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Oct. 11
London. |
19. Sir Rich. Caulveley to Sir Jas. Fullerton, gentleman of His
Highness' bedchamber. Pray do not allow any advantage to my
prosecutors in my absence. I will repair to Court on the least notice.
[¾ page.] |
| Oct. 16. |
20. Arguments on the question whether two barrels of wine
found in the main sea, and landed on the fee of Saumares, should
belong to the King or the Lord of the fee. The reasons for the
Seigneur of Saumares' right are that it appears by ancient records
that the lords of that fee have always had one half of goods so found
and landed, and the finders the other. It was so adjudged for the
Seigneur of Saumares in 1593, against Barnaby Godfrey, who having
found a butt of wine in the sea, and landed it upon that fee, claimed
the whole, insisting upon the words of the law, Que toutes choses
trouvées au bal de la mer appartiennent a linventeur. |
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His Majesty in 1607, receiving the now Lord of Saumares to do
homage for that fee, by patent confirmed to him all the rights and
privileges of his predecessors, since which he has often received the
moiety of such goods without opposition. |
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The reasons why the Curator of Saumares should be heard are,
that this cause concerns the interest of a man afflicted by the hand
of God, who cannot himself defend his right, and therefore deserves
favour. The gentleman to whom the care of his affairs is committed
is a jurat in the isle, whose attendance is required there during the
term, for the public service, and as tutor to sundry orphans, and
Curator of Saumares, for managing whose business be cannot depute
another. Not long since, upon these suggestions, Mr. Carteret of
Vincheles, having failed to appear here upon summons, obtained an
order from Council, repealing a judgment made against him by them. |
|
The Curator of Saumares having received a warrant from
Sir Hen. Yelverton, then attorney, to appear here, provided a
messenger to be sent over instructed in the cause; but hearing of
the attorney's sequestration, he stayed the messenger, expecting that
if the procurer should procure other Commissioners, a new warrant should be sent, as Mr. Attorney's warrant was only to attend
him. Nevertheless, understanding that the procurer proceeded
without him, be sent his messenger; he arriving at Southampton
the end of July, met the procurer, who told him that his honor had
given judgment in his business; the messenger wanting a reexamination of the business whilst the procurer was here, presented
a petition to His Majesty, which was referred to the Archbishop of
Canterbury and the Bishop of Winchester; but the procurer having
then gone over, and the Council not having returned to town, the
matter has remained in abeyance. The curator and the wife of the
Seigneur of Saumares now petition for a stay of proceedings. |
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With reference thereon by Secretary Calvert, 19 Sept. 1620, to
the Solicitor-General, and his report that this cause and another
of the same nature, were referred to the late Attorney-General, and
notice given to the parties to attend the reference. That the
seigneur appeared, but neither the curator nor any for him, although
it is alleged he sent a messenger who lost his way, but of this there
is no evidence on oath. The King's procurer attending both causes,
the Attorney-General heard the matter debated, but before he resolved upon a certificate, both cases were referred to Sir Hen.
Marten and to the writer, who heard the case and certified Council.
[1½ pages.] |
Oct. 31
Whitehall. |
21. The Council to Amice de Carteret, bailiff, and three
jurats of Guernsey. John Briard, of Guernsey, having exhibited
articles charging Eleazer le Marchant, jurat, of sundry foul misdemeanors, we referred the examination thereof to you on 23 May
1619; but as we have not received any certificate of your proceedings, and are informed that you have not observed our directions, we
require you to use no further delay in execution of the commission,
to strictly observe our directions, and take care that your proceedings be legal. [1 page.] |
