State Papers, 1659: April (1 of 2)

April (1 of 2)

The Spanish embassador to the states general.

Exhibitum die 11. Aprilis, 1659.

Vol. lxiv. p. 3.

Le soubsigné conseiller du roy d'Espagne, son secretaire, et de son ambassade, aupres de messieurs les estats generaux des provinces unies du Pais Bas, a receu ordre de son excellence de seigneur marquis de Caracena, de faire plaintes à LL. SS. de l'insult commis le 6. de ce mois par quelques predicants de Bergopzoom contre les religieux du cloistre de Huybergen, situé notoirement sous lasouveraineté du roy son maistre, s'estant non seulement outrecuide de les troubler dans l'exercice divin, mais tasché de plus par toutes sortes ces de finesses, et sous pretexte d'en avoir un ordre de LL. SS. (ce qu'ils non pourtant jamais voulu monstrer) de se rendre maistre de l'eglise pour y precher, de quoy n'ayants pu reussir, ils l'auroient fait sur le cimetiere avec grande insolence et menaces de chasser les dits religieux dans peu de jours. Et comme l'on tient pour certain, que cet attentat ne provient que du zele indiscret des dits predicants, qui l'ont entrepris de leur propre ches et authorité, sans aucun ordre de LL. SS. il a charge de son excellence de les prier et requerir (comm' il fait le plus serieusement qu'il peut) de donner au plustost les ordres necessaires à ce que cette violence soit deuement reparte, et que les dits predicants ne viennent plus à empescher par semblables nouveautés et troubles sur la jurisdiction de sa majesté, au prejudice de la litispendence, qui est devant la chambre mypartie touchant le dit cloistre de Huybergen, en vertu de laquelle toutes voyes de fait doivent cesser. Ce qu'il veut esperer de la prudence et moderation de LL. SS. et qu'elles observerent toute forte de bon voisinage et correspondence de ceur coste, comme l'on en use de la parte de sa dite majesté. Sur quoy il attend une prompte et favorable resolution de LL. SS. Fait à la Haye, le 11. de Avril, 1659. Signé.

V. Richard.

The city of Hamburg to the protector Richard.

Serenissime & Celsissime Protector, Domine Clementissime,

Vol. lxiv. p. 21.

Posteaquam nobis à nostro ablegato jam pie desuncto syndico domino Joachimo Peterssen relatum fuit, Scoticum colonellum Patricium Hay deductionem prætensionum suarum in scriptis serenissimæ celsitudinis vestræ domino parenti gloriosissimæ et piæ memoriæ, ut et illustrissimo concilio status, & amplissimo judicio admiralitatis exhibuisse, eique multa documenta in probationem adjunxisse, per prænominatum nostrum syndicum copiam prædictæ deductionis & adjunctorum documentorum instanter rogavimus; & cum præter omnem expectationem ipso vivo petitis nostris delatum non suerat, per præsentem nostrum ablegatum eandem petitionem ingeminavimus, & tandem prædictam deductionem una cum aliquot documentis a judicio admiralitatis obtinuimus, nobisque copialiter transmissam die 22. Martii accepimus.

Cum autem ex communicata deductione & adjunctis documentis appareat, quod colonellus Hay non tantum de toto senatu nostro, sed & de ejusdem membris, partim viventibus, partim in Christo quiescentibus, virulentas calumnias nunquam probandas perfricta fronte & maledice protulerit, falsisque attestatis corroborare tentaverit:

Proinde existimationis nostræ & defensionis naturalis ratio efflagitat, ut calumniæ veritatis deductione & oppositione resutentur, & innocentia nostra serenissimæ celsitudini vestræ totique mundo demonstretur. Illa remonstratio dum adornatur, & brevi sequetur, de serenissimæ vestræ celsitudinis clementia observantissime considimus, eam calumniis istis Haiianis nullam fidem attributuram, nec, dum in defensione nostra conficienda occupati sumus, quicquam in nostrum & civitatis nostræ præjudicium in hac causa decreturam.

Faciet hoc ipso serenissima vestra celsitudo, quod glorioso suo nomini justitiæque par erit, nosque ad omnem observantiæ cultum arctius sibi obligabit. Quo ipso,

Serenissimæ vestræ Celsitudini

Observantissimi, Proconsules & senatores civitatis Hamb.

Dab. 2. April. 1659.

Ad Serenissimum & Celsissimum Dominum Richardum, Protectorem Angliæ, Scotiæ, & Hiberniæ.

The city of Hamburg to secretary Thurloe.

Generosissime & excellentissime domine, domine ac amice plurimum colende,

Vol. lxiv. p. 23.

Gratum nobis suit a nostro ablegato secretario percipere, quod deductionis Scotici colonelli Patricii Hay, ejusdemque documentorum copia nobis tandem communicata sit.

Cum autem prædicta deductio Hayana ex falsis præsuppositis & documentis merisque calumniis consecta sit, auctoritas innocentiaque nostra exigat, ut per contrariam remonstrationem veritas adstruatur, & calumniarum falsitas detegatur, de serenissimo ac celsissimo domino protectore, quæ singularis ejus est clementia, observantissime confidimus, eum, dum defensionem nostrum conficere curamus, nihil in præjudicium nostrum nostræque civitatis in hac causa determinaturum; proptereaque humillimas ad eum dedimus literas, prout inclusa copia pluribus indicat.

Quocircam generosissimam vestram excellentiam summopere rogamus, ut ea, qua apud serenissimum dominum protectorem conciliumque status pollet gratia & auctoritate, procurare velit, ut nobis inauditis nihil in hac causa determinetur, sed causa eousque in suo statu conservetur.

Generosissima vestra excellentia præstabit nobis officium juri & æquitati congruum, quodque omni officiorum genere quocunque tempore promereri studebimus, & generosissimam vestram excellentiam hisce divinæ tutelæ commendamus. Dabantur sub signeto nostræ civitatis, die 2 Aprilis, anno 1659.

Generosissimæ vestræ Excellentiæ

Officiosissimi, Proconsules & senatores civitatis Hamburgensis.

The city of Hamburg to the council of state.

Illustrissimi, illustres, nobilissimi, ac magnifici domini, domini observandissimi,

Vol. lxiv. p. 29.

Cum tandem petitionibus nostris æquissimis delatum, & deductionis Scotici colonelli Patricii Hay, ejusdemque documentorum conjunctorum copia nobis communicata sit, nosque ex iis deprehendamus, quod meris calumniis ex falsis documentis consutis causam suam injustam defendere tentet, nostræque existimationis & defensionis ratio postulet, ut veritatem rei gestæ nostramque innocentiam serenissimo ac celsissimo domino protectori totique mundo demonstremus; proinde serenissimo ac celsissimo domino protectori per literas desiderium nostrum exposuimus, quarum copiam illustrissimis, excellentissimis, acnobilissimis, magnif. & dominationibus vestris communicamus. Easdem summopere rogamus, ut beneficio auctoritatis suæ procurare velint, ut causa in integro suo statu conservetur, & nobis inauditis nihil decernatur.

Illustriss. excell. ac nobil. magn. ac dominationes vestræ præstabunt nobis officium juri & æquitati congruum, quodque omni officiorum genere quocunque tempore promereri studebimus. Illustr. excell. ac nobil. magn. ac dominationes vestras hisce divinæ tutelæ etiam atque etiam commendantes. Dabantur sub signeto nostræ civitatis, 2. Aprilis, anno 1659.

Illustriss. excell. ac nobiliss. magnific. dom. vestrarum

Observantissimi, Proconsules & senatores civitatis Hamburgensis.

From Mr. H. Howard.

Vol. lxiv. p. 41.

Sir,
Being informed of what passed the other day touching the election at Rysing at the committee of priviledges, where I conceive I was much detracted by some of colonel Jermy's witnesses and relations, and fearing least I should by my silence thereto acknowledge myselfe guilty of any part of those malicious slaunders, is the occasion I now give you the trouble; and much the rather, seeing that by their malicious machinations they seeme to entrench on the honour of no lesse person then his highness the lord protector and the secretary, as it were, inferring their directions underhand for what I did (as they tearme it) goe sinisterly about to effect; the which had it been in the least title true, I could have willingly sate downe (both to myselfe and others) with the severest censure of the most rigorous person present at the hearing of the sayd cause, where it was alledged, that I should in publique at Rysing tell colonel Jermy, and others present with him, that I was, before I came from London, engaged by his highness and the secretary to get colonel John Feilder chosen a burgesse of that place; and also that in a letter, which I wrote to Mr. Goddard of Lynne, I therein named and specified as much to him. To the first point of what I spake to colonel Jermy and the rest, I am ready at any time to make oath point-blanke, that the sayd allegations of theirs are false; and I can and will at any time, when I am called, bring several unbyassed persons, who were present all the while that day, when I spake to any of them, who will witness, that there passed not to their hearings, or to their knowledge, the least syllable to that purpose or effect: and I hope in the interim my word will sooner be believed then theirs; for I never was defamed for lying, or recorded for perjury, or suborning thereof. And I hope moreover, it will appear no vanity in me, if I say, I think my simple word at any time ought to go as far in any man's belief as theirs, since that in matters of farr greater moment, and in the whole transaction of the payment of so many scores of thousands of pounds, and all kinds of persons, which I have dealt with, there is not one can say, I ever broke or falsified my word or honour in the least tittle. Next, as to the improbability of their lye, that if such a thing had been true, a man of common sense, that had the least grain of reason about him, should in publick say that to those persons, which then professed themselves his and his businesse's enemys, which immediate after, by their relating it, must of necessity crush and quash himself, and give them all the advantage possible, is a thing so ridiculous in itself, as it needs no other consutation. Wherefore also I omitt many other convincing circumstances, to come to one positive and demonstrable proof, where I shall shew you, how diametrically opposite this lye and invention of theirs is to a plain truth. 'Tis sayd, that in my letter to Mr. Goddard, which I wrote the day before the election, I desired him to desist, for that I was engaged to, and had promised his highness the lord protector and the secretary to choose colonel John Feilder there. Sure, Sir, whosoever it was, which alledged this so confidently in publick before such honourable persons, did forget the old proverb of Oportet mendacem esse memorem; else his memory would have prompted his malice some other way, and framed a more likely story. For Mr. Goddard himself, I doubt not, can and will shew the very letter itself, to whom I pray you write about it; and if there be one word, or the least mention of either of those names, I am content to be censured, and will sit down with the infamy, which I think those, that invented that falsehood, are guilty of; and I will upon those terms willingly change my esteem in the world with theirs; but if not, I hope both I and they shall keep the same characters in that point, as I state them. Now, Sir, besides this, to shew you both at present what I wrote, and why I wrote, I here send you a true copy of the letter, which upon my faith and reputation is verbatim, not adding or diminishing the least syllable, and was then immediately copyed out by me, although I very seldom keep any copy of letters. Wherefore I shall also declare the very occasion to you, why I kept it, which was to shew to Sir William Doyly, to whom I sent it the next day after the election; and he being a very honourable and worthy person, and one you may meet every day in the house, I pray for my justification ask him for it; and I doubt not but he will shew it you, and compare it to this I send; for he very well knows, and so I think yourself doe also, that I was, before I went down to Rysing, engaged by promise to my lord Hobart, and to him, to use my best endeavours for promoting the election of Mr. Baldock, and Mr. Brag; and after (for some reasons you know) colonel Feilder would not stand at a place, where he else certainly had been chosen, I resolved to endeavour to get him chose at Rysing; and you know I agreed with, and continued it so by letter with the abovenamed 2 persons, that colonel Feilder should be with their good likeing chose there for one; intending Mr. Baldock, as my letter mentions, for the other. These were the 2 persons of note and eminency, which my letter to Mr. Goddard speaks of, to whom I was engaged; for I do protest, I neither wrote or thought of any other person at that time, which had engaged me, but the abovesaid lord Hobart, and Sir William Doyly; and so it not only appears by the whole story and sequel, but even colonel Jermy himself and his confederates can, if they durst speak truth, also testify, and especially since themselves (whatever they pretend) cannot but remember, that on the very day of election I named to them these 2 persons, viz. the lord Hobart, and Sir William Doyly, which I doubt not also but I shall prove to their faces by persons then present of more credit and unspotted reputation, whose testimonies in a matter not concerning them will, I hope, be sooner believed then colonel Jermy's, or any of his associates in their own case. And besides this, to shew you more clearly, how they of purpose mistake the true state of the case, it is obvious, and I shall prove it even by his witnesses, and the unanimous consent of almost every one of the burgesses, that they generally agreed they would first chuse one, any whomsoever I should recommend; but for the other, they would be left free for Mr. Goddard; whereupon I did then recommend colonel John Feilder, and had their promises and assurances for him; and believing, that in the next place Mr. Goddard only could intervene betwixt Mr. Baldock's choice, little imagining, that colonel Jermy's rents in that country, or the character I heard elsewhere generally given him, had left him in a capacity of being ranked in so honourable company; and thinking myself assured to meet with no other valuable opposition, whereby Mr. Baldock might be chose, but Mr. Goddard's was occasion I wrote that letter to him, being informed also by Mr. Goddard's friends, that he did not seek it. Wherefore, as it is therein mentioned, it was for Mr. Baldock's sake alone I wrote, who is a person, I believe, never in his life either spake with, or saw his highness or the secretary, or did either of them ever see him, or hear his name; and therefore how upon their accounts I should endeavour to get him chose, I see no coherence; and Mr. Goddard himself, who is a stranger to me, can justify, that I afterwards on the election-day told him as much, I then naming to him my lord Hobart and Sir William Doyly to be the persons, which had engaged me therein. To conclude, as to the whole matter, I know no reason, why I, that have a voyce, and as good a right to choose at Rysing as any one of the burgesses, should be debarred, or thought ill on, for endeavouring both by my presence and friends to get such persons fairly chose, as I verily believe will do their nation and the country good service; and till I can believe it a crime, I shall not desist from it. Sir, pardon, I pray, the tediousness of this: a charge you know requires a fewer lines than an answer; besides, that when I see you next, I shall be much better able then by paper to express at large all the particulars of the wrong, which herein has been put upon me; and wherein I hope you will study all private and publick occasions to vindicate,

Sir,
Your very affectionate and humble servant,
H. Howard.

Albury, April 4^th, 1659.

General Montagu to the king of Sweden.

Vol. lxiv. p. 45.

Most serene and most potent Prince,
The present unhappy dissention and warr between your most serene majesty and the king of Denmark, with the evills and inconveniences proceeding or depending thereupon, not only to yourselves and people, but also to your allies and neighbours, being seriously pondered by his most serene highness the lord protector of England, Scotland, and Ireland, he hath found it best to use his utmost perswasion and endeavours towards both your majesties, for the composeing of the same; and hath commanded me to sail into these parts with his fleet, and to demean myself as a common friend to you both, contributing what in me lyes to remove those difficulties, that may be in the way of a peace, and secure agreement between you. The which in part (through God's favour) I have performed by my present arrival here. And now, according to my duty, I communicate unto your most serene majesty the commands of my master, earnestly intreating your majesty would be pleased to hearken to his desires, which as a true friend he makes unto you, he judging it your own interest, as well as that of your neighbours and allies, that a speedy end be put to this warr, the continuance whereof cannot but be dangerous to those aforementioned, as also to the whole Protestant interest in Europe. And I take leave to give your majesty assurance, that for my own part, as I account it a happiness to be employed in so acceptable a service, so nothing shall be wanting from me, that may contribute towards the makeing of a happy composure, and testifying the truth of my being

Your Majesty's most humble servant,
E. M.

On board the Naseby in the Sound, 7^th of April, 1659.

For his most serene majesty the king of Sweden.

The same, mutatis mutandis, to the king of Denmark.

General Montagu to admiral Opdam.

Vol. lxiv. p. 43.

My Lord,
His most serene highness the lord protector of England, Scotland, and Ireland, having with great compassion, as well as prudence, considered the unhappy condition of the two crowns of Sweden and Denmark, by reason of the present warr they are involved in, as also the inconveniencies depending thereon to neighbouring states and friends, hath resolved to use his utmost endeavours for reconciling the said two crowns, and commanded me to sail with his fleet into these parts, and to contribute what in me lyes for promoting of the peace between them, and to demean myself as a common friend to them both, if it be possible to obtain the aforesaid most desireable end; and hoping, that the lords the states general of the United Provinces will concurr in promoting so good a work, hath commanded me also to hold a good and friendly correspondence with your lordship hereabout. In pursuance whereof, being arrived in this place, I have communicated to both their majesties my master's commands as abovesaid, desiring that they would hearken to that his so friendly and profitable advice; and that nothing shall be wanting in me, that may contribute thereunto. And now I give your lordship this account, desiring your friendship, correspondence, and assistance, in promoting the peace aforesaid; and that you will not suffer the fleet or fleets under your command to act in hostility against, or give further assistance unto either side, or act in such a way, as may occasion jealousy between England and the United Provinces, whilst these endeavours are on foot. And I hope you have received instructions conform hereunto from the lords your superiors.

Your concurrence herein will much facilitate this good undertaking, and give me further occasion of manifesting myself,

My Lord,
Your Excellency's most humble servant, E. M.

On board the Naseby, in the Sound, 7^th of April, 1659.

Resolution of the states general.

19. April, 1659. [N. S.]

Vol. lxiv. p. 57.

After deliberation it hath been resolved, that letters shall be written to the extraordinary deputies of this state in Denmark, that their high mightinesses hear from all parts, that the Sweedish men of war take all they meet of the ships of the subjects of Denmark, even in the sight of the ships of war of this state; and that they suffer still since the delivery of the last act of his majesty of Denmark of the 29^th past, which was concluded to the content of the ministers of the three states. Wherefore considering the whole matter, their high mightinesses think fit to renew hereby their orders in their letter of the first instant; and in case the peace is not made between the two northern crowns, before the receipt hereof, that they shall put them in execution, it being their meaning, that if the king of Denmark continue to accept the three agreements made at the Hague, although the king of Sweden had consented fully unto them, and. that there must be yet some time to end the treaty, that they will endeavour to persuade both parties to desist from all acts of hostility; and if Sweden continue the same, they shall do the same, and protect the subjects of Denmark, till the treaty be concluded; and that it shall serve them for information, that their high mightinesses injoin this in respect of the order, which they sent to colonel Killegrew, who commands the forces in Funen, to cease all acts of hostility: also that their high mightinesses rely upon their zeal and good conduct, and refer themselves to their wisdoms and necessary precautions.

Mr. Thomas Herbert, clerk of the council of Ireland, to secretary Thurloe.

Vol. lxiv. p. 55.

Sir,
The lord lieutenant and councill have received two letters from his highnes, both intimating his pleasure to have 4000 l. debt satisfied to Sir Robert Collingwood; the latter of them condescending to the expedient, which their lordships humbly offered in answer to the first; that is, to have the same satisfied rather by lands in the barony of Beere and Bantry, then by houses in the towne of Tredagh. Their lordships are not unsatisfyed to putt in execution what is desired; but they desire the warrants from his highnes concerning these matters to come under his proper seale, and with such testes as are usual. To which purpose they have commanded mee to send you the enclosed, that in case it be not, as it ought to be, you would bee pleased to make it so, and doe what else you thinke necessary for their lordships justification in this grant. I remaine

Your Honour's very humble servant,
Tho. Herbert.

Dublin, the 9^th April, 1659.

Mr. John Barwick to king Charles II.

In the possession of Joseph Radcliffe, of the Inner Temple, esq;

May it please your Majesty,
Your gracious acceptance of my former letters hath tempted me again to this boldness of an imediat address, being desired by a friend at this time to put 500 l. into such a way, as may, by the blessing of God, bring it safty to your majestie's hand. I perceive your majesty hath allready been made acquainted with it, and whence it comes; so that I shall not need to trouble your majesty any further about it, then only to signify, that now at last half of it is upon the way, the bills being sent by the last post, and the rest will follow next week, if God permitt. I thank God, there is no part of the delay chargeable upon my account (no more then in the former); for the bills were sent the first post after I was made acquainted with it. But there is one thing in the manner of the return, wherin I must humbly cast myself upon your majestie's pardon; and that is, that these bills are consigned, as the former were, and not made payable to Jaques de la Hay, as your majesty directed. And the reason of it is, because Mr. Gregson was asrayd to stand in the bills as correspondent to a person, whom he knew not; nor did I know any other merchant, whom I could safly trust, that would pass the bills in his name, and appear in the business, in case any delay or danger should intervene, as it fell out (to my great grief and his too) in the last bill Mr. Gregson sent. Concerning which business, he assures mee, he could neither possibly foresee the danger, before it came, nor doe more in it now it is fallen out, then he both hath and will doe. And he puts me still in hopes, that he shall be able to doe good in it, though not without some delay and loss. I have written to the person, to whom the bills are sent, to assigne them to any other your majesty shall be pleased to make choyce of, in case your majesty should dislike what I have done; and that was the nearest I could possibly come to your majestie's instructions for the present in this particular. I am very confident, your majesty is so graciously sensible of what hazzards they run, who are interessed in matters of this nature, as to permitt them, as much as may be, to use their own method in the way of performing your majesty's service, provided the worke be done; which made me rather presume upon your majestie's pardon at this time, then press any other method upon them then what seemes best to them. For your condition is so ticklish, as we dare hardly give any occasion of distrust to any man, that hath been counscious to any of our other services performed to your majesty; and yet I hope and beleive, I deale with such persons, as may safly be trusted in this particular. I pray God send better times, and in the interim, and ever, preserve your sacred majesty, and all those, who out of conscience perform their duty to God and your majesty; among whom I humbly begg the favour your majesty would be pleased to repute him, who is behind none in that particular,

Your Majestie's ever obliged subject,
in all duty and service.

April 9. 1659. London.

Indorsed, For his sacred majesty.

Mr. John Barwick to Sir Edward Hyde.

In the possession of Joseph Radcliffe, of the Inner Temple, esq;

My Lord,
The 4^th instant I received your lordship's of 19^th past, and shall be allwayes very willing and ready to serve his majesty and your lordship in what lyes in my power. But my health has been so bad of late yeares, as forces me sometimes to a better aire. And besids that, having 2 friends bound with me in a very heavy bond, makes me the more cautious in sending or receiving letters, unless it be in this more privat and safe way.

I am very much troubled at the delay in receiving those goods I formerly sent, and so is that friend, who assisted me in it. And that your lordship may make the better enquirie into the matter, I have here inclosed a note of the particular bills, dates, and persons, as I had it from the merchants. I hope all things will be well in time. I know nothing that needs explication in it, but that one of the 100 l. charged on Mr. Cooper was paid to Mr. Thornton, and of that his majesty hath allready acknowledged the receipt. I have given his majesty the best account I can at present of the last 200 paid to Mr. Duckett. My friend here will doe what may be done in it. This morning I have putt into his hand 500 more. The bills for half of it were sent by the post last night, and the next will be returned by the next post. It is a parcell, which I understand hath been long promised, insomuch as I hear your lordship hath heretofore written to quicken it, so that I shall leave your lordship to conjecture the person, whence it comes. The bills are sent, as the former were, upon the reasons expressed in the inclosed.

Our sick friend is, I hope, in the way of perfect recovery. This week he hath been abrode every day more or less. He presents his humble service and thanks to your lordship, and (by your lordship's intercession) his humble duty to his majesty. And the like command I have also from the person, of whos hand I received the book, concerning whom your lordship's conjecture was very right. He will send the author to me next week, (for then he will be in town) to try him myself first; and if that will not doe, he will then make use of the way with him, which your lordship prescribes.

At this time I shall not need to trouble your lordship with any narrative of our present affaires. There comes one over at this time, whos ey sees further into them then myne can; and whos tongue can better express them then my pen, especially at this time, being just upon a litle journey upon some speciall business that concerns a friend; so that what I write so long before, may perhaps be contradicted before the shipp putts off. The moderat party (as they are called) were so jealous of the starting up of a commonwealth, as they joined with the Whitehall men in bringing in not only the Scotch and Irish members, but the other house also. But when they came to matter of money, (by the continuance of taxes, excise, &c.) they fell from their former zeall, so as the protector hath no great confidence in them. Some of them begin to see allready they have overshot themselves; for things being brought to the management of 2 houses, hath (as is conceived) imboldened the army to that petition, (which I doubt not but your lordship will see) as hoping they may make their party good in one of the houses, and not fearing to be voted down by either of them apart, now that both must concurr in things of that nature. I cannot learn, what number of persons (especially of the Scotch and Irish army) concurred in it; but some say, the parliament think not of it as a matter of so much weight as themselves think of it. If I be not mistaken, (which God knows I may easily be) it was intended by them as a foundation whereupon to proceed, in giving lawes to both houses, according to former precedents of themselves, or to purge them, till they comply with their designes.

The fleet is gone 10 dayes agoe. The Spanish merchants have petitioned against their own trade. The petition is now in print; and instructions are given to bring in a bill concerning that business.

I know this is superfluous at this time, and therefore I may the better presume of your lordship's pardon for this tumultuary hast. Perhaps I may return before the shipp goes off; but I durst not trust to it. Your lordship, by this gentleman, that now comes, will truly understand my condition in every particular: when that is known, I shall very readily obey your lordship's commands in what you shall think convenient to putt upon him, who much honours your lordship, though unknown.

Your Lordship's most humble servant.

London, April 9. 1659.

Indorsed, These for my L. C^r.

Mr. John Durie to secretary Thurloe.

Vol. lxiv. p. 31.

Right Honorable,
To satisfie the desire of some friends, I have suggested that, which is here put to paper, concerning the parliament's consulting about matters of religion, which I think my dutie to acquaint you withall; that, if this way may bee practicable by God's blessing, the divided parties may come to understand one another better then hitherto they have done.

I have also added herewith a copie of the petition, which I have drawen up to bee presented to the grand committee for religion; for the furtherance of which I humbly intreat your favour and assistance, that I may not hitherto loose any more time then hitherto I have done, who am

Your Honor's most humble servant in Christ,
John Durie.

St. James's House,
9^th of April, 1659.

To the right honorable the knights, citizens, and burgesses, in parliament assembled, The humble petition of John Durie, minister.

Vol. lxiv. p. 33.

Sheweth,
That your petitioner, having been long ago countenanced and encouraged by the chief divines and magistrates of all the Protestant churches, as well reformed in these parts and abroad, as Lutheranes, to sollicit and to negotiat the means and ways of gospell peace and unity amongst them, hath for many years continued in that negotiation, which now, by the blessing of God, is come to some maturitie upon the grounds laid in the memorable long parliament, unto which all the churches abroad have had a special respect:

Upon the recommendation, which his late highness the lord protector gave unto your petitioner's negotiation with the churches beyond the seas:

Upon the declaration, which both the universities of this nation, together with the chief ministers of London, gave as a testimony of their concurrence with your petitioner in his work.

Upon all which grounds the churches abroad, and their universities, under the authoritie of their magistrates, having setled a way of correspondency in this gospell worke with us, and your petitioner having throughly informed his late highness, and the last parliament, of the progresse of so blessed a designe, the parliament did by a special vote recommend the encouragement and advancement of the worke unto his said highness, and his said highness was pleased to recommend it to the serious consideration of the divines, who met at Whitehall for approving of ministers; since which time your petitioner hath proceeded further to treat with the churches, and chiefly with the associations of the churches of this nation, and with the universities, and with the churches in New England, who are all engaged to co-operate therein in a religious correspondency with your petitioner, to further it in a gospel way, expecting and desiring, that from your honour's authority, and pious zeale, some countenance and assistance may accrew unto their willing and religious undertakings.

In consideration of all which, your petitioner doth humbly pray, that you would be pleased to appoint some of your members to look into and examine the truth and particulars of the premisses; that having made a report thereof, your wisdom and godly zeale may be able to consider what countenance and surtherance this most honourable parliament should, for the glory of God, and the good of his churches, give unto soe good a work.

And your petitioner shall pray, &c.
John Durie.

Concerning the parliament's consulting about matters of religion.

Vol. lxiv. p.37.

If we consider the parliament, as the supreme senate of the nation, being the heads of the tribes of our Israel, and representing the whole as a people in the way of Christianity, intending to manifest unto the world their profession, and to advance the unity of the spirit amongst the members of the nation in that, whereunto they have attained (which, I conceive, should be their aime); then the way, by which they ought to do this, should be such as becometh Christians; that is, it should be suitable to the spirit of Christ in propagating the truth of the gospel.

But how to follow this way, or rather first find it out, is perhaps not much minded, nor sought after by many; or if sought after, yet so variously apprehended, that it is not unanimously found, and so cannot be followed: because in seeking and following after it, for so far as it is known, there is oftentimes a mixture of different interests, which makes the use of that knowledge ineffectual. However, let me without partiality suggest that, which happily may help to facilitate a more full discovery thereof; which I shall endeavour, by laying down some maxims, containing the undoubted way of Christianity free from all human interests, and by shewing some course of proceeding, wherein that way may be followed, to gain the forenamed ends.

I. The maximes.

Supposing the parliament's aime to bee, to propagate the truth of the gospel in a way sutable to the spirit of Christ; the properties of the spirit of Christ, and of the truth of the gospel, and of the propagating thereof, are to be reflected upon; which are these:

Mat. xv. 9. 2. Cor. iv. 2.

1. The spirit of Christ doth not propagate the truth of the gospel by the commandments of men imposed magistratically upon the conscience of professors, but by the manifestation of the truth unto the understanding conscience.

Matt. xii. 19, 20. 2 Tim. ii. 24, 25.

2. The spirit of Christ doth not strive, nor cry, nor list up his voice in the streets tumultuously to propagate the gospel; but is gentle to all men, apt to teach; patient, in meekness instructing those that oppose themselves; and bearing with the bruised read, and smokeing slaxe, it doth bring forth judgment unto victory.

Ephes. v. 8. 13.

3. The spirit of Christ is a spirit of illumination, to manifest the glory of God in the face of Jesus Christ.

2 Cor. iv. 6. 2. Cor. iii. 17.

4. The spirit of Christ is a spirit of liberty, and doth call the saints in liberty, (without giving occasion to the flesh) to serve one another through love.

Gal. v. 13. Phil. ii. 15, 16.

5. The truth of the gospel is propagated, when without murmurings and disputeings, with a blameless conversation the word of life is held forth unto the world.

Isai. viii. 20. Prov. vii. 2.

6. The word of life is the law, and the testimony, containing the promises and the rules of life, which manifest the good works, which God hath ordained, that we should walk therein.

Eph. 2. 10. 2 Tim. iii. 16, 17. Rom. vi. 17. 2 Tim. i. 13.

7. This law and testimony is revealed in the scriptures, which are given by inspiration of God, for doctrine, for reproof, for correction, and for instruction in righteousness, that the man of God may be perfect, and throughly furnished unto all good works, and which contain the form of doctrine to be received, and the form of sound words to be held fast by the professors of the truth.

1 Cor. viii. 1. Eph. iv. 3, 13.

8. The spirit of Christ doth propagate the truth of the gospel by love, in unity of the spirit of faith, and the bond of peace.

Ephes. iv. 16.

9. The unity of the spirit is maintained amongst the professors of the name of Christ, when the whole body being fitly joined together under the head Christ, and compacted within itself, by that which every joynt supplieth, according to the effectual working in the measure of every part, doth make the increase of the body unto the edifying of itself.

1 Tim. vi. 3, 4, 5.

10. If any man teach otherwise, and consent not to wholsome words, even the words of our Lord Jesus Christ, and to the doctrine, which is according to godliness, he is proud, knowing nothing, but doting about questions, and strise of words, whereof cometh envy, strise, railings, evil surmisings, perverse disputings of men of corrupt minds, and destitute of the truth, supposing that gain is godliness, from which we ought to withdraw ourselves.

Whence followeth.

1. Whatsoever contradicteth these maximes is contrary to the gospel, and a cause of our consusion.

2. Whatsoever varieth from these maximes doth obstruct the propagating of the truth.

II. The use of these maximes.

It is not enough to know the means to bee used; but the manner of proceeding in the use of them is that, which will gain the end to which they are ordained: nor is it enough to have some general rules, whereby to direct an action, but the manner of applying these rules unto the subject matter in hand is that, which will produce the effect.

Therefore we must consider;

1. The effect intended, or to be intended, what properly it is.

2. The subjects or persons, upon which that effect is to be wrought, how capable they are thereof.

3. The actions and the manner of producing them, by which that effect is to be wrought upon these subjects.

4. The reasons demonstrating, that such actions so produced and applied to capable subjects, will bring forth such an effect.

1. Of the effect.

The effect to be intended is to hold forth a testimony of the national profession of Christianity, and to advance thereby the unity of the spirit amongst the professors. Now if it be askt, What is meant by a national profession of Christianity, what by a testimony thereof, and what by the unity of the spirit to be advanced thereby?

The answer may be to this effect:

The national profession of Christianity is the general owning of Jesus Christ by a people to be the Son of God, the Saviour of the world, the promised Messiah, the King, Priest, Prophet, to whom faith and obedience is due, and without the yielding of which unto him no man can be saved.

Osal. cx. 3. 2 Cor. viii. 3. Joh. xviii. 37. 2 Cor. ix. 13.

The testimony of this owning of him must be a voluntary act of the professors of the nation, evidencing, that as Christ is the king and witness of the truth, so they hear his voice, and assenting thereunto, yeeld the obedience of faith by a professed subjection of themselves unto him. And because his voice is nowhere heard certainly but in the scriptures, therefore the clearest testimony of our assent unto his voice is to hold forth a confession of our faith and obedience in such scripture words, wherein the maine truths of doctrine and duties necessary for salvation are contained in litteral sense.

Matt. xxiii. 8, 10. Gal. vi. 10. Phil. iii. 16. Ephes. iv. 1, 2, 3. Jud. 20. Phil. 1. 27. Hebr. x. 25. Rom. xii. 13.

The unity of the spirit to be advanced amongst professors by such a confession, is to oblige them in regard of it to own one another as Christians, that is, as disciples and servants of Jesus Christ, belonging to his family, walking by one and the same rules of love, of holiness, and mutual forbearance, and consequently building up one another in their most holy faith and hope, praying together in the Holy Ghost, striving together for the faith of the gospel, not forsaking the assembling of themselves together, and distributing to the necessities of saints.

2. Of the persons capable of these effects.

The subjects capable of these effects are all intelligent Christians, who are willing to declare their professed subjection to the gospel. Now by intelligent christians are meant such as know what they do believe, and whereof they practise dutys, that is to say, who know this not so much by hearsay, as by the discerning of God's will in the testimony thereof, and the approving of it in their conscience, so that they can give a reason of the faith and hope, that is in them.

And by a professed subjection to the gospel is meant such a giving up of one's self unto the Lord, as to depend upon the ministery and ordinances of the gospel for a blessing according to the will of God.

Whence this conclusion is to be referred.

That persons, who know not what they believe and practise, but only by hearsay, and have not given themselves up unto the Lord by the ministery and ordinances of the gospel according to his will, are not capable of these effects.

3. Of the actions by which these effects are to be wrought upon capable subjects, and of the manner of producing those actions.

2 Tim. ii. 22.

The actions, by which those effects of a national profession may be and wrought upon these persons, are to recommend unto them the duty of holding forth their testimony, and to perswade, exhort and require them to do it in love to the truth, that it may appear, that they are children of the truth, and walk therein, following righteousness, faith, charity, and peace with all them that call on the Lord with a pure heart.

And the manner of producing those actions to work the effects intended may be this, that the committee for religion should invite all partys of professors in the nation to present unto them their consessions of faith, and rules of practice, which they acknowledge to be clearly set forth in the letter of the scripture concerning the matters of saving doctrine, of worship, of government, and discipline, to avoid scandals, and of mutual forbearance in differences, which are not fundamentall.

These confessions of the parties, being brought in, and presented to the committee, should be put into the hands of a sub-committee to gather all the doctrines, and rules, wherein all the parties, fully agree, into one body of a confession.

This confession should be presented to the parliament, that by it it should be owned in the name of the nation, and made as a publick testimony of our union in the maine and saving truths of God, and of our moderation towards those that differ in lesser matters.

4. Of the reasons demonstrating, that these actions so produced and applied to capable subjects will produce the effects intended thereby.

These reasons may easily be gathered from the maximes laid down in the beginning, and may largely be deduced and pressed upon the consciences, as well of the professors, as of those that are in authority to perswade them to follow this way to heale our breaches; but because it is conceived, that the course, which is here offered, is without all exception free from partiality, and easily to be practised, and none who is godly wise will be averse, from it; therefore the reasons shall be spared, till it appear, how the bare motion, as here it is plainly offered, will be resented; and hereunto let all of us beseech the Lord to grant a blessing. Amen.

H. Cromwell, lord lieutenant of Ireland, to secretary Thurloe.

Vol. lxiii p. 63.

Sir,
I have heretofore told you my thoughts of Dr. Petty, and am still of the same opinion; and if Sir Hierom Sankey doe not run him down with numbers and noise of adventurers, and such other like concerned persons, I beleive the parliament will finde him, as I have represented him. Hee has curiously deluded mee these foure yeares, if he be a knave. I am sure the juntoes of them, who are most busie, are not men of the quiettest temper. I doe not expect you will have leizure, or see cause, to appeare much for him. Wherefore this is onely to let you understand my present thoughts of him. The activenes of Robert Reynolds, and others in this busines, shews, that Petty is not the only marke aimed at: but God's will be done in all things.

Pray let not the busines of my comeing over wholly dye, though it slumber for a while. It would be for the conveniency of my own affaires to know, whether it be probable, I may make a step over this summer. As for things here, I referr you to the bearer for an accompt of them, and remane

Your very affectionate and humble servant,
H. Cromwell.

April 11. 1659.

General Montagu to secretary Thurloe.

Vol. lxiv. p. 71.

My Lord,
Since my letter by the messenger, who was on board when I set sail, I adventured two more unto you by vessels, which I met at sea, only to let you understand, how we past on in our voyage. After them we proceeded and made the Naze of Norway on friday morning the first instant, and on monday morning the Scaw, and on wednesday in the afternoon, through God's goodness, we arrived here. When I came at the Scaw, by what I could learn from the Juts fishermen, and from an English vessel bound from Lubicke to London, I supposed, that I was before the Dutch fleet; which being one case of my twelve instructions, I thought it best to leave a small frigat there to descry there fleet, when they come, and to deliver the admiral a letter from me, a copy whereof is here inclosed. And left the fleet should pass by there, and miss him, I appointed another small frigat to lye between the Anout island and the coast of Norway, with the like letter and order; and have given the same direction to the vice-admiral's squadron, who lyeing att anchor between the two castles, had the care of the entrance into the Sound between the Lapp and Coll, my own squadron lying before the town and castle of Elsingnore, having regard to the passage between Ween island and Schonen, the reere-admiral's squadron a little to the Southward of me having regard to the passage between Ween and Zeland. Before I came in, I sent to the king of Swedeland, that our mutual salutes might be with little expence of powder; which he liked well off, and accordingly I saluted him with twenty-two gunns out of this ship only, the vice and reere-admiral proportionably; and the castle answered us with all their gunns twice round.

I sent for Sir Phillip Meadoes and Mr. Ewers, who came on board on me, soon after I was at anchor; and enquired of them the present state of affairs here; gave Sir Phillip Meadoes your pacquett, and communicated our business together. Next morning I sent the king of Sweden my credential letter, and in the afternoone Sir Philip Meadoes being here on board, we began our business, which stands thus. Both he and Mr. Ewers agree in signifying to me, that there is at present no treaty of peace on foot between the two crowns, nor likelyhood of any spontaneous agreement between them; but on the contrary an utter aversion thereunto. The condition of their forces, I hope, Sir Philip Meadoes by his own letters will more punctually relate unto you; but, as well as I remember, is thus: The king of Sweden hath in Zeland three thousand foot, and about three or four thousand horse. In Funen he hath the like number of horse, and some foot in Langland. He hath also some forces and some few at Frederix-ode; the large works thereof are slighted, and a small force only kept. He hath thirty ships of warr at sea, ten whereof went lately out with general Wrangle, upon a design to take in Laland. They in Copenhagen knowing, that the rest of the fleet in Landscroone were not ready to second them, sent out thirteen ships after them, and sell upon them, took one ship, and stranded another upon the shore. General Wrangle with the rest is gone to Foborch in Funen. Since that time twenty ships are gone out of Lanscroone towards those parts, and some action is expected to be between them and those of Copenhagen. The duke of Brandenburge, as the king of Sweden says, hath not above five thousand foot, but a great body of horse.

Finding it thus, and the new fleet, prepared in Holland, not arrived here, in pursuance of my second instruction, I wrote a letter to the king of Sweden by Sir Philip Meadoes, (which is here inclosed) desiring him to second the same, with imparting unto him the particular terms of the mediation, which he hath done; and he sends me word, that the king of Sweden as yet expresses a great dislike to any treaty with the king of Denmark; and yet more, that the Roschild treaty should be the terms thereof; and upon occasion of a pass I desired from him, for a vessel to go into Copenhagen, (because he pretends to beseige it) he sent by Sir Ph. Meadoes, intreating me to have a care, that in my letter to the king of Denmark there might be no passage prejudicial to the interest of Sweden.

The eighth instant in the morning, I sent Mr. Isaac Ewers, and two or three officers of the fleet, to Copenhagen, with a letter to the king of Denmark, the same as I sent to the king of Sweden, the name only changed, (my credential letter also to him) and a letter to the Dutch admiral Opdam, a copy whereof is herewith sent, and, I hope, will not be disproved; for altho' I had no particular instruction requiring it, yet I judged it convenient, in respect of that general command I have, to manage things with a good correspondence with the forces and ministers of the States General in these parts, where, by the way, you may be informed, that there is no civil minister either of the Dutch or French.

The same eighth instant at night, I received a letter from Sir Ph. Meadoes, purporting, that his majesty of Sweden was grown into better humour; and that considering it was the advice of so good a friend as his highness, he would not shew himself averse to the tender of peace. But before he could declare himself any further, he desired first to know, what the intentions are of his majesty of Denmark, and that with all possible speed, that he may timely take his measures accordingly: concerning which I have advised Sir Philip Meadoes to know the mind of his majesty of Sweden clearly and plainly, to the treaty of Roschild, without relation to the resolution of the king of Denmark, and not give him the advantage to say, he is willing, when he is not, meerly to involve us in an assistance, after he hath heard the king of Denmark is unwilling thereunto.

The tenth instant Mr. Ewers, and the captains I sent with him, returned to me from Copenhagen, and brought me the inclosed letter from the king of Denmark; but none from the Dutch admiral, who used them very civilly, as also did the king, but excused his not sending, upon the account of haste, promising to write very speedily to me. By the way, you may take notice, that some of our people, going of visit the lord Opdam after his receipt of my letter, found in company with him the emperor's, the Spanish, and the Polish ambassadors. They brought word also, that the admiral had received news of the fleet from Holland being arrived on this side the Scaw; but we hear, have no other intelligence thereof. This morning the eleventh instant, I sent for Sir Philip Meadoes to come on board, to advise together, how to proceed upon this letter from the king of Denmark; and have resolved not to conclude the king of Denmark by this first kind of denial, but that Sir Philip Meadoes should write unto him, according to the direction of my third instruction, and myself also, which we have done, and sent them to Copenhagen by Mr. Ewers, expecting a very speedy account thereof. A copy of my letter is herewith sent; and, I hope, Sir Philip Meadoes gives you a particular account of the matters he transacts. The same day Mons. Barkman came to me from the king, to give me notice of six men of warr newly gone out of Copenhagen, to endeavour to join with the rest, that are at Flensburg; and that his majesty hath sent orders to general Bielkensteine to meet them with ten ships, and fight them.

April 11. 1659.

I begg your pardon, the rest is not my own hand; for I have beene forced to favour myselfe, in regard of a little distemper this cold climate hath putt mee into. The matters of fact are truly stated to you above, and what more to add I know not, our matters here workinge towards an issue, before we cann heare from you againe: else I should have mentioned that clause in the treatye of assistance with Sweden, which Mr. Meddowes saies the king of Sweden will never agree to, viz. That of excludinge out of the Sound the enimies of either confederates, which he cannot doe, unlesse the trade of Dantzick and the whole Baltique were assured to be taken off his hands by the English; besides the drawing his dominions into a perpetuall warr with Holland (for it is supposed wee shall not longe remaine freinds). Thus I forbeare your further trouble, and remaine,

My Lord,
Your lordship's most faithfull
and humble servant,
E. Mountagu.

April 11. 1659. Aboard the Nasebye
in the Sound.

If you please, doe me the honour to present my most humble duty and service to his highnesse.

My most humble service to my lord Broghill, and my lord Jones.

I beseech you, cause the Maidstone to be speedily dispatched hither, and lett the comissioners of the admiralty be desired, without faile, to send mee the supplyes wanting upon a paper I sent them from Souldbay. Here is a great failur in powder and shott, which is the most necessary stores of all. Divers of the shipps have not above thirty rounds.

Vol. lxiv. p. 79.

Tuesday, the 12^th of April, 1659.

Mr. Tirrill reports from the grand committee for grievances and courts of justice the state of the case of Dame Mary Hatton, and others, executors of Sir Thomas Hatton knight and baronet, deceased, of Samuel Dorman citizen and merchant taylor of London, and of John Tarry, servant to Laurence Manly, late of Holdenby in the county of Northampton, deceased, upon their several petitions exhibited unto the said committee, and examined by them, together with their opinion upon the same. The report brought in from the committee was read, and was as followeth; viz.

Sir Thomas Hatton, being possessed of a lease for years yet enduring of the demesne of the manor of Holdenby in the county of Northampton, at the rent of 180 l. 15 s. 10 d. per annum, by demise of the late queen, did let part thereof to Laurence Manly, for years not yet expired, for the rent of 264 l. per annum, whereof 201 l. being in arrear in anno 1657. Sir Thomas obtains a judgment against Robert Manly, executor of Laurence, whose sheep were taken in execution by the sheriff.

At the time of that execution, there was a year's rent more due by Robert Manly; for non-payment whereof a re-entry was made by the lady and others, executors in trust to Sir Thomas Hatton, for the benefit of his children; and the cattle, that were upon the land, were distrained damage faisant.

John Tarry, shepherd to Laurence Manly, who having three sons, viz. Laurence, John, and the said Robert, which Robert, as was alledged, was executor in trust for John the son, and others, legatees and creditors; this shepherd was sent by Laurence and John the sons, to the market, to sell 150 of the stock, which he sold for 137 l.

Samuel Dorman, being bound as furety for Robert Manly in 1100 l. this Robert Manly assigned the said lease to Dorman, and makes him a bill of sale of the goods and stock upon the ground, and Dorman was in possession.

Robert Manly, about April last, becomes a delinquent, and fled.

Major general Boteler (within two days after that Robert Manly was fled) causeth divers soldiers, under his command, to enter upon the land, and all the cattle upon the ground; resists the sheriff from doing execution, turns Sir Thomas Hatton out of possession, and seizes the cattle, which they had distrained, and were in the custody of the law; imprisons Tarry, and detains him four days in custody, till he confessed, where the money was he sold the sheep for; and cornet Tibbutt agreed with the said Tarry, that it should be brought and left with captain Baynes, which when he had brought 126 l. thereof accordingly, the said cornet Tibbutt, and others of his soldiers, took it away by force, out of the said captain Baynes's house; all which proceedings the said major-general Boteler justified before the committee, by colour of his late highness's letter, commanding him so to do.

The opinion of the committee is, that the entry and detainer of the possession of the lands and goods by force, and rescuing the goods from the sheriff, and hindering execution, and taking the goods, which were distrained, and seizing the money from Tarry, and imprisonment of his person, were unjust and illegal.

And that the said force still continued by major-general Boteler upon the possession of the said lands and stock be removed, and the money and stock with the increase and proceeds thereof restored and delivered to the persons, from whom they were taken.

Resolved,
That this house doth agree with the committee, that the entry and detainer of the aforesaid lands and goods by force, and rescuing the goods from the sheriff, and hindering execution, and taking the goods, which were distrained, and seizing the money from Tarry, and imprisonment of his person, were unjust and illegal; and that the said force still continued by major-general Boteler upon the possession of the said lands and stock be removed, and the money and stock, with the increase and proceeds thereof, restored and delivered to the persons, from whom they were taken.

Jo. Smyth, clerk of the parliament, to attend the commons.