State Papers, 1654: July (2 of 7)

July (2 of 7)

A justification of the proceedings against the Portuguese for the murder of Mr. Greenway, notwithstanding their relation to their embassador

Vol. xvi. p. 2.

That the matter of fact be truly stated, whereby the insolency and malice of the parties may appear; and to justify our proceedings against them, though relating to the embassador, to set forth:

That the fact is murder, and so a sin against the law of God and man; such as by the Levitical law admitted neither pardon nor sanctuary. Joab was taken from the horns of the altar. No cities of refuge allowed a murderer by the law of Moses, nor privilege of sanctuary by ous law.

1. Hen. VII. H. Stafford's case.

That the privilege of an embassador cannot exempt him from his trial by the law of this nation.

Cap. 5. Cawdry's case.; Dr. Standish's case.

It is a maxim in our law, that no foreign law, either civil or national, can take place in this nation, unless it be part of our law by act of parliament, or by a continued practice of the people time out of mind, if admitted here; and that supposeth an universal assent of the people; and then it goes for the law of the land.

And therefore whatsoever the civil law is, or the jus gentium practised by other nations, is not applicable to England.

Neither will it be any argument, to exempt this Portuguese from his trial for murder, tho some example be produced (even in this nation) of embassadors dispensed with from the trial of our laws by some of our princes, for practice of treason against the state, which might be upon particular reason of state. And I hold treason, which may be contracted by endeavour only, more pardonable than murder; and I do not know any precedent of dispensation with the trial of an embassador for murder or manslaughter, &c.

That upon solemn debate, it hath been resolved, by the opinion of learned counsellors and common lawyers, embassadors themselves are to be tried by the laws of this nation, and not to have their privilege.

The queen of Scots was tried and executed for treason by commission of oyer and terminer.

Camb. Eliz. f. 276.; Co. 4. inst. fol. 152.; Co. 4. instit. 153. towards the bottom of the leaf.; * Benedict. in vita H. 2. † Record. in scaccario West. claus. E. 1. Sir Tho. Cotton.

The bishop of Rosse, embassador from the crown of Scotland, was committed for treason, and resolved by the opinion of five learned civilians, that he could not have privilege to exempt him from his trial.

So the resolution of Sam. Pelashe's case, the embassador of the king of Morocco, wherein the lord Coke cites die opinion of judges of the common law, and civilians.

Vivian*, the pope's legate here, was restrained by Hen. II. for disquieting this slate, and forced to swear not to act any thing in præjudicium regis & regni.

Hen. III. † did the like to the pope's embassador, who was fain to fly times pelli suæ (as the record saith).

Ed. I. restrained the pope s embassador, untill he received satisfaction for the wrong done.

In the year l523. Lewis de Prat, embassador from Charles V. was commanded to his house, for accusing falsly cardinal Wolsey to have practised a breach between Hen. VIII. and the emperor, to make amity with the French king.

Sir Thomas Cotton.

In 1568. Don Gusman Despes was confined to his house in London, for sending scandalous letters to the duke of Alva.

Sir Thomas Cotton.

The like was done to Dr. Alpen, and Malviset, the French embassador. Barnardino de Mendosa, for falsly traducing the ministers of state, was restrained, &c.

These records and precedents would be perused in the originals, that you may be sure to proceed upon safe grounds in citing of them; and I only mention them, to shew the practice of the law of England, &c.

It is reasonable the law should be so;

11 E. 3. Fitz. Brev. 473.; Cap. 7. 15. in Calvin's.

1. For embassadors and their families have the protection of the law; and if any of them be injured, the party that commits the offence, must incur the punishment of the laws. for if an Englishman rob or kill an embassador, or his servant, he must suffer death; and therefore reason, that they who have protection of the law, should submit to the law.

Hob. reports, 78. 113. embassador of Spain's case.; Many more authorities.

2. It would be destructive to embassadors, if it were otherwise; for if they were not subjected to this law, that the people of this nation may have remedy against them, in case of injury, nobody would have commerce with them; so that they might be starved for want of victuals or other commodities, and men would not converse with, if they might do violence to their persons and estate, and must not be punished by this law, without appeal to the foreign prince from whence they come.

3. If it were so, then is the English nation, in relation to any injury done them by embassadors, under the protection (upon the matter) of a foreign prince; for they must appeal to him for justice, and not to their own prince.

4. Admit the foreign prince would do justice, the same cannot be done without examination of witnesses; and what a length of time, and trouble, and expence, that would take, may be easily guessed; it would wear out the prosecutor, and probably spend so much time, that witnesses and parties innocent would die in the interim.

5. If embassadors had such privilege here, then our embassadors must have the like elsewhere; and if an Englishman should kill a Portuguese, he must be sent to England to be tried; in which case he must go unpunished; for he cannot be tried; and then quære, whether it be not so in other countries ?

It is good to keep to the case in question, (1) in case of murder, and not to launch to privileges in general.

Since I writ the letter, I perused the statute of 27 Eliz. and the commission whereby the queen of Scots was tried; and doubt much, whether it be to advantage to mention it, because her trial was by special commission framed by act of parliament, in the nature of an high court of justice. Quære.

To his highness the lord protector of the commonwealth of England, Scotland, and Ireland:

Vol. xvi. p. 128.

The humble petition of Don Pantaleo de Sa' è Meneses, prisoner in Newgate.

Shewing,
That on the fifth of this instant July, the petitioner being brought before certain judges at Westminster, to answer concerning a crime of murder objected against him, the petitioner then alledged his agency and employment here, being made a public minister with his brother the lord embassador from the king of Portugal his master, and that he was taken out of the house of residence of himself and his said brother embassador, to answer touching the premises, which were supposed to be done during the time of his residence here, for the causes aforesaid. The petitioner prayed allowance of his privilege, and to be tried according to the use and justice of all nations in such cases, and prayed council to be allowed him to alledge his privilege, but was denied in his requests; and for fear of certain torments of death, unless he pleaded not to the indictment, which he apprehended would be instantly executed, he pleaded thereto, and hath since received judgment of death; which of how great consequence it is, being, as he conceiveth, violation of the rights of embassadors in his person, and otherwise, your highness's wisdom may judge.

He prayeth respite of execution by your favour, and that due consideration may be had of him and premises, and execution on the said judgment may not be done, and that he may be remitted to his king.

D. Pantaleo de Sa' è Meneses.

To his highness the lord protector of the commonwealth of England, Scotland, and Ireland;

Vol. xvi. p. 129.

The humble petition of Alvaro Gonsalves Pereira, master of the horse to the lord embassador.

Sheweth,
That he is innocent of the crime that he is accused of; besides that he was condemned, the judges thinking he had submitted himself to the laws of England, which is a great mistake; for he not being acquainted with the language, ever said the same that his master's brother said, not understanding any thing that was past, neither having any body to counsel him herein:

Therefore he humbly beseeches your highness to consider of it, and other reasons, that do excuse him; and to grant him time, wherein your highness may be better informed herein, and he enjoying the privileges of the embassador's family, your highness may take such resolution as you shall think most just and fit.

Vol. xvi. p. 1.

May it please your Excellency,
In pursuance of your command to me yesterday, I make bould to present your lordshipp with a particu [..] what moneys the respective treasurers at warre in England have sent for the supply of the forces in Ireland, and incidents to them, since the first of June 1652. to the first of July 1654. being two full years and [..]d what bills of exchange have beene drawne on them, and how much thereof hath been issued by warrant, from the said time, to the first of July instant; extracted out of the bookes of enteryes: in which is distin [..] hath been for immediate pay of the forces, and what for incidencyes for them for the respective moneths underwritten; as alsoe how much of the supply appointed and intended for Ireland, since the aforesaid [..]e and unreceived; the state of which to the first of June last was on the fifth of the same tendered your lordshipp.

The ACCOUNT of the moneys sent into Ireland by the treasurers at warre, within the time aforesaid.

For pay of the forces, and halfe pay to such officers and souldiers as were disbanded; together with clothes and bread for them, &c. there is monethly issued as followeth; viz. In

Memorandum.

1. There are above 300 garisons in Ireland, of which a considerable parte were erect advice of officers, within the time of this accompt, besides three stone citadels er viz. at Londonderry, Limrick, and Gallway; and a fourth finished at Clonmell begun before the first of June, 1652.

2. The reason wherefore there is such disproportion in the monethly issues, is, b sometimes the forces behinde of their pay, and sometimes payd before-hand; was occasioned by remotenesse of quarters and accidentall marches.

And the last three months the extraordinary issues were occasioned through the lity of the country, not being able to pay their contribution; as was particular serted in the state of the revenue sent into England by captain Kingdon.

3. From the first of June, 1652. to the 17^th of October, 1653. is 18. moneths, at 30 by the moneth; which sume was appointed and intended as a supply for Ireland is for that tyme 540000 l. From the 17^th of October, to the 27^th of June last, nine months, at 32000 l. by the moneth, the intended supplyes for Ireland from day is for that tyme 288000 l. the whole supply appointed and intended for th two yeares and one moneth, is 828000 l. of which there is in arreare and unre[..] 396828 l. (except what was sent the last yeare in provisions; of which there v[..] accompt made up and sent to the comittee for Irish affaires) besides severall greate summes of money before the aforesaid first of June, 1652. not here p[..] lerized.

4. For the two last yeares and one moneth the supplyes in specie of Ireland from En[..] have amounted by the moneth onely to the sume of 15969 l. 6 s. 4 d.

5. The bills drawne since the first of June last, are not included in this accompt, b[..] I had not time to examine them, but judge they are very few.

There remaines in the treasury foresaid supplies the sume (except what have beene issued since the first 1. 6s. 8 d: [£]23488 4s 4d.

Dublin, thursday morning, the 6^th of June, 1654.

Edw. Roberts.

A letter of intelligence.

Vol. xvi. p. 124.

From the siege before Arras, July 16. 1654. [N. S.]

Sir,
The court and army being here, without doubt much may be expected by you from me; but what I have now, is not so much, having only to tell you what follows. R. C. ere yesterday did pass by Cambray, with a few with him, and had no new pass from the highness; but passed by virtue of an old safe-conduct he had from his highness a year since. From Cambray he went to Valenciennes: they report he goes to the Spa. The archduke did not send any to visit him, because he did not acquaint the archduke or any of his court with this journey. Some confidently say, he is to meet the queen of Swedland there, and his sister Orange, which we shall soon hear, if true.

Extract out of the register of the lords states of Guelderland.

Vol. xvi. p. 84.

[Brought in, the 14. October, 1654.]

Veneris, 16. July, 1654. [N. S.]

In regard the treaty of peace made at Munster between the king of Spain and this state, amongst the rest of the articles, doth contain in the 52^d, that the exchange of the overquarter of Guelderland against its equivalent shall be brought to the chambre miparti; the commissioners of the generality are ordered to do their endeavours, that the commissioners of this state in the said chamber may be authorized to agree with the commissioners of his said majesty about it, to the end the said exchange may be effected.

A letter of intelligence.

Vol. xvi. p. 367.

Vienna, 17. July, 1654. [N. S.]

Sir,
By this post I had nothing from you, and I have no more to say since my last to you of R. C. or his lord Wilmot, than what you had in my last but this.

In mine to you of the 8^th instant I wrote to you of the sickness of the king of the Romans, with great hopes of his recovery; but the day following, being the 9^th instant, he died of the small-pox, his father being absent three days before at Ebersdorf, thinking the danger not to be such as it fell out to be. This makes the court, this city, and all the countries, very pensive; and in truth it is not known, what it may produce. He died at two of the clock that morning, and the danger of his death was not apprehended by the doctors till eleven hours before his death. The comfort left is of two brothers, the eldest being thirteen years old, and the other betwixt four and five.

The battle, of which in my former, betwixt the Turks and the Venetians is confirmed from Constantinople; and since, near the isle of Scio, another defeat is given to the Turk, where six galleys were sunk, three taken, and sixty vessels of war. The Venetians in the fight lost three galleys.

Here is not more at this time for you of this sort, from, Sir,
Yours.

Mr. Longland, agent at Leghorn, to secretary Thurloe.

Vol. xvi. p. 99.

Honored Sir,
The differences betwixt Spayn and Genoa grow stil wyder. Some men ar of opinion, 'tis impossible for them again to close, althoh the Spanyard, as is believed, would hav don it upon esy terms at first; but the Genowes being a very rich peple, knowing how greate occasion Spayn has of them, ar somewhat ellevated, especially being so much courted upon this account by France, Savoy, and the pope. Last week they sent a gentleman by a gally hether, to acquaint the princes of Italy with theyr busnes, and draw as many as they can into their party: but he found a rub at the great-duk's court; for his order is to be covered, and sit in the great-duk's presence, which would not be admitted, not having the tytle of ambassador: so he sent an express to Genoa, and waits its retorn at Florence, before he has audience of the great-duk: in two days I shal know what passes herin. I hav taken order to procure a list of the French ships going out of Tollon, with their force of guns and soldiors, and be sent you by way of Marsilia; which pleas to communicat to captain Badiley or general Blake. 'Tis credibly reported, that 16 sail of Portuges ship ar coming to Tollon to joyn with thos; and that they wil mak al together near forty sail; so that our fleet consisting but of twenty sail, wil be to few to meet them. The French will have ten gallyes, and imbark six or seven thousand soldiors. 'Tis generally given out, they com for Itally. Notwithstanding it may possibly be they may tak advantage of the Spanyards weaknes, and go for Cattalonia; yet 'tis as certain, as the king of Portugal's purse payes this yeare's expedition of the French at Tollon, so his greatest interest requyres to hav his ambassadours received at Rom; wherwith the French, and Genowes, and the pope lykewys concurring, they wil govern Itally, althoh the king of Spain has possession of the greater part; who indeed is a great prince in his territoryes, but litle in power; insomuch that 'tis generally believed here in Itally, except he has the protector's frendship, he is not able to wade through al his imbroiles. Two dayes since past by for Final four Naples gallyes, with mony for Millan, and one thousand soldiers. 'Tis reported the Genowes hav sent six galleys to meet 'em. My next may advys you what passes therin. I am,
Honoured Sir,
Leghorn, 17. July, 1654. [N. S.]
Your most humble servant, Charles Longland.

Boreel, the Dutch embassador in France, to the states general.

Vol. xvi. p. 96.

High and mighty Lords,

My Lords,
The lord Sagredi, ordinary embassador here to this court from the commonwealth of Venice, hath delivered to me a letter of congratulation about the peace made by your lordships with the commonwealth of England; adding withal, how much his commonwealth is concerned in the welfare of the United Netherlands. His lordship asked me, if I had given to understand to their lordships the assistance, which the said commonwealth is desiring in these dangerous times of war against the great lord of Constantinople, which they are necessitated to wage in defence of the island of Candia, and others of their territories.

The difference between Spain and those of Genoa remaineth yet undecided. It is thought the king will accommodate the same to the contentment of those of Genoa.

At Rochel in the river of Sendris are some men of war making ready; whereby the commerce and navigation of your H. and M. lordships subjects will go near to be molested, as I am informed from the consul of that place.

The court is still at Sedan, and the siege continues still before Stenay. It is very requisite, that your H. and M. lordships would be pleased to take some speedy course for the preventing of further abuses to be done to your subjects at sea by the French ships, when they meet with them, they bringing of them and keeping of them after they have done, till their goods be spoiled, or that they have gotten some composition-money out of them.

Paris, the 17^th July, 1654. [N. S.]

A letter to Mr. Hellemans Hoost.

Vol. xvi. p. 108.

Hague, 17. July. 1654. [N. S.]

Sir,
I have little to say to you this week. The states of Holland are returned back two or three days since. It is said, they will present to the generality a writing, which shall serve for a refutation to the deduction of those of Zealand, who are yet consulting upon an answer, which they are to make to the letter of the lord protector. Those of Friesland have sent within these three days a new protestation. Those of Guelderland, Utrecht, and a part of Overyssel, (you must know, that that province is divided) have not yet sent their resolutions. The merchants do complain very much, that the English do visit their ships, which they meet at sea. Here are divers discourses of the alliance concluded between Spain and England, that men cannot tell what to believe of it. The queen of Sweden hath quitted her kingdom as well as her crown; and here are letters, that speak her to be arrived at Wismar, and that she hath still a design to come to the Spa, where there is at present a great deal of company.

A letter of intelligence from Holland.

Vol. xvi. p.104.

Sir,
My last unto you was the tenth of this month: since, the post is come, but I receaved non from you; however, I hope 'tis urgent busines, rather then indisposition of health, is the cause thereof. Here is little news; the chief instruement, that moves the people's humours, is the coppy of a letter this weeck come forth, which the protector wrote to Zealand; whereof there are severall constructions made: some saye 'tis very friendly; others, that 'tis menacinge; a third, that the Spanish ambassador hath prevailed with you to write it, supposeinge it maye rather increase that province's enmitie then friendship with Holland. When all harde, I finde the wiser sorte to conclude, Zealand ought and must agree with Holland in their votes, rather then make any breach of articles. The royall and Orange partie are glad to see an appearance of any difference betwixt them, hoping it maye breed a new warr; then they assure themselves, their master's interest shall be espoused. There are not wantinge incendaryes to put a flame to ill spirits, whereof there are great store in the countrye. Another ill-affected member appears in the Hague, doctor Whitaker, a very pernitious fellow, whoe acts and speaks all the ill he can of our governors. Twoe of his sons are in service with Middleton, whome report continew very strong; and his party here dayly expect to heare, if he hath given you an overthrowe. Sir Marmaduke Langdale, and Sir Compton Spencer, have come out of France hither; and, as I am told by some of that partie, they are looking for a passage into Scotland, being sent from their master, whoe will at a distance followe them, as bussiness succeeds in Scotland. He is by this tyme at Spa, whither his sister the princess of Orange is gone to meet him: thence he goes to Ceullen, where he intends to staye six or eight weeckes; it may be longer, as he wroate to Webster of Amsterdam, whoe, I heare, is to meet him there, or at Spa. Ceullen is but three days journeys from these parts, where I suppose his rendevous will be, for his friends to consult mischeif. Amsterdam had assumed some authoritye, whereat the townes of Holland and the states general wear offended; but they, wisely to avoyd further dispute, are reducinge all that gave exception to its former state; which causes their government to lye under the censure of the worlde. Their shipps of warr are still bussie in their convoyes, and the new frigotts are worckt on dayly. So much concerning the publick; now I shall presume on your patience for my owne perticuler, and must challenge your promis, (whereof I am most confident) that you will be myndefull of mee on all occasions; which makes me take this bouldnes to give you this trouble at present. An opportune occasion offerrs itselfe, wherein I conceave you may doe me a speciall favour. I shall only move itt to your consideration, and beseech you to give mee your advise therein; for without itt I will not doe any thinge. I knowe my desyer will be effected, if his highnes the protector pleased to recommend mee to the embassadors or states of Holland. It will rather make mee more capable to serve him and the commonwealth, then any waye take me of from itt. If I thought it would, I should not move it; for my great ambision is, to serve my countrye. The lieftenant-collonell's place with a foote company in collonel Sydney's regiment here (which was the earle of Oxford's) is now voyd, and will be given by the states of Holland. The major is Sir John Seyres, of whome you had formerly notice for a malignant. There are three companyes more voyd, and hard solicited for by many of them, who formerly served Ch. Stewart. They seek to creep into the militia, to serve that family, whereof the states of Holland ought to be carefull; for they are their greatest enemies: so, if you thinke convenient, it maye be propounded to his highnes, and that he will speake or write in my behalf for the lieftenant-collonel's place, and the foote company, I doubt not but the states of Holland will give it me; for twoe of them, whoe are my friends, assured me as much. I have served some years on my owne charge, and after had an ensigne, with faire promises of advancement; but the malignant partie was always preferred. I will not venture too farr on your patience, but make you my patron, and leave it to you, beseeching your speedie answer heretoe; fore the states are suddenly to conveene, and 'tis said will dispose of the companyes, before they part. I shall ever remayne
17. July, 54. [N. S.]

Your most faithfull
and humble servant,
John Adams.

Chanut, the French embassador in Holland, to Bordeaux the French embassador in England.

Vol. xvi. p. 89.

My Lord,
For the advancement of your negotiation, I expected nothing more than what your letter informed me, which you were pleased to write me the tenth of this month. The new delay, which doth hinder the reception of Mons. de Baas at court, doth not appear to be of that consequence, that he need to be troubled at it, if the protector doth only make it his business to study pretences to delay the conclusion; for upon a complaint made by a sovereign, and of such a heinous and soul crime, there ought judges to be appointed for the offender or person standing so accused, to justify himself to the eyes of all the world; chiefly there being found, as they do pretend in England, such formal depositions against him. But you know; my lord, very well, that affairs of this nature will require much time, and especially in such an extraordinary and unheard of business; so that if the protector doth understand, or intends not to proceed in the treaty, till such time as Mons. de Baas be either legally absolved or condemned, we shall be kept for a long time altogether uncertain of his intentions. I cannot believe, that he will delay us so long; neither do I think, that we shall have so long patience.

As for Mons. de Baas, I doubt not but he is very innocent of what he stands charged; and although this rencounter be very unhappy to him, the issue can be but the more honourable for him. I had not the honour to know him; the occasion of this voyage brought me acquainted with him; but the report of this public complaint will make his name famous throughout all Europe. We are told here, that two frigats have visited the ships of this state; coming from France; and that they took out all the French passengers. These proceedings are strange: if they continue to do the like, this state will have great cause to complain themselves of it. These provinces have not yet all of them agreed, nor consulted upon the act of seclusion of the prince of Orange given by the province of Holland. Friesland in their assembly have declared it null. Zealand was only pleased to blame it, and find fault with it. We shall expect, what the rest will say to it.

Zealand, before the rest have been heard and consulted, will not engage to answer the lord protector's letter.

Koningsmark is retreated to Staden, and doth complain highly, that whilst he respected the mandate of the emperor, those of Bremen did transgress against it, and had surprised him through hostility. He expects orders from Sweden; he is sending some soldiers from Pomerania into the dukedom of Bremen. And I do hear, that upon the twelve ships equipped to convoy the queen of Sweden from Oland to Wismar; they will take an occasion to transport some Swedish troopers into Germany. It is certain; that this princess is upon the way; but yet we have no certain advice, that she is departed out of Sweden. She is expected at the Spa. You know better than we, what passeth before Arras. Mons. d'Avaugour and the earl of Brienne are departed in good health towards the new king of Sweden.

Hague, 17. July, 1654. [N. S.]

An intercepted letter of Sir Walter Vane to Sir H. Vane.

Vol. xvi. p. 102.

Hague, 17. July, 1654. [N. S.]

Sir,
This place is very desolate and very filthy; we have had a great deal of rain and cold weather, which made the country much apprehend their harvest, especially their hay; but this week's fair weather hath put them into heart again. The assembly of Holland began yesterday; and they have cashiered twenty-five men of every company, which were taken in the beginning of the war with England, and are returning again to their mesnage, as much as ever they did. The Spaniards are still before Arras; the place is of the greatest consequence that hath been taken, during the wars, from the Spaniards. Here is much discourse of the treaty between the Spaniards and the English; many believe there will be eight or ten thousand suddenly on this side. Thus the Dons make use of art and cunning, the easier to make their subjects contribute to the great tax, that is now levying amongst them. The conspiracy against the protector makes still great noise here, and we are made believe many will suffer for it. The king of Scotland is come out of France, and upon his way to Spa, where the princess royal is already arrived. The queen of Sweden hath quitted her crown, and is upon her journey into these parts. She is much the subject of every body's discourse; and though her action be glorious so much to despise the greatness of this world, yet by most it is thought ridiculous.

A letter of intelligence from Paris.

Vol. xv. p. 118.

18. July, 1654. [N. S.]

Sir,
Yours I received of the thirteenth instant, by which I see how your lord protector prevails gallantly, notwithstanding all enemies, which I pray God so continue. I could be glad Ireland and Scotland were settled and contented; for it had been much to the protector's advancement, in case any divisions or factions should hereafter appear. Here is a general report among all, that Lambert is wholly against the protector, and that your army is divided among themselves, both officers and soldiers; but I cannot believe it. Many would be glad of it, if so, and some not. The difference between the catholicks and Hugonots of Rennes in Bretagne, on Corpus-christi day, is yet troublesome in the council; but it is likely it shall be soon judged, and to the advantage of the Hugonots; that the catholicks shall be obliged to establish a church for the Hugonots at their own costs and charges, or that the king will do it, and make them pay for it.

In the mean time, the clergy of France oppose it in the parliament of Bretagne, and especially the reception of marquis de la Mousaye again to his government of Rennes. I know not yet what shall become of it. The bishop of Adge solicits earnestly for the archbishoprick of Narbonne, which he may obtain rather for moneys than otherwise. We made lately two intendants des finances, Mons. Hussay and Mons. Paget.

The council are now upon coining new lyards, which the merchants do oppose, being to their own prejudice.

Mons. chevalier de la Ferriere bought of our commander Vinguere his lieutenantship of the galleys, and afterwards parted hence post, to command under Mons. de Guise, who is as yet here.

We hear from Perpignan, that prince Conti arrived at Ville-Franche, and gathered his troops there, which do not amount to any considerable number. We do not much hope good will be done this year in those parts, and less in Piedmont, our forces being weak in both places. If they defend themselves, we shall be satisfied.

Our last letters from the frontiers of Picardy bring, that there are 3500 men within Arras; but to defend well the city, there should be at least 6000. Both our generals Turenne and la Ferté were to post their forces the fourteenth instant at Vitry and Arlus, between Arras and Doway, to hinder the convoys of victuals for Arras.

The regiment of Picardy, with some troops of horse, having attempted to enter into Arras, were all defeated by the enemies; the horse having failed, the most part of the foot yielded themselves as prisoners to the enemies. Such parties and skirmishes hindered the enemies two days from their work in the line, though strong they were, having at least 40,000 peasants working, every one having a fuzee to defend themselves, in case any foot should endeavour to pass near them; but afterwards they began, and have, as we hear, ended the work. All the country about does contribute to that siege; sure it will be taken; yet Mons. count de Broglio, governor of la Bassée, writes to Mons. Servien the contrary.

The siege of Stenay is not much advanced, no more than in my former, we having but 6000 men about it, having sent the rest to Arras. It is thought, they will not hold out a month, if Mons. Chamilli does not yield it upon some particular treaty; for the place is strong and well furnished.

The king is there very often; and the eleventh instant we gained there one counterscarp, and a demilune; on which occasion, a captain of the guards, called Vitermont, was wounded in the head, and others slain.

The court is always at Sedan, and some say, will come to Amiens; but the last letters bring, they were not disposed to stir as yet. Mons. Tellier, secretary of state, is to come to Peronne, to give orders and moneys to the armies about Arras.

The letters from Peronne of the fifteenth instant confirm, that the enemies ended the line about Arras; and that our armies were yet within two leagues of Arras; and the same day were to march towards Bapaume, to convoy a quantity of provisions sent to them from Amiens and Corbie.

The generals ordered, that the soldiers should receive their bread for six days time, by reason the convoys cannot come to them so often.

Mons. duke de Chaulnes arrived the thirteenth at the army, with a good company of horse.

King Charles lodged at Peronne the thirteenth, and came to Cambray. The general Turenne, la Ferté, duke of York, and the greatest of the army, came to meet his majesty coming to Peronne with two or three thousand horse, and convoyed him next day two leagues off.

Here arrived yesterday about thirty Irish from the siege of Arras, who came from the enemies, following of their colonel, one Theodore Flaherty, that was cashiered in Flanders, and came hither to receive money to draw his forces to this king. Many promised to follow, &c. Sir,
Your real servant.

A letter of intelligence.

Vol. xvi. p. 122.

Paris, 18. July, 1654. [N. S.]

Sir,
Since my former I have only to add, besides what you now have in my letter of occurrents, that from court, of Mons. de Baas nothing is renewed; but the king and cardinal, having the protector's letter, consult what is to be done. A complimental answer may be sent; and if the protector moves not in it, Mazarin will easily let the matter pass. The cardinal and council are so busy, that Arras may be relieved, Stenay taken, and their army increase and maintained, that they think less of their business with England; and Mazarin says, that he will do well enough with England yet, and that Mons. Bordeaux will do all. And indeed Mons. Bordeaux gives now more hopes of success to his negotiation, than when de Baas was there. This de Baas being sent away so civilly by the protector, is a great honour to his highness here; for few would do him in such cases that honour for any master's sake.

All or most here are yet of opinion, the protector is subject to many dangers yet; wherefore he is to have a care, for so much smoak cannot be without a fire. For R. C. is gone to Germany, as you had before; he received the sums of money from this court; and I can assure you, Mazarin sent within these four weeks supplies of moneys from Holland to Middleton. R. C. will raise some men in Germany, and go with them into Scotland, if his majesty shall be there visible. Wherefore, if you design to be free, put an end with all speed (if possible) to the war in Scotland. R. C. is to receive considerable succours in Germany; and I have it from such a hand you would give credit to, that he received from England, before he left Paris, one hundred thousand crowns, to relieve Scotland, with assurance, that if general Monck was defeated, and the royalists march towards England, they should not want assistance in England.

A second consideration of trouble to your protector is, the ensuing parliament; but I presume he is wise enough to prevent that with ease, having so done greater matters.

Of the peace general, I can assure you, here is no mention yet, nor at court, that I can learn; nor else at present, of news worthy from, Sir,
Yours.

A letter of intelligence.

Vol. xvi. p. 124.

Brussels, 18. July, 1654. [N. S.]

Here is nothing for you from Vienna this week. Your old correspondent, as you advised, is gone with many others to see R. C. or some of his company. A great many English, Irish, and Scots, are gone from several parts of this country to meet him betwixt this and Cambray. By next you shall hear more of him, by the return of those that went to him.

The siege of Arras holds firm, and not doubted we shall have it in a few days, because they want men, and dare not trust the townsmen. Two thousand waggons full of provision and ammunition are gone from Doway to that siege, and safely arrived; and three thousand peasants are there working, every one with his firelock ready to fight, when he cannot work. The whole county spare not themselves nor their goods, to gain that city so beneficial to them.

We have here long prayers in all churches for the success of that siege. I hear, that the marshals of Turenne and la Ferté are beyond Peronne, with an army of 13000 men, to relieve Arras. Count Chamilie defends gallantly hitherto the citadel of Stenay; and colonel Colnbrand, in like manner, the town. We doubt not but they will hold out till the latter end of this month.

It is written hither secretly, that some conventions are in the duchies of Juliers and Cleves by the protestants there; but to what end, I do not know; the court being all in the field, and none here of note. This is all you have at present from, Sir,
Yours.

Resolution of the nobles of Utrecht against the exclusion of the prince of Orange.

Vol. xvi. p. 109.

The lords, nobles, and knights, representing the second state of the country of Utrecht, after foregoing lawful calling together, have heard and examined in their assembly the resolution of the most high and mighty lords the states of Holland and West-Friesland, bearing date the fourth of March, 1654. as also all what hath been since done upon it by the states general and the states of the provinces; all which being considered by their said lordships with deliberation of council, and having conferred the same with the fundamental laws of the government of the United Provinces and confederated states, they can judge no otherwise in their opinion, but that the states of Holland have taken upon them the right of the generality, and all the provinces joined together, to whom it belongeth alone to make peace; so likewise it doth necessarily follow, that it doth only belong to them to agree upon the conditions. But the said states of Holland have grosly exceeded the sovereignty and the generality; for without the consent and communication of the confederates they have agreed to such conditions and terms, which the generality had declared not long before, that they would in no-wise condescend unto, being such as would not be accepted of, (with the protector of England) being directly contrary the first and tenth article of the union, made in the year 1579. Wherefore their lordships commissioner to the generality, in consideration of the premises, is ordered hereby to declare the young prince of Orange to succeed in the charge of captain and admiral of the United Provinces, in pursuance of the rest of the provinces, and to be employed in all such charges as were formerly enjoyed by his predecessors, when he shall be of age, or in a capacity to exercise the same.

As also their said lordships do understand, that their commissioners at the generality do declare for the recalling of the lords embassadors out of England, to the end they may answer their proceedings to the generality according to their oath, and as they are bound in duty.

Done in the assembly of the lords nobles, the eighteenth of July, 1654. [N. S.]

Intelligence sent by resident Bradshaw.

Vol. xvi. p. 291.

Vienna, the 10^th of July, 1654. S. V.

The sudden and unexpected death of his majesty the Roman king causeth great perplexity and mourning, as well at the imperial court, as by every one in particular. His majesty fell sick the twenty-fourth of June, S. V. yet continued indifferent well until the twenty-eighth of the month; but then a cachexy, falling down upon his breast, drew the humours more and more to it, until the next day about midnight, when his majesty departed this life. The several prodigies; which happened before his death, are very ominous; as imprimis, that about the time, when his majesty lay in agony, there arose a very great tempest, and presently after a terrible earthquake, insomuch that, besides the many houses, the imperial burgh itself did shake therewith. Secondly, three weeks ago, an unusual strange star appeared in the firmament here for eight days together, which was but little regarded. Thirdly, the day before his majesty fell sick, an old eagle, which had gone about in the imperial burgh for many years, flew out first upon St. Michael's church, and thence quite away, and never returned. So the bells of the chapel of the imperial court did ring three several times of themselves.

An intercepted letter of lieutenant-general Middleton, to the earl of Atholl.

In the possession of the right honourable Philip ld. Hardwicke, lord high chancellor of GreatBritain.

My Noble Lord,
My intelligence is different from yours: myne tells me of Munk and Morgan's being together, and that they speak bigly of engaging us; ther number being reported to be five thosand. However I wish wee vare together, and then I should not much value ther words and threats. Wee are now upon our march towards Riton; but am not certain, whether wee shall quarter ther or not. God send you veill to,
My noble Lord,
Your lordship's most fathfull servant,
H. Middleton.

Lawers, July 10. 1654.

The superscription,
To the right honourable the earle of Atholl.