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The following relates to another of the risers, Mr. Richard Arscott (of Sampford Courtenay, according to Desborough's list). State Papers, Domestic. Charles II. Vol. ii., No. 13:

"These are to certify all whom it may concerne that the bearer hereof Richard Arscott Gent. served under the late Lord Hopton during all the late warre untill the laying doune of Armes at Truro in Cornwall, and hath been in severall fights viz: at Braddock, Launceston and Stratton, in all the seige of Exon untill it was reduced to his Matie's obedience, at Cherriton Doune, and both Newberry Battells, in which services he received severall wounds to the hazard of his life and since Duke Hamilton's comeinge into England with an Army hath beene employed as an Agent by the Gentry of Devon and Cornwall (his Matie's Loyall subjects) And that in Penruddock's business he appeared with Men, Horse and Armes raised at his owne charge. And also in Sir George Booths raising Armes, he bought 300 case of Pistolls for the Gentry of Devon to be employed in his Matie's service, which Armes he brought out of Exon with the hazard of his life. He was likewise sequestered of all his estate both reall and personall, and at severall times suffered three yeares Imprisonmnt, and in Penrddock's business, was committed to the Common Goale by John Coppleston, then High Sheriff of the County of Devon, and tryed for his life by a Court Marshall.

That for his loyall and good affection, in prosecution of his Matie's severall services, he mortgaged to one Burgoyne 12 small Tenem". of his owne Inheritance for £400, which still lyes forfeited, and for the better carrying on of the said services he hath been enforced to borrow severall summes of Money amounting to £180 more, which yet remains unpaid

August the 21st 1660

J. GRENVILE
HAWLEY

THO. STUCKEY

HUGH POLLARDE"

The next is a petition of Marcellus Rivers and others :-1
On the 24th March, 1659, as the Grand Committee of the

On a motion that Major General Boteler be declared incapable of employment in any office, either civil or military in this Commonwealth Colonel White [Wells], 'He is now said to have offended in a military capacity, but the military capacity has committed a rape upon the civil.'

Mr. Secretary Thurloe [Cambridge University], 'I think him a man of worth. The sentence too severe. The highest punishment next to life and he unheard. He had but secured the property of one engaged for Charles Stuart, who had since fled to him.'

Mr. Charlton [Ludlow], 'If this is not the highest offence what can be? Nor is this the highest punishment on this side death. Sending one to Jamaica or Barbadoes is much worse.'" April 12th, 1659, 4 Burton's Diary, 407-8.

Parliament, that of Grievances and Courts of Justice, sat at Westminster, towards night a petition was preferred on behalf of " one Rivers, and one Foyle, and 70 persons sold into slavery in the Barbadoes by the Major Generals."

The petition concerned several members, viz., Captain Hatsell (Plympton), Sir John Coplestone (Barnstaple), and Mr. Noell (Liskeard); therefore the committee thought fit to proceed no farther in it, but report it to the House. At the same time the petition of another exile, Rowland Thomas,' was also presented, and a similar order made upon it.

On the following day, Colonel Terrill reported from the Grand Committee:

"The petition of one Marcellus Rivers and Oxenbridge Foyle as well as on the behalf of themselves as of three score and ten more freeborn people of this nation now in slavery in the Barbadoes; setting forth most unchristian and barbarous usage of them.

To the Honourable the Knights, Citizens, and Burgesses, assembled in Parliament, the representatives of the freeborn people of England.

The hmble petition of Marcellus Rivers and Oxenbridge Foyle, as well on the behalf of themselves as of three score and ten more freeborn people of this nation now in slavery,

Humbly sheweth

That your distressed petitioners and the others, became prisoners at Exeter and Ilchester in the West upon pretence of Salisbury rising, in the end of the year 1654, although many of them never saw Salisbury, nor bore arms in their lives. Your petitioners, and divers of the others, were picked up as they travelled upon their lawful occasions.

Afterwards upon an indictment preferred against your petitioner Rivers, ignoramus was found; your petitioner Foyle never being indicted; and all the rest were either quitted by the jury of life and death, or never so much as tried or

14 Burton's Diary, p. 253–257. His price was £100, and that might have redeemed him. He was barbarously used, and made his escape. He dares not appear abroad lest he be re-delivered to captivity.

Barkstead (Governor of the Tower,) writes to Thurloe on the subject. (Th. St. P., vol. vii., p. 639) :—

"Tower March 25th, 1659.

In obedience to your commands I have here inclosed sent you the copies of the warrant of commitment, and the other for the delivery to Mr. Noell, for transportation, neither of which being under your hand. Colonel Gardiner, Rowland, Thomas, Somerset Fox, Francis Fox, Thomas Saunders, were delivered on board the ship Edward and John of London the last of May, 1655 Colonel Gray and Mr. Jackson being then sicke, were not sent, and afterwards were released by his late Highnesses's warrants."

"Mr. Secretary is by this time in tribulation, and said 'I thought I should never have lived to see this day.'" 4 Burton, 260.

24 Burton's Diary, p. 255.

examined. Yet your petitioners, and the others, were all kept prisoners by the space of one whole year, and then on a sudden (without the least provocation) snatched out of their prisons; the greater number by the command and pleasure of the then High Sheriff, Coplestone, and others in power in the County of Devon, and driven through the streets of the city of Exon (which is witness to this truth) by a guard of horse and foot (none being suffered to take leave of them) and so hurried to Plymouth, aboard the ship John of London, Captain John Cole, whereafter they had lain aboard 14 days, the Captain hoisted sail; and at the end of 5 weeks and 4 days more, anchored at the Isle of Barbadoes, in the West Indies, being in sailing 4500 miles distant from their native country; wives children, parents, friends, and whatever is near and dear unto them; the Captive prisoners being all the way locked up under decks (and guards), amongst horses, that their souls, through heat and steam fainted in them; and they never till they came to the island knew whither they were going.

Being sadly arrived there on the May 7 1656, the master of the ship sold your miserable petitioners and the others; the generality of them to most inhuman and barbarous persons, for 1550 pound weight of sugar apiece, more or less, according to their working faculties, as the goods and chattels of Master Noell and Major Thomas Alderman of London, and Captain H. Hatsell of Plymouth; neither sparing the aged of 76 years old, nor divines, nor officers, nor gentlemen, nor any age or condition of men, but rendering all alike in this inseparable captivity, they now generally grinding at the mills and attending at the furnaces, or digging in this scorching island; having nought to feed on (nothwithstanding their hard labour) but potatoe roots, nor to drink, but water with such roots washed in it, besides the bread and tears of their own afflictions; being bought and sold still from one planter to another, or attached as horses and beasts for the debts of their masters, being whipped at the whipping posts (as rogues) for their masters' pleasure, and sleeping in sties worse than hogs in England, and many other ways made miserable, beyond expression or Christian imagination.

Humbly your Petitioners do remonstrate on behalf of themselves and others, their most deplorable, and (as to Englishmen) unparalleled condition; and earnestly beg that this High Court, since they are not under any pretended Conviction of Law, will be pleased to examine this Arbitrary power, and to question by what authority so great a breach is committed upon the free people of England, they having never seen the faces of these their pretended owners, merchants that deal in slaves and souls of men, nor ever heard of their names before Mr. Cole made affidavit in the office of Barbadoes, that he sold them as their goods; but whence they derived their authority for the sale and slavery of your poor petitioners, and the rest, they are wholly ignorant to this very day. That this Court will be farther pleased to interest their power for the redemption and reparation of your distressed petitioners and the rest; or if the names of your petitioners, and the number of the rest, be so inconsiderable as not to be worthy of relief or your tender compassion, yet at least, that this Court would be pleased on behalf of themselves and all the free-born people of England, by whose suffrages they sit in Parliament, any of whose cases it may be next, whenever a like force shall be laid on them, to take course to curb the unlimited power under which the petitioners and others suffer; that neither you nor any of their bretheren, upon these miserable terms, may come into

his miserable place of torment.

A thing not known amongst the Cruel Turks, to sell and enslave those of their own country and religion, much less the

innocent.

These things being granted as they hope, their souls shall pray, &c."

A very long and fruitless discussion ensued; but some statements appear interesting. These I will note as shortly as possible.

The first speaker was Sir John Coplestone, our old friend the Sheriff of Devon, in 1655, who said

"he knew the disadvantage of speaking against the petition.

Kivers had been Prince Maurice's quarter master, and was taken in arms in the business of Salisbury. He had counterfeited his (Coplestone's) name to a pass and was taken by a constable. On being searched, 15 cases of pistols were found about him [capacious pockets.] A young gentleman Mr. [Cary] Rennel then with him confessed they were going to the insurrection at Salisbury, but were prevented by its discovery.

An indictment was brought against him, at Salisbury but he [Coplestone] not being there was acquitted. He had but followed his late Highness's order in sending to Plymouth those in custody who had been in the insurrectionwhat came of them there he knew not."

Nr. Noell next spoke, he said

"he traded into these parts. Merchants sent to him to procure them suitable artificers. He had thus sent several persons from the Bridewell and other prisons; all he had to do with those now mentioned, was recommending them to that Mr. Chamberlain [a very fair share].

He abhorred the thought of setting £100 upon any man's head and it was false and scandalous to impute this to him. He indented [executed a deed of service] with all those he sent. The work was hard, but none were sent against their will. When there, they were civilly treated, and bad horses to ride on. Those sent served most commonly for 5 years, and then had the yearly salary [?] of the island. The hours of labour were from 6 to 6 with four times for refreshing; the work was thus not so hard as represented; nor as that of the common husbandman in England. The work was mostly carried on by Negroes. It was a place grateful to trade with as any in the world, and not so odious as represented."

Sergeant Maynard said

"the present petition was a gross breach of the privileges of the house, and he would not speak to the matter of it, Cavalier as it was."

No record of this. If he was before the Grand Jury at Salisbury, it is strange that his name is not mentioned by Attorney-General Prideaux, he would have ranked before Mackes and the Zouches. At Exeter a bill was preferred against him and ignored. (See Wilts Mag., vol. xiii., p, 272.) Mr. Cary Reynel will be found in Disbrowe's list, both he and Rivers belonged to Binstead, Hants. VOL. XV.-NO. XLVIII.

F

Sir Arthur Hazelrigge, on the contrary, affirmed

"it was regular, and challenged all the Long Robe to answer him. If any one offered him a petition at the door against a member should he not present it ?' And then he went on at length to the King's case, and petitions in general when "

Sir Walter Earle called him to order,

“as wandering but he agreed with Sir Arthur as to the presentment.”

Others spoke on this point, and the Speaker said

"no grand or privilege Committee could receive any original petition against a member of the house, without committing a gross breach of privilege.

Then Mr. Secretary Thurloe lamented

"that he had ever seen the day when such petitions should be encouraged and gave some account of Rowland Thomas but none of Rivers.

Mr. Knightly said

"the complaint was not by Rivers but on behalf of several others, aged gentlemen, that had been taken up in their way and sold• He would have all petitions read as they came in.

Captain Hatsell said

He never saw any

"he was at Plymouth when those persons were shipped. go with more cheerfulness. There were two old men and a minister. The last mentioned heard his (Hatsell's) name, and told him he did not wish to go. Whereupon he ventured to release him and another also for the same reason, and they went to their own homes. He gave bills of exchange at the rate of £4 108. per man for their passage. The master of the ship told him Rivers pretended madness; and he was much troubled with him, and told him if he could make friends when he came over to pay his passage cost, he might be released."

Sir Henry Vane

"It is not a business of the Cavaliers but of the liberty of freeborn England. To be used in this barbarous manner, put under hatches in darkness during the voyage and then sold for £100 this was Thomas's case.

All tyranny including that of the late king and those who would tread in his steps (as Cavaliers) was loathsome.

The object of the Major Generals, i.e., to keep down the Cavaliers, was good, but of dangerous precedent.

Do not that which is bonum but bonè. (Lucr. II. 7.)"

This reminds us of the kidnapping of Mr. Harrison in August, 1660, and his exportation to the neighbourhood of Smyrna; where he was sold as a slave. Fortunately he escaped after 2 years and returned to England-but too late to prevent the judicial murder of the Perrys; one of the strangest and saddest stories in our criminal literature.

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