Jovis, 11 die Januarii;
5° Gulielmi et Mariæ.
5th Eliz. respecting Cloth Weavers.
A PETITION of the Clothiers, about. Halifax in
Yorkshire, was presented to the House, and read;
setting forth, That, by a Statute made in the 12th Year of
King Charles the Second, the Exportation of Wool, Fullers Earth, and Tobacco-pipe-Clay, are prohibited under
certain Penalties, therein mentioned; yet nevertheless, divers great Quantities of those Commodities are daily
exported into France and Holland; to the great Prejudice
of the Petitioners, and the Nation in general: And praying, That a Stop may be put to the Exportation of
Wool, and Fullers Earth.
Ordered, That the Consideration of the said Petition
be referred to the Committee, to whom the Bill to repeal the 32d Article in the Act of 5° Eliz. containing
divers Orders for Artificers and others, relating to Weavers of Cloth, is committed; and to which Committee
Power was given to bring in a Clause in the said Bill, to
prevent the Exportation of all Earth and Clay whatsoever.
Leave of Absence.
Ordered, That Sir Edward Aiscough have Leave to go
into the Country for Three Weeks, upon extraordinary
An ingrossed Bill to enable John Vivian Esquire, and
Thomas Vivian his Son, to sell some Part of their Estate,
for Payment of Debts, and making Provision for younger
Children; and for settling another Estate, in lieu thereof;
was read the Third time.
And several Amendments being proposed to be made,
Press 3. l. 20. before "Vivian," to insert "Saint;"
Press 4. l. 41. before "Breock," to insert "Saint;"
The same were, upon the Question severally put thereupon, agreed unto by the House; and the Bill amended
at the Table accordingly.
Resolved, That the Bill do pass: And that the Title
be An Act to enable John Vivian Esquire, and Thomas
Vivian his Son, to sell some Part of their Estate, for Payment of Debts, and making Provision for younger Children; and for settling another Estate, in lieu thereof.
Ordered, That Mr. Christy do carry the Bill to the
Lords, and desire their Concurrence thereunto.
A Petition of Sir Charles Holt Baronet, Son and Heir
of Sir Robert Holt Baronet, deceased, was presented to
the House, and read; setting forth, That the Petitioner's
Father, in 1655, and 1658, mortgaged several Manors,
to James Perrott Gentleman, for securing 5,000 l.; and,
as a collateral Security, acknowlegded a Recognizance
in Chancery for 8,000 l.; which Mortgage and Recognizance was, in 1664, assigned to Andrew Fountaine Esquire,
for 5,000 l. as his own Money: That, in 1672, the Executors of John Coke Esquire claimed the said 5,000 l. as
Part of his personal Estate, placed out in Mr. Fountaine's
Name, in Trust for Mr. Coke; and, after Ten Years
Contest, and several Hearings in the Exchequer, obtained
a Decree against Mr. Fountaine for the said Money; and
that he should assign the said Mortgage and Recognizance
to them; and decreed the said Executors to be Executors
in Trust for Edward Coke Esquire, an Infant, now living:
That Edward Coke obtained a Decree, in Trinity Term
last, against the Petitioner, to pay what was due on the said
Securities, by Michaelmas 1694, or be foreclosed of the
Equity of Redemption: That Mr. Fountaine hath stood
in Contempt of the said Decree for Eleven Years, and
will not assign the said mortgaged Estate, but has received
near 3,000 l. out of the Rents thereof; and the Petitioner
has been compelled to pay 5,000 l. more for Interest, and
is desirous to pay what is due; and yet is like wholly to
lose his Estate, because he is disabled to sell, and can
have no Remedy, as advised, by the present Laws, or
otherwise than by Act of Parliament: And praying, That
Leave may be given for the bringing in a Bill for divesting the said Securities out of Andrew Fountaine Esquire,
and others, and vesting the same in Trustees, for raising
and paying the Money remaining due upon the said Securities, and assigning the Residue of the Estate incumbred
therewith to the Petitioner.
Ordered, That the Examination and Consideration of
the said Petition be referred to a Committee: And that
they do report their Opinion therein to the House.
And it is referred to Mr. John Gray, Sir John Mainwaring, Mr. Boscawen, Mr. Goldwell, Lord Digby, Sir
Fra. Guibon, Mr. Christy, Colonel Mansell, Mr. Bowyer,
Mr. Arnold, Mr. Bromley, Sir Math. Andrews, Mr.
Smith, Mr. Colt, Mr. Hungerford, Mr. Hutchinson, Sir
Hen. Gough, Sir John Moreton, Mr. Bickerstaffe, Mr.
Biddulph, Mr. Tho. Foley, Dr. Barbon, Mr. Waller, Sir
Tho. Middleton, Mr. Hawtry, Mr. Gwyn, Mr. Burdet,
Sir Robert Cotton, Sir Jon. Raymond, Mr. Willmot, Mr.
Lewes, Mr. Serjeant Wogan, Mr. Lloyd, Sir Edward
Hussey, Mr. Stafford, Mr. Papillion, Mr. Norreys, Mr.
Ph. Foley; and all the Members that serve for the Counties of Stafford and Warwick: And they are to meet
this Afternoon at Four of the Clock, in the Speaker's
Ordered, That Leave be given to bring in a Bill to enable Roger Whitley Esquire, and Thomas Whitley Esquire,
to exchange certain Lands, of equal Value: And that
Mr. Smith do prepare, and bring in, the same.
Proceedings of Commissioners of Accounts.
Mr. Foley, from the Commissioners for stating the publick Accounts, acquainted the House, That they had taken
several Examinations, touching the Embezilment of Goods
out of a French Prize, taken by their Majesties Ship the
Monmouth; the Substance whereof he delivered in Writeing in at the Table: Where the same was read; and is
as followeth; viz.
That, on the 19th of July 1693, their Majesties Ship
the Monmouth, Captain Peter Pickard Commander, took
a French Ship of about 120 Ton, to the Westward of
Cape Finister, which came from St. Domingo in Hispaniola
in America, laden with Sugar, Tobacco, West-India
Hides, Indico, and Cotton, bound for Rochell: At which
Time, James Hockley, Quarter-Master of the Monmouth,
Proceedings of Commissioners of Accounts.
one of the Captain's own Witnesses, says, the Prize was
in good Condition, as he thought; she was pumped but
once in the Afternoon, and but twice the next Day.
About Two Days after, Captain Pickard took out of
his Pocket the Act of Parliament concerning Prizes, and
gave it to the Master, Samuel Goodman, and said, the Act
was so strict, that no Plunder or Embezilment must be
made of the Goods; but the next Day, Richard Hunckins,
Master's Mate, coming down with a Frenchman, Carpenter to the said Prize, where James Hockly lay, whom
they supposed to be asleep, the said Hunckins asked the
French Carpenter, If he could break open the Scuttle; and
in what fort of Cask the Indico lay? And, when the French
Carpenter gave him an Account of what Size the Casks
were, he said, They were too big to be conveyed into a
Chest: Upon which the Carpenter broke open the Scuttle;
and several Barrels of Indico were taken out and put into
Chests, and brought on board the Monmouth, with some
Oranges, Arms, and other Things; after which the
Scuttle was nailed down.
While they continued at Sea, before they came to Ireland, the Prize being towed, it was alleged by the Captain's Witnesses, That she let in more Water than before;
upon which, and the Hawsar's breaking in the Night, a
Signal was given of Distress; when the Captain sent several aboard, Carpenters and others, who testified, That
she was an old Ship, and worm-eaten, as Ships coming
that Voyage used to be; and, That, in Three Hours, they
finished what they thought requisite to secure her; and,
That, till she came to Cork, one Man might pump her,
and keep her sucked: That they did not observe any notorious Defect in her.
About the 30th of July, she was brought safe into Cork
Harbour, where her Guns and Pattereroes, and all her
Chambers, and one Brass Base, were taken out of her:
That, the 4th of August, they weighed out of Cork; and,
on the 5th, about 8 Leagues from Kinsale, Lieutenant
Carlton, who commanded the Prize, called aboard the
Monmouth, and told the Captain, that the Prize was not
able to keep the Sea, nor to swim: The Captain thereupon
ordered him to fire Two Guns, to signify to the Flag, that
the Ship was in Distress; which was done accordingly:
Whereupon, about Three a Clock, though Richard Shirly swears he then sucked her with his own Hands, the
Hatches were broke open, and the Goods carried on
board the Monmouth, from that Time till Sunday about
Eight at Night; on which Day, about Eleven in the
Morning, Lieutenant Carlton ordered the Main-mast
and Foremast of the Prize to be cut by the Board: That
she was not pumped all that Day, after Four in the Morning: That, before the cutting of the Masts, several offered the Lieutenant, if he would let but Five Men go
with her, they would undertake to carry the Prize into
Kinsale Harbour, the Wind sitting fair for it at that Time;
and also when the Signal of Distress was given, when
they were but Seven Leagues from Kinsale, and might
have gone in that Night.
That, on Saturday, the said Hunckins was seen to go
with an Augre towards the Place, where on Sunday, was
found a Hole bored; which, Peter Love the Carpenter
says, was done with his Augre, there being no other in
the Ship; and that Peter Clements, finding that Augre by
the Hole, brought it to the said Peter Love on Sunday
Morning: But the Hole was bored so high, that no
Water came in thereby, unless when the Ship rolled;
and, at the time when she was left, there was not more
than Three Foot and a Half in Water, when her Hold
was half full of Tobacco, and Sugar; and the French
Master then offered, if he might have her, he would fail
her to Rochell.
The Goods, thus taken out on the 13th and 14th of
August, were put on board; most of the Tobacco on
Rear-Admiral Vander-Goes's Ship, bound for Holland; most
Part of the Indico, and some Tobacco, on board a Genoese
Ship, likewise bound for Holland: The Indico was in all
about 59 Casks, and several 100 Rolls of Tobacco, each
Roll weighing about 50 Pounds; and a Parcel of Hides
were afterwards sold at Torbay for about 15 l. and some
Cables there to Captain Morley for 28 l.: At Plymouth,
a whole Suit of the Prize's Sails, which Shirly helped to
make up, was sold by the Captain: At Woolwich the Guns
were sold for 28 l. paid to the Captain by the Gunner.
The Monmouth coming into St. Helens, the 19th of September, some small Parcels of Tobacco and Cotton were
delivered to the Prize-Officers; who, soon after coming on
board, seized some Indigo, Tobacco, Cotton, and Sugar,
in the Store-Room in the Monmouth; which, being lock'd,
they were forced to break open, by Order of the Admiral, Liberty to search having been first refused.
The Captain being told what Informations were against
him, answered, He owned the taking out of the Goods;
for which he pretended Necessity, by reason of the Distress of the Ship: That he did put some of the Goods on
board the Genoese, and Rear-Admiral Vander-Goes; but
pretended, he had no Knowledge what the Quantities
were; he trusted to Vander-Goes; and the Genoese promised, before he went off, to give a Bill of Lading, but
did not; nor would he own, to the Time of his Examination, that he knew of their Arrival in Holland, tho'
one of the Witnesses, Edward Bassacott, swore, he saw
the Captain of the Geneose deliver a Note to Lieutenant
Carleton, which he did believe was a Bill of Lading, the
Goods being all weighed, and marked with the Captain's
Mark P. P. with the Number and Weight on the Cask.
The Captain, being required to produce Witnesses to
prove, that the Ship was in Distress, had several Witnesses
Lieutenant Carleton did affirm, The Water came in so
fast, that he was in Fear every Minute of the Ship's sinking: That there was 7 or 8 Foot Water in the Prize:
And, before the Captain appeared, Richard Hunckins came
to the Board voluntarily, and said, The Ship was in great
Distress, and had lost, besides the Cut-Water, the Knee
of her Head, and the Hoodings of the Stem gave way:
But, upon Examination of all the Witnesses, no such
Thing appeared as the Knee of the Head being lost, or
that the Hoodings of the Stem gave way; and that the
Water at no time exceeding 3 Foot and a Half, and
might have been sucked by Two Men at most; and, tho'
the Cut-Water was gone, that did not bring the Ship into
Distress: And several of his own Witnesses said, She
might have been safely carried to Kinsale, the Wind sitting
fair for that, though it did not for England.
The greatest Part of his Witnesses said nothing to the
Condition of the Ship after she came out of Cork; but,
That they had been on board her presently after her first
taking, or before her being brought into Cork; and That
she was an old Ship, and worm-eaten; but could give
no Account of any particular Defect in her.
The Captain was asked, Why, he being so near the
Prize, when the Signal of Distress, after her coming out
of Cork was given, that they could talk to one another,
he did not satisfy himself, or send any one to satisfy him,
that the Ship was really in Distress? He only said, That
all the Men said she was in Danger; but proved it only by
Lieutenant Carleton, though Peter Clemens Midshipman,
Anthony Facy Mariner, Oliver Birkby Surgeon, Richard
Shirly Mariner, Peter Love Carpenter, James Hockly Mariner, and Sam. Goodman Master, declared, on their Oaths,
the State of the Ship at that time manifested she was in
no Distress: But the Captain, being with his Ship the
Monmouth to attend Sir George Rook, who was ordered
to his Station about Ushant, found it inconvenient to carry
this Prize about with him; and therefore it appeared they
did resolve to take all they could out of her, and then
Sir George Rook appeared on the Behalf of the Captain;
but was not sworn; for he said he could say nothing to
the Matter: But, being asked, Whether he had satisfied himself, whether the Ship was in Distress? said, The Captain
told him, the Prize could not swim; and thereupon he
ordered him to leave her; And, being asked, If he was
not obliged, commanding in chief, to take care of the
Prize? he returned this Answer, He got nothing by it;
and therefore did not concern himself about it. Sir George
being further told, That, in the Instructions from the
Admiralty, of the 18th of March last, to Hen. Killigrew
Esquire, Sir Ralph Delavall, and Sir Cloudsly Shovell, they
were to give it in strict Charge to all the Commanders
and Officers of their Majesties Ships, that, upon seizing
of any Prizes, they should take care to have the late Act
of Parliament concerning Prizes duly observed; Sir Geo.
made Answer, He had received no such Order.
Upon the whole Matter, it appears to the Commissioners of Accounts, That the said Prize-Ship, so taken,
was designedly plundered, and deserted, by the said
Captain Peter Pickard, and his Order.
Ordered, That the Commissioners for stating the publick
Accounts do deliver to Mr. Attorney-General the Examinations, taken before them, touching the Embezilling
of Goods out of a French Prize, taken by their Majesties
Ship the Monmouth, of which Captain Peter Pickard was
Captain, and Carleton Lieutenant: And that Mr. Attorney-General do take care, that there be an effectual Prosecution against the said Captain Peter Pickard, and
Lieutenant Carleton, for the same.
The Order of the Day, for the House reading the Bill
to revive the Act made in the First Year of their Majesties Reign, to prevent the Exportation of Wool, and
encouraging the Woollen Manufactures of this Kingdom,
the Second time, was read.
And the Question being put, That the Bill be now
The House divided.
The Noes go forth.
|Tellers for the Yeas,
||Sir Walter Young,
Sir Ra. Dutton:
|Tellers for the Noes,
||Sir Ralph Car,
So it passed in the Negative.
Resolved, That the said Bill be read a Second time
upon this Day Sevennight.
Supply Bill; Land Tax.
Then the House, according to the Order of the Day,
resolved itself into a Committee of the whole House, to
consider further of the Bill for granting to their Majesties
an Aid, for the carrying on a vigorous War against
Mr. Speaker left the Chair.
Sir Thomas Littleton took the Chair of the Committee.
Mr. Speaker resumed the Chair.
Sir Thomas Littleton reported from the said Committee,
That they had made a further Progress in the Bill; and
had directed him to move, That they may have Leave to
Resolved, That this House will, To-morrow Morning,
resolve itself into a Committee of the whole House, to
consider further of the said Bill.
Wool-combers, &c. Trade.
Ordered, That all Committees be adjourned, except the
Committee, to whom the Examination and Consideration
of the Petition of the Wool-combers of the Counties of
Suffolk, Norfolk, Essex, Cambridge, and Isle of Ely, is
referred; and except the Committee appointed to receive
Proposals concerning the Forfeitures in Ireland; and for
securing the Protestant Interest there; which are revived,
and to sit this Afternoon.
And then the House adjourned till To-morrow
Morning, Nine a Clock.