Drunkenness.
4. Fighting.
With exceptions against them, and the prosecutors and proceedings, he being outed by the voice of only 3 men, whereas the Ordinance requires 5 or more. [1 page.]
May 20. Reference thereon by Council to Rous, Rich. Cromwell, Desborow, Wolsley, Jones, and Mulgrave, to report. [I. 78, p. 632.]
May 20. COUNCIL. Day's Proceedings.
1. A letter from the Council in Scotland of 11 May,—giving account of proceedings according to the order of 4 May, concerning bringing in the next 6 months' assessment—read.
May 20. 3. The certificate of the Customs' Commissioners on the petition of Augustine Coronell, merchant of London, referred with the petition to the Committee for the Preservation of Customs, to act.
6. The officers of 5 foot companies of Col. Salmon's regiment, who are to be shipped from Yarmouth for Mardike, to be allowed to transport their own horses custom free, if the total exceed not 15.
7. Like order for the 5 foot companies of Col. Guibon's regiment, to be shipped from Dover to Mardike.
8. The goods, baggage, &c., to be sent to France for accommodation of Visct. Falconbridge and his retinue, in his present negotiation with the King of France, to pass without search, demand of duties, or other molestation, and the Customs' Commissioners to take order accordingly.
9. 49. The Admiralty Commissioners to order a convoy to Dover Pier for the Charles ketch, or other vessel wherein his goods shall be embarked, and to take her in charge in Lee roads.
10. To advise an order to the Treasury Commissioners, to pay Thos. Temple, junior, 20s. a week till further notice.
11. Order on report from the Committee for settling salaries for the Judges of Probate of Wills, to advise an order to the Treasury Commissioners to pay Rich. Lucy, Thos. Manby, John Hildesley, and Chas. Geo. Cock, judges, amongst others, 300l. each for the year past ending 9 May, gratis without fees.
12. Rich. Cromwell, Mulgrave, Fleetwood, Desborow, Strickland, Mr. Secretary, Jones, Fiennes, and Rous to consider fit means for regulating the Office of Probate of Wills, as to registrars and inferior officers, to consult whom they see cause, and report.
14. The petition of Rob. Payne, late minister of Berkford, co. Bedford, concerning his restitution, read and laid aside.
15. 50. The Admiralty Commissioners to consider the bill of exchange for 1,500l. payable to John Aldworth, and drawn by Capt. Stoakes, Commander-in-Chief of the Fleet in the Straits, and examine what total Stoakes has drawn, and if it exceeds what he was authorised to draw, and report.
18. Mr. Comptroller, Desborow, Mulgrave, and Wolsley to consider how the paying of 30l. to Miles Chaldron of Barnstaple, who in October 1642 lent 20l. 16s. on Public faith, may be managed in regular form. [I. 78, p. 628–632.]
May 20.
Whitehall.
Pres. Lawrence to the Justices of Peace for co. Warwick. Council hears it complained that Ralph Blick, constable of Hampton-on-the-Hill, in Bugbrooke, co. Warwick, at the last assize, maliciously indicted Wm. Whitehead, an old member of the Congregational Church at Warwick, for not attending his parish church, and demanded payment of 2s. 6d. for every day's absence, much to his inconvenience and the discouragement of many godly persons; they desire you to look into the matter, and if you find the case to be as it is represented to us, to disown the said proceedings, and discourage them in future, as contrary to the liberty of worship allowed by law. [I. 78, p. 874.]