Memoriall.
THat in regard Mr. John Albot Register of the Prerogative Office had deserted his trust, and left London, obscuring himself whilest his Clarks officiated for him, and in his name at Oxford; and that endeavours were twice used to conveigh the Books and other Writings of the proceedings in this Office to Oxford, (were prevented by the Parliaments care) Mr. Abbot sequestred for absenting himself from taxes, &c. In which time great mischiefs did arise to the Publick, by recourse daily to Oxford, thereupon; which I perceiving, did obtain this Letter from his Excellencie to Mr. Speaker.
Sir, At the request of this Gentleman Mr. Henry Parker (whose good and preferment I very much desire) I commend to you this inclosed Petition, that it may be presented to the House by your hand: I can afford him a good testimony of his faithfull and acceptable service to the State, and to my self, ever since the first forming of the Army: and his parts and abilities, I presume, are not unknown to the House. It is now therefore my request to you, that you will communicate my mediation on his behalf, and use your power, and my Name that he may obtain this Suit, or some other of the like nature, if this fail. And this is my request to the House the rather, for that (as I am truly informed) he hath not received, nor ever yet moved for any pay, or recompence from the State since his first attendance; notwithstanding his losses in Oxfordshire by the Kings Army. I am informed also, that his imployment for some moneths past hath been of little or no benefit to him, and yet he is unwilling to draw any thing from the publick stock, in these distressed times. But for further satisfaction in these or other particulars, I refer you to his own Account, and not doubting but that he will be very studious to merit such a publick acknowledgement, and incouragement, as this, if he may obtain it. I again recommend both him, and his Request to your favour, and rest,
The Petition inclosed, and presented, was this.
That the now Judge and Register of the Prerogative Court of Cant: (being Officers of great trust and consequence, who ought to attend and execute the duty of their places accordingly) have long neglected and abused the said Trust by deserting their Charge here, whereby the course of Justice is obstructed, the Rolls and Records of that Court much indangered, much recourse daily unto Oxford; besides many other inconveniences of great importance to the Parliament and State.
Your Petitioner, as well out of his humble desire to do faithfull service to the Common-wealth, as in hope of some incouragement and recompence of his former endeavours and service to this High Court; and the rather being now stript and plundred of his whole estate in Oxfordshire by the Army there.
Humbly desires that he may be invested in some imployment in one or both of the said Places, as this Honorable House shall think fit, whereby he may have some convenient support for himself and his Family, &c.
Order.
The humble Petition of Henry Parker Gent: (especially recommended by my Lord Generall) was read, and Ordered to be referred to Mr. White, Mr. Selden, Mr. Solicitor, Mr. Prideaux, and Mr. Browne, to consider what is fit for this House to do further upon it, and to report their Opinions.
Ordered, That this House do Declare, that They are sensible of the good service Mr. Parker hath done to the Common-wealth, and they will in this particular mentioned in his Petition, or in some other thing as advantagious, consider him for his good services.
By this I was incouraged to solicite the establishment of the Prerogative Court; and to that purpose I did attend the Referres, presenting some Papers to them, as motives why the businesse ought to be hastned, and a form how by Ordinance it might be passed.
About Midsummer 1644. I understood Mr. Oldsworth would appear my Competitor, and that he had prepared an Ordinance for the placing himself in Mr. Abbots roome: but the Ordinance being read, the House refused to insert his name therein, by reason that Sir Henry Vane sen. acquainted them of a former Order made in my behalf, and so onely a Memorandum was entred, that Master Oldsworth had been mentioned, as aforesaid.
Neverthelesse, this competition made me so solicitous, as to procure another recommendation to Mr. Speaker.
The substance of the Petition was for an accomplishment of the Order of Novemb: 18. 1643.
Immediately after the House committed the manner of settling the Prerogative Court to Doctor Eden and Mr. Maynard, to both whom I presented a form of my draught; but the businesse long hung in their hands, and now that Ordinance is past, and Sir Nat. Brent is setled Judge, and now I again renew my old suit, and procured from his Excellency a new revivall of his former recommendation in this manner.
SIR, About a yeer since by my Letter to you directed, I did recommend Mr. Parkers Petition to the House of Commons, and use my mediation in his behalf, That acceptance which he then found for my sake I do now with thankfulnesse acknowledge: but because his expectation remains still ingaged in the same businesse, I make it my suit with earnesse once more, That they would continue their good intentions towards him, and accomplish now that which in expressions of so much grace was formerly condiscended to. The Gentleman has been active and passive in this Cause, and though he be made obnoxious to the other side by his service to the Committee of Safety and my self, and by his ingenious endeavours otherwise, yet he hath hitherto received no satisfaction at all either as gratuitous, or as due. This makes him the more hopefull of incouragement in this particular, and this makes me the more earnest intercessour for him: and this I pray represent to the House from him who is
This Letter has not been read in the House, because Mr. Oldsworth moved in the morning before it came to the House, and the Petition accompanying it was thus:
That your Petitioner in Novemb. 1643. did exhibite a Petition to this honourable House for the Registers place in the Prerogative Court (at that time sequestred) and did obtain a very gracious Answer therein.
That the onely cause of delay then was the new setling and altring of that Court, because it was to be dis-annexed from Ecclesiasticall jurisdiction, and that would require some time, and debate; especially as the troubles and diversions, and throngs of other important businesse did then intervene.
That your Petitioner did take pains to solicite and facilitate that alteration, and for divers moneths together met with no competition, or opposition.
That when the businesse was grown neer to perfection, and the House began to hasten the speeding thereof, Mr. Abbot appeared out of his retirement, and Mr. Oldsworth by his power interposed.
His most humble prayer therefore is, that forasmuch as Mr. Abbot hath neglected his charge, to the damage of the State, and hath lien under sequestration, and onely cast in his private case amongst the various, high, important affairs of this Honourable House to avoid expedition, as may be conceived: and forasmuch as Mr. Oldsworth suit was subsequent in time to the Petitioners, and was not commenced till the favourable Order of the House had fixed the hopes of the Petitioner upon this solicitation, and dis-ingaged him from other applications: His most humble prayer is that he may be admitted into the execution and possession of the said Registers place.
This Petition for the cause aforesaid was not presented.
If it be objected, that the Petitioner did not make suit for the Registers place in Terminis. I answer. It had been presumption to limit the House, or to particularize too far, but in the opening of the Petition it was so represented to the House, and the House so understood it; and the Judges place being granted away since, the Order can now take place no otherwise; unlesse it be supposed, that I used his Excellencies recommendation; and made all this suit for some inferiour service under the Register.
If it be objected, that the Order refers to something else as advantagious. I answer. That was added in favour of me, in case this might fail by Mr. Abbots justification or otherwise; and so the words are in his Excellencies Letter. That addition was not intended to frustrate my suit, or to prolong my attendance, or to put me upon endlesse enquiries: Any thing else for the present, though lesse advantagious shall satisfie me; but there is no certainty how the Order of the House can be ever satisfied, if I am left to another discovery; for either I may not live, or not discover; or else I am still in the same predicament, and onely capable of the same answer, in infinitum.
If it be objected that Mr. Oldsworths merit is greater then mine. I answer. In suits meerly honorary, I will be no competitor with Mr. Oldsworth; but in suits of a pecuniary nature, I conceive I have this advantage: whereas he serves immediately for such a Burrough, and the old use and Law was, that Shires, Burroughs, or Cities, should maintain their own Representants; I have served the Lords and Commons immediately in a place of Eminence, and so for my ordinary attendance and Travail may pretend to a due entertainment or pay. And yet more then this, I have done extraordinary Offices also to the whole State, which have not been altogether unacceptable; and which I hope, were in part pointed in the Houses Order; I shall without immodesty say this, if Mr. Oldsworth have made himself more odious to the other side then I have done. I desire he may be more gracious to this.
If it be objected, that I have already enjoyed a place of great profit. I answer. Tis known to all that ever had businesse with me, that I never demanded (nor suffered to be by my Servants) any thing of any as a due, or as a gratuity; and 'tis known to my self what I have given away, and what I have lent, and what I have lost by Plunder and otherwise; and I wish I may fail in this suit, if I am not solicitous in it that I may be inabled thereby for that publick service, which hitherto meer indigence has hindred me from: If the gaining of a new Office could as much conduce to Mr. Oldsworths attendance in Parliament, as it may to my other studies and endeavours I would not be his concurrent.
If it be objected, that the Place is of vast advantage. I answer. For that I shall not insist upon, those words in the Order: I leave that to the Houses own interpretation, and to consider as well what is fit for them to give, as for me to receive; if this also may be a president for other Officers either to moderate fees, or to assist the publick by them, I shall rejoyce to see it: neverthelesse Master Kilvert (who is Mr. Oldsworths friend, and my enemy) will not cantonize the place (tis his own words) if Master Oldsworth may injoy it, but rather then I shall injoy it, he will be so good a Patriot, as to cut it into parts.
My suit therefore now is, that since the House did first intend me this place, or something else as advantagious, in case this proved not feasible, and did adde a clause for my benefit in their Order, not because I should be put off upon further attendance or expectation. And forasmuch as Mr. Oldsworth is not onely barred by the self denying Ordinance, of the third of April, 1645. and resolutions of the House the tenth of June, 1647. but was also a Competitor subsequent in time as is before expressed, that he made no request to the House for this place (nor acquainted them withall how far the House had condescended before, about the same in giving it to me) but proceeded directly by way of Ordinance, for possessing himself of that place: All the premises considered; That I may be made capable of that favour which the Honourable Houses Order first intended me.
My friends may also urge in my behalf:
- 1. That I never sought for any stipend from the State, nor ever received peny under that name; but did disburse some Moneys for the State, upon speciall command and order; all which is not yet paid.
- 2. That though I was once for a short time placed so, as that I might have reaped much benefit by it, if I would have exacted upon poore Souldiers; yet I was so far from that, that I would never strictly demand any thing as due, nor suffer my Clerks; but did instead of gaining, sometimes lose by some Officers that were in want.
- 3. That when I left this Kingdom, and betook my self to serve the Merchants at Hamburgh, I was driven thereunto by necessity; and because I was loft to presse upon the State for a subsistance, and not out of any want of zeal: and this I presented in, in humble Petition at my departure, though I could not procure the same to be read.
- 4. That my attendance upon this businesse of the Registers Office so many yeers, hath not onely put me to trouble and pains, but after to some charge and difficulty; I keeping a man in weekly pay in London in my absence to attend this busines, who did little by reason of the many troubles of this Kingdom. And when he was dead, sent my own servant from Hamburgh to attend the same. I humbly offer these things to those who are my Judges, and I hope without respect to persons, or pre-ingagements, will with an equall eye look upon our severall pretences.