House of Commons Journal Volume 11: 11 January 1694

Jovis, 11 die Januarii;

5° Gulielmi et Mariæ.

Prayers.

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 Occasions.

Vivian's Estate.

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, viz.

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.

Holt's Estate.

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 Chamber.

Whitley Estate.

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 examined.

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 desert her.

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.

Woollen Manufactures.

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 read;

The House divided.

The Noes go forth.

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 France.

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 sit again.

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.