to no less than 12,000l. So that Scotland, instead of being eased by this Bill, is doubly loaded and restrained in her trade upon account of this distinction; and all the bounties upon exportation, payable now there by law, are rendered precarious; and consequently this tax should not, in our opinions, have been imposed. 8. "Because the subjects are laid under grievous penalties by this Bill, the incurring of which cannot, in many cases, be prevented, notwithstanding the strictest care; whereby the most innocent may be subjected to the discretion and mercy of the commissioners and officers of the revenue, wherein the greatest partiality may be exercised. of Derwentwater, with all the arrears thereof from his attainder, for 1,2011. 1s, without due notice of time or place for exposing such annôity to sale, and without the presence of a sufficient number of Commissioners and Trustees, as required by the Act appointing such Commissioners and Trustees. 2. That William Sunith, esq. did on the 11th day of July 1723, for the consideration of 1,060l. contract for an Estate of Jaines late earl of Derwentwater, mentioned, in a particular published by the said Commissioners and Trustees, to be of the annual value of 5,0187.subject to the annuities and incumbrances in the said particular mentioned, and to be sold during the continuance of an estate in tail-male, vested in Charles Ratcliffe 9. "Because all taxes which require a mul-in remainder, expectant on the death of John titude of officers to be employed in collecting them, and which give thereby both occasion and pretence to quarter numbers of useless subjects on the labour and industry of others, become so chargeable and oppressive, that they are hardly borne in the most arbitrary governments; and that they seem repugnant to the very nature of a government constituted like ours. The sole expence of levying this tax, added to the interest which must be paid for loans made on the credit of it, will appear, on a fair calculation, sufficient to discharge, in a competent number of years, the principal and interest of the whole sum for which the supply is given. In point of good husbandry therefore, we think, that a tax of this nature should be rejected in any country where reason is not subdued by force, and where private will has not been yet received for law; but in a limited monarchy, like this of Great-Britain, where the powers of the constitution are divided and balanced, and yet the whole executive power is intrusted to the prince, we apprehend, that these frequent and great augmentations of the number of officers appointed, directed and paid by the authority of the crown, though employed in collecting and managing revenues, which are no part of the revenue of the crown, ought to be esteemed dangerous to public liberty, and for that superior reason to be eternally avoided.(Signed) Bridgwater, Shaftesbury, Carteret, Bathurst, Winchelsea and Nottingham, Coventry, Tweedale, Strafford, Northampton, Gower, Ker, Scarsdale, Warrington, Litchfield, Tadcaster, Bristol." Resolutions of the Commons on the Report relating to the fraudulent Sale of the Earl of Derwentwater's Estate.] March 30. The Commons took into consideration the Report from the Committee, to whom all the Books, Instruments, and Papers, relating to the Sale of the estate of James, late earl of Derwent. water, were referred, and came to the following Resolutions: 1. "That it appears to this House, that on the 30th of July, 1723, Matthew White, esq. was declared the purchaser of an annuity of 2001. during the life of Charles Ratcliffe, issuing out of the estate of James late earl Ratcliffe under age, and without issue-male, which contract was, on the 30th of the same July, vacated and torn out of the Book of Contracts, and a new one. then procured and dated as on the 11th, by which the said William Smith not only obtained the said remainder in tail, but also the reversion in fee of the said Estate for the same sum of 1,060l. although a sufficient number of Commissioners and Trustees, as required by act of Parliament, was not present either on the 11th or 30th of the said July, nor had any notice been given of exposing to sale the reversion in fee of the said Estate. 3. That Matthew White and William` Smith, esqs. were present on the 30th of the said July, when Samuel Allen, secretary to the said Com missioners and Trustees, signed the names of sir Thomas Hales and sir John Eyles to the respective pretended contracts, made with the said White and Smith on the said 30th of July, when no Commissioner and Trustee, but Dennis Bond, esq. and John Birch, serjeant at law, were present. 4. That the contracting for the sale of the aforesaid Estates, by a less number of the Commissioners and Trustees than four, and the not giving 15 days notice at least of such sales, was a manifest violation of the act of Parliament for the sale of the said Estates, highly injurious to the public, and a notorious breach of the trust reposed in such Commissioners and Trustees." A Bill ordered in for making void the said Sule.] Upon these Resolutions it was ordered, "That leave should be given to bring in a Bill to declare and make void the several contracts, and the conveyances made in pursuance thereof, of the Estate of James late earl of Derwentwater, to William Smith, esq. and also of the annuity of 2001. during the life of Charles Ratcliffe, with the arrears thereof, to Matthew White, esq." After this the House resolved, nem. con. "That any Commissioner and Trustee, appointed by the said act of Parliament, directing or permitting the secretary of the Commission, or any other person, to sign the name of any absent Commissioner and Trustee, in order to make up the number of Commissioners and Trustees required by the said Act, to any sale contract, or other proceedings, was guilty of a larity; and ordered to be Reprimanded by Mr. Speaker.] Then that part of the Report which related to sir John Eyles, member for London, Then a motion was made to resolve, "That was read, and the recital of a Conveyance enany absent Commissioner and Trustee ap- tered into a Book belonging to the said Compointed by the said act of Parliament, impower-missioners and Trustees was read; then it was ing any person to sign his name for him, in resolved, "That he was guilty of a great Irreorder to make up the number of Commissioners gularity as a Commissioner and Trustee for and Trustees required by the said Act, to mat- Sale of the forfeited Estates for the use of the ters of form in proceedings under the said Act, public, by empowering Mr. Samuel Allen, sewas guilty of a great irregularity in the execu-cretary of the commissioners and trustees for tion of the said Act." But many members being of opinion, That it was as great a violation of the Act, and as high a breach of trust, for any absent Commissioner to impower any person to sign his name for him, in order to make up the number of Commissioners required, as it was for any Commissioner present to direct or permit any other person to sign the name of any absent Commissioner, in order to make up the number of Commissioners present; the said motion was warmly opposed: however, after a long debate, the question was put, and it was carried for the motion, by 175 votes against 140. Dennis Bond, esq. and Serj. Birch expelled the House. That part of the Committee's Report, which related to Dennis Bond,* esq. member for Pool, being read, it was resolved That he was guilty of a notorious breach of trust, as a Commissioner for Sale of the forfeited estates, and that he be for the said of fence expelled the House." The same Resolutions were made with regard to Serjeant Birch, member for Weobly, and he was also expelled the House. the sale of the said estate, to sign his the said sir John Eyles's name, when absent, in order to make up the number of commissioners and trustees required by act of parliament, to matters of form in proceedings under the said act. And it was ordered, That he should for his said offence be reprimanded in his place by the Speaker, and that he should attend the House in his place the next morning. March 31. Sir John Eyles attending in his The Speaker's Reprimand to Sir John Eyles.] place, Mr. Speaker called upon him by his name: And sir John Eyles standing up in his place, uncovered, Mr. Speaker, sitting in the chair, covered, spoke to him to the effect following: "Sir John Eyles; "The House have come to a Resolution, That you are guilty of a great irregularity as a Commissioner and Trustee for Sale of the forfeited Estates for the use of the public, by impowering Mr. Samuel Allen, secretary of the Commissioners and Trustees for the Sale of the said Estates, to sign your name, when absent, in order to make up the number of Commissioners and Trustees required by act of parSir John Eyles voted guilty of an Irregu- liament to matters of form in proceedings under the said act: "Bond damns the poor, and hates them from his "And have imposed a command upon me, which is the only one, I can truly say, that I ever received with any uncasiness in the place I now sit, not from any doubt of the justice of the command, nor from any unwillingness in me to obey an order of the House, but because you, Sir, are unfortunately the subject of it, for whom I have always had the greatest persoual regard. "The Offence you are guilty of, having come within the notice of the House, it was impossible it should escape their censure, as it had a reference to a trust reposed in you; reposed by parliament, the highest and inost sacred authority, any subject of this kingdom can act under; and with a particular confidence in you, and the others joined with you, because of the relation you bore to the parliament; a trust of great importance, and which required great pains in, and attention to, it; and for that a very considerable recompence was assigned to you out of the public treasure. The reconipence, Sir, you enjoyed; but the pains, and attention, expected from you, you failed in; and illegally delegated your trust, in instances, where a false and fraudulent use. has been made of it. But happy for you, Sir, it appears to the House to have been a matter, rather of evil example, than of evil intention; | for which reasons the Resolutions of the House, on this occasion, have a mixture of justice and mercy; and, as your Offence will always justify the censure of the House, let it be your care, Sir, that your future behaviour always justify their lenity: let the justice of the House make you fear, and the clemency of the House make it a matter of sorrow in you, to offend again. "This sense, I persuade myself, you will have of the Judgment, the House has passed upon you; which is, That I reprimand you for your said Offence:And I do reprimand you accordingly." regard to the public service, as the effect of it may be greatly to the public benefit. "The applying the forfeited estates to the use of the public being one of the principal reasons for making it thereby impossible they should-ever be given back to the unfortunate families they once belonged to, the House of Commous could not, without uneasiness, think of this pretended sale, which has thrown into private hands, no ways allied to the estate, so large a share of profit, due to the public, with a very low, and almost the bare appearance only of a consideration for one part, and not so much as even that for another. "But your lordship's seasonable detection of this injurious transaction will very likely pro Sir John Eyles's Reply.] Whereupon sir duce justice and restitution to the public; and John Eyles said, "Sir, "I am very much ashamed of an Offence, that has drawn upon me the animadversion and censure of this House; an offence, which, at the time of committing it, I had scarce an idea of being subject to blame for. I am now made truly sensible of it; and the strong and lively colours, in which you, Sir, have drawn it, will be to me a lasting memento of future caution. "The judgment the House has passed upon me, I endure with a dutiful submission; and you, Sir, having shewn that tenderness and humanity, which is agreeable to your nature, in your kind and indulgent manner of pronouncing it, and thereby in some degree abated its rigour, I cannot but express my grateful and sincere acknowledgments to yourself, and also to the House, for their favour in not carrying this censure to any further consequence.' The Thanks of the Commons given to Lord Gage for detecting the Fraudulent Sale of the Derwentwater Estate.] Resolved, nem. con. "That the Thanks of this House be given to the lord viscount Gage, a member of this House, for the great service he hath done the public, in detecting the fraudulent Sale of certain forfeited estates of James, late earl of Derwentwater, and of a forfeited annuity, issuing out of the same, which were vested in commissioners and trustees, to be sold for the public use." The Speaker's Speech to Lord Gage.] And Mr. Speaker gave him the Thanks of the House accordingly, as follows: for this service your lordship is now receiving a reward, that, I can answer for your lordship, you esteem amongst the greatest, and most honourable, you can acquire, and which, my derive a lasting honour to those, who may lord, will not only remain with you, but will come after you : "An honour, my lord, the IIouse has always been most tender of in the way, and for may use the expression, is a sort of bounty, the reason, they confer it upon you, and, if I they have ever been most frugal of granting. Few are the instances of it: Not, that public services have not frequently been performed, but, that the Thanks of the House of Commons are never given for public services, but what are the most eminent, such as that, which your lordship has lately done the state. "I am very conscious, how imperfectly I have conveyed the sense of the House to your ship; but the having no time to prepare myself That no one could with more pleasure obey for it must be my excuse. I will only add, the order of the House on this occasion, than I do, which is, to give your lordship the Thanks lic: And I do give your lordship the Thanks of the House, for your said service to the pubof the House accordingly." Lord Gage's Reply.] Whereupon the Lord Gage spoke to the effect following: "Mr. Speaker, "This sudden and unexpected honour hath put me into so great a confusion, that I never was more at a loss for words to express myself, than now. and the House, that I had no other view in All I can say, Sir, is, to assure you promoting this enquiry, than to discharge the "My Lord Gage, trust my country has reposed in me, by detect"The House have come to an unanimous Re-ing (as far as I was able) a fraud injurious to solution, That the Thanks of the House be given to your lordship, for the great service you have done the public, in detecting the fraudulent sale of certain forfeited estates of James late earl of Derwentwater, and of a forfeited annuity, issuing out of the same, which were vested in commissioners and trustees, to be sold for the public use. "And the manner of your lordship's making this discovery has shewn your disinterested the public. "And, since the House has been pleased to distinguish my poor service in a manner so far beyond what it deserved, or I could have expected, their approbation of my behaviour in this particular instance will, I hope, so influence my future conduct in all others, as may convince them, that I shall make it my constant endeavour to merit the honour they have done me on this occasion." 1 Farther Debate concerning Robinson and Thompson.] April S. The affair of George Robinson and John Thompson occasioned a new debate, for the day being then passed, on which Robinson and Thompson were to appear by the act before mentioned, and neither of them having appeared or surrendered himself in the terms of the said act; it was moved, That he might be expelled.' But some of the members took notice, That by the said Act, he night within the time limited surrender himself to either House of Parliament; and though he had not surrendered to that House, yet they did not know but that he had surrendered himself to the other: and therefore they moved, That a Committee should be appointed to inspect the Journals of the Lords and to report to that House, whether any and what proceedings had been before the Lords in consequence of an Act passed that session, intitled, An Act to encourage and compel George Robinson, esq. and John Thompson to appear, &c.' But to this it was answered, "That according to the terms of the said Act, the said Robinson might have surrendered himself to the other House, and might thereby have freed himself from the pains, to which he was by the said Act subjected, in case of his not appearing and surrendering, but this they had nothing to do with, when they came to consider whether or no he ought to be expelled; because in that question, the only point to be considered of was, whether or no he had attended the service of the House according to order; if he had, it would appear by his answering for himself in his place, or by some member's rising up and making an excuse for him; if he had not, he was guilty of a high contempt of the orders and authority of that House, for which he ought to be expelled; and that therefore they had not in the present question any business with the Journals of the other House." At last the question was put upon this motion, and it was carried in the negative. Then the House came to a Resolution, nem. con. "That George Robinson, esq. having been charged in parliament with being privy to, and concerned in many indirect and fraudulent practices, in the management of the affairs of the Charitable Corporation for relief of industrious Poor, by assisting them with small sums upon pledges at legal interest; and with having got into his hands very large sums of money belonging to the said Corporation; and being returned a Burgess to serve in this present parliament for the borough of Great Marlow in the county of Bucks, and having never attended the service of the House, although required so to do, was guilty of a high contempt of the orders and authority of this House." George Robinson, esq. expelled the House on account of the Charitable Corporation. Then it was likewise resolved, nem. con. "That the said George Robinson, esq. be for his said of fence expelled the House:" and Mr. Speaker was ordered to issue his warrant for making out a new writ for the said borough of Marlow, in his place. Earl of Derwentwater's Estate brought in.] The Bill for making void the Sale of the April 6. Lord Gage presented to the House for Sale of the late Earl of Derwentwater's a Bill," For making void the several Contracts estate," which was read the first, and ordered to be read a second time. A Motion that the Witnesses to be examined at the second Reading of the said Bill, be examined upon Oath, passed in the Negative.] April 17. A Petition of William Smith, esq. and Matthew White, esq. was presented to the House, and read; praying to be heard by their counsel against the said Bill, which Petitions were ordered to lie upon the table till the second reading thereof; and that the Petitioners might be then severally heard by their counsel. Hereupon a motion was made, "That the Witnesses, who shall be examined for and against the said Bill at the second reading thereof shall be examined in the most solemn inanner." This occasioned a long debate in the House. Those that were against the question represented, "Thatthe House of Lords had always insisted upon it, that the House of Commons, being no court of judicature, had not therefore a power to examine witnesses in the most solemn manner, at the bar of their House: That though this power had always been claimed and insisted upon by the House of Commons, yet it was a point still in dispute between the two Houses: And that if the House of Commons should upon that occasion make use of this disputed power, it would occasion a breach between the two Houses, which might not only prove to be the loss of the Bill then under consideration, but might be of much worse consequence, by putting a full stop to all the public business of the nation; it being well known, that whenever any breach happened between the two Ilouses, it proved always to be a very difficult and tedious matter to re-establish that harmony, which ought always to subsist between the two Houses, and without which the public affairs of the nation cannot be carried on; so that their coming to any such resolution might intirely unhinge the government, and throw the whole kingdom into confusion. Those Members upon the other hand, who were for the question, declared the great re gard and concern they had for the Bill then under consideration, and for the public peace and quiet of the nation; but said, "That the true method of preserving the public quiet of the nation was, for each House to take care to preserve those powers and privileges which properly belong to them: for if that House should begin to yield up, or not exert a power which they had always enjoyed, only because the other House pretended to dispute their having any such power, they might comes at 1 last to be stript of all the powers and privileges they ever had or could pretend to That it was well known, that the House of Commons had always been used to impower their Committees to examine Witnesses before them in the most solemn manner; and it was very odd to pretend, that the House itself could not make use of that power which they every day delegated to their committees; it was not to be presumed, that the other House would raise any such groundless dispute: That it might perhaps be pretended, that as the House of Commons was no court of judicature, they could not therefore administer an Oath: but that was not now to be brought into question, because they might get such of the members as were justices of the peace to administer the oath to the witnesses, upon which oath the witnesses might afterwards be examined at the bar of the House; or they might get one of the Judges to come to the Speaker's Chamber to administer the Oath to the witnesses, which was no new or unheard-of method of proceeding: for that there was upon their Journals a Precedent for the same, and that method was then allowed of by the other House without any dispute: That even as to their having a power of administering an Oath in the most solemn manner, they hoped that there was no member of that House who doubted thereof; and if it were to be brought into dispute, it could be proved to the conviction of all impartial men: That the House of Commons was certainly a Court of Record, I their being such having been admitted of by the other House in the most solemn manner, as appeared by the 6th of Henry 8, chap. 16. By which it was enacted, That no knight, &c. should depart from the parliament without the licence of the Speaker and Commons in parliament assembled, to be entered upon Record, in the Clerk of the Parliament's Book, on pain to lose their Wages.' That this was an indisputable testimony of their be ing a Court of Record, and as such they certainly had a power to administer an oath in any affair, which came properly before them, and upon which it was necessary that witnesses should be examined: That as there was a precedent for examining witnesses in the most solemn manner at the bar of their House, without bringing their power of administering of oaths into dispute, if the present question was agreed to, they might follow that precedent, and thereby prevent all occasion of difference between the two Houses. Then the previous question being put, That the question he now put upon the said motion, it passed in the negative. The majority of the House, being desirous to have the Bill passed, were unwilling to agree to any motion that night create a difference between the two Houses, and thereby hazard the loss of the Bill. REPORT FROM THE COMMITTEE OF THE HOUSE or COMMONS ON THE FEES OF THE OFFICERS OF THE COURT OF CHANCERY.] April 18. Mr. Wyndham reported from the Committee, te whom the several Lists of the Officers, and their Deputies, belonging to the several Courts in Westminster-hall, and elsewhere, with the Lists, Accounts, and Tables of Fees, claimed by them (which were presented to this House in the last and present session of parliament) and also the Lists, Accounts, and Tables of Fees, of the Officers, and Servants, belonging to the Judges of the several Courts in Westminster-ball, and the Circuits, the Associates, and Clerks of Assize (presented to this House in the session of parliament preceding the last) were referred, the matter, as it appeared to them, with the Resolutions of the Committee thereupon, which they had directed him to report to the House: And he read the Report in his place, and afterwards delivered it in at the Clerk's table; where the same was read; and the Report and Resolutions are, as follow; f "The Committee, taking into consideration the great number of Officers, and Clerks, who have presented to this House Lists of Fees, thought it necessary to examine into the Fees of the Officers of each Court separately, and to begin with the Court of Chancery, which is a Court always open, and which exercises the most extensive jurisdiction, and abounds with clerks, and officers. "The Committee enquired, of what officers the Court of Chancery did anciently consist, and what regulation of their fees had been made, and what methods used, to prevent the increase of unnecessary officers, and the exaction of illegal fees. "It appeared to the Committee, that Commissions, to enquire into the behaviour of officers in courts of justice, ecclesiastical and civil, were frequently issued, in former times, to several great officers of the kingdom, and others, with power to correct abuses, and with direction to certify their proceedings, either to the king in Council, or into the Court of Chancery. "The inrolment of two such Commissions in the reign of James the First, and of four in the reign of Charles the First, were produced to the Committee, from the records in the chapel of the Rolls; but no such commission has issued since the restoration of Charles the Second. "Another method of reforming abuses in the courts of Justice was, by the presentment of experienced practisers, upon oath, appointed by the judges of the several courts to enquire, what fees had been exacted, other than the ancient and usual fees. "A Presentment, upon oath, of 15 persons, in the 40th of Elizabeth, for the better Refor mation of sundry Exactions and Abuses, supposed to be committed by officers, clerks, and ministers, in the high Court of Chancery, was shewed to the Committee; by which presentment it plainly appeared, who were the officers of the Court at that time, and what were their legal fees. "But, as the officers of the Court of Chan |