pillory, to be imprisoned in the Fleet, and the papers to be burnt. March 1st, 1676. Dr. Cary was fined 1,000l., for refusing to discover his knowledge of a libel; and to be committed to the Tower till he pays the same. "March 8th 1688-9. William Downing, for printing a paper reflecting on the lord Grey of Warke, was committed to the Gate-house, and fined 1,000l. to the king. "June 11th 1689. Percy's petition, claiming the earldon of Northumberland, containing several reflections, was dismissed the House; and the said Percy was ordered to be brought before the four courts in Westminster Hall, wearing a paper upon his breast, in which these words shall be written The false and impudent pretender to the earldom of Northumberland.' "April 11th, 1690. Thomas Garstone, for counterfeiting protections, to stand twice in the pillory, and be committed to the Gate-house till he pays his fees. "February 22d, 1695. The House was informed, That there was a paper delivered at the door, reflecting on the House, by Robert Cros-field: Whereupon he was called in, and owned the paper; but refusing to give the House an account who printed it, he was ordered into custody. "March 17th, 1697. A libel intituled, Mr. Bertie's Case, &c. with some remarks on the Judgment given therein,' was voted false, malicious, and scandalous, and ordered to be burnt; and a committee was appointed, to consider of the said paper. "March 18th, 1697. Report was made from the Committee, That the printer had confess ed that Mr. Robert Bertie, a member of the House of Commons, had employed him to print it. "26th of the same month. Consideration was had of the said paper; and the earl of Abingdon, in his place, declared, That he did, in the name of his son, ask pardon of the • House and the Lord Chancellor;' which the House accepted. May 7th, 1716. James Mynde, a solicitor, was ordered into custody, for putting counsel's names to an appeal without their knowledge. "12th of same May, Mynde was brought to the bar, and, by a petition, confessed himself guilty; and a committee was appointed, to inspect precedents of punishments inflicted. And the said Report was read, by the Clerk, The Earl of Suffolk committed to the Tower for granting Protections.] January 21, 1725. The Lords, after an examination touching the granting written Protections, committed the Earl of Suffolk to the Tower of London, for having given several written Protections, in breach of the standing orders, and to the disbonour of the House, as likewise to the obstruction of public justice. Petition of the Earl of Oxford and Lord Morpeth, complaining of the Deficiency of the Accounts of the Masters in Chancery.] January 23. A Petition of Edward earl of Oxford, and of Henry lord Morpeth, two of the guardians of the person and estates of Elizabeth duchess dowager of Montague, a lunatic, was presented to the House of Commons and read, setting forth, "That very great sums of money of the said lunatic's estate have, pursuant to orders of the Court of Chancery, been brought before Mr. Hiccocks, late one of the Masters of the said court, and Mr. Tho. Bennet his successor, now one of the Masters of the said court, in order to be placed out at interest for the benefit of the said lunatic, upon securities to be approved by the said Masters respectively: That upon examining into the Accounts of the Masters in Chancery, relating to the Suitors' Monies brought before them, considerable Deficiencies appear; and that the said Mr. Thomas Bennet has not deposited, pursuant to orders of the said court, several Mortgages for large sums of money, belonging to the estates of the said lunatic; neither hath he deposited nor secured, pursuant to orders of the said court, 9,000%. and upwards, of his balance of cash; and praying such relief as the House shall think fit." This Petition coming unexpectedly into the House, whilst the Accounts of the Masters in Chancery were put in a course of examination before the Lords Commissioners of the Great Seal, the said Petition was ordered to lie upon the table: But a motion being made, "That the proper officer, or officers, of the Court of Chancery, do lay before this House copies of the Orders made by the court, relating to the Accounts, and the effects belonging to the suitors, in the hands of the Masters of the court of Chancery, dated the 17th and 21st of December last, with copies of the Reports therein mentioned: and also the Accounts of the said Masters relating thereto, with their several explanations of the said Accounts;" B 12th of the same month. He was ordered great debate arose thereupon, in which some to cause his fine to be paid into the clerk's severe animadversions were made on the conhands, in order to be estreated into the Ex-duct of the earl of Macclesfield, late Lord chequer, for the regular payment of the same. 18th of that month, Report was made from that committee; and Mynde fined 1007. to the king. "June 4th, 1716. He petitions to be discharged out of custody; and his petition was rejected. 1 "14th of the same month. The House being informed, That the clerk had received the said fine; Mynde was ordered to be brought to the Chancellor. Then Mr. Henry Pelham moved, "That the debate be adjourned to the 9th of February, which was carried by a great ma jority.” The King's Message concerning the Masters, in Chancery.] February 9. Mr. Methuen acquainted the Commons, that he had a Message from his Majesty to the House, signed by his Majesty; and that he was commanded by his Majesty to lay before the House Copies of several Reports and other papers relating to the Masters in Chancery; and he delivered his Majesty's Message to Mr. Speaker, and the said Copies and other Reports, at the table. His Majesty's Message was read by Mr. Speaker, as follows, viz. George R. "His Majesty having reason to apprehend, that the suitors of the Court of Chancery were in danger of losing a considerable sum of money from the insufficiency of some of the Masters, thought himself obliged, in justice and compassion to the said suitors, to take the most speedy and proper method the law would allow, for inquiring into the state of the Master's Accounts, and securing their effects for the benefit of the suitors: And his Majesty having had several Reports laid before him in pursuance of the directions he had given, has ordered the said Reports to be communicated to this House, that this House may have as full and as perfect a view of this important affair, as the shortness of the time, and the circumstances and nature of the proceedings would admit of." Then the said Reports, together with some of the papers referred to therein, were read, and ordered to be taken into farther consideration on the 12th instant. The King's Message for the Maintenance of eleven Ministers of the New Churches.] Feb. 10. Mr. Comptroller acquainted the House, That he had a Message from his Majesty to this House, signed by his Majesty, and The delivered the same to Mr. Speaker, who read the same to the House; and the said Message is as follows: "George R. "The commissioners for building fifty new churches in and about the cities of London and Westminster, and the suburbs thereof, having represented to his Majesty, That in pursuance of several acts of parliament already made for that purpose, one Church hath been, for some time, finished and consecrated; and three chapels have been converted into parish churches, and also consecrated; and that seven other churches are built, or building, and near finished; for which eleven churches, convenient districts have been also laid out and appointed to be the parishes respectively belonging to the same: And his Majesty being truly sensible of the great necessity there is of new churches, and of new divisions of parishes in and about the said city and suburbs, and very desirous to provide for the spiritual as well as temporal welfare of all his subjects, and being also firmly persuaded that nothing will more effectually engage Almighty God to send down his blessing upon his crown and people, than a due zeal for the honour and service of religion, has thought fit to recommend to the House of Commons, in an especial manner, the providing a suitable maintenance for the ministers who shall be appointed to perform Divine Service in the eleven churches, aforesaid, by such ways as may effectually answer the ends aforesaid, according to his Majesty's royal: purpose and desire." Hereupon it was ordered, nem. con., That leave be given to bring in a Bill for better effecting the pious intention of the said Acts. Debate upon the King's Message respecting Commons took into consideration the several the Masters in Chancery.] February 12. The Reports and Papers referred to in his Majesty's Message of the 9th instant. After the reading part of the said Papers, Sir George Oxenden rose up, and said, That it manifestly appeared by these Reports, which after the strictest inquiry, and upon the maturest deliberation, had been drawn up by persons of the greatest weight and authority, for their abilities, experience, high stations, and the High Court of Chancery, chiefly occasioned integrity; that enormous abuses had crept into by the magistrate, who was at the head of that Court, and whose duty consequently it was, to prevent the same. That the crimes and misdemeanors of the late Lord Chancellor, were duced to these three heads: 1. That he had and of various natures, but might be remany, taken into his own hands the Estates and Effects of many widows, orphans, and lunatics, trarily to his own profit, or connived at the of and either had disposed of part of them arbificers under him making advantage of the same. 2. That he had raised to an exorbitant_price the offices and places of the Masters of Chancery, and in order to enable them to pay to him sion, had trusted in their hands large sums of those high prices and gratuities for their admismoney belonging to suitors in Chancery. 3. That in several cases he had made divers irregular Orders. So that in his opinion, that first magistrate in the kingdom was fallen from the height of the dignities and honours, to which he had been raised by the King's royal bounty and favour, to the depth of infamy and disgrace. And therefore he moved, " That Thomas earl of Macclesfield be impeached of High Crimes and Misdemeanours."* "Great part of this session was taken up in the trial of the earl of Macclesfield, and the repeal of the late lord Bolingbroke's attainder. There had been for some time a murmuring against the insufficiency. of the Masters in Chancery to answer the great sums lodged in their hands by the suitors in that court; and it was suspected, that the large sums, which they paid for admission into their places, made their way more easy than it ought to have been, and very much lessened the inquiry into their qua lifications. This abuse had indeed been long This motion was seconded by Mr. Strickland, and Mr. Doddington, who said, The Misdemeanors of the late Lord Chancellor were of the greatest and most dangerous consequence, since most of the estates in England, once in thirty years, pass through the Court of Chancery. Mr. William Pulteney said, That it was far from his thoughts to endeavour to abate the just resentment which the gentlemen who spoke last, shewed against the great abuses that had been committed in the Court of Chancery: but that in his opinion, they went a little too fast in so weighty and important an affair, by which means they might lose the very end they aimed at, viz. the effectual punishing the person by whose neglect, at least, those abuses had been committed; That whatever deference they ought to pay on this occasion, to the capacity, experience, integrity, and authority of the persons who had drawn up the Reports that had been laid before them, yet it little became the dignity, and was even derogatory to the prerogative of that House, which is the grand inquest of the nation, to found an inpeachment upon those Reports, without a pre growing up to this degree; and there was scarce any thing bought and sold more freely and openly than a Master in Chancery's place. The Suitors Money, for which the masters paid no interest, brought them in great interest from the funds; and, the profits of the place being consequently doubled or trebled to what they had been before, there was such an opportunity to enrich themselves by the advantages they made of the money they had in their hands, that it is not surprising, that the LordKeepers and Lord Chancellor doubled and trebled the price, which the masters were to pay for admittance. But, the complaints against this practice growing strong and public, and the lord chancellor Macclesfield finding it impracticable for him to put a stop to those complaints, or keep the great seal under them, he resigned it the beginning of January 1725, and it was committed to the custody of sir Joseph Jekyll, master of the rolls; sir Jeffery Gilbert, and sir Robert Raymond; who having in council taken the oath as lords commissioners of the great seal, the king said to them as follows: vious inquiry, and examination into the proofs that were to support it; and therefore moved, That this affair might be referred to the consideration of a select committee. He was backed by Sir William Wyndham, who urged, That_by proceeding by way of Impeachment upon Reports laid before them from above, the Commons would make a dangerous precedent, and seem to give up the most valuable of their privileges, viz. the inquest after state criminals. Sir Wilfred Lawson, and sir Thomas Pengelly, supported Mr. Pulteney's motion. But Mr. Yonge, and sir Clement Wearg answered those objections, whereupon the previous question was put, Whether the question be now put upon sir George Oxenden's motion? Which after some debate was carried in the affirmative, by a majority of 273 voices against 164. The Commons resolve to impeach the Earl of Macclesfield of High Crimes and Misdemeanours.] Then the main question being put, it was resolved by the same majority," That Thomas earl of Macclesfield be impeached of High Crimes and Misdemeanors," and it was ordered, that sir George Oxenden do go up to the Lords, and at their bar, in the name of the House of Commons, and of all the Commons of Great Britain, impeach Thomas earl of Macclesfield of High Crimes and Misdemeanours; and acquaint them, that this House would, in due time, exhibit particular Articles against him, and make good the same." Then a Committee was appointed to draw up Articles of Impeachment against Thomas earl of Macclesfield; to which Committee the several Reports referred to in his Majesty's message, were referred. After this, upon a motion made by Mr. West, and seconded by Mr. Edward Thompson. a Bill was ordered to be brought in, " To indem nify the Masters of Chancery from the penalties of the act of the 5th and 6th years of king Edward 6, against buying and selling of offices, upon their discovering what consideration, price, or gratuity they paid, or agreed to pay, for the purchase of, or for their admission to, their offices." February 13. Sir George Oxenden reported, That he had been at the bar of the House of "I have had such experience of your in- Lords, and in the name of this House, and of tegrity and ability, that it is with pleasure I all the Commons of Great Britain, had imnow put the great seal into your hands. You peached Thomas earl of Macclesfield of High are fully informed of the state of the accounts Crimes and Misdemeanors, and acquainted the of the Masters in Chancery. I earnestly recom- Lords, That the Commons would, in due time, mend to you the taking effectual care, that in- exhibit particular Articles against him, and stire satisfaction be made to the suitors of the make good the same. After this, Mr. West court; and that they be not exposed to any presented to the House, a Bill, "For indemnidangers for the future; and I have such cou-fying the Masters in Chancery from the pefidence in the faithful discharge of the trust Inalties of the act of the 5th and 6th years now repose in you, that I am persuaded you of king Edward 6, against buying and selling will look narrowly to the behaviour of all the of offices, upon their discovering what consiofficers under your jurisdiction, and will see, deration, price, or gratuity they paid, or agreed that they act with the strictest regard to justice, to pay, for the purchase of, or for their admisand to the ease of my subjects." Tindal. sion to, their respective offices." Which Bill YOL. VIII. 2 E was immediately read the first and second time, and without going through a Committee, ordered to be engrossed. Feb. 15. The said engrossed Bill was read the third time, passed and sent up to the Lords. Feb. 24. Sir George Oxenden acquainted the House, that he was directed by the Committee appointed to draw up Articles of Impeachment against the earl of Macclesfield, to move the House, That such persons as the Committee should find it necessary to examine, be examined in the most solemn manner; which was ordered accordingly. Sir George Orenden reports the Articles from the Committee of Impeachment against the Earl of Macclesfield.] March 18. Sir George Oxenden, from the Committee appointed to draw up Articles of Impeachment against Thomas earl of Macclesfield, acquainted the House, That they had drawn up several Articles accordingly, which they had directed him to report to the House; and he farther acquainted the House, that they had other matters depending before them, relating to their inquiry and he read the Report in his place, and afterwards delivered the Articles in at the table, where they were read by the clerk. These Articles were one and twenty in number, and the two first relating to offences said to be committed before the Act of Indemnity passed in the year 1721, Mr. Conduit moved, that the said Articles be recommitted. Hereupon Mr. Walter Plomer, one of the Committee that had drawn up the Articles, said, That the Crimes, for which the earl of Macclesfield was impeached, being complicated, and having a relation to, and dependance upon one another, they could not mention one without the other. He was answered by sir Philip Yorke, who spoke for the motion for recommitting the Articles. To this, Sir Thomas Pengelly replied, That in the case before them, they ought to distinguish be tween an Act of Oblivion, and an Act of Indemnity: that the first is begun in either House of Parliament, and being the act of the three estates, or of the whole legislature, clears and purges offenders of all crimes therein specified: but that it is otherwise with an Act of Indemnity, which flows from the mere grace and clemency of the sovereign, is sent down to the Parliament, who are at liberty either to accept or refuse it, but not to alter any thing; and regards only crimes committed against the king, his predecessors, and successors; which was not the case of the earl of Macclesfield, who stood impeached for crimes and misdemeanours committed in a high office and trust, against his fellow-subjects. This was answered by Mr: Yonge, to whom Mr. West replied; and to the latter sir Gilbert Heathcote. But sir Clement Wearg having strenuously supported sir Thomas Pengelly's argument, the opposite side dropped the motion without dividing. Then the Report being read paragraph by paragraph, the several Articles were agreed to. by the House, and ordered to be engrossed. It was also ordered, That a clause be prepared, saving liberty to the Commons to exhibit any farther Articles against the said Thomas earl of Macclesfield, and that he might be put to answer the said crimes and misdemeanors. March 19. Sir George Oxenden presented to the House a Clause saving liberty to the Commons to exhibit farther Articles against the earl of Macclesfield, which was agreed to, and ordered to be engrossed with the Articles of Impeachment against the said earl. March 20. The engrossed Articles of Impeachment of High Crimes and Misdemeanors against Thomas earl of Macclesfield were read, and ordered to be carried to the Lords by sir George Oxenden. ARTICLES OF IMPEACHMENT AGAINST THE EARL OF MACCLESFIELD.] March 20. A Message was brought from the House of Commons, by Sir George Oxenden and others who delivered at the Bar the Articles of Impeachment against the Earl of Macclesfield. Then the said Articles of Impeachment were read, by the clerk, as follow: "ARTICLES, exhibited by the Knights, Citizens, and Burgesses, in Parliament assembled, in the name of themselves and all the Commons of Great Britain, against THOMAS Earl of MACCLESFIELD, in Maintenance of their Impeachment agaiust him, for high Crimes and Misdemeanors. "Whereas the Office of Lord Chancellor of Great Britain is an office of the highest dignity and trust, upon the impartial and uncorrupt execution whereof the honour of the crown and the welfare of the subjects of this kingdom greatly depend: And whereas Thomas earl of Macclesfield, in or about the month of May in the year of our Lord 1718, by the great grace and favour of his most excellent Majesty, was constituted and appointed Lord Chancellor of Great Britain, and did thereupon take the usual oath for the due execution of that high office, whereby he did swear, well and truly to serve our sovereign lord the king and his people, poor and rich, after the laws and usages of this realm, and such other oaths as have been accustomed and the said earl continued in this great office until about the month of January in the year of our Lord 1724: and, in right thereof, was entrusted with the nomination and admission to the offices of Masters of the Court of Chancery; which Masters of the said Court are officers of great trust, sworn to serve the King and his people, and associated to the Lord Chancellor for his assistance in the due administration and execution of justice in' the said Court; And whereas his Majesty upon the said Earl's being appointed to the office of Lord Chancellor, did, of his grace and bounty, bestow upon the said earl the sum of ; or agreement of the same infamous and corrupt nature, did admit and swear the said Richard Godfrey into the office of one of the Masters of the said Court of Chancery, upon the surren.der of the said sir Thomas Gery, in breach and violation of his oath as Lord Chancellor and of the great trust in him reposed, contrary to the duty of his office, and the good and wholesome laws and statutes of this realm. ARTICLE II. 14,000l. or some other great sum: and did likewise grant unto George Parker, esq. now commonly called lord Parker, eldest son and heir apparent of the said earl, a yearly pension of 1,2001. payable out of his Majesty's receipt of the Exchequer, during the joint lives of his Majesty and the said lord Parker, determinable upon his Majesty's making a grant to the said lord Parker, in possession, of the office of one of the tellers of his Majesty's Exchequer, for the term of his natural life: which office, being of the yearly value of 1,500l. or upwards, has been since granted by his Majesty unto the said lord Parker for his life, who, in or about the month of July in the year of our Lord 1719, was duly admitted to, and doth still enjoy, the same; and the said earl, during the time of his continuing Lord Chancellor of Great Britain, did not only enjoy the usual salary, fees, and profits, belonging to his office, of a very great annual value; but also did continue to receive an annual pension of 1,2007. which bis Majesty, in or about the month of June in the year of our Lord 1716, had granted to him and his assigns, during his Majesty's life; and did likewise receive from the crown a further annual allowance of 4,000l. and many other advantages: Yet he the said Thomas earl of Macclesfield, not being satisfied with this large and ample revenue, nor regarding the obligation of his oath, or the duty of his high and important office; but entertaining wicked and corrupt designs and views, to raise and procure to himself excessive and exorbitant gain and profit, by divers unjust and oppressive practices and methods herein after mentioned, whilst he continued in the said office of Lord Chancellor, did, illegally, corruptly, and extorsively, take and receive to his own private use the following or some other great sums of Money: ་ ARTICLE I. "That Richard Godfrey, esq. having contracted with sir Thomas Gery, one of the Masters of the Court of Chancery, for the purchase and surrender of his office, at the price of 5,000l. or some other great sum of woney, the said Thomas earl of Macclesfield, whilst he continued Lord Chancellor of Great Britain, and before the admission of the said 'Richard Godfrey into the office of one of the Masters of the Court of Chancery, did, by colour of his office of Lord Chancellor, illegally, corruptly, and extorsively, insist upon, take, and receive, of and from the said Richard Godfrey, the sum of 8401. or some other sum of money, for the admitting him into such office of a Master of the Court of Chancery, and to the intent that the said Richard Godfrey should have, exercise, and enjoy the same, which said office touches and concerns the administration and execution of justice in the said court: And the said Thomas carl of Macclesfield, being Lord Chancellor, in pursuance and execution of the said wicked and corrupt bargain, or in pursuance of some other bargain "That the office of one of the Masters of the said Court of Chancery becoming vacant, by the death of Samuel Browning, esq. one of the late Masters of the said Court, the said Thomas earl of Macclesfield, whilst he continued Lord Chancellor of Great Britain, and before the admission of James Lightboun, esq. into the said office of one of the Masters of the Court of Chancery, did, by colour of his office of Lord Chancellor, illegally, corruptly, and extorsively, insist upon, take, and receive, of and from the said James Lightboun, the sum of 6,000l. or some other great sum of money, in consideration of and for the admitting him into such office, and to the intent that the said James Lightboun should have, exercise, and enjoythe same, which said office touches and concerns the administration and execution of justice in the said Court: And the said Thomas earl of Macclesfield, being Lord Chancellor, in pursuance and execution of the said wicked and corrupt bargain, or in pursuance of some other bargain or agreement of the same infa-、 mous and corrupt nature, did admit and swear the said James Lightboun into the office of one of the Masters of the said Court of Chancery, in breach and violation of his oath as Lord Chancellor, and of the great trust in him reposed, contrary to the duty of his office, aud against the good and wholesome laws aud statutes of this realm. ARTICLE III. "That John Borret, esq. having contracted with John Meller, esq. one of the Masters of the Court of Chancery, for the purchase and surrender of his said office, at the price of 9,000 pounds, or some other great sum of money; the said Thomas earl of Macclesfield, whilst he continued Lord Chancellor of Great Britain, and before the admission of the said John Borret into the office of one of the Masters of the Court of Chancery, did, by colour of his office of Lord Chancellor, illegally, corruptly, and extorsively, insist upon, take, and receive, of and from the said John Borret, the sum of 1,5751. or some other sum of money, for the admitting him into such office of a Master of the said Court of Chancery, and to the intent that the said John Borret should have, exercise, and enjoy the same, which said office touches and concerns, the administration and execution of justice in the said Court. And the said Thomas earl of Macclesfield, being Lord Chancellor, in pursuance and execution of the said wicked and corrupt bargain, or in |