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House of Commons Journal Volume 12: 18 March 1698

Pages 163-165

Journal of the House of Commons: Volume 12, 1697-1699. Originally published by His Majesty's Stationery Office, London, 1803.

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Veneris, 18 die Martii;

10° Gulielmi Tertii.

Prayers.

Duties on Leather.

A PETITION of the Leather-dressers, Fellmongers, and Glovers, of the Town of St. Albans, and Watford, and Parts adjacent, in the County of Hertford, was presented to the House, and read; setting forth, That their Trades are so decayed by the Duty upon Leather, that they must lay down the same, or be ruined; and, besides, the Tax is inconsiderable to the Crown, though grievous to many Hundreds of poor People: And praying Relief therein.

Ordered, That the Consideration of the said Petition be referred to the Committee, to whom the Petition of the Aldermen, Stewards, and Company of Fellmongers, Leather-dressers, and Glovers, in the City of Chester, is referred: And that they do examine the Matter thereof; and report the same, with their Opinion therein, to the House.

Trade to Germany.

A Petition of the Justices of the Peace, and Grand Jury, from the General Quarter-Sessions of the Peace, held for the County of Gloucester the 11th Day of January 1697, was presented to the House, and read; setting forth, That the Decay of the Cloathing Trade is so great, that many Parishes pay 3s. in the Pound, out of their Land, to relieve the Poor, who formerly got a good Livelihood thereby; and this, as they are informed, is occasioned by the slow Payments from London to the Clothiers, and the Discouragement the Hamborough Company lies under, who, in former time, bought the Gloucestershire Cloths, paid ready Money, and saw that the Cloths were well made: And praying, That the Hamborough Company may be encouraged in their Trade to Germany, by such Methods as the House shall think sit.

Ordered, That the Petition do lie upon the Table until the Bill for supporting the Merchant-Adventurers of England in their Trade to Germany be read a Second time.

Bridgewater Bridge and Quay.

A Bill for the enlarging, preserving, and repairing, the Bridge and Key of the Borough of Bridgwater, in the County of Somersett, was, according to Order, read a Second time.

Resolved, That the Bill be committed to Mr. Palmer, Mr. Mountstevens, Sir Wm. Blackett, Mr. Hedger, Mr. Machell, Mr. Thornhagh, Sir Tho. Day, Mr. Harrison, Major Yates, Mr. Whitaker, Mr. Stevens, Mr. England, Mr. Maudit, Mr. Farrer, Mr. Blofeild, Mr. Osborne, Mr. Hoblyn, Sir Edward Seaward, Mr. Gwyn, Sir Tho. Day, Mr. Gardner, Mr. Henley, Mr. Mitchell, Mr. Crocker; and all the Members that serve for the Counties of Somerset and Devon: And they are to meet this Afternoon at Five of the Clock, in the Speaker's Chamber.

Colchester Channel.

Mr. Whitaker reported from the Committee, to whom the Bill to cleanse and make navigable the Channel from the Hithe at Colchester to Wivenhoo was committed, That they had made several Amendments to the Bill; which they had directed him to report to the House; which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same were once read throughout; and then a Second time, one by one: And, upon the Question severally put thereupon, some of them were disagreed to, and the Residue agreed unto, by the House: And other Amendments were made by the House to the Bill.

Ordered, That the Bill with the Amendments, be ingrossed.

Sheriffs Account.

Mr. Foley junior reported from the Committee, to whom the Bill for the more easy passing Sheriffs Accounts was committed, That they had made several Amendments to the Bill; which they had directed him to report to the House; which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same were once read throughout; and then a Second time, one by one; and, upon the Question severally put thereupon, agreed unto by the House.

A Proviso was offered to be added to the Bill, That the Sheriff of Westmoreland shall have the same Benefit in passing his Accounts as any other Sheriff hath:

And the same was twice read; and, upon the Question put thereupon, agreed unto by the House to be made Part of the Bill.

And other Amendments were made by the House to the Bill.

Ordered, That the Bill, with the Amendments, be ingrossed.

Leave of Absence.

Ordered, That Sir John Walter have Leave to go into the Country, upon extraordinary Occasions.

Ordered, That Mr. Whitaker have Leave to go into the Country, upon extraordinary Occasions.

Seizures upon Outlawries.

Ordered, That all the Members that serve for the Counties of Devon and Cornwall be added to the Commtitee, to whom the Bill for the speedier and more easy Discharge of Seizures in the Exchequer upon Outlawries, is committed.

Bishop of Chichester's Estate.

Ordered, That Mr. Daniell, Mr. Pinnell, Mr. Archer, Mr. England, Colonel Godfry, Mr. Harvey, Sir John Walters, Mr. Palmes, Mr. Rowney, be added to the Committee, to whom the ingrossed Bill, from the Lords, to enable John Lord Bishop of Chichester to make Leases of certain Houses and Grounds belonging to the Bishoprick of Chichester, situate in Chancery-lane, is committed.

Leave of Absence.

Ordered, That Sir William Strickland have Leave to go into the Country, upon extraordinary Occasions.

Ordered, That Mr. Baldwin have Leave to go into the Country for Three Weeks, upon extraordinary Occasions.

Call of the House.

Ordered, That the House be called over upon Monday Fortnight: And that such Members as shall not then attend, be sent for in Custody of the Serjeant at Arms attending this House, notwithstanding any Leave to be absent: And that Mr. Speaker do write Letters to the Sheriffs of the several Counties of this Kingdom, to summon such Members as are in their respective Counties, to attend upon Monday Fortnight.

Proceedings of Lords touching Duncomb's Punishment.

The Lord Marquis of Hartington reported, That the Committee appointed to inspect the Journals of the House of Lords, what Proceedings are therein, in relation to Mr. Duncomb, had inspected the Journals accordingly; and what he found therein, he read in his Place; and afterwards delivered in at the Table: Where the same was read; and is as followeth; viz.

1st March 1697.

A Message from the House of Commons, by the Lord Hartington and others, who brought up a Bill, intituled, An Act for punishing Charles Duncombe Esquire, for contriving and advising the making of false Indorsements of several Bills, made forth at the Receipt of Exchequer, commonly called Exchequer-Bills: To which they desire the Concurrence of this House.

Ordered, by the Lords Spiritual and Temporal, in Parliament assembled, That the abovesaid Bill shall be read on Friday next, at 12 of the Clock: And all the Lords summoned to attend.

4 Die Martii 1697.

Proceedings in Lords touching Duncomb's Punishment.

Hodie 1a vice lecta est Billa, intituled, An Act for punishing Charles Duncomb Esquire, for contriving and advising the making of false Indorsements of several Bills, made forth at the Receipt of Exchequer, commonly, called Exchequer-Bills.

After Debate, the Question was put, Whether this Bill shall be read a Second time.

It was resolved in the Affirmative.

Upon reading the Petition of Charles Duncomb Esquire, now Prisoner in the Tower of London, praying he may be heard by his Counsel at the Bar of this House, before any further Proceeding upon the Bill, intituled, An Act for punishing Charles Duncomb Esquire, for contriving and advising the making of false Indorsements of several Bills, made forth at the Receipt of Exchequer, commonly called Exchequer-Bills;

It is Ordered, by the Lords Spiritual and Temporal, in Parliament assembled, That he shall be heard by his Counsel on Friday the 11th Day of this instant March, at 12 of the Clock; after which the said Bill shall be read a Second time.

A Debate arising, Whether Counsel shall be heard for the said Bill;

It is Ordered, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Debate shall be adjourned till To-morrow at Twelve of the Clock: And all the Lords summoned to attend: And that the Clerks bring the Journal wherein the Proceedings on Sir Thomas Cook's Bill are entered.

5 Die Martii 1697.

Then the House resumed the adjourned Debate Yesterday, Whether Counsel shall be allowed for the Bill, intituled, An Act for punishing Charles Duncomb Esquire, for contriving and advising the making of false Indorsements of several Bills, made forth at the Receipt of Exchequer, commonly called Exchequer Bills.

After some time spent therein;

Lords Committees were appointed to prepare what shall be offered at a Conference, to be desired with the Commons, upon the Subject-matter of the said Bill.

7 Die Martii 1697.

The Earl of Rochester reported from the Committee appointed to prepare what shall be offered at a Conference, to be desired with the Commons, upon the Subjectmatter of the Bill, intituled, An Act for punishing Charles Duncomb Esquire, for contriving and advising the making of false Indorsements of several Bills, made forth at the Receipt of Exchequer, commonly called Exchequer-Bills; viz.

That the Lords having entered upon the Consideration of the said Bill, which they received from the Commons; and having read it the First time, and ordered it a Second Reading on Friday next; as also having appointed the said Mr. Duncomb to be heard by his Counsel the same Day, according to his Petition to that Effect; do observe, That the Matters of Fact, suggested in the said Bill, as the Ground and Foundation upon which it seems to have proceeded in the House of Commons, not appearing sufficiently before the Lords, their Lordships have desired this Conference, that they may have the Assistance of the Commons in laying the state of the said Matters of Fact more fully before their Lordships.

To which the House agreed.

A Message was sent to the House of Commons, by Sir John Franklyn and Sir John Hoskins, do desire a present Conference, in the Painted Chamber, upon the Subjectmatter of the Bill, intituled, An Act for punishing Charles Duncomb Esquire, for contriving and advising the making of false Indorsements of several Bills, made forth at the Receipt of Exchequer, commonly called ExchequerBills.

The Messengers sent to the House of Commons return Answer, That the Commons agree to a Conference as desired.

Ordered, That the Lords of the Committee be appointed Managers of the Conference.

The Commons being come; the House was adjourned during Pleasure: And the Lords went to the Conference: Which being ended, the House was resumed: And the Earl of Rochester reported, That they had delivered the Paper, as commanded.

10 Die Martii 1697.

Upon reading the Petition of Charles Duncomb Esquire, Prisoner in the Tower of London, praying, That he may have Liberty to attend at the Hearing of his Counsel To morrow, upon the Bill now depending in this House against him; and also, That he may have an Order for Witnesses then to attend;

It is Ordered, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Charles Duncomb shall be brought to this House To-morrow at 11 of the Clock in the Forenoon; and have an Order for his Witnesses, as desired.

It is Ordered, by the Lords Spiritual and Temporal, in Parliament assembled, That Charles Duncomb, now Prisoner in his Majesty's Tower of London, shall be brought to this House To-morrow at 11 of the Clock in the Forenoon.

To the Lord Lucas, Chief-Governor of his Majesty's Tower of London; and to the Deputy-Governor of the said Tower.

It is Ordered, by the Lords Spiritual and Temporal, in Parliament assembled, That Samuel Story, Jacob Sheldrake, Hanworth Fitch, John Francis, Francis Repett, and Tho. Painter, do attend this House, To-morrow at 11 a Clock, as Witnesses, to be examined on the behalf of Charles Duncomb Esquire.

A Message was brought from the House of Commons, by the Lord Hartington and others, to desire a Conference upon the Subject-matter of the last Conference: To which the House agreed.

Then the Commons were called in; and told, That the Lords agreed to a Conference, as desired; and appointed it to be at 12 of the Clock To-morrow, in the Painted Chamber.

11 Die Martii 1697.

The Commons being come to the Conference, the former Managers Names were read: Then the House was adjourned during pleasure: And the Lords went to the Conference: Which being ended, the House was resumed: And the Earl of Rochester reported, That they had attended the Conference; which was managed by the Lord Hartington; who acquainted the Lords, That they having desired at a Conference, That the Commons would acquaint their Lordships with the Matters of Fact, upon which the Bill, intituled, An Act for punishing Charles Duncomb Esquire, for contriving and advising the making of false Indorsements of several Bills, made forth at the Receipt of Exchequer, commonly called Exchequer-Bills, was grounded; the Commons had commanded him to acquaint their Lordships, That the said Bill was grounded as well upon Proof, as the Confession of Mr. Duncomb. As to the Confession; He was commanded by the Commons to affirm, in their Names, to the Lords, That Mr. Duncomb did in his Place confess, That he had those Bills of Mr. Decosta the Jew; and that, upon receiving those Bills, he told Mr. Decosta, there must be a Name set to them; and advised him to set his own, or that he might set another: He further confessed, That he paid them into the Exchequer. As to the Proof; Mr. Serjeant Wright and Mr. Dormer, being Counsel for the Bill, did produce several Persons, who did, in the Opinion of the Commons, make out the Allegations in the said Bill.

After Debate, the following Orders were made:

Whereas this Day was appointed for hearing Charles Duncomb Esquire against the Bill, intituled, An Act for punishing Charles Duncomb Esquire, for contriving and advising the making of false Indorsements of several Bills, made forth at the Receipt of Exchequer, commonly called Exchequer-Bills;

It is Ordered, by the Lords Spiritual and Temporal, in Parliament assembled, That he shall be heard by his Counsel, what he hath to offer against the said Bill, on Tuesday the 15th of this instant March, at 11 of the Clock: And that Mr. Serjeant Wright and Mr. Dormer have Notice then to attend, and to lay before this House what Evidence they think proper for proving the Allegations of the said Bill: And that they have Orders for what Witnesses they desire.

It is Ordered, by the Lords Spiritual and Temporal, in Parliament assembled, That Charles Duncomb Esquire shall be, and is hereby, remanded Prisoner to his Majesty's Tower of London.

To the Lord Lucas, Chief-Governor of his Majesty's Tower of London; and the Deputy Governor thereof.

It is Ordered, by the Lords, Spiritual and Temporal, in Parliament assembled, That Charles Duncomb Esquire, now Prisoner in his Majesty's Tower of London, shall be brought to this House on Tuesday the 15th Day of this instant March, at 10 of the Clock in the Forenoon.

To the Lord Lucas, Chief-Governor of his Majesty's Tower of London; and the Deputy-Governor thereof.

15 March 1697.

This Day Mr. Serjeant Wright and Mr. Dormer attended, as ordered the 11th Instant: and laid before this House what Evidence they thought proper for proving the Allegations in the Bill, intituled, An Act for punishing Charles Duncomb Esquire, for contriving and advising the making of false Indorsements of several Bills, made forth at the Receipt of Exchequer, commonly called Exchequer-Bills; and produced several Witnesses to that Purpose; who were heard at the Bar:

After which, Counsel being heard for Mr. Duncomb against the said Bill;

Hodie 2a vice lecta est Billa, intituled, An Act for punishing Charles Duncomb Esquire, for contriving and advising the making of false Indorsements of several Bills, made forth at the Receipt of Exchequer, commonly called Exchequer-Bills.

A Debate arising, and the Question being put, Whether this Bill shall be committed:

It was resolved in the Negative.

It is Ordered, by the Lords Spiritual and Temporal, in Parliament assembled, That the Bill, intituled, An Act for punishing Charles Duncomb Esquire, for contriving and advising the making of false Indorsements of several Bills, made forth at the Receipt of Exchequer, commonly called Exchequer-Bills, shall be, and is hereby, rejected.

It is Ordered, by the Lords Spiritual and Temporal, in Parliament assembled, That Charles Duncomb Esquire, now Prisoner in his Majesty's Tower of London, shall be, and he is hereby, discharged from the Imprisonment he now lies under: And this shall be a sufficient Warrant on that behalf.

To the Lord Lucas, Chief-Governor of his Majesty's Tower of London; and the Deputy Governor thereof.

Duncomb liberated by the Lords.

It appearing to this House, That Charles Duncomb Esquire, committed by this House to the Tower of London, is discharged by the Order of the House of Lords;

Committee to search for Precedents.

Resolved, Nemine contradicente, That a Committee be appointed to search Precedents, in what manner this House, in like Cases, have asserted their ancient Rights and Privileges:

And it is referred to Lord Marquis Hartington, Mr. Pelham, Mr. Chancellor of Exchequer, Mr. Bromley, Mr. Boyle, Mr. Brotherton, Mr. Poultny, Lord Spencer, Sir Jos. Jekyll, Mr. Moyle, Sir Edward Seymour, Mr. Morris, Mr. Solicitor-General, Mr. Molesworth, Lord Cavendish, Lord Pawlet, Sir Wm. Lowther, Mr. Colt, Mr. Dolben, Mr. Methwen, Mr. Boscawen, Mr. Lowndes, Sir Walter Yonge, Colonel Godfry, Sir John Walters, Mr. Clark, Mr. Harley, Mr. Sloane, Lord Ashley, Mr. Attorney-General, Sir Tho. Littleton, Sir Henry Hobart, Sir Godfry Copley, Sir Marm. Wivell, Sir John Bolles, Sir Wm. St. Quintin, Sir Rowland Gwyn, Mr. Bercie, Mr. Arnold, Mr. Montague, Sir Isaac Rebow, Lord Cutts: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chamber; and to sit de die in diem; and in a Morning, during the Sitting of the House.

Supply Bill; Land Tax.

The House, according to the Order of the Day, resolved itself into a Committee of the whole House, to consider further of the Bill for granting to his Majesty an Aid by a Land-Tax, for one Year, to raise Money for disbanding Forces, paying Seamen, and other Uses therein mentioned.

Mr. Speaker left the Chair.

Sir Thomas Littleton took the Chair of the Committee.

Mr. Speaker resumed the Chair.

Sir Thomas Littleton reported from the said Committee, That they had made a further Progress in the Matter to them referred; and had directed him to move, That they may have Leave to sit again.

Resolved, That this House will, upon Tuesday Morning next, resolve itself into a Committee of the whole House, to consider further of the said Bill.

Committees.

Ordered, That all Committees be revived.

And then the House adjourned till To-morrow Morning, Nine a Clock.