House of Lords Journal Volume 3: 19 June 1628

DIE Jovis, videlicet, 19 die Junii,

Domini tam Spirituales quam. Temporales, quorum nomina subscribuntur, præsentes fuerunt:

Absent Lords excused.

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 Creditors.

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: videlicet,

"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;

Order.

"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."

Harby's Petition.

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 in Muscovia."

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 Lords.

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 again.

Answer.

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.

Hodie 3^a 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.

Moore's Arrest.

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 at Arms.

Memorandum, That the Earl of Clare reported the Examination of the said Nevill Key, Roberte Dobson, and Roberte Dalloson.

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.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, diem Veneris, 20^m diem instantis Junii, hora 3^a, Dominis sic decernentibus.