DIE Veneris, 20 die Januarii.
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 (fn. *) Bolingbrooke
Vicecomes de Stafford.
|Ds. Arlington, One of the Principal Secretaries of State.
Ds. Berkeley de Berk.
Ds. Howard de Esc.
Ds. Howard de Cast Rysing.
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.
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:
Vicecomes de Stafford.
Their Lordships, or any Five; to meet this Afternoon, at Three of the Clock in the Prince's
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
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
Bill against maiming and wounding.
The House was adjourned into a Committee, to consider further of the Bill to prevent malicious maiming
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
Dominus Capitalis Justiciarius de Com. Placit. declaravit præsens Parliamentum continuandum esse usque in
diem Sabbati, 21um diem instantis Januarii, hora decima
Aurora, Dominis sic decernentibus.