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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A51021 Mr. Duncomb's case 1698 (1698) Wing M2263; ESTC R221885 5,856 1

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Mr. DUNCOMB's CASE MR. Duncomb is Accus'd by Bill in the following Words And whereas it appears as well by Proof as by the Voluntary Confession of Charles Duncomb Esq late Cashier of His Majesty's Revenue of Excise openly made in the House of Commons That the said Charles Duncomb is guilty of Contriving and Advising 〈◊〉 making of false Endorsements of several of the said Bills and paying the same into the Receipt of Exchequer as if Receiv'd for Excise whereas he well knew that the said bills had not been Receiv'd for the said Duty in great Deceit of His Majesty and corruptly making an Unlawful Gain to himself B● it therefore Enacted by the King 's Most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by the Authority of the same That be the said Charles Duncomb shall as a just Punishment for such his High Crimes and Misdemeanours forfeit to His Majesty His Heirs and Successors Two Third Parts of all his Mannors Lands Tenements and Hereditaments which he or 〈◊〉 Person or Persons in trust for him was or more seiz'd of upon the 25th Day of January 1697. or any time since and Two Third Parts of all his Goods and Chattels which be or any other for him was or were possess'd of or to which he had Right the said 25th Day of January or at any time since and shall be for ever hereafter uncapable of having or holding any Office or Place of Profit or Trust under His Majesty His Heirs or Successors The Accusation consisting of Facts ●apable of Proof he humbly hopes That a Bill of this extraordinary Nature with such high Penaties will not pass in the House of Peers unless the Crimes and Facts alledg'd can be fully made 〈◊〉 As to the Voluntary Confession upon which the Bill is founded he hopes as an English-Man and a Freeholder in this Kingdom That he shall have the Right done him to have this Allegation in the Bill fairly examin'd and wel prov'd for according to the best Recollection he is able to make he doth not believe that any Concern he might be in at that time could so deprive him of his Reason as to acknowledge himself Guilty of That which is neither true in it self nor supported by any Proof And as an Inducement to pass the Bill and as an Aggravation of his Crime he was Accus'd at the Bar of the House of Commons to have been the first who brought a Disreputation upon Exchequer Bills But when the Facts alledg'd against him shall be thoroughly look'd into and when the Witnesses both for and against him shall be Examin'd upon Oath he hopes there will appear sufficient Reasons not to pass the Bill As to his being the first who brought Discredit upon the Exchequer Bills the contrary will be evident to such as consider that before the Fact of which he is Accus'd viz. about the end of March last The Treasury had Con●●●cted with Mr. D' Acosta and others to remit Fifty Thousand Pound Sterling to Flanders for which they Received Fifty Thousand Pound in Exchequer Bills taking the Bills of Mr. D' Acosta and ●hose concern'd with him at double Usance and at Nine Guilders Ten Stivers for the Pound St●rling which will be found to be a Discompt of about Sixteen per Cent. And they who understand the Exchange know that this was the first Wound that was given to Exchequer Bills And when Mr. D' Acosta could part with Exchequer Bills at 5 per Cent. Discompt he gave his Bills in Flanders for Ten Guilders Eight Stivers which was 9 per Cent. more than he gave before and so much was clearly sav'd to the Publick The Transactions of Private Men could not hurt the Credits of Exchequer Bills so much as what was done by Authority and upon Inquiry the Lords may be satisfy'd that the Fifty Thousand Pound about the latter end of March was so Remitted tho the Act appropriates the first Two Hundred Thousand Pound for Payment of Quarters in England which Bills for Quarters were not issu'd out till the 〈◊〉 of 〈◊〉 of May The Fact in Mr. Duncomb's Case plainly stands thus He was Receiver-General or Cashier of the Excise and on the 7th of May last he was Dismiss'd from his Employment at which time there remain'd in his Hands Sixteen Thousand Four Hundred and Twenty Six Pounds Four Shillings and Six Pence Half-penny and no more 〈◊〉 was paid thus   l. s. d. At the Excise-Office in Money 4120 16 11 May 8th At the Exchequer by Orders in Course at Mr. Palmes's Office 3022 13 06 12th At the Exchequer in Bills receiv'd in the Excise 1397 l. 09 s. 5 d. In Bills had of Mr. D' Acosta 7884l 09 s. 6 d. In Money 0000 l. 15 s. 2 d. 9282 14 01 Total 16426 04 06 Mr. Duncomb took it That the Law did sufficiently warrant him to Pay the Ballance of his Accompt which was to be paid into the Exchequer in Exchequer Bills And in his Proceedings he was guided by the written Letter of the Law and by the Act Intituled An Act for making good the Deficiencies of several Funds therein mention'd and for enlarging the Capital Stock of the Bank of England and for raising the Publick Credit which Act is recited in a Proclamation bearing Date the 23d of April the Words of the Act are as follows To the End the said Bills may be of more general Vse as well for the Occasions of the VVar as for the Publick Commerce and Trade It is Enacted That the said Bills shall be Receiv'd and Taken not only by Receivers or Collectors of the Taxes or Supplies granted or to be granted for the War for the Year 1697. but shall also pass and be current to all and every the Commissioners Receivers or Collectors of any Revenue Aid Tax or Supply whatsoever already granted or that shall or may be granted during this present S●ssion of Parliament either for the War or any other Vse and also at the Receipt of the Exchequer from the said Commissioners Receivers or Collectors or from any other Person whatsoever making any Payments there to His Majesty upon any Accompt whatsoever Which Clause in the Act and Proclamation Mr. Duncomb believ'd did and would justifie him in paying the Ballance of his Accom●t with those Bills And upon the 12th of May when he went to Mr. Peters at the Exchequer to make his Payment of Nine Thousand Two Hundred and Eighty Two Pounds Fourteen Shillings and a Penny he told him the Difference of those Bills viz. Tax One Thousand Three Hundred and Ninety Seven Pounds Nine Shillings and Five Pence had actually pass'd the Revenue as did appear by their Endorsement and that the other Seven Thousand Eight Hundred and Eighty Four Pounds Nine Shillings and Six Pence had not pass'd the Revenue being not Endors'd in the same manner and having only a Name whereupon Mr. Peters did