House of Lords Journal Volume 16: 11 March 1698

DIE Veneris, 11 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Howard & al. Execators of Ly. Howard, versus Marq. of Douglas.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Cause wherein Henry Howard and Henry Hardeswell, Executors of Frances late Countess of Portland, are Appellants, and James Lord Marquis of Douglas of the Kingdom of Scotland Respondent, on Monday the One and Twentieth Day of this Instant March, at Eleven of the Clock in the Forenoon.

Arbitration Bill.

The Earl of Bridgewater reported from the Committee, the Bill, intituled, "An Act for determining Differences by Arbitration," as fit to pass, with some Amendments.

Which, being read Twice, were agreed to; and the Bill ordered to be engrossed, with the said Amendments.

Sir R. Hare' Bill.

The House being informed, "That the Petitioners Thomas Barrow and Alice Hare, who were heard by Counsel against Sir Ralph Hare's Bill depending in this House, are now agreed, and desire the same may pass:"

Hodie 2^a vice lecta est Billa, intituled, "An Act for the better enabling Sir Ralph Hare to make a Jointure, and settle his Estate, and raise Portions and Maintenances for his Younger Children."

ORDERED, That the Consideration of the said Bill be committed to the Lords following; (videlicet,)

Their Lordships, or any Five of them; to meet on Monday next, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Report of the Conference concerning the Reasons which induced the Commons to pass the Bill for punishing Duncomb:

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. Da Costa the Jew; and that, upon receiving those Bills, he told Mr. Da Costa, 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:

Counsel to be heard for and against the Bill;

"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 Fifteenth Day of this Instant March, at Eleven 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."

and Duncomb remanded.

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 Fifteenth Day of this Instant March, at Ten of the Clock in the Forenoon.

To the Lord Lucas, Chief Governor of His Majesty's Tower of London, and the Deputy Governor thereof."

Burgh's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for settling certain Lands in Essex on Thomas Burgh Esquire and his Heirs, in Lieu of other Lands, of greater Value, conveyed by him according to a Decree, and the Will of Sir Samuel Jones deceased."

No Person to be at the upper End of the House when Causes are heard.

The House this Day taking Notice of Disorders which of late have happened, by divers Persons being suffered to be present at the upper End of the House, when Causes have been hearing at the Bar:

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That, for the future, no Person whatsoever (except those who have a Right so to do) shall be permitted to come in or stay at the upper End of this House, at the Hearing of any Cause whatsoever: And it is further ORDERED, That the Door-keepers do take special Care herein, as they will answer the contrary at their utmost Perils.

Lloyd versus Tym & al.

A Petition and Appeal of Elizabeth Lloyd Widow was offered, and read; and it not coming in Time, according to the Orders of this House, these Lords following are appointed a Committee, to consider whether the said Petition is fit to be retained in this House; whose Lordships, having considered thereof, and heard the Respondents to the Appeal, are afterwards to report their Opinion thereupon to this House:

Their Lordships, or any Five of them; to meet on Wednesday next, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Clothiers of Essex for Woollen Bill.

Upon reading the Petition of the Clothiers of Bocking, Braintree, Coggshall, Witham, Dunmow, Stebbing, and the Towns adjacent, in the County of Essex, in Behalf of themselves and others; praying, "That the Bill, intituled, An Act to encourage the Woollen Manufacture in England, and to restrain the Exportation of Woollen Manufactures from Ireland into any Foreign Parts, and for the better preventing the Exportation of Wool from England and Ireland, may pass:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners shall be heard, by their Counsel, what they have to offer for the said Bill, on Wednesday the Seventeenth Day of this Instant March, at Ten of the Clock in the Forenoon.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, (videlicet,) duodecimum diem instantis (fn. 1) Martii, hora undecima Auroræ, Dominis sic decernentibus.