House of Lords Journal Volume 16: 8 June 1698

DIE Mercurii, 8 Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Escapes from Gaols, &c. to prevent, Bill, for Relief of Creditors.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the further Relief of Creditors in Cases of Escapes, and for the further preventing Escapes and other Abuses in the Keepers of Gaols."

Relief of Creditors, in Cases of Bankrupicy, Bill to repeal the Act for.

The House was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for Repeal of an Act made the last Session of Parliament, intituled, An Act for Relief of Creditors, by making Compositions with their Debtors, in case Two Thirds in Number and Value do agree."

The House was resumed.

ORDERED, That the House be put into a Committee again, on the said Bill, To morrow Morning, at Eleven of the Clock, the First Business.

Message from H. C. with Articles of Impeachment against Dumaistre and Aurioll.

A Message from the House of Commons, by Sir Rowland Gwyn and others:

Who brought up Articles of Impeachment against John Dumaistre and John Aurioll, which were read as follows; (videlicet,)

"Articles of Impeachment, exhibited by the Knights, Citizens, and Burgesses, in Parliament assembled, in the Name of themselves and of all the Commons of England, against John Dumaistre and John Aurioll, in Maintenance of the several Impeachments against them, for high Crimes and Misdemeanors.

"First Article. That the said John Dumaistre and John Aurioll, not weighing or considering the Protection and Privileges they have enjoyed under this Government, nor any Ways regarding the many good and wholesome Laws and Statutes made for encouraging the Manufactures, and preventing the Exportation of the Coin and Wool of this Kingdom, and the holding Correspondence with France during the late War; but minding and intending, for their own private Lucre and Advantage, to render all those good and beneficial Laws of no Force or Effect; did, between the Four and Twentieth Day of August which was in the Year of our Lord One Thousand Six Hundred Eighty-nine, and the Tenth Day of September which was in the Year of our Lord One Thousand Six Hundred Ninetyseven, associate, combine, and consederate, with Stephen Seignoret, John Goudet, Ferdinand Ravand, Peter Barrailleau, and divers other evil-disposed Persons, to carry on a Traffic with France during the late War, thereby to exhaust the Treasure of this Nation, to lessen the Value of the native Commodities, and to destroy the Manufactures thereof, to the general Detriment of this Kingdom.

"2. That, to compass and effect these their pernicious Designs and Intentions, they the said John Dumaistre and John Aurioll did, during the said War, set up and carry on a Correspondence with several Persons in France.

"3. That they the said John Dumaistre and John Aurioll did, during the said War, import, and cause to be imported, into this Kingdom, several great Quantities of Goods and Commodities of the Growth, Product, and Manufacture of France.

"All which said Crimes and Offences were contrived, committed, perpetrated, and acted, against His Majesty, His Crown and Dignity; and the said John Dumaistre and John Aurioll did severally, voluntarily, and wilfully, contrive, commit, perpetrate, and act, the said Crimes and Offences, contrary to the Duty of their Allegiance, and against the Peace of our Sovereign Lord the King, His Crown and Dignity, and to the common Nuisance of all His Majesty's liege People, and against the Good and Welfare of the whole Kingdom, and in open Violation of, and contrary to, the known Laws and Statutes of this Realm.

"And the said Knights, Citizens, and Burgesses, by Protestation, saving to themselves the Liberty of exhibiting, at any Time hereafter, any further Articles or other Accusations or Impeachments against the said John Dumaistre and John Aurioll, and either of them; and also of replying to the Answers that the said John Dumaistre and John Aurioll, and either of them, shall make unto the said Articles, or any of them, and of or in Proof of the Premises, or any other Articles, Impeachments, or Accusations, that shall be exhibited by them, as the Cause shall, according to the Course of Parliament, require; do pray, that the said John Dumaistre and John Aurioll be put to answer the said Crimes and Misdemeanors; and that such Proceedings, Examinations, Trials, and Judgements, may be upon the said John Dumaistre and John Aurioll, and either of them, had and used, as is agreeable to Law and Justice."

Dumaistre and Auriol attached.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod attending this House do forthwith take into his Custody the Bodies of John Dumaistre and John Aurioll, and keep them in safe Custody, until further Order of this House; and this shall be a sufficient Warrant on that Behalf.

To Sir Fleetwood Sheppard, Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.

Report concerning Place for Trials of Goudet, &c:

The Earl of Stamford reported from the Lords Committees appointed to consider the Message from the House of Commons, desiring a convenient Place may be appointed for the Managers of the Impeachments against John Goudet and others, as is usual, "That they have perused the Journals; and find, that Sir Edw'd Herbert 2^d March 1641, the Lord Viscount Mordaunt 21° Januarii 1666, George Benyon 5° April 1642, the Lord Mayor 19° Julii 1642, and the Archbishop of Canterbury 4° Martii 1643, were impeached by the House of Commons; but not any Message sent to this House from the Commons, on any Impeachment, of the Nature of the present Message; nor that any Place hath been appointed, upon any Trial, for the Managers of the House of Commons; but that they stood at the Bar of this House."

After Consideration hereof;

Message to H. C. concerning it:

A Message was sent to the House of Commons, by Sir Miles Cooke and Sir John Francklyn:

To acquaint them, that this House hath considered of their Message of the Sixth Instant, to desire a convenient Place may be appointed for the Managers of the Impeachments against John Goudet and others, as is usual: And their Lordships, having looked into Precedents, do find, that, at Trials upon Impeachments at the Bar of the House of Lords, the Committee of the House of Commons appointed to manage the Evidence have always come to the Bar of the House, without any other Provision for them: And their Lordships intend to proceed in the same Manner as hath been usual at all Trials within their House.

Message from H. C. to deser the Trials:

A Message was brought from the House of Commons, by Mr. Boyle and others:

To acquaint this House, that, by reason of extraordinary Business, their House cannot be ready To-morrow, to prosecute the Impeachments against John Goudet, David Barrau, Peter Longueville, Stephen Seignoret, Reney Baudowin, Nicholas Santini, Peter Diharce, and John Pearse; and to desire that their Lordships will appoint some other Day for the Trial of the said Persons upon the said Impeachments.

Goudet & al. Trials deserred.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That John Goudet, David Barrau, Peter Longueville, Stephen Seignoret, Reney Baudowin, Nicholas Santini, Peter Diharce, and John Pearse, shall be tried, at the Bar of this House, on Thursday the Sixteenth Day of this Instant June, at Eleven of the Clock.

Trade to Africa, Bill for settling.

Whereas this Day was appointed for the House to be put into a Committee upon the Bill, intituled, "An Act to settle the Trade to Africa:"

It is ORDERED, That the House shall be put into a Committee thereupon, To-morrow, at Eleven of the Clock.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, (videlicet,) nonum diem instantis Junii, hora undecima Auroræ, Dominis sic decernentibus.