House of Commons Journal Volume 1: 11 March 1626

Sabbati, 11 Martii

Theaker's Estate.

THE Committees in Theaker's Bill, have Power to send for any Witnesses, to inform them.

Poor.

L. 1a. - Poor.

Nicholson.

Mr. Spencer reporteth the Bill against Nicholson (formerly re-committed) with One Amendment.

Blackfryer's Playhouse.

Sir B. Rudyard reporteth that he hath delivered his Message to the Lord Chamberlain, about the Playhouse in the Blackfryers. That the Lord Chamberlain's Answer is (with Expression of great Respects to this House) that, though it belong not to his Place, yet he will recommend the Petition to his Majesty, with his best Endeavour to mediate the same, so as there may be Consideration had of the Players Damages by their Removal from thence.

Nicholson.

Mr. Nicholson called in to the Bar, and demanded, whether he had any Counsel to defend himself against the Bill; he saith, no; but desireth to be heard himself. -

1. Whether the King's Custom be to be taken by Certainty of Yards, or by Weight.

2. If by Measure,, then that extremely inconvenient, Not so equal Course to regulate the Custom.

14o Eliz.. . . for Kerseys : That they are to pay Custom, according to the Weight, not according to the Length. That this Statute also confirmeth the Book of Rates, made in Queen Marye's Time, confirmed by Queen Eliz. and King James. -

27o Eliz. ... for coarse Cloths, or Kerseys. -

1. Out of Question, this is the King's ancient Due.

2. In Equity to be paid, because of the King's Increase of Charges, in the Guarding of the Narrow Seas.

He then went extravagantly on, in a long Discourse; and then withdrawn. The Bill, una voce, agreed to be ingrossed, without One Negative.

Bill from Lords.

Sir Ch. Caesar and Sir Ro. Rich bring, from the Lords, the Lord Aburgenye's Bill.

Imposition on Wines.

Sir W. Earle remembereth -

The ingrossed Petition concerning the Imposition upon Wines, read; and, upon Question, to be presented to his Majesty by the Master of the Wards, and Sir James Fullerton.

Ld. Scrope.

The ingrossed Petition concerning the Lord Scrope, read; and, upon Question, to be presented to his Majesty by the same Messengers.

Both these Petitions delivered to the Master of the Wards,

Council of War.

Sir Tho. Button first singly called in, and his Answer to the first Question required by Mr. Speaker, according to the last Order; he delivereth an Answer in Writing.

Sir Jo. Ogle, 2ly called in, delivereth the like.

Sir Ro. Maunsell, 3ly called in, delivereth the like.

Lord Grandison, 4ly called in, delivereth the like.

Sir Jo. Strangewayes, from the Committee, delivereth in the Answer of Lord Brooke.

Sir D. Digges, from the Committee, delivereth in the Answer of the Lord Conway.

Lord Viscount Wimbleton, 5ly called in, delivereth in the like.

Earl of Totnesse, Lord Carew, 61y called in, delivereth in the like.

Moved, a Conference may be desired with the Lords, about this Business.

That contraried by another; with Advice, in respect of the Importance of the Matter, to defer the Consideration hereof for some Time.

Upon Question, the Serjeant to give Knowledge to the Council of War, that they need attend no longer, until they hear further from the House,

Detention of a French Ship.

Sir Jo. Ellyott reporteth from the Committee to consider of the Answer made by the Attorney General concerning the second Stay of the St. Peter of Newhaven.

That, upon Consideration thereof, there appeared, 1. An Inducement to it, by the Information given by the Lieutenant of the Tower unto the Duke: 2ly, His Majesty's Command to the Duke, for her Stay. -

That the Information was not particular for that Ship, but in general for the Prizes. -

That, for the general also, no Proof appeared of any thing more, than before the Decree. -

The Committee of Opinion, 1. This Information to have been too suddenly embraced by the Duke. -

That the Committee of Opinion, in respect of the Manner of the Stay, is a Grievance: And so for the Taking away of divers Goods, Silver, Gold, Jewels, &c. at Plymouth; which committed to the Custody of one of the Lord Duke's Servants; which were not restored at the first Discharge of this Ship.

Upon Question, the House to sit again in the Afternoon.

Sabbati, 11o Martii - Post Meridiem

Detention of a French Ship.

THE Debate concerning Mr. Attorney his Answer, renewed.

Upon great Doubt, whether a Question shall be now made, whether the second Stay of the Peter, after the Decree in the Admiralty, a Grievance, or no;

Upon Question, whether this Question shall be now made, or no; the Question being twice propounded, the Voice doubtful; and the House divided: The Yea went out.

Tellers for the Yea, Sir Jo. Ellyott, Sir D. Digges,

Tellers for the Noe, Sir Geor. More, Mr. Drake,

With the Yea, 127

With the Noe, 133

Difference 6.