DIE Jovis, videlicet, 19 die Junii,
Domini tam Spirituales quam. Temporales, quorum nomina subscribuntur, præsentes fuerunt:
Epus. Co. et Lich.
Epus. Bath. et Well.
|Ds. Coventrey, Ds. Custos Magni Sigilli.
Comes Marleborough, Magnus Thesaur. Angliæ.
Comes Maunchester, Præsidens Concilii Domini Regis.
Dux Buckingham, Magnus Admirallus Angliæ.
Comes Lindsey, Mag. Camerar. Angliæ.
Comes Arundellet Surr. Comes Marescallus Angliæ.
Comes Pembroc, Senesc. Hospitii.
Comes Mountgomery, Camerar. Hospitii.
Vicecomes Say et Seale.
Ds. St. John de B.
Ds. Stanhope de Har.
Ds. Stanhope de Sh.
Absent Lords excused.
EARL of Bedford,
Earl of Dorsett,
Dr. Hambden's Privilege.
Ordered, Valentyne Day to stay all his Proceedings
at Law against Dr. Hambden, His Majesty's Chaplain
in Ordinary, during the Privilege of Parliament.
Report of the Proceedings upon the Petition of the Creditors of the Muscovy Company.
The Lord Bishop of Norwich reported the Proceedings of the Lords Committees for Petitions upon the
Petition of the Creditors of the Muscovy Company.
"First, the Order made 27 May 1624, was read;
and his Lordship shewed how the said Order was no
Way performed. Then the Petition of Mannynge
and divers Creditors of the said Company, which was
exhibited nono Martii 1625, was read; and his Lordship shewed how the Company sought to defraud the
said Creditors of their Debts, by not performing
the former Order; and that, upon their Submission,
their Contempt was remitted; and another Order,
made 22 April 1626, which was also read; yet notwithstanding no Part of the said Order was performed.
"At this Parliament, the Creditors exhibited a new
Petition, complaining of the said Company's Neglect
of the said Order; and the Governor and others of
the Company being called before their Lordships,
they told them, they deserved to be punished for their
Contempts; whereat they desired their Accompts to
be audited; whereupon the said Committee appointed
Three for the Company, and Three for the Creditors,
to cast up the Accompts, and Alderman Ducie to rectify the same.
"By these Accompts (which were again referred to
the same Auditors), appeared the gross Juggling of
the Company to defraud the Creditors, making
strange Demands of Allowances.
"His Lordship read the several Accompts, and the
Reasons why the Lords Committees did defaulk Part
of their Demands, and what was rested upon each
Man's Head; which Accompts they thought fit should
rest with the Clerk.
"Then his Lordship read Mr. Alderman Ducie's Particular of divers Debts due for Leviations, Consulage,
and Impositions, by divers of the said Company, upon
their Subscription in Letter A, which were intended
to go to the Payment of the said Creditors, which
the Lords Committees also thought sit to remain
with the Clerk.
"And lastly, his Lordship read the Heads of an
Order conceived hereupon, by the said Committee."
All which the House well approved of; and their
Lordships passed the same by the general Vote of the
whole House, and commanded all the said Accompts,
and Particulars, and the Heads of the said Order,
to be delivered unto Mr. Serjeant Davenport, to
draw up an Order thereupon in due Form of Law,
that the same might be the more available for the said
The which Order was thus drawn up by the said
Serjeant, and read in the open House, 25 die Junii,
and allowed of by all their Lordships; and it followeth,
in hæc verba, videlicet,
Order for the Creditors of the Muscovy Company.
"Whereas Mrs. Mary Broccas did heretofore exhibit
her Petition unto the Right Honourable the Lords
Spiritual and Temporal of the Upper House of Parliament then assembled, thereby praying to be relieved of a Debt of One Thousand Pounds, which
she lent unto the Muscovia Company upon their Bond,
under their Common Seal, dated the 3d of June
1617, at Eight Pounds per Centum Interest; the which
Interest was paid her for a Time, but afterwards the
said Company had neither paid her any Part of the
Principal or Interest; and that her Proceedings at the
Common Law were staid by Pretence in that Petition
mentioned. And whereas the Lords Committees for
Petitions, etc. did call before them Mr. Alderman
Hamersley, the Governor, and divers Merchants free
of the said Company; and it appearing unto their
Lordships that the same was a due Debt, but that a
Controversy was between them what Merchants were
subject to the Payment thereof, and of other Debts
due by the said Company; and their Lordships having heard the Allegations of the said Merchants on
both Sides, and they all acknowledging the said Debt
to Mrs. Broccas, and agreeing that the same should
be presently paid; their Lordships, in the Presence
of the said Governor and Merchants, conceived an
Order therein, and reported the same to the House,
the 27th Day of May 1624, to the Effect following:
"That the Muscovia Company do bring in, to the
Treasurer of the said Company, by Midsummer-day
then next, their several and respective Leviations and
Assessments lastly made by the said Company, for
and towards the Payment of such principal Debts as
are owing by the said Company, upon their Common
Seal, for Monies borrowed at Interest of Strangers
not free of the said Company, whereof Mrs. Broccas
to be first paid her Debt, with Interest of Five Pounds
in the Hundred since the Time they forbore to pay
her Eight Pounds in the Hundred; and those that
have or shall pay their Leviation, according to the
Assessment aforesaid, shall stand discharged from Payment of any more; and they that shall refuse to pay
in their several Leviations, and the Executors or Administrators of those that are taxed by the said Leviation, refusing to pay their proportionable Leviation,
shall also stand forthwith committed, till they bring
in their said several Assessments. And for the Case
of Sir Richard Smith, Sir William Russell, Knights,
and William Cater, Esquire, who are taxed by the
said Leviation, which they alledge to be to them unjust, and their Case certified by the King's Counsel,
as they conceive, upon Reference from the Council
Board, to be different from the rest of the said Company, and thereupon to be freed from this Assessment; the said Sir Richard Smith, Sir William Russell,
Knights, and William Cater, Esquire, have exhibited
their Bill into the Exchequer Chamber, where the
same is now at Issue; and therefore we think fit, that
the said Sir Richard Smith, Sir William Russell, and
Mr. Cater, shall not be subject to the said Leviation,
until the said Cause have received a Hearing; and
they to deposite into the Court of Exchequer their
proportionable Assessments; and the other Part of
the Company to deposite also as much more in the
same Court, and no Fees to be paid by them when
the Money shall be taken out of the said Court; and,
if the Cause fall out against Sir Richard Smith, etc.
then they to have no Restitution; if otherwise, to
have Restitution from the other Part of the Company
against whom the Cause shall pass. And this was referred to the Court of Chancery, to see the Order
put in Execution accordingly, as by the said Petition,
Order, and Proceedings, remaining amongst the Records of this House, Relation being thereunto had,
may appear. And whereas another Petition was likewise heretofore exhibited unto the Right Honourable
the Lords Spiritual and Temporal of the Upper House
of Parliament then assembled, by Edward Manninge,
and others, complaining against the Muscovia Company, for Monies owing unto them from the said
Company, and after the Hearing of which Cause by
the Lords then Committees, the Earl of Bridgewater, upon Saturday the Two and Twentieth Day of
April 1626, reported to the House the said Petition;
and that, upon the full Hearing of the Cause, the
Lords Committees did think fit, That the last Order,
dated 27 May 1624, concerning the Muscovia Company and their Creditors, be performed; and all that
have the Common Seal to be paid out of the Leviation (excepting out of the Leviation such as have been
formerly excepted by Order of the Lords of the Privy
Council); and this to be performed with all Expedition
by the said Muscovia Company; and, for the better,
more easy, and sooner effecting thereof, their Lordships
did think it expedient, having heard several Allegations
and Replies on either Part, that all such as owe Leviations, or were behind, for their Impositions upon the
Muscovia or Greeneland Trade, might bring in what
they were in Arrear before the last Day of May then
next, or stand committed; and that Five Hundred
Pounds Legacy, given by Sir Thomas Smith, by express
Words in his Will, towards the Payment of the Old
Company's Debts (as was informed), might be likewise brought in, and divided amongst the Petitioners
by that Order; that the Treasurer of the Company
might receive the Monies as they shall be paid unto
the said Company, because they are many-times paid
in by small Sums; and an Account to be made every
Three Months; which being so made, then the Monies
to be paid in to the Clerk of the Parliament, who
shall have a Chest left with him by the Company, with
Two several Locks and Two several Keys to each of
them; the one Key he himself shall keep, and the
Creditors the other: That Mr. Alderman Ducie and
Mr. Alderman Johnson be joined to Benjamine Decro
and Mr. Ralph Hanson, to oversee, audit, and perfect
the Accounts, in the said Decro's Books, of all such
Monies, Leviations, and Impositions, as are to go towards the Payment of the Creditors Debts: That the
Creditors that have lent Money to the Company, and
for their Security have the Common Seal of the said
Company, shall have Five Marks Interest per Centum
pro Anno, since Midsummer-day 1624, till such Time as
those Debts be paid, according to the said Order of
Parliament, bearing Date 27 May 1624; and that the
said Benjamine Decroe be paid his Money accordingly,
but without any Interest; and that no Man receives
before other; but let the Money, as it shall be brought
in, be paid to the Petitioners, by equal Rates, according to their just Debts, until they be first satisfied:
And lastly, That Sir Henry Davis (who hath the
Common Seal for Money lent, and formerly had Judgement and Execution thereupon) attending at the Committee, and informing in Person the Lords of the
Committee thereof, although he be no Party to the
Petition preferred unto this House, may be concluded
within this Order, if your Lordships shall find good to
approve thereof, that he may, amongst the Petitioners,
have his due Debts paid by virtue of this Clause intended, and now offered to your Lordships Consideration."
All which was Ordered by the House, and referred to the Court of Chancery to see that Order
put in Execution accordingly, as by the same
last-mentioned Order of the 22d of April 1626,
remaining amongst the Records of the House,
Relation being thereunto had, may appear.
Cole et al. versus The Muscovy Company.
And whereas Richard Cole, and others, Creditors of
the Muscovia Company, have exhibited their Petition
unto the Right Honourable the Lords Spiritual and
Temporal in the Upper House of this Parliament now
assembled, thereby shewing, "That, according to the
Order thereunto annexed, being the last mentioned
Order of the Two and Twentieth of April 1626, and
to the same Petition annexed, they had solicited and
importuned the Governor and Treasurer of the Company for the Time being, Mr. Job Harby and Clement
Harby, Under-treasurers for the Company, and Mr.
Alderman Freeman, a principal Adventurer, from
whom there was much Money due, which ought to
go towards their Payment, for a due Performance
and Execution of the Order; some of whom had
slighted, and all of them neglected the same Order,
by neglecting all Manner of Prosecution which should
have been by them for gathering in of Monies, according to the Order, by denying to bring forth
their Books of Accompts, afterwards by not meeting
to agree those Accompts, sometimes wilfully hindering, and other Times diverting, the Petitioners Proceedings, so that no One Penny, of about Five Thousand Pounds due to the Petitioners, by these undue
Courses have been paid."
And whereas the Lords Committees, having often and
estsoons fully heard the same Cause at large debated,
and the several Allegations and Replies of each Part
therein, have made Report thereof to this House accordingly, as by the same, and the Proceedings in the
same Cause remaining amongst the Records of this
House, Relation being thereunto had, doth fully and
amply appear; now, upon due Consideration thereof,
and of the Premises, it is, this present Nineteenth of
June 1628, Ordered, by the Lords Spiritual and
Temporal, by and with one unanimous Vote and Consent;
"First, That the said formerly herein mentioned
Order, dated the 27th of May 1624, aforesaid, and
the other last Order formerly herein also mentioned,
dated the 22d of April 1626, as aforesaid, concerning
the Muscovia Company and their Creditors, be fully
performed. And for the said Job Harby, upon
whose Accompt there is due to the Creditors Six Hundred Thirty-eight Pounds, Five Shillings, Four Pence;
and Clement Harby, upon whose Accompt there is
due to the Creditors Two Hundred and Thirty
Pounds, Seventeen Shillings, Nine Pence; Mr. Francis Flyer, Treasurer for the Greeneland Adventurers,
from whom there is due One Thousand and Sixty
Pounds; Mr. Alderman Heylin, in whose Hands there
is, over and above Mrs. Broccas's Money, the Sum
of One Hundred Seventy and Seven Pounds, and
Two Shillings; Mr. Alderman Freeman, in whose
Hands there is Eleven Hundred and Threescore
Pounds, Three Shillings, and Six Pence; and Sir
Hugh Hamersley, now Lord Mayor of the City of
London, in whose Hands there is One Hundred and
Fifty Pounds, and Five Shillings; that every of them
the said Job Harby, Clement Harby, Mr. Francis
Flyer, Mr. Alderman Heyline, Mr. Alderman Freeman, and Sir Hugh Hamersley, the now Lord Mayor
aforesaid, their Executors, Administrators, and Assigns, severally and respectively, shall and do bring
in these several Sums of Money respectively thus
adjudged against him or them severally as aforesaid,
on or before St. James's Day next coming: And that
all such Persons as do owe Leviations, Impositions,
Debts, Consulage, or any other Monies, upon his
or their Subscription in Letter A, and the several
Executors and Administrators of them, and every of
them, shall and may severally and respectively bring
in what Monies they do respectively owe, or are in
Arrear, and shall pay the same accordingly by
Michaelmas Day and Candlemas next coming; or, in
Default thereof, respectively stand committed: And
that the Impositions and Consulage be continued upon
the Muscovia and Greeneland Trade, for and during
such and so long Time only, and until that all the
Debts of the said Company be fully paid; and the
same to be collected by a Treasurer, to be appointed
by the Company for the Payment of the Debts; and
all such Person and Persons, and the Executors and
Administrators of such (unless they shall, before the
Day of Payments, make Oath in Chancery, and
tender that their Oath unto the Lord Keeper or Lord
Chancellor for the Time being, That they neither
have, nor since Knowledge of this Order, had, in their
Hands, any Assets to pay all or any Part thereof),
as shall refuse or neglect to pay them within One
Month after Demand thereof made by the Treasurer,
or Treasurers, in that Behalf to be appointed by the
Company for the Time being, or his Servant respectively, from and after such Refusal or Non-payment,
to stand committed: And that the Monies now to be
paid by Mr. Alderman Freeman and the rest, upon
their Accompts, at the Time appointed them as aforesaid, be paid to Mr. Alderman Ducy: And that all
such Monies as shall hereafter be paid to the Treasurer or Treasurers of the Company, for the Time
being, for the Use of the Creditors, be, at the End
of every Three Months, brought into the Hands of
Mr. Alderman Ducie, with an Account of whom they
have received the same, with whom the Company
are required to leave a Trunk with Two Locks and
Keys to each of them; and the Creditors are to
keep one Key, and he another: And if Mr. Alderman Ducie shall happen to decease, then the Trunk
and Key to be delivered over to such one of the Aldermen of the City of London as the Creditors or the
greater Number of them shall chuse, to whom the
Monies from henceforth shall be likewise brought
in: And that Four Hundred Threescore and One
Pounds, Eight Shillings, Six Pence, due to Mrs. Broccas by a former Order, and remaining in Mr. Alderman Heylin's Hands, shall be paid forthwith to Mr.
Thomas Cotton, for her only Use; and that she cease
to trouble either the Lords Committees or the Court
of Chancery, or any other Person, for her Particular: And that the Creditors in the Petition and Order
of the 22d of April 1626, before mentioned, be first
paid their Debts according to that Order; and, after
they be paid, then the Right Honourable the Earl
of Devonshire and Mr. Alderman Deane, their Executors or Administrators, are to be paid their Debts
ratably, until they be next satisfied; and, after them,
then all the Creditors that have the Common Seal,
according to the former Orders: And the Muscovia
Company are hereby again required, and so are now
accordingly hereby Ordered, To prosecute the
Suit against Sir Richard Smith, Sir William Russell,
and William Cater, Esquire, with Effect; and to prosecute and perform this Order: And, if the Muscovia
Company do fail therein, then the Creditors may commence and prosecute Suit, in the Name of the Company; and the whole Charges of the said Suit shall
be born and paid by the said Company: And the
Lord Keeper, or Lord Chancellor, for the Time being
is hereby desired, That, upon Complaint at any Time
to be made unto him, and Oath made, of the wilful
breaking or not performing of all or any the Premises aforesaid, by any of the Parties whom it shall
or may concern, forthwith to send for the Party or
Parties so offending; and if, upon due Examination,
it shall or do appear that such Party or Parties have
broken and not duly performed this Order, then he
is to commit them to Prison, and hold them Prisoners
until they shall submit and duly perform what is
hereby Ordered and Enjoined."
This Day also was read the Petition of Clement and
Job Harby, Two of the said Company of the Muscovia
Merchants; humbly desiring, "That, after the Debts
of the Muscovia Company be paid, they may be allowed, out of their own future Impositions, the Sum
of Four Hundred Fifty-six Pounds, which they have
paid for Customs in Muscovia; for that the Consulage
and Impositions were set by the said Company, to the
Intent that the Payers thereof should be Custom-free
The which Petition is referred to the Earl of Bristol
and the Bishops of Norwich and Bristol, to mediate with
the Muscovia Company herein. But the said Impositions
are not to be continued for the Re-payment of the said
Four Hundred Fifty and Six Pounds unto the said Petitioners.
Commission for Advice to raise Money by Impositions, &c. canceled by the King.
The Lord Keeper reported, That His Majesty hath
caused the Commission, dated ultimo Febr. last, directed
unto Three and Thirty of His Privy Council, to advise
how to raise Money by Impositions, or otherwise, etc.
and the Warrant for the Seal to the same, which the
Commons complained of, to be canceled in His own
Presence. And his Lordship did openly shew the
said canceled Commission and Warrant unto all the
Message to the H. C. to shew the canceled Commission.
Whereupon a Message was sent to the House of
Commons, by Mr. Serjeant Davenport and Mr. Serjeant
Ayloff, To shew the said canceled Commission and Warrant unto the Commons, but to bring the same back
The Messengers returned, brought back the said
Commission and Warrant, with Thanks from the Commons to their Lordships, for their great Care herein.
Discovering and Repressing Recusants. Exped.
vice lecta est Billa, An Act for the Explanation of a Branch of the Statute, made in the Third
Year of the Reign of our late Sovereign Lord King
James, intituled, An Act for the better discovering and
repressing of Popish Recusants.
Put to the Question, and Exped.
Memorandum, This Bill was first reported fit to pass
by the Lord Archbishop of Cant.
Earl of Derby's Privilege.
Laughton to be committed.
Whereas Complaint was made to this House 28 Maii
last, against Abraham Laughton, for arresting of John
Moore, Servant to the Earl of Derby, contrary to the
Privilege of Parliament, and for his scornful Contempt
thereof; whereupon it was then Ordered, The said
Abraham Laughton to be brought to his Answer; forasmuch as the said scornful Contempt is proved by the
Oath of Nevill key and Roberte Dobson, sworn here at
the Bar, and examined by the Committee for Privileges;
and it is also proved by the Oath of Roberte Dallison
(who was sent with an order from the House to bring
the said Laughton before their Lordships), That he the
said Laughton doth of Purpose absent himself; it is this
Day Ordered, by the Lords Spiritual and Temporal
in this Parliament assembled, that the said Abraham
Laughton shall stand committed to The Fleet, for his scornful Contempt of the Privileges of this House.
A Copy of this Order was delivered to the Serjeant
Memorandum, That the Earl of Clare reported the
Examination of the said Nevill Key, Roberte Dobson, and
The King to be moved, That the Title to the Petition of Right may be added in the Print, and indorsed thereon.
The Lord Keeper and the Lord President are to move
the King, That the Title propounded by the Commons
may be added in the Print to the Petition of Right, and
that it may be indorsed thereon.
These Lords withdrew, to draw up Manwaring's Submission: videlicet,
Committee to draw up Dr. Manwaring's Submission.
The L. President.
E. of Bristol.
L. Viscount Say et Seale.
|L. Bp. of Lincoln.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum,
videlicet, diem Veneris, 20m diem instantis Junii, hora 3a,
Dominis sic decernentibus.