A REMONSTRANCE, Manifesting the lamentable Miseries of the Creditors and Servants of the late KING, QUEEN, & PRINCE. WHO With great sums purchased their places during their lives, and receiving no benefit therof, since 1639. did for a long time expect an Agreement between the King and Parliament. But the event proving otherwise, they by that occasion losing their places, and therewith the only means of their subsistence; therefore the late Parliament in consideration thereof, by an Act June 1649. ordained, That they should be satisfied of all their just debts due before these Wars, out of the goods and personal Estate of the late King, Queen, and Prince: Of which also they were exceedingly frustrated, for 28000 l. in ready money, and about 40000 l. worth of the said goods were taken from their use, and many of the said goods are still in the use of particular men, whilst many of the said Creditors and Servants beg, and starve forwant of Bread. Yet the survivors, with the widows and orphans of the rest deceased, have just cause to hope, that his Excellency the Lord Gen. cronwell, mayor Gen. Harrison, and others, who were instrumental in procuring the said Act, will likewise in all reason, equity, and compassion see it fulfilled; seeing God hath given them power, authority, and opportunity to do many such just, and needful acts, for preventing the ruin of hundreds of poor families, which otherwise would speedily follow. London, Printed in the Year, 1653. The Preface. COnsidering the great, grievous, and manifold sufferings of the Creditors and Servants, with the widows and Orphans of others deceased, heretofore of the late King, Queen, and Prince, which have been occasioned by the great injustice, tedious delays, and unexpected obstructions which they have found in the way of prosecution for those debts and wages, almost these four years space, they expecting( upon good grounds both in regard of their own right, and the late Parliaments Acts in order to their satisfaction) to have received payment of those debts long before this time, out of the product from sale of the late King, Queen, and Princes goods, and personal estate, at least so far as the proceed thereof would extend, as more at large by the Act of Parliament of the 26 June 1649. in that behalf is appointed. Next, considering the great pains, charges, troubles, attendance, and losses both of time and other urgent affairs, unto which the Trustees appointed by the said Act, for sale of the foresaid goods and personal estate, have not only been necessitated, but likewise exposed to the disobligation, hazards, vexations, and reproaches of those Creditors and Servants, and otherwise, which by reason and occasion of their dissatisfaction, although by the said Trustees not in the least deserved, it not being in their power to give either better or speedier satisfaction to the said Creditors and Servants then they have done from time to time; And instead of the said Trustees reaping any such advantage by their places, as by some ignorant people hath been maliciously reported, it hath proved a great loss unto such of them as have great employments otherwise, their allowance not exceeding 7 d. in the pound to be equally divided amongst them, being ten in number, and out of which they are to defray all incident charges whatsoever of their Officers and assistants. Which hath proved very great unto them, not only in going a Committee of three or more of them upon all needful occasions to Tudbury, Ludlow, the Isle of Wight, Holmby, Theobalds, Windsor, and several other places, they being by the said Act of Parliament thereunto enjoined, but likewise in removing and transporting of goods at their own charges; and besides, in regard of the aforesaid delays, the said Trustees have been forced to attend upon this employment about the space of four years, which otherwise possibly might have been finished in two years, if the said Act of Parliament had not been so powerfully contradicted: So that all incident charges being deducted, unto which they have been thus necessary occasioned, the aforesaid allowance will not amount to 80 li. per. annum for each of them, even for the time past, they not knowing how much time, charge, attendance, hindrance, loss, or other prejudice or trouble the time to come may produce. And also considering the divided estate and condition wherein the aforesaid Creditors and Servants now stand, they being( for the most part) only sensible that they are great sufferers, and that their present condition, is so lamentable, that through not being satisfied of the said debts, whereof they ought to have been timely relieved, many of them have been starved, even for want of bread, and others of them not able any longer to subsist without the mere charity of some compassionate friends and neighbours, and yet none of them able to propound nor find out an effectual expedient for their present relief, the rather in that they are for the most part ignorant, of the grounds and reasons of such their sad & deplorable afflictions, saving only that they did not proceed of any misdemeanours in themselves. Therefore, I have here in this short Treatise, out of a tender respect to those my distressed Countrymen, take occasion to represent their grievous necessities, and pinching extremities, to the view of all those who are in authority, and in all conscience, equity, and reason, bound so to sympathise their condition, as with all possible speed to fulfil and make complete what the late Parliament did delay, withdraw and neglect: and in order thereunto, I make some use of mine own experience, which I have had concerning the grounds and reasons of those distressed peoples grievous sufferings. With which for their more speedy help( I suppose) then otherwise, I do here make them acquainted, that they unanimously, peaceably, and discreetly, using the easy means and ways unto which they are here advised, may with Gods assistance reap a fruitful success upon those their mutual labours; and for my part, if for this my tender zeal and care for their good, I be either deficient or superabundant upon several and respective occasions in this discourse, I hope that their own judgments & reason, with theirs also, who carefully red what here I writ, will moderate such usual extremes in most men; and in token of my fervent wishes to their good success in this so long obstructed business,( I hope) that my earnest prayers to God shall not be wanting in their behalf, to effect and crown these my weak endeavours, in order to procure them some speedy relief, and thereby to prevent the starving of some, and ruin of many, which otherwise( in all human sense) will undoubtedly follow. A Remonstrance, manifesting the lamentable miseries of the Creditors and Servants of the late King, Queen and Prince, who with great sums purchased their places during their lives, and receiving no benefit thereof since 1639, did for, a long time expect an agreement between the King and Parliament, &c. THe Act of Parliament of the 26 of June 1649. doth ordain and declare, That the Goods, and Personal Estate of the late King, Queen, and Prince, shall be exposed to sale, and that the money Arising thereby shall be employed and Disposed of, towards the Satisfaction of the debts due from the late King, Queen and Prince, before the late Wars, unto their Servants and Creditors. It is also thereby Enacted, That the council of State shall within 14 dayes after the Return to them of any Duplicate of the said goods from the Trustees in the said Act name, make choice of such particulars of the said goods, as they shall think fit to be reserved for uses of State, not exceeding the value of 10000 li and with all convenient speed to report, or certify the same to the Parliament, to the end they may receive their approbation or disapprobation thereupon. And it is thereby farther Enacted, That 30000 li. out of the first money to be raised by sale of the said goods, shall be lent to Treasurers of the Navy, and to be reimbursed and restored by the said Treasurers, by the first day of May 1650. unto the Treasurers for sale of the said goods, for the uses in the said Act appointed. And in obedience to the said Act of Parliament, the Treasurers for sale of the said goods did lend unto the said Treasurers of the Navy, the sum of 26500 li. out of the first money raised by sail of the said goods, which is not yet repaid or restored either in whole, or in part, the said Act of Parliament notwithstanding; so that by the said Act of Parliament it being ordained, That the goods and personal Estate of the late King Queen and Prince, shall be sold towards the payment of their debts due before the War, and to persons that are not Delinquents, so far as the product will extend; therefore the said Creditors and Servants were encouraged to make Application unto the Trustees name in the same Act, for to receive and state their Accounts in order to a satisfaction, as by the said Act of Parliament more at large, is directed and appointed. And the said Trustees certified to the Parliament for their approbation and allowance a List of about 120 of such of the said Creditors, Servants, Widdows and Orphans, as they conceived had most need, and at that time had brought in their Accounts, and by order of Parliament of the 14th of March 1649. not only made payment to them of 12800 l. but also made a second List, containing about 970 of other of the said Creditors & Servants, and presented the same to the Parliament about the 3. of Jan. 1650. at which time the council of State had by virtue of divers Orders, directed to the Trustees and Contractors for sale of the said goods, reserved and furnished all places then in public use, with about 16000 l. worth of the said goods, yet nevertheless the goods at that time undisposed of, were more than sufficient to have satisfied the said second List, by above 29000 l. and did then believe that according to the Act of Parliament in that behalf made, the 26500 l. lent the Navy would have been repaid. But the said Trustees did( day after day) attend the Parliament from the beginning of Jan. to the beginning of August following, before the said second list was allowed; in the which interim of time the Additional Act was passed, which doth declare, That the words Goods and personal Estate, mentioned in an Act for sale of the Goods and personal Estate of the late King, Queen and Prince, shall be deemed, and taken to extend only unto all jewels, plate, furs, hangings, statues, medals, pictures, wardrobestuff, and all other householdstuff and utensils whatsoever, and to all Libraries, the Library of James-house , with all medals, Rings, Globes, and Mathematical Instruments in the said Library only Excepted; by which limitation and restriction there is in all probability taken from the use of the said Servants and Creditors, above 100000 l. which those words, Goods and Personal Estate for the first Act comprised would have comprehended: And doth also contrary to the said first Act, reserve 10000 l. worth of the said goods, more than is thereby appointed, and the Library of James's, which contains the Library of Whitehall and Richmond, in all worth about 6000 l. and doth discharge the 26500 l. lent as before for the uses of the Navy, and giveth no security for any of the aforesaid sums, otherwise then for the sum of 25918 l. 1 s. 4 d. out of any concealed Real or Personal estate, not in charge in the Exchequer, nor formerly granted by Authority of Parliament, and the said additional Act is much wanting in prescribing a certain Rule how to proceed in such discoveries. This Act being passed, the said List was allowed, and an Order sent therewith, containing directions for the Payment thereof as followeth. Exchequer Chamber, Wednesday 13 Aug. 1651. At the Committee for the Creditors and Servants of the late King, Queen and Prince. By virtue of an Order of Parliament dated the 22 day of July 1651. It is ordered by this Committee that it be referred to the Contractors and Trustees appointed by act of Parliament for sale of the late King, Queen and Princes goods to make payment of several sums mentioned and comprised in a List of the said Debtors, and Debts, reported to, and allowed by the Parliament, and the said Trustees & Contractors are hereby directed to make payment of the said several sums respectively, either in ready money or by goods, according to the apprisement of the said goods, not allowing the same, or any part thereof, for a lower and a lesserrate than they are apprized at. William Stephens, James Challanor, Richard Lucy, Lu. Hodges Tho. Jervase, Gregory Clements. At which time the council of State sent their Order to the Trustees and Contractors for sale of the said goods, to require them not to expose to sale any of the said goods undisposed of, until they had made their choice out of the same, according unto the Acts of Parliament in that behalf made, and referred the care thereof unto a Committee, who made choice out of the said goods of the most vendible thereof, to about 49000 l. as by the particular paper which was by two of that Committee brought unto the said Trustees, containing the particulars of such their Choice, but refused to set their hands thereunto,( according to the first Act) to whom the said Trustees declared, That there was not goods left to satisfy the said second List, more than what they had reserved, by at least 10000 l. to which they replied, that they hoped the council would forthwith discharge a great part of the said goods. By all which premises it appeareth, that the said additional Act in stead of contributing an enlargement to the relief of the said Creditors and Servants, as by them and others was expected, who at that time had waited in order thereto above two years; But contrary thereunto it tended to the ruin of many of them, in that it did cut off the best hopes of Relief for the 970 persons contained in the said second List, and left nothing to satisfy above 400 persons more not yet inserted in any List, but what may be produced by way of discovery. Amongst whom, with the rest of the said Creditors, there is yet due about 90000 l. most of the persons contained in the said second List being allowed but the one half of their said debts. And notwithstanding there is taken away by the limitation of the first Act as aforesaid, above 100000 l. yet also there is taken away in ready money for the use of the Navy, 26500 l. Reserved in goods, more than by the first Act is appointed, about 39000 l. And paid to colonel Downs, by Order of Parliament in ready money, 1500 l. All which do amount unto the sum of 67000 l. And yet nevertheless there are divers goods which are not reserved, but sold to the Creditors, which as yet they cannot receive, as the Statues in Whitehall garden, hangings, &c. in use at the Parliament house, for the Entertainment of ambassadors; all which have also occasiond the delay of the said servants, &c. And therfore the Trustees could not make them better satisfaction otherwise than with what was left to do it withall, the money being first taken away, and afterwards the best of the goods: The said Creditors then seeing their great hopes like to produce so little effect, and distractions growing on by the Scotch Kings coming into England, did desire, that the remaining goods left, might be distributed amongst them, and accordingly the Contractors, with the assistance of several of the said Creditors, did to the best of their skill equally divide all the said goods into Dividends, which were drawn by lot, & so made payment of the said List in goods to about 73000 l. and to above 400 of men, widows and orphans, who were not able to accept of goods, in ready money to the sum of 7500 l. which in effect, with what hath been taken & paid as aforesaid, is the total of all the goods as have come to the Cognizance of the said Trustees, and there is still unpaid of the said second List, about 10000 l. So that if the said Act of Parliament of the 29 of June 1649. proceeding from the Supreme Authority of the Nation, who put the late King to death for breach of laws, Covenants and Trust, was not a perfect security to the said Creditors and Servants, for payment of their said debts out of the product of the said goods, and personal Estates of the late King, Queen, and Prince, and a just ground of encouragement for them to rely thereupon, then what better hopes could any people of this Nation have had towards the enjoyment of any Privileges or Estates belonging to them, by Authority of any Acts of Parliament, had they continued, and their Session not been turned into a Cessation( the said Act passing away the said Goods and Personal Estate from the Commonwealth) and doth invest the property thereof in trustees for the use of the said Creditors; and yet nevertheless by a Collateral Act, and Orders, so to dispose therof, as that almost nothing therof, as yet, hath come to the said Creditors and Servants, in Comparison of that which justly would by them have been received had the said first act of Parliament continued in full force and power? By all which most of the said Creditors are much worse than before, some of them having, during their attendance starved for want of bread, others of them are no longer able to subsist, they as yet having received no relief, and the rest generally not much bettered, in that what they have so received doth produce so little, their debts being great, and themselves much indebted, and therefore necessitated to sell at any rate; and made much more poor by reason of so tedious an attendance, and now their Creditors are more cruel than before. After all which, many of the said Creditors being willing to attempt all lawful means for the recovery of their said debts, did in pursuance of the said additional Act of Parliament, inquire, and have found out, that there are great quantities of linen, and other rich things, appertaining to the late Queen, of which as yet no account hath been given, some few of her chapel Vestments having been already discovered. Others for great quantities of the late Kings plate, have not as yet accounted for concealment thereof according to the said additional Act. Another for a rich Jewel of the Lady Elizabeth's deceased; worth about 1500 l. the Trustees proceedings therein being almost 2 year since stopped by Order of the House till farther Order. Q. When will that be? Another for goods at Vaux-hall, worth about 200 li. and one who desired to have an interest therein, upon making a grievous complaint, obtained an Order of Parliament, requiring the Trustees to carry the said goods back from Somerset house unto Vaux-hall, without rendering any reason for the same, the House of Vaux-hall being then upon sale, and since sold; but the like Orders would not serve to purchase the said house at an under rate, till it was turned into an Act; I know no reason but the like in due time may be for the said goods, and in the mean time, I hope they will be safe kept from imbezlement for the poor Creditors, whose goods indeed they are, though at present many of them want bread. Another for the sum of 2800 li. due from the Earl of Strafford deceased, as the like sum of money by him received in Ireland for the late Kings use in anno. 1639. or thereabouts, and was to be returned into England, and is not in charge in the Exchequer, for the which sum a near Kinsman of his is engaged by a dead under his hand and seal to see the same satisfied out of the said Earls Estate in Ireland, the King pardoning the said Earls Estate forfeited for Treason, which was accordingly done, and the person so engaged hath Received of the said Earls Estate in money, plate, hangings, and other goods, to many thousands of pounds, and yet that debt is unsatisfied. Another for the Georges and Garters due from the Knights of the Garter, as received upon their instalment from the King, who by their Oaths taken upon their instalment, as also by the Satutes and constitution of the said Order, are bound to take care that at their death their Executors do return the Robes to the College and the jewels to the King the donor. There are divers other great sums of money appearing due to the late King before the War from several Receivers and Treasurers, for the Composition Provision due from the Country, for great sums of Money raised for the erecting a new Corporation about London, some thousand of pounds being in particular hands, and unaccounted for to the late King; as also great sums due as aforesaid, which was to be for a stock for the said Corporation, not yet accounted for; & for great sums of money in particular hands raised as the Tax of Shipmoney, all which things in themselves being illegal and grievous to the People, and were therefore made Null, yet nevertheless the said Receivers and Treasurers ought to account and satisfy for the same, there being no reason why they should have employed it to their own use all this time, much less any longer to detain it, especially when so many hundreds of people are ready to starve through want of their just debts, due as aforesaid. These and divers others have been made known by the said Creditors unto the Trustees aforesaid, and some proceedings have been made therein, but most of them falling either upon Parl. men, or their friends, and relations, who day after day came sometimes 2.3. or more together to the Trustees, and pleaded for their friends, as council that had taken a Fee, but when they saw that would not prevail, they banded their forces together, and obtained a Committee to be erected by Order of Parliament, called the Committee to examine abuses of Officers, &c with power to stay proceedings, many of themselves being in effect parties and Iudges, and therefore some of them like a powerful Sea carried all before them, upon all occasions, pleading against the interest of the said Creditors, more than the Plaintiffs council, often silencing the council for the Creditors, and not permitting the Trustees to speak indeed as if a judge had but one ear: whereupon a learned council well observing, said, unless the Creditors could interest themselves in the mayor part of the Committee, it was impossible to carry any business there. So that at last the said Creditors were taken off from any hopes of relief, until God was pleased to give this present opportunity, which if wisely followed, through Gods assistance, may give a happy and speedy relief. I therefore propound as an expedient, that the said Creditors do unanimously join together, peaceably to present to the Authority whom God hath set over us, their sad and grievous sufferings, with the occasion thereof, and pray by way of Petition, 1. That all the goods belonging to the late King, Queen, Prince, and Children yet unsold, may by the Trustees and Contractors for that purpose appointed, be forthwith exposed to sale, except the 10000 li. of the said goods to be reserved by virtue of the said first Act for uses of State, and that such their reserve, may be speedily effected, and that the goods in Whitehall Garden and elsewhere, which are sold to several of the Creditors, be forthwith delivered to them that bought the same, 2. That the said second List being satisfied the money in Arrear thereupon, the Trustees may be impowred to make a proportionable satisfaction to the Creditors and Servants, qualified according to the said Act of Parliament in that behalf made, out of the remainder of the said goods, who as yet have receivd no part of their debts, in such manner and such proportion as in their wisdoms may seem meet for the present relief of the said Creditors, &c. 3. That in lieu of the 26500 li. lent for the use of the Navy, out of the product of the said goods, that the Power of the said Trustees may be enlarged to supply, wherein the said additional Act is wanting, for the better prosecuting of the said discoveries slice and manner, as in their wisdom shall be most agreeable to luin such Reason. And that they may have a like Cognisance, as by the said Act is appointed, to such a sum as may make the said 28000 pound taken away from the said Creditors in ready money, with the goods which shall be discharged, sufficient to pay the debt due to the said Servants and Creditors. This I hope may be the rather granted, in that no private person can by Law as an Executor or Administrator, dispose of the goods and personal estate of the deceased, until his debts are first satisfied. By all which it sufficiently appeareth, that the delay and want of satisfaction hath been occasioned by them, who contrary to the Act of Parliament of June 1649. have taken from the use of the said Creditors and Servants 2800 l. in ready money, and about 40000 l worth of the best of the goods, and afterwards gave order to the Trustees and Contractors, to cause satisfaction to be made of the sums contained in the payed List; indeed an Egyptian task, instead of bread to give the hungry a ston. For by the first Act of Parliament to promise the people fair, and give a seeming power to the said said Trustees, but afterwards by delays and other pretences, to take away all the effects which should satisfy the said Creditors, whereby many of the said Creditor, who have thereupon continually clamored against the said Trustees, as if they had had wherewith to satisfy them withall, and would not; As also it appeareth, that the prosecution of discoveries hath occasioned many reproaches, scandals, clamours, disobligations, and vexations upon the said Trustees, Divers men then in authority being accountable, and not obtaining their desires from the said Trustees in such cases, did therefore, as is before expressed, take occasion upon the unreasonable clamours of many of the said Creditors & Servants, to obtain the Erecting of the said Committee merely to save themselves; for who can expect Iustice, where the offendor is judge? Indeed, upon the whole matter, the said Trustees have had the worst employment that ever honest men had, that Acted by Authority of Parl. it being altogether impossible, that having to do between men in Authority, who had not only power, but occasion themselves to the use or the goods, and the produce of that which should relieve so many hundreds of necessitous people, but that there must necessary follow many disobligations, hazards, vexations, reproaches, and clamours without end, all which their innocency maketh them willing to bear. Yet nevertheless the said Trustees, Contractors and Treasurers, are now ready, for the vindication of their innocency against all aspersions whatsoever, to give a just and perfect account of every pennyworth of the goods, and many which by virtue of the said Acts of Parliament have come to their hands, to have been duly and truly disposed of according to the said Acts of Parliament, and shall leave the vindication of their proceedings to those whosoever shall receive the same. And as to a Complaint made by several of the said Creditors and Servants, touching an advance of 10 l. in the hundred for the goods which they did receive, and that the goods so received did produce so little; To that I answer, That the whole matter was upon occasion of their complaint examined by the aforesaid Committee for Complaints, and by them dismissed by an order of Vindication, it appearing to them that the persons who did so advance, had goods for the same, as well as their debts, and that the said advance was the voluntary Act and desires of many hundreds of the said Creditors, as may appear by a paper subscribed under their hands, and that the money so raised, was not any part thereof disposed to the use of the said Trustees, but that above 2000 l. in money, more than what was so raised by advance, and paid to the Treasurers, was by them issued forth to above 400 poor men, widdows and orphans, towards the satisfaction of their debts; and that the said goods did produce so little as 7 or 8 sh. in the pound: the reason whereof I refer to indifferent men, to consider the Cause why the most valiant and deserving Souldiers arrears, purchased with so much blood, and being altogether as just a debt, and the Commonwealth( if possible) more obliged for the true payment thereof; and the rather, in that the members thereof now peaceably enjoy their lives, liberties, and estates, as the fruit of their blood: yet nevertheless many thousands of the said souldiers, not being any longer able to subsist, have sold their arrears for 6.5.4.3.2. and sometimes for one 1 skill. in the pound. And many of the said Creditors( who do most complain against the said Trustees) well know, how their affections and endeavours have been contrary to the interest of this Commonwealth, as may be particularly made appear if occasion shall offer, and that the late King payed to them after the rate of 1200 l. for divers parcels of the said goods, which are now apprized only at 400 or 500 l, and were scarce at all used in his service. These and many other things, both towards the disposition of divers of the said Creditors and Servants, and also concerning the nature of their said Debts, might be here inserted, both for further manifesting of the Trustees sufferings, and vindicating of their persons and actions from all aspersions either in print or otherwise, but I hope these at present may suffice, yet as further occasion shall offer itself, I shall enlarge. In the mean time, I desire the Charitable Reader patiently to consider what I have written, and to satisfy himself that the Cause thereof was not to reproach any mans person: all which I have here avoided as much as possibly I could, but to show the particular reasons, as at first I undertook, how it came to pass that the said Creditors and Servants of the late King, Queen, and Prince have been subjected to so great miseries, and the rather, in that I well know it is impossible that they, much less any indifferent persons, should imagine that the supreme men in authority of this Nation, should so contradict their own act, word, or action, even to the ruin of so many hundreds of poor men widdows and orphans, whose whole means of livelihood dependeth thereon. And considering that their demeanour, under such grievous afflictions, is somewhat the more clamorous, in that such speedy changes do immediately succeed such prosperous times of enjoying their places, and because oppression,( which driveth them into these necessities and extremities) is enough to make wise men mad; and that calamities are far easier to see in others, than to feel, bear, or suffer ourselves, yet I could wish that they would add a little more patience to their further diligence, and lay all the blame at the doors of those that deserve it, and learn so much discretion, as to discern friends from enemies, and above all, to join all their endeavours, unanimously, peaceably, and lovingly to promote this great work, which so much tendeth to the supplement of all their outward necessities; seeing God of his undeserved mercy hath now once more offered unto them such a precious occasion, and excellent opportunity, in order to the satisfaction of all their just desires, which( I suppose) if it should be neglected, can neither easily nor speedily be recovered. FINIS.