PROPOSALS HUMBLY PRESENTED To his Highness OLIVER Lord Protector of England, &c. and to the High Court of Parlament, now assembled;
For the calling to a true and just Accompt all Committee-men, Sequestrators, Treasurers, Excize and Custom-Commissioners, Collectors of Monethly Assessments, and all other Persons that have been entrusted with the Publick Revenue; or have in their Custody any thing of value appertaining to the Commonwealth.
WITH Several Reasons for the Doing thereof, and the Waies how it may bee exactly done, and several Presidents by Acts of Parlalament for the due and strict execution of the same; for the Honor of God, and Ease of the good People of this Nation in general in their Taxes.
ALSO, For the Regulating of the Manufacture of Gold and Silver Thread and Wyer; and for the passing an Act against Transporting Gold and Silver, and against Melting down the Currant Silver Monies of the Nation.
LIKEWISE, A Narrative of the Proceedings in the Court of Admiraltie against the Silver-Ships, Sampson, Salvador, and George.
By THO. VIOLET of London Goldsmith.
When it goeth well with the Righteous, the City rejoiceth; And when the Wicked perish, there is shouting.
LONDON, Printed Anno Domini M. DC. LVI.
To His Highness OLIVER LORD PROTECTOR OF England, Scotland & Ireland, and the Dominions thereunto belonging.
AMongst the Roman Emperors, the name Pater Patriae was held their highest title of Honor; and the surest support of all good Princes, hath been the Peoples hearts: For where the Tongue-string, and not the Heart-string make's the musick, the harmony may, and doth many times, end in discord.
Queen ELIZABETH (that glorious Queen, and England's Deborah) used [Page] to say, Give mee my People's hearts, and wee shall not need to ask their purses: and this Maxime never deceived her. With what easshee got aids from the Nation in Parlament, the Records of her Reign shew: The chief point that made the People so free to grant in those daies, was, they knew by forty four years. experience, shee was sparing and frugal her self, and God blessed her with a wise and prudent Counsel: And in point of managing her Revenue, That shee never forgave her Accomptants or Receivers of her publick Revenues, where it was possible to bee levyed. The State had had millions of money now in bank, had they followed her Rules to take a strickt accompt of all their Receivers. The monies belonging to her Crown. (as I humbly said) was never forgiven: Insomuch as som of her greatest Servants and Favorites dying in her debt, shee would not discharge their Heirs or Executors, but held their Lands under extent, till shee was paid the uttermost farthing; saying, Shee would not forgive any Officer that was an accomptant; for the publick monies was not hers to give. And the Earl of Leicester, Secretary Walsingham, and Lord Chancellor Hatton (for all their being great Pillars in the Common-wealth, and greatly in her favor) having gotten to bee in her [Page] debt, their several Lands were held under extent, after their deaths, till every penny was paid her: Though som of their Heirs petitioned, yet they were forced to pay the uttermost farthing, receiving this answer from the Queen, That if the People should know that shee prodigally gave away the publick Treasure, they might justly denie her when shee had occasion in Parlament, or otherwaies. An excellent Rule, at this time, and at all times, for all sovereign Princes to follow▪
May it pleas Your HIGHNESS; About the Spanish Invasion in 88, Queen Elizabeth borrowed of the Merchant Adventurers about One hundred thousand pound, and kept that money by her for above one year, and paid it exactly at the day, with interest, after 10 per cent. though shee made not any use of one penny of it, but put it in bank with the rest of her Treasure. This shee did out of her fore-cast and providence, that so if the Spaniards had landed, shee would not then bee to seek for Treasure, for to pay her Souldiers and supply her occasions. Her wise, rich and provident Grandfather Henry the 7th, shee reading his Life and Reign, could teach her that Rule, never to let her Exchequer bee empty; hee leaving (as is recorded) in Richmond Hous, [Page] Seventeen hundred thousand pound in gold; which is now by computation, according to the present value, neer five millions. By these courses that glorious Queen got such reputation, for good husbanding and prudent managing her Revenues; and principally, by her just repayment, and by her sparing the publick Treasure, that in many of her Parlaments, the subsidies and fifteons granted, [...]re intreated and pressed on her, as a be [...]evolence and free-will offering of the People to her; with many expressions of thanks from the Parlament for her good and gracious Government: And somtimes their voluntary bounty hath been such, that the Parlament hath granted more than shee would accept; and the Queen hath, with thanks, her self in Parlament, returned Subsidies again. Her Fame extending beyond Solomon's, even to the farthest and greatest Monarchs in the world. The Grand Seigniour sending his Imperial salutes, and desiring her Peace and Amitie with Commerce and Trade. And the Emperor of Russia, admiring her great Valor, in offering to affront and assault and begin a Warr with the King of Spain, at her desire, did grant to the English Merchants, for the respects hee bore to their glorious Queen [Page] Elizabeth, many great Privileges and Immunities in his Empire for Him and his Successors for ever; which were inviolably observed by his Successors, till about the year 1650. Shee usually said, Shee desired that her Subject's Purses should bee her Exchequer. For, as long as they were rich, shee could not bee poor: These Princelie and Popular Expressions took so with all her Subjects, (rich and poor) that shee never stirred out of the Court, but shee had the Acclamations, Praiers and Praises of Thousands of her People, both in City and Country: And shee would shew the like tenderness and affection to her People. And this Blessing God bestowed then on this Nation, that Prince and People were of one Minde, one Heart, and one Faith, (except som few Catholicks). Her watchfull eie was ever over them; and that strengthened, by God's blessing, her hands, that in her time shee did such great things: in her greatest Difficulties, her Affairs were carried smoothly on by the prudence of her Counsel. If Grievances were by the Commons in Parlament presented unto her, it was in such a decent form, (shee alwaies keeping the dignity of her State Imperial) that the People's Grievances appeared unto her like the [Page] tears of the Turtle and the mourning of Doves. Som of the Representations of their Grievances in Parlament, I have seen and read to this effect, That if there was any thing expressed otherwise then they should have represented, That her Majestie would cast the vail of her Grace upon it, and give a favorable and benign Answer and Interpretation of their humble Petition. And surely, (next to God's gracious protection) her Safetie was built, as Solomon's Throne was, shee was supported by XII. Lyons, a grave and prudent Counsel; the number of her inward Privy Counsellors not much exceeding that number: By her prosperous Conduct and Management of her Affairs, all Christendom esteemed England to have a glorious Prince, a wise Counsel of State, and the People happy in general.
I have read, that my Lord Chancellor Bacon, in a Speech of his in Parlament, had this saying, Sure I am (saith that golden mouthed Orator) that the Treasure that cometh from the Commons to her Majestie, is but as a vapor which ariseth from the Earth, and gathereth into a Cloud, and stayeth not there long, but upon the same Earth falleth down again; And if som few drops fall upon France and the United Provinces, it is as a sweet odor of Honor [Page] and Reputation to the English Nation throughout the World. Elegantly expressing the relief that the English afforded both to France and the Low-Countries against their then common Enemy the Spaniard.
In her glorious Reign, the Counsells that were then in Parlament, tended ever to the individual prosperitie, and the safety and preservation both of the Queen and People: And like Christ's coat, without seam, all their Counsels were of one piece, the equal prosperitie of both. And after 44 years reign, this glorious Queen dyed, rich in Jewells, rich in Money and Plate, the Lands of the Crown; and, above all, rich in the Love and Estimation of her Loyal People, after shee had contended with the King of Spain, by invading him in Spain, in Portugal, in the Indies, firing and burning his Ships and Carrakes in our narrow Seas; and made her Commanders so terrible on the Spanish coasts, that the children when they cryed, their parents would fright them with garda el Draco; which is, Bee quiet, have a care, here is Drake. I pray God, and hope to see the same fear fall on them by the Virtue and Valor of Your HIGHNESS's Admiral Blake, not onely to fright their Children, but their Natives, when they are [Page] men, making them to cry garda el Blaco, as well as their Fathers said garda el Draco. This great Quarrel at the first was undertaken by the Queen, for the relief of the miserable poor distressed Dutch Protestants, the States of the United Provinces in the Low Countries, (they had no other title in her Reign). I hope they will for ever acknowledg the Curtesies of English men's blood and money, that hath made them now the High and Mighty Lords the States, and a free State; I wish it bee not now in their Greatness blotted out of their remembrance.
Queen Elizabeth's VVarrs in Ireland were very expensive; and also her Relieving of France both with Men and Money. And at the foot of the accompt, for all these great undertakings, to leav her Successor her Kingdoms in great wealth, peace, honor, and safety, and her People happy, make's up the m [...]acle.
Towards the setting of this glorious STAR, som sons of Belial laid the foundation of the Hellish Powder Plot; and at latter end of her glorious Reign, the Anabaptists and Sectaries begin (like Snakes) to engender; but her Successor King James, by his prudence, shook them off, as St Paul [Page] did the Viper, by several waies and means: First, as the Physition, let's som blood out of the bodie to preserv the whole: Secondly, as Sea-faring men in a storm, cast's som goods over board to save the Cargasaon: Thirdly, as a good Husbandman, that will afford som feet of ground for hedging and and ditching to fortifie and secure the rest: Fourthly, as a good Gardiner, that would have his garden plants grow, pluck's up the weeds by the roots: So King James used all these Remedies to the Sectaries, som of their mouths hee stopped with preferment; som hee committed to the rigor of the Law, which cost them their lives; others to Prison. And after the Dispute at Hampton-Court, hee put down his peremptory resolution by Proclamation, (which I humbly call his hedg, to keep out the little Foxes that spoil the Vineyard of the Church) Requiring a conformity to the same by all Persons upon strickt penalties; which proved a good temporary Remedy.
May it pleas Your HIGHNESS to read but one touch more of the splendor and glory of this great Queen Elizabeth; shee was not without her Eclipses with troubles and fears many waies (to shew the uncertainty of worldly glory) even from [Page] her nearest Kinswoman Mary Queen of Scots; who, while shee was Queen of France, by her Husband's perswasion, took upon her the stile and title of Queen of England; from which sprung all her troubles in Scotland, when shee returned a widow out of France (and this was done by Queen Elizabeth and her Counsel's instigation): These troubles, by her Scotch Rebels, drove the Scotch Queen into England, whither shee fled for refuge; but it proved otherwise: for, upon that score, shee was catch't in the net of death; and so much the sooner, by reason of her impatience not brooking the delayes of her Deliverance; which thrust her head-long into so many Treasons, that Queen Elizabeth could not let her live, and bee in safety her self; for Queen Elizabeth was often times heard to say, Either strike, or bee stricken: and so shee struck first, and cut off her head; and by that means removed her Capital Enemy, (It is a certain truth, It is a dangerous thing for a supreme Magistrate to have the patience to stay to bee first striken) but to put an end to those plots which were daily plotting and hatching against her Crown and Dignity; for the Queen of Scots had real plots for both, having found in her Study the Keys of above fifty several [Page] Characters for several people shee held Intelligence with, both Forain and English Traitors. Queen Elizabeth's grave and wise Counsell would not let her play an after game. They had the Queen of Scots tryed by a Jury of English Noblemen, many of them being Catholicks, & her own friends and neerest relations; and had they not found her guilty, many of their heads had gone off: for which very reason, many that the Scotch Queen took to bee her friends, were her greatest enemies. But doing that business so effectually, the Queen wincked at many Noblemen; for many of her Jury that had been hatching and acting with her, Queen Elizabeth buried their faults in oblivion. But Abington and Babington scaped not so well, being both hanged, drawn and quartered, and their Estates annexed to the Crown. There were others (as Somervill, Parry, Savage, and many more) that sought this glorious Queen's death, but shee vvas still protected by the Watchman vvhich slumbereth not; and dyed gloriously, and in peace.
May it pleas Your HIGHNESS; vvhen King James came to the Crovvn, a Powder Plot vvas laid for him, his Vine and Olive-branches being to bee about [Page] him, attended by his Nobles and third Estate in Parlament, who were all designed in the twinckling of an eie to have been brought to ashes, and dispersed by the four Winds: the hellishness of that Treason is beyond the expression of vvords.
That many Treasons have been plotted in other Countries, and on other Princes as vvell as ours; to Catholicks as well as to Protestants, and have taken effect: They were but plotted with us, but by God's providence prevented; beyond Sea really acted, witness the two great Kings of France, (Henry the Third and Henry the Fourth) one stabbed before Paris, in the face of his Army; and the other King, by a rascally Votary, a fellow conjured into the spirit of a Quaker (by such a base hand died Henry the great King of France in the streets of Paris) and the Prince of Orange murthered in Holland, being a Protestant Prince, by the same kinde of villanous hands. These perils are common in all ages, to good Princes and bad Princes, Protestants and Catholicks. And seeing these daily practices are and have been by God's permission suffered to bee done, what manner of men ought all Princes and supream Magistrates to bee, considering (more than [Page] other men) they may have their glory extinguished in a moment, and that by base and unworthy hands.
Som men (in all ages) being possessed and instigated by the power of the Divel, who possesseth them, and put's into their mindes, that a private man may by a dagger or pistol judg and execute a Prince, if they conceiv him a Tyrant: And these delusions many times prevail vvith these incarnate Divels, whereby they act Tragedies, and shake vvhole Nations; and thus do supream Magistrates too frequently becom (by these ill-principl'd Miscreants) upon the matter, but meer Tennants at will of their Lives and Dignities.
May it pleas Your HIGHNESS; there is a Pestilent Plague that reigns amongst us, which (I humbly say) ought by the pruning-knife of the Law to bee lopped off from the vvholsom Tree of this flourishing Common-vvealth; and that is the Treasonable Libeller, vvhich of late hath increased openly every week, producing daily monstrous births of Villany against the State. Great SIR! I humbly say, That these things ought not to bee despised, but rather lookt into; for every Libel is a knock at a carefull Magistrate's door; to awaken [Page] and caus him to stand upon his Guard; especially in such Times as these, when many men's brains are apt (being like Touchvvood) to take fire with the least spark of Sedition. And therefore, even as the Plague and sundry other filthy diseases are obnoxious and troublesom to both the minde and body; so are all scurrilous Verses and libellous Pamphlets, with their divellish Authors, in a higher degree more infectious and hurtfull to both Church and Commonvvealth. (Now all diligence should bee used to bring the Offenders to Justice, and by that means to terrifie others.) I have seen som questioned, but I did never see exemplary Justice done upon the Offenders, for these many years by-past: Som Juries in this Nation will not believ the ill Consequence of this fire, till (without God's great mercie) all will bee in a flame; for one Villain may bring a Plague into a City, as well as an Army; and one Conspirator, or one Libeller, one Naples Massanello, against a Prince or State, may bee like a Thunderbolt that strike's upon the sudden, and can hardly bee discerned, there is no defence nor preparation against them; one Felton in a moment extinguished the Greatness of a Duke of Buckingham.
May it pleas Your HIGHNESS; amongst just Princes (in the deadliest warr) assassinators and poisoners of Princes have ever been accounted execrable; and the Actors and Plotters to bee taken off from the face of the earth. And for all these new Doctrines abroad within this Nation, all true Subjects, without distinction or degree, (I most humbly conceiv) owe faith and service to the supream Magistrate, which give's them protection: And it is Treason for any Subject in this Nation, of what degree soever (I humbly conceiv) to bee privy to any forain Invasion, Rebellion, or Sedition, or any private Practices, to alienate and estrange men's hearts against the State, and so prepare them to burst out into Tumults and Commotions in these dangerous Times.
Most humbly I shall conclude, That as Your HIGHNESS (by Divine Providence) hath gotten the Supremacy of Power, and to bee Protector of these Nations (so it is ballanced with the supremacy of Cares); You must watch, when others sleep; for Your ascent to Greatness hath brought on You a great proportion of cares and troubles. And those men, whomsoever they bee; that look to gather their fruits, and live [Page] under the shadow of Your Protection, and would bee partakers of the beneficial Advantages, which daily must descend from Your HIGHNESS, beeing the Supream Magistrate; if they will not, in requital of Your Protection, bee true and faithfull to Your HIGHNESS and the Common-wealth, Such men (I humbly say) let them pretend what Religion they pleas, (without God's infinite mercy) may bring, both upon themselvs and the Nation in general, great mischiefs, to the destruction both of themselvs and many other particular persons.
May it pleas Your HIGHNESS; Queen Elizabeth and her prudent Counsel would never stay to bee first strucken, either by a Forain Prince, or home Rebel; when shee saw there was just occasion, shee would alwaies bee before-hand with them: by which her Vigilancy, shee kept her Self and People in safety, being much feared by her Enemies, and honored and admired both at home and abroad by all her Friends.
May it pleas Your HIGHNESS; I most humbly desire Your gracious perusal of these my humble following Proposals, for calling the Accomptants of this Nation in general to accompt; and of Your Princely Benignitie, to vouchsafe to pardon what You in Your great Wisedom shall see in [Page] this Book amiss; if it bee my error, it is an error of the right hand, and flow's from a Loial heart, out of my humble zeal and affection of your Highness Safety, Honor, Peace and Wealth, and for the good and ease of the Nation in general of some of their Taxes, by calling some unjust Stewards, Committee-men, and Treasurers to accompt, according to the Lawes of the Nation;) and that your Highness and the Parlament would be pleased to make such Orders, Ordinances and Rules for the due and just making of Gold and Silver Thread, VVyer, Purle, Spangles, &c. that the former Deceipts and Frauds, (daily practised and put upon the Nation) may bee prevented; And that an Act may bee made against all persons that have or shall hereafter cull and melt down the currant Coynes of the Nation, for the making of any of the aforesaid Manufactures, or for any use whatsoever: And that an Act against Transporters of Gold and Silver out of this Nation may bee forthwith passed, to prevent these great mischiefs to the Common-wealth, which daily arise through the Covetousness of particular persons, to the great dammage, weakning and impoverishing of the Nation in general. The long Parlament hath particularly excepted all these offences concerning the Coyn and Bullion [Page] out of the general Pardon, in Anno 1651. and all the Offenders are at this day liable to bee severely punished. There is the draught of an Act of Parlament against all these Offences and Offenders, twice read in the House and amended, and appointed by the House to bee reported by Mr Augustine Garland in the month of April 1 [...]53. VVhich Act, if once finished (as it is now drawn) doth appoint Commissioners to examine and finde out both the Offences and Offenders, according to former Presidents in Parlament.
And upon the effectual prosecution (I humbly say) the Offenders may finde the old Proverb true, that Sweet meat must have sowr sawce: Their exemplary punishment will terrifie others for the future from practising such mischiefs against the Common-wealth.
I have humbly presented to your Highness a further Narrative of my prosecution against the Silver ships Sampson, Salvador and George in the Court of Admiraltie. The several witnesses (beeing many of them Passengers in these ships) confess the Silver and Lading was consigned for Amsterdam; And many other remarkable Proceedings, for to vindicate the Honor and just Proceedings of the then Counsell of State and Parlament, who stayed those Ships and Silver, as Hollanders [Page] Silver and merchandize, ships and goods, only upon your Supplicants information and prosecution against them. The Hamburgers, Spaniards and Lubeckers had their ships and goods restored by the Judges of the Court of Admiraltie.
May it pleas Your HIGHNESS; I had more trouble to intitle the State to this Silver in these ships, and to disprove the Spanish Ambassadors Claim to this Silver, then I shall have to finde out the frauds of the Accomptants of this Nation: And if I bee impowered to bee your Highness's Remembrancer, and to have an inspection into the Accompts of this Nation, (by the assistance of God, if your Highness and the Parlament will strictly and effectually proceed in this Business) it will bring your Highness in millions of money, for the ease of the good People of the Nation in general.
God defend, the Commons of this Nation should pay their Taxes and Assessments to particular persons, who shall not give a just accompt to the Common-wealth, according to the Lawes and Statutes of this Nation. All good people (I most humbly say) ought to part with some part of their Fleece for the Safety of the Nation, when it is legally assessed, and justly and truly accompted [Page] for; but not to pay their monies to private Treasurers and Committee-men: that by these Imploiments, many of them have gotten vast possessions from the bottom of beggerie and baseness, by fraud, dissimulation and Cozenage.
May it pleas Your HIGHNESS; These men have not moderately shorn the Sheep of these Nations, but they have rent and torn their pelts and skins from them, and they ought (I most humbly say) to pay for the mending of them; and to serve some of these men as Dudley and Emson were served in King Henry the Eighth's time, would bee a pleasing sight, and acceptable to the good People of the Nation.
My most humble Suit to your Highness is, That none of the Accomptants of the Nation may escape in the croud, from giving up a just, true and perfect accompt; and that Commissioners and Auditors, of approved integritie and trust to your Highness, may bee impowered to view and inspect into all Orders and Warrants that have or shall bee produced by any Treasurer or Accomptant, for all summs of money they pretend for their discharge; and where any VVarrant hath been pretendedly or really paid, and not legally impowered [Page] for the payment of any summ of money; all such VVarrants may bee suspended, for the view and inspection of your Highness's Commissioners of the Revenue, or such other honorable persons your Highness shall appoint for that service: And every Treasurer and Accomptant of this Nation, his Body, Goods and Lands, his Heirs and Executors, to bee liable till they have duly accompted, according to the Lawes of the Nation, or obteined your Highness gratious Pardon and Discharge.
May it pleas Your HIGHNESS; Thus farr I proceeded in this my most humble Epistle, at the first day this Parlament fate, being Sept. 17. and your Supplicant beeing resolved to wait some time, to see how God would dispose of the Counsels of your Highness Supream Court, I did for some daies acquiess in this Business.
May it pleas Your HIGHNESS; It is a reverent Tradition and Priviledg granted to the Members of the high Court of Parlament, that many things may bee spoken by the Members of the high Court of Parlament within the House, which are not communicable abroad, and punishable for themselvs to speak out of that Place. There are some things which God doth many [Page] times put into a mans heart, (which is no Member of Parlament, but an humble loial Subject) which are for the good and benefit of the Nation, which one man knoweth; and peradventure another man that is farr wiser and more learned than hee, doth not know.
May it pleas Your Highness; In a ship, an ordinary Boy thereof is asmuch bound to discover a Leak or a Conspiracie in the said ship, as the Boson or Pilat, and hath as good interest to do it, because his life is endangered in the concealing of it; and a poor mans life may bee as precious to himself as a rich mans: the same thing ought every man to doe, that is a faithfull Subject on Land, in any Nation where hee hath protection, and much more his Countrey, for preventing all Conspiracies to his power; and if hee make a Discovery of what the Supreme Magistrate knows before, hee may therein shew want of Judgment, but not want of dutie or affection to the Supreme Magistrate or Government where hee liveth.
I humbly say, That man sinneth against God and his Conscience, if it bee for the honor of God, the good of the Nation, and the safetie of the Supreme Magistrate, [Page] if hee do not discover it: (and all men formerly were bound by their Oaths of Aliegiance and Supremacie to bee true to the King.)
For hee that hides and conceals that which God would have revealed, puts Gods light under a Bushel; most especially, if it bee incumbent upon a mans spirits, and such notions dictated unto him by the spirit of God, which hee never had before for the doing it; and upon resisting that spirit, may never have hereafter.
This beeing my present condition, upon my knees I beseech your Highness to be graciously pleased to grant your favorable perusal of this Epistle and Book, beeing far larger then at first I intended, proceeding from a most humble, dutifull and loial heart, for your Highness Securitie, Peace, Honor and Safety.
Had Caesar perused what was writ to him before hee went into the Capitol, hee had not died as hee did. The Duke of Guyse in France, and many others (in all ages) that have sleighted information and intelligence, have had the same sad fate.
Great SIR, I most humbly say, your Highness having (by Gods gracious and favorable assistance) taken on You the Government [Page] of beeing PROTECTOR of England, Scotland and Ireland, and the Dominions thereunto belonging, You ought and are bound (both before God and to these Nations) to the uttermost of your power to give Protection and equal Justice to all the good people of these Nations, that are willing to live under your Protection, and to defend them with all your might & strength, and to use the power God hath put into your hands for those ends, to keep your People in peace and safetie against all factious spirits.
In pursuance thereof, You are (asmuch as in you lieth) to keep from power or publick Imploiment all such as You and your Counsel shall know to bee publick or secret undermining Enemies of the peace & welfare of this Common-wealth, by what pretences, titles or callings soever, whether Civil, Militarie or Ecclesiastical. You and your great Counsell (upon my bended knees I say) are to have a special care of some men, who, under the pretence of the Priviledges and Rights of the people in Parlament, would (upon that popular score) vent their own discontents, and put all again into a confusion: with what spirits some old Members came to serve the Nation in this [Page] Parlament, was visibly seen to all men that wished the peace of this Nation, in some Counties upon their election, and in their ordinary conversation and deportment: The scope and drift of some mens designes was to make division and faction between the Parlament and your Highness, between the City and your Highness, and put all things into a confusion this present day, to make way for the publick Enemies of your Highness and this Nation. This was by some particular persons (no doubt) intended (and all men that studie and love the peace of their Countrey might see it) under such cunning undermining questions, as was by some discontented spirits set on foot the last Parlament, craftily to undermine the very Body and Beeing of the Government, and sliely to strike at both your Highness and your Posterities Life, Fame and Fortunes, and to pluck up by the roots your Highness Counsel and the established Government, which your Highness (by the Advice of your Counsel had setled); witness, the many Libells of all sorts and tempers, to stir up commotions in several Parts and Parties, the Ingredients beeing prepared for all Interests to incense and infuse a hatred and detestation of the present Government; and (without [Page] Gods mercie) the intentions of som would have before this time burst out into tumults and insurrections: my hopes and praiers are, that God, by your Highness prosperous government, hath prepared better things for this Nation.
That some factious Cocks, which crew so loud in the Countrey, now they are kept out of the Pit, may return home to their Houses, Countrey Capons, and sleep quietly in their roosts; it will bee a happiness both to themselvs, their Countrey, their Wives and Children, their Friends, Tennants, Servants and Neighbors (if they do so); and their not doing of it, may bring disturbance on the Nation, and a certain ruine upon themselvs, their Wives and Children. It is an old trick, Divide and Rule: and many that have had the power, will leave no stone unturned to get again into play; so they laugh, they care not if the whole Nation cries.
There are many good People who have been misled, upon the notion of Libertie and Freedom; And if your HIGHNESS and your Supreme Counsel (the Parlament) do not give a stop by your power and vigilancie, even at this juncture of time (without Gods mercie) things may run into great Disorders.
Therefore your HIGHNESS and the [Page] Parlament (I most humbly upon my knees say) must build the walls of our Jerusalem (England, Scotland and Ireland, and the Dominions thereunto belonging) as Nehemiah did that of the Jews. Your Highness and the Parlament have many Samballats that envies your Building and scorns your Reformation; there are many of the Children of Separation and Division in these Lands.
When a wise man would keep his House from falling, (that is rent & shaken with great tempests,) he props it up with timber, cramps it with Iron bolts and barrs; and, it may be, upon the propping of it to set it upright, cracks the seiling and fret-work of the best and stateliest room in his House; surely if either the Wife or the Children or the Servants should come and complain to the Owner what dammage this beautifull room hath received, the Master of the House and his Workmen have at hand a readie Answer, which is, Should hee not have propped and crampt the House with Iron bolts and barrs, the whole fabrick would have fallen, and the House have been made a heap of rubbish, both hee and they would have had no place to keep them from the weather.
By this my propping and cramping up [Page] my House (saith the wise Master and his VVorkmen) I have secured and got my Esse, I have kept my beeing; when my House is new tiled and tyte, to keep out the weather, you shall have your desire, I will give you all content, I will cause Plaisterers to repair and garnish that seiling which you are so much offended with the cracking of; I will new gild it, and make it more beautifull then ever it was, provided you will put to your hands to sweep down the Cob-webbs, and carrie away the rubbish, and so cleanse and clear my House; do this, I promise you I will do the other.
No doubt, but a wise and dutifull familie will do it chearfully with thanks, for their Esse and beeing hath been preserved through the Master of the families Providence.
May it pleas Your HIGHNESS; I humbly say, The good people of these Nations under your protection, ought (at this juncture of time) earnestly to pray to God, that the foundations of their Happiness may bee so laid, this Parlament (as to secure firmly their beeing) that they may have an Esse, and then comes the Bene, that it may bee as firmly setled upon as sure a foundation as a Rock, against whom no divisions or force can or shall prevail.
For the effectual Security of these Nations, that this Parlament would bee pleased to erect a high Court of Justice, to sweep down the cob-webbs, remove the rubbish, clear the house, and by Justice restrain and (if incorrigible) cut off unruly and violent spirits. Wise men cut their coats according to their cloth, and will bee sure to keep themselvs warm, before they buy Lace to trimm them. Ʋpon my knees I humbly desire your Highness, to put the Nation in a posture of defence, against home-bred Traytors and forain Force, and then bee pleased to garnish the People with rich and stately Priviledges.
Security ought to bee provided for before Ornament.
The Divisions at home are farr more destructive and dangerous, than any forain Force or Invasion can bee to this Nation. God bee thanked, the Sea is a hook in our Enemies nostrils; they may bee numerous, but they are at a distance. I hope this Nation in one respect may have a Property that Ireland hath, that no Spider or venemous living Creature but dies assoon as it is put on Irish ground: So, I pray God, none of Englands Enemies (either home-bred Traytors or forain Nations) that shall invade us, but upon their first Landing, may by Gods Assistance finde English ground to bee their graves, by the virtue and valor of your Highness Armies.
I have heard of a famous Vaulter, that having once shewed a rare trick, was pressed by some to do it again; and striving to do it the second time, brake his neck.
God divided the red Sea, and made a passage for the Children of Israël to bring them out of Egypt towards Canaan, this I finde and reade; but I never found nor read, that God would have divided the red sea, and given them a safe Passage, if they would have left Moses and Aaron, and returned into the red Sea again for Egypt.
VVee have a Proverb, The pot goes often to the water, but at last it comes broken home. Gods providence hath gone along with us, while hee bids us go and fight his battell, wee have seen the success. No man can promise a Blessing, when wee fall out amongst our selvs for shadows, and neglect our common Safeties. Many men have laid their designes to bring a mischief about, so deep, that when they spring their mines, the powder that makes the train shall bee freedom and priviledge of Parlament, Gods Cause, and what not, to make a disturbance. The truth is, if some men would speak their mindes truly, there are a sort of people do but cajole the common people, and blow them into discontents to get into places of power, as [Page] Absalom did, with I would I were a Judg in Israël, what Justice would I do? so saies some male-contented Members that were of the long Parlament, If wee can but revive Lazarus, get the long Parlaments power to sit everlastingly; VVell, what then? wee will restore the People to their Libertie; Even as much as you did it when you had the power; for they had so entangled themselvs and the Nation, that rich and poor, young and old, were glad they were dissolved; and many of them are ashamed of their own doings, yet some of the old Members would fain bee at the old VVork.
They vvould (had they your Highness povver) destroy and pluck up by the roots You, that had vvrung the povver out of their hands, also your Posteritie, your Counsel, Army, and all your relations. I humbly say, I beleeve these vvould bee the Actions of some of the Members of the long Parlament, had they the povver again; and this is the study of some discontented Members.
To stir up and foment the several humors and tempers of some factious people, to gather together and involve us in blood again, vvhat meaneth the daily seditious printed Libells else? if your Highness, the Parlament, and Army look not vigilantly about [Page] to suppress these male-contents, (before they get a head) by exemplarie Justice. I humbly say, the mischief is not so inconsiderable, that it should bee dispised.
And if it should so fall out, that this mischief should burst out, (as God of his infinite mercie defend) by the neglect either of your Highness, the Parlament or Armie; no doubt but God, having put us of these Nations into your hands for just protection, for such as submit to you for conscience sake; the same God vvill require a just accompt of your Highness, Parlament and Armie, hovv you have discharged this great trust; and vvheresoëver the failing of the Trust is, God vvill expect a strict accompt, and punish it: for mens lives ought not to bee spilt as water on the ground, nor their goods plundered, to satisfie factious and private spirits: The supreme Magistrate is to see the peace of the Nation not to bee disturbed upon particular factions, though they bee multitudes. The Magistrate set over us is not to bear the sword in vain: Justice is somtimes more seasonable for the Nation (upon incorrigible Offenders) then Mercie, that others may take example.
May it pleas Your HIGHNESS; A master of Ship in a storm at sea, may fling goods over-board, for saving the Passengers, [Page] Ship, and Loading; and the Owners must bear the loss, with thanks for his care; which if hee should do in a calm, (fling the goods over-board) hee vvould deserve blame and to pay for the merchandize: That may lawfully bee done in dangerous times, which cannot bee justified in quiet times.
There are some Priviledges in a quiet time, vvhich may and ought to bee stood upon, which at this time are destructive to the very beeing and safetie of the Nation; For if every man should bee admitted to give Physick that the Neighbors present and commend out of love to a sick man, the patient may quickly bee purged out of the vvorld: Dangerous times must have skilfull, valiant, and vigilant managers of their Affairs, and not discontented persons.
Wee see in Fevers, Calentures, and Lunacies, wise Physitians sometimes bindes the hands, and give their Patients thin and spare diet; which, by the care and attendance of the Physitian and Friends, the Sick are again recovered: Surely when they are in health, these mad men ought to thank their Physitian and Friends, as beeing (under God) the Instruments that gave them Life and Beeing: When these mad men are well recovered, they need not to bee restrained within doors, they need not to bee debarred of a free [Page] and plentifull diet, but to enjoy all they have freely, and to dispose of it as they please themselvs. If these Rules vvere not observed, when men are in a Lunacie or Sick, it would destroy Societie, and bee destructive to mankinde. A mad man with a knife may cut his own throat; vvith a sword, kill and wound all hee meets. A Sick man may eat or drink so much as may kill him, fling off the cloaths, or otherwise disorder himself.
Now, may it pleas your Highness; If these bee ordinary bonds and relations of Christianity, Neighbor-hood and Friendship between partie and partie, and is used amongst the most barbarous Nations, as the means to preserve a beeing; hovv much more is it your Highness Dutie and Place, and God expects it from your hands (beeing assisted vvith the supreme Court of Parlament) to bee a good and mercifull Physitian to the distempered and sick men of the Nation, some old Members of the long Parlament? A disease of the minde, and an inveterate heart are not curable, but by Gods blessing: such evil spirits are not cast out but by Praier and Fasting. How mercifully have you dealt with some of them that were chosen to sit in Parlament, in not suffering them to runn upon that (which certainly had some of them been admitted to sit in Parlament) [Page] they would have runn themselves upon a Rock to their own Confusion?
May it pleas Your HIGHNESS; I do not say, all those Gentlemen that were not at first admitted, God defend; for many, no doubt, are honorable and worthie Personages, and will give your HIGHNESS, the Parlament and Counsel just satisfaction. The like (I most humbly say) for those honorable and worthie Gentlemen, that are gone down into their Countries; no doubt, many upon their private occasions to settle their Business, and return to do the Parlament and Nation Service.
May it pleas your HIGHNESS; there is a saying, Hee is more mercifull that prevents a man from falling, then hee that takes him up after hee is fallen, and could have staid his falling; it shews an aboundance of bowels of mercie, that your Highness would not let some men run their desperate course, that they, when they were entangled in the net of their own inventions, might have enriched your Coffers by their Confiscations, and ruined their families.
God hath put it into your heart, to save them as a brand out of the fire; for had they been let alone, they had some of them burnt their wings. If they reade the Historie of [Page] former Kings Craft (as King James used to call it); they constantly made Risings and Tumults an advantage unto them by Confiscations and Forfeitures, to augment the Revenues of the Crown. And, no doubt, (many a man for the very covetousness to get his Estate) some Kings have hatched and revived old Treasons themselvs, to get and ensnare sometimes Innocents, and sometimes heedless Traitors. Histories, both divine and profane have such examples.
God send some men never to forget your Highness goodness; for when they had runn their course (as some Gentlemen in the North and West have done) some would have com to untimely deaths, others to banishment, and all to ruine and infamie (to the break-heart of their Wives, Children, and relations); and some others, with sorrow, teares, and unfeigned repentance, to have begged for their lives, and (peradventure) not obteined it, being cut off in their prime & strength, before half their daies are runn out.
Their Wives, Children, and Relations of some Families in this Nation, are bound to bless God for ever, that put it into your Highness heart to prevent some men in this Nation, that they should not forfeit their lives nor estates: a great mercie (with reverence [Page] bee it spoken) in imitation of the great God of Heaven, that hath said, I will not the death of a sinner; and with long suffering and patience beareth with sinfull man, whose breath is in his nostrils, and lighter then the dust in the balance. What are the private male-contents of this Nation in your Highness hands, so long as you make God your Shield and Buckler? Ʋnder Gods safegard and tuition, mighty Kings and Commonwealths have not been able to resist the force of your Armies and Navies; (witness, Holland, Denmark, Portugal, &c.) that God that hath delivered you from the Bear and the Lyon, will deliver you from these uncircumcised Philistins, if you put your trust in him.
The Blessing of him that spake out of the burning Bush, bless your Highness and your High Court of Parlament, and direct all your Counsels, that this Parlament may prove a Blessing to this Nation; And that your Highness and the Parlament may bee (as Moses and Aaron to the Children of Israel) the Deliverers of these Nations out of the Land of Egypt; And that God would send the spirit of Courage, Love & Concord upon all your Persons, & bless the Counsels and Acts of this Session of Parlament; That your Highness may bee a Nursing-father, and with compassion ease the Griefs and Oppressions of your [Page] People, (many of your good and loial Subjects at this day suffering much wrong and oppression, amongst whom your humble Supplicant is not the least, beeing oppressed contrary to Gods Law and the Laws of the Nation.
Your Supplicants daily praier is, That God of his mercie will blast and scatter all inventions & plots that are or shall be hatching against your Highness and the high Court of Parlament, either of forain Foes or native Rebells; And that God would turn the Counsels of some of the malicious Achitophels of this Nation that are sequestred and laid aside, and some others that have maliciously deserted their Trusts, into Foolishness; And if they do maliciously, wilfully and foolishly persist still to seek the disturbance of these Nations, over which God by his divine Providence hath made your Highness Governour and PROTECTOR; that then your sword of Justice may fall on some of them, to terrifie others, or (which is worse) that some of them may (if they do not repent of this malicious sin to God and your Highness for what they had maliciously designed) they may serve themselvs as Achitophel did, 2 Sam. 17. 23. And when Achitophel saw that his counsel was not followed, hee sadled his ass, and arose and gat him home to his own house to his Citie, and put his [Page] houshold in order; and HANGED himself, and was buried in the Sepulchre of his Fathers.
Let this bee the end of your Highness's malicious and implacable Enemies; others that erre through mis-information or difference in Judgment, I pray God to shew them a sight of their sins, and give your Highness a mercifull heart, so freely to pardon them, as your Self would expect Gods pardon; that so, through the great mercie and protection of our God, these three Nations (after so manie Earth-quakes, Overturnings, and most famous and memorable Revolutions) may bee firmly grounded and setled on the foundations of Libertie and Freedom, Truth, Mercy, and Peace; to the astonishment and amazement, horror and confusion of home-bred Traitors and forain Nations, your Highnesses and our Nations Enemies.
VVhen they shall see their hopes disappointed, many of them promised to themselvs, viz, Uproars, Tumults and Commotions, Fire and Blood; every man ready to sheathe his sword in his Neighbors bowels, the rocks to rend, and the Starrs of our Firmament to fall, our Sun to bee darkned, and Moon to bee turned to blood, through the divisions and private discontents amongst us in Parlament.
But BEHOLD! by the good guidance of God, this glorious Parlament running its course as the Sun in his strength, to the joy and comfort of our Friends, both at home and abroad, and confusion of our Foes in all parts; that see this Parlament sit in Glorie and Peace, in Love, Union, Order, and Concord, in that form as was wont to bee in Glorious Queen ELIZABETH's daies, every Member making it his studie to get good Laws, Liberties and Priviledges for the Counties, Cities and Burroughs they served for; and for these Nations of England, Scotland and Ireland in general, for the individual Safetie, Prosperitie, VVelfare and Honor of Protector and People, all their Interest to goe hand in hand together. And your Highness acting Queen Elizabeth's part, studying alwaies to enlarge your Self, to give these Nations all just and due Satisfaction and large Immunities.
Your Highness and the Parlament building up this Common-wealth, as Nehemiah did the walls of Jerusalem, Nehem. 4. every Builder to have his sword girded by his side, and so they builded; there are several other remarkable passages in that Chapter fit for these present times.
By the blessing of God, these glorious Beginnings [Page] of this Parlament will have as an auspicious and happie end and finishing, to the great contentment of your Highness and all the good people of your several large Dominions, to the terror of your Enemies, and the frustrating of many Spanish designes, that were and are hatching here, under specious pretences of several mens Interests and Discontents.
These mens Eggs were buried (no doubt) in India Gold; but, by the good guidance of God, the Spaniards Eggs will prove addle; He is so subtle (by the Counsel of his Jesuites, casting themselvs into all shapes) for hee doth most of his work by the Jesuites, who sow and foment new Doctrines amongst us, that have bewitched and cracked the heads of many men in these Nations, which do the Spaniards and Papists work, and know it not.
VVhen your Highness Navies sailed to the VVest-Indies, You caused them to bee sheathed with Planks, Pitch and Hair, that the worms which breed in those Seas might do no hurt or prejudice to the hull or bulk of their Ships.
Great SIR! England, Scotland and Ireland may well bee compared to three Roial Ships, and the Dominion of Wales to a most Princely Frigot, Your Highness by the grace [Page] of God being Protector, General and Admiral.
Your Highness hath now a Warr with Him that stiles himself the Emperor of the Indies. This Prince is Master of a Metall that is as dangerous to all Princes in Christendom, their Persons, Countries, Lands and Territories, as the Worms in the Indian Seas are to the Merchants ships. No Iron barrs can bee made so strong, but this Metall (like Aqua fortis) will eat thorough. It is called Gold and Silver; it is so subtle, that it will incorporate (like Quick-silver) almost with all metalls: Men of all Professions, all Ages, rich and poor, young and old, none but are taken and corrupted with it, as hee is a Natural man.
But God hath appointed a Remedie against this Poison to some persons through his mercie, the pretious balsom of his restraining Grace; but this hee grants but to a few, whose spirits are elevated above Gold and Silver, this world or worldly things.
God hath appointed another Balsom for these Nations against the Poison of Spanish Gold and Silver; and that is, to bless these Nations with your Highness victorious PERSON, beeing assisted with your supreme Counsell the Parlament.
Upon my knees I most humbly say, As you sheathe your Ships you send to India for [Page] fear of the VVorm; so your Highness must sheathe the Cinque-ports and Creeks of your HIGHNEss Dominions, you must fortifie and garrison the Sea-ports of this Nation, and the People bee alwaies readie (both in hand and heart, all as one man) to fight for our Religion, Countrey, our Lives, Wives and Children, Lands and Estates; and without this bee done, wee shall not have a Beeing, Estates or Proprietie: this is the one thing necessary and chiefly to bee lookt after, to fortifie and secure the Nation against home-bred Traitors and forain Forces.
And, if any should presume to assault us, wee may bee afore-hand, and by our Navies destroy their Ships & Vessels in their own Seas, let their Land be died with their Spanish blood, let their barren Countrey bee fatned with their own Carkasses; and as they give in their Monies the Sheaf of Arrows, as a remembrance of the great Victories they obteined by the Valor of the English; so now, for their Ingratitude, the Spaniards may cry as they did in Queen Elizabeths time, to Philip the Second King of Spain and his Counsel, SIR, Let us have Peace with England, and Warr with all the World. And if they did so when this Nation had but one Drake, and a small Fleet (in comparison of what your [Page] Highness hath, wee having now many score of Drakes, which if they bee impowered with your HIGHNESS Commission, and Gods Blessing thereupon) they shall never bee able to bring home their Treasures from the VVest-Indies; and though our Fleet wait long, no doubt the Vigilancie of your Admirals will make the Spaniards pay for their attendance.
About sixteen years ago, God (out of his secret Judgment) struck the Crown of Spain with a dead Palsie on one side, by the revolting of the Portugals, their right heir and true King assumed the Crown, viz. the Duke of Bragantza; so that now your Highness fights but with one half of the King of Spain, as hee was formerly; the other half the Portugal will assist You in all his Dominions (both in Christendom, Africa, East and West Indies) to destroie the Spaniards.
So that as God hath raised your Highness to this Greatness admirably, to have the Soveraignity and Dominion of these Nations▪ so by this rent and division of Portugal from Spain, God hath facilitated and made the way easie for your Highness to cut down and pluck up by the roots this barren Tree the Spaniards. And those Nations in the West-Indies, which at this day live under the Spanish Tyranny, and are now fed with the chaff and bran of Popish Superstition, [Page] may bee (by the blessing of God) fed with the pure manchet of the Gospel, and at once bee delivered from bodily and spiritual slavery.
My daily praier to God is, to keep us unanimous in this Nation of England, as wee and our Predecessors were in famous Queen Elizabeths daies; that it may bee the study of every good Protestant in this Nation with heart, hand and purse, to destroy the Spaniards greatness.
The King of Spains Power is now not half so much as it was before Portugal revolted from him, and his Power is now farr more in shew then substance; his Territories and Dominions are at such a distance one from another, they stand like the haires of King James's beard, scatteringly, as if one was afraid of another: the charges of Garrisons, and to keep his Dominions under his Obedience, doth cost him (in some Countries) farr more to keep the bare Title, then the Revenues of the Countries amount unto, witnesse our next Neighbour Flanders; and the like is for many other of his Dominions, that yearly cost him many hundred thousand pound [...] ▪ hee holds a VVolf by the ears; and if the King of Spain could bee well rid of them, both Hee, and his Counsel (no doubt) wishes both Flanders and Holland drowned in the [Page] Seas; they have been the Spunges that have sucked up all his Treasure yearly.
There was wont of old to bee a saying, No Fishing like the Fishing in the sea; No service like a Kings: so, I humbly say, No Warr like a Warr with Spain, No service like a Protectors service.
If wee can but light on the King of Spains Indian Fleets, & stop that Course, your Highness and these Nations (by Gods assistance) will turn the scales of all the Affairs of Christendom, and make your Highness appear the true Defender of the Faith in these Imperial Dominions, and the Sword and Buckler of all the Protestant Churches in Christendom.
It is a Rule amongst Gaimsters, Winn at first, lose at last; and great Undertakings are not to be effected but with great Difficulties. If it please God to put it into your Highnesses and this Parlaments hearts, vigorously and vigilantly to pursue the VVarr in the VVest-Indies, all the Protestants in Christendom will bee bound to bless God, and pray for your Highness and this glorious Parlament; and, by the Blessing of God, You and your Armies and Navies will cut the King of Spain in the jugular vein; as the Dutch man saith, Kill him as dead as a herring: which must bee done by the unanimous Power of these three Nations.
This Course vvill make great Brittany and Ireland, and their several and respective Ports, Havens and Harbors thereof, to act and do Cadis and St Lucars work; our Brittish and Irish sea-port Towns (by the prosperous conduct of your Highness Admirals and Generals) to be the Bancks, Magazins and Scales for Return of Indian Treasure, Jewels, and precious Merchandize. The Drumm and Trumpet encourages Horse and Man to Battell. The word India, and to bee master of the Treasure (as Gold, Silver, and other good things) of that new VVorld, no doubt is and will bee more inducing to many noble spirited Gentlemen, Merchants and Mariners of this Nation, then Drumm and Trumpet to Souldiers. But when the Land-souldierie shall be likewise interessed in the Purchase and Honor of this noble Undertaking; and the praiers and purses of the good people of this Nation in general, and an Act of this Parlament for setling a way for th [...] vigorous prosecution and maintenance of this just VVarr, for the Good and Peace of Christendom, to goe along in this glorious Action. Then surely it will bee a voice of thunder and terror to the Spaniards; they have seen their best daies, and the Massacres and Cruelties they have committed in the Indies, confessed by their own [Page] Countrey-men; now calls them to a strict accompt for the sins of their Fore-fathers.
All good people of these Nations may justly say, your Highness is sent by God as a Blessing of God to Christendom, and as a second Joshua to our Israël, to fight the Lords Battels; And by your most valiant Generals, Admirals, Land and Sea-souldierie, to put the People of these Nations into possession of the West-Indies.
There is a sort of wilfull People in these Nations, that repine and murmur, and will not see your Highness make these Nations happie. I humbly say, Your Enemies shall see this glorious VVork done by your Highness, which shall cause some men to burst with anger. God hath appointed the Valor of this Nation to bee a terror and scourge to the Spanyards.
By this means the Spanish Greatness will go out like the snuff of a Candle, and all Christendom, that hath been disturbed and put into Garbles, confusions, and Tumults, by their Ambition and Pride, to the slaughtering and murthering of millions of men, wasting whole Kingdomes and Nations, their wounds and scarrs lye bleeding at this day in several places.
May it pleas Your HIGHNESS; The West Indies is the King of Spain's sting; as [Page] Sampson's strength lay in his Hair, so doth the strength of the King of Spain lye in his Indies: Clip but off his Trade of Returns from the Indies, Your Highness will finde him as weak as water, and so poor, that hee shall not bee able to pay for a Poore-John or a Pilcher; You will hit him in the Ball and White of the Eye: If you take the Indies from him by the valour of Your People, the English may make his Castilianians grinde Sugar Canes in the Barbadoes, and use them as Sampson was used in the Prison-hous, and keep the Spaniards so poor, that the Hair of their heads shall never grow again to disturb Christendom.
God still; for ever keep the spirit of Ʋnion in these Nations in general, that every man in his Calling may have a heart and hand to build up our Breaches: that both Your Highness and your People may as one man seek the Individual Prosperity the one of the other, even as it is the study and care of every goo [...] Husband and good Wife to please and content one another: And this is no more then (I most humbly say) Prudence requires at this time; for the Adversaries of our Peace are vigilant, and leave no stone unturned to break in upon us, and to make a division either in hearts or hands, at this conjuncture of time, may hazard and disturb the whole Nation.
Now the God of Abraham, Isaac and Jacob, which never slumbereth nor sleepeth, direct your Highness and this glorious Parlaments Counsels and Actions for his Honor and the Safety and Peace of all these Nations, over whom your HIGHNESS (by the Grace of God) is PROTECTOR; That as Your Highness is great and glorious in this World, you may bee also great and glorious in the VVorld to come. So prayeth,
To His Highness OLIVER LORD PROTECTOR OF England, Scotland & Ireland, and the Dominions thereunto belonging.
HAving formerly (in November 1655, and April 1650 last) most humbly presented Your Highness in writing with som humble PROPOSALS, for Your Service, in relation to the calling to a true and just accompt all persons that have, directly or indirectly, in their Custodies, the publick Monies, Lands, Plate, Jewels, Merchandise, or [Page 2] any other thing or things of value; and also the Statute made at Westminster in the tenth year of the Reign of Richard the Second: which excellent Law was made to bring to a strict accompt all such as had defrauded the King and State. The then Parlament, in making that good Act, was so carefull to have all persons brought to accompt, that had received the publick Treasure, and all such as had defrauded the King and Realm, that they made it a premunire and loss of a man's Estate, besides imprisonment, for any (of what degree soever) that perswaded or gave counsel unto the King to have the said good Law defeated. And they found the strict and due execution of that Law to bee the onely Balsom to cure the great distempers and debts of the Common-wealth, and ease the good people in general of great outrages, oppressions, and insupportable charges. These are the very words of that Statute.
Upon the delivery of this Writing, Your most humble Subject received Your Highness's gracious pleasure by Mr Kelleway, that Your Highness did approve of those his humble and loial endeavours for Your Service; and that they should bee taken into consideration.
May it pleas Your Highness; Your humble Subject finding that on the 26 of May, 1656. a Commission was issued our, under the Great Seal of England, to certain persons, for to make enquiry and discovery concerning all persons that have in their hands or possessions, Moneys, Goods, Plate, Merchandise, or any thing of value appertaining to the Common-wealth, &c. Whereupon Your loial Subject did present unto Your Highness's said Commissioners at Worcester-hous (about the last day of May) the names of several persons who had been entrusted and employed as Accomptants and Treasurers to receiv and finger the publick Monies, Lands and Marchandise. Very many of these persons have made the Commonwealth's Money, Lands, Goods and Merchandise which they [Page 3] were entrusted with, so like their own, that to this day it stick's in these men's hands, and is in their private possession, to the great dammage of the Nation. And many of them (upon examination) will bee found to have at this time vast summs of money in their hands and possessions amongst them all, to the value of many hundred thousand pounds, Likewise your loial Subject hath most humbly presented your Highness how strict Queen Elizabeth was to have all her Receivers called to a just accompt, never sparing her great Officers and Favorites, by which means shee lived and died rich, never finding want in her Exchequer, nor her Chests without Treasure.
Your faithfull Subject finde's now (upon his Inquiry) many of these Gentlemen that were Treasurers and Accomptants, to wonder and make it strange, that ever they should live to see the day that any persons should call them in question upon their accompts (and that a just and true accompt should bee ever expected by the State) from all persons that have received and possessed themselvs of the publick Moneys, Lands, and Merchandise, &c.
May it pleas your Highness, your humble Suppliant saie's, That that opinion of these Gentlemen (for to have a perpetual Indempnity, and to escape scot-free, as hee most humbly conceiv's, is not grounded upon any just or true reason); for there bee hundreds of Orders, Ordinances and Acts to enable them and thousands of people now living to bee Collectors of Subsidies, Committee-men, Treasurers, Excise-men, Commissioners of the Customs, Trustees for the sale of the King, Queen and Prince's Lands, Bishop's, Deans and Chapters, and other Delinquents Lands, Receivers, Sequestrators, and Collectors of the monthly Taxes, Collectors for Charitable Uses; and all and every one of these persons, by the fundamental Laws of this Nation, their bodies, lands and estates, from the time and hour they became Debters to the Commonwealth, their Persons, Heirs, Executors and Administrator [...], [Page 4] their and every one of their Goods, Tenements, into whose hands they are sold, converted, or do com. And all other Lands, Tenements, Goods and Chattels, which any other person then had, or now have in trust for their use, or which at any time ever hereafter shall have power to dispose of, are all lyable to the due and true accompting, paying and answering your Highness and your Successors the monies, lands and goods, &c. they have received; and this is by many Statutes known to be the law of England. And many of them (before they were admitted to act as Trustees, Sequestrators, Committee men or Treasurers) took an Oath not to act contrary to the several Rules, Limitations and Instructions given them by several Acts and Orders of Parlament and Council of Sate, as appeareth by the Journal books and printed Acts and Ordinances of Parlament and Council of State; likewise many of the abovesaid persons, upon strict examination, will bee found wilfully perjured, which makes the Offenders lyable to fine and ransom for the breach of their Oaths.
The Lawes now in force (to bee duely and truely executed for to have an exact accompt) will bring your Highness and the Common-wealth in milions of money: there is not any one of the aforesaid persons can shew any Order, Ordinance, Act of the Council of State or Act of Parlament, (that when they were made Committee-men or Treasurers) to give them, or any one of them, a privilege or indempnity to cozen and defraud the State, or to licence any one of them to pocket up the Wealth and publick Treasure of the Nation, which they have fraudulently converted to their own use. And when they can shew no such privilege, (nor so much as a pardon) they need not make it strange, as many of them do at this day, That they should bee forced to give the Common-wealth a just, strict, and true Accompt, or els their Bodies and Estates, as also their Heirs, Executors, Administrators and Assigns to bee lyable, till they shall have justly and truly accompted.
Your Highness's humble subject delivered in W [...]iting to your Commissioners at Worcester-Hous certain Queries for his better direction to proceed in this service, and most humbly desired their judgments thereupon, that so hee might know whether his discoveries were within the cognizance of their Commission. All which hee humbly presented unto them, as being verie materiall both for your Highness and the Commonwealths service and hee told the Commissioners; that hee intended to make their judgment thereupon to him, to bee his Rule either to proceed or desist in these discoveries, to avoid unnecessary expence and trouble to himself and others.
May it pleas your Highness; in June last your Supplicant left with your Highness servant Mr Kelleway the true copie of the Writing hee did deliver to the Commissioners at Worcester-Hous, and most humbly besought him to present the same unto your Highness. And his most humble petition to your Highness was, That you would bee graciously pleased, upon your Highness's perusal, to signifie your pleasure thereupon to your humble and loyal subject, concerning the premisses; that so hee might know how to proceed but Mr Kelleway having no covenient opportunitie to get your Highness to peruse the same (by reason of your Highness other great and weighty affairs) thereupon your Supplicant received back the said writing again from Mr Kelleway and hath now printed the same.
The true reason wherefore your humble Subject hath forborn to attend the Commissioners at Worcester-hous, to receiv their order and direction concerning the premisses, is, becaus your most humble and loyall subject intends to put in the same Writing into the Parlament, and there will humbly wait for your Highness's and the Parlaments gracious Commands, and directions therein, And the results of that most high and honorable Court upon the premisses what your Highness and your high Court of Parliament in your great and profound wisdomes shall judg fit to bee [Page 6] don for the glory of God and good and eas of the nation concerning all the premisses.
May it pleas your Highness; your loyal Subject hath in som things enlarged himself more then in his writing hee left with your Highness: hee hopes, it is for the honor of God, the benefit of your Highness, and the eas of the good people of this nation in generall. His daily praiers to God is, That the publique Treasure that is in private mens hands may, by a gracious Act of this ensuing Parliament, bee ordered, converted and turned into the right Channel, to save the publique Taxes; which will bee as a sweet smelling Perfume in the nostrels of the good people of this nation, when they shall see those Caterpillers (that have not onely eaten the leavs, but barked the trees of this Commonwealth, using all opressions and fraud to grow rich) bee made to restore it. No doubt the work is pleasing and acceptable to God and all good men; and then manie men (who have made their religion a cloak to cozen the Commonwealth) may bee made to restore their unjust deteined Treasure and Lands. Many men (under the shaddow of sanctitie) having made gain to bee great godliness, (instead of godliness) to bee great gain.
May it pleas your Highness; your most humble and loyall Subject, at your Highness's feet, imploreth to bee relieved; having been imprisoned almost four years in the Tower of London; viz▪ 1643. to 1647. and two years and nine moneths of that time kept close prisoner; his estate in lands, houses, offices, goods and moneys being taken from him, to his dammage of eleven thousand pounds (there being then, at his bringing up the late Kings letter from Oxford in December 1643. no known law or publique Ordinance to prohibit him to bring up the said letter to the Lord Maior and Citie of London); and hee had a Pass from the hous of Commons to go to Oxford, as appears by the Journals in the Parlament-hous; and hee had at the same time a Warrant from the Lord General Essex to go to Oxford, [Page 7] procured by Mr Theophilus Ryley, then Scoutmaster of of the Citie of London. May it pleas your Highness (by Gods Law) Rom. 4. 15. Where there is no Law, there is no Transgression; and by the known Laws of this nation, such and such Actions are declared Crimes, and lawes and rules set for the degree of punishing. And hee most humbly conceaveth, it is not in any just Judges power to exceed the punishment for any offence, more then is prescribed and set down by the Law.
And it is expresly provided for in Magna Charta, that no Free-man shall bee taken, imprisoned, or distressed of his free-hold or liberties, or any other waies destroied, but by lawful judgment of his Peers, or by the Law of the Land; That no man should bee deferred or denied Justice, or Right.
Whereas your Supplicant, after he was out of the Tower, petitioned for six years constantly at the Parlament doors the members, and at the Counsel of State, to have a legal Trial by the Parlament, or els by the common Law; And to that end delivered several Petitions to several members of Parlament, yet your Supplicant could never have Justice. Som of the members of the then Parlament, after his many years constant attendance, and great expence, to com to a trial, told him, Had hee been guilty, hee should never needed to have petitioned the Parlament for a Trial; the Parlament would have granted him a Trial without petitioning for it.
May it pleas your Highness; This is your most humble Subjects sad condition, groaning under, and having so heavy a sentence as the loss of almost all his estate, to his dammage above eleven thousand pounds, almost four years Imprisonment in the Tower, when there was no law made at his acting this Business, nor at the time of his Commitment, for either punishing of him, or any other, for acting the same thing (which was, bringing up the late Kings letter to the City in December 1643) but Ordinances [Page 8] and Orders made after hee had brought up the King's Letter, for the Confiscation of his Estate, and Imprisonment of his Person, and a great part of his Estate given to private and particular men. Now with Tears and Sighs hee appeal's to Your Highness, for restoring him to his Estate and just Reparation, being oppressed and undon for a Pretended Crime, when there was no Law; no, not so much as the Breach of the Good Behaviour made against it in December 1643, either to Prohibit him or any other to do the same.
Hee hath printed this Business, with the several Houses, Offices, Bonds and Mony taken from him; To which hee doth most humbly refer himself, And Your Suplicant was daily faithfully promised by som worthy Members of the Long Parlament and Counsel of State, (who pittied Your Supplicant's sad Condition, seeing his willingness to serve the Commonwealth) to have Justice and Reparation: and that held up his Spirits, and kept him alwaies to bee willing, to the uttermost of his power and strength-beyond the abilities of his Estate, to engage both his time and estate, for many years, to do the then Parlament many and great services, as appears by Your Loyal Subject sprinted Narrative, 1653. The several Particulars were to his Charges and Expence of many Hundred Pounds, as by many Witnesses hee can and hath proved.
Besides, One most Remarkable Service to the Nation in General Your Supplicant did, by the Command of the then Counsel of State, which shall, and ought to stop the mouths of every one, and all his Adversaries, that have, or shall maliciously traduce him as a Malignant, for a man disaffected to the State, or to the true happiness of the Nation in General.
Your humble Subject did this service when Van Trump was in the Downes. It was no small hazard, his venturing to deliver in a Paper to the Counsel of Srate; in December 1653. which Writing was by the Counsel of State referred to the Committee [Page 9] for Forrain Affairs: Wherein Your Supplicant discovered the fraudulent Practises of the Spanish Embassadour, and Duke Leopoldus and his Agents, to defraud the Parlament of a Vast Summ of Treasure, above three hundred Thousand Pounds; which was brough [...] up into the River as a Prize, in three Ships, viz. The Sampson, Salvador, and George.
And this hee did, at the same time, when the Lord Embassador of Spain, with many other Agents of Duke Leopoldus, and Licensiados of the King of Spain's, living at Antwerp, did all of them affirm both to the Judges in the Admiralty, the Counsel of State, and to the Parlament in November and December 1652, that all the Lading, both Silver and Marchandize in the said Ships, did appertain to the King of Spain and his Subjects, and none other.
(May it pleas Your Highness, I was far more troubled to finde out the frauds of the Spania [...]ds Claims to the Silver in these Ships, and to bring it forth to bee proved by good and Lawfull Witnesses, as I have here out of the Admiraltie, to Intitle the State to the Silver in these Ships, Then I shall bee troubled to finde out the Frauds and Deceipts of all the Accomptants in General of this Nation, if once I bee but impowered by your Highness to have an Inspection on the Accompts, and such Rules followed and executed, as by the Laws and Statutes of this Nation, hath been formerly put in practice: and the whole Charge of this Discovery will not stand the State in 12d the pound, to bring the Monies into the Exchequer: And it may bee so managed, not Six pence Charge upon the Pound.)
The Spaniards in the Court of Admiralty, by their Counsel, pleaded, that they ought not to have the Onus probandum cast on them; being their Ships and Lading, and came from a free Port, viz. Cadis in Spain; and were consigned to Free Ports, Dunkerk and Ostend, that came over from beyond Seas purposely upon this Business: And they affirmed solemnly to the Court of Admiraltie, that there was no goods, silver, or Merchandize aboard all or any of the three Ships that appertained to the Dutch of the United Provinces, or French.
Whereupon, there was an Order of Parlament, about the beginning of December 1652, to the Judges of the Admiraltie to proceed to Judgment, according to the Cours of the Court, concerning the Ships Sampson, Salvador and George, and the Exspectation of many hundred me [...] was every day after to see the Ships discharged: and a day appointed for sentence.
Thereupon, som of the late Counsel of State finding, that in som of your most humble Subject's Writings, hee had discovered many secret wayes how Merchants transport Gold and Silver, both out of this English Nation, and Forrein Parts: and som of them conceiving, that if Your Supplicant were impowered, and commanded to find out the Spaniard's Frauds; Hee could do it.
Whereupon, the Counsel of State sent for Your Supplicant, and askt him, if hee could and would serve the Parlament faithfully, concerning these silver Ships: And if hee could, by good and legall Witnesses, disprove the Spanish Embassador's Claim to this Silver, in the Ships, Sampson, Salvador, and George, the Committee for Forrain Affairs (in the behalf of the Counsel of State and Parlament) promised Your Supplicant hee should bee restored to all his Estate, or the value which had been taken from him, or the Summe of Eleven Thousand Pounds in Lieu thereof: and should have of the Parlament a good Reward over and above.
After, within two dayes time Your Supplicant waited on the Lord Bradshaw, and Committee for Forrain Affairs, and told them, hee would undertake to disprove the Spanish Embassador's Claim to all this Silver, by Legal and undeniable Proof: And would prove, by clear Testimony, That there was several great quantities of Silver in these Ships that did not appertain to the King of Spain, or his Subjects; but to the Dutch of the United Provinces. Thereupon the Counsel of State by their Order of December the 13, 1652, Ordered Your Subject to assist, and bee in the nature of a Remembrancer, and to repair to Doctor Walker from time to time, who is the Commonwealth's Advocate for the prosecuting of these Ships (Sampson, Salvador, and George,) which accordingly hee did.
Thereupon, the day the ships were to be discharged the Court of Admiralty, your humble and faithfull Subject made his protest in the Court of Admiraltie against the Judges and their Proceedings, as appears by the Certificate of the Officers of the Mint herewith presented: And your Supplicant likewise declared in the Court of Admiraltie, that the Judges (but at their perils) should not proceed to clear or discharge all or any of the afore-named ships, (as the Sampson, Salvador, or George) till your Supplicant's witnesses were examined in the behalf of the Commonwealth. This was Decem. 17. 1643.
Whereupon the Court of Admiraltie required your Supplicant to appear before the Counsel of State, that afternoon at three of the clock, to answer before the Counsel of State to their Charge for your Supplicants Action and Protest in the Court of Admiralty; your Supplicants Protest being made against and contrary to an Order of Parlament, as Judg Exton affirmed in the Court of Admiralty.
There was many hundred of Merchants in the Admiralty, the Spanish Ambassadors Secretary, Duke Leopoldus his Agents, and several Spaniards, when your Supplicant made his Protest against the discharge of these silver ships, silver and merchandise: And that very day in the afternoon, at the Counsel of State, before the Judges of the Admiralty, upon reading of som papers, your Supplicant humbly presented against the discharge of the ships (the Sampson, Salvador, and George) and all their silver and lading. Upon a full debate before the Counsel of State, these three ships and silver were all (by Order of the Counsel) stayed; and your Supplicant had thanks given him by the Counsel for his faithfull service; and presently commanded with all diligence to make his proof, whereby to disprove the Spanish Ambassadors Claims.
In the further prosecution of this Business, your Supplicant received several Orders of the Counsel of State and of your Highness's Counsel, which ordered him from time [Page 12] to time to make his Addresses, and advise with Doctor Walker (your Highness's Advocate) in this Business.
Doctor Walker knows, that for 16 months together, your Supplicant employed many people in this Business, against the ships (Sampson, Salvador, and George) their silver and lading. Your Subject employed several persons in the translation of Spanish and Dutch Papers, which are in the Registrie of the Admiraltie; other persons your Supplicant daily employed amongst the Passengers and Seamen that belonged to these ships, to finde out and know what silver appertained and belonged to Holland, and all other matters that might tend to the discovery of this Business, constantly (as I said) employing about ten men in this Service, as appears by their several Affidavits, for neer sixteen months together. All these mens expences at their meetings, Boat-hire, and payment of them for their time, your most humble Supplicant out of his own purs hath discharged. And this hee did, to enable himself to do this service, and to finde out the bottom of the Spanish Ambassadors fraud, in claiming this silver. Your Supplicant (at the earnest entreaty of Doctor Walker, as appears by his Warrants to the Examiner and Register of the Admiralty) did cause to be breviated and read, and took notes of many thousand sheets of paper: som papers hee caused to bee translated out of Dutch and Spanish into English, concerning the silver ships. For almost three months together, this was your Supplicants and several mens works; viz. one Mr Glover, that had lived a long time in Holland, and Mr Bald-wyne, that had lived in Spain, as also your Supplicant. and others which were daily employed about this Business, as the Registers and Examiners of the Admiralty can testifie: and all this was done by your Supplicant at his own charges, never receiving a penny as yet, either from the Parlament, Counsel of State, or your Highness, for all his disbursments: and this your Supplicant did, at the command of the Counsel of State, & at the intreaty of Doctor Walker.
And had your Supplicant failed to make good his allegations, and not to have proved what hee undertook to do, hee had been totally a second time undone. Your Supplicant must confess, that the old Counsel of State in December 1652. many of them told him, If hee should fail of disprooving the Spanish Ambassadors Claim, and could not prove what hee had alleged to the Counsel of State, that in these ships there was silver appertained to the Dutch of the United Provinces, That then his protesting against the discharge of this silver, would totally undo your Supplicant, and bee his utter ruine.
Your Highness, and your most honorable Counsel, will see it cleerly proved, the great expence, pains and hazzard which your humble Subject hath been at till this very day, your Petitioner paying interest for above five hundred pounds; which money, every penny, hee expended in this service (as appears by the Oaths of several persons which your Supplicant employed, and they were privy to the laying out of the said summs of money onely in this service. (These original Papers remain in Mr Jessops and Mr Scobels custody.) And your humble Supplicant trusts in God and your Highness, that hee shall have his Estate restored, or the full value, for doing this great service, according to the then promise of the then Counsel of State, whereof your Highness was then a Member.
May it pleas your Highness; Had the long Parlament and Counsel of State coined the money which your Supplicant stayed, or altered the property thereof, hee is really assured by many honorable Gentlemen of the long Parlament and the then Counsel of State, that hee should have had full satisfaction with thanks for this great service: But they could not pay the Reward, before they received the Benefit. I humbly say, The old Counsel of State set mee (your loyal Subject) to beat the bush for them, but your Highness caught the Bird; and since your Supplicant hath acted by several Orders of your Highness's Counsel, beeing promised by them a just [Page 14] and good Reward, I do most humbly implore your Highness for the same.
Your Petitioner hath printed these Examinations, Witnesses, Transactions and Passages, and humbly tenders them at your Highness's and the Parlaments feet; that so your Highness and the Parlament may see the service your Supplicant hath done. Had hee not taken this cours, it had been impossible for him to have cleerly stated it to your Highness and the Parlament, and also to the whole Nation and world in general, what charges and pains hee hath been at to do this service. This will cleerly shew to the world the just caus the then Parlament and Counsel of State had in 1652 for the staying these ships (Sampson, Salvador, and George) and their silver, from undeniable Testimonies. Upon the sight whereof, the mouths of many clamoring merchants will be stopped, when they see upon what grounds this silver was stayed, and the clear witnesses and proofs for to justifie the truth, to disproov the Spanish Ambassadors and Spaniards Claims to all this silver in these ships.
May it pleas your Highness; it is out of the mouths of many of the Passengers in these ships that (this Voiage) came from Spain aboard these very ships, all able and credible witnesses; they have confessed,
1. That great quantities of this silver and merchandise was delivered a ship board in Spain for the accompt of the Hollanders and Merchants of Amsterdam, and other parts of the United Provinces.
2. By several Advises from beyond Seas from Holland and Spain (by the Parlaments Agent at St Lucars in Spain Mr Wilson, and Mr Pompeys Calendrens Letters from Holland, and Mr Steniers Letter, intercepted here in England) that these ships were bound for Holland, and a great part of the silver for merchants of Holland and Zealand: Also the Counsel of State had advice from Holland, that some of the same Fleet that set sail from Spain at the same time with these [Page 15] three silver ships, being taken by the Parlaments men of Warr at sea, were discharged from them, pretending themselvs to bee bound for Hamborough, and so got discharged; and immediately, when they had got from our Fleet, sailed directly into Amsterdam. The ships that so fraudulently cleared themselvs and got into Amsterdam, after they were in the possession of the Parlaments ships, were worth neer upon a million of money: had those ships been brought to London, that Business had broak the Hollanders hearts.
3. It is proved, that when these ships set sail to go their voyage, they all set sail from Holland Ports.
4. It is proved by several merchants of London (that have put in their claims to several parcels of silver in these three ships) That several parcels of silver then aboard these ships, was loaden and put aboard these ships for the proper accompt of merchants of London. Which clearly shewed the Spanish Ambassadors Claims to all this silver (as his Masters silver, and onely for his Catholick Majestie, and his Subjects accompt) to bee a notortous State trick, and forged to get the Treasure out of the States hands, that was in these ships. And if the Spanish Ambassador could have done it, hee was to have had many thousand pounds of the owners for doing of this State Business; but (by Gods assistance) your humble Supplicant prevented him, to his great expence and danger of his life for doing this service.
5. It is confessed and proved, That several parcels of silver aboard these ships, were entred in Bills of Lading by feigned names, and colorably to avoid the taking of the silver and monies, likewise to avoid the adjudication and condemnation of the same, if these silver ships and their lading were seized on; and that the Bills of Lading now produced in Court of Admiralty, were forged at sea, when they heard wee had warrs with Holland, and all the Dutch names of the Bills altered. This is proved.
6. There is in the Admiralty the States Generals Commission to De Wit and De Rutter (their Vice-Admirals) [Page 16] to guard these ships from the English: And this was done upon the petition of the merchants of Amsterdam to the States General. These Letters and original Commissions under the great Seal of Holland I have printed; and the Originals can bee produced when there is occasion. Without doubt the merchants of Amsterdam would not have petitioned the States Generals for a Convey for these ships, had not the Lading and silver belonged to them.
7. Your Highness will see (upon the whole matter and prosecution of this Business) your most humble Supplicant hath left no stone unturned, nor spared any cost hazzard or pains to do the Parlament (and since your Highness) this service.) And your humble Supplicant is fully assured, That it is a far easier work for him to discover the frauds of the Accomptants and Committee men of this Nation, if hee had a Commission to bee your Highness's Remembrancer, to see this Business effectually prosecuted, than to have made this Discovery of these silver ships.
8. Hee hath clearly proved several unfree goods and parcels of silver aboard these ships, appertaining to the Dutch, (then our Enemies) which hath made all the silver and merchandise lyable to a seizure and confiscation.
9. May it pleas your Highness; In France, one parcel of goods found a ship-board, and consigned to an enemy, confiscates all the ship and goods. In Spain and in Holland, one barrel of Butter or a case of Pistolls consigned but as a present to a friend, shall confiscate both ship and goods. And your humble Subject hopes, the same Law that is civil for them beyond the Seas to judg and put upon our Merchants and their Ships and Merchandize there, shall not bee held in England to be an uncivil Law, and a breach of Jus Gentium, when it is but the same measure of Justice which hath been in this Business administred to Forrainers here, which Forrainers administer to our Merchants beyond the Seas? And this is a known truth in many Merchants cases, that had not so much Justice in Spain, as wee have given to Forrainers here, even in these their silver Ships.
Here follow the several Witnesses, Examinations and Proofs against the Silver Ships, (Sampson, Salvador, and George) according to the Original Records.
MR JOACHIM PEESLER, Chirurgeon upon the great Sampson, (Otto George Master, above 36 years of age) testifieth; viz.
1. THat as they were at Cales, they took in all their Lading of Silver, the most of which was brought in by night; amongst the rest, 40 barrs of Silver loaden by the order of a Portugees at St Lucars, and consigned to his Brother (a Jew dwelling in Amsterdam).
2. When they had been ten daies at sea, the Purser was ordered by the Captain to go into the Fore-castle, and take his Book and blot out all the names of the Hollanders and Zealanders, and, in their place, to insert abundance of other names: After which, they looked it over, and found fault with some names that remained unaltered, saying, They were too well known; so hee put other strange names in their rooms. Then they examined it again the third time, and found some names that they thought were too well known in England; so hee dasht out their names, and put in others in their rooms; and then caused them, after the third time of Examination, to bee written out fair. [Page 18] And hee saith, That the Pursers Book that is now to bee seen, is that which is written out fair, since the three alterings of the Original Book, by blotting out several Hollanders names; the original blotted Book being not to bee found.
3. There were 4 barrs of Silver (as they lay at Eriff) brought out of the Hold; and by reason they were too big to bee carried away, they were put into a barrel of salt by the Steers-man and another: three of which barrs are yet aboard, for want of an opportunity to convey them a shore; but the fourth is carried a shore.
4. When the Silver was taken in at Cales, they agreed to sign several Bills of Lading for Ostend, though they were consigned to Amsterdam (as is well known to the above-said Joachim Peesler); for hee heard Laders themselvs say at Cales, That though the Bills of Lading were signed for Ostend, yet the Silver was to bee sent to Amsterdam.
5. Hee saith, That at Cales hee would have been freed from the ship Sampson; for that the Master would not tell him to what place hee was bound: whereupon the Master told him, That if hee would go for Amsterdam, hee might continue his service aboard; for that the ship should first go for Amsterdam: but afterwards hearing of the Warrs between England and Holland, the Master told him they were bound for Ostend.
6. Hee saith, That out of the Elias, and two other ships, (of which were Masters, Claes Peterson, and Daniel Ferrine, all belonging to Holland) several parcels of silver were brought aboard the Sampson in Cales road, and remained aboard the Sampson, when shee was taken by the English; the said Joachim being aboard the Elias, when the silver was thence sent aboard the Sampson.
7. Hee saith, That the Steers-man, Peter Naut brought on shore from the ship Sampson a parcel of silver, about the bigness of a large Sugar loaf, which they well knew did belong to one Daniel Ferrine, a Master of a ship in Amsterdam.
Wee underwritten do witness, That the above Articles were affirmed to bee true by the said Joachim Peesler, who subscribed the same in our presence.
- VVill. Reymes,
- I. Carleton,
- Jonathan Symonds.
A true Copie.
Joachim Peesler, somtime Chirurgeon upon the Ship Sampson, now riding at Eriff, whereof is Captain Otto George.
MAketh oath, that the said Otto George, meeting him in the street, called him Villain, and gave him manie other opprobrious words, and came toward him, and laid hold upon a weapon the said Otto had about him, and part drew the same; whereupon, one that was in Company with the said Otto George, held his arm, and would not suffer him further to approach the said Joachim; whereupon the said Otto replied, that hee should catch him on the other [Page 20] side: And the said Joachim doth verily beleev, if the man had not held the said Otto George, that hee had then and there wounded him.
Jonathan Symonds maketh oath, That hee hath declared the whole substance of what is above written in Dutch to the said Joachim Peesler, who affirmeth the same to bee the whole truth; and hee saith, that hee hath declared to him, the said Joachim, the substance of the oath hee is to take.
A true Copie.
This quarrel did arise upon the Confession of Joachim Peesler (Chirurgeon of the ship Sampson) when Otto George, the Captain of the Ship Sampson, had heard that hee had discovered the truth for the State, concerning the altering of the Dutch Bils of lading in this Ship; and Otto George and the Spaniards malice was so great to Joachim Peesler for making this discovery, that (I have heard it credibly reported) they poisoned him shortly after, and then reported hee died of the French Pox.
1. Jacob Elaes testefieth, that so soon as they came into the Without all doubt, these Papers that were flung into the Sea, were the true and original Bills of Lading made in Spain. Downs, and the Master gone to London, that the Steersman, Peter Naut, took up a bundle of writings, and tied them first to an Iron Barr, and then threw them into the sea. And the said Jacob knoweth this to bee true for; hee delivered the Iron to the Steersman, and saw him tie it fast, and throw it into the Sea.
2. Since the said Ship was brought into the River of Thames, there hath several considerable quantities of silver been carried out of the Ship, particularly as they lay at Eriff, [Page 21] several silver bowles and dishes, 16 silver trenchers, two silver saltsellars, 6 great silver dishes, about 7 or 8 bags of pieces of Eight, which were carried out by night, and packed in canvass that so they might, make no nois; And that Otto George and the Steersman knew of the unlading of them; for the most part was carried to Otto George's lodgings.
3. There is brought on shore four small bags of pieces of Eight, being the proper goods of Claus Peterson, Skipper and Burger of Amsterdam.
4. That when they were at Cales, upon their first loading of goods, the Captain told them, They should first go for Amsterdam; but afterwards hearing of the Warrs between England and Holland, the Master told him, They were bound for Ostend.
5 The Steersman Peter Naut, hearing what I had declared in flinging the writings over-board, asked mee, Whether or no I had given in such testimony: to which I answered, I had; and would justifie it: whereupon the said Steersman, Peter Naut, struck mee on the face, that I bled; and so the said Steersman went out of the room, without further denying the truth thereof.
[Page 22] 6. Peter Naut, the Steersman, brought on shore from the Sampson a parcel of silver about the bigness of a Sugar-loaf, which hee knew belonged to Daniel Ferrine, a Master of a Ship in Amsterdam.
Wee underwritten do witness, That the above Articles were affirmed to bee true by the said Jacob Eliares, who subscribed the same in our presence.
- I. Carleton,
- Will. Reymes,
- Jonathan Symonds.
A true Copie.
[There was many score of thousand pounds stoln out of these Ships, while the silver lay in the River, by Dutch and others; and had it not been unladen but by the State left on ship-board, before this time it would all have been (in all likelyhood) stoln away.]
The Testimony of Richard Scot, taken this 15 of December 1652.
WHo saith, That in September last there lay a ship, called the Prophet Elias, belonging to Horn in Amsterdam, and (to his best knowledg) bound for Holland; the Skipper of the same ship died at Cales; and being dead, the Deponent saith, That the Owners of this ship, being part owners of the Sampson, did sell the said ship to some Spanish merchants at Cales: at which time, here was taken out of the ship the Elias (by the men and boat of the Sampson) a parcel of money, containing fifteen or sixteen bags, and four or five bags of Cocheneel, and brought it on board the Sampson; where (so farr as this Deponent knoweth) it is still remaining.
Witness,
- James Reynolds,
- Jonathan Symmonds,
A true Copy.
BArnard Claeson, of Groeningen in Westfreyzland, saith, That hee is 20 years old, and that hee hath been aboard the Sampson nine moneths and ninteen daies, and that hee came first aboard at Talloon, (shee being taken by French-men) and from thence to Genoa, where shee took in most part of her Lading; and from thence went to Lighorn, where they took in a small parcel of Goods more; And that their end in going to Lighorn was, to look for two Holland men of Warr there, to conduct them to Cales, where they lay three or four moneths for the silver Fleet; [Page 24] And that at Cales hee knows there were taken in Dutch goods, (by the Skippers acknowledgment) but after the [...]umor of the Warr between England and Holland, the Skipper said, That hee had sent a shore all the Dutch goods; but, to this Deponents best knowledg, there went not above three or four parcels on shore: And saith, that hee supposeth these Goods were pretended to be sent on shore, upon the accompt of our Differences; And hee further saith, That when they were in Cales, before they were Laden, they said they should go for Holland; but after they had taken in the silver; then they gave out, that they were bound for Ostend; And hee further saith, That most part of this silver was taken in by night in small parcels; And saith, That the Goods they took in at Genoa were delivered at Cales; And saith, That there was a very great quantity of Goods aboard the said ships, when they were reported to go for Holland; And that hee knoweth not that the said Goods were laid on shore again.
The substance abovesaid is verbatim acknowledged by Tho. Angel, In presence of us,
A true Copy.
April 18. 1653. The Testimony of Barnard Clason, about the age of 22 years,
SAith, Hee was taken aboard the Sampson, (Otto George Master) at Tolloon in France, and sailed with him from thence to Genoa, and to Allicant, so to Malaga, then to Cales, where at first hee gave it out hee went for Amsterdam; and not onely the Captain, but the Steersman said the same.
Hee further saith, That hee heard a Merchants man say to the Steersman, hee had two Barks of Ox or Cow hides, that were to go for Amsterdam; and asked the Steersman if their ship was bound for Amsterdaam; to which the Steersman answered, Yes, they were bound for Amsterdam; but after hearing of the Warrs between England and Holland, then they gave it out they were bound for Ostend.
A true Copie.
The Certification or Information of John Perrin, one of the Ships company of the Vice-Admiral of the Ships now under arrest, which pretend to bee of Hamborough, called the Salvador, as followeth:
IMprimis, The said John Perrin (being about 32 years of age) doth certifie, That hee being an English man, born at Tonge, neer Sittingbourn in the County of Kent, [Page 26] That hee beeing about his occasions at Cades in Spain, (where the aforesaid ship Laded) hee was entertained by [...]he master of the said Salvador, for wages, (as they pretended) [...]o go for Ostend: and coming homewards, (as the Ships company was at prayer) one Thomas Thomason, an Italian Passenger in the said ship, demanded of a Spanish merchant, Whither the said ship was bound? to which the [...]aid merchant replyed, That they intended for the Downs, [...]here to take in a Pilot; And said, that they would from [...]hence go to Ostend; And that the most part of the goods were to go for Amsterdam: Also, that at the same time, when the said Salvador came from Cades, there were seven ships more came from thence with her; And that [...]he masters mate of the great Sampson told him the said John Perrin, that three of the said ships were going to St Mallows, and four of them to Ostend; whereof five of the said seven ships are here in the River of Thames.
This John Perrin lives at Feversham in Kent, when hee is in England.
This Paper was delivered to mee December 14. 1652. by Mr Richard Pitts of the Tower; In the presence of
A true Copie.
The Declaration of Philip Brown concerning the Ship Sampson, said to bee of Lubeck Nov. 2 [...]. 165 [...].
SAith, that hee was shipt in the said Ship at Talloon; about the beginning of the summer; from whence the Ship sailed to Genoa, and from thence to Lighorn, where they expected to bee conveyed by two Hollanders (who were gon the night before they got thither) which should have conducted them to Cales; where, when they arrive [...], they lay seaven weeks: and this deponent saith, that in that time hee took in by night for 16. or 17. nights together several parcels of silver; and hee saith further that (being one night walking upon the deck with the Masters mate) the said Brown askt him whether or no the said ship with her lading would not bee Prize to this State, in case it should bee taken by any of the Parlaments Fleet: Hee answered, that hee thought the Plate would prove Prize, by reason that most part of the Money was returned for goods out of the West Indies, which were sent thither by the Hollanders: And this Deponent saith further, that hee (understanding the difference between this Nation and the Hollanders, (being very desirous to come for his own Country) desired the Master to clear him, which hee denied, And told him, that unless hee would go with him to the Port whether hee was bound, hee would pay him no wages; but hee would not confess whether hee was bound: But the reason why this Deponent left the said ship was, because hee heard, by all Circumstances, that they were bound for Holland.
Witness
A true Copie.
Wednesday the 30th. day of March 1653.
JOhn Marshall a Waiter on board the Sampson, Otto George Master, declareth, that on Monday last the said George came aboard the Sampson, and shortly after fell into discours with this Affimant, and one William Sharp, another Waiter aboard, and told them, that hee was questioned concerning a good quantety of silver that was said to bee taken away out of the said ship; And then said, for my part I never had away but 400 pieces of Eight, which was my own money, and my plate for my own table. Tis true (said hee) there were three barrs and an half barr of silver, under my Cabbin, which lay there after the English had seized the said Ship, and by my direction, the Steersman took them from thence, to dispose of them in some secret place, And took an Hogshead, and filled it with Salt, and hid the three barrs and an half amongst the Salt; and afterwards the Cook, having occasion to use som salt, went to fetch some out of that Hogshead, and there hee found the silver aforesaid: And now (said the said Otto George) the half barr is missing, but for the three Barrs they shall bee forth comming. And then added (which hee had also said divers other times) that if the Ships and Lading should bee made Prize, hee would bee answerable, or els hee would bee hanged, or they should have his life for it. And this, or to this effect, the said Mr George, at the time and place aforesaid, spake and declared freely, and of his own accord, to the parties aforesaid in the English Tongue.
A true Copie.
An Information given to the Commissioners for Dutch Prises, December 27. 1652.
YEsterday, being the 26th of December 1652. I Humphery Faircliffe a Waiter for the Custome house, on board the Great Sampson, now riding at Eriffe, had some discours with the Cooks mate, who told mee, hee intended to com up to the Captain of the said Ship, as this day, who (said hee) is in London, to ask him for som money; and that if hee would not give him money as hee had given other folk, viz. the Steersman, the Scrivan, the Gunner, the Cooper, and Jacob the Cabine Boy, and many others; that then hee would go up to the States, and discover so much as would make the goods and Ship Prize▪ altogether: and would declare no more then what hee had heard with his ears and seen with his eyes.
Hee said, hee heard the Boatswain speak to the Steersman between Deck, and said if an English Ship did meet with them, and knew that the Silver was Holland goods, they would take it for Prize. And the Steersman did make answer, so they would, and the Ship too. And another standing by said, the Ship was too great to go into Ostend: To whom hee answered, that they intended to lie without till the Boyers came from Holland to fetch away the Silver: and then the Ship being lighter they could go into Ostend.
Hee said also, that hee saw them where they had bestowed all the Silver, and that it lay a bast the Maste, but the Ship swimming too much by the Sterne, they brought a great deal of the silver and laid it on both sides before the Maste.
And hee further told mee, that all the Silver is Hollands goods and more of the other goods, as Hides. And when hee had so said, Peter the Boy came in and interrupted us, otherwise [Page 28] I had known more of his minde at that time.
Hee also told mee, that for a month together, whilest they were at Cales, they knew no other but they were to go for Holland; but afterward, when the News came that the English and the Dutch were fallen out, that then hee said, they took the goods out of the Holland ship they were in, and gave it out, they were to carry the goods to Ostend.
All this was spoken and done on the day and year before named.
And on Tuesday the 28 of December, 1652. I met again with the Cook's Mate aforesaid, and hee told mee, that hee had received ten peices of Eight of his Captain, and now hee would go aboard again.
And one Erasmus, who belongeth also to the same ship, saith, that hee had got money of the said Captain, and hee would not go abord any more.
Humphrey Fairc [...]ffe made oath of the truth of that which is contained in this Paper, the 28th day of December, 1652. before mee
A true Copie.
The Information of Stephen P [...]ckle Merchant.
THis Informant saith, that about the 30th of November last, stilo novo; being then in Holland, and travelling in the Skute from Delph to the Hague,, (there being in the Boat divers Dutch-men of quality, dwelling in Delph,) hee heard them discours about the taking of Ships by the English; especially the taking of the last Plate ships, now under the Notion of Hamburgers. In which Discours one of them (being one of the Lords of Delph, and a Member of the East India Company there,) did confidently affirm to the rest of the Gentlemen, that the silver on board the Hamburgers, now in custody of the English, did belong to several Dutch-men of Amsterdam and Harlem: And further said, that although it might bee pretended, that the silver did belong to Hamburgh, yet at last it would fall upon their own heads, his reason being this, That the English were subtil enough to finde out the ground of the business.
Witnessed by
- William Randall, Clerk to the Commissioners.
- Edward Birch. J. D.
A true Copie.
The States Generals Letter: The Original, under the great Seal of Holland, is in the Court of Admiraltie.
THe States General of the United Provinces: Faithfull and welbeloved; That which wee have resolved to day, concerning the protecting and defending of these Ships bound from Spain towards the United Netherlands, which are exspected, you will see out of the inclosed Extract of our Resolutions; according to the Contents thereof, you are to govern your selves, wherwith concluding, wee recommend you to God's protection.
By order and appointment of the said Lords States General in the absence of the Griffer.
To our faithfull Friend Witte Cornelis De Witte Vice-Admiral of Holland and West Friesland.
UPpon what hath been presented by the Lords Deputies of the Province of Holland, in the Assembly after deliberation had, It is resolved, that in pursuance of their high and mighty Resolution of the 31 of August last past, do declare by these, that the Vice-Admiral de Witte, and the Vice-Commander de Ruyter shall bee written unto, That the ships comming from Spain towards these United Netherlands, and exspected home, shall not onely bee protected against the English, but against all others whomsoever, who would offer to damnifie them.
An Extract out of the REGISTER of the secret Resolutions of the High and Mighty Lords, the States General of the United Netherlands.
THere being produced the second time in the Assembly, the Report of the Lord Verbolt for the Sea affairs, in pursuance of their Resolution of the 26th Currant, They have perused and examined the Letter of the Colledg of Admiralty at Amsterdam, written from thence the 24 of the same moneth; together with a Petition, signed by a good number of Merchants of the same Town, in the behalf of themselvs and others likewise interessed in the Spanish Trade, concerning the securitie and bringing in salvo the Ships and Silver which is expected out of Spain; That the Commander of the Fleet of this State sailing, do convoy aswell the Ostend Ships as the Hamburgers ships laded with Silver, in case they should refuse to it. Whereupon, after deliberation held, it was resolved, That there shall bee a Letter sent to the rere-Admiral, De Rutter, that in case they in the said Channel should meet any Ostend ships, or Hamburgers, coming (as aforesaid) laden from Spain, they shall convoy these ships at this conjuncture of time; viz. the said Ostend ships to the coast of Flanders, and the others into this Countrey; Although it bee not according to their former Instructions, whether they would or not, or would not consent to it.
This agreeth with the said Register in the absence of the Graffer,
These Original Warrants and Orders of the States General, and Petition of the Merchants of Amsterdam, were taken in a Dutch ship that was going with them to Cornelius de Witte, vice-Admiral of Holland and Westfriezland, and brought to Dover to MR Vincent Delabarre and MR Thomas Delavale, merchants there, before they came to the vice-Admiral of Holland; who, finding them to bee of great Concernment and service to the State, acquainted Your Supplicant therewith; and they sent them up to the Lord Bradshaw and Counsel of State, to bee made use of for the service of the Common-wealth; to their great Commendations for their Fidelity to this Nation in this particular.
An Extract translated out of a High Dutch Letter from the Hague, bearing date the 15th of Novem. 1652.
THere was a Report the other day at Amsterdam, the Hague, and here, That the English had taken our Spanish Fleet; which made many look very dolefully, That at Amsterdam 30 per cent. was offered for Ensurance, but 50 per cent. was demanded. But this is found to bee an Apocrypha, especially if wee may beleev the report which is come from Antwerpt; for the [Page 35] Letters which came thence, of the 14th instant, do mention, That nine of the said ships were got to Dunkerk and Ostend, which had the most part of the money in them; Wee do long (with fear) for the confirmation.
So that although the Port bee Dunkerk or Ostend where these ships pretended to unlade, yet the Adventurers and Owners are of Amsterdam. And this you shall see cleerly confirmed out of several Papers of the States General, upon the Petition of the merchants of Amsterdam, in the behalf of themselvs and others, [...]nteressed in the Spanish Trade. There were above thirty other witnesses, all passengers in these ships, which I brought daily to the Admiraltie to Mr Budd, the States Proctor, to bee legally examined in the Court of Admiraltie; who could and would have discovered the whole bottom of the Spaniards frauds in the claiming of this Silver: But through the neglect of Mr Budd, and the craft and vigilancy of the Claimers, and the Spanish Ambassadors Secretary, the witnesses that I would have examined for the State, (being most of them Passengers in these ships, this voyage from Spain) they had monies given them, and were packed away out of the Nation, before they were examined in the Admiraltie for the State: Of which abuse and injurie to the State, I heavily complained to the then Counsel of State; but the Counsell was dissolved two daies after they had made an Order for the strict examination of this Business, which was about the 20th of April 1653. Mr Budd, the States Procter, was too great with the Spanish Ambassadors Secretary. And that was the reason why my witnesses were not all examined in the Admiralty, but let pass beyond the Seas without examination.
In the Registry I finde, amongst many other proofs, this following.
IN a Letter to Mr Samuel Wilson from Mr James Wilson, Agent for the Parlament at Cades, dated October 19th new stile, 1652. ‘This day goes away several ships bound (as they give out) for Ostend; and Bills of Lading made thither, but the Port is for Amsterdam: There goeth amongst them 7 or 800 Potaccoes of Tobacco, as neer as wee can guess.’
[This was written out of Spain by the Parlaments Agent Mr James Wilson, who is now in London (as I am informed); and, no doubt, can give a reason of his writing the same to Mr Samuel Wilson, the Commissioner for Prize Goods.]
In the Registry of the Admiraltie.
BErnard Clason, John Perrin, and Thomas Angel, Passengers in the Salvador, Sampson and George, confess, That there were eight Ships in one Fleet, when they came from Cades: And though they were to go to Ostend, most part of the goods were to go to Amsterdam.
The like doth several other Witnesses confess; And that these three ships set sail from Cades 19th of October 1652. And when these ships were a lading, they were bound for Amsterdam: And when they heard of the Warr between Us and Holland, then they gave out they were for Ostend.
SEveral humble Proposals I made to Doctor Walker; and from him to the Committee of the Counsel of State appointed to take an Accompt of your Supplicant touching this Business, for sending of Commissioners into Spain, to examine the Laders in Spain, concerning the the Claims of this Silver: which is the common way they do it, not by way of Mandamus, but by Intreaty, according to the Cours of the Civil Law beeween all Countries who have Amity one with another, This is daily done: Which had they sent Commissioners, There is not one of the Spanish Merchants that are nominated in the Bills of Lading in the Court of Admiralty, that durst have owned the Transporting of Silver out of Spain, for it is loss of Life and Estate in Spain, to Transport Silver (if you confess it, or bee taken doing it) And whether wee had Peace or Warr with Spain, the Silver had been all the States: For what silver belonged to Holland, the Dutch they could not Claim, by the last Articles of Peace, And what the Spaniard Claimed heer, by Merchants, would have all been denyed in Spain; for no man there would confess the Transporting Treasure: And if the Bills of Lading and the Laders were denyed to bee true in Spain, the State had done their work.
I have stated this business at large, to shew the great Expence, trouble, hazard and pains, the hard and difficult wayes I found out; I made use of Sea-men that were Passengers, Merchants, English, Strangers, all sors of people, and all interests, to effect this service, I took pains night and day.
And I most humbly say, if I bee impowered by your Highness to have a full Inspection into the Frauds of the Accomptants and Treasurers of this Nation with power to act as Remembrancer, And to have the same power (as Doctor Walker gave mee in the Admlraltie) to inspect into all manner of proceedings of Committee men and Accomptants and Frauds of the Nation, as aforesaid, I will most humbly undertake (upon the peril of my life) [Page 38] to bring your Highness in many hundred Thousand Pounds: Provided I may have just reward and encouragement for what I have done already.
Ʋpon my humble Petition to your Highness and the Counsel for my satisfaction for the staying the Silver Ships, The Counsel of State made this order.
ORdered, the humble petition of Thomas Violet, with the These Papers annexed to my Petition are the Originall Affidavits of my Expenses and Charges in this Business, and Warrants from Doctor Walker and the Counsel to require mee to do this Service: and they remain now in Mr Jessop's custody. Papers annexed bee referred to Generall Montague and Colonel Sidenham, to bee by them considered of, And the fact, with their opinion reported to the Counsel.
ORdered that Mr Srickland bee added to the Committee to whom the Petition of Thomas Violet is referred.
Ʋpon these Orders of the most Honorable Counsell I writ this Letter ensuing.
A Copie of my Letter to the Lord Bradshawe.
SInce the Order for the taking up the Accompts of this Nation, I have found in Mr John Corbet's Custody (hee being one of the Committee for Salop,) three of my Bonds of 2000 pounds, for the Payment of one Thousand Pounds to mee Thomas Violet; and the State never received Penny for them. Whereupon, I have Petitioned his Highness and the Counsel of State for these three Bonds (as part of my satisfaction) and Mr Corbet hath been sent to by Mr Scobell, and was with the Committee Yesterday, and confessed that hee had the Bonds, and that the State never received Penny of them. This, Mr Corbet told my Lord Strickland and Colonel Jones, and that hee would deliver them unto mee if hee had the Counsels Order. I have likewise Petitioned the Counsel, that, for the present, I might have five hundred pounds, in part of my satisfaction; which money I laid out in the Prosecution of the silver Ships, Sampson, Salvador, and George. And this I have proved upon the Oaths of Five men: And Dr Walker and the Commissioners for Prize goods have sent these Affidavits up to the Counsel for my satisfaction. And these Certificates and Affidavits remain sealed together in Mr Jessop's custody. And I had the Counsel of States faithfull promise (but chiefly and above all, I relyed upon Your Honor for the Restoration of my Estate or the Value) the Parlament having taken from mee to the value of above Eleven Thousand Pounds in Houses, Lands, Bonds, Moneys and Offices; when by Gods law nor the law of this [Page 40] Nation, at the time when they took away my Estate, I had not forfeited one penny. If it had not been for my protesting against the Discharge of the Silver, and my prosecution of that business, the Silver had all been let slip out of the Nation. I most humbly beeseech your Honor to acquaint Mr Scobell of my severall services; and defire him, that hee bee carefull to draw up my order for my bonds, that I may bee enabled to sue and prosecute them, as freely, as if they had never been under Sequestration. And that I may have, for the present, my monies I have expended in this service against the Silver Ships. It is a lamentable Case, my Usage, for mee to bring the State nere four Hundred Thousand Pounds, And to bee put to Petition for the monies I laid out of my purs. At the Counsel of States, and at Doctor Walkers Entreaty, I imployed people to do this service, as I can make it appear under his hand. My condition (I humbly conceiv) is not to bee matched, I having done so good Service, and been so ill requited. (It will make all men afraid to trust to English States mens promises.) If I would have betrayed my trust, and my Country, (I take God to witness) I was several times offered ten thousand Pounds of some of the Claimers of this Silver: Which had I done it, I need not either to have stayed in this Country, or to have petitioned for my Bonds or Charges.
The Lord Bradshaw's Report on the side of this Letter, written with his own hand: viz.
I Must needs affirm, That it appeared to the late Council of State, that Mr Violet did very good service to the Parlament and Common-wealth, touching the Ships mentioned in this Letter, and deserved good acknowledgment and satisfaction for it, as being very instrumental in discovering the Dues to the State, and finding out frauds in this and other particulars: for which, in those times, hee was thought worthy of Consideration.
For this his Justice in certifying the Truth, I give his Honor most humble thanks.
I Presented this Letter and Certificate to som of the Honorable Council; who, when they had read it, replyed, They wondred my Lord Bradshaw and the Council of State did not give mee satisfaction when I did this service; saying, They could have done it: and (if they would) they might have kept their promise; they then had power enough to do it.
TO which I humbly answer; My agreement with the Lord Bradshaw and the Council of State was, That I should bee paid eleven thousand pounds for this service, out of the first moneies the State coyned of the silver in these ships, after I should by good and legal witness disprove the Spanish Ambassadors Claim; Or I should bee restored to my estate in Offices, Lands, Bonds, Money, and Houses the Parlament had taken from mee, with all my dammage. Now (may it pleas your Highness) neither the Lord Bradshaw nor the Council, all the time after [Page 42] their agreement with mee, could pay mee; neither did I desire it, before it was due; for I was to bee paid my monies out of the same monies which were then aboard the Ships: For although by my discovery and protest, the Councill of State stayed the silver; which was the 17th of December 1652. Yet all the time after of the Parlament and Council of States sitting, which was to the 20th of April 1653. the suit against these silver ships and their silver and lading went on in the Admiraltie; and my witnesses some of them examined in the Admiraltie, though many other witnesses I would have examined more then I did get to bee examined, but could not have them. And there was no publication till after the 20th of April 1653. and then the power of the Old Council of State was taken from them, and the silver (though stayed all that time, from December 1652. to April 1653.) remained a ship board, though both the Commissiones for Prize Goods, and my self often times, made the Council of State acquainted with the daily Imbezilments of the Silver in these ships.
May it pleas your Highness, Upon the dissolving of that Parlament and Council of State, I received new Orders and directions from your Highness's most honorable Counsel, commanding mee to proceed and present to them all frauds and abuses concerning this silver. And when I presented to your Highness's Counsel my humble desires, and told them what agreement I had made with the Old Counsel of State, which was, That I should receiv twelv pence upon every twenty shillings which was paid to the State out of these silver ships for my discovery, till the summ of eleven thousand pounds was paid mee.
After I had attended your Highness's Counsel several daies for my Answer, the right honorable Colonel Sidenham and Colonel Jones (for Answer to my humble Petition for the said Allowance) told mee, the Councils pleasure was, and they required mee in the Councils name to proceed, and that I should have from the Council all my charges, [Page 43] and an honorable Reward for my pains and hazzard, expence and time, both for those I emploied and for myself, if I did disproov the Spanish Ambassadors Claim to the silver aboard the Sampson, Salvador and George; and other particular Agreement your Highness's Council would not make with your Supplicant; for Colonel Sidenham and Colonel Jones told mee, It was below the Council to make any other Agreement: and of the just performance of this, I might rest assured on.
May it pleas your Highness; Till I had this promise from your Highness's Council, I would proceed no further, but refrained my Attendance on Doctor Walker (hee sending for mee earnestly to proceed, both by Mr Doreslaus and others) I told them, when the Counsel of State had given mee their answer, how I should bee restored to my estate, and receiv satisfaction for my disbursments I had and should lay out in this service, I would then proceed in this Business.
And upon the right honorable Colonel Jones and Colonel Sidenham's promise to mee as aforesaid, and upon Doctor Walker's earnest intreaty of mee (as appears under his hand) I proceeded in this service. And this was done since your Highness took the Government, by order and command of your Council of State, and at the entreaty of your Advocate Doctor Walker. And upon these honorable Promises (besides my former Agreement with the Old Council of State) I relyed and proceeded; whereupon, Doctor Walker gave mee several Warrants to the Register, to the Examiner, and to Mr Budd your Highness's Proctor, and Mr Doreslaus. The Copies whereof follow; viz.
MAster Doreslaus and Mr Bud are now again desired to deliver unto Mr Violet a Copie of the Specifications given in by the Masters and Commanders of the ships Sampson, Salvador, and George: as likewise, Copies of all the Pleadings Articulate Exhibited and admitted on the part of the Claymers of the Silver in any of these ships: And they are to go with him to the Register, and Examiners Offices; and to procure him a view of all the Bills of Lading, Extracts and Exhibites, either brought into the Office, or exhibited by any Claymers: And whatever Papers are, or shall bee exhibited by any Claimers in the three Ships. I do, as Advocate for the Commonwealth, desire Mr Doreslaus to yeild all his endeavours and assistance, as also the Register, Examiner, and Deputy-Register in the Admiraltie from time to time to give Mr Violet free admittance and view of all Acts, Bills of Lading, and Pleas Exhibited, and Extracts and Papers remaining in the Registry, or which shall come in: And to do it readily and effectually; the same tending to the Service of the Commonwealth; and being in order for preparing the Evidence fit to bee produced for the Commonwealth. And I do, according to the Order of the Counsel of State of the First of September, 1653, earnestly desire and Entreat Mr Violet, and also the Commissioners If this Discovery had been so easily made, and had been every bodies work to have found out the Spaniards Frauds, I should not have had these earnest Entreaties f [...]om Dr Walker, according to the Orders of the Councel of State of the 1 of Sept. 1653. The Commissioners for Prise goods have certified to Mr Secretary Thurloe, how active and knowing they found mee to make these Discoveries; and had I not been so, your Highness had lost every penny of this great Treasure, amounting to above Three Hundred Thousand Pounds. for Prize goods, and their Sollicitors and Agents; as also, the Proctor and Sillicitors for the State, and every one of them, with all convenient speed, severally to set down in Writing all the Informations that they respectively know of, or can finde: And all the Evidences and Proofs that may bee discerned or produced [Page 45] on the part of the Commonwealth; That so a full Plea and Articulate Allegation may bee prepared, and the Proofs brought in for the Commonwealth: And no Default bee done, suffered, or committed.
And another Warrant of Doctor Walkers to the Examiners Mr How, and Mr Arnold, viz. 1 December, 1653.
MAster How and Mr Arnold, in the business of the three ships, Sampson, Salvador, and George, and the Silver and Lading in those ships, Mr Violet was ordered to contribute and yeild his Assistance, to bring in Evidence on the behalf of the Commonwealth. I did heretofore sign a Warrant, that all the Proceedings might bee shewed him: Hee now desires, that the names of all the Witnesses already produced on the behalf of the State, as also the Allegations and matter upon which they were produced: as likewise, the names of all Witnesses produced on the behalf of the Claymers; and every one of them particularly, and the Allegations and Interrogatories upon which they have been produced, might be shewn to him. This that hee desires being just, I desire that you Dr Walker knew (to his own knowledge) that I imployed many people every day in these Discoveries, severall of them being often with mee, both at the Admiraltie, and at his chamber; and hee knew, I imployed none in this business but credible persons, as appears here under his hand. would not put him off, but let it bee done forthwith, unto himself, and all such others as hee under his hand shall nominate; for hee imployes others under him in searching into this business. Hee will nominate none but such as may bee trusted in it. And I [Page 46] desire you in your several places to give him and all that hee shall imploy, all ready dispatch and incouragement, that the Business of the Common-wealth may finde no obstacle. Where there is publication, you may likewise shew him the Depositions, and (I pray) let nothing that is just bee denied him.
[Mr Simon Baldwine, Mr John Glover, Mr Thomas Lee, Mr John Gerrel, Mr Bruse, Mr Smith, Mr William Bourne, Mr Scot, and several others, Thomas Violet imploied daily in the Admiralty about this Business, as Dr Walker and the Registers and Examiners daily see, and as appear's by the above said Doctor Walkers Warrant.]
WHen I first was required by the Counsel of State to engage in this service, to assist and bee in the nature of a Remembrancer for this Business, my Warrant (of December 13. 1652) from the Counsel of State commanded mee from time to time to acquaint Doctor Walker (Advocate for the Common-wealth) with what I had to offer, or did desire to bee done in this Business of the Silver ships for the service of the Common-wealth. And truely my Duty and Truth bindes mee to give Doctor Walker humble thanks; for I ever had his uttermost Assistance, Advice and Incouragement to further mee in this service; for hee knew I needed it, having undertaken a knotty work, and had great and mighty Opposites therein, (even such as had great Influence in the State and then Parlament) which would have had the silver then discharged; and for my staying it, they do owe mee a shrewd turn to this day.
Doctor Walker made it his Business to keep the Silver here, till my Witnesses were examined. Let the Judges of the Admiraltie say what they pleas, This was a great help and incouragement unto mee in my Discoveries, and made my work so much the easier when I found his vigilancy and integrity to improve by all lawful waies and means the Common-wealths interest to this Silver, that they should not bee cousoned of this great Treasure. The like ready assistance to their power (in their several places) I must truly acknowledg I received ever from the Registers and Examiners, when I shewed them Doctor Walkers Warrants. For others in the Admiralty that did not do their duties, and hindred me as much as they could (though they were the Common-wealths officers; and, by their places and duty, ought to have don that they neglected to do: God forgive them, I do; considering though they indeavoured to neglect their duties, I was so vigilant (God assisting mee) that they were disappointed of their purposes. And the Common-wealth and your Highness, by my protest and careful prosecution, got every penny of the silver in these ships Sampson, Salvador and George, which els your Highness and the Common-wealth had lost. For my doing whereof great, men in the State were and are angry with mee, and manie marchants and others in the Admiraltie and els where grinned their teeth at mee; yet for all their malice (through the good protection and guidance of God) they could never bite mee with their teeth though with their tongues they have back bitten mee verie liberally upon all occasions by themselvs & their emissaries. I humbly say, it is an unworthy way to say that behind a man's back which they will not say to his face. And I humbly hope now your Highness sees the true proceedings and my expence, hazard, envie and paines so cleerly and particularly proved by manie witnesses, you will in your Justice pay mee what was promised mee, viz. the full Restoration of my Estate, with dammages; or the summ of eleven thousand pounds. For it would bee strange to all men, to have it left to posteritie, [Page 48] that Thomas Violet (out of his zeal for his Countrey) upon the faithfull promise of the Counsel of State of England, borrowed five hundred pounds at Interest, and laid it out every penny to save and get the State Three hundred thousand pounds in Silver; which the State had lost, had not Thomas Violet prosecuted the Business, and discovered the fraudulent Claims to all this Silver; which Practices were set on foot by the then Spanish Ambassador, to deceiv the State. The particulars at large I formerly Printed, when I stayed the Silver 1652.
Here followeth an Attestation of my Protesting in the Court of Admiraltie against the Judges, clearing or discharging the said Silver and Ships, and against the Spanish Ambassadors Claims, just that Morning as they were discharging of the Ships and Silver, being the seventeenth day of December 1652. as appears by the Certificate of the Officers of the Mint under their hands, viz.
Wee, whose names are here under-written, hereby Certifie all whom it may concern, that wee were present in the Court of Admiraltie that day the Judges of the Court were reported to proceed to a sentence for the Clearing or condemning of the Ships (Salvador, George and Sampson;) it being about the seventeenth day of Dec. 1652 And there wee saw Mr Thomas Violet the same day in that Court present a paper unto the Judges, which hee declared, conteined several reasons and Arguments to the Judges: for [Page 49] respiting their Judgment concerning the discharging of those Ships, and several other Prizes, till hee had examined several witnesses on the behalf of the State, to disproov the Spanish Claimes concerning these Ships, at which time the silver was aboard these Ships: After som time spent in arguing the business by Mr Violet in behalf of the State, the Judges seeming to proceed to a sentence concerning the said Prize Ships, Mr Thomas Violet made his Protest in the said Court of Admiraltie against the discharge of all or any of these Prizes, declaring hee did it upon his own Accompt, till his Witnesses were examined in the behalf of the State: And that the Judges, if they should proceed to the contrary, should answer it to the then Parlament and Counsel of State at their peril. Thereupon the Court desisted from proceeding in the said Business; and the Judges thereof required Mr Violet to attend the Counsel of State that afternoon about his carriage that day in the Court of Admiralty, touching these ships.
- George Brett,
- Thomas Burch,
- James Hoore.
Here follow the Affidavits and Certificates to the Truth of Thomas Violetts Service, made by honest men of clear reputation, (Merchants and others) that hee imployed and were privy to the whole proceedings in the Admiralty and other parts of this Nation: and by what waies and means hee made these Discoveries, to intitle the State to this Silver, and disprove [Page 50] the Spanish Ambassadors and the Spaniards Claims. The Affidavits follow; viz.
JOhn Glover of London Merchant, aged about forty years, maketh Oath, That Mr Thomas Violet having since December 1652. received several Orders and Warrants from his Highness's Council, and Doctor Walker (Advocate for the Common-wealth) to assist in the behalf of the Commonwealth against the silver Ships Sampson, Salvador and George and all their Silver and lading: In pursuance of which service, the said Mr Violet hath constantly intreated his (this Deponents) assistance, (amongst several other persons which hee the said Mr Violet imployed) for making discovery of the several frauds and practises of the Masters of those Ships, and of several other merchants, Claimers of the Silver and lading in the aforesaid Ships, to deceiv the State by their several Claims; And also of the several Bils of lading, and in several other particulars: in pursuance of this service for the Common-wealth, for several moneths this Deponent, with one Mr Simon Baldwine a merchant, who lived a long time at Cades and St Lucars in Spain, and with Mr Violet this Deponent and they two did view and examine all the Bils of lading, and the several pleas and Exhibits, Extracts, and all other writings and papers which were brought in and remain in the Registrie of the Admiraltie concerning these ships, silver and lading; the Register declaring that they had seen all the Transactions that was then upon record in that business, which were manie thousand sheets; and that the said Mr Violet had several Warrants from Doctor Walker to the Register and Examiners of the Admiraltie, to require them, that the said Mr Violet, and all such as hee should nominate under his hand to the said Register and Examiner, should bee impowered to make several searches, which hee this Deponent [Page 51] and the rest did almost every day for about three moneths: And this Deponent further maketh Oath, That after hee and the rest had taken such observations and directions, as Mr Thomas Violet had given order concerning the marks of the several Bills of Lading, and several other particulars; both Mr Simon Baldwyne and this Deponent delivered the Papers up to Mr Violet, hee having imployed and promised to content us for our pains. This Business concerning the ships and silver, this Deponent came to bee ingaged in at the request and entreaty of the said Mr Violet, hee having heard how necessary and advantagious hee (this Deponent) should bee, in making this discovery of the truth of this Business; For that this Deponent for many years was an Inhabitant and merchant in Rotterdam, and had Commerce and Trade with most Townes in Holland, where Trading was stiriing. And this Deponent know's manie of the marks of the Bills of Lading of these Silver Ships, though they pretend to belong to Spaniards, Hamburgers and Flaunders, yet they are the same marks as divers Merchants of Holland give on their goods and Merchandize; And that since the War with Holland, divers Ships and their lading have been condemned in the Admiraltie, and made prize of, which had Silver and merchandize aboard them at the time of the condemning, with the same markes which are in these Ships (Sampson Salvador and George); And this Deponent further deposeth, That hee knoweth the said Mr Violet imployed (besides Mr Simon Baldwine) several other people for the making these discoveries ever since December 1652. And this Deponent hath been imployed by the said Mr Violet in this business for almost a year and an half in the finding out and searching this business; and the said Mr Violet hath to his (this Deponents) knowledg, expended very great sums of monie in prosecution thereof, to the value of above five hundred pounds, besides all his pains, attendance and hazzard; this Deponent having heard him several times threatned and in danger of his life by several Merchants and others, Claimers of the Silver in these ships: they having [Page 52] declared in this Deponents presence, That by the said Violets protesting in the Court of Admiraltie against the discharge of these Ships and Silver in December 1652. the day the Judges appointed for discharging the Ships and Silver, (And by his further prosecution against those Ships and Silver since) hee hath been and is the onely cause of hindering them of their Silver and Ships; And that they had had their Silver long since, had not Thomas Violet undertaken the prosecution of this Business. And this, this Deponent hath heard affirmed several times by merchants and others, claimers, both at the Exchange and elswhere. And this Deponent maketh Oath, That th [...]s Affidavit is for the affirming and justifying of Mr Violets pains, hazzard and service in prosecution of this Business of the Silver ships and Lading.
Sworn the 27th November. 1654.
THomas Ley and John Gerrel make Oath, that in December 1652. Mr Thomas Violet was Commanded by the Council of State to assist (in the behalf of the State) against the Ships Sampson, Salvador and George; And several times since, the said Mr Violet hath received warrants from his Highness Council, and Doctor Walker (Advocate for the Common-wealth) for the prosecution of that service: this the Deponents know becaus Mr Violet hath shown them several times the warrants upon several occasions, hee having imploied them (these Deponents) for about sixteen moneths in the assisting him to prosecute this business [Page 53] concerning the Silver Ships. Besides, to their these Deponents knowledg, hee did imploie eight other persons at his charge for making these Discoveries, for above sixteen moneths together, hee the said Thomas Violet paying all charges of meetings, Boat-hire, and for writing and subscribing all the Transactions for the Counsel of State and Doctor Walker, for Printing the several Proceedings for the Parlament and Counsel: And they, these Deponents, are assured and know Mr Thomas Violet could not (though hee hath been very thrifty in this Business, to have as much done for as little money as hee could) expend in this Service for the State in his prosecution of these silver Ships, hee hath expended above five hundred pounds, besides all his hazzard, pains and time, having to their knowledg sate up many nights and daies together to do this Service; And having contracted the envie of many merchants for staying this Silver: And this Affidavit these Deponents make for satisfaction of all whom it may concern.
- Thomas Ley.
- John Gerrel.
Both sworn the 25 of November 1654.
SImon Baldwine of London merchant, aged neer 43 years, maketh Oath, that Mr Thomas Violet in December 1652. was ordered and required by the Council of State to assist in the Admiraltie, in the behalf of the Common-wealth, against the Silver Ships Sampson, Salvador and George, and their Silver; And several times since hath received several orders and warrants from his Highness▪s Council and Doctor Walker (Advocate for the Common-wealth) against the said Ships and all their Silver and Lading. For the more effectual prosecution of this service, [Page 54] the said Thomas Violet knowing this Deponent had lived for some time at St Lucars and Cades, and by that means knew the way of their Accompt, and shipping Goods and Silver, when the Silver Fleet returned from the West Indies: Thereupon the said Thomas Violet, and this Deponent, and one Mr John Glover, and several others, did view and examine the Bills of Lading, and their several marks, Pleas and Exhibits, Extracts and other Papers which were brought into the Admiralty, concerning these three silver Ships their Silver and Lading. Which Search Mr Violet was desired to make by Order of Doctor Walker, in pursuance of an Order of his Highness ▪s Counsel, as appears by several Warrants to the Register and the Examiner of the Admiraltie: And this Deponent maketh Oath, That Mr John Glover and this Deponent, having taken such Observations and directions as Mr Violet conceived was for the most advantage of the Common-wealth, concerning the several marks of several Bils of Lading, (both for their silver and merchandize) and several other particular Observations; and that Mr Violet (to this Deponents knowledg) imployed at his own expence many other people to finde out this Business; hee having engaged to see mee Simon Baldwine and Mr Glover satisfied for our pains. This Deponent delivered Mr Thomas Violet the Papers. And this deponent further saith, That hee was imployed by Mr Violet for one year together, this deponent living in the house with him for that time purposely for the Transactions of this Business: And this deponent verily beleeveth, that Mr Violet (in the prosecution of this service against the Ships Sampson, Salvador and George) hath expended many hundred pounds, and that it cannot bee less then five hundred pounds, besides all his pains, attendance and hazzard; this deponent knowing Mr Violet to sit up many nights and daies for this Business; this deponent having given his constant attendance therein for about one year, to finde out the frauds of the Spaniards Claims unto and [Page 55] in the aforesaid Ships: Which frauds, after much search, Mr Violet discovered by many passengers and marriners, and by other waies and means, as doth appear by many confessions under the hands of several people, and the several other papers in Mr Violets custody.
Sworn the 17 of February 1653.
THomas Violet maketh Oath, That since the thirteenth of December 1652. in his (this deponents) prosecution and assisting against the Ships Sampson, Salvador and George, their Silver and Lading; hee having imploied several persons amongst the Sea-men and Passengers belonging to these Ships to get acquainted with them, and of several other persons, for the searching out of all Records both in the Tower and in the Admiraltie; And for the transcribing and printing the several Transaction's of this Business for the State; this deponent having for sixteen moneths together constantly imploied eight several person, and somtimes above half a score, for the effectual prosecution of this service, many of them being constantly with him (this deponent) when hee addressed himself to Doctor Walker about this business: In which service this Deponent hath expended above the summ of five hundred pounds, besides all his time and hazzard of his person. Upon this consideration, viz. the Counsel of State, having in December 1 [...]52. faithfully promised this Deponent, That if hee did disprove the Spanish Embassadors and his Agents Claims to the Silver in these Ships, and to prove by good and legal Witnesses that great and [Page 56] considerable quantities of the silver aboard those Ships appertained to the Dutch, That then this deponent should bee restored to his estate or the value of it: upon the Credit of which promise, hee (this deponent) borrowed five hundred poundes to doe this service (the deponents estate being taken away from him by the long Parlament to his, this deponents, damage of above eleven thousand pound as hee (this deponent) presented to the Committe for Foraine Affairs December 1652. And the Committee faithfully promised him (this deponent) a restoration of all his estate in kinde, or the full value thereof, for this service, if hee did disprove the Spanish Embassador and his Agents Claims to the Silver in the said Ships.
Sworn Nov. 25. 1654.
A Copy of the Commissioners of the Dutch Prise Office Letter to Mr Thurloe then Clerk of the Councel of State.
Wee have a certaine discovery, that a great quantitie of Gold and Silver hath been stollen out of the Dutch Prize Ships, that calls themselves Hamburgers; wee desire, for the service of the State, to have a warrant to bring all the Bullion in the Dutch Prize Ships on shore. Wee have here (inclosed) Mr Thomas Violets Letter to us, and proofs taken in the Office; Every hours delay of not taking the Silver a shore, is a great loss to the [Page 57] State: Wee finde Mr Violet, (the bearer hereof) verie active and knowing to make these discoveries, And hee hath don several good and great services for the State already in this business; which wee desire you to present the same to the Counsell of State, with the tender of our services, wee are Sr
- Sam. Wilson.
- Rich. Hill.
This is a true Copie, examined by mee
UPpon what is here sworn and attested by able legall Witnesses, I do most humbly appeal to Your Highness, Whether I did not deal with the Counsel of State and the Committee for Forrain affaires, and Your Highness's Counsell as publick Ministers in the name and behalf, of the Commonwealth: And that, (if I had not relied on their honorable Promiss, and since, on Your Highnes's Counsell; whether I would have run these hazards, been at this Charge, hiered half a score several persons, and to have spent five hundred pounds, and payed Interest for it till this day, if I had not had the assurance from the State, of just and honorable dealing) the Lord Bradshawe, nor any one of the old Counsel of State were privately interessed in this business, with agreeing with mee for the restoring of my Estate, or the summe of Eleven Thousand Pounds, if I did disprove the Spanish Ambassadors and the Spaniards Claims, they were not, nor none of their relations were to have one penny or farthing benefit by this agreement.
They did onely look upon the greatness of my service and the hazzard, [Page 58] charge and difficulty I should undergo: And some of the Counsell of State told mee, If I did prove what I undertook, I deserved forty thousand Pounds, for I saved the State all the Three hundred thousand pounds: But if I should faile in what I had undertaken, I deserved to lose my life: And that, if I would bee so rash, to make a Protest against the discharge of the Silver, and, when I had done, could not prove it, I must suffer highly for it, for it was at that time to bring more fists about their ears then the State could well defend themselves from. Many of the Counsel of State, and some of the Commissioners for Prize goods and Officers of the Mint told mee, I had undone my self if I did not prove, there was great quantitie of silver in these Ships, Sampson, Salvador and George, belonged to the Dutch in the United Provinces.
Many great Personages told mee, The Spanish Ambassador would demand Justice on mee for presuming to contradict what so great a Princes Ambassador affirmed to the Counsell of State, and to the Parlament, if I failed of my proofs against him.
Also, the Merchants, many scores of them would have their actions against mee, for their Damages, for my detaining their ships and silver upon a fall pretence, (they having enterred a Protest for their Dammage in December 1652, for detaining this silver.)
And, above all, some of the Councel of State told mee themselves, if I could not prove what I had alledged to bee true, I should bee taken for an Incendiary (and so they would report mee to the Parlament?) So that, in seeking to get mine Estate, I ran a great hazzard totally to [...]do my self.
May it please Your Highness: In brief, I might with the same security have as well flung my self off of Paul's Steeple, as to have missed to maintain my charge, and not have disproved the Spanish Ambassadors Claim.
Therefore when I had made my Protest in the Admiralty I was forced to bee at the Charge to make out my Evidence [Page 59] and Proofs, and then fully to follow this business, or bee undone.
The prosecution of this business hath been to my insupportable Charge: to this day I pay Interest for five hundred Pounds I borrowed, and laid out in this business, to bring the State in above Three hundred thousand Pounds, as appears formerly, uppon the Oaths of severall credible Witnesses. And although I was promised the summe of Eleven Thousand pounds. Of all that summe I have received as yet (though I attended dayly the State) but three Bonds (which were my own Bonds) in two thousand Pounds for the payment of one thousand Pounds unto mee Thomas Violet: These Bonds being seized, and taken out of my sisters cust [...]dy in Holbourn Anno 1644, by the Committee of Shropshire,
And these Bonds I could not haue out of the Committee of Salops Custody, till I paid them forty Pounds, as appears by the Order of the Counsel following. So that, there is nothing that comes into a Committees hands of my Estate that I could yet ever get of Scot-free.
But I must ever humbly acknowledg John Corbet Esq his great Justice and favour to mee, in helping mee to my Bonds, even on those terms I had them: For which I give him humble thanks. And if the said Committee of Salop will restore mee back the said forty Pounds (I have deposited in Mr Corbets hands for their use) now they see my faithfull Affection and Duty to my Countrey in these several particulars; I shall like-wise-give them thanks for their Justice, in doing mee right. Their County will bee little the Richer for taking this Forty Pounds of mee.
The Order of the Counsel of State thereupon follow, viz.
UPon reading a Report from the Committee (to whom the Petition of Thomas Violet was referred) praying that certain Bonds seized upon by the Committee of Salop may bee delivered unto him. Upon consideration of the said Report, and for that the said Bonds are ingaged for forty pounds, which the said Committee imploied for publique use, Ordered by his Highness the Lord Protector and his Counsel, That upon the said Thomas Violets paying unto the said Committee the said summ of forty pounds, for which the said Bonds are ingaged, That the said Committee bee required to deliver up the said Bonds unto the said Thomas Violet, and that hee bee at liberty to sue the same, and to take the benefit thereof as formerly hee might have done; and that it bee referred to John Corbet Esquire, to see the said Bonds delivered up accordingly upon payment of the said forty pounds.
Mr John Corbet I attended with this order; March 28. 1655. Hee was pleased to tell mee hee was to go down into Shropshire, and would speak with the Committee who were to receive the forty pounds, and then I should know where to pay my money, for hee told mee hee had never received Publique monies, and hee was verie unwilling to receiv any now, But upon his return, uppon my earnest intreaty and to save mee from further [Page 61] trouble, hee told mee hee would receiv and keep this fortie pounds in deposito, for the use of the Committee till hee had order from them for the disposing of it. That transaction follows, viz.
MEmorandum, That the 24th of May 1656. In obedience to the Order of his Highness the Lord Protector and his Counsel of the 21. of March 1655. I John Corbet Esquire have delivered unto Thomas Violet, of London Gold-Smith, three Bonds: the first bearing date the 6th of June 1638. of eight hundred pounds, for the payment of four hundred pounds within one year after the death of the Lady Anne Waad; in whc [...]h Bond, the said Lady Anne Waad, Charles Mordent, Philip Cage, and Edmund Lenthal Esquires, stand bound to the said Thomas Violet: and one other Bond of the 6th of June 1638. in six hundred pounds, for the payment of three hundred pounds, within two years after the death of the said Lady Anne Waad; in which the Persons aforesaid stand bound to the said Thomas Violet: and one other Bond (of the same date) of six hundred pounds, for the payment of three hundred pounds, within three years after the death of the said Lady Anne Waad; in which Bond, the Persons aforesaid also stand bound to the said Thomas Violet; The summ of forty pounds being paid by the said Thomas Violet, according to the said Order.
Witnesses then present
- Edward Watkins.
- William Davis.
- Edmund Cogan.
- John English Scr.
The Lady Ann Waad of Battels Hall in Essex died about May 1643. And the Bonds are due to mee Th. Violet, as abovesaid.
May it please your Highness,
OUt of your princely regard to Justice, to reliev your humble Supplicant; and to give that order and direction, that either your Supplicant may bee restored to his Estate again, with his Damages, or the summ of Eleven Thousand pounds paid him, according to the faithfull promise of the Counsel of State; Or any other way Your Highness in your great Clemency and love to Justice shall think most convenient for the just Reward of your Loyall Subject, to give him Satisfaction. (Your Supplicant having formerly at large Printed the Grounds and Reasons for his Stay of this Silver; and the severall humble proposalls hee from time to time presented to your Highnes▪s Counsel and Doctor Walker for your service.) And your Highness having disposed of all this great treasure by the hands of Sr J. Baxter, your Highnes's Lieutennant of the Tower; who hath been honorably pleased solemnly severall times upon your Supplicants humble suit, to promise mee, if ever hee had a fit opportunity to acquaint your Highnes of the great charges, pains and attendance I had been at in this business: and that hee would faithfully and effectually do it; and present how seasonably both for the Nation and your Highness I stayed that silver in the Ships Sampson, Salvador and George, when Van Trumpe was in the Downes, ready to conduct the silver home. And this appears upon the attestation of several Gentlemen, your Highness's Officers of the Mints hands, whom Mr Lieutennant of the Tower knowes to bee able, honest Gentlemen; And they were in the Court of Admiraltie when I stayed this silver by my Protest. I humbly refer my self to their Certificate in this Book, Fol. 48, and to Mr Lieutennant of the Tower's report to your Highness thereupon.
I petitioned your Highness in February 1653. to take an Accompt of these silver ships, and what I had proved in the Admiraltie: And desired, that your Highness Counsel would advise with Doctor Walker about sending Commissioners [Page 63] into Spain, to Examine the Claimers in Spain: and for to Advise how this weighty business might be managed for the most advantage of the State: and to vindicate the Justice of this Nation in staying this silver in the Ships Sampson, Salvador and George. This was the substance of my humble Petition.
The 3d of February 1653. Your Highness referred this Petition to the consideration of the Counsel to expedite the business, by Mr J. Sadler.
THe humble Petition of Thomas Violet to his Highness the Lord Protector, and by his Highness referred to the Counsel, was this day read. Ordered, that it bee referred to a Committee of the Counsel, viz. to Major Gen. Lambert, Lord Viscount Lisle, and Col. Sydenham, or any two of them, to take consideration thereof, and to inform themselves of the Fact, and the Claims made, and to state the same: And in order thereunto, to send for Doctor Walker, as also for the Petitioner, and such persons and papers as they shall judg meet; and to report the same, with their opinions to the Counsel.
THe 25 of February 1653. Doctor Walker and your Supplicant attended the right honorable Major General Lambert and Colonel Sydenham; to whom [Page 64] your Supplicant delivered a duplicate of many, Papers hee had formerly delivered to Doctor Walker, touching this Business; wherein, at large, was set down what was proved for the State against the Silver Ships; (som part of which Papers I have here printed, with my then humble desires to the honorable Committee, to have Commissions out of the Admiralty to go into Spain, (as is usual by t [...]e cours of the civil Law) by which means the silver that is pretended by their bills of Lading to bee loaden by Spaniards at Cales and St Lucars aboard these Ships; not one penny will bee claimed of it in Spain by the Spaniards; for, the transporting Silver out of Spain without the Kings licence, is loss of life and estate: And had the Claimers had the Kings licence to transport the Silver, that licence would have been pleaded in the Admiralty: and this is a certain truth, No man in Spain will make a confession to hang himself; if they did, they would bee accompted mad merchants; so that all this Silver would have proved prize to your Highness, bad wee not had a Warr with Spain: for the truth is, these Spanish Claims were forged on board the Ships when they were at Sea; as appears by the voluntary confession of Mr Joachim Peesler, Chirurgeon of the Ship Sampson, who saith, The Pursers book was altered at Sea, and all the Dutch names put out of the Pursers book, and other names put in, and the true book was not in the Admiralty; and the Spaniards wanted for no help in London to perfect their fraudusent Claims as I have set forth: And Jacob Eleares, the Cabbin-boy of the Sampson saith, The Steersman at the Downes took an Iron-barr and tyed a bundle of Writings fast to it, and then flung it into the sea. You will see this at large by both their own Confessions in this book, fol. 17, 20.
I also most humbly presented the insupportable charge and expence, the continuall hazzard of my life, and the envy I had by my staying this Silver.
The right honorable Committee were well pleased with the accompt Doctor Walker and my self gave them touching this Business; [Page 65] And Major General Lambert commanded mee to make my Petition, and to set down my humble desires, and hee would see that I should receive satisfaction and incouragement for this service. And accordingly I made my humble Petition, and delivered it to his Honor; but as yet (by reason of the multitude of great Businesses) it is daily respited: Doctor Walker at the same time made his Report of the great expence and envie I had undergone in doing this Service; and humbly referred mee to the honorable Committee for satisfaction. This was about March 1653
This (that before I have humbly declared) shews to all the world the just grounds and reasons the then Parlament and Counsel of State had for staying the ships Sampson, Salvador, and George upon your humble and faithfull Subjects discovery, and his Protest in the Court of Admiraltie, and his great expence and paines: All which hee willingly and cheerfully undertook, to shew his true affection to his dear Countrey, to the then Parlament and Counsel of State, and afterwards to your Highness; by several Orders and Warrants from your Highness's Counsel, and your Highness's Advocate, requiring and desiring your Supplicant to do this: And no man of his Condition can shew fuller or clearer demonstration of his duty and love to his Nation and the present Supreme Governors; Nor no man in England (of your Supplicants condition) ever brought to the Common-wealth so much money at one time, as your Supplicant hath done.
May it pleas your Highness; the Scripture saith, The tree is known by his fruit: Had I not loved my Countrey, I would not have ventured my life and estate (as I have done) in this service, and sate up nights and daies to do this service, and imploied half a score persons at my own charge in this Business.
I most humbly here (upon my knees) present your HIGHNESS an Accompt of what hath been taken from mee Thomas Violet; for which I most humbly desire satisfaction in kinde, with my dammages, or the summ of eleven thousand pounds, as was faithfully promised unto mee by the most honorable Counsel of State in December and January 1652. for staying the Silver in the ships Sampson, Salvador and George, and disproving the Spanish Ambassadors Claim to this Silver, which was above three hundred thousand pounds.
1. WHen I was first sent unto the Tower the 6th of January 1643, my mother had of mine good Bonds and Bills in her hands taken away from her at several times, to the value of one thousand three hundred and odd pounds; Besides many of my Papers and Accompts of great concernment to the Commonwealth; and as yet I cannot come to the knowledg who hath them: But this I am sure of, If there had been any thing in them that could have made against mee, there had then use been made of them.
2. My mother had at another time a Privy Seal taken from her, wherein the late King acknowledged hee owed me (for my expences in discovering the Transporters of Gold and Silver) ninteen hundred threescore and eight pounds: which money I laid every penny out of my [Page 67] own purse to do the late King and Commonwealth that service: and I caused the transporters of gold and silver to be fined in the Star Chamber at Twenty four Thousand pounds, besides several Merchants, and gold and silver Refiners, viz. Alderman Wollaston, and Alderman Gibbs, Mr Peter Fountain and others: Upon their Petition to the late King, (and paying well for it) had their Pardon under the Great Seal of England, for several abuses practised by them in their Trades, and complained of at Whitehall to the late King by Sr Henry Mildemay Master of the Jewel-hous, and by som of the Wardens and Company of Goldsmiths, as will appear by the Order of the Counsel-table, 25 Jan. 1634.
3. The Committee of Essex put mee out of Possession of the Mannors of Battells and Patan-Hall in Essex, as appears by their Warrants. Of which Lands I had an Extent to the just value of One thousand pounds: and one Mr Elconhead received my rents ever since 1643, Mr Philip Cage being in possession for my Use.
4. The Committee of Shropshire seized, in my sisters hands, in London, three Bonds due to mee, in two thousand pounds for the payment to mee Thomas Violet one thousand pounds, by the Lady Anne Waad, Edmond Lenthal, Phillip Cage and Charles Mordent Esqrs, as appears by the Bonds restored unto mee back from John Corbet Esqr, 24th of May 1656, by vertue of your Highness and your Counsels Order of 21 of March 1655. And I have put these Bonds in suit, according to the power given unto me by your Highness, and your most honorable Counsel: For which Justice I most humbly am bound to give to Colonel Syddenham, my Lord Strickland, and Col. Jones most humble thanks; humbly trusting in God, that they will bee honorably pleased to move your Highness, and the Councel to take that order, the rest of my Estate under Sequestration shall bee justly restored: Or, that I shall have the summ to bee made up Eleven thousand pounds paid mee, according to the faithfull promise of the Councel of State 1652, for staying, [Page 68] and intituling the State to the aforesaid Three hundred thousand pounds in silver, which the Commonwealth, (onely by my means,) had every penny of it.
5. I had the Leas of ten severall Houses, at the Posterne in Little Moor-fields; and the Tennants owed mee, when I was committed to the Tower, in arrears for rent above one hundred pounds: And for these Thirteen years, I received no Rent of them. But one Mr Elconhead hath received the Rents of them ever since.
6. I had the Office of sealing and surveying of all gold and silver Thread and Wyer: which prevented the making of all sleight and adulterate gold and silver Thread, and Wyer, granted to mee under the Great Seal, for three Lives, from the late King; which Office cost mee Fifteen hundred Pounds (to the Lord Treasurer Juxon, L. Cottington, Sr John Cook Secretary of State, and Sr. John Bankes the late Kings Attourney. The necessity of keeping up that Office, to prevent the dayly Cosennages and frauds of divers Silkmen, Wyerdrawers and Refiners in their making Cours, sleight and deceitfull Gold and Silver Wyer and Toread: I shall at the later end of this book shew at large; having about three hundred Assayes of adulterate and cours gold and silver Wyer, Thread, Spangles, Oes, &c all made and sold contrary to the Lawes and Statutes. These Assayes are in my custody, under the Hand and Attestation of Mr Alexander Jackson Assay-master of Goldsmiths Hall; and the several Silkmens names and shops, and dayes of the Moneth in which they sold this cours, adulterate gold and silver Thread and Lace, Spangles, Wyer, &c. to the great deceipt of the Nation in generall.
And, upon the Discovery of these notorious Cheats, the late King and his Counsel appointed mee Surveyor and Sealer of the said Manufacture.) I caused all the abuses to bee laid aside: I Indicted som offenders, imprisoned som, caused others to stand in the Pillory, and made many of them that wrought adulterate cours silver run away out of London: By which means I angred many cheating Wyerdrawers, Silkmen and Refiners: and the late Kings Councel and Commissioners setled such Rules and Orders, during that Regulation, [Page 69] the Manufacture was all made of good silver, and the Coin and Bullion of this Nation preserved; and your Supplicant was bound, to the late King, to warrant all the Manufactures either of gold or silver, Wyer or Thread which hee sealed, or surveyed in the Office, to bee good silver, and to make it good to any party grieved in the Nation; as appears by my Patent under the Great Seal of England. For which Assurance, Surveying and Sealing, I was allowed to demand and take an half penny for every once Troy, in Wyer, Spangles, Oes, ctc. I suveyed; and 4 pence for every pound weight Vennice, for all the Gold and Silver I sealed with the Seal of my Office, being the Rose and Crown.
7. I had a Grant from the late King, under his Signet, to bee Master-worker of the Mint in the Tower of London for my life, with the Fee of five hundred pound a year, for executing that place; which Grant was taken from my Mother, out of her Custody, when I was sent to the Tower.
8. I had one quarter part of the Lady Willers Farm at the Custom-hous, for the Importation of all gold and silver Thread, Hatbands, Lace, and Copper thread throughout England and Wales; which costmee, a little before I was sequestred, above seven hundred pounds. And if the making gold and silver thread was put down in England, the Custom of gold and silver thread imported would make a far greater Revenew then now it doth by the Excise; and the manifacture, if it bee made here, ought to bee kept to a strict Regulation.
9. I spent in my Imprisonment in the Tower for almost four years above seven hundred pounds; and could never get to be heard, though I petitioned to the Parlament, as aforesaid, many years, to come to a Triall, knowing my self to bee innocent both by God's Law and the Laws of the Land; and above all, by the testimony of a good Conscience, which hath ever supported mee in and thorow all these troubles. All this Estate was and is Sequestred, [Page 70] (but my three aforesaid bonds) to this day; besides my Dammage for my four years Imprisonment.
10. Since I came out of the Tower, by order of the Counsel of State 1652. and since I laid out (in the Prosecution of the silver Ships, Sampson Salvador, and George) above the summ of five hundred pounds, as appears by the Oaths of severall persons which I emploied in this Discovery, (as you may see in this book, Fol. 50, 51, 52, 53, 54, 55.) I borrowed every penny of this money, paying Interest for it at this day.) And by my Protest against the Discharge of these silver Ships, Sampson, Salvador and George, and my Discoveries thereupon, by many good and legal Witnesses, Passengers and others in these Ships: I caused all the Silver to become the States: All which services I did (upon the faitfull promise of the Counsel of State (in December 1652) to restore mee to all my Estate, or the full value of Eleven thousand pounds) being Required to do this Service by severall Warrants from the Counsel of State, and at the Entreaty of Doctor Walker, as appears in this Book, And no other man in England besides my self did ever (at one time) save the State three Hundred thousand Pounds: which (if it had not been for mee) the State had been coze [...]ed of every penny of it, as appears by this and my former Narrative.
Here followeth the Copie of the late Kings Letter to the City of LONDON.
TRustie and Well beloved, wee greet you well: When wee remember the many Acts of Grace and Favor Wee and Our Royal Predecessors have conferred upon that our Citie of London, and the many examples of eminent Duty and Loyaltie, for which that City hath been likewise famous; Wee are willing to beleev (notwithstanding the great defection wee have found in that place) That all men are not so farr degenerate from their affection to Us, and to the peace of the Kingdom, as to desire a continuance of the miseries they now feel: And therefore being informed, That there is a desire in some principal persons of that City to present a Petition to Us, which may tend to the procuring a good understanding between Us and that Our City, whereby the peace of the whole Kingdom may bee procured; Wee have thought fit to let you know, That wee are ready to receiv any such Petition, and the Persons who shall bee appointed to present the same to Us shall have a safe conduct: And you shall assure all our good Subjects of that Our City (whose hearts are touched with any sense of Duty to Us, or of Love to the Religion and Laws established; in the quiet and peaceable fruition whereof, They and their Ancestors have enjoyed so great Happiness), That wee have neither passed any Act, nor made any profession or Protestation for the maintenance and defence of the true Protestant Religion, and the Liberties of the Subject, which wee will not most strictly and religiously observ; And for the which, [...] will not bee alwaies ready to give them any security that can bee desired: [Page 72] And of these Our gracious Letters, Wee expect a speedy Answer from you. And so Wee bid you farewell.
Given at Our Court at Oxford in the nineteenth year of Our Reign, December 26. 1643.
By his Majesties Command.
[I do most humbly desire the Common Council of the Citie of London, to certifie your Highness, if ever (amongst all their Records, since the foundation of their City) they finde such a sad President as mine is; And whether that any Messenger from any former King of England suffered the loss of his Estate (to his damage above eleven thousand pounds) for bringing them or any their Ancestors the like Letter as I did from the late KING. And at that time (viz. in December 1643.) there was sent and came from Oxford the Writs weekly under the Great Seal of England without any Countermand: My hard usage After-ages will hardly beleev, had I not Printed it to Posterity.]
I Sufferd Imprisonment in the Tower almost four years, for bringing up the aforesaid Letter from Oxford to the Lord Mayor and Common Council of the City of London in December 1643 although I had an Order from the Hous of Commons (as appears by their Journal Book) and a Pass from the Lord General Essex to go to Oxford; which were both procured for mee by Mr Theophilus Ryley, Scout-master General of the City of London, who was authorized to execute that place by the then Parlament and Common Council of London; and I was authorized by the said Mr [Page 73] Ryley to do the same (Mr Ryley being impowered by the then Parlament and Common Council of London to hold Intelligence in any the Kings Quarters, as by his Orders hee shewed me:) Mr Ryley was a man of a known & approved Integritie, and in great esteem with the then Parlament and Citie of London at that time, and would not have acted any thing but what was just and for the Parlaments service, according to his Trust. (If hee had thought it otherwise, and hee might have gotten a hundred thousand pounds, upon my Conscience) and that made mee to act this Business, to bring up the Kings Letter upon his Intreaty (as hee confessed upon his Examination;) and I justified my doing thereof by his Order, hee being a publick minister, and impowered to do it, as hee told mee. And also the Committee of both Nations was made acquainted with my going to Oxford, for the bringing up the said Letter which I brought from the late King (by Sir David Watkins Knight, I desired him to make them acquainted therewith, before ever I went to Oxford, and to have their approbation;) which Sir David Watkins (after hee had spoken with them) told mee, I had their approbation to go to Oxford: And all this was done before any Law or Ordinance was made or declared to forbid mee or any other to do the same (that ever I heard of:) And I humbly say, That before a law made, there is no transgression, neither by Gods law nor Mans law. And I was not to question Mr Ryleys power, abilities and trust, considering hee acted as a publick minister, but to act according to his direction, so long as hee was in the said Office of Scout-master, I having his Warrant and approbation for doing what I did. I have never read nor heard of so heavy a punishment as your Supplicant doth suffer under, before a Law made to give a man warning.
And by the Statutes of 9. Hen. 3. cap. 29. 5. Edw. 3. cap. 9. and 28. Edw. 3. cap. 3. No person (of what estate o [...] condition soever hee bee) shall bee put out of Land or [Page 74] Tenement, nor taken, nor imprisoned, nor dis-inherited, without being brought to answer by due process of the Law; which I have petitioned for, by a legal trial many years, but could never obtain the same.
May it pleas your Highness, Had there been a Proclamation or Act of Parlament at that time to have probibited mee, I should have then been afraid; besides, Mr Ryley should never have made mee act against a declared Law.
Now, forasmuch as your Supplicant having ever since his Inlargment out of the Tower, made it his daily practice to study to serv the Common-wealth, and doing such remarkable Services (as aforesaid) for the Common-wealth, I do most humbly implore your Highness ▪s most gracious Order for the refloring mee to my aforesaid estate with damages, or the paying your Supplicant the summ of eleven thousand pounds.
May it pleas your Highness, If I would have betraied my Trust to the Common-wealth, about this Silver that was in the Ships Sampson, Salvador, and George, I could have had every penny of eleven thousand pounds paid me by the Claimers of the Silver in those Ships; either in monie here, or Bills of Exchange beyond Seas: that monie would have made mee live plentifully in any part of Christendom. I do most humbly implore your Highness, that I may have such Justice by your Highness goodness and benignity, as I may have cause never to repent of my being faithfull to your Highness and the Commonwealths Interest in this particular, concerning the Silver Ships, their Silver and Lading.
May it please your Highness,
THe exact looking back into the Accompts of this Nation, which, upon my bended knees, I here humbly have desired a strict inspection into, by approbation and authority of Parlament, and strict Laws to bee made, without favour or affection (the prosecution of this great business to bee left to uninteressed men to doe Justice.) When this is done, it will bring the State in many millions of money; and leav a stock of Lands for the Publick: Which if it bee effectually, justly and strictly done, will make all after ages call this Parlament the BLESSED PARLAMENT, the true nursing fathers and builders up of the breaches and ruines of this Nation. It is incredible, the great summs of money that belongs unto the State, which particular persons have fraudulently concealed, and upon a strict search will bee discovered.
Great Sir,
THere hath been some of Your Higness's Commissioners for Customes, (out of a pretended zeal to do Your Highness and the Commonwealth service) offered themselves to execute those places, without any fee upon th [...] first undertaking; and (upon that specious pretence) turn [...] almost all the old Officers of the Commonwealth for collecting of Customes and Custome business out of their places, to the totall ruine of many scores of Families thorow out the Nation (onely to make way for their one friends and relations to come into beneficiall places (which could not bee duely executed but by persons of skill and trust) to make up many of their broken kindreds and friends decayed fortunes.
This mischief was practised uppon the old Officers of the Customes; And by the ignorance and insolency of many of these new [Page 76] Commissioners and Officers the Revenues of the Customs have been much abated, and the Commonwealth Damnified. But upon examination of some of these pretended godly Commissioners, viz. Colonel Harvey, and Mr Alderman Avery the Father, (now a prisoner in the Fl [...]et) and his son Dudley Avery (now a prisoner in Lambeth-hous) detected and proved, before your Highness's Counsel, to have cozened the State of several thousand pounds: The Father being intrusted as Treasurer, by the Commissioners of the Customs. Many of their dark actions have been brought to light; some of them (for their bad practises and insolencies to Marchants) being generally cursed and hated in the City of London, and in all the Sea Ports' of this Nation.
May it pleas your Highnes, it caused a general joy amongst all good Marchants and honest men in London, when these men were questioned. And when they were made to restore great summs which thy had fraudulently deceived the State of: It pleased all good men.
The same just cours to bee strictly now taken with all the Treasurers, Sequestrators and Committee men of the Nation, will make all honest men thank God, and bless your Highness and the Parlament, for the ease the good people in generall shall receiv in their taxes by stripping these [...]ublicans and Sinners: Amongst the many swarms of [...]em your Highness will hardly finde one relenting, repenting Zaccheus. And for those Treasurers that have laid out the Commonwealths moneys in Lands, their Lands will and is by the Law of this Nation lyable till they have perfected their Accompts, and come out of the Commonwealths debt: And the like for any Accomptant that is dead, their Heirs and Executors by the Law are lyable to pay the same, if an Estate can bee found in their hands.
May it pleas your Highness, the business of calling the Treasurers of the Nation to a strict Accompt (as hee humbly conceiveth) can and will offend none but the guilty; [Page 77] and they will storm to see these humble Proposals, or that any should presume to bee so much a true English-man and lover of his Countrey, as to petition for an accompt of these Treasurers actions, either to your Highness or the Parlament; For th [...]se that have been just in their Trust, this humble Petition will make no impression on them:
It will only concern, vex and griev the Guilty, and such as have cozened your Highness and the Common-wealth; All such as cannot endure this Examination, trial and rubbing, if they winch, they are galled horses and faulty.
But for such as are just persons in their Trust, in their publick Accompts and Payments, that have none of the Common-wealths Blood and Sinews (Money) converted to their private ends; nor have made themselvs and their families rich by fraud in these troublesom Times and common Calamities; there are many such just men (no doubt) in all these Offices; for these Gentlemen (no doubt) it will pleas them: This search and inquisition (the strickter it is) will pleas good men most, for it will purge the dross from the gold; it will clear honest mens credits; it will separate the sheep from the goats; it will vindicate them and their posteritie, that when so many of their Callings and Mysteries (when Inquisition was made) were found guilty of fraud and cheating the State and Common-wealth, they discharged their Trust with a good conscience faithfully and truly.
And I hope all this number of Committe-men will bee on my side, for to have a strict Inspection into their Accompts, according, to former Presidents of Parlament, and by the Laws of the Land hath been formerly done.
May it pleas your Highness; An Act to bee revived, and to appoint the Sages and Pillars of the Land to see Justice and execution impartially done, imploying able and discreet persons by your Highness's Commissions in every Parish and Countie of this Nation, to enquire (upon oath) into all Frauds and misdemeanors; and what Persons and Estates and their value, have been sequestred, (what Goods and Chattels, Woods felled, money and all other [Page 78] things of value) since the year 1642. and into whose hands and possession the Profits came; and into the monthlie Assesments and the value of every Book of Rates, and what Commissioners signed the Books; the Accompt of the Countie particularly set down, who were Treasureres, an [...] to give them a full charge to inspect into all the Officers of Excize and Customs, Commissioners for Prize Goods, all Treasurers and other Officers both in London and all other Cities, Burroughs, Towns and Ports in the Countrey, that have fingered the publick money, This stricktly and impartially to bee done (upon the oaths of able and discreet persons) in every Parish in England, will lay the axe to the root of the Tree, and grubb up by the roots unjust Committee-men and Treasurers, and all such as have defrauded your Highness and the Common-wealth: And this will bring your Highness in millions of money and ease the publick Taxes.
May it pleas your Highness; From such as are true honest English-men and love their Countrey I look for no opposition in setting this Business on foot for calling the Accomptants and Treasurers of the Nation to Accompt; but it is the guiltie partie that will bee sure to sting mee (and they are both potent and numerous) with the venom of their tongues, which is as bad as the poison of Asps; for this Business doth touch them to the quick, and they and their Creatures will leav no stone unturned to do mee a mischief.
Therefore upon my knees I most humbly begg your Highness's and the Parlaments gracious and favorable Countenance and Protection of these my true and loyal Endeavours for the Service of your Highness and this Parlament; Which gracious Protection and Favour shall forever oblige your most humble and loial Subject to pray daily for all Gods choicest Blessings on your HIGHNESS's Person, and on your Princely Illustrious and Glorious FAMILY; That all Plots and wicked Designes against your [Page 79] HIGHNESS may bee blasted and com to naught; That your HIGHNESS may bee victorious against all your Enemies both by Sea and Land; That your HIGHNESS may Protect these Nations in Honour and Glory many years: And at the end of your Government and prosperous. Rule here on Earth, your HIGHNESS may bee taken into the Protection of him that made the Heavens, and there to Reign with his Son for ever in eternal Glory; So praies
To His Highness OLIVER LORD PROTECTOR OF England, Scotland & Ireland, and the Dominions thereunto belonging.
WHen I heard (in November 1655.) your most Honorable Counsel was upon setling a way for the taking up of the Accompts in general of this Nation; and they had recommended it to your Highness for your Highness's confirmation (thereupon divers Auditor [...] [...]d worthy [Page 2] Gentlemen were nominated to inspect and take the Accompts of some particular persons, viz. of the Commissioners of the Customs, and others) I humbly thought it my duty, living under your Highness's Protection, not to neglect any opportunitie wherein I might shew my self serviceable unto your Highness and the Common-wealth: And having formerly (in August 1653.) humbly presented my humble Proposals to the Parlament, for calling the Accomptants of the Nation in general unto a just and due Accompt (but as the sequele proved, it was not Gods time for the then doing of it): Also I did again renew this my humble Petition to your Highness on November 8 1655. (In which my most humble request, I was and am farr from charging all Treasurers, Committee men, Sequestrators, Excize-men, Commissioners of the Customs, &c. to bee all fals and unjust Stewards; I humbly say, I was and am far from that: for, I beleev, there is som good Corn amongst this great heap of chaff & tares.) My humble suit to your Highness was and is, That this heap of Chaff and Corn (the Treasurers and Sequestrators) may bee winnowed and sifted; the Chaff and Tares from the good Corn, and that a strict Inspection bee made into all their Accompts, both for Pajements and Receipts (according to the strict Rules of former times, and according to many Presidents and Acts of Parlament in several Ages) by knowing just and unbyassed men, such as will make it their whole Business to inspect into the Frauds, and present your Highness with the Truth (without respect of persons) and how they finde each mans Actions; That so your Highness (in imitation of the great Judg of Heaven and Earth, whose Deputy you are here over us) may render to every one according to his works. To such Gentlemen that shall bee approved just and faithfull in their Accompts of this Nation, your Highness would bee graciously pleased to set a mark of Respect and Trust upon them, for that they have been found Just in their Generation, and not tempted (as Acan was) with the Babylonish Garment, [...] [...]ilver, nor the Wedg of Gold. And for the [Page 3] faulty Treasurers and Sequestrators, and all such as shall bee proved to have cozened the Common-wealth, in deteining or defrauding the Common-wealth of their Monies, Goods, Lands, Merchandise, &c. or by imbezling any thing of value from your Highness and the Common-wealth, They may bee served as the Unjust Steward was in the 16th of Lukes Gospel and ver. 2. Give an Accompt of thy Stewardship, for thou mayest bee no longer Steward: And to have a mark put on them, never to bear any Office of Trust in the Common-wealth more; And that according to the Statute of 6. Hen. 4. cap. 3. Commissions may issue forth, directed to discreet and able persons, to inquire and certifie the Profits the said Accomptants have received within each Countie of this Nation; and what shall bee found to bee by them concealed and not accompted for, the said Accomptants may bee attainted of the said Frauds and Deceipts by a Jurie of Inquirie, and bee made to pay the penaltie, being treble the dammage.
This excellent Law (for the strict and just taking up all the Accompts of Sequestrators, Treasurers, Collectors of monethly Taxes, Committee-men, Excize-men, Commissioners of Customs, &c.) to bee put in execution, will bring your Highness and the Common-wealth in millions of money, and ease the good People in general of the Nation of their Taxes, if they pay but the Principal and Interest for what will bee found, upon a strict and just Inquirie, in your Treasurers and Accomptants hands.
A Copie of the Papers I delivered unto Your HIGHNES'S Nov. 8. 1655. (viz.) Proposals, humbly conceived for your HIGHNESS's Service.
THat there bee speedy order taken, that the Commissioners for your Highness's Prize-goods, and all others that have had private Letters of mart or Letters of Reprizal, Commissioners for Excise and Customs, Treasurers of Gold-smiths Hall, Drury, Worcester, and Gurney houses, may have no discharge from your Highness, till they have and shall deliver in their Accompts, and till that som especial Commissioners be appointed and fully impowered by your Highness to examine, hear and determine the said Accompts; And the Commissioners or anie three of them impowered to examine upon oath all such person & persons, as they shall have information, that can and will discover the several practises and frauds that all or anie the above said persons have acted concerning your Highness and the publick monie of this Nation, Prize ships, and Prize Merchandize; And that the Commissioners may bee impowred to send for witnesses and all accompts, books, papers, which may any wayes conduce to prove the said frauds and misdemeanors, according to a pattern of an Act [Page 5] of Parlament in the 10th year of Richard the second and 6. Henry 4. Chap. 3. And that your Highness would bee pleased to keep a carefull eye on this business, and to command of your Commissioners for this great business, an exact and true accompt (without all favor) or affection of all the several frauds and misdemeanors against your Highness and the Common wealth, which they shall finde proved unto them, and all the severall names of the offenders, and their particular frauds and offences, which shall or may bee proved to your Highness Commissioners concerning all the premisses.
May it pleas your Highness, for the Commissioners of the Customes, I humbly say, if they knew of Colonel Harvies deceitfull and fraudulent practises, and did not discover them, then they are parties in the same Condemnation with him. And if the Commissioners say they did not know it, nor could apprehend the same; then, I must humbly say, they are ignorant, and not fit for their trust and places. For they ought all of them to have an equal inspection every week, what summs of money came in for your Highness accompt, and what is issued out. And I must humbly say, they receiv their pention for that end, and not to stand as Cyphers in their Office. If your Highness give a Command for a strict and Exact prosecution of this business; It will bring you in a fe [...] moneths manie hundred thousand pounds.
May it pleas your Highness, I have formerly presented, these humble proposals to the Parlamen [...], but there was nothing don for the discovery of these offences. The reason why they did not proceed, will on examination bee clearly discovered. I shall inlarge these humble proposals for your Highness service, if I receiv your further direction and commands to proceed therein, humbly submitting them and my self at your Highness feet.
[Amongst the names of many Worthy Persons, I most humbly presented unto your Highness that (to my particular knowledg, if they were impowered) could make great Discoveries unto your Highness of the Frauds of the Accomptants of the Nation, concerning the publick Treasure. Your Highness took especial and particular notice of one, namely, Gabriel Beck Esquire, and your Highness commanded mee to finde him out, and that you would signifie your pleasure to him what you would have done in this Business; which I did accordingly]
March 23. 1655.
MAy it pleas your Highness, I am credibly informed that one Maj. Will. Jervis, for the good of the Common-wealth, and for your Highness service, hath presented several frauds and misdemeanors, practised by several Commissioners at Drury-hous and other places, upon the sale of Delinquents estates, Deans and Chapters Lands, the Kings, Queenes, and Princes Revenues, forging of Debenters, and several other practises, to the great loss and prejudice of your Highness and this nation. And that by your Highness appointment, there are several persons of qualitie and integritie, appointed for the hearing and finall determination of all matters concernning the aforesaid frauds, presented by Major William Jervis.
I most humbly desire for your Highness service, that the Commmissioners appointed by your Highness, may have under their care and charge the humble Proposals I have formerly presented to your Highness on the 8th of November 1655. and that your Highness would bee graciouslie pleased to appoint mee Thomas Violet, the Remembrancer to your Highness's Commissioners, for the discovery and prosecution of the offenders, with such allowance for [Page 7] my paines, as your Highness shall think fit: And that your Highness would bee pleased to read an Act of Parlament made in the tenth year of King Richard the Second; of which I most humbly present you with a true Copie, for the discovering of all abuses, and frauds of this Nature (as I most humbly have petitioned to have redressed) for your Highness's profit and honor, and good of the Nation.
If your Highness bee pleased to read the Act, it is made for the redress and punishment of all the deceipts and fraudes of these present times. The wisdom of that Parlament found this a Cordiall, to enrich the King, and ease the people in generall of great outrages and oppressions, and insupportable charges (the very words of the Statute); and the Parlament was so carefull to have all persons brought to punishment, that had defrauded the King and Realm, that they made it a premunire and loss of any mans Estate and imprisonment (of what degree soever) that perswaded or gave Counsell unto the King to have the said Law defeated; and for the second offence, to move the King to do contrary to this Act, hee shall lose his life and member, as appears by the said Act. &c.
Here followeth at large the Statute of Richard the Second.
This is the STATUTE Made at Westminster in the tenth year of K. Richard the Second. Viz.
KNOW yee, that (at the Reverence of GOD, and for to nourish peace, unity, and good accord, in all parties, within the Realm of England; and especially, for the comon profit and eas of our people, and good governance of the same of our Realm of England, which wee soveraignly desire) Of the assent of the Lords and Comons assembled in Parlament holden at Westmi [...]ster the first day of October last past, wee hav don to bee made a Statute, aswell to the amendment of the said Governance as for the comon profit of the said Realm, in the form following:
WHEREAS our soveraign Lord the King perceiveth by the greivous complaints of the Lords and Comons, of this Realm, in the present Parlament assembled, that the profits, rents and revenues of this Realm, by singular & insufficient counsel, & evil governance, aswel of some his late great officers, as of divers other persons, being about his person, be so much withdrawn, wasted, eloyned, given, granted, aliened, destroied, and evill dispended, that hee is so much impoverished, and void of Treasure and goods and the substance of the Crown somuch diminished and destroied, that his estate, and the estate of his hous, may not [Page 9] honorably bee sustained, as pertaineth, nor the wars, which daily aboundeth, and inviron his Realm, maintained, nor governed, without grate and outragious oppressions, and insupportable charges of his said people, And also that the good laws Statutes and Customes of his said Realm, (which he is bounden to hold and observ) bee not, nor have not been, duly holden nor executed, nor full justice nor right don to his said people, wherby many disherisons, and divers great mischeifes, and damages bee hapned, aswell to the King, as to his said people, and to all his Realm; wherof hee to the honor of God, and for the weale of him and his Realm, And for the quietness and Releif of him and of his people, who have ben in divers manners greatly charged, before this time, willing, with the grace of God; against such mischeifes, to provide a good and due remedy. HATH, of his free will, and at the request of the Lords and Comons aforesaid, ordayned, made, and assigned, his great Officers, that is to say, The Chancellor, Treasurer, and keeper of his Privie Seale, such as hee holdeth good sufficient and lawfull, for the honor, and profit of him and his Realm, And moreover, of his authoritie royall, certain knowledg, and good agree, and freewill, And by the advice; and assent, of the Prelats, Lords and Comons aforesaid, in the full Parlament, in ayd of good governance of his Realm, And good and due execution of his said Lawes, And in releif of the Estate of him and his people in time to com, uppon the full trust that he hath of good advisement, witt and discretion, of the Honorable Fathers in GOD, [Page 10] William Arch Bishop of Canterbury, and Alexander Arch Bishop of York, his dear Uncles [...]dmond duke of York, and Thomas duke of Glocester, the honorble Fathers in GOD, William Bishop of Winchester, Thomas Bushop of Exeter, and Nicolas Abbott of waltham, and his wellbeloved and Faithfull Richard Earl of Arundell, John Lord of Cobham, Sir Richard le Scrope & John Devoreux, hath ordained, and assigned, and deputed them, by his Letters, Patents, under his great Seal, to be of his greate and continuall Counsel, from S. Edmonds Eve the Martyr, by a whole year, next following, after the date of the said Letters Patens, to survey and examine, with the said great officers, That is to say, the Chancellor, & Treasurer, and keeper of his privie Seal, aswell the Estate and governance of his house, and of all his Courts, and places, as of all his Realm, as of all his officers, and Ministers, of whatsoever Estate, Degree, or condition hee bee, aswell within the said Hous, as without, and to enquire, and take Information, by all the wayes which to them best shal seeme of al the rents, revennues, and profits, that to him appertaneth, and be due, aswell within the Realm, as without, in any manner way or condition. And of all manner of Gifts, and Grants, alienations and confirmations, made by him, of Lands Tenements, Rents, and ymmunities, profits; Revenues, wards, marriges, Escheats, forfeitures, franchises, liberties, voydances of Archbushops Bushiprickes, Abbies, Priores, Fermes, of Howses, and Possessions, of Aliens, And of all other possessions soms, of money, goods and Chattels, and of all other things, and to what persons, and for what caus, and how, and in what manner, [Page 11] And namely of those persons which have taken without desert, And also all manner of Revenues, and profits, aswell of his said Realm, as of Lands, Seigniories, Cities, Towns, Castles, Fortresses, and also of all manner his other posesons, aswell on this side the Sea, as beyond, and of the profits, and emoluments, of his money, bullions, and of the taking of Prisoners, Towns; and Places, Ships, Carackes, good, and Ransoms, of warre, by land and by sea, And of benifices and other possessions of Cardinals; Rebels; and all other aliens, and also of carrying of money out of the Realm, by the Collectors of the Pope, Procurators, of the Cardinals, Lumberds, & other persons, aswell aliens as Denizens, And of the Emoluments, and profits, coming, and rising, out of the Customs Subsides, of Wools, Leather, And woolfels and of smal Custstomes and other Subssedies of Cloethes, Wynes, and all other Marchandize, And of disines, quinzins, And all other subsides and charges, granted by the Clergie, and the Comons, and also of the receipt, profits and payments of the hamper of his Chancery, And of all other his receipts from the time of his Coronatiion, tell And of fees, Wages, and rewards of officers, and Ministers, more, and less, Also of immunities, and other Rewards, And also guifts and grants made to any person by him, and by his Father, and his grand father, in fee, or for terme of life, or in any other manner And if gre or payment bee to them thereof made, and by whom, and how And in what manner. And also how much they have released [Page 12] or given, to officers or others to have their payments to what persons how, and in what maner, And of Lands Tenements, Rents, Revenues, and forfeitures, barganed and sold, to the prejudice and damage, of him, and of his Crown, and by whom, and to whom, how, and in what manner, And of the Sale or bargain of Tallies and Patens of singular profits, aswell in the tyme of his said grand-Father, as in his own time, and how, and by what persons, And also of all his jewells and goods which were his said Grandfathers, at the time of his death, and what, and of what price or value, and where they bee becom, and how, and in what manner, And of all Cheviences any wise made to his use, by any maner of persons, And of all loss and damage hee hath had, & fustained, by the same, And by what persons, how and in what manner; and of charters of pardons generall and espcciall, and also of the somes and payments and maner of expence, aswell of his said hous, as for the salvation and defence of his Realms, Lands and seignioryes, Towns, Castles, and fortresses, and other Places, on this side the Sea, and beyond, don and received, by any persons, aswell Soldiers as others, and by any manner of way, and how and in what manner, and how much they have given to have their payments; and of the concealments of rights, and profits, and by whom, how, and in what maner, and of maintainers, and takers of quarels, embracers of enquests, and of officers, and ministers, made by brockage, and of their broggers, and of them that have taken the said brocage, and how and in what [Page 13] maner; and also of all the defaults and offences that bee don aswell in his said hous, as other places, and courts, aforesaid, as in all other places, within his realm of England, by any manner of persons, whereby the profit of him and of his crown hath been impaired, and diminished or the common law disturbed, delayed or other damage to him hapned, giveing & comitting by the same of his royall authoritie and by the advice and assent aforsaid, to the said counsellors, or any six of them, and to the great officers, full power & authority generall & especiall, to enter his said hous, & all the offices of the same, and all his other Courts & places, as often as them pleas, & to caus to com before them, where & when them pleaseth. The Rols records. and other minuments & evidences, such as them liketh, and all the defaults, waste and excesses found in his said hous, and also all the defaults, and misprisions found in the other courts, places, officers and ministers, aforesaid and in all the other Articles, and points, above named and every one of them, And also all other defaults misprisions, excesses, falcities, deceipts, extorsions, oppressions, damages greviances, don in prejudice damage and distresse, of him and of his crown, and the Estate of his realm, in generall or speciall, above not specified nor expressed, to amend correct, repair, redress, reform, and put in due and good estate and establishment.
And also to hear and receiv, all manner of complaints, and quarrels, of all his leiges which will sue and complain them aswell for our soveraigne Lord the King, as for themselvs [Page 14] before the said Counsellors & officers of all maner of duresses, oppressions, injuries, wrongs & misprisions, which may not be well amended nor determined, by the cours, of the common law of the land, before used: and thereof to make good and due remedy, and recovery aswell for our said soveraign Lord the King, as for his said Leige people and all the things, aforesaid and every of them, fully to discusse and finally to determine, and thereof to make full execution, according as to them best shall seem, for the honor and profit of our said soveraigne Lord the King and of his estate, and reintegration of the rights and profits of his said crown, and better governance of the peace and laws of his Land; and relief of his said people. Willing also that if diversitie and variance of opinion rise or happen between the said counsellors, and officers, that the Indgement or opinion, of the greater partie have force and hold place, as in the said letters patents is fully contained.
Whereuppon our said soveraign Lord the King, willing that the corrections and redresses of the defaults, and misprisions aforesaid may bee for the profit of him, and his said Realm, in the form aforesaid, put in due execution, without being broken or disturbed, by any of the assent of the Lords and Comons, of his said Realm, in this present parlament hath ordayned and established: that every one of his said Leiges, greater or less, of whatsoever estate, or Condition that he be shall bee atendant and obedient; in how much that toucheth the Articles aforesaid, and every dependancie thereon, to the said counsellors [Page 15] and officers, in the form aforesaid. And that every person, that shall bee judged before them: and convicte of any the defaults, or misprissions aforesaid, shall take and receiv without debate, making such correction as shall bee judged to them by the said counsellors and officers, in the form aforesaid: And that no person of what estate or condition, that hee bee grater or less shall give to the King, privily or apertly, counsell, exhortation or motion, whereby the King should repeal their power withing the time aforesaid, in any point nor doe any thing contrary of his said grant, or, of any the said articles. And if any person of what estate, or condition, that hee be, doe against the Ordinance and Establishment aforesaid, or procure or doe any thing in any manner whereby the said Counsellors bee disturbed, in any point: upon the exercise of the said power, Or which exciteth or procureth our said soveraign Lord the King to do or comand, anie maner of thing whereby the power of the said Counsellors and Officers, or the execution of their said Iudgments & awards to bee made in the same, bee in any point aforesaid defeated, and that duly proved by good and true witnesses, which be notoriously holden, of good fame and condition, not suspected convenably, examined before the King, and the counsellors and officers aforesaid, any of the Iustices of the one Bench or other: taken to them or other discreet and Learned in the Law, such as pleas the said Councellors and officers: shall have such pennance, that is to say, at the first tyme hee shall bee so convicted, hee shall forfeit all his [Page 16] goods and chattles to the king, and nevertheless, hee shall bee imprisoned at the king's; will: and if any person bee duly attainted in the form aforesaid of councel, excitation or motion given to the King, or of doing the contrary of his said grant as aforesaid, albeit the king, do nothing by such councell, excitation or motion, yet he shall have such pennance as afore; And if it happen (which god defend,) that hee so bear him afterward, that he bee another time attainted (as afore) of any the said defaults, or misprisions, then the same person so convicted or attainted, shall have at the s [...]cond time the penance of life and of member, saveing alwaies the dignity pontiffical and priviledges of holy Church & Clerical in all the things aforesaid.
And that this Satute hold force & effect, during the said Comission only, and therefore wee Command thee that thou do the said Statute openly to bee cryed and published in Citties Burroughs, Towns and fairs, markets, & other notable places, within the Baily-wick, within franchises, and with out according, to the tenor and form of the same,
Dated &c.
The Statute of 6 Hen. 4. Chap. 3. Made against the frauds of escheators, alnagers customers, and other acountants that defraude the King, ordains, comissions to bee directed to the most lawfull and discreet persons in every County to enquire into all frauds of accountants, who have deceitfully concealed the Kings dues: & in case they shall bee attainted, they shall forfeit treble damages, and their bodies to prison &c.
May it please your Highness,
PEradventure some (upon the sight of this Act) may alledg, this Statute was made in the Reign of a weak and unfortunate Prince, to restrain the disorders of his Hous, and to bring to Justice evil Counsellers; and will say, God bee thanked, wee have a wise and victorious Protector, and a provident and frugal Counsel, and provident Officers and Ministers under them: I grant this a truth, and I thank God for it. But this I humbly say, Amongst the exactest model that ever was upon earth (which was Christ and his Disciples) there was a Judas amongst the twelv. May it pleas your Highness, (upon examination of some of the Transactions of the long Parlament, concerning money matters, some particular members with some of their Committees, and many of their Agents, and many great persons imploied in the Common-wealth, at this very day) there will appear to your Highness above one Judas in twelv, taking in all that were members of Parlament, with their Committees and Agents, some of them being in great places of Trust at this day; Many of them being provident Theevs, getting from the bottom of baseness and beggerie, by fraud, dissimulation and cozenage, in every Countie, Citie and Corner of the Nation, vast and great possessions, both in money, lands and goods. Many of these men being near of kin and condition to the Unjust Steward in the Gospel, who (when his Lord called him to accompt, becaus hee could not dig nor delve) joins with his Lords Debtors to cozen his Lord and Master; and this is the true stare of this Business. Upon the peril of my life, this your Highness will finde to bee the true condition (upon examination) of many members in the long Parlament, many Committee-men, many Farmors of the Customs, many Commissioners for Delinquents Lands, many Purchasers of Lands, many Excize-men, many Commissioners for Prize-Goods, and many other persons of [Page 18] all callings and conditions that have had imploiment for the publick, and have fingred the publick Treasure ever since the year 1640. of every condition great numbers, who (amongst them) have stoln and cozened the Common-wealth of above twenty millions of money.
May it pleas your Highness, I have ever esteemed that man a bad Bailiff or Steward, that desires to keep a confederacie and correspondencie with his Lords Tennants and Debtors, that so they may keep their Landlord and Master in ignorance, never to know the value of his estate, nor when nor how to make his improvement; but when casualties fall, to pocket up the profits themselvs, and defraud their Lord, and keep him alwaies poor, that so they may bee alwaies held usefull and necessary by their Lords and Masters, when indeed they are but jugling Knaves, and are the bain and dishonor of their Lord and Master both in his Estate and Reputation: I most humbly say, that if there bee any against the discovery of these Abuses, your Highness will (upon examination finde them parties or near of affinity to them that have cozened your Highness and the Common-wealth. I humbly upon my knees beg your Highness's pardon for these my plain and loial expressions, which proceed from the heart of one that daily praies to God for your Highness's peace, safetie and prosperitie.
I Requested Mr Kelleway to deliver into your Highess's own hand this Business in a written parchment, and a written sheet of paper annexed thereunto; it conteining a Business (in this conjuncture of time) very necessarie for your Highness's perusal and observation (as your Supplicant humbly conceiveth) praying your Highness to signifie your pleasure to your Supplicant thereupon, by your Servant Mr Kelleway. And your obedient Supplicant and Subject (as in dutie bound) shall daily praie, &c.
AN Act of Parlament now so effectually made, and so effectually prosecuted (as this Act in Richard the Seconds time was) would bring your Highness in many hundred thousands of pounds, if the care of the mannagement of this great Business bee left to men of unbyassed Interests, that will see to the strict examination and punish of the offenders great and small; it will eas the people in general of many of their taxes. A few Laws well executed is better then a multitude of Laws, and the execution neglected. And this Act in King Richard the Seconds time, appoints the Pillars of the Land to see to the due execution and punishing the offenders. And the wisedom of that Parlament would not appoint Commissioners of a meaner degree, least through fear or for reward Justice might bee blinded and over-awed (as many times it is) when ordinary persons have the execution thereof: Great Trust in mean mens hands is subject to miscarriage.
I Have delivered in to your Highness Commissioners for discoveries at Worcester hous in writing the 30th of May 1656, these Discoveries annexed, amounting to about the summ of four hundred thousand pounds, which your Highness and the Commonwealth have been defrauded of, I have humbly desired their direction to mee thereupon: and that I might have a Copie of their Commission; that so I might bee informed, whether these my Discoveries (on the Termes and Conditions I have presented them) bee comprised therein: and whether any incouragement is to the Discoverer for so doing. My most humble Sute to your Highness is, that I may bee impowered to inspect all and every such papers, books, warrants, accompts and orders as may conduce to make my discoveries. And further, to examine upon Oath all such persons who can and will prove the aforesaid Frauds. The whole premises (as I have humbly stated it to the Committee) I present to your Highness, and most humbly beg your Highness to vouchsafe your Highness gracious perusal, it beeing (as your humble Subject conceiveth) verie much for yovr service; and to bee pleased to signifie your gracious pleasure therein. And, as in dutie bound, your Supplicant shall dailie pray, &c.
Here followeth the Copy of the Writing I delivered in to your Highness's Commissioners.
To the honorable the Committee for Discoveries, sitting at Worcester Hous.
I Am certainlie informed by those that are learned in the Lawes; That all Sequestrators, Treasurers, Receivers, and all such who have the States Tenths upon Reprisals in their hands, Committee men and all other persons whatsoever, in whose hands any Monies, Jewels, Plate, Goods or Merchandize or other things of value whatsoever, belonging to the late King, the Parlament, his Highnes the Lord Protector or the Publique; The said persons, their heirs, executors and administrators, and their, and every one of their lands, goods, tenements, &c. into whose hands soever they bee converted and do come, and all other lands, tenements, goods and chattels which any other then had in Trust, or for their Use, or which at any time or ever after they had power to dispose of: Are all liable for the paiment and answering of the said publique Debts and Accompts of the said Treasurers, Receivers, Sequestrators, and such as have the States Tents in their hands concerning all Reprisals of Ships. And their heirs, executors, administrators, Tertennants and all others into whose hands the said goods, lands, monies, Jewels, Merchandise, &c. do by whatsoever means come: Are all accountable for, and must pay and satisfie the same to his Higness.
May it pleas your honors, This being granted a Truth, the old Maxime of my Lord Cook's will now at this [Page 22] day prove true, That whosoever eats the Kings goos, the feathers at one time or other will stick in his throat: And that all persons whomsoever, whether Committee-men, Sequestrators, Treasurers, or any other persons whomsoever, his and their Estates, their Heirs, Executors and Administrators are alwaies chargeable with Debts due to his Highness and the Commonwealth, without his Highness's gracious pardon. And that this is Law, there are many Judgments and Presidents in the Exchequer; which, if there bee occasion to satisfie your Honors, I will caus some learned Gentleman in the Law to produce to you Presidents and Statutes. And I also desire your patience to read my Ensuing Queries thereupon, Viz.
I Humbly present these Queries to you, and desire to receiv your Judgements thereupon; that so I may know whether my Discoveries are within Cognizance of your Commission, when they are Discoveries of this nature as these in my Queries I set down: All which I humbly present unto you, as being very material both for his Highness's service and for myself. As for my part, I intend to make your Judgments thereupon to bee my Rule (either to proceed or desist in these following Discoveries) to avoid unnecessary expence and trouble both to my self and others.
My humble Queries are these following.
1. WHen Comissioners are or have My Copy is not perfectly exact [...]. [...] in so [...]e one or two small particulars it may [...]fer from the Originall which I put up to the Commissioners at Worcester hous. been appointed either by Ordinance of Parlament, or Order of the Councel of State, or under the Great Seal of England, for to take the Care and Charge of the Sale of all Prize Ships, and Merchandize, brought in by any of the men of Warr, of the late Parlament [Page 23] or of his Highness's and the States Shipping; and all and every one of the said Commissioners having allowance of Poundage, or yearly Fees from the State for that Service, for their care and pains in the sale of all or any Merchandize, Gold Silver, Jewels, Plate, Ships and all other goods whatsoever brought in for the Use of the Publique: Which Commissioners have been appointed by Parlament, Counsel of State, or his Highness: And by vertue of that Power, Commissioners have acted, being all of them obliged and tied to make a true and just Accompt upon oath unto his Highness of all summs of money they receiv, and the just and true value of all Merchandize and Goods they have been intrusted with the Sale, without any fraud or mentall reservations, saving onely their just Fees and Sallerie appointed to each of the Commissioners by the Parlament or his Highness. And these Commissioners having failed in their Trust, whether (according to the Statute, 6 Hen. 4. Cap 3.) this bee within the Cognizance of your Commission to punish the Offenders, and to cause them all to make a just and true Accompt, upon oath, and to pay the Commonwealth what they have defrauded the State for what remains in their hands.
2. Whether these Commissioners (when they had their Commissions) have Covenanted jointly or severally with the State to give a just and true Accompt to his Highness and the Parlament. And whether they bee guiltie all of them (that were put into one Commission) if I prove the offence of some of them: Or whether onely such of the Commissioners as are proved guilty, and the other Commissioners (though their power was all of one date, and they acted together) shall not bee accomptable, but every man for himself severally to answer for his own particular actions and no further.
3. That if I shall prove some of the Commissioners for the States Prize Goods, HAVE sorted out Wines, Sugars, Oyles, Wools, Fruit, silks, Linen, Cloth of Gold and [Page 24] Silver, Jewels, Pearl, Civer, Bezer Stones, and any sorts of Commodities in anie Cellars, Ships, Warehouses, or other Places within this Nation, either by themselves, servants, Coopers, Brokers, Porters or anie other skilfull persots in Merchandize; and when this sorting, picking, garbling, is one, to reserve a quantity more or less of this sorted, picked, and garbled Merchandize, for the Commissioners themselves, either one or more of them, viz. If the Commissioners or Sub-commissioners for the State make a sale of thirty thousand Poundes of goods and merchandize, more or less, there having been before Ten thousand Pondes of this merchandize sorted and garbled out for the Commissioners.
As in one Instance, Suppose 300 Tunnes of French Wines are the whole Parcell of Wines the State hath by their Commissioners to Sell, and 200 Tunns of this Wine is exposed to Sale by the States Commissioners, and sold by the Candle (as the usuall way is, publiquely to every man, (And one hundred Tunns of this French Wines, being picked out of the choicest and principall of the whole Parcell, is reserved for a Commissioner or Commissioners for the sale of Prize goods, and these Commissioners shall pretend this small Parcell of 100 Tunns of Wines is not worth the trouble to make a new Sale by the Candle: And thereupon these Commissioners or Sub-commissioners (being intrusted to sell these Wines by the State, having a Fee or Sallary for the same) do, contrary to their Trust, either by themselves in their own name or names, or get friends, and use the names of others to buy the said 100 Tunns of Wines, but so that still the Commissioners have the profit of the said Wines so sold, when in truth this 100 Tunns of Wines, picked and sorted out of 300 Tunns, was realy worth, in the Market, as much as the 200 Tunns sold publiquely by the Candle for 15l, 16l, 20l the Tunn, and sometimes more: And some of the Commiseioners for Prize goods have bought for their own uses the Hundred Tunnes of the choisest and pick'd Wines at the rate of 15l, 16l, 20l the Tunne, and sometimes more, which Wines have been by the said Commissioners sold to the Vintners and others at 30l, 35l, and 40l a Tunn, [Page 25] ready money, when the State hath had but 15l. and [...]0l. allowed and put down on their Accompt. This demonstration serves for all their Wines, Sugars, Tobaccoes, Silks, Linnens, Salt, Civet, Bezerstones, Pearls, Jewels, Wools, Oyles, Fruit and Spice, and all other Commodities brought in any the States Prizes. These merchandises sorted, garbled and pickt from the gross bulk, may bee better in the true value then the gross quantitie of merchandise sold usually by the Candle, sometimes 20l. 30l. 40l. in the hundred; and sometimes (where goods are perishable) half in half, there is so much difference in the sorting. And whether these Commissioners (being intrusted to sell the States Goods at the best rate) could underhand buy these Goods themselvs, after they have been picked and sorted, or go partners with any that did buy, and that much under the true value, as will bee found upon examination by my discovery.
4. Whether these things being duly proved, the Commissioners for Prize-goods and every one of them, are not lyable to make a true accompt to his Highness, and to stand charged with all the surplusage of Monies they have made of all or any the Prize-goods belonging to the State and his Highness, which they have not as yet duely and truely accompted for, and to bee ordered to deliver in upon their several oaths a just and true accompt of all the Merchandise, Jewels, Diamonds, Pearls, Civet, Beazar-stones, &c. that have come into their custody, and what Prize Ships or Goods they sold and had a share in themselvs, & of the true value of all merchandise that hath come to their hands, and whether I may not cause to bee viewed all Books and Papers which I know can evidence the same, and thereupon produce any person or persons to bee examined, to finde out the bottom of the fraud; and whether any person or persons nominated to bee examined as witnesses touching the premisses, shall bee compelled to declare their knowledg (except the partie or parties themselvs;) and whether your Commission doth impower you the Commissioners to give mee a full fifth part of all such summs of money as shall bee paid into the [Page 26] Exchequer, upon any discovery of all or any the aforesaid misdemeanors? I humbly pray your Honors, to take notice that the Commissioners for Prize goods alwaies have had a great fee and allowance setled on every one of them for their pains and trouble; and therefore I conceiv they are obliged to deliver in an exact and just accompt upon oath in writing of all the several ships and merchandise to his Highness.
5. For the Commissioners of Excize, Treasurers of Goldsmiths-hall, Commissioners of Drury and Gurney-houses, Collecto [...]s for the Plymouth Duties for redeeming of poor Slaves at Tunis and Argier, &c. that have had several Ordinances and Orders of Parlament, Orders from the Counsel of State, Orders from his Highness, for the payment of great sums of money, as this Case is stated; (viz.) John Doe hath an Ordinance from his Highness, or formerly from the Parlament or Counsel of State, for six thousand pounds charged upon the Excise (or any other Treasury) to be presently paid or in cours; (These Commissioners have also a great Fee and Sallary for their pains, and more then that they cannot lawfully expect nor contract with John Doe to make an abatement of the said Debt of 6000l. but (as I humbly conceiv) by making such a bargain for their private profit, by installing a publick Debt, and to put the profit up to their particular use, they are lyable to a Fine to his Highness, as I have proved unto you in a president done by Act of Parlament in Richard the Seconds time (as appears by the Records;) Commissions were granted to finde out that very offence, besides to bee liable and make good all such summs of money, and dammages for forbearance, as shall bee proved they have craftily and fraudulently concealed and kept the same money from his Highness.) As for example; the aforesaid Six thousand pounds warrant of John Does, the Treasures (or some one of them) taking advantage of John Does necessitie, treat with him, and compound for his said Order or Ordinance which is for six thousand pounds, for three thousand pounds, more or less (as John Doe and the States Treasurer can agree); and John Doe makes his bargain [Page 27] for more or less, as hee is straitned in his occasions, and as his payments grow upon him: Upon John Does receiving the money, hee agrees for, (it may bee 3000l. 4000l. or 5000l. for his Order of 6000l.) Hee, upon receipt of the sum contracted for, makes a general and full acquittance and discharge for the whole summ of 6000l. aforesaid. My humble Quere to you is, Whether this is not a fraudulent Act of any Treasurer, Commissioner of the Excize, Custom-hous, and Drury-hous, or any other publick Treasurer of the Nation, and every such Treasurer punishable, if hee deliver in unto the State the full summ of 6000l. when in truth hee hath paid poor J. Doe but 3000l. or the sum John Does necessity compelled him to take? And I humbly desire to know of you, Whether you have power by your Commission to send for John Doe or any other person that can discover unto you the truth, How much justly of this 6000l was paid to John Doe; and to examine him of the grounds and reasons that made him (the said John Doe) give a receipt for more money then hee received, and the time when the Treasurer or Treasurers made him his payments, and how much truly and really remaineth in the Treasurers hands, which the said Treasurer hath fraudulently concealed and deteined in his hands from his Highness and the Commonwealth; and who and what partie or parties were the Agents and Broakers (and where they dwell) to drive the bargain between John Doe and the aforesaid Treasurers: whether the said Treasurers have broken their Trust in compounding the States debt, and putting the whole summ on their accompt, when they paid but part, they being the States servants, and receiving Fees and Sallary (for their just and faithfull performance of their duty in their place of Treasurer or Treasurers) from the Parlament and his Highness? And I know in a Trial in Chancery, between the Lord of Holland and one of his Stewards, who put in several summs of money to the full value in his accompt to several persons, when hee had compounded his Lords debts, and the Steward was allowed [Page 28] no more then hee really paid to his Lords Creditors: if this bee the Law for a Private man, I hope it will bee Law for his Highness and the Common-wealth.
6. There are two Reasons which make mee humbly conceive, that the Preasure or Committee-man, Sequestrator, or whosoever hee bee, ought to pay to his Highness the summ and interest which hee hath concealed, and is lyable to a further punishment, without his Highness's pardon: 1. First, because every Receiver is his Highness's Servant, and receivs a Sallary for his attendance and pains; and therefore upon that accompt ought to give a just accompt upon oath to the Exchequer, both of all the summs of money hee receivs (as a Committee-man, Commissioner or Treasurer, justly and truly without fraud) both for principal and interest: if hee hath compelled the States Debter to pay interest, hee ought to accompt for all that interest to the State; the like just accompt hee ought to put into the Exchequer, for his just and real payments; and if it bee proved hee delivered in fall, feigned, forged or Averyen Accompts, or put in more money on his accompt then hee hath really paid to every person that is nominated on his accompt: I humbly conceiv it, all former Ages have held it a high Crime and punishable; and I hope your Honors will do so now. 2. Secondly, As the Receiver or Treasurer will bee sure not to charge himself with more money then hee truely receivs for the use of the State; so (I humbly say) his Highness's Commissioners for the Treasury, nor the Barons of the Exchequer, ought not to discharge him for any greater summ then the aforesaid Treasurer hath truely and really paid. And this I humbly desire your judgments in (for a greater or lesser summ); and if I shall prove one or more Treasurers guiltie of the aforesaid offences, whether you by your Commission are impowered to give mee a full fifth part for my discovery of all such summs of money I shall cause to bee paid in to the Exchequer touching the premisses?
[Page 29] 7. Whereas several Delinquents and purchases of Lands, having made their Compositions and bought Lands, and having given securitie to the Parlament or to his Highness, and have failed at the several daies of their paiments; and so continued, some for years, and some for moneths: And the aforesaid persons (upon the finishing their said payments) have accompted and paid interest to his Highness's Treasurers for all that time they forbare to pay their monies with interest money, over and above their Bonds they have paid in to the Commissioners and Treasurers appointed to receiv their payments. My humble Quere is, Whether all such interest money (received by any Commissioner, as aforesaid) ought not all to bee accompted for by every Treasurer upon oath: and whether a fifth part of the said discovery shall bee paid to the Discoverer?
8. Whether the Treasurers for Charitable uses (as Redemption for Slaves, Plymouth Duties for redee [...]ng of Captives from Argier, Tunis and Tipolis, &c. Collections for the Relief of Ireland, Tanton, and all other Charitable Uses of that nature) bee within the cognizance of your Commission; and that a fifth part shall bee allowed to any person that can and will make discovery in whose hands any summ of money is collected, as aforesaid, and not truly accompted for, to his Highness?
9. Whereas several Lands have been illegally and unduely sold; (viz some before a survey or This is a particular Charge against the Commissioner, as Drury-hous, for several great abuses and frauds practised by them to the great dammage of your Highness, and contrary to their Trust and Oaths. particular returned) contrary to the Commissioners instructions; And also by their Commission, no Lands ought to be sold till a certain set number of Commissioners were met together; which number made them a Committee: and under that Committee the said persons could not legally act as Commissioners, nor had a lesser number then was appointed them by their Commission power to sell Lands or Gods appertaining to the Common-wealth, and the Commissioners to take a Corporal Oath before they could act as Commissioners, not to act contrary to their Directions and Rules set them: notwithstanding the aforesaid Rules and Instructions [Page 30] appointed unto the Commissioners and Trustees by the Parlament and his Highness, and contrary to their Oaths, several great quantities of Lands have been sold by some few of the Commissioners privately, (before the said Commissioners number was full, or the Trustees fully impowered to sell any Lands appertaining to the State,) for many dayes, meeting, and contracting for Lands and Houses, when there were not so many Commissioners met together, as to enable them legally to bee a Committee, according to their Commission, and Instructions thereupon. My bumble Querie is, to know, Whether these Sales are good in law, being sold contrary to their Instructions, and by a lesser number of Commissioners then were appointed to sell the Lands: So that many thousand pounds yearly of Delinquents Estates have been sold in reversion, which ought to have been sold in possession. And great and vast summs of mony have been reprised by some Commissioners, and the Contracters, contrary to their Trust, have received seueral summs of money indirectly, of several persons, for their actings, as aforesaid; and have sold Lands at under-values, viz. When one man hath bid 25 years value and could not have it, but hath gone without it; another (that hath been a friend) hath bought the same Land for 13 years value, to the great prejudice of the Commonwealth; I humbly crave your Opinions, Whether all the aforesaid frauds, or any of the said misdemeanors are within Cognizance of your Commission; And the Discoverers to have a Fifth part for all Summs of mony that shall bee caused to bee brought in to the Exchequer upon these Discoveries proposed in this Article.
10. Whether it bee within the Cognizance of your Commission, to take an accompt of all summs of monie that have been collected in the City of London and Lines of Communication, for furnishing the Cittie with Coals; and where that Stock remains? for though some men received back their monies, without their Interest, after they had been deluded many years, Yet there is many thousand pounds (at this verie daie) in the Treasurers hands. And [Page 31] whether all the Treasurers living since 1644, within every County, City, and Borrough, and have been appointed to receive great summs of monie, and other Provisions for the relief of Ireland, building of Churches, mending Highwaies, redeeming of slaves, and other Charitable uses, bee within the Cognizance of your Commission, and the Discoverers to have a fifth part.
11 Whereas great summes of monie remain in mens hands that have stoln Custom and Excise, and also in several Committees hands within, this Nation, upon the Accompt of the publique I late of the Nation; and several Taxes viz. of 60000l, 90000l, 120000l a Moneth, and all other Parlament-Taxes, whereas greater summs of monie have been (by vertue and colour of the said Ordinance) collected upon the severall Inhabitants of the City of London and Lines of Communication, and in other parts and Counties of this Nation, which monies have been levied by the Pettie-collectors, and paid in to the great Collectors and Treasurers, and great quantities of these monies remain in several persons hands, unaccompted for to the great Damage of his Highness and the Publique. I humbly desire to know, whether this Discovery bee within the Cognizance of your Commission: And the Discoverers to have a Fifth part of all summs of monie that shall be paid into the receipt of his Highness's Exchequer. And how I shall bee secured of my Fifth part upon all or any the aforesaid Discoveries in the aforesaid Articles, Which I humbly propound unto your grave Judgment; and crave your Orders and Directions thereupon, it tending to, and being highly for his Highness's service, to have all the aforesaid Frauds strictly examined, and found out.
I shall, and do attend this business; and when I shall receive your Commands or Directions how I shall steer my self in the Prosecution of this business: And know from you, whether all these Discoveries are within the Verge of your Commission: That then [Page 32] the Discoverers of all or any the offenses aforesaid shall have one full Fifth part for his Discovery, of all summs of money due unto his Highness, and unlawfully detained, as aforesaid I shall (upon yours Honors answer unto mee) put in several Claims to all these several Branches aforesaid.
SEverall persons have withheld from his Highness and the Commonwealth (in Lands, Tenements, Debts, Duties, Monie, Mertchandize, Assessments, Goods and Chattels) the several Summs hereunder named: which several summs of monie they have in their hands, or have converted them to their own Uses. I have thought it convenient to conceal their name, and not print them; but to print the Summs by the Numbers, and leav a space for the names.
| Numbers. | Pounds. |
| I. | 01500 |
| II. | 01000 |
| III. | 02000 |
| IV. | 04000 |
| V. | 10000 |
| VI. | 16000 |
| VII. | 20000 |
| VIII. | 06000 |
| IX. | 02000 |
| X. | 20000 |
| XI. | 10000 |
| XII. | 06000 |
| XIII. | 15000 |
| XIV. | 10000 |
| XV. | 20000 |
| XVI. | 02000 |
| XVII. | 04000 |
| XVII. | 04000 |
| XIX. | 06000 |
| XX. | 04000 |
| XXI. | 15000 |
| XXII. | 05000 |
| XXIII. | 20000 |
| XXIV. | 06000 |
| XXV. | 20000 |
| XXIV. | 04000 |
| XXVII. | 15000 |
| XXVIII. | 12000 |
| XXIX. | 12000 |
| XXX. | 16000 |
| XXXI. | 04000 |
| XXXII. | 02000 |
| XXXIII. | 02000 |
| XXXIV. | 06000 |
| XXXV. | 0 [...]000 |
| XXXVI. | 02 [...]00 |
| XXXVII. | 08000 |
| XXXVIII. | 06000 |
| XXXIX. | 02000 |
| XL. | 03000 |
These are the Summs of money which several Gentlemen in this Nation, Accomptants, Treasurers, and others have in their han [...]s and possessions, or have converted the same to their own private Uses. And all the aforesaid persons ought to bee accomptable for the Lands, Tenements, Debts, Collections, Assessments, Merchandize, Goods and Chattels, to the full value they have received. And at this day the aforesaid persons have in their hands the particular Summs aforesaid; which they still with hold from his Highness, most of them contrary to their Trust, being the Parlaments and his Highness's servants, and receiving their Sallaries, and Wages of the Parlament and his Highness, for their Attendance in the Excise Office, Custome-hous, Drury-hous, Goldsmiths-hall, Treasurers for the monethly Taxes, and Treasurers for several other Assessments, monies collected for several charitable uses, for Redemption of Slaves from Argier, Tunis, Tripolis, &c. Commissioners for sale of all Prize goods &c. who all have had great Fees and Sallaries, and therefore ought by the Law to make a true and just Accompt upon Oath. And every of them have got the Publique monies, and by that means have unduely enriched themselves with great and vast Possessions in Lands and Treasure: And they withhold to this day the just Rights and Dues which appertain to his Highness and the Commonwealth. And (in regard there is a Fifth part to the first Discoverer, that shall make it appear, by sufficient proof, that any have Monies, Lands, Houses, Goods and Merchandize, or any other thing of [Page 34] Value in their hands appertaining to the State,) Thereupon I put in my Claim, and Charge all the aforesaid persons, to have in Severall Commissioners at Drury-hous have by undue Practises, contrary to their Trust, damnified and defrauded his Highness of above Sixty thousand Pounds. The several Commissioners names, the particular Summs, and the particular Charges I humbly crave leav to have liberty hereafter to insert, referring my self to my 9th Query I herewith presented to the Commissioners at Worcester-hous. their Custodies the aforesaid monies, Lands, houses, goods, and Merchandize, to the values aforesaid; and desire of your Honors, that I may bee admitted to make my Proofs against such of the said persons as I do, and shall desire to charge; and that I may have a view and inspection into all such Books and papers which are conducing to the making of every particular Charge; and to examine witnesses, upon Oath, thereupon: And that all persons which stand in Contempt may by your warrant bee Attached.
My humble desire is, That these Discoveries bee Registred, and the day when I delivered the same: and this Charge, with my several Queries annexed. I desire also, they may bee kept at Worcester-hous, as a Record, to manifest the true grounds and reasons, why I deliver in this Charge.
THe High Court of Parlament being shortly after summoned by Your Highnes, I did thereupon forbear, for a time, to proceed further in this Business, with the Commissioners at Worcester-hous; being resolved (by the assistance of God) humbly to present these humble Propositions (with some additions) unto your Highness, and that Supreme Court, the Parlament; desiring of God, so to direct mee in this Business; that, what I most [Page 35] humbly propound may bee for the glory of God, and good of the Nation; and that my Labors in this Business may bee accepted of by your Highness, and the Parlament, as proceeding from an humble, loyall, and true English Heart.
May it pleas your Highness,
I Do most humbly offer to your Highness and the Parlament these further most humble Proposals for your Highness and the Common-wealth's service; which I most humbly present on my knees at your Highness's and the Parlaments feet; and do likewise humbly pray, that these my most humble Proposals may bee confirmed by an Act of this Parlament, with such alterations and additions as shall bee conceived by your Highness and the Parlament most for the honor of God and the benefit of the good people of this Nation, by easing them in their Taxes, and calling to accompt the Common-wealths Debtors.
1. According to the Statute of Rutland, made May 24. in the tenth year of the Reign of King Edw. 1. Anno Dom. 1282. touching the Recovery of the Kings Debts; And the Statute of 6. Hen. 4. cap. 3. made against the frauds and deceipts of divers Sheriffs, Escheators, Aulnagers, Customers, Comptrollers and others, in these words following; viz. Item, Whereas divers Sheriffs, Escheators, Aulnagers, Customers, Comptrollers, and other the Kings Officers, accomptable, in many parts of the Realm, do fraud and deceive our said Lord the King yearly in their unlawfull and untrue accompts, concealing and reteining to their own use the greater part of that which rightfully ought to appertain to the King, to his great dammage and loss. Out said Lord the King (by the Advice and Assent aforesaid) hath ordained, That presently after every finall accompt given and made by the Officers and Customers aforesaid, before the Barons of the Exchequer of our Lord the King: [Page 36] The tenor of the Accompt of every the said Officers from time to time shall bee sent into the Counties where the same Accomptants bee Officers, together with Cōmissions directed to the most lawfull and discreet persons, to enquire and certifie the profits which the said Accomptants have received within the said Counties, in the name and to the use of our said Lord the King by them in the manner aforesaid upon their said Accompts, or deceitfully concealed and received to their proper use and profit. And in case that the said Accomptants bee attained of their said fiauds and deceipts, they shall incurr to our Lord the King the penaltie of the Treble of the same whereof they shall bee so convict, and their Bodies to Prison, untill they have made fine and ransom to our said Lord the King, according to the discretion of his Judges.
These excellent Laws to bee put in execution, for the strict and just taking up all the Accompts of Sequestrators, Treasurers, Collectors, Committee-men, Excize men, and Collectors of Customs, Surveyers, who have returned fals surveys, and then bought the Lands according to the value of their fraudulent surveys, or received Bribes for making these fraudulent surveys for some particular persons profit; these (I humbly say) being strictly examined, will bring your Highness in many hundred thousand pounds.
Here followeth many Laws of excellent use for the furthering of this business of calling the Accomptants of the Nation to a just accompt.
THe Statute of 33. Hen. 8. cap. 39. Provides, that all Bonds and Specialties made to the King, shall bee in the nature of a Statute of the staple; and also all Process, Judgments, Executions, &c.
That the King, his Heirs and Successors shall not bee debarred or delaied his just debts and duties against any as heir or hei [...]s to any person endebted to him, albeit the word heir bee not comprised in the Cognizance, Obligation or Specialty.
That the King in all his Suits for Debts shall recover his Costs and Dammages.
That the Kings Suits shall bee preferred, and his Debt first paid and satisfied. Magna Charta cap. 18.
That Lands entailed shall bee liable to the payment of the Kings Debts, And the King may recover his Debt against the Executor of his Creditor.
How the Kings Debt shall bee levyed, when his Debtors Lands shall come to severall mens hands and possessions.
The Statute of 7. Edw. 6. cap▪ 1. Provides several Penalties and Forfeitures to bee inflicted upon all Officers and Accomptants that shall conceal any Duty, and not pay the same in due time; And that Officers and Accomptants shall (upon notice) delcare what money they have received and not accompted for, and upon commandment make payment [Page 38] of the same within ten daies next, after notice, upon pain or forfeiture of loss of their Offices.
The Statute of 34. Hen. 8. cap. 2. sets down the Forfeitures of High Collectors and general Receivers of Fifteens and Subsidies, and all other Loans and Taxes, that do not pay the money by them received to the Kings use to such person and at such time as hee shall bee appointed; And that the King shall at his pleasure charge the said Collector or Receiver, and their Heirs, Executors, and Administrators, A Proclamation from his Highness, to require all Accompatants to delive [...] in a perfect accompt upon their oaths of their Receipts and Payments within a certain time, or els to suffer the penalty of the Law; and select persons to bee nominated to inspect these Accompts, and by what Orders all monies were paid. with four shillings the pound for every moneth the said monies shall bee laid out by them for profit, but deteined and not paid within three moneths next after the receipt.
The Statutes of 13. Eliz. cap. 4. and 27. Eliz. cap. 3 Provides, that Treasurers, Receivers, and Accomptants Lands shall bee liable for the payment of their Debts to the Queen, her Heirs and Successors; And that the Queen, her Heirs and Successors may sell and dispose of their lands, &c. and against whom the same sale shall bee good; and how the Queen, her Heirs and Successors may use the lands of the Treasurers, Receivers and Accomptants indebted, which hee or they hath or have purchased in the names of other persons, &c.
The Statute of 1 [...]. Eliz cap. 7. Provides, that the Statute of 13. Eliz. cap. 4. shall extend to under-Collectors, Receivers and Accomptants of Tenths and Subsidies of the Clergie, to make their lands, goods, &c. liable for satisfying of such monies as they have collected and received, and not paid and accompted.
And that every such under-Collector and Receiver shall accompt in the Exchequer for his Receipt, as other Collectors and Receivers do.
The Statutes of 52 Hen. 3. cap 23. and 13 Edw. 1. cap. 11. Provides, that all Accomptants that do withraw themselvs, and have no Lands, &c. whereby they may bee distrained, Then their bodies to bee attached and imprisoned, and caused to make their Accompts.
And the punishment of the Sheriff or Goaler that letteth an Accomptant Committed escape.
AT the beginning of our late troubles, some men (having designed unto themselves to make themselves great in the midst of the common Calamities, and to fish in troubled waters) disturbed the most excellent cours of the Exchequer; and (to compass their fraudulent designs which they had craftily laid) erected Private Treasuries, as Goldsmiths hall, Gourney hous, Worcester hous, Haberdashershall, Weavers hall, Drury hous, Custom hous, Excise Office, Treasuries for the Publique Plate of the Nation at Guild hall, and infinite other places throughout this Nation were erected, and pettie Exchequers, where the publique monie was kept; and the publique Accounts by that means interwooven one with another; and almost all of them managed by persons equally guilty, and excessively covetous, as well City Commissioners and Treasures, as Country Commissioners and Treasurers. So that ordinary Clarks and slight fellows being crept into imployment, to finger the publique monies, some, by buying of the Goldsmiths light and clipped monies, and then puting the said light and clipped monies amongst the publique Treasure. (It was observed by all that paid moneis in to the Treasurers, that the Tellers would not receiv a clipped shilling, and when they paid it away for the State, their Payments were full of clipped money, which clipped money they bought of Goldsmiths, to the value of many [Page 40] score of thousand pounds, and this was twenty times cull'd over and over, and now they are fain to take it in the Country, or to receiv none: The clipped monie was like a hors in a mill, it went round; the Treasurers would receive none, but bought it of the Goldsmith, the Goldsmiths would melt no clipped money they bought, but sell it to the Treasurers and Cashiers; this was paid to the Army, they paid it for their Quarters, the Farmer payes it to his Landlord, the Landlord brings it up to London and sells it to the Goldsmith at 15l, 20l, 25l in the hundred loss, thinking it is melted, and hee shall never more bee tronbled with it: but the Goldsmith sells it, as aforesaid; and at my Gentleman's next quarter payment his money is paid him again: so that the Nation (by this trick) hath been mightily cheated by publick Cashiers: and they have many of them gotten great Estates, some Five thousand, some Ten thousand, some Fifteen thousand, some Twenty thousand, some Thirty thousand, some Forty thousand Pounds apiece: And if these pettie Varlets, which were but servants and underlings, have gotten such vaste and great Estates by their craftie and fraudulent actions, being but young sucklings, in comparison of many of the great Treasurers their masters; what have these great Treasurers then gotten, whose ravening paunches have devoured the wealth and substance of the Nation.
May it please your Highness, I could name them by scores, but that I forbear at present, till Justice do personally single them out; for in every County, City, Corporation, and almost in every Parish in England and Wales, there is very few Parishes in the Nation without some of these Unjust Stewards, Committee-men, Sequestrators, and Treasurers. I most humbly beseech Almighty God, to put it into Your Highness's and the Parlaments hearts, to say particularly to every unjust Treasurer, Committee-man, Sequestrator, Excise-man, Commissioner of the Customes, Commissioner and Trustee for the Sale of Delinquents Estates, Treasurer for the publique Plate, and every other person that shall bee proved [Page 41] to have the publick monies in his hands, as was said to the unjust Steward in the Gospel, How is it that I hear this of thee? Give an accompt of thy Stewardship, for thou mayest bee no longer Steward.
Your Highness and the Parlament may see, by the former recited Laws and Statutes, what care all former ages had to see the Kings Debts and Rents duely paid and accompted for; and that no fraud should bee put upon them, their Heirs or Successors.
To prevent all frauds, most excellent Waies and Rules were setled in the Court of Exchequer, in all Kings Reigns, by the great care of many Ages: And the Sages of the Law know, there was not a more exact method in the world, then the Court of Exchequer was, for the just accompting and paying the Kings Dues.
I have heard my Lord Cottington say in the Exchequer Chamber, That no Prince in Christendom had the like exact way, as the King of England had, by the course of the Exchequer, if the Rules set down by the Court bee by the under-Officers duely executed: so that whatsoever summ comes in there, (bee it a million of money) must bee duely paid and accompted for, or else hee could finde it upon the foot of the accompt, if ever it came in charge into the Pipe.
And if the course of the Exchequer had not been disturbed, and the payments of the publick money thrust out of the old Channel, it had been impossible to have had so many Treasurers cozen the Common-wealth so grosly and shamefully as they have done.
And in order and pursuance of calling all Accomptants to a just, true and strickt Accompt, your Supplicant most humbly presents these ensuing Proposals to your Highness and the Parlaments view and consideration; and humbly prayeth, that the same may bee put in strickt execution, with such alterations and additions as your Highness and the Parlament shall conceive fittest for the good of the Nation in general, to ease the people of their Taxes. For, God defend that the generalitie of the people should contribute their monies, and pay it to Treasurers that shall make themselves great (and their private posterities after them) out of what they [Page 42] have cozened and defrauded the Common-wealth of. Therefore I humbly petition your Highness and the Parlament,
1. THat an Act of Parlament may bee made, and a Proclamation thereupon go forth, commanding and requiring all Committee-men, Sequestrators, Trustees for sale of Delinquents Estates, Commissioners of Excize, Commissioners of the Customs, Treasurers of the publick Plate, and all other Treasurers, Receivers, Collectors, and all other Accomptants and persons whatsoever that have been imploied to collect and receiv, and have collected and received any the publick monies, goods, chattels, plate, &c, or other things of value throughout England and Wales, ever since the beginning of the year 1642. shall within three moneths next after the date of the said Act and Proclamation make up and deliver (according to the Laws and Statutes of this Nation made for Accomptants and Accompts) into the Exchequer (or other place your Highness shall appoint) their several just and true Accompts of what Monies, Goods, Chattels, Plate, &c. or other thing of value they or any for them have received; And how and by what warrant they have paid and delivered out the same: The same Accompt to bee delivered in upon the particular oath of every such person Accomptant, that the same is a just and true Accompt; And upon every particular accompt so made, to pay in the money remaining in his hands upon his said Accompt (if any there bee) into the Exchequer, or other person and place your Highness shall appoint to receiv the same: And upon failer of bringing in their several and particular Accompts, according to the said Act and Proclamation, that then all such monies, goods, chattels, and other things of value, which shall bee found and proved (upon Inquisition) they have received for the Common-wealth, whereof they have not accompted for, shall bee levyed and taken upon their estates, and their persons imprisoned, untill they have [Page 43] justly and truly accompted; And if any person or Accomptant aforesaid shall bee dead, then the Heir and Executor or Administrator of such person so dying, or being dead, shall duely accompt for the partie so dying or being dead, according to the Laws and Statutes of this Nation.
2. That an Act of Parlament may bee made, and sent throughout England and Wales, to require and impower four of the next Justices of the Peace, or such other Commissioners your Highness shall appoint, to call a Jury in every Parish of substantial Free-holders, or other discreet honest men (either of the same Parish or Parishes next adjacent) and to call to their assistance all other discreet persons that can and will give them true information concerning any of the premisses in charge: And the said Jury so impannelled, to make true Inquisition of all such neighbours and persons aforesaid, of these particular things following; viz.
3 That the Jurie bee impowered to enquire and present all persons, men and women, and their degree and qualitie that have been sequestred, in each respective parish, within every County of this Nation, and the dayes of the moneth and year when this was done: Also, they are to enquire and present what stock of Cattel, Money, Plate, houshold stuff, &c. or other things of value, they had taken from them, and to set down the particular values thereof; Also to set down the values of the Houses, Lands and Tenements, Woods, &c. sequestred, and into whose hands the same came; And to set down the parcels and values distinctly, and the several time and times when this was done, and by whose order, warrants and directions, and who received the monies.
4. They are to enquire and present in every Parish what Committee-men and Sequestrators and Treasurers are in [Page 44] every Parish; their distinct names and qualities; who of them are dead, and who bee their Heirs and Executors or Administrators; And if any Sequestrator, Treasurer or Committee-man bee removed out of their ancient abiding places since 1642. to set down (to the best of their knowledg or information they can get) where every such Sequestrator, Committeeman and Treasurer doth live; in what Countie and place within this Nation, or elswhere.
5. They are to enquire in what Places of the Countie the Committee for Sequestrations did usually sit; and to certifie the same: And, that diligent search bee made for all Books of Orders of everie particular Committee.
That in every Parish twelv able and discreet persons, upon oath, shall make strict inquisition who received all Rents and Profits of all Lands and Houses of Delinquents in the said Parish, and how long every Delinquents lands were under Sequestration, before they were compounded for or sold; and to present all persons that shall bee proved to have the publick money in their hands, and what quantity: And this all Juries in every Parish shall swear to do (without favor or affection) and that some considerable penaltie may bee inflicted on such Juries or the Parties offending amongst them, that shall wilfully perjure themselvs in wilfull making false Returns, and in wilfull concealing any frauds to the prejudice of the Common-wealth, through their connivance or willfulness, when the Evidence for the State hath by good and legal witnesses sworn the fact positively and clearly; and yet the Jury will not make their Returns according to their Evidence, to set a penalty upon all Offenders of this nature.
6. That the Prime Justices of the Peace of every County in England (or such other Commissioners your Highness shall appoint) may bee authorized by your Highness and the Parlament to meet at the head City or Town of every County; and there they, or any six of them, shall take all [Page 45] the particular presentments of the several parishes, and send forth their Warrants to all Committee-men, their Clerks, Sequestrators, Surveyers, and others, to bring in all the Acts, Orders, Ordinances, Writings, &c. which impowered them to act as a Committee for the County, and impowered them to raise money and sequester Delinquents Estates (personal and real); and all the Orders, Warrants, and Proceedings they made as Committee men: And to command all Clerks and other persons whatsoever, to bring in the said Papers, Books and Records, which hath been made at any meeting of the Committee, without any imbezelment or alteration; And the said Commissioners, or any six of them, to bee impowered to give any Committee-man or their Clerks an Oath, to answer to all such Questions concerning any Monies, Lands, Goods, Chattels, or other things of value, &c. as hath come into their custody, and to examine them by what Order they paid the same, and how much money &c. remains in every Committee-mans hands, and to return every mans Answer. And if any person refuse to deliver the Books and Writings of the Committee, or hath imbezled or defaced the same, every such person to bee committed to prison without bail or mainprise, till his Highness and his Counsels further pleasure bee known.
7. The said Justices of peace and Commissioners aforesaid, or any six or more of them are to retourn their Certificates of all the frauds, abuses, failers of Trust, &c. And what persons they finde upon the particular Presentmens of every Parish that have the Commonwealths monie, lands, goods, chattels, &c. in their hands, where the Justices finde it positively to bee proved, to certifie it so; where they finde it by circumstances, to certifie the same to the best of their skill and knowledg, as they will answer their neglect to his Highness and his Counsel.
[Page 46] 8. The said Justices and Commissioners in every Countie to put up all these Papers, Records, Writings &c. which shall bee Retorned unto them from every Parish severally, and safely, without any imbezelment, in Trunks or Boxes sealed with their seals, with their Certificate how they in their Judgments finde the whole Business, upon the Presentment of each Parish: And a Duplicate of that Presentment to be sent along with the Papers, Records, and Accounts in general. The same to bee sent up to some publique Place that shall bee set down and nominated by your Highness, and there to bee safely kept, without imbezelment, by faithful and trusty sworn persons, to bee nominated and appointed for that Service; And also several persons of skill and abilitie (upon oath) to view and audite and inspect into all the said Books and Papers, Accompts and Writings concerning the premisses; And to give your Highness and your Counsel an accompt (upon their oaths) concerning the premisses, and how they finde each several mans Accompt, without fear, favor or affection, (as they will answer it upon peril of their Estates and pain of Imprisonment.
9. Where Counties are large, the Justices and Commissioners aforesaid to divide themselves into several divisions, and to take the several Presentments of Parishes; Provided, that (at the least) six Commissioners and Justices bee at the taking up of the Returns of the Certificates of the Parishes, and every Parish to keep in their Vestry of their Parish Church safely a perfect Record of the Duplicate attested under the hands often of the ablest Free-holders, or others, with the Minister and Church-Wardens hands, also the day and year they made their Return, and the Justices names, and place where and to whom they delivered it: And this to bee done, upon a strict penaltie.
[Page 47] 10. That whereas there hath been several monethly taxes and voluntary contributions for many years, viz. ever since the year 1642. taxed and gathered upon the Counties, Cities, and Borroughs within England and Wales: That diligent Enquiry bee made by the Justices of the peace, and Comissioners of each Countie, of those that have Assessed the said Monethly Taxes within the Cities, Borroughs, and Parishes of each respective County. And that all the summs of mony received by Order of Parlament or his Highness, and the Transactions thereupon for each respective Parish and Countie bee particularly set down the just Summs, what was Rated at every one of the Quarter-Sessions, or other meetings, when they made their Bills and Books of Rates and Assessments, and the several Summs they laid upon every Hundred or Parish within every respective County. That they present in writing the gross Accompts of every Book of Rates and Assessments since the year 1642; and what Commissioners signed those Books of Rates, and who were made Pettie Collectors for each Parish and Hundred for everie respective year, and the several Summs rated. This to bee don for everie particular Tax which was Rated: and who was made the Chief Collectors and Treasurers of each Countie. And to set down to what Treasurers at London the Country Treasurers of each Countie paid their Taxes which they levied of each respective Countie; or, if they paid the monie in the Countrie by Order of the Committee, to produce their Original Orders and Warrants; and those Warrants and Orders to bee transmitted up to such persons as your Highness shall appoint, to bee examined of the legalitie of these Orders: And all these Original Assessments made ever since 1642 to bee transmitted up to London, to such place or places, person or persons, as your Highness shall appoint.
[Page 48] 11. To make strict enquiry what Voluntarie Contributions, Summ or Summs of monie, Jewels, Plate, &c. have been in each respective Countie, City, Town, Corporate Sea-Ports, and elswhere contributed and given towards the maintenance of the late war in defence of the Parlament here in England, or for the relief of the Protestants in Ireland, and for the Redemption of Slaves at Argier, Tunis, Tripolis, and other places, and the Custom Books to bee examined at every Port: And who have been by Act of Parlament or Order of any Committee impowered to receive any the abovesaid Premises.
12. A convenient reward to bee allowed out of the aforesaid Discoveries made for loss of time, charges, and pains taken and undergon by any of the persons that shall bee so imployed by the aforesaid Justices of peace, in each Countie.
13. To appoint sworn Officers and Auditors to Calculate and cast up what hath been levyed since 1642. according to the Returns out of each County in the Nation: And what hath been duely and really paid, upon true and lawfull Warrants. And a select Committee appointed to view and approve of these warrants: And, upon approbation, the Officers to allow it upon every Receivers accompt. And if that the Warrants bee not approved of by the Commissioners of his Highness's Treasurie, or others, to bee appointed for that service, by his Highness and Counsel; Then the full Charge of every County shall bee put at the foot of each mans Accompt that hath been a Receiver: And every Receivor's Estate and Person to lie lyable, till hee hath perfected his Accoumpt justly and truly in the Exchequer, according to the good known Laws of the Land.
14. And if this cours bee strictly looked after and taken; Whosoever hath any of the Commonwealths monie [Page 49] in his hands, it will bee found out. For, if any Treasurer or Collector hath a Charge given him by the Countrie, Citty, Town, Corporation, or hundred, for the monies hee hath received, Every Receiver and Treasurer must discharge themselves by known legal Acquittances and Warrants from such as were legally impowered to give them; and from the day any Accomptant of the Commonwealths money, till the time hee shall have a just and legal Discharge upon a just and true Accompt, not a feined, forged, or Averian Account; I most humblie say, Every Receivers and Accountants Bodie, Lands and Estate whatsoever, their Heirs, Executors, and Administrators, are all, and every one of them Lyable, till they have justly Accounted, and gotten their Legal Quietus est. And this is the known Law of the Nation, and constantly hath in all ages been practised in the good old way of the Court of Exchequer at Westminster. The Whole Premises, upon my knees, I humble tender at Your Highness and the Parlaments feet, and implore your gracious and benigne Acceptance of your Supplicant's loyal endeavor, for Your Highness and the Commonwealths Service.
To His Highness OLIVER LORD PROTECTOR OF England, Scotland & Ireland, and the Dominions thereunto belonging. The humble Petition of THOMAS VIOLET of London Goldsmith,
THat great quantities of Plate, Bullion, and the heavy currant Silver Coynes of this Nation, (as Shillings, Sixpences and Half-Crowns, and Five shilling pieces) have been formerly, and are at this day melted down, for the making of Gilt and Silver Thread and Wyer Spangles, Oas, [Page 52] Purl, &c. to the great waste of the Stock of this Nation.
By which evil Practices many mischiefs and damages have been and are daily put on the Common-wealth, which ought strictly to bee prevented, most especially in this conjuncture of time when wee have Warrs with Spain.
That your Highness would bee graciously pleased for the future, not to suffer either Refiner, Goldsmith, or Wyer-drawer to melt the Coyn or Plate of the Nation, to make Gold or Silver Wyer or Thread, but that all Silver imploied or spent in this manufacture bee bought or contracted for beyond Seas, upon the produce and returns of Commodities; And that none of the Coyn or Plate of the Nation be spent or wrought in this manufacture upon the severest penalties can bee inflicted on the Offenders.
That the late King and his Counsel in Anno 1635. taking into their consideration the great loss hee sustained in his Customs, by suffering this manufacture to bee in England, did cause a Duty to bee imposed on Gold and Silver Wyer, which was made into Silver Thread, Spangles, Purls and Oas; the summ of Six pence the ounce Troy, (which is not two pence upon the ounce Venice) upon Gold and Silver thread, commonly so called; but it is truly gold and silver Silk, for the Silver is all spun on Silk. May it pleas your Highness, the Book of Rates in the Custom-house laies eight groats upon one pound Venice, which, upon accompt, is above six pence the ounce Troy in Wyer (as upon Examination before the Counsel of Trade your Petitioner shall make it clearly appear).
That if your Highness do continue the making of gold and silver wyer and thread here, That your Highness will bee pleased to recommend it to the Committee for Trade, [Page 53] to take especial ca [...]e to prevent the frauds and dammages now daily done and practised in this manufacture; And to make such Orders and Rules for the Trade, that there may bee a thorow Reformation of false, sleight, and deceitfull stuff, upon very strict penalties: And for the due execution of the same, the Committee of Trade to consider and settle such Officers, and their Fees for their paines, as they shall deem fiting, to prevent the by-past Abuses; And to report the same Regulation to your Highness and your Counsell for Confirmation.
That if your Highness continue this manufacture here, That then as great an Excize bee laid on it here, as is laid on the Custom and Impost of Gold and Silver thread, imported from Millan, Venice, or other Forain parts: For the making of silver thread here, hinders the importation of so much Silver as would bee brought in on that manufacture, which Silver will increase the stock of the Nation. And this manufacture being made here (as it is now made) without order or Rule both for fineness and weight of Silver, and without consideration had what your Highness and the Common-wealth loseth in the Customs, by suffering it to bee made here, and the waste of the Coyne, Plate and Bullion of the Nation, (without a due regulation of this manufacture) it is far better for the Commonwealth to have the making totally put down.
May it pleas your Highness, Much may bee alledged and pleaded for the making this manufacture here, so it may bee justly made; as that it keeps and maintains a lively hood for many thousand persons and families in and about the City of London, which would perish, if this manufacture were put down. A just and strict regulation will bee better for the Work-men and the Trades-men (such as are honest, and would not adulterate their Lace, Ribbons, Spangles, &c. in this manufacture) And bee greatly advantagious [Page 54] to the wearers, The Coyn and Bullion of this Nation will bee preserved, and your Highness Revenue much increased, If the draught for the just and due regulation of the manufacture of Gold and Silver wyer and thread (which your Petitioner herewith most humbly presents to you Highness) bee put in due execution, with such alterations and additions as the Committe for Trade in their great wisedoms shall think fit for your Highness and the Common-wealths Service.
Your Petitioner humbly praies, That the premisses may by your Highness bee recommended to the Committee for Trade, and they Ordered,
1. To consider, Whether it bee fit (at this conjuncture of time) to continue the making of this manufacture here in England.
2. If they conceive the manufacture still may bee made here for the relief and imployment of the Poor, That then the Committee of Trade bee Ordered by your Highness to set down such Rules and Waies, as they in their Judgments shall think fit, to prevent all former Frauds and Abuses put upon the Coyn of this Nation: And that asmuch Excize may bee laid on the Silver Wyer and Thread, as is paid to your Highness and the Commonwealth in the Custom-house, if the Silver Thread were imported from beyond Seas into this Nation, Which will increas your Highness Revenue some thousands of pounds yearly. And that your Petitioner may bee Ordered by your Highness to attend the Committee for Trade with his draught for the regulation of this Manufacture: And (as in duty bound) your Petitioner shall pray, &c.
Whitehall, May 8. 1655.
HIs Highness referreth this to the Consideration of the Committee and Counsel for Trade, to enquire into the particulars and certifie their opinion.
May it pleas your Highness;
THe late King Charles and his Privy Counsel would never suffer, that the silver courrant Coins or Plate of the Nation should bee wast [...]d in this Manufacture, for the making of gold or silver Thread: What the Refiners and Wyerdrawers did spend of the Plate and Coin, in these Manufactures, it was and is against the Laws of the Land: And by the very Monopolie that the King granted to Alderman Wollaston and Aldermam Gibbs, An. 1636. for to be his onely Agents for refining one Hundred thousand pounds a year of Forrain Silver, for making this Manufacture; yet, in that Project of Gibbs and Wollaston they Covenant with the King, not to Refine or caus to bee melted down any the Courrant Coin or Plate of the Nation; and that they should melt none but Forrain Bullion which shall be Imported for the making this aforesaid Manufacture; And many of the Privy Counsel then were for the total putting down of the making and wearing this Manufacture here in England, as causing an excessive Expence to all Sorts and Conditions of people, as being a Vanitie that the Nation might well bee without: But then it was considered by the King and his Counsell, the multitude of Women spinsters and other people that had their subsistance out of it; and, in that regard, the Manufacture was continued (but under strict Rules for the due Regulation, and that all the Workers should conform to the same, and they did promise [Page 56] an humble conformity:) and I Thomas Violet was appointed, under the Great Seal of England, to take the care and Charge of Sealing and Surveying all these Manufactures, to prevent the former cheating and Cosennage both of Wyerdrawers, Silkmen, and Refiners. The several frauds I clearly proved, under the hand of Mr Jackson, the sworn Assay-master of Goldsmiths hall; and I cut and defaced all sleight. cours, and deceitfull gold or silver Thread, Spangles, wyer &c. which Office I did justly and faithfully execute for almost Five years, and prevented all former Abuses, and caused the workmen to work their silver for these Manufactures as exactly and justly as the Plate or Money of the Nation is made, during the time I regulated the Manufacture by my sealing of it. This I have proved, under the hand of many hundred Spinsters who petitioned for the Restoring mee to my Office again.
Your Petitioners most humble prayer to your Highness is, that the Honorable Committee for Trade, now having this Business under their examination, and (having the particulars in this Petitition in consideration) may bee by your Highness ordered to make their Report, and to take care for the preservation of the Bullion and Coins of the Nation: And that all Silver made for this Manufacture bee melted at a Publique place, and Viewed, and Registred; that so none of the Coins or Plate of the Nation bee melted down for any of these Manufactures: And to appoint such Officers as they shall conceiv may bee fit for the regulating of all Abuses in the Manufacture, and for the best advantage of your Highness.
The honorable Committee for Trade have given the wyerdrawers and Refiners several dayes for the propounding of wayes for regulating of the said Trade, and to prevent the abuses by-past, and to preserve the Coin and treasure of the Nation. But (instead of that) the Wyerdrawers have presented the Draught of a Corporation to the Committee of Trade; which, if it should bee granted unto them in that way they have presented the same, They would melt, and caus the Goldsmiths to melt for their use (in a few years) all the heavie Gold and Silver, Coin and Plate of this Nation. And indeed they [Page 57] are come to that confidence, that they think to cozen all people that wear Gold and Silver; And to get a Charter for the doing thereof, that so they may work Iniquitie by a Law.
THere was a Complaint made to the late King Charles and the Lords of his Privy Counsel, January 25. 1634. And an Information given by some of the Wardens of the Company of Goldsmiths, touching the detriment and dammage which ariseth by the undue Practices of some Refiners and Gold-wyerdrawers of London, by melting the currant Coynes and Bullion of the Nation: And several Depositions against the Refiners of London were presented to the King and his Counsel at White-hall, of very high and heynous Crimes by some of the Wardens and Company of Goldsmiths; and no doubt but the Company of the Goldsmiths have the Copies of these Papers in their Hall. There-upon, Mr Attorney General Bankes received a Command from the said King and Lords to prosecute the Statute of 4. Hen. 7th against such Refiners and Gold-wyer-drawers as hee should finde to bee Offenders, and to see the Penalties might bee recovered. And upon further examination of these most heynous Offences, an Information was put into the Starr-Chamber by the Kings Attorney General Bankes against Alderman Wollaston and Alderman Gibbs, for melting and procuring several Goldsmiths to cull and melt the currant Silver Coynes of the Nation; And for the unlawfull buying and refining of the said heavy currant English Monies, and for unlawfull buying and refining Gold and Silver, and for several other Abuses practised by them, contrary to the Laws and Statutes of the Nation (as appeareth at large by the Kings Attornies Information in the Starr-Chamber against them.)
Some of the Wyer-drawers of London, seeing the Winde blow at that Corner, to prevent the danger approaching on them, petition [Page 58] the said late King in the behalf of themselvs and divers other Wyer-drawers of the City of London, the second of April 1635. In which Petition they set forth, that there are many Abuses daily practised and done in the said Trade of Gold and Silver-wyer-drawing, and the manufuctures thereof; and that their Trade was under no Government; That they desired his Majesties most gracious care in suppressing the promiscuous use, by ordering them into a Government. Therefore they pray, That such as have served for the Trade, or such as they should deem fit to use the same; and one or two Refiners, that may refine Gold and Silver to bee used in the Trade, may bee made a Corporation with a non obstante of the Statute of 4. Hen. 7. or any other Statute or Proclamation.
And that they may bee Incorporated, and have two Wardens and twelve Assistants, and to have a fitting Officer for their Company and raising money for necessary Charges; And that no Gold or Silver thread may bee put to sale, unless it bee sealed with This Restraint ought now to bee carefully looked after; and to make the melting down of Shillings, Sixpences, half Crowns, and five Shilling pieces, Felony; And strictly to forbid (upon severe Penalties) all Goldsmiths not to presume to bee Cashiers and Receivers of Merchants monies, by which means they have formerly and do at this day cull and melt down the heavy English money. The Gold [...]miths have (by buying and selling English Gold above the currant price) bought and sold all the Gold out of the Nation, to the unspeakable dammage thereof. And now there is no other Remedy to get Gold back in the Nation, but by raising of it, as some would have it: shortly wee shall have no Silver Coyn left in the Nation, and then wee must raise that to get back our Silver again: And by this means all setled Revenues and Landlords will lose so much in their estates as you raise Gold and Silver. the Seal of the Company. And upon these Conditions they offered to pay his Majestie, his Heirs and Successors for ever One thousand pounds yearly, and (over and above) two pence the ounce for all Forain Bullion that shall bee used in their Trade: And humbly petition, That his Majestie would bee pleased to publish his Proclamation, to forbid any to practise any the said Trades or Manufactures, or Drawing or Spinning of Gold or Silver Thread or Wyer, other than such as should bee Incorporated.
Upon this Petition his Majestie granted this following Reference; viz.
HIs Majestie referreth this Petition to Mr Attourny General, To take the same into consideration, together with the Earl of Holland's Petition, and certifie his opinion.
This Petition I have readie to bee produced.
Sr John Bankes Attournie general certifies back to the late King, to this effect, viz. That hee did not discern any inconvenience, that the Gold Wyerdrawers (who offer his Majestie, upon their voluntary Petition, One thousand pounds a year, and two pence for everie ounce of Bullion which should bee used by them) should bee incorporated, for their better government, according to their Petition, so that they bee tied to some certain Conditions, (amongst which) they were not to work any of the currant heavie Monie of this Nation, nor any of the Plate of the Nation for any Manufacture of Gold or Silver Thread or Wyer: they were not to use any Silver in their trade, but Forrain Bullion, and no more than yearlie should bee imported by their means; and the Manufacture made according to the Standard or better.
Hereupon the Refiners Alderman Wolaston and Alderman Gibbs &c. seeing themsellves exposed to the Law (by the information of some of the Wardens and Company of the Goldsmiths informing against them, and Mr Attournie General Banks, by Order of the King and Lords prosecuting them in the Starr Chamber, for high Crimes and Misdemeanors,) the Refiners viz. Alderman Wolaston and Alderman Gibbs &c. Petition the late King in An. 1635. for his grace and mercy; and making [Page 60] their humble Application to the then Attournie general Bankes, and Sr J. Cook Secretary of State, and to Sr William Beecher, and several others, whom they paid and gratified with great sums of money to get their pardons, I being privy thereunto, and desired and requested by them to use all my endeavors to keep Sr John Wolaston off from being indighted upon high Crimes and Offenses, which Alderman Wolaston was charged with by Sr Henry Mildemay and some of the Wardens of the Company of Goldsmiths, which I did by Secretary Cookes power: and I did assist them to get their Pardons, and spent my money, and used all my endeavors and interest freely; And at the earnest entreatie of Alderman Gibbs, who with many tears besought mee to do it for Gods sake.
I having a little before made my peace, and paid to the King two thousand Pounds for my pardon for Transporting Gold and Silver, and by that means being intimately acquainted with Sr John Cook then Principal Secretary of State, and Mr Attourney General Bankes and Sr William Beecher Clark of the Counsel: I could, and did get, for Alderman Wolaston and Alderman Gibbs, great favour of them. I managed their business so amongst them, that the edg of Justice was blunted, and Sr Henry Mildemay's Commission revoked, and all his endeavors to undoe Alderman Wolaston and Alderman Gibbs I disappointed by the power of the aforesaid persons. And I am confident they paid them well for it, for in those times there was nothing done by Court [...]ers, for Cittizens, without money; and I am sure, I, in my particular found it so. But I never would accept or take of Alderman Wolaston or Alderman Gibbs (for my expenses and pains) one farthing, though they often times then offered mee their pretended great acknowledgments: And this I do say is true, as I shall answer before God, I did it freely upon the account of Frendship I bare unto Alderman Gibbs. And how well and justly Alderman Gibbs and Alderman Wolaston requited mee for getting them their Pardons of the King, in 1636. the Common Counsel of London and many honorable members of Parlament know, and heard at a common [Page 61] Hall, in January 1643. when Alderman Wolaston (beeing Lord Major) and Alderman Gibbs were the chief Informers against mee in Guild Hall, and incensed many honorable members of Parlament and the body of the Citie of London against mee, as a malignant and vicious person; And this Alderman Gibbs did (by along winded Speech) openly at Guild Hall. And (som few daies before) they abused and villified mee before a Committee of Parlament, at Goldsmiths Hall, and procured mee to bee sent to the Tower through their unjust Information. But God in his good time will finde their iniquity out; for since, it hath been proved what Alderman Wolaston hath been to the Government, and that makes him uncapable to bear Office in the Commonwealth: How God will dispose of Alderman Gibbs this Parlament, that, time will present.
And, what Service I have don to this Nation, I most humbly leav it to the considerations of all true English men. I saved the Nation (at one time) three hundreed Thousand Pounds, in the year 1652. A summ of money, more then all the Goldsmiths and Refiners are worth, put them all together. And in doing that service (I most humbly say) I clearly shewed my Dutie and Affection to this Nation; and shewed, I was no Malignant. When Alderman Wolaston and Alderman Gibbs do so much for this Nation, I shall take them to bee better men then now I do.
After many dayes Attendance of Alderman Wolaston, and Alderman Gibbs at the Counsel-table, and at the Attourny General Sr John Banke's Chamber, Upon condition that Alderman Wolaston and Alderman Gibbs Their Pardons under the Great Seal of Enland will shew the offences they were guilty of, for men need not take a Pardon, if they be not guilty and faulty. I refer my self to the paticulars in their Pardons, what offenses they were pardoned of. might have their Pardons under the Great Seal of England, for what offenses and abuses (in their Trades) they had done contrary to the Laws of this Nation: and Mr Attournie Generall (by order of the King and Counsel) to stop his Proceedings [Page 62] against them and the rest of the Refiners, both in the Exchequer and Starr-Chamber: The Refiners, Alderman Wolastone and Alder. Gibbs thereupon offer to pay his Majestie six pence the ounce for all Wyer that should bee disgrossed and spent in that Munufacture: And they drew in six other Refiners to bee their fellow Partners and Monopolists; and to pay the Rent of a fair hous, above one hundred and twenty Pounds a year; to pay Clarks wages, and other incident charges.
And this Office they did execute several moneths (in the year 1635.) before the King would give Alderman Wolaston and Alderman Gibbs their pardons for their offenses. And much adoe then they had to get their Pardons: for when their pardons were at the Signet Office, Sr Henry Mildemay got the King to stop their pardons. And this Sr John Cook the Secretary of State told me, That Sr Henry Mildemay had presented to the late king, how grosly both Alderman Gibbs and Alderman Wolaston had abused the Commonwealth, contrary to the Law, and how they had surprised the King in getting their Pardons, and that they deserved to bee made exemplar. I am sure (according to the usuall way of the Court) Alderman Wolaston and Alderman Gibbs could not remove such obstructions but with great summs, though the particular summs I never knew. And I was desired by Mr Secretry Cook, at Oatlands on Sunday after Diner, to go presently to London to Alderman Gibbs and Alderman Wolaston (which accordingly I did) to let them know from him, their Pardons were stopped by the King, and that they should attend him about it; which accordingly Alderman Gibbs and Alderman Wolaston the next morning did. I was well acquainted (for I had paid for it) what the meaning of such a message was, to bee sent by me to Alderman Gibbs and Alderman Wolaston: And I did believ that they had not come up to a full price, nor paid so much as was expected; and I knew that was the main stop of their Pardons.
Upon this Offer of the Refiners, to pay the King six [Page 63] pence the ounce, (beeing asmuch again as the Gold-wyer-drawers had offered by their Petition) the Gold-wyer-drawers were laid aside with their Petition, and Propositions by the late King and his Counsel as inconsiderable persons.
And the Refiners (Alderman Gibbs and Alderman Wollaston, by their craft) getting to bee great with the Attorney General Bankes, Secretary Cook, Sir William Beecher, and other Courtiers, got to bee the onely men to carry on this Project, for being the Kings Agents to furnish One hundred thousand pounds a year for this manufacture. And the late King (to gratifie the Refiners who had bid him so roundly) granted Alderman Wollaston and Alderman Gibbs their pardons under the great Seal of England (the rest of the Refiners being then but young men, were esteemed as rascal Deer, they had not wool on their Backs, nor had committed sins enough for to have their pardons under the great Seal of England; and so got dismissed by Order of the Lords of the Counsel in the Court of Starr-Chamber.
And the King appoints the Refiners (viz. Alderman Wollaston, Alderman Gibbs, Henry Patrickson, Daniel Stalworthy, William Haward, Richard Gibbs, Thomas Nowel and Walter Hill) under the great Seal of England, to bee called by the name of his Majesties Agents, for the refining of One hundred thousand pounds Gold and Silver a year for this Business; And they had not a bare title onely of that name, for the late King allowed them to share with him, and to tax the People in their prizes, to sell their gilt silver Wyer two pence upon every ounce, and the silver Wyer one penny upon every ounce more then divers Goldsmiths of London offered to sell the Wyer-drawers. And this was offered several times by Captain Williams (the late Kings Goldsmith) a man of a great and vast Estate, Mr Footer, Mr Symonds, and divers other able rich men; And good securitie offered to the late Kings Commissioners, and at the [Page 64] Counsel Table at Whitehall, for the performing of Covenants: But this would not bee granted by the late King or his Counsel.
And this gave the great Offence in Parlament, 16 [...]0. it being found by the Parlament upon Examination, that so great and numerous a company as the Company of Goldsmiths and Gold-wyer-drawers are, should bee debarred so great a branch in their Trade as this is; For it will be justified, and credibly demonstrated to your Highness and the Parlament, that these aforesaid eight Refiners (whereof Alderman Gibbs and Alderman Wollaston had one half of the Trade and stock, as appears by the Monopolie) got more for their own particular profit, by monopolizing to themselves the sale of all Gold and Silver Wyer for this Manufacture, being one hundred thousand pounds a year, then all the Goldsmiths in London, which are many hundred families, did get at that time by selling all the new Plate in London; (And, I am confident, all knowing Goldsmiths will calculate it so;) which was and is the principal part of the Goldsmiths Trade.
The Duty reserved to the King in lieu of his Customs, was nothing so odious to the Wyer-drawers (in comparison) as the Refiners Monopoly was. The Wyer-drawers constantly affirmed to the King and his Counsel, and to the Kings Commissioners, that the Refiners Monopoly was contrary to Law; and upon a dispute at the Counsell Table, the King called the Refiners (Alderman Gibbs and Alderman Wollaston) his Sheep, and the Wyerdrawers he called his Goats; (but in the conclusion both these Refining Aldermen proved the Kings Majesties Sheep biters:) And the late King pressed the Wyer-drawers at his Counsell Table to conform themselvs to the Regulation; but some of the Wyer-drawers told the said King, They would submit to the Law, but not to the Refiners Monopoly; and that it was against the Law, that Freemen of the City of London should bee restrained a Free Market, to enrich [Page 65] private men, and to make them Aldermen. Besides, the Gold-wyer-drawers were compelled upon great penalties (as appears by their Bonds) to buy no Silver wyer for their manufacture, but of the said Alderman Wallaston, Alderman Gibbs, and the other six Pat [...]ntees joined with them; and oftentimes the Refiners (Gibbs and Wollaston) pressed the Commissioners to cause searches; and complaining they were at great charges paying Clerks wages and Housrent; and therefore desired searches and seisures of such Wyer-drawers silver which did not buy of them: And they forced all persons to pay them two pence the ounce for all gilt wyer, and a penny the ounce for all silver wyer more then they ought or needed to have done, had the Wyer-drawers been permitted to have had a free market. And the Goldwyerdrawers paid this for divers years together, as is well known to many hundred persons in London.
Hereupon, the Wyer-drawers petitioned against this Monopoly of Alderman Gibbs and Alderman Wollaston to the Parlament in 1640. and therein set forth that this Monopoly was contrary to the Common Law, and against the Statute of 21. Jac. concerning Monopolies; and contrary to the Liberties of the City of London; And that this monopoly was for the excessive profit of the Refiners, for that they could buy their silver at a moneths time 3 pence an ounce cheaper; then they were forced to pay the Refiners ready money: And this was affirmed in Parlament by Thomas Joles, Robert Patrickson, Laurence Whalley, Nathanaēl Seabourn, and several other Gold-wyer-drawers.
Upon Examination of this Business by the Parlament, the Patentees (Alderman Wollaston Alderman Gibbs, &c) were commanded to bring into the Hous their Monopoly, and then the Wyer-drawers got quite free from it by Parlament.
The Refiners (Alderman Wollaston and Alderman Gibbs) to avoid the punishment which might justly have been imposed on them by the Parlament, according to the Statute of 21. Jac. cap. 3. [Page 66] concerning Monopolies. When they saw they could hold their Monopoly no longer, and that the Parlament was called, they petition to have their Pattent of Agencie dissolved, as if it had been put on them by force and against their wills, alledging, That they were sued in the Starr-Chamber; and that (to avoid a sentence there, being terrified by the example of the Soap-boilers and the Vintners) they accepted of beeing his Majesties Agents.
When the truth was, they accepted of being the Kings Agents for the sole refining and vending of One hundred thousand pounds silver a year for this Manufacture, out of a covetous desire to enrich themselvs, and unjustly did exclude all Goldsmiths and Wyer-drawers that had served their time to the Trade; and by their undertaking this Monopoly, they got their Pardons under the great Seal of England for many great, as may appear upon view of their Pardons.
That they were sued in the Starr-Chamber, it is very true: For such Crimes, that had the Cause proceeded, and witnesses then been examined, and the Court given Judgement against them, they had been both undone.
To my knowledg, this was their chief Plea in Parlament; and so they flung dirt in the Kings face (for his mercie towards them) by their Petition which they presented to the House.
Though before the Parlament, they would neither let Goldsmiths nor the Wyer-drawers to have a free market; but stiffly insisted on it, ever when it came to a dispute, That the Refining and preparing Gold and Silver wyer, did absolutely belong to the Refiners; and so excluded the Goldsmiths of London: And by their Monopolie excluded all other persons from the Trade, but onely eight persons (the Kings Agents and Pattentees. These Agents laid out of their own purses Two hundred eightie and two pounds three shillings for repairing the Office; which they gave me a Bill of under their own hands; and desired mee to move Sec [...]etarie Cook to get the King to allow it them. I did [Page 67] so; but the King returned them answer, That if it had cost them ten times as much, hee would not allow one penny; for hee had Ordered Alderman Wollaston and Alderman Gibbs to have their Pardon, and that in that hee had given them Ten thousand pounds. I have the Original Bill by mee.
Several times this Monopolie of the Refiners was opposed, and argued oftentimes at the Counsell Table, and before the King; Commissioners in Little Brittain, and at Mr Attornie General Bankes Chamber (both before Alderman Wollaston and Ald. Gibbs got their Monopolie, and after they had their Pattent) some of the Wyer drawers and some of the Goldsmiths and Silkmen (chiefly Sir George Binion a Silkman, for the Silkmen; and the Wardens of the Companie of Goldsmiths, for the Goldsmiths; and all the chief Wyer-drawers, in behalf of themselvs and their Fellow Wyer-drawers) opposing Sir John Wollaston and Alderman Gibbs Monopolie, and desiring to have a free market to buy their Silver. But the Refiners still made such potent friends, (no doubt their Gold flew plentifully amongst the Courtiers, or else they could not have carried it) that neither VVyer-drawers nor Goldsmiths could buy of them or sell either silver or wyer for any the manufactures aforesaid; but all must bee bought of Alderman Wollaston and Alderman Gibbs, and others the Kings Agents and Pattentees, till 1640. that that the same was overthrown in Parlament.
DUring the Prosecution and Contest of this business between the Goldsmiths, Gold Wyerdrawers, Refiners, and Silkmen, about the frauds and abuses committed in their Trades, (each man putting it of from one to another.) The King and Lords of the Counsel cast about, How to bee truelie informed of all these abuses, and to search into the bottom of all this Knavery and Cheating: [Page 68] Several wayes were propounded. At last, the Lords of the Counsel Ordered a private Search and Inspection into all Silkmens and Gold Wyerdrawers shopps: And afterwards, the King and Lords impowered mee Thomas Violet, under the Great Seal, to make these Searches frequently, to prevent srauds in Wy [...]rdrawers and silkmens shops, and in any other places where I conceived slight and bad Silver and Gold Thread and Wyer was, and to seaze the same, and if I found it bad to deface it, and to certifie their names to the Kings Counsel or the Attourney Generall.
And the Lords of the Counsel, at that time, Ordered Sr Henry Mldemay to send several persons to buy small parcels of Gold and Silver Wyer and Thread, Spangles Purls, Oas &c. in almost all the Silkmens and Wyerdrawers shops in and about London. That so they might bee truely informed, upon an Assay by the sworn Assay-master at Golsmiths Hall Mr Alexander Jackson, what manner of gold and silver Wyer and Thread, Spangles, Oes, and Purl; (and the Standard of the Silver) was made and vented for good silver. I do verily believ, There was never a fuller or clearer Discoverie of Frauds and Cheatings in the world, then was discovered at that time:
For Mr Jackson the Assay-master of Goldsmiths Hall hath Reported everie particular Assay by it self, and Master Humfrey Worthington, Mr Thomas Johnson, and Mr Leonard Welsted have set down the dayes of the moneth and the year, the Silkmen and Wyerdrawers shopps, and their names, where they bought this cours adulterate Silver Thread and Spangles, and that they bought it and paid for good silver, I have both the original Certificates ready to be produced.
The Title of the several Assayes is, ‘TRialls made by me Alexander Jackson (sworn Assay-master of the Right Worshipfull the Company of Goldsmiths, for his Majesties service) of certain Quills of gold and [Page 69] silver Thread, Spangles, Plait, and Wyer for and by the apointment of the Right Worshipfull Sr Henry Mildemay Knight, as followeth, being first burnt and melted, and assayed, brought by Sr Henry Mildmay the 9th of July, 1635. to Goldsmiths Hall.’ The Kings Standard for Starling silver is Eleven ounces Two penny weight Fine upon the pound. The Assayes follow, viz.
The particular Originall Reports I have readie to produce to the Counsell of Trade, wherin they will see the great Cheats put upon the Nation by some Refiners, Wyerdrawers, and Silkmen.
At the bottome of the original paper, this followes, viz.
These are the severall Assayes of the silver Spangles, plaited Wyer, and silver Thread, made and Reported by mee Alexander Jackson; They being all under Starling and against the Laws of the Kingdom. Some part of these Assayes I made by the appointment of Sr Henry Mildemay Knight, in the year 1635; and some part of which falsified and defective silver Thread, flatted Wyer, and Spangles were brought to mee by Mr Tho Violet, in the year 1638.
By Order of the Lords of the Counsel I Tho. Violet paid Mr Jackson Five pounds for this Service.
And this silver Thread, Wyer, Spangles, &c. was one hundred and odd several parcels made, contrarie to the oath of every Goldsmith, Wyerdrawer, and Refiner, when they are made free at Goldsmiths Hall. I humblie leav it to [Page 70] bee considered on, whether this manufacture ought not strictly to bee looked after and duelie regulated, when neither Oaths nor bonds will keep them to work good [...]lver.
For executing of my Office justlie and strictlie, to hold the Refiners and Wyerdrawers to a Rule, to make all their wyer and thread of good silver, and punishing the Offenders, manie of them I brought to Justice. And I shewed the King how hee was cozened in the Mint of Three thousand Pounds a year (which caused Alderman Wollaston secretly to hate mee mortally) And hee caused mee to bee clapt up (by his incensing some members of Parlament against mee) in the Tower, in Januarie 1643. when hee was Lord Major of London. And the Parlament kept mee close prisoner there Nine hundred twentie eight daies; and Fourteen Moneths more, in which I had libertie to go at large in the Tower; upon the pretence I was a Malignant, when the truth was, Alderman Wollaston vented but his private malice against mee.
Upon this occasion viz. Alderman Wollaston having put up to the Parlament in the year 1640, a Petition, slighting the Kings mercie and goodness towards him, in giving him his Pardon; when I saw Alderman Wollaston's carriage in that Petition hee presented to the Parlament, I then told the King, in the year 1640. that Alderman Wollaston joining with some of the Officers of his Mint had made a fraudulent agreement to melt all the silver in the Mint, which was to make monies; and hee to have from the King the allowance of 16 grains upon the pound Troy, which is 2 pence the pound weight Troy, for all the silver hee melted in the Mint. This agreement was made without either the King's or the Lords of the Counsells knowledg or approbation, nor was there anie allowance or power under the Great Seal of England for him to receive these fees, or the Officers of the Mint to grant them to him.
By which fraudulent bargain, the King was defrauded [Page 71] of neer upon three thousand pounds a year, from the year 1630. to the year 1640. And Alderman Wollaston put up all this monie in his own particular purse, the King nor Lords never knowing any thing of this blinde bargain.
Alderman Wollastons place in the Tower being so inconsiderable in the eie of the State, and in the reputation of the world (the melter of the mint being but the Master workers servant) that Alderman Wollaston never had a Patent for it under the Great Seal, whereas the Master worker of the Mint hath a Pattent; the Warden, the Assaie-master, the master of the Irons, the Engraver, the Comptroller, the Teller, and several other Officers of the Mint, have all of them their several Pattents under the Great Seal of England for their several places.
Now Alderman Wollaston's place was worth every year to him more monie then all the aforesaid Officers of the Mint, twice told; for every year hee cleared near three thousand pounds a year, as I proved to the late King, and I can prove it to your Highness, the Parlament, and your Counsel, whensoever you pleas: and all the Officers Fees in the Mint did not amount to one thousand pounds a year. A strange fraudulent trick, that a servant (for in the Mint Alderman Wollaston was but the master workers of the mints servant) should get six times more then his master, and three times more then all the Officers in the mint: It was the profits of this Place raised him principally to bee an Alderman.
But this is no great wonder, when the masters of the mint (for many years) are and have been ignorant of the mysteries and perquisites of their places, to the great dammage of the Nation in many particulars. In former times it was not so; Goldsmiths and Artists were masters of the mint, that knew the course of Exchanges, and held Correspondence with Forrain Bankers and merchants: no Age can shew (afore this) a Doctor of Physick master worker of the mint; and had not I stopped at one time [Page 72] three hundred thousand pounds of silver, the Irons in the mint would have been rustie. I caused more money to come to the mint at one time (1653) then hath been coyned this seven yeare besides that money.
Upon this my Information to the King, hee presently sent for Mr Andrew Palmer, the Assay-master of the mint, and Mr Henry Cogan, the Comptroller of the mint, and examined the business about Alderman Wollastons Place in the Tower, and commanded mee to bee by, and to declare before them what I had told his Majestie concerning Alderman Wollastons Place of melter in the mint. And when they heard what I said, they confessed it to bee a truth, that Alderman Wollaston had in ten years (beeing esteemed but as a servant by the condition of his Place in the mint to the Head-Officers, the master Worker and Warden of the mint) gotten more by his melting of the Silver in the mint, then all the Officers of the mint (put them all together) had done.
Whereupon the King was wonderfull angry with them, (they beeing his Officers in the Mint,) that they would suffer such a thing, and not acquaint him or his Counsel with it; And asked, If my Lord Treasurer, or Lord Cottington, or the Lords of his Counsel allowed him to have such Fees and allowances, or knew that Wollaston made such Gaines in the Mint, by being Melter of the Gold and Silver. They told his Majestie, No; they did believe none of them knew it, nor any others but the Officers of the Mint; for that it was a mysterie and few did know it: Thereupon, the King swor [...] his Officers of his Mint must either bee Knaves or Foo [...]s, to let such an one as Alderman Wollaston gull him of three thousand pounds a year, and to give such a Place of Profit to any, without his consent or the consent of his Privy Counsell, or any of his great Officers. And then the King solemnly protested. He would have an accompt & satisfaction for this Business; And that hee would not allow Alderman VVollaston Thirty thousand pounds for that hee could have done for One thousand pounds. This was about ten daies before the King went [Page 73] from London, and had hee ever came again in peace, (in my conscience) this business had been called to a strickt accompt: and the King thereupon gave mee Thomas Violet the place of Master of the Mint, and to have the fee of five hundred pounds a year, And that I should execute Alderman Wollastons place, of melter without any fee upon account of the Masters fee and no more: I was to melt the Gold and Silver upon oath, not to have any benefit but only my fee of five hundred pound a year, as master worker of the Mint: Alderman Wollaston came to hear of this business afterwards, (in all likelyhood) by Mr. Palmer or Mr. Cogan, and this was the true cause of Sr John Wollastons getting mee to bee sent to the Tower, when hee was Lord Maior of London. One other chief reason of my sending to the Tower was; som Marchants of London and others (that had transported vast quantities of Gold and Silver out of the Nation, & had melted down many score thousand pounds of heavy currant English money, for gold and Silver wyer and plate) finding that I was commanded by Mr Pym and Mr Hamden, and other honorable members of Parlament to attend the hous, about passing an Act of Parlament in the hous, to question all such as had transported Gold or Silver, without licence, (The order for my prosecution of this business against the Transporters of gold is in the Journal book of the Parlament, 18th of March 1640. As will thereby appear, and the severall orders and transactions thereupon) Therefore the transporters of Gold and Silver, and the cullers and melters of the heavie silver coyn of the Nation, fearing if I was not clapt up in the Tower, or some other place, they should bee questioned for their transporting Gold and Silver: These men cryed mee up in the Citty, and to the Parlament for a malignant, and incensed som worthie members of Parlament against mee, that did not know these mens true reasons, nor the bottom of their malice; so I was sent to the Tower: But in the mean time, what mischief the Commonwealth hath gotten by not passing the Act against the transporting [Page 74] of Gold, which I was ordered by the Parlament, to prosecute, as appears by the Journals in Parlament, as I before said 18th of March 1640. The not passing this Act hath given an opportunity that all the Gold is sent out of the Nation, And now many propound the only remedy is to raise Gold (Not considering the great mischief and loss that attends raising Gold or Silver) The like mischief will suddenly fall by suffering Goldsmiths to bee the publick Cashiers, they by that means, cull and melt down the heavy monies of the Nation, And when all is culled and melted down and transported, (as I have often times said) then there will bee a proposition for the raising of Silver, to the unspeakable damage of all Landed Gentlemen, and the Nation in generall will bee impoverished so much as you rais Gold or Silver.
This mischief hath com by suffering Goldsmiths to becom exchangers of Gold and Silver and fortaign Coyns, whereas that doth only Properly by the Law of the Nation belong to your Highness, And till an exchange bee set up by your Highness, (and the Goldsmiths upon great penalties restrained only to their working of Plate and gold Rings and Iewels and selling them,) It is a thing impossible to prevent the transporting of Gold and Silver, as I have formerly shewed; which the Counsell for Trade will finde upon examination to bee true To which I humbly refer my self.
I Had at this day kept these Trades Refiners, Gold-wyer-drawers, Silkmen, Weavers and Button-makers (for so much as concerns the Silver) in that good order, by my Office of Surveyer and Sealer, that no course Silver should bee made or spent in these manufactures. And I humbly say, I doubt not but I shall receive thanks from this Parlament and the Counsel of Trade for my care, in discovering so many of these deceipts and frauds in these Trades: As I shall particularly make appear before the Counsel of Trade upon examination of this Business, it [Page 75] will save the Nation and the wearers of Gold and Silver many thousand pounds a year. My true end of doing this is, that the Trade may bee regulated, and my place of Surveyer and Sealer restored, and I authorized (as I was formerly) under the Great Seal of England to search, survey and seal all these manufactures, and to see them justly made, and to have such a just Fee as may support my expence, and in some reasonable proportion pay for my paines and hazzard I undergo by warranting the manufacture of Gold and Silver thread, &c. to bee all good to the Nation, and made according to the Standard. The wearers will have this benefit, they shall bee secured of good Commodities, that doth last as long again as the greater part of the manufacture doth now; and when it returnes to the melting-pot, it will make them, in some sorts of lace, as much again as it doth now; and it will save many thousand pounds a year which is brushed and rubbed away, if the silver thread bee duely made with a due proportion of Silk, according to the just Rules as I setled formerly in my Office.
There are several unlawfull Engines, called Wheels, that twist the Silver on the Silk so sleightly, that all those that wear Silver spun by these Wheels are meerly deceived. The women Spinners (being some thousands) have from time to time complained of them, both at the Counsel Table and at the former Counsel of Trade, and the Kings Commissioners by several Orders put down the Wheels. I most humbly desire, the women Spinners, may bee heard at the Counsel of Trade, concerning that and other abuses in this manufacture. They will acquaint them, that whereas good Gold and Silver thread should hold six ounces of silver and three ounces of Silk ought to bee the due proportion for the making Needle gold and silver, and five ounces of silver to three ounces of Silk, of the sleightest: now the manufacture is ordinarily made, for some sorts of silver [Page 76] thread six ounces silk to three ounces silver, and so the wearers are cozened half in half; besides, the silver lace is so sleightly made (for many sorts thereof, being both cours and adulterate, and so thinly covered that it loseth the colour) is bruised and rubbed off from the Silk, and little returns to the melting-pot: These particulars will clearly bee proved (before the Counsel of Trade upon examination) by hundreds of witnesses when it comes to bee examined; And it is a great Abuse put on the Nation.
Here follow the principal Heads of the Refiners Monopoly.
IN the month of May 1636. an Indenture was sealed between the late King on the one part, and Alderman John Wollaston and Alderman William Gibbs, Henry Patrickson, Daniel Stallworthy, William Howard, Richard Gibbs, Thomas Nowell, and Walter Hill of London, Refiners and parters of Gold and Silver, on the other part.
1 That the late King did by his Proclamacion, 18. Jan. 12. Car. declare his will and pleasure, to bee for the time to com, that none of the Coyns, or Plate of this kingdom should bee spent in the making of Gold, or Silver thread, wyer, purles, plate oas spangles &c. but of such Silver only as should bee supplied from farrain Parts, by such persons as his Majesty should thereunto appoint.
2 And that none of the currant Gold and Silver Coyns [Page 77] of this Realm, should hereafter bee moulten down by any Refiner Goldsmith, or other person, And that all gold and silver whatsoever, which hereafter should bee imployed, used, or spent about this Manufacture, should bee refined prepared and disgrossed, only by such persons, as his Majestie should assigne in that behalf, And should be by them sold and delivered, (and by no other) to all and every persons which should work the same.
3 And that his Majesties Agents should take care upon the vending or sale of any Gold or Silver, to any person or persons whatsoever, for the uses aforesaid; that there bee answered and paid to his Majesties use, six pence an ounce Troy in wyer, of all Silver sould, aswell toward the provision of Bullion from beyond Seas, as for recompence of such loss his Majestie sustained in his customes by the less importation of the premises.
4 His Majestie having had experience of the Abilities, and Skill of the said John Wollaston, William Gibbs, Henry Patrickson, Here the Refiners in this Monopoly are called his Majesties Agents. They ma [...]e such a bargain with the King, that Cap. Williams offered to furnish the silver 2000. l. a year cheaper (and to put in security of 10000 l for performance) then the said Monopolists did force the [...] Wyer-drawers, to pay: for all other Persons, but the Kings Agents, were prohibited to sel silver for this Manufacture, as appears by their Indenture under the great Seal. This Monopoly is flat against the Letter of the Law 21. Jac. chap. 3. Daniel Stallworthie, William Haward, Richard Gibbs, Thomas Nowell, and Walter Hill, (who, as his Majesties Agents appointed by his majestie, hath since the aforesaid regulation, sould all the aforesaid Silver and Gold, for the aforesaid manufactures) And in further pursuance and execution of his majesties intention hath appointed constituted and made for him & his heires and successors, and did by the said Indenture appoint constitute & make the aforesaid John Wollaston, William Gibbs, Henry Patrickson, Daniell Stallworthie, William Howard, Richard Gibbs, Thomas Noell, and Walter Hill, and the survyvors of them, The Agents, of his Majestie his heires and successors, for the furnishing, refining, dissgrossing and selling one Hundred Thousand Pounds, [Page 78] worth of Silver and Gold yearly, and every year, or yearly so much more thereof as shall or may bee by them jointly vended, uttered, or sold, in the I beseech you Note, Alderman Wollaston, and Alderman Gibbs have 1 [...] shares of 3 [...] a full half of the Trade of all the Rest of the Refiners, who all of them had great houses, wives, and families to maintain: And they two, for their particular, sold their silver for above a thousand pound a year dearer then it was offered by several people to furnish the workers. And Alderman Gibbs and Alderman Wollaston had both of them their pardons for abuses practised by them in their Trades: so that this Monopolie did their work every way. but, had the Law been followed against them, for abuses don by them in their Trade, they had been undone. making the Premises: which shall bee devided into thirty two parts and shares; John Wollaston shall have the furnishing and selling of Eight parts of the Thirty two parts, William Gibbs shall have the providing and selling of other eight parts of the said Thirty two parts, Henry Patrickson of two parts and one quarter part of the said thirty two parts, Daniel stallworthie shall have the selling of three parts, and one quarter part of the Thirty two parts. William Haward shall have the [...]efining and selling of two parts, and one quarter part. Richard Gibbs shall have the refining and selling of three parts of the said Thirty two parts. Thomas Nowell shall have the providing, refining, and selling of two parts and a quarter of the said Thirty two parts. And Walter Hill shall have the providing and furnishing, refining and selling three parts of the said Thirty two parts.
I most humbly desire your Highness to bee pleased to observ, Mr William Haward was formerly Mr Alderman Gibb's man, and one of the King Agents in this Monopoly with Alderman Gibbs and Alderman Wollaston. Mr William Haward was questioned by mee, and proved to have counterfeited the currant Gold and Silver monies of this Nation, and for making Gold and Silver Wyer with a core of Copper (which was one half Silver and one half Copper) which hee made into Gold and Silver Wyer and Thread, and sold it for good Gold and Silver Wyer and Thread; and I caused him to bee apprehended, and his tools seized on at Old Windsor, twenty miles from London: And afterwards I took him in Southwark, with one Morse a Refiner (as cunning a Rogue for counterfeiting of money as ever was of the Trade of Refiners); Mr Haward hee had the common luck [Page 79] of the Refiners, for hee had his pardon for his offences; viz. Coyning of Money. An ordinary Crime with some Refiners.
Mr William Morse (Mr William Hawards man, another Refiner also) I took him with a Porters load of Coyning Irons in St Thomas the Apostle in Southwark; hee was both Coyning and making Silver (at one time) with a core of Copper, half Silver and half Copper, to make Gold and Silver Thread. I have the Assaies under Mr Jacksons hand, the sworn Assaymaster of Goldsmiths-hall: And this Silver and Copper Wyer was made into Thread, and was usually sold for good Silver by Mr Morse, Mr Mantle, and Mr Rhodes: I took Mr Rhodes, Mr Clark and Mr Mantle (Wyer-drawers) making of Spangles above one third part Copper, mixed with the Silver, within the Rules of the Kings Bench (they thought they had been safe there in a Prison, but my Officers I imploied found them out). Likewise I took one Mr Geares, and caused him to bee Indicted at the Sessions House in the Old Baily; (this was after I had found him working at the Old Ford, in Shoreditch, White Chappell, Goodmans Fields, and in other blinde Places) and when I saw hee would take no warning, I caused him to stand in the Pillory, for selling silver with a core of Copper for good Silver; I imploied all the year four men in the four parts of the City and Suburbs to make these searches and seisures, and they were paid one hundred pound a year, during all the time I had the Office. This Geares made many thousand pounds of Gold and Silver thread, half Copper and half Silver, and sold it all for good Silver in London. I did also upon search seize upon several quantities of Silver Lace mixed with Copper, in Alderman Garwayes Hands (which by several Wyer drawers and others was sold to Merchants that traded to Russia); and there it was found out and detected by the Russians, and sent back to England to the Governour of the Company (Alderman Garway) to have these Wyer-drawers in London found out and punished, that had dishonored the Nation in making Gold and Silver lace mixed with Copper, and selling it to Russia Merchants for good silver. This Lace [Page 80] was one Mr Sand's lace (Sr George Sand's brother) who was deceived in it. I made Twentie men runn away about this Business.
There have been within this few years several other Refiners and Goldsmiths indicted at the Sessions Hous in the Old Bayly for counterfeiting gold and silver; (the Coins of the Nation) who have so craftily managed their business, that some of them have escaped hanging by miracle.
If I have my Office established again, I wish them to forbare coming thither to the Old Bayly, any more for I know by what tricks they have deceived the Jurie and the Court. These men and their fellows are angrie with mee▪ and would by no means have mee to have the looking after the regulating of the Trade of gold and silver Wyer and Thread. And indeed they have reason; for (had I my Office again for Sealing and Surveying this Manufacture) I should spoil many a mans cozening Trade, which hee daily now practiseth, in deceiving the Commonwealth by the deceitfull making these Manufactures of silver Wyer and silver Thread &c. For I found out where Silkmen had sold to some of the Nobilitie and some Honorable persons silver lace mixed with Copper for good Silver. I caused the offenders to bee prosecuted in the Starr Chamber for it; and caused them to make it good to the parties wronged. In brief, for Five years I caused all the Gold and Silver that was spent in this manufacture to bee duely and justlie made: (The value yearly out of Silkmens shops in London, when it was made into Lace and Ribbins, Spangles, Oes &c amounted to above Two Hundred thousand pounds a year Starling, as I have calculated it by my Accompts; for it all passed my Seal and Survey, either by mee or my Deputies, such as I was to answer to the Commonwealth for the true performance of their Places, and gave Securitie in the Exchequer for their just performance.) I caused all these manufactures to bee made so justly and exactly as the Plate and money of the Nation.
And though some that I caused to bee punished for their cheating were and are angrie with mee, and got others to back them with [Page 81] complaints; by their petitioning to the Parlament in 1641. That I had caused some of them to bee imprisoned, disturbed them in their Trades, and spoyled and defaced their Wyer, Thread, and Spangles &c. and made searches and seisures in their shops and houses. Trulie I confess this part of their petition was true, when I found their Silver was adulterated.
This I did whilest I had my Office. And afterwards, for want of doing it, the Nation was Cozened, and at this day is Cozened (as I can shew in one hundred and odd several parcels of cours and adulterate Silver and gold Lace, Spangles, Purl, Oes and Wyer) All under the hand of Mr Alexander Jackson sworn Assay-master of Goldsmiths Hall.
For the cheating Fellows of the City (let them bee either Wyerdrawers, Silkmen, or Refiners) I dare sware (whether they bee rich or poor) I gave them little reason to love mee or wish mee well; for I hindred them as much as I could: And I never knew a Thief love a Judg heartily. But there are honest men of these Trades, both Refiners and Gold-Wyerdrawers, and Workmen, which desire, I may have my place restored to mee; and that wish, the abuses of their Trades and Manufactures may bee redressed: For all honest workmen are undone for want of a regulation, and power to bee settled on some select persons to punish, the offenders; And reduce their number, only to such as have served Apprentices to the trades, and to make the workers to conform themselves to such orders as your Highness and Parlament shall see best for the preventing the waste of the Coyn, and Plate of the Nation. I have humbly presented a Model for a Regulation of the abuses to the counsell of Trade to which I humly refer.
ALderman Gibbs and Alderman Wollaston, &c. were authorized in any part of the Realm of England and Dominion of Wales, by their Monopoly to prepare and fine One hundred thousand pounds in silver and gold yearly and every year; or somuch thereof as may yearly by them bee jointly vended, uttered or sold, according to the Rates and Provisions aforesaid. To have and to hold the said powers, licences and authorities, and all and singular the premisses unto them the said John Wollaston, William Gibbs, Henry Patrickson, Daniel Stallworthy, William Haward, Richard Gibbs, Thomas Nowel, and Walter Hill, during the term of seven years, from thence forth next ensuing fully to bee compleated and ended; And that without any accompt to bee made for the same to his Majestie his Heirs or Successors.
5. And they Covenant they will sell no silver or gold for these Manufactures, but to such persons that shall bee admitted to work and bee allowed to buy the same. And also that they shall and will pay the aforesaid Duties to his Majestie his Heirs and Successors, which was sixpence upon every ounce Troy of Silver spent in this Manufacture.
6. They Covenant with the King, that they nor their servants shall not melt down or bee consenting to the melting down of any the currant Coynes of the King his Heirs or Successors, or the Plate of the Nation, for any the Manufactures aforesaid, except such onely as shall arise and return off and from any gold and silver Thread, Lace, Purles, Oas, Spangles or Wyer, or shall bee imported from the parts beyond the Seas, and hath not been manufactured in this Nation.
And all and singular these Grants, Powers, Licences and Authorities before given and granted, they shall lawfully use and Alderman Gibbs and Alderman Woll [...]ston binde their Monopoly to them as fast as they can; it must break through all former Laws for their private and particular profit; it must oppress Goldsmiths, Wyer-drawers, Silkmen, and all other Tradesmen whatsoëver it. Their Monopoly must go through thick and thin, though against the Law; no Act, Statute or Ordinance, Proclamation, Provision or Restriction formerly made whatsoëver, shall or can stop or contradict them; this was the pace and furious carreer of Alderman Gibbs and Alderman Wollaston while they were the Kings Agents in the Kings time; but to save their skins (when the times altered) they could presently change their notes, put on sheep-skins and would appear as Lambs; they would be full of godlie expressions in Guild-hall, Goldsmiths-hall, and many other places in the City, and bee highly for the Covenant, and amongst their Brethren storm at the oppression of the Times, and at Projectors and Monopolizers (when there was none greater then themselvs, as appears by this Monopoly). They have said at a common Hall in Guild-hall (when I was sent to the Tower) that I was the Monopolist and Pattentee for this Manufacture, when truly I neither had heart or hand in it, nor any manner of wa [...]s concerned in the buying or selling the silver Wyer for this Manufacture. If I would, I could not; for the aforesaid Ind [...]ture between the King, Gibbs and Wollaston sets forth, that onely eight Refiners were the Pattentees, and none others. enjoy, notwithstanding the Statute made in the fourth year of Hen. 7th cap. 2. and notwithstanding the Statute made in the 5th and 6th years of Edw. 6th cap. 19. intituled, The Penaltie for Exchange of Gold and Silver. And notwithstanding the Statute of 18 Eliz. cap. 15. or any other Act, Statute, Law, Ordinance, Proclamation, Provision or restriction whatsoever to the contrary in any wise notwithstanding. And his Majestie for Him and his Heirs and Successors did will, ordain and declare, that during the continuance of this his Grant, his Majestie his Heirs and Successors will not give or grant any libertie, licence, or power, or authoritie to any person whatsoëver, other then unto such as have already served or shall hereafter serve as Apprentices wholly and only to the Art of Refining and parting Gold and Silver by the space of seven years (as the said John Wollaston, William Gibbs, and other the parties before named have done) to bee made, expended and imploied in or about the making gold or silver thread, or any the several Manufactures herein before mentioned.
And the afore-said persons every one for himself did covenant and promise to and with his Majestie his Heirs and Successors, that from time to time, during the terme granted, to perform their best endeavors in and by all lawfull waies and means for the promoting and advancing of his Majesties benefit and service in the premisses.
And his Majestie, for him, his Heirs and Successors, during the term thereby granted, did Covenant to vouchsafe his and their assistance to the said Agents and the Survivors of them, for the better performance and discharging of the said Agencie, and all other the premisses so by them undertaken, according to the tenor and true meaning of the said Grant: In witness whereof, to the one part of this Indenture remaining with the said Agents, Our Sovereign Lord the King hath caused the Great Seal of England to be put; And the other part remaining with his said Majestie, the said John Wollaston, William Gibbs, Henry Patrickson, Daniel Stallworthy, William Haward, Richard Gibbs, Thomas Nowell, and Walter H [...]ll have set their hands and Seals the day and year first above written, Anno Dom. 1636. Witness Our Self at Westminster the 7th daie of May, in the twelfth year of our Reign.
I have the Copie of this Monopoly of the Refiners verbatim at large, sworn and attested; ready to bee produced, if required.
THese are the chief Heads of the Monopolie granted by the late King Charles 1636. to Sir John Wollaston Alderman, and Alderman William Gibbs, and others, Refiners of the City of London.
This monopolie was complained of to the late King and his Counsel by some of the Wardens and Companie of the Goldsmiths in Anno 1636. and since oftentimes to the late King and his Commissioners, both by several Goldsmiths and Wyerdrawers (as being a great loss and abuse to the whole Company of Goldsmiths) in Annis 1637, 1638, and 1639, and is against the Statute of 21. Jac. cap. 3. and several other Acts of Parlament, and against the Common Law of the Land, and the Charter of the City of London.
By this monopoly they ingrossing into a few particular mens hands for their private lucre and gain (under the specious pretence of the Kings service, which was the ordinary mask used by Pattentees and Monopolists of that time) the lively-hood and subsistance of many hundred Goldsmiths and Wyerdrawers, which by the Charter of the Company of Goldsmiths ought not to have been debarred, and by the custom of the City of London were legally impowered to refine Silver and Gold, aswell as the said Refiners were.
And though this was oftentimes offered, it was alwaies denied and opposed by the Refiners, who had got this monopoly in their Iron clutches, and would not let go their hold, till their monopolie was put down by the Parlament, upon the Petition of the Gold-wyer-drawers, as aforesaid.
I have left with the honorable Committee for Trade, (in Aug. 1656.) several humble Proposals for the just and due regulation of this Trade of Refining and Gold and Silver-wyer-drawing. If they bee put in execution, the Manufacture will bee again justly and truly made, the Coyn and Bullion of the Nation preserved, and your Highness Revenue augmented: But, as the Manufacture of Gold and Silver Thread, &c. is now made, the wearers thereof are many of them cozened, and the Coyns and Plate of the Nation [Page 86] melted (to the great dammage of the Nation) and every day new Cheats are invented, to deceive the Wearers by Wheels or Engines. Therefore I most humbly pray for either a due Regulation of Gold and Silver Thread and Wyer, &c. or the making to bee put down in England, especially at this time now wee have a Warr with Spain, strictly to look that none of the Coyns of the Nation, or Plate, bee melted down for any of these Manufactures.
8. That within these three months (in June last) Mr Alexander Jackson (the Assaie-master of Goldsmiths-hall) beeing desired to go to the Excize-Office, to make an assay of some Silver that was made into Wyer for this manufacture, seized on an Ingott of course Silver about 30l. which was thirteen penny weight worse then the Standard; And weekly (upon strict examination) it will bee found that great quantities of course silver hath been made into these Manufactures. This Silver (as I am informed) belongs to a Refiner, and it is both contrary to the Law and a breach of his Oath to prepare any such Silver for any Manufacture.
I have many Assayes under Mr Jacksons hand (the Assay-master of Goldsmiths-hall) where four ounces of Copper hath been mixed and put into eight ounces of Silver, and sold for good Silver (by some Silkmen and Wyer-drawers), to the intolerable deceipt of the Wearers of gold and silver Lace.
And whereas all persons should make gold and silver Thread to hold six ounces Silver to three ounces of Silk, it hath been ordinary, and at this day is made, to six ounces of Silk but three ounces of Silver; the Silk many times heavy died; the Wearers many of them are cozened, and their garments spoyled: And many other Cheats and frauds I could particularize.
9. When I delivered an Accompt of these gross deceipts to the King and Lords, and upon examination they finding these Abuses to bee so frequent both amongst Refiners, Silkmen and Wyer-drawers; The King and Lords of [Page 87] his Councel having often imployed mee in these Discoverics of the fraudes of the Wyerdrawers, They ordered mee Thoms Violet Anno 1635. to bee Surveyer and Sealer of all these manufactures, for three lives, under the Great Seal of England; And to have and receiv to my own use One Halfpenny the Ounce for Wyer, and 4 Pence the pound Venice for all gold and silver Thread I Sealed and Surveyed: And prohibited all persons to put silver or gold Thread to Sale before it was warranted by the Seal of my Office, being the Rose and Crown.
In consideration of this Fee aforesaid I Covenanted, and put in Securitie to the late King in the Exchequer; That if any gold or silver Thread, Spangles, Purls, Oes, or Wyer should bee Surveyed and Sealed, or passed out of my Office either by mee or my Deputie, which was cours or adulterate silver, under sterling, or not justlie made; the Thread with a due proportion of silver, at the least five ounces silver to three ounces silk: I was bound, and am bound to this day, to answer and pay all Damages to any person grieved or wronged in the Nation, concerning the Premises. And neither the Wyerdrawers nor Silkmen could in Parlament produce one parcel of silver thread that I sealed in the Office, or that was sealed by my Officers, to be cours silver, or under the Standard. And for five years I caused this Manufacture to bee made so exactly as the money and Plate of the Nation is now made; and the best gold and silver Thread in the world.
Without my Fees which were allowed mee under the great Seal of England I could not bee at the Charge of searching and Sealing; and without my Sealing and Surveying I cannot warrant this Manufacture of gold and silver Thread and Wyer &c. to bee good, and truely made, both for the fineness of the silver and a due proportion of silver to a due proportion of silk: and without this Regulation, everie workman is left to do what hee list, both for the fineness of the silver, and the due proportion of silver to silk. And at this day (for want of my Office) many frauds and deceipts are put on the Nation and all them that wear this Manufacture, which [Page 88] I am bound to prevent, or make good the Damage to the Nation, or to any that shall bee deceived: Which cannot bee exspected from mee unless I receiv my Fee to defray my Charge and hazzard I run in warranting all this Manufacture to bee good, and justly made: And of the justice and Equity of this I conceiv there can bee no dispute.
NOw, at this day the Manufacture of gold and silver Thread, Wyer, Spangles, Oes, &c. is under no Rule nor Regulation; either for the Fineness of the silver, or the just and due making the silver thread with a due Proportion of silver to a due proportion of true died silk; but it is left to every one to do what hee lists, and to Cozen the Commonwealth; and to cull and melt down the Coins of the Nation: And if the Refiners can get but the Goldsmiths to melt down the heavie Coins as shillings, sixpences and halfcrowns, which they do at this day, and as they are wont to do ever when silver is above the price of the Mint; or when wee have Wars with Spain, then generally silver is dearer then the Price of the Mint.
The Refiners think themselves clear, and the Law cannot touch them if they buy heavie shillings and sixpences melted into Ingots: And by this way all the heavie currant silver monies and Coin of this Nation is melted down. This heavie, English silver monie (for the greater part) is called and weighed by Goldsmiths in Lumbardstreet, who keep people purposely to cull and weigh the heavie shillings and sixpences of this Nation, when silver is dear.
May it pleas your Highness, Wee shall not have monie [Page 89] to buy and sell, nor to hold Commerce, nor pay Rent or publick Duties, if this mischief bee not stopped.
When I was an Apprentice, I delivered with mine own hands, for one Mr Eman's Account (who was my Master) to Alderm. Gibbs above thirtie thousand Pounds of heavie shillings sixpences and halfcrowns, which hee bought of my Master Mr Timothy Emans a Goldsmith in Lumbard Street; The said Mr Emans then being a publiuqe Cashier for severall Marchants, and receiving their monie, and keeping their Cashes: by which means hee culled, and caused to bee culled and melted everie year in heavie shillings and sixpences above Thirtie thousand pounds a year, from the year 1624 to the year 1630 into Barrs or Ingots. And there was many Goldsmiths in Lumbard street at that time, everie of these years did melt as much heavie English monie, and some of them more then Mr Emans did. And English silver was at that time so scarce, one could hardlie get white monie Anno 1629 for gold but now almost all the silver, and almost all the gold is gon, the silver melted down for gold and silver Lace: The gold almost all Transported, that in a payment of ten thousand pounds one shall not receiv Ten shillings in gold.
Alderman Gibbs would never have these shillings, sixpences, and halfcrowns from Mr Eman in Kinde, but the prope [...]ie altered, and melted into Ingots; though hee knew and bargained for English monie by the name of Swarg, to bee melted without fraud; being a common word amongst the Goldsmiths for heavie English monie. Whereupon my Master commanded mee to put in everie Ingot so much Copper as the silver wasted, which was about a farthing the ounce: For Mr Eman selling the heavy shillings halfcrowns and sixpenses to other Refiners and Silversmiths in Kinde without melting, would not bear the waste of melting Mr Gibbs's English money into Ingotts.
But Alderman Gibbs finding my Masters Silver a farthing in five shillings courser then other Goldsmiths in Lumbard Sreet [Page 90] Silver was, who melted down Mr Alderman Gibbs had a pair of Assay Ballances in his closet, and when hee questioned mee about this Business, hee weighed above sorrie severall Assayes of my Master Eman's silver with the Standard Piece, and all of them fell out one penny weight short; and then hee took about forty other Assayes of one Mr Bradshaw's Silver (as hee told mee,) and Alderman Gibbs said to mee, This is heavy English mony in Ingots, which I have and do daily buy of Mr Bradshaw, and weigh your Masters Assayes against his. So I did, and found my Masters Silver all one penny weight short of Mr Bradshaw's Silver. Thereuppon Alderman Gibbs was very hot and angry with mee, and told mee, hee was cozenned, for my Master had put Copper into his Silver, and made him pay for good heavy English money to bee melted-without Copper; hee pressing mee very earnestly; I told him, I had done it for several years by my Masters order, and hee must seek his remedie from my Master Eman; for I would shew him my Masters Books every week where I had put the Copper down upon the Accompt, for my Masters Profit, and that I did believ, my Master had delivered him to the value of One Hundred and Forty Pounds in Copper, in his Ingots, for which hee had paid my Master Eman for good silver. their heavie English monies. Mr Alderman Gibbs one day asked mee seriously about it; I told him, my Master had given mee order to put in so much Copper as would bear the waste of the silver; and that I did believ, I had put in and mixed as much Copper into his Ingots, by my Masters order and for his Profit, at severall times, within Four years, for which Alderman Gibbs had paid for to my Master after the price of good Silver, as came to above One Hundred and Fortie Pounds Starling.
Whereupon Alderman Gibbs a few dayes after questioned my Master Emans about it, who did not denie it; and Alderman Gibbs threatned to Arrest him, and was in a great rage about it, that hee should bee so over-reached and deceived: But my Master Mr Emans slighted the business, and in plain termes bid him do it if hee durst; so that Alderman Gibbs there (for all his craft) was Cozened of one hundred and fortie Pounds, Alderman Gibbs paying for good Silver when hee received Copper mixed in every Ingot.
The true reason wherefore Alderman Gibbs forbare to Arrest Mr Eman was, hee durst not have done it if hee had cozened him of ten times as much; for if Alderman Gibbs and Mr Eman had gone to Law about this matter, the whole business of both their unlawfull actions in this Caus would have been made known to the [Page 91] world, and both Mr Eman and Mr Gibbs would have been undone. Mr Eman could have given Mr Gibbs satisfaction for this wrong well enough, if hee had had a minde to have done it, for Mr Emans had then a better Estate then Alderman Gibbs, and both of them (by this act) had forfeited their Estates to the King, it being against the Laws of this Nation to melt the English currant Coines. This was done in the year 1629. And had I spake but one word of this business to Sr Henry Mildemay or Mr Attorney General, or unto the late King Charles, (as I had oftentimes oportunity to have done it, being then imploied by the late King in several businesses by his particular Command; which, had I done it before the said Alderman Gibbs had had his Pardon, Alderman Gibbs had been for ever spoiled for being an Alderman; hee might have had a Jack-line about his neck, sooner then a Gold Chain, Alderman Gibbs and Mr Eman having by this act forfeited all their Estates to the late King.
These abuses are commonly practised both amongst the Refiners and Goldsmiths at this day, without any scruple of Conscience, or honestie, or fear of the Law; and (if not prevented) will undoe and waste the stock of the Nation. If Culling and melting down of the hevie currant monie bee not prevented, the Nation in Generall will not have monie to pay Rents, go to market, or pay Taxes: and this business to bee neglected, without a strict Act of Parlament to discover the Offenders, will bring intolerable mischiefs.
I have presented this Business many times to the long Parlament, who made many Orders and References for passing an Act against melting of the Currant Silver Coins of the Nation, and against the Transporting of Gold and Silver. But it was not finished.
The humble Proposals of many hundred Spinners to the Counsell of Trade, for the Regulating of the Manufacture of Gold & Silver Thread within this Nation, formerly presented to the Counsel of Trade at White-hall 1650. which set forth many of the Abuses in the present making Gold and Silver Thread, and they humbly desire a Regulation.
1. THat all work in Gold and Silver Thread may bee wrought by the hand-Spinner, and the Wheeles totally suppressed.
2. But if your Honors shall permit the Wheels to work superfine Gold and Silver Thread, that your Honors would tie them to their Numbers, and that they present unto your Honors the place of their abode, and that such Penalties be put on them, as to your Honors shall seem agreeable to Justice, if they work any other then superfine Thread.
3. That no Silver bee spun (either by the hand or wheels) but shall contain at least five ounces Silver on a pound Venice; and all Needle-gold and silver to hold six ounces gold and silver to nine ounces Thread, and so all fine silver: and by this Rule the Commonwealth shall not bee cheated.
4. That the names of all men and women admitted to make gold and silver Thread or Wyer bee kept in a Register, where they live, and all people that are admitted, to put in security to [Page 93] the State, not to work any of these Manufactures contrary to the Regulation agreed by your Honors.
5. That a sworn Surveyer, that is no Trader in the Manufactures, may have the surveying and examining of all the Manufactures, and that hee bee required to look carefully thereunto; and that all such Regulations desired in our Petition may bee taken into your Honors considerations, and the weight of Silver agreed on, what shall bee laid on the sleightest Thread on the pound Venice; which wee humbly desire (as aforesaid) five ounces Troy to one pound Venice, and six ounces Troy to nine ounces Troy Needle-work; or a greater proportion of Silver to Silk, if it shall upon examination by your Honors bee found to bee fitting. The truth is, the hand-Spinners cannot make the silver Thread so sleight as the Wheels, and lay on so little Silver as they do; and that makes the Workmasters stand so much for the Wheeles; They serving their poor hand-Spinners, as wee have been informed formerly som Silkmen did the Silk-dyers, give them raw Silk, and if they did not make one pound weight so many ounces more then it ought to weigh, being justly dyed, the Silkmen would abate it out of their wages for dying: So the poor Spinners, if they will not spin their Silver sleight to some of their Workmasters, and make Silk go farther then it ought to do if the silver Thread bee serviceable, they shall have no more work; and some of them have their wages abated them, and their Workmasters tell them, They cannot make stuff yield so much as the Wheels.
6. Whereas your Honors ask us, Which is the best cheap to the Common-wealth, either the Wheel-work or the hand-Spinners work: to that wee humbly answer; That is best cheap to any man that wears it, that lasts most and longest upon a garment, and not that which is brushed and the winde blows away; and that is best cheap that yields most to the melting-pot, when it comes to bee burned, and that is our Hand-work; for the Wheel-work, the Silver is almost all blown away.
7. The wheel-Spinners cannot make any Needle work, which is the chiefest and richest work; and all Imbroiderie is made by the hand-Spinners work, and Fringe-makers must work with hand-Spinners work, if they will work good: and what work is made by the wheels, generally is sleight cheating stuff.
8. The late King put down the wheels, and caused them to bee broken in pieces, that wee poor Women might have a livelyhood (beeing in and about this City many thousands, that live on the Manufacture of gold and silver Thread): the greatest of the number of these wheels have been set up since there was no regulation in the Trade, and that every one might work what hee list, since the Office Mr Violet had (for seeing this Manufacture made good) was put down: By which means the Manufacture is grown out of Esteem; and without your Honors take some strict course, the Deceipts will daily encrease.
9. And if there bee not a sworn Officer to do Justice, some of the Wyer-drawers will force some poor hand-Spinners to make sleight silver Thread, which their necessity will compell them to do, to keep them from famishing; and the work so made is fitter to burn then for any other use.
10. Whereas the wheel men say, They were bound Apprentices to the Trade of Spinning gold and silver Thread, wee deny that any was bound to the Trade
11. If the Wyerdrawers would deal truly with your Honors, they could tell you, it is their great gain they make by the cheating wheel-work, more then by our labor which work good work, that makes them so stickle for their wheels. Wee do humbly desire, that some of the prime Taylors and Silkmen and Goldsmiths may bee warned to attend your Honours: the Goldsmith will satisfie you what a sleight return the Silver wheel-work makes to the melting pot, being almost all wasted, and blown away with the winde: The [Page 95] Taylor will tell you, they are almost ashamed to sow it on; And the honest Silkman could wish all sleight wheel-work were put down, but that they must bee forced to sell such as their Neighbours do, or else lose their Custom. The Silver Thread is worse made now and sleighter then ever it was; many sorts of Silver Thread having not half the proportion of Silver it ought to have, and as it had, when Tho. Violet had the Regulation.
THere was several persons desired the Counsel of Trade, that Thomas Violet (who was formerly imploied in the Regulation of this Manufacture, and knoweth the way of discovering all the Frauds in this manufacture) may have the Place of surveying and searching for all course and adulterate Silver in thread and wyer, and to seal all good Gold and Silver-thread. The said Thomas Violet from time to time to search with the Wardens and Assistants of the Companie of Goldwyerdrawers, or by himself and his Officers, for all course Silver that is wrought in this Manufacture to the deceipt of the Nation. And that the said Thomas Violet may have such allowance for the executing of the said Office, as may enable him to defray the necessary charges for the strict search and due regulation of this manufacture; for it cannot bee well done without a great deal of charges.
If your Honors trust the management of this Manufacture only to the Wyerdrawers, without naming and appointing a sworn Surveyer & Sealer of this Manufacture, one who is no Trader in these Commodities, (the Business to bee carried on singly by the Wyer-drawers) will never do your work to have a just Reformation: For everie Master-wyer-drawer will winck one at another, and they will by that means (under colour of Reformation) cozen [Page 96] the Nation by a Law, as was done in the dying of Silk: when the Silkmen had the Regulation, all such persons the Company envied, were found out and punished; in the mean time, the Governers, Masters and Assistants they cheated and cozened the Nation more then ever it was before, and no man durst say, Black was their Eye.
The like Abuses and greater will bee practised, if the management of the manufacture of Gold and Silver wyer bee wholly left to the Refiners and Wyerdrawers, without a third person which is no Trader, either Refiner or Wyerdrawer, and therefore not interessed by benefit to bee corrupted by making the manufacture sleight or deceiptfull: And this wee can say, If there bee any Refiner or Wyerdrawer angrie with Mr Violet, it is because he would not suffer them to cozen the Common-wealth, but cut and defaced all sleight Gold and Silver thread. And hee tied all the workmen to make good and just Gold and Silver thread, such as was justly covered with a due proportion of Silver, to a due proportion of Silk, that would last twice as long to the wearer as the sleight wheel-work.
For whereas Thomas Violet by himself and his Officers caused the Gold-wyer-drawers to work all their Silver thread (from 1635 to 1640.) six ounces Silver at the least to three ounces of Silk to all Needle work, and five ounces Silver to three ounces of Silk for the sleightest silver Thread; and any silver Thread that was under this size and proportion of Silver and Silk, the said Thomas Violet was authorized to burn it or deface it, which many times when hee found it hee did deface it. And this made some of the Wyer-drawers angrie with him, whereas it was their own faults to work sleight silver and to come within his danger; Thomas Violet did but his duty to deface their course and sleight silver Thread.
But this wee can affirm, during the time Tho. Violet had the Office, hee caused all the Silver Thread to bee made of good Silver; and there was never (for the generalitie) [Page 97] so good Silver Thread made for the use of the Nation before Mr Violet's Regulation, or since, as was during all the time hee had the Regulation by his Office. If Tho. Violet were impowered to make his Searches at this day, (as hee did formerly) hee would (no doubt) finde manie Thousand Pounds of cours Silver Thread in London, and Silver Thread which is as bad as cours Silver.
wee pray your Honors to mark what wee say. whereas (by a just Regulation) six ounces of silver and three ounces of true died silk is the t [...]ue proportion for the just making of silver thread: There is now (since all this Manufacture is run into disorder, and made without a Rule) Gold and Silver spun upon heavie died silk, and ordinarily Gold and Silver thread made, three ounces Silver to six ounces Silk, and Four Ounces Silver to Five Ounces Silk.
And this Silver so unjustly wrought and spun, to the deceipt of the Wearers, is made and mixed in their Silver Laces, and other manufactures, and sold to the Wearers by the ounce for good Silver thread, whereby the Wearers are cozened half in half; and of this sort of Silver thread there is sold in Silkmens shops many thousand pounds a year; and this Silver thread made upon the Wheels so slight and thin the Silver is spun, that it will not abide on the silk during the weaving and making the Lace, and the Tailors will declare to you, while they are soing the Lace on the Garment the Silver will shed and fall off the Silk, and when it comes to the weather, a Fogg or Rain, the wet gets into the Silk, and then the Silk swells and breaks the silver (the Plate being so thinly made that it flies off; and when it is dirtie, rub the Lace and you wiil leav nothing but silk: This, all that wear it, can tell you. And in this manner is many 1000 pounds a year Bruised, Cracked, and rubbed away: whereas, if the Silver was all justlie and trulie made with a due plait, and a due proportion of silver and Silk, the Lace would laste as long again, the Silver Lace would make as [Page 98] much again as it now doth; and Twenty thousand pounds a year in Silver would return to the melting Pot which by this slight making is brushed off, and wasted, and comes to bee blown in the dirt. the Goldsmiths can tell you gold and silver Lace justly made, will make you three shillings the ounce, and three shillings and sixpence the ounce to burn; your slight Wheel-work will not make above one shilling or eighteen pence an ounce.
The Wyerdrawers and Refiners have good reason to crie Tho. Violet down to the Parlament and Counsel of State; for they know hee will hold their noses to the grind stone (as hee did formerly) and make them to make good work, if hee bee restored to his Office which hee formerly had. The Refiner hee will have an eie on, that hee melt not, nor caus to be melted any of the currant Coins or Plate of the Nation, but onely Forrain Bullion imported for this Manufacture; and this was strictly looked to whilest Tho. Violet had his Office; and the Refiners by their Indenture with the King Covenanted to do so, and not to melt the currant Coin or Plate of the Nation for any of these Manufactures.
The Wyerdrawers will do any thing rather then to bee tied up to have their Silver Thread sealed. They know, then they must work it all good silver, and a due proportion of silver to a due proportion of true died silk It is not the Fee that they are to pay is that that sticks with them, for that is a trifle in comparison; it is, they shall bee constraind to make all good Silver Thread with a due proportion of silver: this is the Yoke they would fain fling off themselves.
And if your Honors do not hold them to this, to Seal their silver on Scanes, they will cheat the Nation as much as ever they did. The Wyerdrawers (in the Twentieth year of King James had a Corporation, their Charter was to punish offenders, suppress underhand Workers, and all irregular persons whatsoever: And this Charter was granted with ample Power unto the Governors, Assistants, and Commonaltie to make Warrants under the Common Seal of the Governor, unto all such persons as they should think fit: and they did depute and authorize one Henry Crompton, amongst many others, (the Thirtieth of July, 16. 3. (to enter any Hous, [Page 99] Shop, Seller, Warehous, Ship or ships within England and Wales, and to search and Assay all silver and gold Thread &c. that should bee wrought by any person or persons not being free of the said Company and allowed to work as aforesaid: and to seize all base and counterfeit cours Silver Thread, and carry away the same, and to detain and keep it as forfeited to the use of the King All these Powers they had granted them: but for want of appointing a Sworn Officer to see the Governer Assistants and Commonalty do their dutie; and to punish Offenders impartially.
Upon the examination of the severall miscarriages and frauds in the Execution of that Power, the whole Proceedings was damned in Parlament, as a power that was ill and Illegally managed, under specious pretences of their Reformation of Abuses, they got to bee in a capacitie to cozen the State cùm Privilegio: And there was an end of this Charter.
The Proceedings of all the miscariages of the Governors and Assistants of the Refiners and Wyerdrawers was at large Painted out in Parlament, as tending onely to get a Licence for some particular men to Cozen the Commonwealth, and all others to bee punished.
My Lord Cook told the Refiners and Wyerdrawers, Where the Constable is the theif, it is to little purpose to make a hue and crie: Therefore if ever you would settle this Manufacture, put a sure Officer to see the Companie of Refiners and Wyerdrawers to do their Dutie, and to wake good Gold and Silver Wyer and Thread justly and truely; as was formerly when Tho. Violet had his Office. The Refiners and Wyerdrawers are angry with him onely becaus hee executed his place strictly, and would not let them Cozen the Commonwealth as they had formerly done.
This and much more was said at the old Counsel of Trade by some of the Women-Spinners, Goldmiths, and other persons, uppon several Meetings and Disputes about the Regulation of this Manufacture: And the Counsell of Trade had almost drawn the Model of a just Regulation for the preventing the Abuses: But their Commission was Determined just as they were upon finishing the Regulation: [Page 100] And the whole proceeding in this business was by them transmitted to the Counsel of State.
Here followeth a Certificate aganst the VVheels.
WEE whose names are here underwriten, being Silkweavers, and other Traders in Gold and Silver Thread do ce [...]tifie to this Honorable Councel of Trade, and to all people whom it may concern; The way of Spinning gold and silver thread by the Women-spinners with the Chear and Spindle, is farr more serviceable and better made by the Women spinners then by the Wheels for the benefit and service of the Commonwealth: And the Wheels and Engins for spinning gold and silver thread have greatly damnified the Women-spinners; whereby many hundred Spinsters for want of work have and will daily fall into great miserie and Povertie, if there bee not some good Order taken for the suppressing the Wheels.
There are divers of the workmen Wyerdrawers that have been with mee since the Workmasters presented the Draught of their desired Corporation, and told mee, that the Master-wyerdrawers have (in the Draught of their Corporation which they delivered unto the Counsel of [Page 101] Trade in August last, 1656. omitted divers particular Rules which conduced very much to the well ordering of the Trade and manufactures; and have inserted particular Rules onely conducing to their own private ends (being Master-wyerdrawers) and not for the generall good either of the workmen of the Trade, or of the Commonwealth.
The workmen desire that the workmasters of this manufacture may bee restrained, and for the future may not (as they do) force the workmen (for their private gain) to make their work sleightly and adulterate: That there may bee a sworn Surveyer and Assayer appointed; one that is neither Workmaster nor workman, but an indifferent conscionable man between them both; that may Survey and Assay all work made, and to bee made; and may set Rules and Orders between the workmasters & workmen, that so the work-masters may not caus the workmen to make base, sleight and adulterate work, for the workmasters private gain.
And that the Workmen may not bee so beaten down in their Prices, that they cannot make a livelihood; that the Surveyor may appoint the Assaymaster, who may trie and make Assayes of all work made into Silver and Gold thread, wyer, Purles, Spangles, &c. that so the manufacture may bee made of fine silver, not under Starling, but as much better as every Trader pleaseth.
That Tho. Violet (who was formerlie imployed in the Regulation of this Manufacture, and knoweth the way of discovering all these Frauds and Deceits in the making and working of this manufacture) may bee Surveyor and Searcher to seiz on all cours and adulterate silver, in wyer and thread &c. and for all sleight work: And that your Honors set Rules and Orders for the punishing the offenders; and that all gold and silver Wyer &c. may bee well and justlie made: And that Tho. Violet may have such a Fee allowed him for his service and pains taken therein, as may support his Charges, and recompence him for his service, care, and pains to bee taken therein, and for his warranting to the Nation that all the silver shall be justly made, [Page 102] and that strict penalties, should bee put and laid uppon all work-masters, that give their work men cours adulterate Silver to work, to draw Gold or Silver wyer, and that all workmasters bee forbidden to caus the workmen, to draw their silver to such extraordinary sizes for slightness, that when it is twisted on the Silk it is so thin, it cannot bee made servisable to the wearers, but with the wind or Rain, drops of the wearers Garments; I wished these men to put to their hands to theis last aforesaid proposals, which for the present they refused, telling mee, I knew these things to bee true, aswell as themselves; The reason why for the present they would not set to their hands was, They would see first, whether there was an Intention, of the Parlament, or Counsell for Trade, really to reform these abuses, and to see good Silver lace, spangles &c. should bee wrought and made in the Nation, and to punish strictly the offendors; when they were once assured of that, they would discover the whole bottom of the workmasters knavery and oppression, and how many of them deceiv the Commonwealth; But if they should bee seen to discover these abuses, before they were assured the Parlament would reform them, by their discovery, they should bee undon; for som of their workmasters would bee starke mad with them; And that som of them have been threatned by their work masters (the master-wyer-drawers) never to bee set on work by any of the master-wyer-drawers, if ever they petition against, or discover any the frauds of their workmasters, in these Manufactures.
The like tyranous threatning, many of the Master wyer drawers, have used to the women spinners to terrifie them from speaking the trueth: So that many of these workemen to the master wyer-drawers, and also the women spyners of gold and silver thread, are in a sad condition every way; They must worke cours deceipfull gold and silver thread and wyer, and must not, nor dare discover it, uppon pain of being undon, by som of their cruell Work masters Som of them with tears in their eys have told mee, they were forced to worke their Work Masters, cours and deceiptfull [Page 103] silver wyer and thread, (contrary to their consent) to get bread; And that their Masters have so pestred the trade formerly, with taking a multitude of apprentices, for private and present gain, that now, not one half of the Journiemen, can get work to put bread in their heads: That the Journymen, stand in more aw (many of them) and fear, to displeas their Workmasters, then their apprentices doe; And this is the true reason, so much bad sleight silver thread is made.
If one man will not work at, such sizes, and such price (that the Silver shall run such a length, that many of the Workmen even dravv their eyes out of their heads;) So that vvhen the Silver com's to bee put on the Silke, it is in a manner, as thin as a gilt on a bay leaf, the vvind vvil blovv the Silver avvay of the silk: and then the vvheele-men and hand spinners, must agree vvith som of these vvorkmasters, as the Silkmen did vvith the Dyers, they must make one pound of ravv Silk, vveigh, tvvo pound, vvhen it com's from dying; so the Master vvyer-dravvers vvill, and at this day do, force many of their Worke-men to make Silver, three ounces Silver to cover six ounces of silk and fovr ounces silver to cover five ounces of Silke, and this is sold for good silver thread by the Master vvyer dravvers and Silkemen, so that the vvearers are Cozened many times half in half, And this makes Knaves against a regulation, For they can get more by selling ten pounds vvorth of this sleight and deceitfull Silver Lace, then they can do by selling fourty pounds vvorth of good silver Lace: this is the true reason, vvherefore they vvould have no Sealer, but vvould have the Regulation of this business left amongst the Refiners and Wyer-dravvers themselvs.
This is the Substance of the Women spynners, and many of the Journymen vvyer-dravvers desires, at this day, vvhich they vvould give under their hands, and prosecute it, by hundreds, if they vvere assured your Highness and the Parlament vvould appoint a strict Regulation of these [Page 104] abuses in their Trade; They will attend the Counsell of Trade and humbly present their desires concerning all the premises.
My most humble Petition to your Highness and the Parlament is, For the speedy passing the Act against Transporters of Gold and Silver, & against the Cullers, and melters down of the heavy Coyns of this Nation, and such as buy Gold or Silver above the price of the Mynt.
THis Act was in Mr Augustin Garlands, hands in 1652. (a member of the long Parlament) and was recomended to the Parlament, by the Counsell of State, and was drawn up by a Committee of the Counsell of State for the mint, in 1651. for the appointing of Commissioners, who should make strickt enquirie after the abuses of transporting Gold and Silver, And then there was an endeavor (by som of the Transporters of Gold and Silver and of such as unlawfully bought, sould, exchanged, or melted down, any of the currant coyns of England, or of any Gold or Silver bulloin) to have it passed by & with a generall Pardon The Committee for the mint taking Especiall notice, of the greate mischeifs, that have hapned to the Nation by the said abuses. when the general pardon was drawing up they made this order to prevent the Offendors escaping their due punishment. viz.
At a Committee of the Counsell of State for the Mint, this [Page 105] inclosed exception, was presented to the Committee, to have it inserted in the Generall pardon, The Committee do hold fit, for the benefit of the Commonwealth, to have this exception inserted in the Pardon, and do recommend it to you accordingly. viz.
Except all offences, don, and committed by any person, whatsoever, in transporting out of England any gold or silver, in Coyn, or Bullion, without licence; and all other offences in the unlawfull buying, selling, exchanging, and melting down of any the currant silver moneys or Bullion against whom or for which any information is now depending in the Court of Exchequer at Westminster.
Ordered that Mr Thomas Violet attend Master Attourney General with this order of the Committee, and also the Committee of Parlament for drawing the General pardon to have these offences excepted.
I did attend the Committee of Parlament and Master Attourney General with this abovesaid order, and they did insert the exception in the General pardon, and so none of these offenders are pardoned: the offenders are liable to the Law at this day.
Ordered that a Committee bee appointed to take into consideration, the business of the Coyn and the Par between us and other Nations, and how the coyn of this nation may bee kept from being carried out, and likewise to consider of som means Whereby the Mint may bee set on [Page 106] work, and they are to speak with any persons they think good about it.
December 20. 1649. THe Committees names Lord President Bradshaw, Sir James Harrington, Sir Gilbert Pickering Sir William Constable, Mr Scot, Mr Bond, Collonel Purefoy, Collonel Joanes, Mr Thomas Challoner, Sir Henry Mildemay, Collonel Morley, Mr Allen, Mr Darley, Mr Cornelius Holland, Mr Nevil, or any two of them, Sir James Harrington had the Chaire for this Committee, hee writes to mee this Letter, viz.
BEeing informed of your abillity and readiness to make tender of such proposals as may bee for the service of the Commonwealth, I thought fit to desire you that I may speak with you to morrow in the afternoon, being Tuesday about two a Clock, at which time you shall finde mee at my lodgings in the Stone Gallery in Whitehall.
And at the desire of Sir James Harrington and Mr Thomas Challoner, and others of the Honorable Committee, for the Mint I did write to Holland for all the principal Coynes in Christendom, and did deliver many of them to the officers [Page 107] of the Mint to make an assay of them, which several pieces of forrain gold and silver were assayed in the Presence of the Committee of the Mint, they being there at the Tower several dayes to make these Trials, where I attended them, and I sent into Holland France and Flanders, for all their several Placares, and did procure the Lawes and Ordinances for regulating their respective mints, with the several standards and weighits for their Coyns, gold or silver to be translated, and thereupon the Commitee of the Mint caused the principall of these forrain Coynes to bee ingraven with their weight and finenes of every piece, according to the standard of each mint, both gold and silver, what it ought to weigh, with a just Calculation of the vallue what all the several Species would make in the Tower of London, and the penny weight, and graines that everie such forrain Specie or Coyn would make in the Tower of London, and what proportion our gold and silver held with the mints of Flanders France and Holland: and this was exactly calculated by the officers of the Mint and my self, in the years 1651 and 1652, and all the proceedings thereupon. After many moneths time, and the several Coynes, graven in Copper Plates, were delivered into the custody of Sir James Harrington, the chairman of that committee, to report them unto the Hous, but the Parlament being dissolved 20 April, 1653. the Act against the Transporters of Gold, and all the Proceedings concerning the regulation of the mint was stopped for that time. There had been severall Agitations concerning this Act in the hous manie times in Parlament viz. 18. March 1640. The business of the examination of the transporting Goldand Silver referred to the Committee, that was appointed to consider of the state of the Kings Army, and Thomas Violet appointed by that order of Parlament to prosecute this business.
An order of Parlament 1 September. 1647. That the Committee of the navie consider of som effectual cours to prevent the Transportatim of Bullion, and to report what they have don, [Page 108] to the hous. The Committee of the Navy, 2. September 1647. direct their order to the Commissioners and officers of the Customs and particularly to Mr Edward Watkins, then head Searcher, and they were all desired to consider of som cours to prevent the Transportation of Bullion out of the nation. In October 1647. All the Commissioners with the chief officers of the Custom-house set down several waies for the prevention of the Transporting of Gold and Silver, which the Marchants by all secret means do daily Transport. The Committee of the Navy by their order of the third of Dec. 1647. directed their order to the officers of the Mint, to certifie their opinions, what waies & courses were to bee taken for preventing the Transporting of Gold & Silver out of the nation. The officers of the Mint, after great consultation and consideration, having taken good advice; (som of them having had long experience viz. Mr. Palmer and Mr Cogan were the fitter to give advice) first the officers of the Mint upon their certificate desire that all the Transporters of Gold and Silver, and such as have melted down the currant Coyn of the nation, may bee brought to justice to Deterr others from acting the like abuses for the future. Secondly, that according to the president of the statute of 14 Richard 2. Cap. 12. A Commission bee granted to make enquirie through the nation after all such as had conveyed the moneys of England out of the nation, and of all such as culd out and melted the heavy currant money, 4 Hen. 4. Cap. 10. the sixth of Edward 6. Cap. 19. Touching the exchange of Gold and silver to bee put in execution, that whosoever gives more for Gold or Silver then it is or shall bee declared, shall make fine at pleasure of the State, To conclude they say in their Certificate, that the Mint cannot bee imployed, nor the Transporting treasure stopped, if som cours were not speedily taken to discover these great abuses, and already all the Gold is Transported out of the nation, and the Silver followeth apace, and this is the Certificate of all the chief officers of the Mint. 3. December. 1647.
About November 1647. The Citizens of London petitioned the Parlament against the Transporters, of Gold and [Page 109] Silver, shewing the great mischiefs that came to the City thereby.
The 18 of August, 1649. The Counsell of State ordered, that a Committee should bee appointed, to take into their considerations, the business of the Coyn, and the Par between this and other Nations: and that there bee care taken, that the Coyn of this Nation may bee kept from carrying away out of the Nation; And to consider of som means how the Mint may bee set on work. In pursuance of this last Order, the then Counsell of State did give order for the draught of an Act, which was drawn by order of the Committee for the Mint, And I Thomas Violet was required by the Counsell of State to attend this business, And upon severall meetings and debates, of severall Honorable members of the then Counsell of State; The draught of an act of Parlament against transporters of Gold and Silver was finished, and left by order of Parlament in Mr. Augustin Garlands custody; and the said Act was twice read in the Hous, & about the 12 of Aprill 1653. following called for again, and apointed to bee finished; as apears by the Journals of the Hous: But other mighty business did intervene.
May it pleas Your Highness! It was easily to bee discerned that som guilty Marchants, who had been guilty of Transporting of Gold had hindered this Act from passing; and I know all the Members in that Parlament were not free from transporting gold and silver, and that made some of them say, as long as they sat within the Parlament wall, that Act, against transporting gold, culling the English coyns or buying of gold and silver, contrary to the law, should never pass the hous.
Former Ages have made transporting gold and silver Fellony, as appears by severall Statutes; And all such as [Page 110] Cull and melt the currant Coyns of the Nation, to forfeit treble the value, of the monies, they have melted or caused to bee melted: And by the Statute of 6 Ed. 6. cap. 19. who soever gives more for Gold or Silver, then it is or shall bee declared by the Kings Procamation to be currant for within this his Highness Realm; that all the said coyned monies gold or silver, so exchanged & every part and parcel thereof shall be forfit, and the parties so offending, shall suffer Imprisonment, by the space of one year, and make fine at the Kings Pleasure.
I have for these many years, pressed for an act of Parlament to bee made according to the Statute of 14. Rich. 2. cap 12. for Comissions, to go through the Nation, to enquire of such as have conveyed the gold and silver, out of England, to the prejudice and damage of the Nation. 9. Ed. 3. cap. 3. 17. Rich. 2. cap. 1. 2. H. 4. cap. 4. 4. H. 4. cap. 10. 9. H. 5. cap. 1. 2. H. 6. cap. 6. 4. H. 7. cap. 13. 1. H. 8. cap. 13. By all these aforesaid Laws and Statutes, your Highness's predecessors endeavored stricktly to looke to the preservation of the Coyns of the Nation.
May it please your Highness,
THere was about twenty milions of gold and silver, coyned in the Tower, from the year 1622. to 1645 as will [...]ppear by the Mynt books, upon a calculation (which The Clerkes can quickly finde out to a penny) and all this gold is already transported, the currant silver coyns all culled and the heaviest transported or melted to make gold and silver lace, and that monies which remains is clipped and light. And these mischiefs have been acted by perticuler persons and will every day increas, without some speedy and timely remedy bee had, to find out the Offendors.
The currant Silver coyns of the Nation have been greatly spent, in making the manufacture of gold and silver wyer, [Page 111] thread &c. formerly in the years, from 1624, to 1630. There beeing then a war with Spain, Starling silver was sold, by the Goldsmiths for five shilling and three pence and five shilling and four pence, the ounce, Now the money in the Tower is coyned at five and a pence, So that all but the clipped and verie light mony was melted down, to make plate and gold and Silver wyer and thread. And this was known to bee the generall practice, of almost all the Goldsmiths and Refiners in London. I most humbly say. There is never an honest Goldsmith in London, that will have the face to deny this to bee a trueth, Silver was then so scarce that in payment of a thousand pounds you should receiv nine hundred pounds in gold, and then in 1629. men were troubled to get silver monie for gold, Silver was so scarce: The East India company bought up in those years, Spanish monie and dollers and gave four shilling 10 pence a peice for them, which is five pence in a peice of Eight more then they will make in the Mint.
Now your Highnes hath a warr with Spain the fountain of Silver is diverted for the present, so that silver riseth, and so consequently the Goldsmith weighs and culls all the Silver, that passeth through his hands, And as the market riseth so doth the Goldsmith lighten his plummet, or weight hee culls the Mony of the Nation with, till at last they will cull and melt it all up.
Som Goldsmiths in Lumbert street, (contrary to the law) have bought and sold Milions of Gold till now at last, they have bought & sould all the Gold out of the Nation, and the currant Silver coyn of this Nation, is following after a great pace, and will stil follow except a strict Law bee made to discover the offendors, and bring them to severe justice to deterr others, there will be no mony left in the Nation. neither gold nor silver. The sad effects of such a mischeif is not suddenly apprehended, for no great action can be don without monie; And the long Parlament though they could not then agree, for the passing of an act against the Transporters of Gold and Silver, yet they excepted all such as transported Gold or [Page 112] Silver, or culled or melted the currant coyns, or bought or sold gold and silver, contrary to the Laws and statutes of the Nation from the generall Pardon. A Commission to enquire and find out the offendors, directed to skillfull discreet persons, and authorized by act of Parlament, according to former presidents will bring in good store of monies towards the payments of publique debts.
May it pleas your Highness (for the Regulating of Gold and Silver thread) If the Refiners and wyer drawers bee not tyed to refine all the silver for their manufactures, in one place, and not to melt any silver but what shall bee Imported from beyond the Seas, or shall proceed from burnt silver, Returns of their Manufacture, and this to bee duely and strictly enjoyned them, and that culling and melting of the currant Silver monie of the Nation, for these manufactures Bee, for the future, made Fellonie; and strickt Rules and ordinances to provent all the frauds formerly practised both by the Refiners and wyer-drawers, (which offences are by me most humbly presented to your highness, & the Parlament for a redress and reformation) If there bee not such officers and Ministers appointed as aforesaid, This manufacture will never bee regulated nor the frauds prevented. I do also implore your Highness Grace and Justice for the Restoring mee to my place which I had, and to have such sees as formerly I Received, and I to warrant the Manufacture to bee justly made to the nation, or pay the damage to any that are damnified by any gold or silver thread, sealed in my Office. And that your Highness and the Parlament, will bee graciously pleased out of your Benignity favorabily to accept of these your loyall subjects Endeavours to do your Highness and the common wealth most humble and faithfull service; which shall for ever oblige mee dayly to proceed, and for ever to Remain your humblest Loyall Subject.