February, 1655.

Some Gentlemen added to the Committee of Trade.

Letters of the Sweeds Successes in Poland.

An Address presented from South-Wales and Monmouth-shire to the Protector, Recognizing him, * and his Government.

An Order for continuing the Committee of the Army published.

Mr. Fell appointed Commissioner or Chancellor of the Dutchy of Lancaster; and Mr. Bartholomew Hall continued Attorney of the Dutchy.

One who Shot a Soldier that was to guard him being a Prisoner, was arraigned at the Upper * Bench, but the Jury found him guilty only of Man-Slaughter; the Foreman was disabled from being a Juror hereafter.

Soldiers in Ireland Condemned for Robberies, * the Councel there Sate about Transplanting some of the Irish.

An Order of the Lord Mayor of London, for the Punishment and suppression of Common-Beg∣gars.

Letters, That the Indians near New-England, * had burnt many Houses of the Dutch, and taken many Men, Women, and Children Prisoners; but such as they found to be English, they released: the reason thereof was, because the English had been just and kind to them.

Some little stirs in Scotland, the Justices there according to the order of the Protector and his * Councel, and after the course in England, pro∣ceeded to the Administration of Justice in Scot∣land, where it was submitted unto.

A Dunkirk Man of War taken Prize.

The Peace ratified betwixt the King of Sweden, and the Elector of Brandenburgh personally.

Order of the Sessions of Middlesex, for suppres∣sing disorderly Innes and Ale-Houses.

[7.] The Lord Commissioners Fiennes, Strick∣land and Whitelock went to the Sweedish Ambassa∣dors * House as Commissioners from the Protector to Treat with him, where they had a long debate touching Levies of Soldiers, and hiring of Ships in one anothers Dominions, which had been pro∣pounded by the Ambassador; and certain Cauti∣ons * put in by the Counsel here, as to be only in such places and Ports, as the Chief Governour of the Coun∣trey where it was to be done should approve, and not to be employed against the others Friends.

Against those Cautions the Ambassador offered Reasons, That it would then be in the power of him in whose Countrey these were to be hired or levyed, to make it wholly Fruitless, by appointing inconvenient places, as by his Master in Finland, or by the Prote∣ctor in Ireland, or the like.

To which the Commissioners answered, That the Chief Governour of the Countrey knew best the Con∣dition of it, and the State of Affairs there, which might be much endamaged, if the stranger should have the appointment of the places; and then if either had a mind to break the Treaty, It would not be difficult to find an occasion for it; And that in these cases there must be a mutual considence in the Justice and Honour of each other.

After much debate this Expedient was pro∣pounded * and not held unreasonable, That the chief Governour of the Countrey, where the Soldiers were to be levyed or Ships hired, In Case he should not think fit to consent to the place desired, he should then appoint some other convenient place for the accommoda∣tion of the party desiring it, and as near as might be to the place which he desired.

As to the not Imploying the Soldiers or Ships against the Friends of the Party in whose Coun∣try they were had, it was propounded by the Ambassador and not opposed by the Commissio∣ners, That the Soldiers might be employed defensively, as in Garrisons, but not offensively against the others Friends.

But concerning Ships, the Ambassador insisted upon a Liberty to imploy them against the others Friends, if those Friends attempted any distur∣bance of the Seas or Trade of him that hired the Ships; and both parties instanced in case of the Kings of France, or Denmark; but neither instan∣ced in case of the Hollanders, though they were most intended.

The Point was left to further Consideration, and there were other debates concerning the Form of Passports for Ships, pursuant to the Treaty made by Whitelock in Sweden, to which they refer∣red Page  621 it; and also that point of the disturbance of Navigation; after long debate such Passports they held would occasion deceipt, and hardly be so framed as to avoid it.

In discourse with the Dutch Ambassador, he was passionate even to indiscretion, blaming the neg∣lect * of sending to the King of Sweden from the Protector, and urging the Necessity of yet doing it speedily. Being asked for what End; he an∣swered, Concerning Trade, and to prevent the doing of that which would be a hinderance to it, intimating the Kings great Successes. From the discourse it might plainly be Collected, that he laboured to get an Ambassador sent from hence to Sweden, chiefly for the advantage of their Trade.

Collonel Nappier being in France, and in good repute there, sent his Brother into England to pro∣cure * leave to Transport some Irish from Ireland into the Service of France as a Recruit to his Re∣giment there. But the Protector was not willing to suffer the Irish to go into the Service of France.

[9.] The Sweedish Ambassador received new * Advices from the King his Master, concerning the great business of Uniting the Protestant Interest; and owned that he had sufficient Instructions to conclude upon the General; but that particulars could not so soon be determined, nor so well as upon the place; That it would be a difficult mat∣ter to Unite the several Protestants who have dif∣ferent Interests, and that it would prove a long business: Therefore his opinion was, That it was not a Seasonable time for a general Ʋnion of the Pro∣testant Interest. But that if the King of Sweden and the Protector made a Conjunction first, they might fall upon the Emperour and the House of Austria, which would be of great advantage to England, especially now they had War with Spain: and that some Supply of Money and Men afforded to the King upon such a design, would be of more benefit to the Protector than the sending out of great Fleets to the Indies, and to the Coast of Spain; which would return no benefit to this Nation. But it was answered, That notwithstand∣ing the vast Expences of our Fleets at this time, yet a War being begun with Spain, it must be maintained, and the War prosecuted with Vigor; the People of England being ever contented to bear the Burden of their Taxes, rather than the Injuries, and Insolencies of their Enemies.

The Opinion of the Swedish Ambassador was plainly to be collected, not to admit the Dutch to be Joyned in a Treaty with us; affirming, That if we would have the Dutch to be equal with us in point of Trade, he thought it the way to over∣throw the Trade of England; The Dutch being able to Sell at under rates, trading with less charge both for Ships, Men and Victuals, than the English could; with this, That the King his Master did not look upon the Duke of Briganza or the King of Portugal, but upon the Salt that came from thence; nor upon the King, or Parliament, or Protector of England, but upon the Cloth and Na∣tion; acknowledging a due Civility to whomsoe∣ver they found Chief in the Government. That it was the same reason for the Dutch to follow their Trade in the Baltick Sea, as they might, whether the Commodities thereof were in the hands of King Cassimere or of his Master. It was objected, That if they were all in one Hand and Power, unreasonable Gabels might be required, He answered, That when that was, they might com∣plain; but he believed, it would not be at all.

[13.] Fiennes, Scrickland and Whitelock pro∣ceeded in the Treaty with the Sweeds Ambassador at his House; they had long debates touching Contrebanda Goods, in which list was inserted by the Councel, Corn, Hemp, Pitch, Tar, Money and other things. The Ambassador said, That if they would likewise add Copper, and Iron, it would take in all the Commodities of his Masters Dominions, and he might insist upon Cloath to be added, which was as necessary for Soldiers, as Corn and Money.

They answered, That the particulars added were most usefull for War, especially for our present Enemy the Spaniard, and it was our Interest to debar him thereof.

The Ambassador said, that in the Enumeration of Contrebanda Goods, the present Condition of Affairs was not to be looked upon but how they were when the Treaty was made with Whitelock in Sweden, by which the Enumeration was to be made within 4 Months then following; And that as Hemp, and Pitch were necessary for Ships of War, so they were also for Merchandise, which was not intended to be barred.

Whitelock then gave them an account of the * Treaty made with him, and how that agreed the Enumeration to be; and what debates were in Sweden with him about it, but referred by him to an after Enumeration.

It was alleadged also, That Contrebanda Goods were such as were ready for present use of War; Not such as were Materials for Preparation; and they urged, that they had made the like Enumera∣tions in other Treaties, and a saving of Corn to be no Contrebanda Goods, else it had been includ∣ed; and they said, that there was no certainty what Goods were or were not Contrebanda, but as was agreed by Stipulation.

This was referred to a further Consideration, and a more full Answer to be given to it.

They had likewise debate touching the Form of a Passport in pursuance of Whitelock's Treaty, at which the Commissioners did stick, and offered their Objections as formerly they had done, but could not come near to an Agreement. At length the Ambassador propounded, That a free Ship should make Free goods, and Free goods a free Ship, which was not held unreasonable.

At their parting the Ambassador also propound∣ed to take into Consideration at their next meet∣ing, the giving of satisfaction for the Losses sus∣stained by either part, in the late Wars between England and Holland; with the rest of the parti∣culars in Whitelock's Treaty referred to a future Consideration and Treaty; whereof Whitelock gave them an Account.

[20.] The Swedish Ambassador kept a Solem∣nity * this Evening, for the Birth of the young Prince of Sweden.

All the Glass of the Windows of his House which were very large being new built, were taken off, and instead thereof painted Papers were sitted to the places with the Arms of Sweden in it, and in∣scriptions in great Letters testifying the rejoycing for the Birth of the young Prince; in the inside of the Papers in the Rooms were set close to them a very great number of Lighted Candles, glit∣tering through the Papers, the Arms and Colours, and writings were plainly to be discerned, and shewed glorious in the Street; the like was in the Stair-Case, which had the Form of a Tower.

In the Balconies on each side of the House were Trumpets, which Sounded often 7 or 8 of them together. The Company at Supper were the Dutch Ambassador, the Portugal and Brandenburgh Residents, Coyett Resident for Sweden, the Earls of Bedford and Devon, the Lords St. John, Ossery, Bruce, Ogleby, and 2 or 3 other young Lords, The Count of Holac a German, the Lord George Fleet-wood, Page  622 and a great many Knights and Gentlemen, besides the Ambassadors Company.

[25.] The Swedish Ambassador went to visit Whitelock and told him, That now the Business of sending an Ambassador from hence to Sweden * was over, and there was at present no occasion for it; for this, their reasons he alledged were, a Peace concluded betwixt the King of Sweden and the Elector of Brandenburgh; And the proceeding of the Treaty here. Intimating, that he was suf∣ficiently Impowered to conclude what was at pre∣sent requisite between his Master and the Prote∣ctor; and that there was no likelyhood but there would be also a good understanding between the King of Sweden and the Ʋnited Provinces.

[28.] Some of the Swedish Ambassadors Gen∣tlemen had a little Quarrel with two Fidlers in a * Tavern, and beat them for calling the Gentlemen Swedish Dogs, and other foul Language, and ill carriage of the Fidlers who were drunk; yet Al∣derman Tichburn bound over the Gentlemen to the Sessions, being apprehended by a Constable; and the Fidlers in actions of Battery against one of the Gentlemen, had a Verdict for Forty pounds Da∣mages. The Ambassador was highly exasperated at this afront, and as he called it, breach of the Pri∣viledge of an Ambassador, and complained of it; upon which his Servants had no further Trouble; which gave full Contentment to the Ambassador.

[29.] Fiennes, Strickland and Whitelock went to the Swedes Ambassadors House, where they pro∣ceeded * in the Treaty, and had much debate upon the Article of Restitution, which the Ambassador pressed as pursuant to Whitelock's Treaty, and in∣stanced in several Cases wherein his Masters Sub∣jects had received great Injury and Damage by the Capers of England in time of the War betwixt them and the Ʋnited Provinces.

Whitelock acquainted them with his proceedings upon this point in Sweden, that it was there de∣manded to have Restitution made to the Swedes; which he denied upon these grounds.

1. Because such an Article would seem to admit a wrong done to the Swedes by the English, and that Justice could not be had for the same.

2. Because such Injuries were relievable in the Or∣dinary Course of Justice in England, as in the Admi∣ralty Court, and upon Appeals.

3. Because no Restitution could be expected, untill the damage and wrong were first made to appear, which could not then and there be done, and was not to be admitted without proof.

At length this Epedient was agreed on there, That Restitution should be made to either part for dam∣mage Sustained; and, as it is in the Article.

After long debate, and many Complaints now made by the Ambassador, wherein the Admiralty * Court here was much reflected upon, and the de∣laies and Injustice of that Court by him opened, and not spared: it came to this Close.

The Ambassador was desired by the Commissio∣ners, that his Secretary might prepare Abstracts of such particular Cases as he thought fit to insist up∣on to be presented to his Highness and the Coun∣cel; who would thereupon cause an Examination to be made of the particulars, and would give Or∣der that right should be done as the Cases should require.

It was now also agreed, That at the next meet∣ing they should proceed to a perusal of all the rest of the Matters remaining to be Treated on, that af∣ter a view of the whole they might come to parti∣cular Resolutions, and Agreements.