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The third may be, when it so falls out, that it lyes not in his power that made the promise to performe it. In which case a man ought to imitate the good debter, who having not wherewithall to pay, hides not himself, but presents his person to his creditor, willingly suffering imprisonment.
In the meane time, this man, whose debter the Frenchman had stollen away, went to the Bassa with the supplication, by whose meanes, and force of the Castle, the Englishmen were constrained to returne into the port, where the Frenchman, author of the euill, with the Master of the ship an Englishman, innocent of the crime were hanged, and sixe and twentie Englishmen, cast into prison, of whom through famine, thirst, and stinke of the prison, eleuen died, and the rest like to die.
12 Also it will please his highnesse to vnderstand that the Queenes most excellent Maiestie, at the earnest sute and request of Andrea Sauin his Maiesties Ambassadour, did not onely pardon and forgiue Thomas Glouer his great and grieuous offences towards her highnesse committed, onely for his Maiesties sake, but also commanded sir William Garrard with his company, to deale fauourably with the said Glouer in his accompts, to whom he was indebted greatly, and being their seruant, detained their goods in his hands a long time: whereupon the said sir William Garrard with his company counted with the said Glouer, and ended all things euen to his saide contentation, and was found to bee debter to the said company 4000. rubbles and aboue, and bound himselfe both by his solemne othe, and his hand-writing, to pay the same immediately after his returne into Russia with the said Andrea Sauin, vnto Nicholas Proctor chiefe Agent there, for the said company of merchants.
For a stranger can take no notice of their private Lawes, but considereth them as so many particular men, obliged every one to the whole payment, till payment made by one dischargeth all the rest: But if the debt be to one of the Company, the creditor is debter for the whole to himself, and cannot therefore demand his debt, but only from the common stock, if there be any.
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