Mercurii, 22o Februarii
L. 2a. AN Act for Establishing and Settling of the Lands and Estate, real and personal, of John Thecker Esquire, deceased, according to the true Intent and Meaning of the Conveyance and last Will of Jo. Theaker Esquire, his late Father, deceased : - Committed to Sir Ch. Howard, Mr. Bish, Sir H. Poole, Sir A. Ingram, Mr. Brooke, Knights and Burgesses for Yorkeshire, Sir Geor. Fane, Sir Geor. More, Sir Francis Vincent, Sir Ma. Abbott, Mr. Noy, Mr. Newbery, Dr. Eden, Mr. Clarcke, Mr. Wentworth, Sir P. Hayman, Sir Geor. Rivers, Sir Tho. Denton, Mr. Kirton, Sir Wm. Walter, Sir Tho. Grantham, Mr. Serjeant Hitcham, Sir Tho. Cheeke, Mr. Francis Finch, Mr. Sherfeild, Sir Ed. Peyton, Sir Jo. Stradling, Mr. Jo. Drake, Sir Jo. Corbett, Sir M. Fleetewood, Sir Ben. Rudyard: - This Day sevennight. Two Clock, Court of Wards.
L. 2a. - Cope. - Upon a double Question, of committing and ingrossing, rejected.
L. 1a. An Act for the Establishing of a Church, or Chapel, in Weymouth, within the Town of Weymouth and Melcombe Regis, within the County of Dorsett.
L. 1a. An Act against Adultery and Fornication.
Affairs with Fraunce.
Sir Jo. Ellyott reporteth, from the select Committee, concerning the Seizure and Arrest of our Goods and Ships in Fraunce. -
That the Ground of this, in part, personal: 1. The Taking away of a Chain of Gold from a Frenchman at Plymouth, at Ten of the Clock at Night, and of a Hatband, set with precious Stones. -
That 1501. in Pistoletts, was taken away from a French Ship of Newhaven. That Sir James Bag compounded this for Mr. James Marsh . . . of the Admiralty, for 80 l. and got a general Release from the Frenchman. The Frenchman after affirmed this to be extorted from him, as a Stranger, against his Will.
The greater Cause of this Restraint was, the Taking of a Ship, called the Peter of Newhaven, by our Fleet, about Michaelmas, and brought into Plimouth. That they,
7 Dec. not brooking our Delay, arrested Two Ships there: Whereupon our Merchants, 21 Dec. petitioned the Council Table; but had no Answer. That 28o Dec. they re-petitioned, his Majesty being then at the Board; where presently it was ordered, this Ship should be delivered, and all other Goods belonging to the French, upon their just Claim. That accordingly a Claim made, in the Admiralty, to this Ship, and Goods; where 26 Jan. it was agreed, the Ship should be released; and the Ship thereupon fell down to Gravesend; where staying for Wind, this Ship, about 2o or 3 of this Month, was again arrested by Sir Jo. *, by Command from the Lord Admiral, as, an honourable Person affirmed, the Lord Admiral avowed at the Council Table. That hereupon they of Newhaven arrested Two Ships here, threatening to proceed further. That hereupon the Merchants again petitioned the Lords, 12o Febr. who gave Time, till the 15th of February, to the Merchants ; where the Lord Admiral delivered, the Reason of the new Stay of this Ship to have been, an Information to him, from the Lieutenant of the Tower, and of Dover, that they were Spanish Goods. That the Lords, 15 gave Order, that, upon Security given for this Ship, it should be discharged. That the Judge of the Admiralty sent thereupon for Burlimachi, to procure some
Caution for this Ship. He, hearing of some further Arrest in Fraunce, refused to do it. That the French at length hereupon made the Seizures and Arrests of Goods and Ships, now complained of. -
That the Sub-committee observed, that, from the Time of the Information made by the said Lieutenants of the Tower and Dover, no Proofs brought in.
2ly, That the Answers of the King's Procurator, and Advocate, were so dark, and uncertain, as the Committee much disliked them.
3ly, That the Information of the Lieutenant of the Tower was so weak, uncertain, and contrarious, as the Committee much disliked it. - First, he denied, he gave any Information ; after, varied in the Times he gave the Information ; alleging, several Days, and Weeks: - Sometime it was before, sometime after, the new Arrest of this Ship. -
Standing in the Entry.
Ordered, Whosoever shall stand in the Entry, and not to take their Places, shall forfeit 12 d. to be presently paid to the Serjeant. -
Affairs with Fraunce.
Sir H. Martyn: - That the Decree, for the Discharge of this Ship, was not upon legal Proof, but upon Grace. - Not to mingle the Error of the second Stay with the Stay of our Goods and Ships in Fraunce : For although commendeth not the second Stay of the Peter, yet knoweth our Goods and Ships had been stayed, without Issue : For this a usual Course with them : As instanceth in Two Particulars: 1. Of Sir Jo. Ferne: 2ly, Of Mr. Manwaring. - That the French have been long angry: Therefore to be wary, that, by no Discourse of ours here, we please them, with allowing their Embargo to be good.
Sir M. Abbott relateth a Particular of a Ship worth 10,000l. wherein, after Ten Years Suit, and 700 l. spent, the Court of Parliament confessed his Cause to be good, but yet would give no Judgment; because the Offender a poor Man, and one of their principal Seamen.
Sir Jo. Cooke: - That this Embargo not the Act of the King, or State (for they refused them) but this done by some Court there: For the King in good Terms with us,
A long Letter, from a Factor in Fraunce, read.
Moved, the Lieutenant of the Tower, and Dover Castle, may be presently sent for to the House, to produce their Proofs of their information given to the Lord Admiral, upon which the French Ship was secondly stayed.
Mr. Chancellor of the Exchequer: - That the King absolutely refused to keep the Goods brought in as Prizes, regia manu.
1. Sir H. Martyn, by a general Vote, cleared.
2ly, Upon Question, the Lieutenant of the Tower o be sent for, to answer. To-morrow, at the Bar, why he gave so slight Answers to the Committee : and to give further Satisfaction in those Things, the House shall demand of him.
And, upon a second Question, Sir Jo. Heppesley to be presently sent for to the House; and the Matter of petitioning the King, to be referred till To-morrow.