DIE Martis, 20 die Decembris.
Domini tam Spirituales quam Temporales, præsentes
|His Royal Highness the Duke of Yorke.
Robertus Comes Lyndsey, Magnus Camerarius Angliæ.
Jacobus Comes Brecknock, Senescallus Hospitii Domini Regis.
Edwardus Comes Manchester, Camerarius Hospitii Domini Regis.
Comes St. Albans.
Vicecomes de Stafford.
|Ds. Arlington, One of the Principal Secretaries of State.
Ds. Berkeleyde Berkley.
Ds. Howard de Esc.
Ds. Howard de Cast Rysinge.
This Day the Lord Chief Justice of the Court of
Common Pleas sat Speaker, in the Absence of
the Lord Keeper.
Pitt & al. versus Pelham & al.
An Alteration in the Order of the 17th Day of this
Instant December, made between Pitt and Pelham, was
offered to the House; but it is ordered to be respited
until the Lord Keeper be present.
Ly. Delawar, Privilege: Brisco brought to the Bar:
This Day Walcott Brisco, Attorney at Law, was brought
to this Bar, as a Delinquent, for prosecuting the Lady
Dowager Delawar to an Outlawry, at the Suit of Thomas
Tanton, contrary to the Right of Peerage.
The said Brisco denying that he knew the Lady Delawarr to be a Peeress of this Kingdom, but was told
by Tanton that she was a Dutch Lady; William Princhard
and Henry Wilson, Bailiffs, being produced, did aver,
"That the said Brisco did employ them to arrest the
Lady Delawar, promising to bear them out in it;
and that the said Brisco did agree with the said Tanton
to have Six Pounds extraordinary, for undertaking the
Prosecution of the Suit against her."
To remain in Custody.
Upon this, the Question being put, "Whether the
said Walcot Brisco shall remain in the same
Custody he is now, until the further Order of
It was Resolved in the Affirmative.
Message from H. C. with L. Irwin's Bill.
A Message was brought from the House of Commons,
by the Earl of Ancram and others; who returned the
Bill for empowering the Executors and Trustees of Henry
late Lord Ingram, Vicecomes Irwin, to sell certain Lands,
for Payment of Debts and Legacies; with this Intimation, That the Commons have passed the said Bill, without any Amendments.
Message from thence, with Two Bills; and to return Two.
A Message was brought from the House of Commons,
by Sir John Birkenhead, &c. who brought up these Bills
1. "An Act for granting to Sir Phillip Howard and
Francis Watson Esquire the sole Use of a Manufacture, Art, or Invention, for the Benefit of Shipping."
2. "An Act for vacating a Decree for settling the
Boundary and Extents of the Manors of Ramsey and
Wardboyes, in the County of Huntington;" to which
Bills their Lordships Concurrence is desired.
Also they returned Two Bills, wherein their Lordships
made some Amendments, to which Amendments the
Commons do agree; videlicet,
1. The Bill concerning Falmouth Church.
2. The Bill to prevent the malicious burning of
Houses, and destroying of Cattle, &c.
Salmon versus Hamburgh Company.
Whereas, by Order of this House, being dated the
Tenth of this Instant December, the Governor, Deputy
Governor, and Assistants, of the Fellowship or Corporation of Hamborough Merchants were required speedily
to call a Court of the said Corporation, and at that
Court to appoint and authorize some of their Members
to attend this House this Day, in the Name and on the
Behalf of the said Fellowship or Corporation, to bring
the Charter of the said Fellowship with them; Thomas
Harris, Secretary to the said Fellowship or Corporation,
delivered to this House, at the Bar, a Paper, which was
read, the Contents whereof followeth:
To the Right Honourable the Lords Spiritual and
Temporal in Parliament assembled.
Humbly sheweth to your Lordships, Thomas
Harris Gentleman, Secretary to the Fellowship of the Merchants Adventurers of
"That he being served with your Lordships Order
of the Tenth of December Instant, he did in Obedience thereunto communicate the same to so many of
the Assistants of the said Fellowship as he could meet
with; who every One of them, upon Sight thereof,
expressed a great Readiness to obey your Lordships
in any Thing in their Power; but declared that they
had no Power, either in themselves alone, or jointly
with any other, to call a Court. And he further
sheweth to your Lordships, That there is no Deputy
Governor of the said Fellowship in or near London.
But he delivered the said Order to Sir Richard Ford,
the Governor of the said Company, who expressed
also much Readiness to obey the same; and that he
intended to call a Court of the said Fellowship so soon
as his Attendance in the Honourable the House of
Commons (of which he is a Member) may so far be
dispensed with; and, in the mean Time, commanded
the same Secretary of the said Fellowship to attend
your Honours with the Copy of the Charter of the
said Society, and also to annex a Copy of a Proposal
made by Order of the said Court, and formerly presented to your Lordships, in order to the Payment of
the Debts of the Seal of the said Fellowship.
"In Obedience to your Lordships Order of the 23th
of April, 1668, the Company of Merchants Adventurers do with all possible Sincerity profess, that they
most heartily desire that the Debts of their Seal may
be fully paid, both Principal and growing Interest;
and, after many long and serious Consultations, cannot find any Expedient that can possibly effect it,
without a Legislative Authority confirming the Company, and continuing the Trade, to and from all the
Ports and Places within the present Limits of the
Charter, beyond the Seas, to those of His Majesty's
Subjects only, who are, or hereafter shall be, Members of the said Company, and empowering them to
raise the Monies by the Ways and Means following;
in order whereunto they humbly propound, That
your Lordships will direct a Bill to be preferred in
Parliament for that Purpose; for the facilitating
whereof in its Passage, the Company will consent:
"First, That all His Majesty's Subjects whatsoever may be admitted to the Freedom of their
Society, on such Terms as the Parliament shall
"Secondly, That such of the said Company as
reside in the respective Ports may be free to
exercise a distinct Government, in the Regulation of their Trade of Exportation, without
being subject to any Rules or Ordinances of
any other Court of the said Company, either
on this Side, or beyond, the Seas; provided,
that they be obliged to send no Woollen Manufactures, but only to the Mart Towns that are,
or shall be, hereafter established by Consent
of His Majesty.
"Thirdly, That no Impositions, ordinary or extraordinary, shall be levied for the future, upon
any Woollen Manufactures that shall be exported.
"Fourthly, No Impositions upon Goods imported,
other than for Payment of the Debts of the
Company, and Support of their Charge of
the Government thereof, wherein also both
the Sum imposed for the Debt shall be distinguished from the Sum imposed for the
Charge of the Government, and the respective
Court shall be concerned only in Contribution
of the Charge of the Government of themselves, and not of any other Court.
"Fifthly, That an Imposition may be levied on all
Goods imported from the Limits aforesaid by
the Members of the said Company, in such
Proportion as the Parliament shall think fit, for
the Payment and full Discharge of the Principal and Interest at Four Pounds per Cent. from
passing the Bill of the Debt aforesaid; the Collection and Distribution whereof to be made
in such Way as may be most satisfactory to
the Creditors, by Payment to each Creditor
pro Rata, till the whole Principal be paid off;
and then either to pay the Interest according
to the Priority of the Security, or pro Rata,
as the Creditors shall like best, or your Lordships direct.
"Sixthly, And that One Court may not oblige
another, nor any such Inconvenience arise for
the future to any Creditors, that the Common
Seal of the Company may, by Act of Parliament, be made and declared incapable of contracting any Debt whatsoever."
Upon this, the said Thomas Harris being demanded,
"Whether he had brought the Charter of the Fellowship of the Hamborough Merchants with him?" He
answered, "That he had brought a Copy of it."
And he being asked, "In whose Custody the Original
Charter is?" He said, "He had it in his Custody."
Then being asked, "Why he did not bring it with
him?" He answered, "He could not do it without
the Order of the Company, he being under an Oath
as their Servant."
Charter of the Hamburgh Company to be brought to the House.
This House, not being satisfied with this Answer, did
order, That the said Thomas Harris shall immediately,
without further Delay, bring the said Original Charter
into this House; and in case this House be not sitting,
that then he deliver the same forthwith to the Clerk of
Then the said Thomas Harris was called in; and the
Speaker, by Directions of the House, declared to him
the aforesaid Order; and demanded his Answer thereunto, "Whether he would give Obedience to it or no?"
And he answered, "That he would obey their Lordships
ORDERED, That this House will consider further of
the Business concerning the Hamborough Company on
Thursday come Sevennight, the 29th Day of this Instant
No Committee to fit during the Adjournment.
ORDERED, That no Committees appointed by this
House shall fit during this Time of Adjournment.
Ly. Delawar, Privilege: Princhard and Willon released.
Whereas William Princhard and Henry Willson, Bailiffs,
now Prisoners by Order of this House, for a Breach of
Privilege of Peerage, and Privilege of Parliament, in forcibly entering the House of the Lady Dowager Delawarr,
and breaking open Doors, and inventorying her Goods,
and uttering vilifying Language against her, after [ (fn. *) they
were] forewarned that the said Lady Delawarr had Privilege of Peerage and Privilege of Parliament, were
this Day brought to the Bar, where they acknowledged
their Offences, and made their Submission to this House
for the same:
It is ORDERED, by the Lords Spiritual and Temporal
in Parliament assembled, That the said William Princhard
and Henry Wilson shall make their Application and Submission to the Lady Delawarr (as they have done to this
House), for their said Offences; and then they are hereby
discharged from any further Restraint for the same, paying their just Fees to the Officers of this House: And
this shall be a sufficient Warrant on that Behalf.
Noel versus Nelson, in Error.
Upon hearing of Counsel this Day at the Bar, upon
a Writ of Error depending in this House, in which Sir
Martin Noell and others are Plaintiffs, against William
It is ORDERED, by the Lords Spiritual and Temporal
in Parliament assembled, That this House will consider of
what hath been offered on either Part, on Tuesday the Third
Day of January next, at Ten of the Clock in the Forenoon.
Dominus Capitalis Justiciarius de Com. Placit. declaravit præsens Parliamentum continuandum esse usque in
diem Jovis, 29um diem instantis Decembris, hora decima
Aurora, Dominis sic decernentibus.
Hitherto examined by us,