TO THE
PARLIAMENT of the
Common-wealth of ENGLAND.
The humble Petition of THO. VIOLET
THat your Petitioner, in December last, finding the Common-wealth daily deceived in severall Prizes that had beene unduly discharged in the Court of Admiraltie, and else where since August last, to the value of many hundred thousand pounds, which frauds, if continued, had proved highly prejudiciall to the Common-wealth, by enabling the Dutch in their mischievous practises to circumvent and eclipse the glory of this Nation, and all this constantly acted by some Merchants, and others, by compliance with some persons in trust in the Admiraltie.
For prevention thereof for the future, your Petitioner did about the eighth of December last, deliver in writing unto the Lord Bradshawe a Paper, discovering that at that present time, a practise and combination was set on foote and acted against the State, by severall Merchants, and others, who at that time (combining with some publique ministers of forraigne Princes, did endeavor and plot to put a blind on the Parliament and Councell of State, and having the connivance and assistance of some persons in power and trust for the Common-wealth and Admiraltie, contrived by fraud, false pretences and claimes, to get cleered out of the Admiraltie, severall ships taken as [Page 2] prize, but most espicially three rich Ships, viz. the Sampson, the George, and the Salvador, in which ships your Petitioner had certaine intelligence there was many hundred thousand pounds of Silver, and Merchandize for the accompt of severall people in Amsterdam, Dort, and other places of the united-Provinces (your Petitioner having beene imployed by the late King and his Councell, for making known many secret practises of the like nature unto them) your Petitioner out of his affection to the prosperitie of this Common-wealth, did undertake to the Lord Bradshawe to unmaske these frauds.
In pursuance whereof, your Petitioner knowing how much it did concerne this Common-wealth to have these abuses discovered and made known, hee delivered severall Papers unto severall Members of the late Councell of State, and to Doctor Walker in December and January last, which did manifest by what waies and practises these abuses were daily committed, which service was so acceptable to many of the Councell of State, that your Petitioner had an assurance from many of them, in the behalf of the Common-wealth, that if your Petitioner could intitle the State to the Silver in the aforesaid ships, and make it out by sufficient proofe; then he should have all his Estate both reall and personall restored unto him, which is under sequestration upon malicious and untrue information, or the full value thereof, which amounted unto the some of eleven thousand pounds, to bee paid unto your Petitioner out of the Silver which your Petitioner should gaine to the Common-wealth, out of the aforesaid prize-ships, which by your Petitioners painfull endeavors, and to his great and vast expence was then accordingly stayed, and proofe made to entitle the State to all the Silver which is now coyning in the Tower.
Notwithstanding the strong combinations and designes [Page 3] of some in the Court of Admiraltie, and some other, great ones in power, to defraud the Common-wealth, as was intimated by Master James Stanieres letter, and in truth your Petitioner hath run as great hazard of being ruined both in his estate and person, for his protesting in the behalfe of the Commonwealth, against the discharge of these ships and Silver, which had then, without your Petitioners protest in Court, beene all discharged, and at that time the Dutch had such a party, even in the Councel of State, that by som of them your petitioner was discouraged to proceed in this busines, by which means the merchants were encouraged to claime, as is well known to many hundreds of Merchants in London, insomuch as your petitioner was enforced, in the face of the Court to charge ten severall Merchants, who were then all in the Court of Admiraltie, for fraudulent practises, in laboring to discharge the said Ships; and your petitioner did then declare to the Judges in the Court of Admiraltie, that if they did discharge the said Ships and Silver, upon any pretence of any Merchants or other persons whomsoever, before your petitioners witnesses were examined, they did not Judge, but give away the Common-wealths Treasure, and that your petitioner did appeale to the Parliament against their proceedings to discharge the Silver; which did so exasperate the Judges in the Admiraltie, that they complained to the Councell of State against your petitioner, for endeavoring to stay the Silver and said ships, and upon full examination of the businesse before the Committee of forraigne-affaires, these ships were notwithstanding ordered to be staid, and your petitioner ordered to prosecute with all expedition and vigilance, in the behalfe of the Common-wealth,, for entitling the State to it, which he hath done accordingly. Your Petitioner therefore humbly prayes your Honors to bee pleased to consider the greatnesse [Page 4] of your petitioners service, in staying the Treasure in December last, and discovering the frauds of some in the Admiraltie, at such time when the Hollander was domaniering in the Downes, and how much it did weaken them and disappoint their occasions, and what an advantage it is to the Common-wealth to have the State accomodated with neere foure hundred thousand pounds of the enemies Treasure, in this conjuncture of time, for your petitioners doing thereof hee hath contracted the malice of many hundred Merchants.
In consideration of all which Services, your Petitioner humbly prayes his Sequestration may bee discharged, and his estate both reall and personall restored unto him, or the true value thereof paid him, as was promised your Petitioner upon his undertaking this businesse, or that your Honors would take such Order for your Petitioners reliefe in the Premises as by your grave Wisedomes shall bee thought agreeable to Justice.
And, as in duty bound, your Petitioner shall pray, &c.
A Copie of a Paper presented the eighth of December 1652. to the Lord Bradshaw and Master Allen, by Thomas Violet, who the same day delivered the said Paper to the Councel of State, and the Councel upon several debates before the Comittee of Forraigne affaires Ordered, the 13. of December 1652. the said Tho. Violet to assist, on the behalf of the Commonwealth, the prosecution in the high Court of Admiralty against the ships Samson, Salvador and George, which had then aboard all the silver now coyning in the Tower, and that he should repair to D. VValker, Advocate for the Comonwealth, and acquaint him from time to time what he had to offer on behalf of the publique in reference to the said Ships.
MAy it please your Honor, having understood from some Merchants that the Councel of State have referred the Spanish Ambassadors claime to a great quantity of Treasure, which hee pretends to bee his Masters, the King of Spaines silver, and all the silver belonging to his Masters subjects (unto the Admiralty, there to receive a Judgement according to the equity of the cause.) In all humilitie I acknowledge the Justice of the Admiralty, and that I beleeve they will doe their utmost, both for doing the Spanish [Page 6] Ambassador right, and to see the State shall have what belongs justly to them.
But withall I thinke it my duty to acquaint you, that the proceedings in the Admiralty must goe according to the formes of that Court, except the Judges receive some extraordinary direction from the Parliament or the Councel of State in this weighty businesse; now I humbly say, the proceedings at Law will take so much time up that the Merchants will send into Spayne for new cocquets, and new Bills of lading, and for money no doubt they will get a post-Registring, and I am confident there are many in London can write and counterfeit Bills of lading and Cockets and never send into Spayne for them; besides, I have good reason to beleeve the hearts, purses, heads and books of accounts of many Merchants of London, will be all ready to assist the Dutch-Merchants to cozen the State of this Treasure; and truly my humble opinion is, that if any publike ministers can by their policy get all this silver out of the Parliaments hands, that then they will bee extraordinarily rewarded by them of Holland for salvage of this Treasure, it will be beyond Commission, money or factoridge.
And as the conjuncture of time stands between us and the Dutch this present moneth of December, some publique Ministers in England will have the profitablest employment of any Ambassador in the World, if they can christen all Hollanders goods and Treasure with the name of Antwerpians, Ostenders and Dunkirkers; or by his or their power can make all goods laden in Hamburgers or Hance townes, that those goods must of necessity belong to Hamborough, when I have certaine profe to justifie the contrary, and I humbly desire, before the ships be discharged, my witnesses may be all examined, and upon the perill of my life I will prove that in these ships there are great quantities of silver for the Accompt of [Page 7] Hollanders, and people of the united Provinces.
I having formerly beene privy to the proceedings of Merchants that have transported gold and silver out of this Nation, and also acquainted with several Merchants that have yeerely imported silver from Spayne, I thought it my duty to acquaint you, that if the Parliament and Councel of State be not very vigilant in this businesse; and of the proceedings about the silver, they will be cozened of their right, for there will be no stone left unturned both by the Merchants beyond Seas and here, to circumvent the State of this Treasure.
This that I say, I speake not out of ill will to the Hollander, for there are several of the Councel of State did me the honor to aske me what I thought of a Peace or Warre; I ever, with all humilitie, told those that asked mee; that there could never come a more safe nor honorable thing to the State, then to conclude a safe and honorable Peace with Holland, yet though I loved them very well while wee had Peace, I respect them not now during the time of Warre, after such a rate that they by craft should cozen the State of this great Treasure, which is now taken, if to the uttermost of my power I could hinder it, or ad any thing to the stop of it; and knowing what great mischiefs would come to this Nation, if I did not make your Honors acquainted with these practises; I thinke I am bound, as any English-man, not to feare the face of any, though I know it will get mee ill will, and a shrewd turne, even with som great ones in power; this service shall beare me record how faithfully I ever loved and doe love my Countrey, and convince all those that have misrepresented mee to the State, that after so long oppression I may have my Estate restored; and this is the true reason wherfore I humbly present this Paper to your Honor, vizt.
My Lord, when the King of Spaynes fleete returns to saint Lucar, there lies out alwaies beyond the bar of saint Lucar, which is out of the command of the Castle, several ships of all Nations, and these lie there purposely to take in silver and gold, coucheneele, and all other India commodities so stolne aboard, which some yeeres there hath beene imposed above twenty in the hundred for Registring.
These goods being shipped, as aforesaid, then the Master of the ship that takes them in, usually signes three Bills, beside the Register of his owne bookes, which in time of Warre are many; and every Captaine, Master or Purser must keepe and carry with him one, to enter all parcels and accounts: One bill of these three the Merchant usually sends along with the ship, with a letter of advice to the Merchant, what he hath sent him, the markes and weight, or number of Ingots, or peeces of eight, and the marks and number of all bails, fardels, chests or caske: Another of these bills is sent over land usually by the Post, with letters of advice of such goods, gold and silver, and those bills a shipboard they alter according to the course they are to steere; if it be through the chanell of one two or three enemies, they will shew severall bills of lading and bookes of entries, but those bills that goe by land are alwaies the true bills, the other bills in these times are usually amusements to defraude the State, but usually those that come by the Post are the true bills, but for those on ship-board usually the Merchants know a moneth sooner then the ships coming by Sea, what gold and silver or comodities his Factor hath shipped, and in what ships, and gives order accordingly at Dover, or other Ports in this Nation, for sending his goods to severall places beyond Sea, or to London, according as advice shall be given him, where the best market [Page 9] is; the third bill is alwaies kept in the Factors hands to sue the Master, if he doth not deliver the Goods according to his Bills of lading: And if the Master deliver the Goods, the receipts on any one of the true Bills of Lading discharges the other two Bills.
That the State would be pleased to desire any publique Agents that lay claim, to shew the originall Warrants (for sending away this silver from Spain, either at Cales or S. Lucars, or other Ports) bills of lading or his originall Letters, such as he or they will stand upon his or their honor are the true originalls out of Spain, taken at Saint Lucar or Cadiz, and that exact copies may be taken by the Admiralty, and this to be done forthwith, and that they put in all their claims they make to any Goods, gold or silver in these ships very sodainly, upon their honor to be just and true claims without any guile or fraud.
That the State will be pleased to take order, that the Admirallty strictly examine all the chief Factors and Mariners of these ships, what Country men they are? where there aboad is? whether they doe not goe by false names? and to give a just answer at their perill; and which of them belongs to Holland? and whether they have made any Bills of Lading falsly at Sea, or in the Downs, or since they came into England and antedated the same? if done, by whose advice? and who were privy unto it? or have defaced or torn leaves out of their books of Invoyces? or altered their Bills or Books since they came from Spain? and who were present at the doing thereof?
That they give you an accompt where each of them lye, and at whose house in Saint Katherines, or elsewhere, what Merchants in London they know, or have communication with? and who are their Factors? and set down their names, where each particular man dwells.
That they declare upon oath, who they know hath [Page 10] sent beyond Seas to have the silver and gold and commodities claimed by the State registred in Spayne, since the stay of the treasure here, and what men in London have beene advizing and assisting that way, and where they dwell, and what Notaries or others in London have given them advice concerning the premisses.
What Merchants they know have promised any publique Ministers of State any summes of money, and what agreement or satisfaction they should have, if hee, or they, could get the silver claimed by him or them, into his or their hands, and sent beyond Seas; to name what Merchants that live in England, and what Nation soever have had any treatie or agreement with them, or any publique ministers or others, for the purpose and intents aforesaid.
My humble suit to your Lordship is, that the Councel of State would be pleased to use all the expedition they can in the businesse, and to settle some strict order in it, for if they give the Merchants time to send to Spayne, the Merchants will there have what things registred, and upon whose accompt they please; and seeing that here they cannot have one penny, if that we prove the silver and commodities belong to Holland, they are and will be constrained to goe to Spayne, and there, though it be a confiscation to send away silver before it be Registred, without the Kings Licence, yet the great Officers and Statesmen to have a good share, in all probability will get the Kings pardon, and to give what Certificats shall bee desired, as they have formerly done in Otho Georges case (provided the Dutch will pay well for it.) To prevent which, there is nothing but expedition, before they have learned their lesson from Spayne; if these Merchants which claime this silver would speake truth, they know almost all this Silver is for the accompt of Amsterdam, Dort, and Netherland [Page 11] merchant. My Lord, if the State in the examination of these particulars will command my service in this businesse, by Gods assistance I shall give you a good Accompt, I shall with all readines attend it faithfully, & to the uttermost of my power doe my duty; for to have this plot discovered highly concernes the Commonwealth; I have beene privie to their secret practises of transporting of Treasure to all parts of Christendome, out of this Nation, therfore may know the way to unravell this secret combination sooner then others; for I am assured no man in this Nation hath had the oportunitie to know these waies as I doe, for I was imployed in these discoveries, by the late King and his Councell many yeeres; and my Lord, an old Deere-stealer is the best Keeper of a Parke.
It may so chance that it may be pretended that all the silver that is in these ships, and not Registred, is the King of Spaynes, as by the law it is, if it were seized in Flanders, or the King of Spaynes dominions; but this pretence if set on foote, will hold no water here, as I humbly conceive, for wee are not to answere to that point: the Merchant had beene lyable in Spayn or at Dunkirke to have answered the Lawe for transporting treasure before it be Registred in Spayne, but coming into our harbours, as a prize of Holland, and they being enemies to this State, wee are not to be accountable for what these goods or monies owes the state of Spayne for want of Registring them, nor any person suffered to claime more then is Registred in Spayne, and the State have, cleere satisfaction of the reall truth of that claime; for they, having cozened the King of his duties, intended to bring this treasure home to each Hollander upon their private accompt; and this question, I humbly desire to have your honors put to any forraigne Agent that claimes, whether he or they lay claim to the treasure as forfeit to his or their Master, for want of Registring, or that he or they claim it as all shipt for his Masters and his subjects proper accompt, upon cleere and just bills of [Page 12] lading in Spayne? my humble Petition is, that they be desired to answere upon his or their Honors that point.
The Dutch Merchants that are concerned in this silver, are so well versed in making false entries, double bills of lading, Certificates, Charterparties, and all other frauds of this nature, that if they have time given them to hatch their egges, there shall be neither a bar of silver nor peeces of eight but what they will bring a Certificate out of Spayne for the Registring it, eyther for the King of Spaynes proper accompt or for his Subjects or Hamburgers; they will finde any Nation to lay clayme unto it, saving the right owners, which in truth is the Merchants of Amsterdam and Netherlands, and you may rest assured the Dutch will rather set on foote any pretended clayme, eyther Spanyards or Antwerpians to deceive us, rather then that the English should have it they care not who hath it, for they know we shall lay all this money out in powder and shot for them, and they no doubt will leave no stone unroled to prevent us in that particular, if great care be not taken in this businesse.
All the Premisses considered, I humbly desire your Honor that the Councel of State may know of these my most humble propositions, and take such Order in it, as the greatnesse of the cause requires, for the safety and benefit of the Common-wealth, all which I humbly submit to your Honors great wisdome, and remaine
Monday the 13. of December 1652. At the Councel of State at White-hall.
ORDERED, That Master Thomas Violet doe assist in the behalfe of the Common-wealth, in the prosecution of this present Suit, in the high Court of Admiralty, against the ships Samson, Salvador and George. And that hee doe repaire to Doctor Walker, Advocate for the Common-wealth, and acquaint him from time to time, what hee hath to offer on the behalfe of the Publique in Reference to the said Ships.
A Breviat of severall Papers delivered to Doctor Walker, & severall of the Committee of Forraigne affaires, since tht 13. of December 1652. to the 27. of January 1652. according to an Order of the Councel of State of the 13, of December last, concerning severall prize-ships, and the silver and merchandize therein, with a Letter to Doctor Walker the 29. of January 1652. concerning all the Premisses.
SIR, the Bullion, Money and Merchandize at present under question in the ships Sampson, Salvador and George, depending in the Admiralty, is of so great and considerable a value, and of so high concernment in president, and other relation to the Common-wealth, and most of it so probable to prove lawfull prize, if timely and duly prosecuted, and the [Page 14] passengers in the said ships, and other witnesses I have presented to Master Bud to be examined; it behoves the State, as I humbly conceive, not to suffer these ships to passe, as many ships of great value since the warre with the Netherlands have done, to the unspeakable dammage of this Nation, it being no new thing for the Hollanders, in time of warre, to saile under the colours and names, and with the cockets of Hamborough, or some other of the Hanse-townes, for they did it all the while they had warres with Spayne, nor for the ships of the Hance-townes, Ostenders and Dunkirkers to bee transporters of Dutch goods through our Seas, from and to all parts of Christendome, especially Spayne.
Nay, many times, the better to countenance, their ship or ships shall be built in Holland, and formerly sold to some friend or correspondent in Hamborough, Emden, Lubeck, Dunkirk, Ostend, or the like, and for the better colour called the Lion or Dove, &c. of som of the aforesaid places; when really and actually it belongs to Holland or Zealand, and for instance whereof one of the ships now in question, stiles it self by the name of the Hamborough of Hamborough, and is certainly known and will be proved to belong to Rotterdam, and so no question will many more of the ships under arest prove to belong to some towne of Holland, and the united Provinces, when strictly and duly examined.
Nor is it any new practise for publique Ministrs of other States to make use of their function and Masters Roabe, to befriend the subject of their Allies, in case of the like nature of clayming Treasure and Merchandize, wherein the native trade (as in this) may be concerned, or were it not but for the advantage of salvage in such cases conived at, and many times by the instructions of their superiors allowed to publique ministers, as perquisites of their imployments [Page 15] they many times gaining more by such avenies, then by their constant salaries.
I have often heard sir Lewis Dives say, that when he lived in Spayne with his father in law, the earle of Bristoll, and the Lord Cottington, they did doe the same for the Dutch in Spayne as is now offered for the Dutch in England.
And I beleeve there are some forraigne Princes agents in England at this time, that understand to make their particular profit, in this conjuncture of time, as well, if not better, then eyther the earle of Bristoll, or the lord Cottington did in Spayne; and upon this ground and for this end, it is more then probable that some publique agents appeare in this present question in the Admiralty; not that eyther their Master or his subjects, in all likelyhood, are otherwise concerned, nor he or they warranted therein, but only for their particular profit.
Sir, this is not a common cause, and I see you take it so by your care, you keepe your word, you bid me find proofe and you will hold the ships and silver, let some of the Judges talke what they please, you will discharge your trust.
Sir, the state of Spayne is rarely known to have sent or transported any bars of silver, or coyne on their owne or other ships whatsoever, to the prejudice of their Mint, that being most absolute contrary to their lawes, which makes transporting money death, without the Kings originall Licence; had the Merchants one, they would have shewed it before now. True, it is often stoln away by the Dutch, which is done without the Kings warrant, bills of store, or publique allowance, and so you will finde this is, and thereby the more lyable to question, and upon strict examination it will be cleerely proved prize: if the Dutch should cozen us of this money now they are ranting in the Downes, the [Page 16] Commonwealth would suffer extraordinarily.
Therefore all persons that claime this silver, I humbly conceive, ought to be prest to declare specially and particularly, whether he or they pretend the money, or bullion, or any part of it to be the King of Spaynes peculiar Treasure, or his subjects? and if so, he or they ought to shew some speciall and authentique Warrant or Order of his or their Masters or Officers for it, Registred in the ports of Spayne, and also to prove that by authentique witnesses, by some of his Masters subjects, at the place or Port of S. Lucar or Cadiz, and attested here by like originall bills from the officers of the Customes in Spayne, which bills of lading correspondent, and their authentique duplicats, with letters of consignement suteable, the Pursers bookes of entries, with all the particular and respective marks agreeing with the bills of lading, bills of store and letters of consignement, and all the markes of the bars and bags duly Registred, either for the King of Spayne, or his particular subjects. If they cannot spell and speake all this perfectly, justly and truly, at the Port of saint Lucar or Cadiz, they may faile of their ends for all their confident clayming, and the like might every Merchant pretender doe, or fail of his.
Nor can the Articles (of the old League) supposing it to be renued and confirmed by this Common-wealth, excuse the ships Sampson, Salvador and George, under question, from a search, as is pretended they ought to be, unlesse they first prove, that those ships, silver, and all the lading doe really belong unto his Master or some of his subjects (nor those of the Netherlands) which I humbly say, he or they will never be able to doe, and I have sufficient proof to the contrary, if I can but get my witnesses examined: I have about eight witnesses to examine; and the Merchants will pack many of them away now they hear [Page 17] I have used to send som of my Intelligencers amongst them into St. Katherines and other places.
In the mean time, if either his Master or his subjects receive damage by any publique ministers claiming silver which is none of theirs, but belongs to Holland, the Commonwealth is excused and free, and the publique minister must bear the blame, if any, using his Master or his Subjects title to the silver, when they had no title or interest therein, w ch if that designe had taken effect, all men may see the damage that would acrue to this Nation thereby, whatsoever may be pretended to the contrary.
Sir, The law takes no notice of Words; but legall proof and evidence where a publique minister bears Parol against the interest of the Commonwealth amounts to no more then a private mans: for when a claim is laid to all this silver by forraign Agents, as the King of Spain and his Subjects silver, I shall prove part of this silver belongs to some Merchants of the united Provinces, our mortall enemies, and a small part of this silver belongs to some Merchants in London.
Sir, If I finde a man tripping for a penny, I will trace him for a pound; I fear not to speak a truth in this particular, it is for the safety and well being of the Nation that makes me speak so earnestly.
Sir, though in Court and matters of State, publique ministers be allowed a Credence paramount, agreeable to their letters Credentiall of forraign Princes; yet neither those Letters nor their Function shall, I humbly conceive, allow them any, neither the lest priviledge or preheminence (beyond civility) in any Court of Justice against the Common-wealths title in this businesse of the aforesaid Prizes and silver.
1. The Spanyards are as rarely found to trade out of their own Territories, all writers say (or between) upon Strangers bottoms as their King himself, and so [Page 18] the goods not likely to have beene theirs originally, or by originall consignment; colourably perhaps they may, that is since their seizure consigned to som of Antwerpe to defeate the claime of this Commonwealth, they being commonly partners with the Amsterdammers, that being usuall in cases of the like nature, especially where so much respite of time hath beene given, and so much money stolne out of these ships, which shall in all likelyhood be imployed to bribe out of the States hands these ships, if they can fasten on any, in power, that will be so wicked to receive bribes, if my humble advice had beene followed, the stealing this silver had beene prevented.
2. The like assuredly may be affirmed touching the money bullion and plate in the ships in question since the naturall subjects of Spayne dare as ill, or worse, transport any silver, as strangers, the crime being alike penall to both, but the subject in a worse condition, if he adventure, being a man of estate, because he remaines in the Countrey, when the stranger perhaps never returnes to answere it, if discovered; after he is out of the Countrey, as upon publication of this businesse many will not dare to returne into Spayne, lest they forfeit not only their own particular, and their friends estates, but also their lives.
But Sir, suppose it may bee objected, that generall negatives, from never so many instances, of never so universall non uzans, amounts not to the face of one particular affirmative profe in contra; yet it cannot be denied for reason, and so I humbly conceive, ought to be granted, that som such distinct, particular and signisicant proofe in a cause of this high nature and concernment to the profit and safety of this Common-wealth, ought first to bee made of the lading of this silver, and that from the originall Port of Cadiz or S. Lucar, under the Kings [Page 19] Seale, or from the Duanas there, before any credit can be given to generals, against so known, constant and universall custome of frauds daily practised against this Common-wealth, as I have discovered concerning these Prize-ships before mentioned.
Sir, I have made some of the Councel of State acquainted with the severall waies, how the Merchants cozen the State about their prize-ships and goods, and they are very apprehensive of it, and I know some of the State will call this businesse to a strict accompt, therefore I humbly desire you therein, still to continue your care as you have done.
Sir, truly if at the first those publique Ministers that claimed had produced originall Warrants from the King of Spayne, the attestation of the Ports of Cadiz and S. Lucar from the Duanas there, by authentique witnesses, that this silver was shipped for the King of Spayne or his subjects proper accompt, and that all that was claimed was really true, and made that the ground of their exceptions against the proceedings of the judicature of the Admiralty, & therein had appealed to the Councel of State or Parliament, my humble opinion is, that perhaps their demands might have arived at a fairer issue then now they may have reason to expect.
And (by Gods assistance) they shall have a quick and a vigilant eye on them; for night and day, I and my Instruments shall watch them, so that som merchants and others may live to wish they never had medled in this silver businesse, and this I will prosecute according to my Order faithfully, though it cost me all that ever I have in the world; I know I have ventred my life in this businesse, and I will not pluck back my hand let my hazard be what it will.
Sir, whosoever travels, and will enter the confines of another Nation, though in amity; by the Civill-law, that is the law of Nations, it behooves [Page 20] him to carry with him a sufficient Passe, declaring from whence, and what he is, to what place bound, and when demanded by any publick Officer to make that known and proved, or upon refusall, or for want of such a passe, he is at discretion liable to bee arested and imprisoned untill hee cleere the doubt and give satisfaction to the law, but if it be proved he hath made a false Passe, or that hee bee of another name or Countrie then hee pretends, hee may bee hanged for a Spie.
The like Lawe governs at Sea, the Sea-mans ordinary Passe for his ship, is his Cockets, I meane true ones, not counterfeit and feigned; his true bills of store, bills of lading, letters of consignment, Pursers and Supercargoes bookes fairely and truly kept for his goods; not such bills as Otho George presents, and if any Master of a ship be found at Sea without these, or the chiefe of them at least, he shall be taken under the notion of the Lawe for a Pirot or common enemie; if he have any such and will not shew them when required at Sea, or that any of them be justly to bee suspected by the Commander that requires them, such Master my be brought before the Court of Admiraltie, or a Court of Delegates for his tryall, and if there he refuse to cleere himselfe; ship, goods, and every part of his lading, by the respective waies of proof and warrants, before mentioned; or that the Captain, Master or Purser have torn, imbezeled or flung away any letters of advice, or bills of lading, or forging false bills, or names, if proved, or any miscarriage as aforesaid, such refusall and practises in other Countries is accounted a high contempt to the authority of the Nation, by which such Court sits, and for a sufficient ground to an imediat confiscation.
Sir, if this be not made a Law in England, for the future, and the like for any Master or Purser of any [Page 21] strangers ship, passing the Seas of this Common-wealth, upon summons, that shall present unto the Commander or Judge, false bills or Cockets, and to conceale any part of their lading or facultie, and not to discover the proper owners to whom, or from whom they are consigned, this Nation will deerely finde much of that which might help to maintaine the Warre will goe besides, and the State will still be deluded by the Dutch, as they have beene to the value of about two Millions since August last, for it is an usuall custome with traders of all Nations, especially the Dutch and Easterlines, in time of Warre, to carry to Sea, as many Cockets as Colours, and as many severall bills as they feare enemies, or question, and if they be surprized, can at a very short warning procure and counterfeit what may serve their turnes: And this you shall finde to be the true state of the ships Sampson, Salvador and George, with all their lading and silver.
Wherefore, and for which cause chiefly, the strictnesse aforementioned is used in other Nations, viz. to prevent collusion. Sir, in France, one parcell of goods found consigned to an enemy confiscates the ship and goods. In Spayne or Holland, a barrell of butter, or a case of Pistolls, consigned but as a present to a friend shall doe the like, and I hope the same civill-lawe we receive from them shall, by us, be put on them now these ships are in judgement before you in England; it is for the honor and safety of this Nation I presse, and I see you doe your utmost, would I could say so of the rest in trust in the Admiralty.
Sir, it is to bee feared, that if this Common-wealth doe not make some necessary additions to their Sea-lawes, and give some new Rules and Instructions to their Court of Admiralty, to prevent the many abuses put on us by the Dutch, in the businesse of the States prizes, other Nations will gaine advantage by our [Page 22] neglect, or over easines; it appearing, that for want of such amendment, or at the least not understanding those lawes in force by our Sea Commanders, &c. many a rich ship hath escaped their hands, and safely arived in Holland since the War (which the Dutch began) to the value of above one million of money by that way, and no lesse to be suspected that the enemy by his subtle taking advantage of the old, and too gentle practice of our Court of Admiralty, and chiefly by their not being put to pleade specially, may probably get these that remaine now under question to be freed likewise, if not timely looked unto, and thereby the State farther abused and prevented, the enemy encouraged and enabled, whiles our owne honest Merchants sit at home and breake, or thrive not (a fatall mischief to this Common-wealth) our enemies gayning, upon the matter, what we lose or let passe; and to breake this confederacy, the State must make sharpe lawes, and then see them strictly put in execution; the meanes left for remedy is, securing at present the ships and goods and silver, which lies under question, and I conceive ought carefully to be looked after.
Sir, I finde some in power and trust forward to gratifie the Dutch in this particular, to the unspeakeable damage and hazard of this Nation, to prevent which, I humbly propound this way, viz.
1. Sir, I offer in my owne name, as for the intrest of the Common-wealth, to protest against the late acts and proceedings of the Court of Admiraltie, to pray respit of Judgement, and to appeale to a Court of Delegates, according to the Statute
2. A Commission being granted thereupon to some select, knowing and approved Persons, whereof some chief to be of the Coram, and before them proving the daily imbezelment of the silver, the unsafety of the goods, and the apparent danger of [Page 23] their imbezeling, whiles they remaine on ship-board, which by affidavit, and other good testimony may easily be proved. Sir, I pray that the goods, mony especially, may be brought a shore, and secured in safe ward, untill the cause be returned, and for better information of the Delegates, that all former proceedings of the ordinary Court of Admiraltie touching the premisses in question by name, may be returned into that Court, and my selfe Ordered and impowred with a large Commission in severall respects, for enabling me to doe this service.
This cause being agreeable not only with the laws of this Common-wealth, but consonant to the customs, lawes and uzance of all other Nations, in cases of like eminencie and doubt, the conveniences thereof will be.
1. It will put a stop to most of the abuses and inconveniences afore mentioned, without blemish to the former proceedings of the Court of Admiraltie, redeeme the cause from that losse it is now in danger of, and disappoint many mens expectations, who have laid a designe to cozen the State of this treasure, and lay a foundation to Rules, and give matter for further instruction for the government of that Court, a businesse of great concernment to the safety of the Nation, in this present conjuncture of time.
2. Whiles the cause is but removed into a higher Court and depends there, in order only untill a legall tryall, neither any publique Agent, nor other pretender whoever can justly complain, especially they having given so great a cause of jealousie, by claiming more then their owne, in owning other mens treasure, and by refusing to produce speciall proofes for what they pretend to, it being at worst but lex talionis, we finde the same measure abroad in all like courts of Christendome at this present; I humbly conceive the affaires of the Common-wealth doe [Page 24] not stand in such a posture, that they should suffer themselves to be cozened of foure hundred thousand pounds now I have discovered the fraud to them; this money will save taxes, it will set the Mint on worke, and fill the Common-wealth with money, and for every one I displease I shall please a hundred honest men, that are true lovers of their Countrey.
3. Sir, whiles the plate Bullion, or other goods remaines aboard the ships, and in the Masters custody, they pretend an Interest by possession, and taking hold of some ill-customes and prejudiciall Rules of our court of Admiralty; you the Common-wealths Advocate are put to proove the goods in question to bee our enemies.
Sir, the goods and monies being once brought a shore, and in the States p [...]session, or under ward by order of the Justice, they which were Defendants before, must be Complaynants, and of course prove their Interest, especially and upon authentique testimonies out of the bookes of customes and Records in Spayne, whereby many an advantage will accrue in evidence for the States availe, the money for want of sufficient Warrants to transport it, or of speciall Laders to owne and justifie the Bills of lading to bee truely and justly entred at S. Lucar or Cadiz, will undoubtedly be most of it the Common-wealths, and if the money be gained, certainly much of the goods will endanger the same fortune.
4. In case any difficulties should happen in proofe or scruple, upon any thing offered in evidence on the other side, the Court may thereon take time for better information by intelligence from abroad both in Spayne and Holland and other parts, and no question much advantage themselves by overtures of proof on the contrary part.
5. Honored sir, suppose the Common-wealth should at present have any treaty of friendship in hand, [Page 25] which they would not have willingly obstructed, or disordered, or any enemy whom they would willingly invite by kindnesse, which seldome succeeds to expectation, the Duch being a stubborne people, here are many helps for both advantages, of both kindes, they may gratifie themselves or friends as they please, and pendente lite, take what time they please for eyther.
6. And lastly, In case, in the meane time, the Common-wealth shall have any present use of this treasure, they may take an occasion at the cost of a complement, to draw all the Bullion and silver through their Mint, the worst of it being only to promise restitution in case any part of it should prove lawfull prize; a conveniency which no state in Christendom having like occasion would bauke, or deny it selfe, in so faire an oportunity, for which there wants no presidents in the best times of government under Monarchy, in several presidents in Queene Elizabeths time, from which it can be no disadvantage for this Common-wealth, to take some examples, especially in things belonging to forraigne affaires,
SEverall of these Papers, with some alterations and additions, I also delivered to the Committee of forraigne affaires; to Doctor Clarke, Advocate for the Common-wealth, M. Wilson, M. Oxenbridg, and M. Sparrow, Commissioners for Duch prize goods, with a list of about fourscore witnesses, part of them have beene examined in the Court of Admiralty, and some of them told me they could not be alowed to have put down what they said to the examiner, [Page 26] and three of them, holding their hands before their eyes, said; that Spanish silver had put out the eyes of some in the Court of Admiraltie, and if there were not some stricter care taken about the States prizes, the Hollander would laugh in his sleeve, to see how they daily had cozened us, and these persons were Master Long and his two sonnes, all three ship Carpenters, and people that had for about thirty yeeres lived in Holland, and came over in obedience to the Act that calls ship carpenters home out of forraigne Countries, and they knew some of these ships that have beene discharged the Court, to bee Holland ships, and several of the mariners and masters of ships to belong to the people of the united Provinces; I carried them downe to view the ships that were under question, and we found many shot and torne, and yet these ships have beene discharged; I seeing the combination of several of the Court of Admiralty to neglect their duty, did sit up together many nights and dayes, and never slept in that time, with the assistance of severall men to write night and day; I did by Gods assistance and my intelligence get full proofe to entitle the State to the silver, to make it all prize, as appears by my Letter to master David Bud, the Proctor for the Commonwealth. fol. 90. 91. 92. 93. THO. VIOLET.
SIR, you may be pleased upon perusall of these Papers to see cleerly that I looke not after the coyning of the silver, but will also (by Gods assistance) prove that almost all the silver in every one of these ships remayning here is lawfull prize, the like I shall doe for almost all the goods a shipboard, [Page 27] notwithstanding some in the Court of Admiralties forwardnesse for the cleering of them; truely Sir, I humbly tell you, the English proverb will proove true in this particular, That soft fire makes sweete Mault, and I am sure in this businesse, haste hath made wastes in so high a nature, that if it had not beene timely prevented by mee, the losse had beene irreparable to this Common-wealth, to have had this silver come unto the Duch, in this conjuncture of time.
Sir, for the treasure a shipboard the George, Sampson, Salvadore, the Peter, the Michael, and severall other ships that came in company all together from Cadiz, the thirteenth of October 1652. that is a thing impossible but that the State must have for lawfull prize above nine parts of ten, of all the Treasure aboard any of the aforesaid ships, if you pursue the order of this note I herewith send you; Sir, it is for the safety of the State, their well being depends thereon, that makes me so earnest in this businesse night and day; I have it from knowing hands, that it is agreeable to the civill-Lawe, by prime men that know by practise in forraigne Countries these things to bee true. And therfore I doe most humbly recommend them to your just care, as you have most worthily done, for which I give you humble thanks: Moreover I humbly tell you, I have proofe the silver in these ships was stolne a shipboard by night by the Spanish Bravos, or Boatmen, some of the ships lay foure moneths in the Harbour of Cadiz, only looking for the Spanish fleete, and this is known unto all honest Merchants an ordinary course for the Hamburgers every yeere to doe the same, and that these ships stole in by night, for sixteene or seventeene nights together, several parcels of silver, and that the silver so stolne a shipboard was in returnes of goods sent to the West- Indies, which were goods sent by the [Page 28] Hollanders formerly, and by their owne confession if the silver were taken, it would be confiscated by the Common-wealth of England, also it will be prooved, when the said ships came away from Spayne, they all stole away without leave.
Sir, these things according to my order from the Councel of State, I humbly present unto you, for the service of the Common-wealth, and remaine
For Vincent De la bar, Esquire, at Dover.
SIR, and my most true friend, I received yours of the first of January, in answere to mine of the 26. of December, I finde that your urgent occasions call on you to stay at home for the present. Sir, I am most tender of you, as my respects binde me for former civilities. Sir, I conceive wee have enough witnesses at home, here at London, about that which I am required to doe by the State, for their service, if not, I shall be enforced to make a journey into the Countrey to Dover. I have sat up seven nights and dayes within these three weekes, about the Salvador, the Sampson, the George, which ships have about foure hundred thousand pounds of silver, and I shall prove it Duch silver; Master Brames will intimate the businesse unto you how it stands; pray present my service to your Lady, and to Master De la vall, when this businesse shall come under an examination at Dover, I shall be carefull to doe you all just respects, I beleeve I may bee in few dayes commanded [Page 29] to come downe unto you in one behalfe I am glad that I have an oportunitie to see you, the other part is concerning the greatest businesse in this Nation, in relation to the silver ships that are brought in as prize; in short, you will finde that there is a generall Imbargo, and I will by my witnesses, make all the silver in the George, the Sampson and the Salvadore prize, when I shall see you I will tell you more then I will write.
I must suddenly speake with Master Thomas De la vall, therefore I pray let him know it; Ralfe Colline, Charles Valey senior, Charles Valey jun. Will. Dunston, Michaell Dehuz, James Younricks, and have them all examined about these prize-ships and silver, and the States of Hollands Commission to gard these Hamburgers from the English-fleete, I pray you have a care what Bills you accept, for you will finde this businesse will breake a great many Merchants in Holland.
For Arnold Brames, Esquire, at Bridge by Canterbury.
MY most noble friend I should have waited on you on Wednesday, at Dover, but I am commanded by my Superiors to obey them in London; Sir, the businesse I spake last unto you of, I am confident since I parted from you that I have done my discovery, wee finde enough proofe out of [Page 30] London to doe that businesse, so for the present I shall not have the happinesse to wait on you, but within few daies I thinke to receive order to come downe with Master Charnock unto you, I have writ so much to master Vincent Delabar my most worthy friend, I have divers times prayed to God to make me in such a condition that I may really pay my vowes, that is to give you my life and fortune at any time, in requitall of your great civilities, and rest assured I doe not desire any inconveniency should come upon you, or yours, in any businesse I have a hand in, but if God should so order it, I would venter as far as my life to serve you really, so far as the States just intrest bee not hindered, and I know you expect no more, for my faith is ingaged to follow this businesse to the uttermost. Farewell, The Prince of Merchants.
I sent post haste for master Edward Watkins to come from Dover to assist mee in this businesse, about the Silver in the prize-ships, and I thanke him he came up post presently, which hath much oblieged me, and though the Parliament have taken away his place these foure yeeres past, yet he is as nimble to make these discoveries as ever he was, and he hath all his old instruments. Truly Sir, I should have won your wager, if you had laid, about your old friend Otho George, you will see hee will not cleere his Silver so easily as you thinke, for I have both him and others fast in a trap, and this you will find true; I pray have a care what Bills you accept from Amsterdam, for this businesse will breake a great many there, vale. THO. VIOLET.
Thomas Violet maketh Oath.
THE fourteenth day of December 1652. about foure of the clock in the afternoone, he met with Sir Sackvile Crowe in whitehall, hee told the Deponent, that the Spanish Embassadors businesse was to lay claime to the Ships and Silver that were stayed by the Parliament, and the said Sir Sackvile Crowe further told this Deponent, that within a few dayes hee had some serious communication about the businesse with master Pompey Calendrine, a man he knew that was well versed in all the subtleties of Trade, for that hee was brother in lawe to Philip Burlamacke, and his booke-keeper for all his accompts by exchange; since hee had an imployment in master Prideaux office, and mannaged the Letter office for master Attorney generall; Sir Sackvile Crowe, after severall arguments pro & con, the result of all was, that Pompey Calendrine said unto Sir Sackvile Crowe, that upon his owne knowledge the aforesaid Pompey Calendrine knew that all the silver in the ships claimed by the spanish Ambassador, was and is really belonging to the Hollanders, and people of the united Provinces, and holding up his hand said, doth this hand belong unto mee, so truely and really, to my knowledge, doth all this silver belong to the Hollanders, though the Spanish Ambassador claim it.
This Deponent further saith, that Sir Sackvile Crowe wished the Deponent that hee would take som order to get Pompey Calendrine examined of the truth of this, for it is of great concernment to the State; This Deponent further saith, that friday the thirtith of December 1652 this Deponent wayted on Sir Sackvile Crowe, and found him at his lodging in the [Page 32] Tower, and there this Deponent told Sir Sackvile Crowe, that according to his desire this Deponent would move and Petition the right honorable the Committee for forraigne affaires, that a Letter should be sent unto him to attend the Committee of forraign affaires, but I would not but first come and wai [...] on him, to see if hee did not finde I had taken his [...]ence aright, concerning what he told mee about Pompey Calendrine; whereupon hee said to mee I had, and that if he were commanded he would justifie a great deale more, that to his knowledge Pompey Calendrine had reason to say what he did, for if the Ambassador of Spayne had not proceeded according to the strict rules of the Admiraltie; Sir Sackvile Crowe knew then that there was fraude, knavery and roguery in the Merchant.
That if the Committee of Forraigne affaires would be pleased to admit him to speake his knowledge in this point, and they to appoint some of the Judges of the Admiraltie to be by, hee would make it cleere unto them, and taking out the engagement, bad me read that, and told me, since hee had taken the engagement, hee would bee as true to them as ever hee was to the King, and whatsoever his opinion was formerly, hee had not received such obligements from the other party to suffer upon his skore, as hee had to bee a sufferer for his father, and if the Committee for Forraigne affaires pleased to heare what hee could say unto the Judges of the Admiralty in this point, hee made no question but it should bee to your satisfaction, and a great service unto the State, and that he would attend the honorable Committee in this businesse at a dayes warning, and bid mee return this answer with his humble service.
THis Affidavit I delivered to Alderman Allen who communicated it to the honourable Committee of inspection, and they carried it downe to the Committee of Forraigne affaires, who presently ordered a Letter to bee sent to Sir Sackvile Crowe, and also Ordered the Judges of the Admiralty to be there, with Pompey Calendren, whereupon the Committee for Forraigne affaires examined Pompey Calendren before the Judges about the same, who at first denied the thing, but being pressed by the Lord Bradshaw, Sir William Massam and others of the Committee, to consider before whom he was, and to recollect himselfe well, and seeing Sir Sackvile Crowe affirmed it, and much more to bee true, the said Calendren confessed he received letters from Amsterdam that did acquaint him with what he had spoken to Sir Sackvile Crowe, and that he had the Letters by him and that he acquainted master Attorney-generall formerly with the contents of these Letters, whereupon the Committee required master Pompey Calendren to attend Doctor Walker with the Letters the same day, which he did accordingly. THO. VIOLET.
To the right Honorable the Committee for Forraigne-affaires, delivered to the Lord VVhitlock and Sir VVilliam Massam.
THE seventeenth of December, 1652. I Tho. Violet came into the Court of Admiralty, at the request of the Commissioners for Duch prizes, to assist in behalf of the Common-wealth, against all prize-ships depending there, and had their Warant [Page 34] to authorize me therein, besides your Honours Warant to assist concerning the silver-ships, Sampson, Salvadore and George, in the Court of Admiralty, I produced my Warant, and delivered it in to the Judges in that behalfe.
That day there was appointed by the Court seventeene ships to be discharged, conteining three thousand foure hundred tonns, being all richly laden with silver and merchandize, worth many hundred thousand pounds; the Judges would discharge them, and though I shewed them many reasons, as appeares in my booke formerly put forth, fol. 75. 76. 77. 78. yet some of the ships were discharged, and though I told them, that in my eye, in the face of the Court, there were about ten Merchants, who by combination with the people of the united Provinces, did colour the Duch prize-ships silver, and all sorts of merchandize, yet some of the ships goods and merchandize were about the 17 of December discharged.
The twentith of December, 1652. I waited on the Committee of Forraigne affaires, and made them acquainted with what had passed in the Admiraltie, thereupon I was commanded by the honorable Committee, that what I had to present, I should deliver to Doctor Walker, the like Order master Thurloe delivered mee from the Councel of State, and that thereupon the Judges of the Admiraltie, and Doctor Walker should consider of my Papers, and report their opinions to the Committee of Forraigne affaires; this Order I received from the Lord Whitlock and the Lord Bradshaw.
Thereupon, because I would take witnesse what these Judges did, I desired master Edward Watkins and master Charnock to goe along with mee to Doctors Commons, for that Doctor Walker and the Judges had appointed mee to consider of all my Propositions, [Page 35] and would take speciall care, as Doctor Stephens said in the businesse, when we came at the day appointed which was about the twenty fourth of December, Mr. Bacon was out of towne, Doctor Exton not well or would not be spoken with, for I perceived he did not like my coming to him about the businesse of the prize ships, and Silver in them, nor my staying them.
Thereupon Doctor Stevens moved to put the reading of my Papers off till another day, I told Doctor Walker that, for my part, I saw there was such proceedings in the Admiraltie, and the Common-wealths businesse in the prize-ships stood upon such a point that the State might be cozened of every penny in the prize-ships upon a day or twos delay, both all the silver, merchandize and ships, which were worth many hundred thousand pounds, I told them though the Court had given them a discharge, yet God be thanked they weee not gone, and that I would make it appeare that a great part of those prizes they had discharged were Duch goods, and the number in all then in England were about forty ships, according to my intelligence, and that the ships that were of the Hans-Townes were laden with severall parcels of goods that belonged to Holland, and that the Commissioners for Duch prize-goods, had done well, and great service for the State, in not obeying the decree of the court till the truth was found out, notwithstanding their Decree the ships at present were all of them in their severall Ports of this Nation, and could not get away by reason of the States-Generall Imbargo; and before the Imbarg should bee taken off, I would make the State acquainted how the businesse was mannaged about their prizes in the Admiraltie. I told doctor Stevens that the court of Admiralty had never so great a businesse before them as the Silver and these prize-ships, thereupon doctor Stevens went into [Page 36] doctor Walkers chamber, and I tooke master Edward Watkins and master Charnock, to bee my witnesses, and master Charnock read over to them, all my papers, which tooke up more then two houres time, I was so weake with sitting up severall nights, that I was not able to reade them. When they were read, I asked doctor Stevens and doctor Walker what they thought, and whether they were not satisfied by my papers there read, and witnesses, of the danger, dammage and mischief this Common-wealth would suffer, if that these very ships, which the court of Admiralty had discharged had gone into Holland; and both doctor Stevens and doctor Walker, looking earnestly one upon another, doctor Stevens said to doctor Walker, what shall wee doe in this businesse? I told them that I humbly conceived it did concern the court to consider well what they did in that businesse eyther of the silver or other prizes, and that whoever had a hand in the discharge of the ships, I would call them to an account in Parliament, if they let one of the prize ships, or the silver in them goe, till my witnesses were examined, and thereupon I delivered a list of my witnesses to doctor Walker, and told him I would sit up night and day, till I had finished drawing up Intergatories, so that they would assigne me a cleark or two of the Court; they assigned mee master Bud, the States Proctor; I asked doctor Walker whether he did not know most of my witnesses, for they were the principall Merchants in England that trade for Spayne and Holland, hee said he did; thereupon I told him that I must have the viewing of the Intergatories and liberty to add more witnesses after the Clearke had put them into a forme, and sorting them to such and such men as I know can speake to the particular points; I told them I must have a view of all bills of lading, and other Papers master Bud or the Register had, that this was a businesse I had beene for many [Page 37] yeeres versed in the like kinde in the Starr-chamber against the transporters of gold; I told them of many defects in the proceedings of the Court, and that the States not mending the proceedings in the Admiralty, had given occasion to many duch-skippers to cozen this Nation of millions of money for want of a strict Rule in the court of Admiralty in that behalf.
Thereupon Doctor Walker replyed, the discharge of the ships was none of his judgement, the Judges must looke to that, hee had looked faithfully, to the uttermost, as far as he could by his place; Doctor Stevens desired doctor Walker to goe along with him to the Councel of state, and that there they would desire the Councel that the generall Imbargo might remain, till the court of Admiraltie had made a review, and examined the witnesses that I delivered into the court; and that I should have a view of all Papers concerning the Prizes that were depending in the court of Admiraltie.
But Dr. Walker reply'd, that those that had adjudged the discharge of the ships were to looke to the stay of them, and that he perceived that their judgement for the discharge would be called unto accompt, and that therefore it was best for Doctor Stevens who had a hand in the discharge, to goe presently to the Councel of state, which hee did, with master Edward Watkins, master Charnock and my selfe; where Doctor Stevens desired the Councel, that afternoone, that the generall Imbargoe might be continued; and Ordered my Witnesses in the meane time to bee examined; how well that Order hath beene performed, rests now under examination, and Doctor Walker delivered formerly some of my Papers to master Bud, where I prest with much earnestnesse his carefull dispatch of my Papers. This discourse was in Doctor Walkers Chamber about the twenty fourth of December 1652. in the presence of [Page 38] master Edward Watkins, master Charnock and my selfe; and doctor Walker told doctor Stevens hee did eve [...] thinke at one time or other the State would have a revieu, and that made him ever carefull nothing should lie at his doore, for hee would cleere himselfe.
The names of severall witnesses I delivered in to doctor Walker and master Bud to examine for the discovery of the duch prize ships, presented to him about the 24. of December 1652.
- James You [...]ricks
- Daniel Skinner
- Abraham Stock
- John Perrot
- Mr. Buddier
- Arnold Brames.
- Vincent De la Bar
- Tho. De la Vall
- Tho. Waade
- Edward Ranger
Dover Factors for the duch Merchants of the united Provinces, to examine them about these prize-ships depending in the Admiraltie, the sixteenth of December 1652.
- Adam Laurence
- Abraham Dolens
- Pompey Calendrine
- Anthony Ferrence
- Master Curcellis
- Abraham Culline
- Deric Host
- Master Beck
- Master Sion
- James Staniere
- Mr. Depester
- Salomon Morris
- John Vanderberg
- Lucas Jacobs
- Master Rushiott
- Antony Fernando
- Michaell Castell
- William de Fisher
- Giles Vandeput
- Peter Vandeput
- John Delens
- Tho Curtoys
- Lucas Lucie
- Jacob Jacobs
- James Bove
- John Sasse
- Francis Sayon
- William Vanburge.
Merchants, most of them strangers, dealing for the people of the united-Provinces, as their Factors, living all in London, to examine them about these prize ships.
- Richard King.
- Nathan. Wright.
- Tho. Jennings.
- Roger Kilvert.
- John Bland.
- Stephen and Richard Slaney.
- Daniell Fairvacks.
- Isaac le Gaye.
- Hugh Sowdon.
- Tho. Boone.
- John Tivil.
- Mr. Pickeringe.
- Francis Lenthall.
- Thomas Butler.
- Moysis Goodiar.
These are all eminent English Merchants trading for Spain, to examine them about these ships and the customes of Spain, concerning the registring of all silver and other particulars of these Prizes.
- Ralph Colline.
- Charles Vale sen.
- Benj. Stoman.
- William Dunston.
- Mr. Culline.
- Edward Ash.
- Alderman Dethick.
- Mr. Jollie.
- Tho. Rich.
- Mr. Long and his 2 sons.
- Charles Vale jun.
- John Perine.
- The Surgion of the Sa [...]pson
- Rich. Scott.
- Bernard Clauson.
- Philip Brown.
Merchants, Mariners of severall places, and others aboard the Ships Sampson and George, to examine about the silver and Prize-ships.
- Tho. Viner.
- Alexander Hoult.
- Rob. Cordwell.
- Samuell Moore.
- George Day.
- George Snell.
Goldsmiths in Lombard-streete, that usually buy the gold and silver of the Merchants; to examine them about these ships, and silver they bought about Christmas last, and of whom, and if they will tell you the truth, then it will be found that almost all the mony coyned about December and January last, hath been stoln and conveyed a shore out of the prize-ships Peter, Sampson, Salvadore, George and Michael, to the great dammage of this State.
- John Foster
- John De la Bar
- John Daye.
- Gregorie Wilshire
- John Baker.
Authorized Brokers that deale on the Exchange for monies.
-
- James Hoore
- Thomas Burch
- Edw. Watkins, late head searcher of the Port of London
THese witnesses I delivered unto Doctor Walker the day abovesaid, and I finde not one witnesse produced in Court by doctor Walker, for the stay of Otho George his ship Sampson, Salvadore or George, and the rest of the silver-ships, but what were my witnesses, which I delivered in to doctor Walker, and Master Bud the Proctor, and Master Doreslaus before they were examined in Court, I delivered to doctor Walker several Papers according to my Order from the Councel of State about the spanish-silver, and the waies used in other Countries, which Rules and practise of Merchants I had from many eminent traders from several parts of this Nation, and from beyond [Page 41] the Seas, besides my owne experience; doctor Walker all the dayes of his triall, made use of them to the full, and all the duch Merchants storme at mee, and some of them threaten my life, as being the only instrument for the stay of the silver, and I am confident doctor VValker cannot deny it, but these Papers I delivered unto him, shewed him more the present customes and usages of Merchants beyond Sea, upon the fraudulent practises of Merchants of this age, then all his bookes of the civill lawe, for the old bookes of that lawe discover not the hundreth part of the present tricks and practises of Merchants in this age, especially such cunning merchants as the duch now are, and doctor VValker did confesse at severall times both before master Edward VVatkins, master Charnock and my selfe, that for many fraudes and subtleties of the duch Merchants and skippers, set downe in my Papers, their waies they have to cozen the State of these duch prizes, there were a great many fraudes there in my paper discovered, which hee beleeved are daily used, which by the present Rules of the Admiralty the Court could take no notice of, for they went by a Rule, and if the Parliament would have those frauds prevented for the future, he thought it very necessary that I should present the same to the State, and that an Act should be made to prevent it, especially during this time of War; and doctor Walker did not deny but that many duch prize-ships, till the State enlarged the Rules of the Court of Admiralty, have and might be cleered, and after goe for Holland; and that if it pleased the Parliament to give stricter Rules for the Court of Admiralty during this War, and make it an Act of Parliament, then no man could or should make or presse the law further for the Common-wealths advantage then he would, and that I should see; and hee did order master Bud to let me see what writings and proceedings hee had in [Page 42] this businesse of the prize-ships and silver.
But as I honor doctor Walker for his great paines and care, I doe as much blame master Bud for his carriage, for when I first entred on this businesse, some friends of mine told me they had a jealous eye of master Bud, and indeede I did severall times tell doctor Walker, that I would complain of master Bud when I saw time, for several daies in the Court some times Letters not translated, somtimes Records not to be found, and upon my complaints doctor Walker told master Bud of it in the Court of Admiralty before the Judges, and said that he saw the businesse of the silver ships might come to a review by my prosecution, and hee would not have master Buds miscarriage in the business of the silver lie at his dore, and wished master Bud to mend for the future.
And although doctor Walker appointed master Bud to advise with mee about my Papers, and to let mee see what Bills of lading and Papers I would, concerning the prize-ships, such as master Bud had in his custody, concerning the silver prize-ships, and all other prizes depending in the Admiraltie, the sixteenth of December 1652. yet the said master David Bud never did let me come to have a view of any of the bills of lading or Papers in his custodie, though hee appointed me many times to have a sight of them; and because I would be neere him, I tooke lodgings not far from his house, in Bishopsgate-streete, and continue them to this day.
May it please your honors, if I had seene the Bills of lading and bookes of Entries, and all other Papers, according to doctor Walkers direction, I had stopped many a ship that hath beene discharged, but that would have hindred some Proctors of their fees, for I am credibly informed, it is ordinary for the Proctors to put downe in their Bills, besides ordinary charges, 40. l. 50. l. and 100. l. upon the cleering [Page 43] of a Prize-ship to the Merchants and owners of the ships.
I say if it be not prevented for the future, it will bring great ruine on this Nation.
The State should finde out (I humbly conceive) by diligent enquiry, the true reason, wherefore so many Duch Prize-ships have been let slip out of their fingers, after they have been brought into this Common-wealth with so much loss of blood and charge, and blown away in a breath, for the profit of particular men.
I humbly desire Captain Bishop's Letters from beyond Seas, may be produced at the Councell of State or Parliament, and there you will see what work hath been done by some in trust in the Admiralty.
May it please your Honors to avoid that I should not bee instrumentall to spoil this trade, Master Bud the Proctor, though he hath had order and himself promised me severall times, yet he would never shew me any of the bills of lading, or papers concerning any ships depending in the Admiralty the 16 Decemb. 1652. though I have been with him, and sent my man to him severall times, to have seen how many ships there were under arrest in the Admiralty the 16 December 1652, he hath promised me twenty times, but never performed.
When I went to see your Prize-ships, between London & Wollage, there went with me to see in what condition they were in, Mr. Paul Smith, Cap. Brock, Mr. Long and his two sonns, all three Ship-Carpenters; and wee looking both on the inside and outside of the Duch prize-ships, we found many of them rent and torn, which by the Law, if they fought in the channel of England against the States ships, they are prize; and for this I refer my self to Master Reylye's Records in the Tower; and thereupon I made my appeal in Court, in the behalf of the Common-wealth, [Page 44] and have a great many presidents out of the Records in the Tower, upon the like case it hath been done by others, to which Records I humbly refer my self. And I have caused the copies to bee attested under Mr. Rylies hand; he can satisfie you what pains and charges I have been at in that businesse, yet severall of these ships have been discharged, and they are dayly laboring to discharge the Morning-star, a ship laden with about fourty thousand pounds in silver, which fought in your channel. And finding your Court of Admiralty would discharge many of these prize-ships, I appealed in the behalf of the Common-wealth, and craved respit of Judgement till my witnesses were examined: The like I did for the silver ships Sampson, Salvador and George, and all the thirteen ships which I was aboard on by order and intreaty of the Commissioners for Duch Prizes the 14 December 1652. The Duch Prize Commissioners had under their charge a great many other ships besides these, about fourty at the least. I humbly desire the whole businesse may come under a strict examination before a Committee of the Councell of State or Parl. I humbly desire also, the Cōmissioners may be ordered to give me a particular accompt what ships were in their custodie the 16 December, the Masters names, and where they now remain, and what number of these ships are discharged out of this Nation; unto whom; and the time when: And when I see a perfect accompt from them, I shall humbly acquaint your honors how your businesse now stands. It is very much for the safety of this Nation, for the State to keep a strict accompt of this businesse [...] the Admiralty, as your honors will finde upon a strict examination; for if the State had kept a strict eye on all the ships that have passed out of their hands since August last, and examined the bottom of this businesse, they would have had millions of treasure [Page 45] in their custody that is now in Holland; and the people of the united Provinces would have been necessitated to seek for peace, because they could not otherwaies maintain trade, and without it they cannot subsist: there must be some strange connivence with some of your officers in the Admiraltie, or else this mischief had been prevented, if all men intrusted had been honest. I pray see my book fol. 99. These things I humbly submit to your honors.
To the right Honorable, the Lord Bradshaw, these humbly present.
I Have left with Colonel Harbert Morley this day my Petition to the Councell of State against Otho George: I humbly desire your honor to take notice, if the Counsell doe not take some present order in it, to consider what encouragement my self or any man that serves the Common-wealth in the discovery of the Ships, silver and Merchandize now brought in as Duch prize shall have when they shall be assaulted in the streets with Stilettoes and Poniards from Captain Otho George, for being instrumentall to doe the State service: I have been advised by severall friends for this eight dayes, not to come to the Exchange or Admiralty, to avoid that which Otho George, within these few dayes, offered to doe to another man (the Surgeon of Otho George ship) which hath not been, nor can be the hundred part so instrumentall to intitle the State to the silver and goods in the Prize-ships as I have been. The Surgeon of Otho George's ship hath discovered the silver in the ships to [Page 46] be Duch-mens, and Otho George's bills of lading counterfet: I pray let the examinations taken about this business be sent for to the Councell, and that will inform you at large.
I humbly desire your honors just assistance for a speedy Order about this my Petition, it being of very great concernment to the Common-wealth, to take a speedy order in it, to punish Otho George and restrain his insolence.
I have heard about June last the Surgeon is dead that accused Otho George. there is no question but som had order to give him an Italian figg; but before he died he was examined before the Lord Mayor, and in the Admiralty; his confession against Otho George is upon Record, about the silver in all the Prize-ships that came together from St. Lucars in Spain.
To the right Honorable, the Councell of State, THO. VIOLET
THAT your Petitioner having by order of this Councel assisted in the Admiralty against the ships George, Sampson, and the Salvador, and severall other ships; And that the Court of Admiralty hath judged the onus probandi to be put upon the pretenders for the said ships and lading.
And that since your Petitioner hath been engaged in this service, your Petitioner hath made several discoveries of great concernment, which are so large they cannot be contained in a Petition, and the [Page 47] Councels time so precious, as your Petitioner humbly conceives that the whol Councell cannot spend with conveniency so much time as will be requisite to take an exact account of so weighty a busines.
Your Petitioner humbly desires your honors to appoint a Committee to take a particular account of your Petitioner, what he hath done since the 16. Dec. 1652. in this busines, and that the Committee may be impowred to enquire concerning all the aforesaid prize-ships, and what obstructions hath beene or are depending in the Court of Admiralty, and to consider of some effectual waies for removing them.
And whereas there is no particular and true account what gold, silver or Merchandize is remayning on shipboard the Samson, Salvador and George, and several other ships, so that by this means there can bee no account kept by the State of what treasure is a ship board, whereby the State hath received much dammage, and will daily receive more, & that the security of [...]0000. l given into the Admiralty for the silver and goods a shipboard, is of no consideration to the treasure aboard the aforesaid ships, & as long as the silver remaines aboard the State shall never find what silver and gold shall be clandestinely stolne and imbezeled away, and if it be proved, the State shall only have parchment for the damage in stead of monies, the persons bound being duch factors, so that if the State will be secure for the future, there is no other course but to land all the Silver, and keep it in som safe place.
And whereas there are some of the commodities a shipboard, as Tobaccoes and other Merchandize that are perishable, that your honors would appoint a Committee to examine that businesse, and to take order that no Bales or Fardels, upon any pretence, may be discharged till they be carefully viewed in the Custom-house, and a true and exact Inventory taken both by Commissioners and Farmers, these Merchandize, [Page 48] being generally false packed in the Indies.
That whereas your Petitioner hath beene the first, and principall Instrument to discover all the fraudes of Otho George, in his Bills of lading, and several other abuses and practises, concerning divers prize-ships in the Court of Admiraltie, whereby your Petitioner hath contracted a deadly hatred against him, by the said Otho George, your Petitioner hath beene enforced, for the safety and preservation of his body, to sweare the Peace against Otho George, the twenty fourth day of March, 1652. before master Recorder of London, and is an humble suitor to your Honours that such farther directions may bee given in that behalfe, that your Petitioner may be secured from being murthered, for making this discovery against the aforesaid ships, your Petitioner having for severall dayes absented himselfe, both from the Exchange, and Court of Admiraltie to avoid the mischief.
And if the State will not take some speciall order against Otho George, for his assaulting, and offering to stab any such Persons that have, or shall bee instrumentall in doing the State service in this particular abovesaid. Your Petitioner leaves it to your consideration, whether it bee possible to have your businesse done?
And your Petitioner shall pray, &c.
This Petition is referred to the Comittee for Forraign affaires.
26. March, 1653.
SIR you shall finde by these Papers here [...] sed, the true reason wherefore I doe not come to the Exchange or the Court of Admiralty as yet, till I am secured against the force of Otho George upon my person; you know what I told you at the Still yard about him; I told the same things to my Lord Bradshaw 16 dayes agoe of Otho George.
Though I am not amongst you, I have a carefull eye of the business, and by my intelligence see when I am absent. My good friend, that is an Art will cost you many years studie before you can attain to it, and is not to be done but by many hands and at great expence: I pray let me intreat you that you would be very carefull, that when this business concerning the Prize-ships comes under an examination, that nothing may rest at your dore that is not like your self: you have many temptations, and I had rather lose my right hand, then you should doe any thing un worthy of your self in this businesse: I have good ground for what I speak; I give you this hint out of the affection I ever bore you: Truly I am promised, from some you know well that are in power, this business of the Prize ships shall have a strict examination; and when it comes to accompt, I know it will light heavy upon some that think they daunce in a net: I am not idle but have a strict eye on this business of the silver; you know by sad experience what it was in your fathers neglecting and slighting the advice of having a speciall care of his person; and truly I know this very Otho George hath been in irons in Spain for his mad pranks; and though I know there can be nothing done but by Gods permision, yet I will not tempt God, when I have had certain admonitions from my speciall friends to prevent the giving of an occasion of meeting with Otho George for the present.
I have taken all lawfull waies, and shall see further [Page 50] what the Councell will doe in it. About my estate which we spake lately of, you may rest assured I will not neglect this oportunitie of getting satisfaction for it out of this discovery, and that I expect and desire your just assistance in it. You desired me to send you the particulars of what hath been taken from me, which I herewith send you: I ask nothing but my own, which is eleven thousand pounds, which hath been unduly taken from me these ten years past, and I could never get a tryall. If you should ever have such a value taken from you, you would, I beleeve, think as I doe, that it ought not to be taken from you without a legall tryall; pray send me word where I shall meet with you, and the houre, and I will come and speake with you; for I desire your advise about som busines, and I am confident you will give it me as freely as ever I gave you, which was ever to the best of my skill: I pray remember my service to Doctor Walker, and tell him the reason why I doe not, as yet, come to Doctors Commons.
My Petition, which I herewith send you, is referred to the Committee of Forraign Affairs; you being acquainted with them all, I shall desire your friendly assistance therein.
These following Papers I left with my Lord Bradshaw, S r James Harrington, and M r Allen, about the 6 th of Februarie 1652.
I Most humbly present unto your Lord ship these papers enclosed; that your Lordship and the Council of State may see in what a posture your business stand's with som of your Officer's of the Admiraltie: truly my good Lord, the State shall finde it was a strange providence that I came in to bee engag'd in this business about your silver prises; for upon all the papers and witnesses, and other transactions it will bee proved clearly, I, and my Instruments have saved the State the silver in the ships Sampson, Salvador, and George.
If your Lordship shall have the patience to read my letter to M r Bud your proctor for the Common-wealth dated the 24 th of December last; you will see I found him out at the first, and truly it hath cost mee a great deal of time to track his actions; God bee thanked I discover'd it timely or els som publick Ministers of forrein Princes, and M r Bud with M r Roe the States Solicitor might have served the Common-wealth, as som [...]encers do in a prize, make a great deal of nois with drums and flags about the Streets to draw companie, but the agreement was made with the fencers how they shall share the monie.
It is a strange posture your whole business stand's in, in the Court of Admiraltie; when I see a convenient time, many dark deeds shall com to light, that som men [Page 54] will wonder how it is possible I should ever get Instruments to fathom the bottom out.
A great many things which I intended to discover, must not bee seen, or known, till I see the skie clear; for I find great divisions even in your own counsels about those prizes.
I only rely on your Lordships faithful promiss before M r. Tho Westrope, that you would see I should have just dealing, and full satisfaction from the State for my service in this business concerning the silver ships; Samson, Salvador, and George.
My heart ake's to see what water run's by your mill, and you never know it; the truth is all will bee naught, and com to a sudden mischief, if it bee not speedily prevented: there must bee men of experience emploied as well as zeal, for there may bee many godly men that have not experience to act in this business; and where you employ one to keep an eye on this business, you will finde ten of the ablest men in London, will bee little enough, and you would get a hundred times more then the charge.
My Lord! you have had ships worth many a hundred thousand pounds slipt through your Fleet, and som of them had convoy to Dunkirk and Ostend, and all the goods carried to Amsterdam; you have had Hamburgers, and other Hance-Town ships had convoys from your Fleet, upon pretence they were free ships; and after they have parted, unloaded themselvs in the Harbors of the people of the United-Provinces; I pray ask Captain George Bishop what information hee hath received from Holland, concerning several ships discharged by the Court of Admiraltie.
May it pleas your Honor, there are many hoggs in the Corn at London, and ships so strangely slipt away, that your Commissioners for Prize-goods, and many others wonder at the passages. I say I pray God all bee right. I humbly desire your Honor to pardon mee, if I speak [Page 55] after such a way to make an Impression, that the State, ought to have more eys than they imploy in this business, and to make som exemplary for miscarriage in their business; and to watch to your Court of Admiraltie, and all their Officers.
I know this will, and hath got mee envie; but when I have once undertaken a business I will bee faithful to my trust; it hath ever been my rule, and I will never alter, when my word is once past, and your Honor hath laid your command on mee, I shall rather die then break my faith with the State.
My most humble suit to your Lordship is, that you would do in this business, I here present unto you, in that manner that the Common-Wealth may bee secured from future dammage; and such emploied as may not be so intimate with forrein Ambassador's Secretaries, as M r Bud and M r Roe. I most humbly leav it all at your Honor's feet, and remain
SIr! I should bee glad to see you: for I am not well, and I am afraid I have gotten a feavor with vexing. Truly you know what great pains and vast expence I have been at, to bring this business about to make this discoverie of the prize-ships, to intitle the State unto the Silver in the ships Samson, Salvador, George, hoping now to have convinced [Page 56] all my greatest Enemies both of my sufferings and also my zeal to serv the Common-Wealth in this business, and in any other they shall employ mee in.
I have delivered to the Council of State, and to my Lord Bradshaw, and Doctor Walker, several papers with all my witnesses, beeing the greatest merchants in this Nation, and several persons aboard the ships, and by their clear testimonie, by God's assistance I will do the work, which I am as sure the State will carry by my papers, as I am sure I now write to you, if that [...]hey pleas but to proceed effectually in the business, even by the strict rules of the Civil Law, and not give away their right, as there are som great ones would have them to do, and without my papers and witness they could never have don it. I finde that Bud the Proctor had not in the Court of Admiraltie M r Calandrin's letter translated, and so beeing in high Dutch Doctor Walker could not make any use of it at that present; and about a week ago I found Bud and Roe the proctor and solicitor of the Common-wealth a feasting together with som forrein Agents; I have made my Lord Bradshaw acquainted with it: if Bud had don so much in the State of Venice I know hee would have lost his head, now at this time, hee having all the States writings in his hands and knowing all the secrets of this great business. But, by God's assistance I will prevent him in his designs, or any other that goeth about to discharge the silver. There are many great heads and hands a working to cosen the State upon craftie slie pretences. I finde the learned Doctor Walker hath served the Common-Wealth in this great business with much integrity and care and learning, and a great deal of pains (as much as a man could possible do.) And would I could say so of som others imployed in this busines: the truth is som men in power juggle and they have a great temptation for it by the Parlaments not taking order to land the silver in secure hands, the which is now aboard the prize ships, the Merchants by their [Page 57] instruments have stollen ashore many a score of thousand pounds; a great part is brought into the mint since Christmas: and all that will bee found out, if the Goldsmiths were strictly examined who they bought this silver of. Truly there hath lately little, or no silver bin brought into the mint, but what hath been stollen out of these prize-ships and the pretenders to this silver and prizes having got such a vast sum of mony to scatter, without the State keep a strict eye, it will blinde a great many, I see it too apparently: and if this business have not a powerful hand over it, to prevent such abuses as have been formerly practised, I know in what condition the States prizes will bee in.
Sir! I delivered my Lord Bradshaw in December last my papers concerning this great business upon his faithful promiss that I should bee justly dealt withal about my estate, and that besides I should receiv a good Reward for this Service. I have copies of all my papers delivered unto him and the Council. I protest before God no man in England should have had my first papers touching the prize-silver but his Honor, and I do chiefly rely on him.
It griev's mee much to see som Merchants so desperately mad against mee for discovering this business, and at White Hall som of the Council think's not of the greatness of the service and my vast charge and hazzard I run. For doing this business I have made many of my intimate friends my deadly foes: for every man I speak with at the Exchange tell's mee I was the only caus of staying this silver or els it had all been discharged. Truly what they say in this particular is true; for nothing yet was ever produced in the Court of Admiraltie about this silver but what my witnesses I gave in to Doct. Walker have, or could have spoke unto: for from several at Dover I had notice of the State's Letter to Dewittee his Commission to convoy all Hambergers and Lubeckers, and to guard them from the English; becaus these Hambergers, [Page 58] were loaden with silver for the accompts of the Merchants of Amsterdam, as you will see by my letter I formerly writ to M r Delabar.
I protest seriously it make's mee stand amaz'd to see what is likely to fall on this Nation; God help poor England, it is divided and fals among their great counsellors, and many of them carrie Dutch and Spanish hearts in English bodies. I finde som great ones of the Hous could eat mee without salt, for discovering and staying this silver, and use all their endeavors to sting a slighting and contempt on mee, with som of their fellow counsellors of State, and in the Parlament: I will tell you who they are by word of mouth, when I see you. They shall finde at long running I shall see their heels trip't up, I am afraid som great ones love Spanish Gold and silver, though it bee conveighed unto them by a Dutch hand.
Sir! my Lord Bradshaw told mee before M Tho. Westrope, that there was som great ones would hang me if they could for staying of this silver, but it was not in their power: for hee would to his uttermost, do mee right, for which great favor I did give him humble thanks. I pray present my humble service to my Lord Bradshaw, and tell him, next unto God, I rely on him for to do mee justice, that I may have my Estate pay'd mee which hath been taken from mee, or the value of it out of this monie I shall caus to bee brought in, to the State, out of the prize-ships and silver, which I have caused to bee staied in December last.
To my good friend Edward Watkins Esquire at the Post-hous. in Ab-Church-Lane London.
I Have presumed to present you with this petition, and papers: and my humble desire unto you is, that you would do mee right and justice. I was required by som of the Council to present my desires to your Honors about my Estate: for they conceiv it is all the reason in the world I should have my Estate, or the ful value of it.
You will see by my particulars, I have had eleven thousand pounds taken from mee undulie, and contrarie to the law: and though I have ever since my coming out of the tower, had a petition in Parlament to have relief, I could never as yet have right. I have by all waies and means studied night and daie to present my self to the world that I was ever in all my actions loial to the interest of Parlament: in pursuance of that, I have don the Parlament many eminent and faithful services, as is well known to all the Commissioners of the Council of Trade, the Committee of the Mint, and many members of Parlament and Council of State: and now in December last I staied the Silver-ships and many other prize-ships at my vast and great expence. For my doing this business for the Common-wealth I have at once lost many friends amongst the Merchants and others, spent great sums of monie, and in hazard of my life. If this bee not sufficient testimonie to restore mee to my Estate, and to have a good Reward, I shall humbly leav it to the consideration of your Lordship and all good men. I have in print but given the world a little hint, how your businesses in the Admiraltie have been and are mannaged, and so for the Mint; but if the State knew throughly how things stand in their Admiraltie-Court, and how their treasure at Gold-smith's-Hall, [Page 60] Worcester-Hous, their Customs, Excise, and Mint-businesses have been managed and is to this daie, they would say it were time to look about them.
The truth of it is, had I been imployed, and impowred ever since the beginning of August 1652 to have looked after all the prize-ships and had had a moderate allowance for my intelligence, I would have saved a great many hundred thousand pounds, that you have let gon out of your hands, (and is at this daie in Holland) whereby this Nation hath been unexpressably abused, which without God's mercie will prove fatal.
May it pleas your Honors! Let the hazard, envie, and blame bee never so great: nay though it cost mee my life and all I had in the world, I would discover unto your Honors the design that was laid to cozen the the State of the silver in the prize-ships.
For doing this service in staying the silver I have found just what I expected to the ful: for many of the Merchants in London, Officers of the Admiraltie, and som others spout reviling words at mee, as a whale doth water, and som of them have not scrupled to threaten my life: and they are skilful at it both by poison, or poniard: they are people that have lived in Countries, where for a little piece of monie such things are usually don.
I most humbly confess were I not satisfied in my conscience, that there was a necessitie by God's providence which put mee on to make this discovery, I should not have don it. For I feel it, I have raised against mee by doing it many hundred enemies.
May it please your Honors! I have spoken with divers of the Councill of State; and they wished mee to put in my humble propositions, and therefore I most humbly present them to your Honors, humbly desiring your Honors advice, and assistance in this weightie business that I might bee justly, and fairly dealt with, about these Prize-Ships, and the silver in them.
My most humble suit to the Council of State is, that out of all these Ships that I made a Protest against their delivery, in the Court of Admiraltie, and out of the ships Samson, Salvador, and George, I may, in reward for my discoverie and charge of intelligence reciev all my Estate which hath been taken from mee to the value of the sum of eleven thousand pounds; which is but just my own monies, which I have had for ten years unduly kept from mee, as appear's by the particulars hereafter following.
With this my humble Petition I have made several Members of Parlament, and of the Council acquainted; and they hold, that I deserv a farr greater Reward for doing this service: for here I do the State the greatest service that ever was don in England by any man of my condition: I bring unto the State neer four hundred thousand pounds, at this conjuncture of time, in silver, of our Enemies monie; which, if it had not been for mee, the State had been cozened of it; I also discovered a fraud and mysterie of som Merchants, which, if it had continued, would have endangered a ruin of this Nation.
The Dutch at one time, before I discovered the frauds to the State, did get out of the Parlament's hands Eleven hundred thousand pounds in silver, which wee had once in our custodie since last August, and now it is all in Holland. For this my service to the State I have brought on my self many Enemies; so that now if I should not have just dealing from the State, and my Estate restored, or the value of it, I have by this action for the Common-wealth, made my life bitter, and uncomfortable unto mee every way, and it will for ever discourage any to serv you upon the like occasion.
My Lord! I do the State this service, and ask not one pennie, but to have my own again, which hath been unduly taken from mee, as aforesaid, upon fals pretences, and I never get a trial, as is well known unto your Honor. But som of the Members of Parlament when [Page 62] I petitioned for a Trial even by Marshal Law, replied, if I had been guiltie, I should never need to have petitioned for a Trial; I should have had one without petitioning. A fearful and sad thing, to jest mee out of my whole Estate; they not remembring the rule, do as you would bee don to.
May it pleas your Honor! For God's sake consider what I say; there is none in England of my condition ever did England, in any age, so great a service, as I have don, in this very particular, about the Dutch prize-ships; and shall not my faith, and true love to my Countrie at such a conjuncture of time, bee, by such as you are, whom God hath set at the Helm, looked on and cherished? I am confident God will never suffer the State to commit such a sin of ingratitude.
I dare say I have convinced the greatest Enemies I have in England by deceiving their expectations, they little thinking THO. VIOLET could or would have don the Parlament this service, I have heard so much my self from som of their own mouths; and, I do verily believ, in their own consciences, between God and themselves, they are convinced, that they have oppressed mee unjustly; and if so, let som Members of the Parlament have a care when they are in judgment, Not to pronounce a sentence against the light of their own consciences: for the Oppressors that willingly do injustice, to pleas themselves, or others, that are in power, when their conscience shall check them for Oppression, may one day fall under the same affliction themselves.
For those Gentlemen, how great soëver, must know, there is a righteous God, who seeth all things, and in his good time will render to every man according to his merits; and those that judg without mercie, shall have no mercie; and they know not how soon God will call their delay of Justice, and their forbearing to do men right to accompt; truly the cries of the oppressed are many in this Nation.
May it pleas your Honors! if I may have my Estate restored, or the value of it, it shall oblige mee to pray for [Page 63] Honors, and then the Council keep's their promiss, which I faithfully had from many of them, when I first undertook to make a stop of the silver claimed by the Spaniard; I humbly submit all to your Honors.
For the Lord Bradshaw.
An Account of what hath been taken from mee, Thomas Violet, for which I humbly desire Reparations, and satisfaction from the Parlament, out of the Silver in the prize-Ships, which I have staied, March 4. 1652.
1. WHen I was sent to the Tower the 6 of Jan. 1643. my Mother had of my Goods, Bonds and Bills in her hands, taken from her, at several times, viz. to the value of one thousand, three hundred and odd pounds; besides manie of my papers, and Accounts of great value and consideration to mee, seized, and manie of my papers were of great concernment to the Common-wealth; and yet I cannot com 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 been then use made of them.
2. My Mother had at another time, a Privie-Seal taken from her, wherein the late King acknowledged hee owed mee, for my expences in the discoverie of the Transporters of Gold and Silver, ninteen hundred, threescore and eight pounds, which money I laid out every penie out of my own purs; and am ready [Page 64] to make this discoverie to the State, upon passing of the Act against Transporters of Gold; which Act hath been twice read in the last Parlament, and is in the custodie of M r Augustin Garland.
3. The Committee of Essex put mee out of my possession of the Mannors of Battles, and Paton-hall in Essex, as appear's by their Warrants, which I have to produce, of which Land I had an extent to the just value of one thousand pound, due to mee in 1643. and Phlip Cage Esq; was in possession of the Premises for my use.
4. The Committee of Shropshire, seized in my Sister's hands in London, three bonds, due to mee, in two thousand pounds, for the payment of mee Thomas Violet one thousand pounds by the Ladie Waade, Edmond Lenthal, Esq; Phillip Cage, Esq; Charls Mordent Esq; as appear's under the hand of the said Phillip Cage Esquire.
5. I had the Leases of ten several houses at the Postern in little More-fields, and the Tenants owed mee, when I was committed to the Tower, in Arrears for Rent, about one hundred pounds; and for above these nine years I never received rent of them; but M r Elconhead hath received the Rent ever since.
6. Som of the Silver Wier-Drawers, by their unjust clamor, caused my Office to bee sequestred from mee, which was for the Surveying and Sealing of all Gold and Silver thred; to prevent the deceit of this Nation by cours and adulterated Silver-thred, wyer and spangels, which at this daie is very much adulterared, for want of the said Office; which Office for the surveying and sealing of all Gold and Silver-thred and wyer, I had from the late King for three lives, and it hath cost mee neer fifteen hundred pounds to my Lord Treasurer, Lord Cottington, S r John Cook and S r John Banks, before I could get the grant to pass under the great Seal of England; and that Office made [Page 65] mee above three hundred pounds a year, besides an hous rent-free.
7. I had one quarter part of the Ladie Villers Farm for importation of all Forrein Gold and Silver thred, hatbands or lace, and Copper thred throughout England and Wales, for fourteen years; which cost mee a little before I was sequestred seven hundred pounds, and it was worth one hundred and fiftie pounds per. an. to mee.
8. I had a grant from the late King under his signet to bee Master Worker of the Mint in the Tower of London, which grant was taken away from mee when I had my hous seized in Jan. 1643.
9. Besides the aforesaid summ's, I spent in my imprisonment in the Tower for almost four years, seven hundred pounds, and could never get my caus to bee heard, though by my friends I presented manie petitions, and I have attended the late Parlament with my petition this six years, ever since I had my libertie out of the Tower, to have Justice, and relief in the foresaid premises; and have spent on my attendance onely in following this business to get my caus heard, above one thousand pounds; besides I have spent all my time for above these last six years, in doing several services for the State, as is well known to a great manie of the Parlament and Council of State and Committee for trade; upon the faithful promiss of manie members that my petition should bee granted, and I have my estate restored, or the value, which by these particulars amount's to above a eleven thousand pounds. My good services I have don is well known to your honors, S r James Harrington, S r Henrie Mildmay, M r Tho. Chalenor, Col. Herbert Morley, M r Alderman Allen, M r Austin Garland, and the Committee of the Mint, and many other members of the Council of trade, about setting the par of Exchanges and coyns, Free-ports, and several other great services I did [Page 66] the Common-wealth before ever your Honors and the Council of State engaged mee about the Silver Prizes and Goods in the Admiraltie; and this hath cost mee more charge, trouble and hazard for the time, then ever anie business I have don. The first thing that moved mee to do this service about the Prizes, was the good and saftie of this Nation; but had I not had your Honor's command to do it, and many of the Council of State's promise that I should have both my estate restored, and a good reward for my great expence, pains and hazard; I should not have ventured on so knottie a business; for which I go in hazard of my life daily. I humbly submit the premises to your Honors.
These papers with som little additions I delivered to my Lord Bradshaw, S r James Harrington, and M r Allen.
Here follow's a Copie of my Petition put into the late Parlament; which petition hath been depending these six years, and I have delivered som hundreds at several times to the Members, and could never bee heard, nor I have relief or justice, though I attended it daily, beeing promised by several members to take the first opportunitie for my relief: also a Copie of the late King's Letter which I brought to London, and my answer to the honorable Committee at Gold-smith's-Hall, when they examined mee about the same; with the Order of my commitment to the Tower, for bringing up the said Letter for peace, which was before anie Law was made to the contrarie, to prohibit any person, to bring up a Letter of peace from the late King.
To the Supreme Autoritie, the PARLAMENT of the COMMON-WEALTH of England.
The humble Petition of THO. VIOLET.
THat your Petitioner, with Theophilus Rilye, then Scout-Master of the Citie of London, by order of the Honorable Hous of Co. the 6. of Januarie 1643. was committed prisoner to the Tower; where your Petitioner remained almost four years, the said Rilye beeing discharg'd out of the Tower within a year from the time of his commitment; his Estate never sequestred, or taken away, your Petitioner having acted nothing in that business, without the approbation of the said Theophilus Rilye. And your Petitioner had a Pass to go to Oxford by the Lord General Essex, and an Order from the then-Hous of Commons, and the Committee of both England and Scotland were, by your Petitioner's appointment, made acquainted, that your Petitioner was, within few daies, to bring up a Letter from the late King to the Citie, for peace: which your Petitioner desired Sir David Watkins to acquaint the Parlament with, before ever your Petitioner went to Oxford.
My humble suit, is, therefore that S r David Watkins and M r Rilye, may bee examined of the truth of this. Your Petitioner acted nothing in this business but by Order; and what the Parlament, or som prime Members, knew of, and did consent to the doing of it.
That during the time of your Petitioner's restraint, your Petitioners Estate was by the Committees of Essex Salop, Middlesex, and London, sequestred, and taken away. Your Petitioner's Estate in Essex beeing by Order of Parment, granted unto certain persons (through whose informations your Petitioner was sequestred) who since the grant and obtaining thereof, have never made good their allegations, or informations, or anie part thereof, although by several Orders of the honorable Committee of Essex, and Salop in pursuance of an Order of the honorable the Barons of the Exchecquer, they have been required to make good their charge against your Petitioner, as by the said Orders may appear, neither hath your Petitioner during the time of his said imprisonment, nor since (though to the uttermost of his power endeavored daily, and solicited at the Hous-doors) been hitherto able to obtain a hearing of his caus, whereby all your Petitioner's Estate hath for this nine years last past, been out of your petitioner's hands, to his utter ruine without the relief of this honorable Hous.
Your Petitioner humbly praieth, that the said sequestration may bee taken off, and that all Lands, Bonds, Bills, Leases, Moneys, Goods, Debts, Offices, Extents, Writings and Evidences of what nature soever, in whose custodie the same, or any part thereof is, beeing, and remaining, maie bee restored to your Petitioner.
And that a just account may bee given Your Petitioner of the profits received ever since the sequestration by such person or persons who have received the same; Your Petitioner humbly praieth this the rather, for that hee, ever since his enlargement out of the Tower, hath don many good and faithful services for the Common-wealth, to the best of his skill and power, as is known as [Page 69] well to the honorable Council of State, as to several honorable Members of this honorable Hous.
A Copie of the late King's Letter to the Lord Major, and Aldermen of the Citie of London.
TRustie and well-beloved, wee greet you well; when wee remember the many Acts of Grace and Favor Wee, and our Roial Predecessors have conferred upon that our Citie of London, and the many examples of dutie and loialtie for which that Citie hath been likewise famous, Wee are willing to believ, notwithstanding the great defection wee have found in that place, that all men are not so degenerated from their affection to Us, and to the peace of the Kingdom, as to desire a continuance of the miserie they now feel: and therefore beeing informed that there is a desire of som principal persons of that Citie, to present a Petition to us, which may tend to the better procuring a good understanding between Us and that our Citie, 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 Citie, whose hearts are touched with any sens of dutie to Us, or love to the Religion and Laws established, in the quiet and peaceable fruition whereof, they and [Page 70] their Ancestors have enjoied 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 religioussy observ, and for the which wee will bee alwaies ready to give them any securitie can bee desired, and of these Our gracious Letters Wee exspect a speedy answer from you, and so Wee bid you farewel.
Upon the bringing up to London of the aforesaid Letter, I, Tho. Violet of London, Gold-smith, was examined before an honorable Committee of Parlament at Gold smith's Hall, Januarie 3, 1643, where I made the Committee acquainted that I had acted nothing but by order of M r Theophilus Riley, Scout-master of the Citie of London, who was autorized by Ordinance of both Houses of Parlament, and by Act of the Common-Council of the Citie of London, to hold intelligence in any of the King's quarters, and that the said Theophilus Riley, by virtue of his place, did procure my Pass from the Hous of Commons to go to Oxford the 25 December, 1643, as will appear by the Journal-books in the Hous of Commons, and that my Lord General Essex did give mee a Pass to go to Oxford the 27 of Decemb. by S r Arthur Haslerig's and S r David Watkin's means; both which Warrants were procured for Mee Tho. Violet by Theophilus Riley, Scout-master, and one of the Militia of the Citie of London, and the parties aforesaid; and that the said Theophilus Riley, and I, Tho. Violet, and S r David Watkins had made several Members of Parlament, [Page 71] and Committee of both Nations acquainted with the Letter, before ever wee sent it to Oxford to have the King Sign it; and wee had their approbation for doing the same; and I, Tho. Violet, did plead justification for my doing thereof before the said Committee, having the Warrant and approbation of the Common-wealth's Scout-master. Moreover I declared, that there was not then at the time of my bringing up of the late King's Letter, beeing the 2 d of Januarie, 1643, any Order, or Ordinance to forbid mee, or any other person, to bring up a Letter of Peace from the late King: besides, I told the Committee, that by God's Law, where there is no Law, there can bee no transgression: and my bringing the late King's Letter up to London before a law made to shew mee my Rule to walk by, I beeing the King's Servant, I humbly conceived could bee no offence; whereupon the honorable Committee made their report to the Hous of Commons; and thereupon the honorable Hous made this Order, viz.
SIr Henrie Vane, M r Solicitor, and S r Arthur Haslerig report the design of M r Theophilus Riley, Scoutmaster of the Citie, Col. Reade, S r Basil Brook, M r Violet, and others, concerning Letters, a Petition, and Propositions touching Accommodation, &c. and the particular examinations of the said parties, and a Letter from his Majestie to the Lord Major, Court of Aldermen, &c. and two Letters from the Lord Digbie to Sir Basil Brook, of the 29 of December, and the 2 of Januarie were all read.
Resolved, &c. Theophilus Riley, S r Basil Brook, and Thomas Violet shall bee committed close Prisoners to the Tower.
I shall humbly desire the Committee of Essex to observ this; here was no conspiracie charged on any of us, by the Order of the Hous of Commons; but if they will read the original, they will finde it, as it is Printed here in the Journals of Parlament, onely a Committment to the Tower of London; every man that is committed to a prison, must not therefore bee guiltie of a conspiracie before hee bee tried, either by Marshal Law, or the Common Law of the Land.
And truly I humbly take it my punishment, beeing so long in prison, was beyond my offence, for bringing a letter of peace, when I had not broken anie law at that time in beeing, without having my Estate under Sequestration, or giving M r Elconhead my Estate for his charging mee unjustly, with a conspiracie against the Parlament, before the Committee of Essex, when hee nor anie other, either hath or can prove it; it shall bee found upon examination, I have don the Common-wealth better service then manie scores such as M r Elconhead, either hath or could ever do; and I humbly hope, when this present Parlament doth take this business into examination, they will leav mee to my remedie at law against Edward Elconhead, for his unjust and malitious charge to defraud mee of my Estate, to enrich himself by such indirect practice; and make him account with mee for all monies, and rents hee hath received of mine, with dammages for my forbearance since my Sequestration, notwithstanding anie pretence, or Order from the late Parlament, or Committee of Essex. THO. VIOLET.
These papers I left with the Lord Bradshaw, S r James Harrington, M r Tho. Chalenor, M r Alderman Allen, with the Committee of Essex at Chemsford, M r [Page 73] Augustin Garland, and several other Members of Parlament.
Upon the dissolving of the last Parlament, I made my request to the faithful Lovers of their Countrie Col. Wetton, and Liev t. Col. Joice, to present my former services, about the staying the Silver and other prizes, to the Right Honorable the Council of Officers: which accordingly they did, and brought mee acquainted with several of those noble Gentlemen; for which great civilities I give them humble thanks; by whose means I sent this ensuing Letter to the Right Honorable General Monk, and presented the ensuing Papers to the present Council of State.
For the Right honorable General Monk, Admiral of the Common-wealth of England.
I Have desired Lievtenant Colonel Joyce to bee pleased to send your Honor this Letter; the occasion of my writing to your Honor now is, humbly to give you notice of a Book, I presented to the late Parlament, concerning many abuses about several Prize-Ships brought into this Nation, and discharged; som out of the Court of Admiraltie, and som other waies, before they were duely examined; as appear's in my Book I herewith send unto your Honor. By reason of your great employment as Admiral, I humbly thought it my dutie to present you with my Book. In folio (99) you shall finde a particular Invoice.
S r! the damage hath been to this Common-Wealth, to the value of manie hundred thousand pounds, which this Nation hath been couzened of, for want of a strict Examination of Prize-Ships. I was formerly employ'd the 13 th of Decemb. 1652. by the then Council of State, to assist in the Court of Admiraltie, against the Ships Sampson, Salvador and George; having laden in them manie hundred thousand pounds, which silver had been all let gon, had it not been for my Protest and Solicitation in the Court of Admiraltie, as appear's in my Book, fol. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. I have presumed to send you the Book, with a Copie of my Petition to his Excellencie the Lord General.
My humble suit to your Honor, is, that if you conceiv my Petition is for the service of the Common-wealth, to have these great abuses I have humbly presented unto the Parlament found out, and prevented for the future; that your honor would do mee that just favor, to send in writing to Lievtenant Colonel Joyce, what you conceiv is to bee don concerning my humble Petition to his Excellencie.
The Silver aboard all these aforesaid Ships, is Ordered to bee landed by his Excellencie: and to bee brought into the Tower; I humbly desire to bee appointed Remembrancer for all prize-Ships, which if I had been in August last employ'd, the State had had a Million of monie now; which hath by the undue, and careless practice of som men, been let slip out of England, for want of a vigilant prosecution, and is how in Holland. I humbly leav the consideration of the premises to your honor, and remain,
Lievtenant Col. Joice, lieth at the leg neer the Fountain Tavern in the Strand, I humbly desire your honor to signifie your pleasure to him. This letter I sent by M r Quatmore.
The humble desire, and Petition of Thomas Violet; presented to the Right honorable Major-General Desborrow. Col. Benet, Col Jones, all of the Council of State, May 4. 1653.
1 THat for want of order and a due regulation, and porsecution of the matters of the State's Prizes, and Prizes of private men of War, depending in the Court of Admiraltie, divers great losses and inconveniencies have ensued; which, if not prevented for the future, will bring unexpressable mischief on this Nation, and will not onely discourage all private Men of War, for continuing those Ships they have abroad, or sending forth of others; but deprive the Common-wealth of much, if not most of that benefit it might and ought to make by Prizes, which are, and have been brought in by the Parlament's Ships; which Prizes ought to bee employ'd towards the support of this War; by which means this State hath been much disenabled, and our enemies enabled, as by sad experience since these Wars began, the State hath found, and by your Petitioner it hath been humbly presented to your Honors to take such order that there may bee a timely redress before it bee too late.
2. That for want of stricter instructions to all Commanders at Sea for this Common-wealth, manie [Page 76] Ships have passed unquestion'd, or not fully examined; and manie more are likely to bee permitted to pass, and never to have judgment in future, and you have had Millions of Treasure suffered to pass in this maner; which if it had been stopped, had brought the Hollanders on their knees before this time. When your Court of Admiraltie and Officers in that Court, are not well regulated, it is a dangerous back-door to this Nation; and by costly experience, this State upon examination will finde it.
3. That whereas heretofore in the Court of Admiraltie, several Ships were in question, and upon just grounds and suspition, were brought in as prize, (but were not put to plead specially) by which means many Ships to the value of manie hundred thousand pounds, since August last, have avoided Judgment and after-question, for want of strict examination, (by which means particular proof might have been in all likelihood found out) these Prize-Ships have been discharged. It beeing alleged, it is contrarie to the Rules of the Admiraltie; I humbly saie, No ill customs should bee kept up to endanger the saftie of the Nation; for the Owners of all such Prizes, beeing under question, ought, by the Civil Law, to prove their Interest; especially, as by your Petitioner's endeavors, and reasons given to Doctor Walker, your Petitioner made it manifest to bee the constant custom of other Nations, and that attested by the ablest Merchants in London: and by the great care of Doctor Walker, hee got a Judgment for the Common-wealth, for the Sampson, George and Salvador, beeing the Ships that have the Silver, to cast the proof on the Claimers, and to caus them to prove specially; and I humbly hope all other Prizes shall exspect the like hereafter, for I humbly saie, it is the onely, and quickest waie to curb the Hollander's greatness, to stop them of Trade, in anie Vessels whatsoever, which will never bee don [Page 77] except the State keep a strict eie on the proceedings of the Court of Admiraltie, during the War with Holland.
4. That the State hath suffered very much, for want of diligent and special Prosecutors or Solicitors, to take especial notice of everie Prize, and for attending as Remembrancer to the Council of State, and to the State's Counsel at law; to have this don, is the work of many men, and to order all business, that so no Prize should com into the Court to receiv Judgment, if there were any difficultie, or dispute in the title, till the State's Counsel had argued it pro, and con, privately; if this cours had formerly been taken, manie a Prize-Ship, which hath been discharged the Court of Admiraltie, and is now in Holland, had been confiscated to the State,
And therefore to enable your Petitioner, to do you this service for the future.
Your Petitioner humbly desire's, that hee may have a perfect list, from the Register of the Court of Admiraltie, of all the Prizes brought into this Common-wealth, from the first of August 1652. for the use of the State, and all Prizes brought in by private Men of War, and what Ships were condemn'd, and the daies when, and to whom; and that the State's Commissioners, for Dutch Prize-goods, maie bee desired to do the same, that your Petitioner maie see they agree.
And I humbly saie, until this bee don, that there bee som employ'd to execute that trust, to mannage and prepare business, the Common-wealth's Counsel cannot execute their charge as were to bee wished, and exspected; and it is not an Ordinarie Solicitation to finde out witnesses, and the Mysteries and frauds of Merchants, it must bee don by men that have had long experience, and great acquaintance, to get your intelligence; and this part cannot bee acted by the [Page 78] State's Counsel: for it is out of their Cours, they must have everie thing brought to their hands; neither is it for the Judges of the Admiraltie, to take notice of anie caus further, more than what stand's proved before them in Court.
5. That by reason of the premised wants in the cours of the Admiraltie, and most especially for want of skilful sollicitation, and a due care to see every one in trust to do his dutie; there hath been about eightie ships brought in as Dutch-Prizes, and many of them shot and torn; many of them had been let gon without judgment, had it not been for Your Petitioner's protesting and appealing in the Court of Admiraltie, which hath been followed at the sole endeavors and great charges and expences of Your Petitioner.
6. That for want of stricter Rules in the Admiraltie, great numbers of Prizes brought in by private men of War have been discharged, to the great disheartning of all Adventurers of that kinde, and weakning the lesser; but necessarie sinews of this Common-wealth; I humbly saie, it is highly advantagious for the State to improve all the force of particular Adventurers both Merchants and Seamen, and to let them have all encouragement as possible may bee given, for to offend so craftie and potent an enemie; I humbly say, that divers great Merchants complain, that it is in vain for them to put out private men of War against the Dutch, as things are carried in the Admiraltie; and from good hands I have it, that the Dutch doth give against this State, all encouragement to their private men of War.
My humble desire is, that the Register of the Admiraltie may bee Ordered to give mee the particular of all private Ships discharged since the first of August, 1652, and if I bee commanded, I will assist and sollicite for to see to the State's part, that the Ships bee not discharged for the future as they have been formerly, through the negligence, if not wors, of your Proctor M r Budd, [Page 79] and som other in the Court of Admiraltie.
7. That to enable Your Petitioner to do this business, hee cannot have less then two Clerks constantly to write for him and to put your business in Order for prosecution of the business in Order for the Court: And whereas M r Doreslawes hath a Warrant for prosecution of the business concerning the Prize-ships; Your Petitione [...] also desire's, hee may also have a Warrant with such Instructions and Powers as your Honors, in your great Wisdoms shall conceiv is sufficient to enable your Petitioner to do this service with M r Doreslawes, or other waies as your Honors shall order him; submitting himself, and his Fee for encouragement, to your grave Wisdoms.
8. Whereas many occasions have and will arise for several summs of money, for several meetings in Wappine, S t Katharine's, Lime-hous, Eriff and Blackwall, and several Sea ports of this Nation where ships are brought in to send Post about Witnesses, and several otherwaies, hath already cost your Petitioner near four hundred pounds: Hee humbly desire's, that you would Order your Commissioner for Prizes to paie and issue out such summes of money for this business, as they, or any two of them shall conceiv is for the service of this Common-wealth.
9. That now the Silver is unloaden by the State, which was aboard the Sampson, Salvador, and George, your Petitioner may have such a Reward as the greatness of this service deserv's, for staying and getting the State so vast a Treasure, in such a conjuncture of time, or at the least your Petition [...] may have so much, by waie of poundage, as the Parlament hath taken away from your Petitioner, and was promised your Petitioner when hee undertook to make his discoverie.
Everie part of the premises, I humbly submit to your Honors, both for such allowance for my self and Clerks; and for moneys already disbursed in your service, [Page 80] and such orders and directions for the future as shall bee thought, by your Honors, fit and convenient to enable your Petitioner to do this service, and I will chearfully accept whatsoever your Honors pleas to order and appoint; and shall diligently and faithfully discharge my trust, by God's assistance, highly for the benefit and advantage of this Common-wealth, and give a stop to many mischievous practices which hath been formerly put on the State concerning their Prizes in their Court of Admiraltie.
In the three Silver Ships, there is about four hundred thousand pounds, which had all passed out of the State's hands, had it not been for my Protest in the Court of Admiraltie; and daily the said Silver hath been imbeziled away: If I bee commanded by the State, I shall shew them how they have been abused in many of their Prizes, and in their Silver lately a shipboard, which I humbly desire may bee prevented for the future, for the good of the Common-wealth.
To the Right Honorable Col. Bennet, one of the Council of State, these humbly present.
ACcording to my order I attended this daie in the Court of Admiraltie, to see what proceeding was about the Prize-Silver which is now in the Tower; truly the carriage and passages of som eminent men in the Court was highly prejudicial to the State's interest [Page 81] about the Silver; and I humbly conceiv, your Honors of the Council of State ought to have a particular Account.
I beseech you to acquaint the Council, it fall's out concerning this Silver, just as I formerly told the late Council of State, that, for want of a strict care of Examining several Witnesses which I had ready to produce, many of them have been packed away by the Merchants that claim; and there hath been so many delaies in the proceedings in the Admiraltie, that they beyond Seas have had time to laie their business, that almost all the Silver shall bee claimed as belonging to them of Flanders; which if diligent and speedie care bee taken, may yet bee prevented, and I shall make them lose their design.
Doctor Walker did this daie carrie himself in this business with a great deal of zeal and experience for the securitie of the State, and made his protest in the behalf of the Common-wealth.
Sir! The unlading of the Silver is nothing without making out the proof, that it is Hollanders's goods and Silver.
If that som Order bee not taken to give a stop to several persons, and that suddenly, they will bee all sent away out of this Nation, as I am credibly informed som have been; and the State lose their Witnesses; then the Silver will bee all claimed under the Spaniard's title, as now they put in their claims; and for want of a due sollicitation, by knowing men that understand the secret combination and frauds in this kinde, the State will run an hazard to lose this great Treasure, onely by the miscarriages of som in the Admiraltie.
I have been acquainted with these secrets this 30 years, and there was not a Witness produced in the Court of Admiraltie, but such as I delivered to Doctor Walker; it will fall so out, all our English Merchants will run a great hazard to have their goods staied beyond Sea, if [Page 82] the Silver bee taken away and coyned, without proving it to belong to the Dutch, or the people of the Netherlands, which I had many Witnesses to prove this Silver Prize; therefore great diligence ought to have been given to examine several Passengers and Mariners aboard the said Prize-ships, before they had been shifted away by the Merchants that claim the Silver; which the State may thank M r Budde the Proctor for the Common-wealth, for his neglect, if any inconvenience com on it.
Sir! If I bee commanded and impower'd as I have formerly told you, I will see a quick and vigorous prosecution shall bee had in the Admiraltie for all the former miscarriages, that these frauds shall bee discovered, and the State entituled to this Treasure in the Sampson, Salvador and George, and several other Prizes, Merchandize and Silver.
SIR! If I had had a Warrant from the State in August last, to have assisted in the business about the State's Prizes, the State should have had above a Million of Money now in their custodie which is now in Holland, through the connivance of som in the Admiraltie.
It would have broke the Hollander, and brought him on his knees, if there had been a vigilant prosecution.
This Silver had been all let slipt away, had it not been for my Protest in the Court of Admiraltie, about the 20 th December last; by which means I exposed my self to a great deal of envie, both of the Merchants and others in the Court of Admiraltie, as appear's in my Book, folio 75, 76, 77, 78, 79, 80, 81, 82, 83, 84. I desire to have the Warrant enclosed, signed, to autorize mee to proceed in this service, which els I cannot do, till I have Warrant from the Council, and so I rest.
To the Right Honorable Col. Jones, and Col. Bennet, Members of the Council of State, these humbly present.
ON Saturdaie last you told mee, that I should do a verie good service to the Nation, if I did discover anie of the frauds and practices that had been put on the State, concerning anie other Prize-Ships, besides the Sampson, Salvador and George; and that if I could, my Warrant should bee enlarged in relation to that service, for that you had read in my Book, I spoke of manie other Prize-Ships, wherein the State had been deceived, that if I did present you with anie such discoverie, or propound a waie for the finding it out, it would bee very good service to the Common-wealth, and you would present it to the Council of State for a speedie and effectual prosecution.
Maie it pleas your Honors, I know by sad, and costly experience discoveries of this kinde, when once presented, and not powerfully prosecuted, bring's to to the discoverer a great deal of envie, which hath befallen mee in staying this Silver by my Protest in the Admiraltie, hath incensed manie Merchants, and som in the Admiraltie against mee, and when a joint purs shall concurr together with som persons in power and trust, to bride out a business against a particular Prosecutor (as in manie businesses in this last Parlament, I know it hath been, and in this particular of the Silver, no doubt but will bee, and hath been don;) I shall finde the Burden too heavie for my purs, except you restore mee my own estate, which hath been taken from mee.
I desire notice maie bee taken, that I cannot prosecute it effectually, but at my great expence, and it hath already cost mee manie hundreds of pounds out of my purs, for what I have don in this business about staying the Silver Prizes, by direction of the late Council of State, and I had several of the late Council of State's promiss, in the behalf of the State, that my estate which hath been taken from mee, should all bee restored, and I receiv a good reward for my charges and endeavors, if that I could entitle the State to the Silver the Spanish Embassador claimed, and my reward should bee proportioned according to the quantitie of the Silver I entitled the State unto; the like promiss I had from several Members of the late Parlament: to do leav all the premises to your Honors, and I humbly desire you to present the same to the Council of State, that my Petition is, that I maie have som assurance from this present Council, that when I have don this service to entitle the State to the Silver, that my estate maie bee all restored, and I receiv such a reward, as may encourage all others for the future to serv the State, and in the mean time I maie bee empowred to receiv such summ's of monie, out of my own estate, which is under sequestration, as maie enable mee to proceed in this service. And when this is don, I shall humbly desire an Order to the Commissioners for Dutch-Prizegoods, to have a perfect Inventarie of what Ships were then under their charge, the 16. of Decemb. 1652. and at that time in their custodie, and in which ships they had Officers aboard for the use of the State, as neer as I can calculate was about fiftie, worth about a Million of monie, and manie of them brought into Harbor, at vast expence and blood, and therefore I humbly conceiv, not to bee discharged, but upon consideration and examination, and this you shall finde agreeable to former Presidents and Records, and [Page 85] I humbly desire, M r Ryley the Keeper of those Records, maie bee required to attend you in this particular, hee can acquaint you what I have caused him to do in this business.
It is now apparant to the World, what Spirit Rule's in som persons in the Admiraltie, to the great dammage of this State; it had been well for the State I could have been believed before now. In these particulars they had saved manie hundred thousand pounds.
May it pleas your Honors, if I could have had my witnesses examined, and a list of all the passengers in the Ships, Salvador, George and Sampson, and where they did remain, as I desired ever since Januarie last, you had condemned all the Silver in the said Ships before this time; But Spanish GOLD and SILVER work's wonders; the truth is, this business hath been as slily carried to the prejudice of the State, as ever anie business hath been, and that with so much boldness, as all knowing men that were in the Admiraltie and heard it, must needs confess, that never was the like don in anie Court in the memorie of anie man, in so weightie a business, when the Common-wealth's title was in question: and in convenient time, I hope the State will have a strict account of it, let mee but bee impowred by restoring mee to my estate, I will finde out the bottom. And if this bee not don, you will finde no man for the future will venter for the State as I have don, and it will bee a warning to others, not to believ [...] Court-Holy [...]water.
If you will have mee do you service, I desire in persuance thereof, to know what Ships the Dutch Prize-Commissioners have discharged since the 16. of December 1652. and the daies when they were put under their charge, and to whom delivered, and where the Merchants dwell. I do humbly desire, that the Register and Commissioners for Dutch Prize-Goods, bee Ordered to give mee a particular of what [Page 86] Silver, Wooll, and Marchandise, is claimed in the Sampson, Salvador and George, or anie other Prize-Ships within this Nation, by any person, and what goods they have restored out of these Ships, and to whom and by what Order, and the daies when; this I humbly desire from the Dutch Prize-Commissioners, becaus their Accounts and proceedings are kept perfect, and manie goods have been got from them against their good Wills, and by the Merchants Protests and Clamors; and from the Commissioners I shall have the truth of these particulars.
My humble suit is, that Captain Bishop, may bee desired to acquaint the Council of State with what letters and advices the late Council received from their several Intelligencers in Holland, of the proceedings and carriages of som people in the Court of Admiraltie, concerning the abuses and practices in their deceiving the State of their Dutch-Prizes, and what Ships have, immediately after they have been discharged in England, went directly for Holland; I humbly desire that Cap. Bishop would produce the Letters concerning these discoveries to the Council of State. There was an honorable Member of the late Council of State lately told mee, that I had given the late Council of State, so much light in the business of the Dutch-Prizes, that if they had not been dissolved, they would have made som in the Court of Admiraltie examples; but now hee was but a private man, and hee hoped I would apply my self to them that govern the State; in doing thereof I should do great service to the Nation, for it was very fit to have these things look'd into.
Thus according to your Honors command, I have in this particular made you an humble tender of my faithfulness, and will, to serv my Countrie in these particulars, if I bee commanded, and have a full and ample Warrant to impower mee for my doing thereof, [Page 87] and I most humbly desire an assurance from your Honors, for my just and due rewards, when I have don your business in the Admiraltie, concerning the Silver and other Prizes. I humbly leav my self to the Council of State, what they shall bee pleased to do in this business; in the mean time I desire part of my estate to bee restored, and I shall faithfully and vigilantly serv them in making these discoveries, and shall not weigh the envie of particular men, for doing my Countrie this service, so it bee acceptable to the Supreme Power.
THere hath been great store of Tobaccos and Wools already delivered out of the Salvador, Sampson and George, and other Prizes; and at this instant of time, you are about to deliver neer 900 baggs of Spanish Woolls, which amount's to verie great value; I desired particular witnesses might bee examined about these Woolls and Tobaccos in Januarie last, both passengers in the Ships and others Merchants, but could not; and manie of them by the Merchants are sent awaie beyond Seas, to avoid the examination; I told Doctor Walker of it yesterdaie, beeing the 12. of June; who said hee believed manie things had been don about these Prizes, which ought not to have been don by som in the Admiralties; but hee would impute it to ignorance, and not maliciously don; truly I believ it was self-seeking and covetousness had a great hand in this business; and a [Page 88] general malignancie of most of the Officers in the Admiraltie, as any man maie see, if hee read my letter to M r Bud, the State's Proctor.
I humbly desire to have the marks and numbers of those Woolls and Tobaccos before they bee delivered, and what sorts they are off.
May it pleas your honor; as no man can build a hous without tools; so make these discoveries without an ample Warrant, to impower mee, and to bee reinvested into my estate, as I humbly desire; and then upon the peril of my life, I will give the Common-wealth an exact and a good account, both of their Silver, and also merchandise in these Prizes; and if the State do this, I will by God's assistance, discover the said abuses, and if they pleas but to punish the Offendors, when they know who hath abused them; that will do the business, to prevent it for the future: but if they bee suffered to go on, the State will bee perpetually cozened by these fals and dangerous practices.
May 24, 1653. For the Right Honorable Col. Philip Jones, and Col. Bennet, these humbly present.
M R Lievtenant of the Tower did send for mee, to tell mee that I should com unto you about som business you had to speak with mee, about the Bullion in the Mint; and when I spake with your Honors, you [Page 89] desired mee to draw up in brief for the best management of the Coyning of the Bullion in the Tower; your Honor telling mee, the Council of State had taken special notice of my great service about the Prize-Silver.
You told mee you had spoken with the Masterworker and Comtroller of the Mint, and som other Officers; you found them very raw and ignorant in this business, all, saving one M r James Hore, and M r Burch, whom you found to bee able Clerks. Seeing your Honors, and M r Lievtenant of the Tower, have requested mee to give you in writing, what in my experience is to bee don, in carrying on this great work of taking all the marks of the silver, and keeping a particular account of the several parcels of Silver, Weights and Marks.
1. Your Honors must take a special care that every parcel of Silver bee distinctly weighed, and that no man, but such as you imploie, see the marks of the Bars, or Cases, and that no Silver bee weighed but before one of your Honors, beeing of the Committee of the Council of State, and upon every remove out of the Office the papers of the marks to bee sealed up.
2. When you bring your Parcels, you must mark every parcel in Bars, Bags, cases, and Cask, viz. n o 1, n o 2, n o 3, and so forward to the last number if there bee ten thousand Parcels.
3. When this is don, you must make your assaies distinctly of all Bars, and if there bee any little one, they must bee melted into one Bar, and a piece cut to make an assay; if you finde Plate and vessels of silver, all that is in one parcel must bee melted down, and the fineness, and weight, and mark of the Bags, Cases, Barrels kept distinctly; when you melt, you must weigh your silver exactly to the pot, and keep an account of the wast back, and that all the ashes bee saved, and at the end of all bee washed, for els there may bee voluntarie [Page 90] spillings out of the Pots, and so you may bee deceiv'd. You must have a care whom you trust in the Melting-hous while your silver is melting; for you may have a lay or copper put in, and that shall make it weigh your full weight; but if you imploy M r James Hore in the business, or M r Burch, they are men that are very honest and able, can, and will do it justly.
5. If you pleas, I offer to melt down the Ingots, after they are all assaied, to deliver unto the Moniers, for the Fee of 12 grains upon every pound weight Troy. whereas S r John Wollaston hath for this 30 years had 16 grains upon everie pound weight Troy; which Office hee is now uncapable of to execute, by reason of a late Order from the Cuncil of State, for his late engagement in the late black and serpentine Petition with som of the Citie.
I made a Proposition to the Committee of the Mint, about a year and an half past, to execute the place of Master-Worker of the Mint for an hundred pounds the year, and to melt the silver at 12 grains the pound weight; whereas the Master-Worker allow's S r John Wollaston 16 grains the pound weight for melting the silver.
This Proposition was Ordered to bee reported to the then Council of State by the Committee of the Mint; and I humbly offer to do it for you now at the price of 12 grains the pound weight, and a 100 l. a year; by which offer I save the State about fifteen hundred pounds the year, of what the Master-Worker and his man the melter hath allowed them when the Mint goes, in such quantitie as formerly.
6. Your convenient's and safest way for your monies after it is coined, is to bag it up in the Mint; and this may bee don for about two shillings the 100 l. and let it remain in som secure place in the Mint, or the Tower, and none com unto it, but by Order of the Council of State, by this waie you will save several [Page 91] Fees that will run out to several people, if by this way they bee not prevented.
You must keep som purposely to see the exact telling the monie; that they keep a perfect account upon Oath, what the Shere make's, and put it down justly to the State; by this waie you may save som thousands of pounds in Fees; and the State ought to have a just account of the profits of the Shere, which amount's usually to 8 s and somtimes 10 s the 100 l. by tale.
You also keep your monie in your own custodie, under your own lock and keie, to bee disposed of as the State shall see good at an hour's warning.
For som other directions concerning the uncapableness of several of your Officers in the Mint; as the Master-Worker, the Comptroller, the Clerk of the Irons, and som others; your Honors see what ignorant men they are; they may bee ashamed to eat the State's bread, and are not capable of any business: your Honors told mee you were sorrie to see the State so served in the Mint; the like did the Lievtenant of the Tower.
May it pleas your Honors, if by God's Providence I had not staied this silver, there would none have been coined till the State had gotten more skilful Officers in the Mint; and yet these men, I understand, intend to stop the arreers of wages they pretend is due to the Master-worker, the Comptrroller, and the Clerk of the Irons, out of the monies and profits arising by the coining of this silver which I caused to bee staied, and is now in the Tower; which will bee to the Master-Worker about a thousand pounds, and to other Officers twice as much; in all, it com's to three thousand pounds, or thereabouts; When these men have spoiled your mint, they are very confident men to make any such demands; I humbly hope the Committee of the Revenue will look to prevent any such business on their accounts for the future, now they know it.
Truly I have justified it before the Committee of the Mint formerly, and afore all the Officers of the Mint, about a year and a half past; That the State had better have given fortie thousand pounds for these last five years, then have such Officers as som of the aforesaid persons in the mint; and this I have justified before these Officer's faces, at a Committee of the late Parlament; onely M r Hore and M r Burch understand the business, and are men fit for their emploiment, in the Mint, or better places then they have.
If I had the place of Master-Worker of the Mint, as the late King appointed mee, I would know from any part of Christendom, what great quantities of silver is stirring to bee transported.
May it pleas your Honors! If I had not known by long experience this Art, your Honors at this daie had not had this Treasure in the Tower.
I most humbly offer my service to your Honors, and desire such an emploiment in the Mint, and such allowance as your Honors, and the Council of State shall think fitting for the service of the State, and I shall accept of it as part of my satisfaction which I humbly petition the State for; thus with the Tender of my humble service, I remain
May 24, 1653, a Brevit of the Papers I deliver'd to the Right Honorable Col. Bennet and Col. Joanes, who several times since have told mee, that in every particular I told them, for the carrying on this business in the Mint for the coining of the silver, I had given them the clearest information of any; they found [Page 93] it right and true, and the best waie for the service of the Common-wealth about their Mint-business, and were pleased to engage their Honors, that they would, by the first opportunitie, present my great services to the Council of State and Parlament, and that they had made my Lord General acquainted with it; and that they at several times had made the Council of State acquainted with my great services I had don, and that they would present my Petition, and speak effectually to it at the first opportunitie, to have my Estate restored.
That shortly there would bee a Committee for the Tower, and then what I had propounded concerning my beeing Master-worker and Melter, should bee presented to the Council of State, and som order taken to get the Mint supplied with abler Officers; M r Lievtenant of the Tower said the same to mee.
Som others of the Council I made acquainted, that great care ought to bee taken concerning the Prize-ship, Morning Star; and that I had several times beer: with Doctor Clerk, Advocate for the Common-wealth, about that ship, to have a great care of the State's Interest, concerning the Silver and lading, I made him acquainted what charge and pains I had been at in searching the Records in the Tower for Presidents: I told him M r Riley the keeper of the Records would satisfie him.
I found D r Clerk very ready to receiv any Informati-; and I did see a very heartie and cordial expression from him several times for the State's service. Hee hath formerly been a Judg in the Court of Admiraltie; If your Honors could get him to Execute that place again, his experience and gravitie, and his care of Justice, I verily believ will prevent som former abuses which hath been daily practised in that Court, to the great prejudice of the State and Nation. THO. VIOLET.
THat Thoms Violet bee appointed (together with som other person hereafter to bee named) to bee Assistant in the making of Discoveris, in relation to the Ships Sampson, Salvador add George, and their lading, whether Silver or any other Merchandize, and likewise of any abuses which have been in the managing of that business since the first bringing up of the said Ships, and hee is from time to time, to acquaint the Council or such as they shall appoint with what Discoveries hee shall make in this business.
For the Right Honorable Col. Jones, These humbly present.
I Humbly desire the State to take notice, that their business at present, is managed concerning their Prize-goods, in such a waie, as leav's a great latitude to your Commssioners, that are Merchants to defraud the State: So that their fees in the Sale of your goods, and Merchandizes at 2 d the pound, is as trifal, and of no consideration, in comparison of the perquesits [Page 95] and profits they maie make other waies, (and it is such a BAITE profit) that few men will refuse it, to let it com to them anie waie; I will not possitively affirm, that it is daily practised, till the business is throughly inspected by a Committee of Parlament.
It is this, I am a Commissioner for sale of all the State's Prize-Goods and Ships, and by my Interest, I have gotten my Brother to have the charge of all Ware-houses, and Sellars where these goods laie. I have all Porters, Packers, Brookers and all other several instruments that are for the buying the State's Goods and Merchandize, com unto my Brother to taste Wines, and Tobaccos, and to view Corn, Sugars, Oyles, Woolls, Fruit, Spice, Silks, Beads, Linnings, and all other commodities, when I have don, I will caus som people, viz. Coopers, Brookers, Porters or other skilful persons in Merchandize, to sort the State's Wines, either French, or Spanish; Tobaccos, Silks, Linnens, Woolls, Oyles, Fruit, Spice and all other commodities, when this is don, I will make a sale of part of these commodities, and reserv a quantitie of the sorted and pick'd Merchandize, for my self, or friend, who is a monied man, and can at a pinch laie down twentie thousand pounds for a bargain; paradventure old M r Rowland Willson or som other in the Citie.
I beseech your Honors to suppose the Commissioners, that are no merchants make's a sale for ten thousand pounds by the candle of the States Goods, and Merchandize; and of som of these Merchandize, a Commissioner, that is a Merchant, make a reserv, viz to the value of three thousand pounds of sorted and Pick'd goods, and after put's these goods down without a sale by the candle on account to the State, for the wines, tobaccos, silks, woolls, oiles, sugars, fruit, spice and all other commodities; after [Page 96] the same rate his fellow Commissioners sold the great parcel of seven thousand pounds, pretending this small remainder is not worth calling for a new sale, or I beeing a Commissioner, will either buy these goods in my own name, or get friends to buy them in their name. These goods thus sorted, gurbled and pick'd from the gross bulk, maie bee better in the true value then the gross quantitie of Merchandize, sold by the candle unpick'd, som times twentie, thirtie, naie fortie in the hundred, and somtimes where Goods are perrishable half in half, and above. I humbly leav it to your consideration, whether the libertie of sorting, packing and garbeling your commodities, is not a better trade then the bare and single 2 d in the pound, upon the Reasons aforesaid.
To have som information of this business, and shew the Parlament the waie to finde out the bottom thereof, and to prevent it for the future; I desire your Honors to make an Order of the Hous of Parlament to M r John Daie Broker, that weekly sells the Printed Bills of the currant Rate and Price in the market for all Merchandize, which Bills pass as the currant Market, both at London, and beyond the Seas, what Rates all Merchandize bare in London; and this is the general Rule for all Merchants to buy, and sell by, as all Merchants know; to require M r Daie to give you all the weekly Bills hee hath Printed for these twelv months, of the Prizes of all Merchandizes, unto the Parlament, how Merchandizes is sold every week in London. May it pleas your Honors, manie hundreds of Merchants paie M r John Daie quarterly for these Bills, as beeing the onely guide to buy and sell their commodities by.
I humbly desire a Committee of Parlament to view everie week your sales, and the Printed Bills, to see what you have sold the Common-wealth's merchandize at, under M r John Daies Printed Bills, you will [Page 97] find it a verie considerable business to understand, and profitably to prevent for the future the garbeling or sorting your commodities for the private profit of your Commissioners that are merchants; and that the Parlament see carefully for the future, that none of your Commissioners that sell your Prize merchandize, shall trade as merchants during the time of their Commission and employment for the sale of the State's goods, for if you do, you maie bee deceived of thousands of pounds yearly. It was so formerly in the Custom-hous, no Officer was admitted to trade, so long as hee was employ'd, either as a Farmer, or a waiter, and it was don in all ages upon weightie consideration.
This verie intimation, I humbly saie, will save you manie thousand pounds a year, naie somtimes som thousand pounds in a week, if you pleas to examin it. I believ you have sold your Prize goods this year under the merchants market, neer one hundred thousand pounds.
Maie it pleas your Honors, I had in Offices taken from mee above five hundred pounds a year, which I bought of the late King and the Ladie Villers. If you imploie mee for the Common-wealth, in either the Mint, Customs, or Excise, or your Prize-Office, or in the Court of Admiraltie, I will in som of these places save the State a hundred times more then they will give mee for a pension, if you give mee a fee of 500 l. a year, I will save you fiftie thousand pounds a year, which you are daily cheated of; and this shall not bee denied by anie knowing merchant, or others that know's trade that shall dispute it with mee, if they understand's the cours of trade, and are not biass'd with a prejudice against me, for discovering these truth's to the State, which in all likelihood, the State would never have known without my information.
If I could bee so happie to finde out an old Burlie, a Walsingham, a Cecil, or a Secretarie Cook, they would presently apprehend this business, as Queen Elizabeth did old Carmarden's business, as the greate [...] service that could bee offered to the State: there are at present as wise State's-men as they; but it is my unhappiness, I have not acquaintance or friends to bring mee, to make my free addresses to them upon all occasions, for the Common-wealth's business, as is requisite for the Common-wealth's service, in this conjuncture of time; and as I have don formerly for manie years with the late King and his Council.
If I had had for these last six years, the same free address to the late Parlament, as I had to S r John Cook, late Secretarie of State, and manie other of the late King's Privie-Counsellors; I would have saved this State manie hundred thousand pounds they have been cozened of, in the point of their Prizes, Customs, Excise and Mint.
Maie it pleas your Honors; my staying the Silver, was a miracle that I had courage to do it; considering the manie hazzards I run in staying the Silver and the multitude of people that had an interest in it, and had a design to have deceived the State of this Treasure and manie other Prizes, and if you examin M r Steneer's Letter carefully, you will finde no mean persons had their hands and heads in this business. If the Parlament read Cap. Bishop's Letters from Holland, and M r Steneer's Letters stopp'd by the late Council of State, they will finde strange proceedings in the business of the Prize-Silver howsoever, for the present it is stifled and not examined; in convenient time I may plaie the Chirurgion, and probe it for the service of the Common-wealth.
S ir! I desire you to communicate this Paper to the Council of State; It beeing for the service of the Nation.
IT may bee objected by som that are willing to Cavil at any thing I do, that I have not don well, to put all the Transactions of this business into Print, many things in this action beeing not convenient to com to publick view. To give an answer to this objection, for I conceiv I shall meet it in my Dish by som that carp at mee;
My Answer is,
1. THis Narrative is at the present, Printed onely for the information of the Members of Parlament and Council of State, and the Council of Officers of his Excellencie the Lord General (this present Parlament and Council of State, beeing the onely Judges to give mee relief in my just demands) the former Parlament and Council of State for whom I did this service beeing now dissolved as a Parlament and Council.
2. I most humbly conceiv that this present Parlament having now in their possession, all the Silver I staied in the Court of Admiraltie, and several other Prize-Ships will bee honorably pleased to see mee have my due Reward, which was promised mee by the late Council of State, and that is my estate again restored unto mee, or so much as can bee by the power of the Parlament, and to make up the rest of my estate that cannot bee restored either in money or Offices; the som of eleven thousand pounds, according to my particular in this Book fol. 63. and this was the agreement and promiss I had from the Committee of Forrein affairs, and others of the Council of State, besides manie of the Members of Parlament told mee, I deserved a greater Reward [Page 100] for this business, more then to bee restored to my estate, for that they were of opinion, if once my caus of Sequestration should bee heard in the Hous, I would bee cleered of my Sequestration. Truly I humbly saie, were I in any Common-Wealth in Christendom, and had don them the like service as I have don here, and had nothing to pretend too, but this service; I have heard som Travellers saie, I should for my discoverie of so great a business, have manie thousand pounds beyond what I Petition for as my due. I should bee injurious to the Justice of the Parlament, if I should make anie declaration as a question of receiving my due.
3. I humbly conceiv, that the former Council were as Factors and Agents for this Common-wealth, and intrusted by the former Supreme Power, and what I did with them, I do the same thing (with humilitie I saie it) to this present Supreme Power, and to the present Council of State. I did them this service for the Common-wealth and not for any particular person, or for anie particular man's profit in the Council of State, and therefore though the particular persons bee changed in the Government, the Common-wealth is not changed, the Common-wealth hath the Silver, the Common-wealth in honor is ingaged to do mee right; these present Governors, are as Stewards for the Common-wealth, and if my reward should not bee punctually performed by the present Power, it would for ever hereafter bee of dangerous consequence to the State, and would discourage any to serv the State. I have don the State in this particular, the greatest service that ever was don in England by anie man of my condition, to save them neer four hundred thousand pounds in Silver of our enemies, in this conjuncture of time. It will save Taxes and replenish the Nation with monie, and it is easie to apprehend what advantages the State hath by it.
[Page 101] 4. If I had not given everie Member of Parlament in Print, a Narrative of my whole Transactions in this business of the Silver, and Prizes in the Court of Admiraltie, how could I put in my Petition into the Parlament, to have a Reward for my services, and never to shew all the ground-work, or original occasions, or Transactions, upon which in justice and equitie my Petition ought to bee granted by this present Parlament, they having the benefit the former Parlament had, having by my means sowed the seed, and this Parlament reaping the harvest; I humbly hope they will allow mee a little gleanings, it is said, Thou shalt-not muzzle the mouth of the Ox, that treadeth out the Corn; the State never had had this Silver in the Barn, had I not trod and trod again for it.
5. I have found manie of the late Parlament men, and som of the late Council of State with several others, their followers and friends having relation to them, getting my Papers into their hands, have acted their parts in several Scenes of the State at several Committees, several Treaties in Forrein Affairs, in several Offices, as in the Mint, and at the Council of Trade, and at and in several emploiments in this Nation: which papers of mine I have presented them with, by means thereof som have assumed more to themselvs then was ever in them upon a strict examination; for I have sate up manie nights and daies at vast expence and studie to bring the State's business about; and som others by my papers have gotten great employments (whereas if they had been truly examined of the worth of themselvs, they would som of them been found Emptie-beaded and long-bill'd Wood-cocks) these men having served mee as the hogs doth the man that shake's them down the Alcorns, they eat them up as fast as they fall, but never look to give thanks to the man that shook them down; beeing so far from acknowledging my civil respects unto [Page 102] them, that for my curtesies in this kind, to som I have met withal after I have been instrumental to bring them to good Offices and Preferment, they have don mee ill offices and disrespect; I shall forbear naming of them, hoping for the future they will have more of Christianitie than to render mee evil for good; many of my friends that have been privie to their ingratitude, have told mee both of their confidence and impudence in Relation to mee as aforesaid; and this is one reason wherefore I Print these Papers, that these Rooks for the future may bee discovered.
6. For my presenting this Narrative unto the Supreme Power, I am autorized to do it by Order of this present Council of State 10 th of June 1653. to present all abuses that are or have been in the managing of the Silver-Prizes, and by Order of Parlament the 12. of July 1653. an Order to examin how the Treasure coming into the State, may bee managed with the least charge and expens, and how all persons that have receiv'd the monie for the Common-wealth, may bee called to account; another Order of Parlament of the 20. of July 1653. where a Committee is appointed to receiv such Petitions to the Parlament, as are proper to the legislative power, or not els, were to bee relievable with power to send for Papers, Records and Witnesses, by an Order of the aforesaid Date, I am inpowr'd to present these propositions, for the advantage of the Common-wealth, that so for the future, som good Rules and Laws may bee made for the Court of Admiraltie; and this Narrative is one of the principallest for the saftie and profit of this Nation, that hath or shall, I humbly conceiv, bee presented to the Parlament.
1. As in relation of the Silver now a Coyning in the Tower.
2. Several other Prize-Ships, and discovering several frauds, and breachs of trust in som persons, [Page 103] to the great dammage of the Common-wealth:
3. There is a Committee appointed for the publick Treasurie, and for the best improovment, these propositions is for them, wherein by careful mannaging of the sale of the Prize-goods, they may improve the same manie thousand pounds yearly; the carriage of that business of the sale of your Prize-goods, I humbly desire maie bee called to a strict and exemplar count.
4. I humbly think that there is not one Member in the Hous will conceiv his time lost to bee made acquainted with the several passages of this Narrative; if I knew anie would not bestow the reading of it, I would spare my pains in presenting them with it.
7. If I would have been taken off of the Prosecution of this business, as som are who offered mee their assistance several times about Januarie last; now their Actions are turned, they are at present for the Merchants that claim this Silver, and act the Merchants-business against the Common-wealth: if I would have don the same thing, I needed not at this daie have petitioned for my dammages, to the Parlament; my deserting the prosecution, had lost the State's business, for which I could have had a eleven thousand pounds paid mee with thanks, anie where in Christendom I would have had it paid mee: but I never have or will by God's assistance, leav the Common-wealth for particular profit. Had I don as som have don, (whel'd about) the State had been cozened of every pennie of these Prizes; but those that know mee truly, know I am of another temper; I desire all men whomsoëver in this Nation, to give mee a charge to this present Parlament, that directly or indirectly, I ever for my own private use, received one pennie of any man for any favor, connivance or other waies whatsoëver in the late King's time; and I freely have gotten manie man his pardon, from the [Page 104] late King: and now I am ingaged in this business, no man shall directly or indirectly draw mee to betraie the State's interest; if any can give mee a charge, I chalenge them to do it, (I know I have enemies enough, I desire them to give mee a charge, I desire no favor). Upon the result of all, I humbly desire the Parlament to consider seriously, how manie men would have served the Parlament so faithfully as I have don, upon the single account of acting against all Merchants and others in the World, for the Honor of the Parlament, and saftie of my native Countrie. If this bee not duely considered by this Parlament, and my estate restored, all men for the future will have a care how they serv the Publick, to bring a ruine on themselves for beeing honest to their Nation.
8. That wheras several Honorable Members of the former Council of State, Members of Parlament are named in this Narrative, I do humbly appeal to their Honors for the particular business they are named in, for the truth of what is ascerteined, both for the matter, time and circumstance, onely putting it into a form.
9. This Narrative I put forth for the information of the present Judges of the Court of Admiraltie, that so they maie bee acquainted with the several abuses, formerly acted by som in the Court of Admiraltie, and that they carefully see, that such remedies, by Act of this present Parlament, may bee made for the due regulating the Officers, and proceedings of that Court for the future, that all former abuses, and deceits formerly put on the Common-wealth, may bee prevented; I humbly desire an Order of Parlament, that the Judges in the Admiraltie bee Ordered to take an exact account, what Ships have been discharged the Prize-Office, by Order of the Admiraltie, since the first of August, 1652. to the first of [Page 105] August 1653. and the daies when, and what Ships were seized for the State, and what Ships for Prizes of private men of War, there is now depending in the Court of Admiraltie this 1. of August, 1653. and in som other particulars which I will attend the Judges of the Admiraltie in. I do humbly desire S r Sackvil Crow, Doctor Walker, Doctor Clark, Advocates of the Common wealth, M r Lievtenant of the Tower, Liev. Colonel Joice, Colonel Wetton, M r Oxenbridge and M r Sparrow, Commissioners of Dutch Prize goods; M r Jsaac Doreslaws, M r William Riley, Keeper of the Records in the Tower, and all others that are named in this Narrative to declare, whether the proceedings and things set down, bee not a true Narrative of my transactions in this business, the putting the said business into a form beeing allowed mee; all which pains and charge had been saved, if the old Council of State and Parlament had continued, manie of them were privie to everie one of these passages, and could have reported it to the Hous, without putting mee to the trouble to Print this Narrative.
And I humbly referr my self to the judgment of all judicious men, whether there was not a necessitie to Print this Narrative aforesaid, for the due and true information of all the Honorable Members of this present Parlament; I humbly conceiving, everie one of them having equal and Supreme Power to do mee Justice in this my humble Petition, (and I praie God in Heaven direct them) that they maie do mee their humble Petitioner right in this caus: for as I am dealt with in this business, it will remain an Record, either to encourage or discourage any for the future, to do the State service in the like kinde. In the first place, I have had constantly in my eie, in the whole cours of my proceedings in this weightie business, the Saftie, Benefit, Advantage and Honor of this Common wealth in this conjuncture of time, venturing in this action, both my person, estate and life, to [Page 104] [...] [Page 105] [...] [Page 106] accomplish and do the Common-wealth this service, against publick Ministers of forrein Princes, Judges and Officers in a Court of Admiraltie, and hundreds of Merchants both English and others, as everie Member of this present Parlament may see from the first to the last of this my Narrative.
Secondly, I have had a careful eie, that upon doing this difficult service, that the Parlament might (acording to the promiss of the Council of State, upon my undertaking this business) restore mee to my estate which hath been unduely taken from mee, that so I might have to live of my own in a plentiful waie, as I have don formerly, and bee enabled to serv the Common-wealth thereby.
And these are the true reasons, that caused mee to Print this Narrative, and no other; I would have any that are not of this opinion know, I can keep secrets as well as another man, and manie hundred secrets I know both of times past, and present, that shall bee buried in perpetual silence, except such a necessitie as this is, which is for the saftie of the Nation, and for the saving my whole estate, enforceth mee to discover them. I humbly leav it to the judgment of any just discreet or honest man; whether I could never get this my business truly stated to this Parlament, without setting forth this, Narrative, and I humbly leav it to any indifferent man supposing hee had all his estate unduely taken away from him, as mine is from mee, whether hee would spare to speak, or leav any stone unturn'd, if all hee had should bee lost for want thereof.
The whole business is humblly left to the Justice, Equitie and Pietie of this Honorable Parlament, at whose feet I prostrate it, and shall daily praie for their prosperitie in this World and in the World to com.