House of Lords Journal Volume 12: 20 December 1670

DIE Martis, 20 die Decembris.

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.

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 this House?"

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 following:

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 England,

"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.

"Tho. Harris.

"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 think fit.

"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 the Parliaments.

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 Order."

ORDERED, That this House will consider further of the Business concerning the Hamborough Company on Thursday come Sevennight, the 29th Day of this Instant December.

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. 1) 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 Nelson Defendant:

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.

Adjourn.

Dominus Capitalis Justiciarius de Com. Placit. declaravit præsens Parliamentum continuandum esse usque in diem Jovis, 29^um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined by us,

Dorsett.
J. Bridgewater.
Craven.
Seth Sarum.
Chandos.