House of Commons Journal Volume 1: 01 March 1626

Pages 826-827

Journal of the House of Commons: Volume 1, 1547-1629. Originally published by His Majesty's Stationery Office, London, 1802.

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Mercurii, 1 Martii

Low's Estate.

L. 2a. LOW - Committed to Sir Jo. Stradling, Sir Francis Barrington, Sir Tho. Cheeke, Mr. Brooke, Mr. Rolle, Mr. Wm. Price, Mr. Cage, Mr. Harrys, Sir Jo. Pickering, Mr. Francis Finch, Sir Jo. Biron, Sir Tho. Hutchinson, Mr. Bysse, Sir Tho. Middleton, Sir John Gyll, Sir Nath. Napper, Sir Geor. Ryvers, Sir Edw. Hales, Sir H. Barkeley, Sir H. Grimston, Sir A. Temple, Sir Tho. Grantham, Sir Ew. Thelluall, Sir Gervayce Clifton: - To-morrow, One Clock, Court of Wards.


Bill for Ordnance: - All, that will come, to have Voice: - This Afternoon in the Exchequer Chamber.

Ecclesiastical Courts.

L. 1a. An Act concerning Citations, issuing out of Ecclesiastical Courts,

Hobart's Estate.

L 2a. - Hobart. - Committed to Sir H. Poole, Sir Jo. Stradling, Mr. Francis Finch, Knights and Burgesses of Suffolke and Norfolke, Sir Francis Barrington, Sir Tho. Cheeke, Mr. Brooke, Mr. Selden, Mr. Crooke, Sir Tho. Barrington, Sir Wm. Poley, Sir Cl. Throckmorton, Mr. Wentworth: - Monday next. Two Clock, Exchequer Chamber.


Sir Wm. Mounson to have Privilege, for Stay of an Action of Ejectionae firmae, brought against Thomas Lystmey, his Servant, by John Ayland. - A Letter for Stay of the Trial.


L. 1a. An Act for the Increase of Trade, and the Utterance of the native Commodities of this Realm.


Simony : - This Afternoon, in the former Place. All, Simony, that will come, to have Voice.


L. 2a. Outlawries. - Committed to Sir H. Poole, Mr. Bisse, Mr. Wentworth, Sir Francis Barrington, Sir P. Hayman, Mr. Harrys, Mr. Smyth, Mr. Spencer, Mr. More, Mr. Whitaker: All, that will come, to have Voice : - Saturday next. Two Clock, Exchequer Chamber.


Ordered, If Nicholson desire to be heard by Counsel, then he to be so heard in the House. This to be before the Ingrossing of the Bill.


Ma. Clarcke reporteth the Bill for Explanation of the Statute 3o Jac. about Recusants, with Amendments; which twice read. - Engrossetur.

Oxford Election.

Sir Jo. Finch reporteth from the Committee for Privileges, for the Election for the University of Oxford. - In respect of some Witnesses, then heard, the Committee thought fit, the Vice Chancellor of Oxford should be sent for, to appear before the Committee upon To-morrow Fortnight, to give Satisfaction to the Committee in those Things, which shall be demanded of him, concerning the said Election; but not as a Delinquent.

Sir Jo. Davers undertaketh to send him Notice, and that he shall appear.

Member sent for.

Upon some Difference, in Affirmation and Negation, between Mr. Secretary Cooke and Sir H. Martyn; Resolved, Sir Jo. Cooke, now absent shall be presently sent for, to attend the House ; and the Serjeant to send for him.

Recusants Children.

L. 2a. - Recusants Children. - Committed to Mr. Whitaker, Mr. Bisse, Sir A. Temple, Mr. Pymme, Sir Tho. Hobby, Sir Rich. Buller, Sir H. Anderson, Sir Francis Barrington: And all, that will come, to have Voice: - Saturday, Two Clock, in the Court of Wards.

Council of War.

Sir D. Diggs reporteth from the Committee, the Form of a Warrant to the Council of War, for their Appearance here: Which read. The Direction to be generally, to the Council of War; and this to be carried unto them by the Serjeant.

The Warrant twice read, and agreed.

The Manner also of their Reception set down in Writing, and offered to the House, and twice read : Which, with Alteration only of One Word, upon Question, allowed.

Upon Question, Resolved, Sir Ro. Maunsell, One of the Council of War, and a Member of this House, shall come in, and sit with the Lords, as One of the Council of War. And, upon Question, he shall also withdraw with the rest of the Council of War.

Sir Ro. Maunsell: - That he was commanded to attend at the Council Chamber; where some, appointed by the King to hear him, sat down. Secretary Cooke told him, the King had appointed them to hear the Propositions he should make unto them. That he refused then to give Satisfaction thereunto, because this House had not ordered him so to do. 2ly, He desired, in respect of the Consequence of the Business, he might forbear then to speak any thing, till he had propounded some Things in the House : Which he readeth.

Detention of a French Ship.

Sir Jo. Ellyott reporteth from the Committee, concerning the Proceedings in the Admiralty upon the French - That they had first considered of the Advice given about the second Stay of that Ship. That Sir H. Martyn wished. Sir Jo. Cooke had been there to confront him. He denied his giving of the Advice ; as neither for his Profit, or Honour: Not for his Profit; for in no Cause, concerning any of these Matters for the . . no Profit for him, but by Releases: Not for his Honour, to cross the Order of the King, and Lords -

He strengthened this by Circumstances. - Not with the Duke from 26o Jan. till 9o Febr. Five Days after the second

Stay. - That he knew not of the second Stay, made 4o Febr. till, 6o Febr. Burlimachi came to him, to know, whether that Stay made by Order in Court. That he then advised Burlimachi, to know of Sir Jo. Wors.' by what Warrant; and, if prevailed not, to petition the Duke. -

That 8o Febr. before divers Doctors of the Law, he answered Burlimachi, he was so far from advising the second Stay of this Ship, that he told Burlimachi, he would grant an Attachment, if it were required, against the Stayers of this Ship. -

That 9o Febr. having not been with him before, the Duke sent for him, and told him of Proofs he had received, that in this Ship Spaniards Goods. That he answered, he could give no Advice, till he saw the Proofs. That 12 Feb. the Duke sent for him again, and told him, upon the Merchants Petition, the Duke told him, the Lords had appointed the 15th Day, to hear that Business; and desired him again to be there. Then the Duke asking his Advice, he told him, upon Pregnant Proofs, a second Stay might be made; but advised my Lord Duke to beware of Whisperers. That, at the Council Table, he said, this was but a Decree of Grace, and not judicial, upon Proofs. -

That Lord Cavendish demanded of Sir H. Martyn, concerning his advising to keep these Goods regia manu. He answered, that, the French Ambassador pressing the Delivery of the Ships and Goods, claimed by the French, at the Council Table, Sir Jo. Cooke, by an eloquent Oration, set forth the great Policy in taking those Prizes, and his own Labour in gathering Proofs. -

That Sir H. Martyn answered, for the first Part, he understood nothing, it being Matter of State; and, for the second, could say nothing, till he had seen the Proofs. But, being commanded to speak, he said, there were Two Ways; "via juris, and via . . -

In the 1. Two Ways: One, to proceed by Proof: 2. By Judgment upon Default in Four Courts. That the Default was but causa possessionis, giving Power to sell; but then to be answered again, upon due Proof: Whereby small Benefit would accrue to the King. But in via juris there must be Proofs made, that these were Goods lawful Prize ; where now the Proof put upon the Strangers, that they were not Goods lawful Prize. -

Observed first, 23 Barrels of Cochyneal, 23 Bags of Silver, Eight Bags of Gold, taken from the.. of Newhaven; which were not delivered, though contained in the Decree.

2ly, For the Lieutenant of the Tower, witnessed by Mr. Thomas, who went with the . . . with the Commission, the Lieutenant answered, the King was abused : The Goods were Spanish, and they should not have them.

3ly, From the 26th of January, till the Arrest, nor sithence, no Acts or Proceedings in the Admiralty sped, no Witnesses examined against this Ship; as affirmed by the French Proctor, and Advocate, so confessed by the King's Proctor, and Advocate, and by the Acts themselves. -

That the Committee desireth, the Difference concerning Sir H. Martyn's Advice, wherein he and Sir Jo. Cooke oppose one another, may be related by Sir Jo. Cooke in the House.

Sir Jo. Cooke: - That he ever but made a Narrative of the Truth of the Proceedings. That the first Release of this Ship moved from him at Hampton Court; for which, he said, he found small Proofs. -

For the general, of all the Ships, clamoured by Ambassadors, as if the King would proceed with an high Hand; he gave Direction to have it published in the Admiralty that the King would have nothing, but what should appear, upon good Proof, to be Spanish Goods. Hereupon this Ship enlarged. Heard, Mr. Lieutenant had Purpose to inform the Duke of some Things against this Ship. - That the Duke commanded the Stay of this Ship, till they heard further from him. That Sir H. Martyn refused to advise the Stay; but yet thought, it might be stayed for the present, till Proofs might be produced. -

The Clamour of the Merchants to the Council Table, for Stay of this Ship, against the Decree of Admiralty; which the Lords disliked. - The Duke himself came to the Board, and brought with him Sir H. Martyn ; who affirmed, there was no Decree, but only an Order. That Sir H. Martyn of Opinion, that, till the Proofs, the Ship might be stayed. For the * *, the Lords directed a speedy Proceeding. - Moveth * Question, whether the Advice itself were not good, [upon] such Offer of Proofs, as were made. -

That Sir H. Martyn did not advise the King to proceed regia manu; but propounded it, armed with Reasons, in the King's Presence; who gave, upon it, an Answer, worthy eternal Memory. -

Commendeth the Course in hand, to proceed to Proofs; and wishetb, that Course may be holden; and that every Man may stand, or fall, according to his Demerits.

Upon Question, Sir Francis Goodwyn spake nothing, but what tended to the Honour of the King.

Sir H. Martyn: - That he denying the Giving of the Advice, and Sir Jo. Cooke affirming it; if the House believe Sir Jo. Cooke, he cannot be an honest Man; and if he affirm it, he must contest with him.

Sir Jo. Cooke: - That he said not, Sir H. Martyn gave Advice for Staying of the Ship ; but, that the Stay was confirmed upon his Advice.

A Petition, from the French Merchants, read.

Resolved, The House shall sit again, Two Clock in the Afternoon; and all Committees to cease, sitting the House.

Mercurii, 1o Martii - Post Meridiem


L. 1a. [a] AN Act for keeping the Lord's Day, commonly called Sunday: - Committed to Sir Tho. Hobby, Sir H. Poole, Sir H. Fane, Sir M. Fleetewood, Sir Francis Barrington, Sir Jo. Pickering, Sir B. Hickes, Sir A. Temple, Sir B. Rudyard: - And all, that will come, to have Voice: - Friday, Two Clock, Court of Wards.

Detention of a French Ship.

Sir Jo. Ellyott reporteth from the Committee, something forgotten by him this Morning; viz. that the 23 Bags of Silver, and Eight Bags of Gold, were, by Sir Francis Stewart, delivered unto my Lord Duke.

Sir Francis Stewart: - That he, and some other Commissioners, looking into some Ships, the Master of the St. Peter complained, he was robbed of divers Bags of Gold, and other Things; but, upon Search, it was found to be otherwise, being in the Place, where he left them. That these he, and the other Commissioners, delivered to the Lord Admiral, to be safely kept.

Sir Jo. Ellyott .- - That upon the Delivery of the Peter, the Silver, Gold, Rubies, Hatband, &c. of that Nature, detained, and not delivered. Hence all the great Miseries, ensuing in Fraunce, proceeded. -

1. Moved to retain this here, as a Grievance.

2ly, The Lieutenant of the Tower to be sent for, to answer here, as a Delinquent, for refusing to deliver the Goods in the Peter, when they were ordered to be delivered.

3ly, To make a select Committee, to consider of a Petition to the King for a present Relief of the Merchants of Fraunce.

1. Upon Question, the Lieutenant of the Tower to be sent for to the House, to answer such Questions, as shall be demanded, or objected to him, by the House.

2. Upon Question, he is to be sent for, to be here To-morrow, at Nine Clock.

3. Upon Question the former Committee to set down, in Writing, the Questions, which Mr. Speaker shall propound to him : And Power given to the Committee, to send for Mr. Thomas, or for any other they think fit, to testify, or inform them.

41y, upon Question, the Lord Duke to have knowledge given him, that this House desireth to be satisfied from him, why, after a legal Discharge of the St. Peter,

the same was again stayed. This to be done by Sir Geor. Goring, and Sir Ro. Killigrew, Sir Ro. Pye, and Mr. Spencer. - And, that the House desireth, this Satisfaction should be given by Saturday next, Nine Clock, in the House.

Where Mr. Gabriell Marsh, Marshall of the Admiralty, by the Report, charged with 150 Pistoles, taken from a Frenchman, and ordered by the Duke, at Plymouth, to be restored; Demand was made, but not delivered by him: - That a Member of this House told the Committee, he compounded the Difference between them, for 80 l. -

The next was for a Chain of Gold, an Hatband of ... and divers Jewels, which Mr. Marsh had; and not known how he hath disposed of them. -

Upon Question, Mr. Gabriell Marsh to be sent for .. the House, to answer such Questions as shall be propounded by the House. - To be here To-morrow Morning, Nine Clock; and the Committee to set down in Writing, the Questions, which Mr. Speaker shall propound to him from the House.

Sir James Bagg denieth, he made any Composition for the Pistoles, which Mr. Marsh had.