House of Lords Journal Volume 12: 20 January 1671

DIE Veneris, 20 die Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

REX.

PRAYERS.

This Day the Lord Chief Justice of the Court of Common Pleas sat Speaker, in the Absence of the Lord Keeper.

Message from H. C. with Ld. Norris's Bill.

A Message was brought from the House of Commons, by Mr. Bartu and others; who returned a Bill to enable the making Conveyances of Part of the Estate of James Lord Norreys during his Minority; to which they concur, with some Amendments, and do desire their Lordships Concurrence therein.

The Earl of Essex reported, "That the Committee concerning the Hamborough Company have further considered the Order made between that Company and their Creditors."

Which Order was read, as follows:

Salmon versus Hamburgh Company.

"The Matter upon the Petition of Peter Salmon, Doctor in Physic, exhibited to the Lords Spiritual and Temporal in Parliament assembled, against the Governor, Assistants, and Fellowship, of the Merchant Adventurers of England (commonly called the Hamborough Company), and Sir Charles Lloyd Baronet, Sir Anthony Bateman Knight, Thomas Smith, Rowland Wynn, John Doggett, Henry Collier, Henry Smith, John Letbulier, Christopher Packe, George Witham, and others, Members of the said Company, and upon the Answer, Plea, and Demurrer, of the said Rowland Wynne, John Doggett, Henry Collier, and John Lethulier, put in to the said Petition (the said Governor, Assistants, and Fellowship, though several Times summoned, not appearing), being heard, at the Bar of this House, in the Presence of Counsel Learned on both Sides, the said Petition being an Appeal from a Dismission made in the High Court of Chancery of the Petitioner's Bill there; their Lordships, upon reading of the said Petition, the Answer, Plea, and Demurrer thereunto, and the said Dismission, and the Charters by which the said Governor and Fellowship are incorporated, and hearing what was alledged on both Sides, do order, That the Dismission, for so much as concerns the Company, be and do stand reversed; and that the Lord Chancellor, or Lord Keeper of the Great Seal of England, for the Time being, do retain the Bill, so far as the same concerns the said Company; and that the said Court of Chancery shall issue the ordinary Process of that Court, and, if Cause be, Process of Distringas thereupon, against the said Corporation; and that the Service of such Process upon the Governor, Deputy Governor, or the Treasurer, Clerk, or Secretary, of the said Corporation, for the Time being, shall be taken for a sufficient Service of the said Corporation, provided the said Process be served One Month before the Return thereof; and if, upon Return of the said Process, the said Corporation shall not file an Appearance, or shall appear and not answer, the said Bill shall be taken against them pro Confesso, and a Decree shall thereupon pass: But in case the said Corporation shall appear and answer within the Time aforesaid, the said Court of Chancery shall proceed to examine what the Plaintiff's just Debt is, and shall decree the said Company to pay so much Money as the same shall appear to amount unto, with reasonable Damages: And in case the said Corporation shall not pay the Sum decreed within Ninety Days after the Service of the said Decree upon their Governor, Deputy Governor, Treasurer, Clerk, or Secretary, for the Time being, the said Lords Spiritual and Temporal do further order, adjudge, and direct, That the Lord Chancellor, or Lord Keeper, for the Time being, shall order and decree, that the Governor, Deputy Governor, and the Four and Twenty Assistants of the said Company, or so many of them as by the Tenor of their Charters do constitute a Quorum for the making of Leviations upon the Trade or Members of the said Corporation for the Use of the said Company, shall, within such Time as by the said Lord Chancellor or Lord Keeper shall be thought sit, make such a Leviation upon every Member of the said Company as is to be contributory to the public Charge as shall be sufficient to satisfy the Sum to be decreed to the Plaintiff in that Cause, and to collect and levy the same, and to pay it over to the Plaintiff, as the Court shall direct; and such a Leviation is to be put into Writing, and signed with the Hand of the Governor; Deputy Governor, and Assistants, of the said Company for the Time being, or so many of them as by the Constitution of the said Charters do make a Quorum, and filed in the Register's Office of the Court of Chancery; and if the said Governor, Deputy Governor, and Four and Twenty Assistants, or so many of them as by the Constitution of the said Charters do make a Quorum, shall not make and return such Leviation as aforesaid, the Lord Chancellor or Lord Keeper may issue Process of Contempt against them as is usual against Persons in their natural Capacities; and if, by the Time to be limited by the said Court of Chancery, the said Money so assessed shall not be paid, then from thenceforth every Person of the said Company upon whom such a Leviation shall be made, shall be liable in the natural Capacity to pay his Quota or Proportion assessed; and the said Lord Chancellor or Lord Keeper is to order and decree, that such Process shall issue against every such Member so refusing or delaying to pay his Quota or Proportion, as is usual against Persons charged by Decree of the said Court for any Duty in their natural Capacity; and if the Total of the Sum so returned and filed with the Register shall not amount to so much as shall be sufficient to satisfy the Sum decreed, with respect had to such Persons as shall make it appear that they are overcharged, or ought not to be charged at all, then the Lord Chancellor, or Lord Keeper, for the Time being, may from Time to Time order that a new Leviation be made, and returned into the Register's Office of the Court of Chancery, of such Sum as shall be sufficient, by Way of Supplement, for that Purpose, to the Payment whereof every individual Person assessed is to be bound in such Manner as aforesaid."

ORDERED, That this House agrees to this Order, and orders the same accordingly.

Bill to prevent Delays in extending Statutes, &c.

Hodie 2^a vice lecta est Billa, "An Act for Continuance of a former Act, intituled, An Act to prevent Delays in extending Statutes, Judgements, and Recognizances."

ORDERED, That the Consideration of this Bill is committed to these Lords following:

Their Lordships, or any Five; to meet this Afternoon, at Three of the Clock in the Prince's Lodgings.

Walley and Cutler versus Cutler.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Cause upon the Petition of Robert Walley and William Cutler Junior, and the Answer of William Cutler Senior to the said Petition, now depending in this House, shall be heard, by Counsel on both Parts, at the Bar of this House, on Wednesday the One and Thirtieth Day of January Instant, at Ten of the Clock in the Forenoon; whereof timely Notice is to be given by the Petitioner to the said William Cutler Senior, or his Solicitor in the said Cause.

Ld. Berkeley Precedency.

ORDERED, That the Counsel of the Lord Berkeley of Berkeley, upon his Petition, shall be heard, at this Bar, on Friday the Twenty-seventh Day of this Instant January, at Ten of the Clock in the Forenoon.

ORDERED, That the Clerk of the Parliaments is hereby authorized to return to the Secretary of the Hamborough Company the original Charter of the said Company.

Bill against maiming and wounding.

The House was adjourned into a Committee, to consider further of the Bill to prevent malicious maiming and wounding.

The House being resumed;

The Lord Chamberlain reported, "That the Committee of the whole House have proceeded further in the Consideration of the Bill to prevent malicious maiming and wounding, but have not now Time enough to go through it; therefore the Committee desires this House would appoint another Time for the said Committee to meet again."

Whereupon it is ORDERED, That the said Committee of the whole House do sit again To-morrow Morning, to proceed further in the Consideration of the said Bill.

Adjourn.

Dominus Capitalis Justiciarius de Com. Placit. declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, 21^um diem instantis Januarii, hora decima Aurora, Dominis sic decernentibus.