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said-act pardoned, or any of them; and doth

Debate on the Civil List Debts.] After the

aver, that he is not within any of the excep-reading of these Papers, tions in the said act contained.

MACCLESFIELD."

The lord Delawarr reported from the Lords Committees appointed to inspect the Journals of this House, in relation to the proceedings on Impeachments for High Crimes and Misdemeanours: That the Committee have inspected the Journals of this House, as to the said proceedings; and find, that the method has been, on delivering in of an Answer to Articles of Impeachment, to order a Copy thereof to be prepared; and, after the same hath been carefully examined by the Clerk, it be sent by Message to the House of Commons; and that, upon the Replication of that House to such Answer, the Lords have always appointed the time and place of Trial.'

Which Report being read by the clerk: It is ordered, That a copy of the said Answer be prepared; and when the same hath been carefully examined by the Clerk, it be sent by Message to the House of Commons.

The King's Message relating to the Civil List Debts.] April 8. Mr. R. Walpole acquainted the House, That he had a Message to this House from his Majesty, and he delivered the same to Mr. Speaker, who read the same to the House, as follows, viz.

"George R.

"The necessities of his Majesty's government having rendered it impracticable for his Majesty to make any considerable retrenchments in the expences of his Civil List; and having engaged his Majesty in some extraordinary expences, which, he is persuaded, his loyal Commons will believe have been employed, not only for the honour and dignity of the crown, but for the interest and prosperity of his people; his Majesty hopes, from the known zeal and affection of this Parliament to his person and government, that he may be enabled to make use of the Funds, lately settled for the payment of the Civil List Annui ties, and for replacing the same to his Majesty, in the most advantageous manner, and upon the credit thereof to raise a sum of money sufficient to redeem those Annuities, and to discharge the present debts contracted in his civil government."

Hereupon it was resolved to take his Majesty's most gracious Message into consideration the next day, in a Committee of the whole House; and, in the mean time, Mr. Scrope, by his Majesty's command, presented to the House, An Account of the Debts upon the Civil List, at Michaelmas 1724, and also, An Account of the Payments into the Exchequer upon the deductions of Sixpence in the Pound, for the year ending at Lady-day, 1725. And the said Accounts being read, were severally ordered to be referred to the consideration of the said Committee.

Mr. Pulteney took notice, That it was not long since (viz. July, 1721), a Fund was given to discharge the debts of the Civil List; and therefore it was matter of surprize, that so many new ones had been contracted in so short a time; that if things were carried on at this rate, there would be no end of it; that it was incumbent upon them to enquire into the causes of this growing evil; and therefore moved, "That an Address be presented to his Majesty, that he would graciously be pleased to give directions, that the proper officer or officers of the Exchequer, Excise, Customs, and PostOffice, do lay before the House an Account of all Monies which have been issued and paid out of the said Offices to any person or persons on Account, for the Privy Purse, Secret Service, Pensions, Bountics; or any sum or suins of money to any person or persons whatsoever without account, from March 25th, 1721, to March 25th, 1725." And being backed by se veral members, the said Address was voted accordingly.

April 9. A motion being made for the Speaker to leave the chair, that the House might go into a Grand Committee, to consider of his Majesty's Message about the Debts of the Civil List,

Mr. Pulteney represented, That the House having ordered an Address to be presented to his Majesty, for several papers relating to the Civil List and other expences, they ought, in his opinion, to put off the consideration of his Majesty's Message, till those Papers were laid before the House; it being natural to enquire into the causes of a disease, before one applies remedies to it. Mr. Yonge, Mr. H. Pelham, and Mr. R. Walpole, having opposed it, Mr. Pulteney said, "He wondered how so great a debt (viz. 508,3677. 19s. 4d.) could be contracted in three years time, but was not surprized some persons were so eager to have those deficiencies made good, since they and their friends had so great a share in it. And desired to know whether this was all that was due, or whether they were to expect another reckoning?"

To this no direct answer was given; but in general, it was said, "That there was, indeed, a heavy Debt on the Civil List, and a great many Pensions; but that most of these had been granted in king William's and queeu Anne's reigns, some by king Charles the Second, and very few by his present Majesty. That since the Civil List was first settled for his Majesty, an expence of about 90,000l. per annum had happened, which could not then be foreseen, and therefore was left unprovided for: That upon examination of the Account given in of the Civil List Debts, it would appear, that most of those expences were either for the necessary support of the dignity of the crown and government, or for the public good: That there was, indeed, a pension of 5,000l. of another nature, viz. upon account of the Cofferer's

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Place, but which could not well be avoided; for both the lord Godolphin, who was in that office, and his father, had so well deserved of the government, that they could not hand somely remove him without a gratuity; and therefore they gave his lordship a pension of 5,000l. to make room for the worthy gentleman, (meaning Mr. W. Pulteney). who now enjoys that post."

Then the Commons, in a Grand Committee, took his Majesty's Message into consideration, and a motion was made, "That for the redeeming the Annuities of 25,000l. per annum, charged on the Civil List Revenues, by an act of parliament of the 7th year of his Majesty, and for discharging the Debts and Arrears due from his Majesty to his servants, tradesmen, and others, his Majesty be enabled to raise any sum, not exceeding one million, by Exchequer Bills, Loans, or otherwise, on the credit of the deductions of sixpence per pound, directed by the said Act of the 7th year of his Majesty's reign, and of the said Civil List Revenues, at an interest or rate not exceeding 3. per cent. per annum, till repayment of the principal."

This motion occasioned a farther debate; but the question being put, it was resolved in the affirmative, by 239 votes against 119. This Resolution being the next day reported, was agreed to by the House, and a Bill was ordered to be brought in thereupon.

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Bill for regulating Elections in London.] April 13. A Bill For regulating Elections within the City of London, and for preserving. the Peace, good order and government of the said City, being read the third time, it was proposed to ask the Opinion of the Judges, Whether this Bill does repeal any of the prescriptions, privileges, customs, or liberties of the city of London, restored to them, or preserved by the Act passed in the 2nd year of king William and queen Mary, for reversing the judgment in a Quo Warranto against the city of London, and for restoring the said city to its ancient Rights and Privileges; which being objected to, and debate had thereupon, the question was put, Whether the Judges shall deliver their Opinions upon the said proposed question; it was resolved in the negative, by 33 against 24.

Protest relating therclo.] "Dissentient'

1. "Because it being enacted and declared by the act mentioned in the question, that the mayor, commonalty and citizens of London, shall for ever hereafter remain, continue, and be, and be prescribed to be, a body-corporate, in re, fucto, el nomine, by the name of mayor, and commonalty and citizens of the city of London, and shall (as by law they ought) peaceably enjoy all and every their rights, gifts, charters, grants, liberties, privileges, franchises, customs, usages, constitutions, prescriptions, immunities, markets, duties, tolls, Jands, tenements, estates and hereditaments whatsoever, which they had (or had a right, title or interest

in or to) at the time of giving the said judgment; and we being apprehensive, that the alterations made by this Bill in the constitution of the common-council, and other ancient rights, franchises and prescriptions of the city, may utterly abolish the ancient legal title of the city to their rights, franchises, prescriptions and constitutions in the particulars contained in the said Bill; and may, in consequence thereof, work a total change of the whole ancient constitution of the corporation of the said city, or greatly confound or prejudice the same, which has stood for so many ages upon the foundation of its ancient title, rights, and prescriptions, confirmed by many grants made by his Majesty's royal progenitors, and by many acts of parliament; all which were restored so soon after the happy and glorious Revolution, and which have been peaceably enjoyed to the present time: We are of opinion, that the solution of the said question, by the judges, must have tended greatly to the neces sary information of the House, and to their better judgment, upon a Bill of so great importance, as well as to the satisfaction and quiet of the citizens of London, who, so far as we can collect from the petitions against the Bill, are greatly alarmed at the consequence thereof; and we are of opinion, that it was the more necessary and the more consistent with the wisdom of this House, to be informed of the law by the judges, upon the question proposed, because we do not find in this Bill any titles, rights, prescriptions, privileges or fransaving or confirmation of any of the ancient chises of the said city, restored to them by the former law.

been proposed to the judges, the rather be2. "We think the question ought to have mitted to be read at the bar of the Committee cause the opinions of several counsel were ad

of the whole House in favour of the said Bill.

(Signed) Bathurst, Lechmere, Coven
try, Wharton, St. John de Bletsoe,
Bristol, Bingley, Strafford, Abingdon,
Bruce, Foley, Gower, Litchfield, Mont-
joy, Arundell, Fran. Cestriens'."

Protest against passing the said Bill.] Then after farther debate, the question was put, whether this Bill, with the Amendments should pass? It was resolved in the affirmative, by 79 against 27.

"Dissentient'

1. "Because we apprehend, that the penalty of 2001. upon the officer presiding at wardmote. elections, as well as at elections even for inembers of parliament, is so small, that it may be construed into an indemnification, and be looked upon rather as an encouragement than a restraint, by a wealthy, partial and arbitrary officer; at least, we are of opinion, that such a one will not be sufficiently deterred by it from returning such candidates as he likes, rather than such as the city chooses; and if ever that melancholy case should happen, we fear neither the candidates nor voters will be able

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to find an effectual method of doing justice for so flagrant an injury, either to themselves or to

the nation.

2. "Because we cannot but think, from the evidence given at the bar, that this Bill will take away from many citizens their right in voting in wardmote-elections, by giving an exclusion to all that inhabit houses under 10l. a year, even though they pay all parish-duties, or 30s. in lieu of them; which we conceive an unjustifiable hardship upon those who may have long enjoyed that right, and have had no crime objected to them, much less proved, as we think it ought to be, before they can justly be deprived of it.

3. Because, by this Bill, no act is to pass in common council for the future (except what relates to the nomination of some few officers) without the assent of the major part of the mayor and aldermen present in such common council; which, we conceive, will give too great an addition of power to the mayor and aldermen, who have already many and large prerogatives incontestably allowed them by the commonalty of the city; and though the counsel for the Bill insisted that the mayor and aldermen had anciently that right which this Bill establishes, yet the proof of that right appeared to us so remote and obscure, that we own ourselves too short-sighted to discern it; and on the other side it appeared plain to us, that even from the time of incorporating the city to this present time, such a claim has very seldom been made, and that it has never been acknowledged; and therefore, we conceive, if there be any foundation for such a right (which we are far from thinking there is) the dispute should be decided first in the inferior courts of justice, and rather determined in the House of Lords upon an appeal, than ended by an act of parliament; which seems to us such a method of determining controversies of this nature, as may prove of the most dangerous consequence to the rights and properties of all the subjects of Great Britain.

4. "Because this Bill abolishes the custom relating to the distribution of the personal estates of free citizens; which is a custom not only of great antiquity, but seems to us to be wisely calculated for the benefit of a trading city, and has been acquiesced under for so many years, without the least complaint of any one free citizen that we ever heard of; that the taking it away in this manner cannot but appear to us too rash and precipitate, and may too probably, in our opinion, be very detrimental to the true interest of this ancient, populous, loyal and hitherto flourishing city, the preservation of whose good order and government the Bill itself, very justly and judiciously, allows to be of the greatest consequence to the whole kingdom.- (Signed) Scarsdale, Straf

ford, Bristol, St. John de Bletsoe, Boyle, Bathurst, Bingley, Berkeley de Stratton, Compton, Bruce, Craven, Weston, Montjoy, Foley, Exeter, Wharton, Fran. Cestriens', Arundell, Abingdon, Litchfield, Gower, Uxbridge."

For the foregoing Reasons and these that follow, viz.

1. "Because we are of opinion, that, the several great alterations made by this Bill in the ancient constitution of the common council, and other the rights, franchises and prescriptions of the city of London, will, if passed into a law, entirely subvert and destroy the ancient title which the city at this time lawfully claims, and has, thereto; and will introduce and enact a new constitution upon the city, hereafter to be claimed and enjoyed, not upon the foundation of their ancient title, but of this act of parliament; which must, as we conceive, in all future times, whenever the city of London may have occasion to assert or defend their ancient title and franchises, bring them under insuperable difficulties, and may be followed with dangerous consequences concerning the very being and constitution of the corporation, many of which it is impossible to foresee or enumerate,

2. "We are of opinion, that the new constitution of the common council enacted by this Bill, whereby a negative is declared and given to the mayor and aldermen, not only in the making of bye-laws for the government of the city, but in other acts concerning the issu ing and disposal of the treasure of the city, and also of the seal of the city, whereby their lands and other estates are subjected to the said negative, and in all other acts and powers at this time, as we conceive, belonging to the common council, excepting only the appointment of some few officers mentioned in the Bill, is a dangerous innovation upon the ancient constitution of the city, unsupported by any evidence offered at the bar, and though in late times mentioned to be claimed, yet contrary, as we conceive, to a clear, uninterrupted and convincing proof of the exercise of the powers and authorities of the common councils of all ages, to the 29th of January, 1723: And we conceive the alteration made by the Bill in this respect to be the more unwarrantable, because the written evidence offered to support the claim of a negative by the mayor and aldermen, was either conceived in general terms unapplicable to that claim, and not maintained by subsequent practice, or was drawn from proceedings in times of trouble and confusion.

3. "We are of opinion, that the extraordinary power, given by this Bill to the mayor and alderman, will vest in them new exors bitant authorities over all the citizens, their rights, liberties and franchises of all kinds, inconsistent with that balance of power in the city, by which the same have been, preserved, and in the future exercise thereof, must, as we conceive, lay the foundation of constant and lasting disputes, divisions and distractions in the City of Loudon.

4.." We think this Bill is the more dangerous, because it creates a new constitution in several particulars contained in it, not framed upon the ancient rights proved or pretended to, or disputed on either side, but is a new model

without due regard to the antecedent rights as claimed by either side, and will deprive a great number of citizens of their ancient rights and franchises in elections and otherwise, without leaving them any opportunity of asserting the same by due course of law, and is a precedent of the most dangerous consequence to all the cities and corporations of this kingdom.

5." We are of opinion, that the abolition of the ancient custom of the city touching the personal estates of freemen, is a dangerous innovation, tending to let into the government of the city persons unexperienced and unpractised in the laudable and beneficial trade of the city and kingdom, and unfit for the magistracy of the city, and may thereby introduce improper and pernicious influences over the citizens; and we think that the strength, riches, power and safety of the city of London have been hitherto, in a great measure, supported by this and other customs of the city, as the walls thereof, and we fear, that the decay of trade, and with that, of the grandeur of the city of London, and the diminution and loss of the great excises and duties arising from the trade of the city, on which the support of his Majesty's government so much depends, may be the consequence of the abolition of this ancient custom and privilege of the freemen of the city of London.

6." Because we are of opinion, that the Petition of the many thousand freemen of the city against this Bill ought to be a far greater weight against this Bill, than the petition of fifteen aldermen for it; and that the confusion which may arise from this Bill, if passed into a law, may tend greatly to the future disturbance of his Majesty's wise and gentle government. (Signed) Wharton, Strafford, Coventry.

The Civil List Bill passed.] April 16. A Bill, For redeeming the Annuities of 25,000l. per annum, charged on the Civil List Revenues by an act of the 7th year of his Majesty's reign, and for discharging the Debts and Arrears due from his Majesty to his servants, tradesmen and others, being read the first time, a motion was made, That an Address be presented to his Majesty, that he will be pleased to give directions, that the proper officers of the Exchequer, Excise, Customs, and Post-office do lay before this House an account of all moneys which have been issued and paid out of the said offices, to any persons on account, for the privy purse, secret service, pensions, bounties, or any sums of money to any persons whatsoever without account, from the 25th of March 1721, to the 25th of March 1725; which being objected to, after debate, the question was put, whether such an Address shall be presented to his Majesty; it was resolved in the negative whereupon the following lords entered their dissent, viz. Lechmere, Strafford, Fran. Cestriens', Warrington, Bathurst.

Protest against passing the same.] April 19. The said Bill being read the third time, and a

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"Because this Bill is to raise a great sum of money, which will, as we apprehend, become a burthen upon the public, and increase that immense load of debt, which is already above fifty millions, and therefore, in our opinions, requires the utmost application to diminish it, and cannot but give us the most melancholy prospect, whenever, especially in a time of peace and tranquillity, we find any addition is made to it; and since his Majesty's revenue, when first settled, was thought sufficient by the parliament to answer all the necessary expences of his civil government, and is larger as we conceive than that of his predecessors; and since that revenue has once already, and not long ago received an aid of the like sum, we think we are fully justified in expecting an account of the reasons of contracting so great a debt; and because that was refused to be laid before us, we are of opinion, we cannot discharge our duty to our country, if we should thus, uninformed, and in the dark, give our consent to this Bill, which being the second of this kind within a short compass of time, we apprehend, may prove of the more pernicious example.- (Signed) Strafford, Bruce,

Boyle."

Lord Finch offers to the Commons a Petition of Henry late Lord Viscount Bolingbroke.] April 20. The Lord Finch, having offered a Petition of Henry St. John, late viscount Bolingbroke, to be presented to the Commons, Mr. R. Walpole acquainted the House, That he had received his Majesty's commands to acquaint the House, That the Petitioner had, seven years since, made his humble application and submission to his Majesty, with assurances of duty, allegiance, and fidelity, which his Majesty so far accepted, as to give him encouragement to hope for some future marks of his Majesty's grace and goodness; and that his Majesty is satisfied that the Petitioner's behaviour has been such as convinces his Majesty that he is an object of his Majesty's mercy, and his Majesty consents that this Petition be presented to the IIouse.

Then the said Petition was brought up and read, setting forth, "That the Petitioner is truly concerned for his offence, in not having surrendered himself, pursuant to the directions of an act of the first year of his Majesty's reign, whereby the Petitioner was attainted of high treason, and forfeited all his real and personal estate,* and by reason thereof hath suffered very great losses: that upon the Petitioner's marriage in 1700, sir Walter St. John, bart. and the lord viscount St. John, the Petitioner's grandfather and father, together with the Petitioner, made a settlement of their familyestates in the coumies of Wilts, Surrey and Middlesex, all which premisses, except a very

*See vol. 7. p. 137.

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small part thereof, are now in the possession of the Petitioner's father, and the Petitioner cannot become intitled thereto for his life, until after his father's decease: That the Petitioner hath, in most humble and dutiful manner, made his submission to his Majesty, and given his Majesty the strongest assurances of his inviolable fidelity, and of his zeal for his Majesty's service, and for the support of the present happy establishment, which his Majesty hath been most graciously pleased to accept; and praying, That leave may be given to bring in a Bill for enabling the Petitioner, and the heirs male of his body, notwithstanding his said Attainder, to take and enjoy the said settled estate, according to the limitations of the said settlement, or other assurances therein mentioned; and for enabling the Petitioner to hold and enjoy any personal estate or effects whereof he now is, or hereafter shall be possessed, and to invest the same in the purchase of any real or personal estate within this kingdom."

Debate thereon.] After the reading of this Petition, the lord Finch moved, that a Bill be brought in according to the prayer of the late viscount Bolingbroke's Petition. This motion was seconded by

Mr. R. Walpole, who having repeated part of what he had before laid before the House by the King's command, in the petitioner's behalf, added, That he was fully satisfied, that he had sufficiently atoned for his past offences, and therefore deserved the favour of that House so far, as to enable him to enjoy the family inhe ritance that was settled upon him; which according to the opinion of the best lawyers, he could not do by virtue of his Majesty's most gracious pardon, without an act of Parliament. This was confirmed by sir Philip Yorke and sir Clement Wearg. Then

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ry to the express tenor of the grand alliance his insolent behaviour towards all the confederates in general, and the Dutch in particular, his sacrificing the interest of the whole confederacy, and the honour of his own country, particularly in the base abandoning of the poor and brave Catalans: a transaction which with he had an opportunity to be intimately acquainted, as having had the honour, at that juncture, to serve the nation as the Queen's Minister in Portugal; and to sum up all his crimes in one, his traitorous design of defeating the Protestant Succession, the foundation of both our present and future happiness; and of advancing a Popish Pretender to the throne, which would have involved his native country in endless misery.

Mr. Arthur Onslow, lord William Paulet, sir Thoinas Pengelly, and Mr. Gybbon supported Mr. Methuen.

Serjeant Miller hereupon said, That he was against the motion for three reasons, 1. Because he thought it against the interest of the King. 2. Against the interest of his country. 3. Against the interest of the present ministry. That he loved the King better than he loved himself; and hated his enemies more than he did that he loved his country as he loved himself; and as he thought its interest inseparable from the King's, so he would not have any public favour shewn to one, who had acted in so notorious a manner against both. And as for the present ministers, he was so well satisfied with their just, prudent, and successful management, that he would not see them exposed to the cabals and intrigues of their inveterate, though seemingly reconciled enemies.

A Bill ordered to be brought in accordingly.] On the other hand sir Thomas Hanmer and Dr. Friend spoke for the notion, and took that occasion to extol his Majesty's royal clemency; and then the question being put, on the lord Finch's motion, it was carried in the affirmative by 231 votes against 113, and his lordship and Mr. R. Walpole were ordered to late lord Bolingbroke's Petition. bring in a Bill according to the prayer of the

Mr. Methuen stood up, and strenuously opposed the lord Finch's motion; he said, That as he had the honour to be one of the King's immediate servants, it might, perhaps, by some be thought unbecoming his station, to appear against a Petition, to the presenting of which his Majesty, in his royal clemency and goodness, Replication of the Commons to the Earl of had graciously been pleased to give his consent: Macclesfield's Answer to the Articles of Imbut that being at liberty to follow the dic-peachment.] April 23 Sir George Oxenden tates of his conscience in this matter, he would freely declare his opinion, that the public crimes for which this Petitioner stood attainted, were so heinous, so flagrant, and of so deep a dye, as not to admit of any expiation or atonement; and whatever he might have done to deserve his Majesty's private grace and pardon, yet he thought him altogether unworthy of any national favour. Hereupon Mr. Methuen in stanced the late lord Bolingbroke's scandalous and villainous conduct,while he had a share in the administration of affairs in the last reign. How he was the principal adviser of, and actor in, the wicked measures that were then pursued; his clandestine negociation of peace without the privity of the queen's allies, contra

reported from the Committee, to whom it was referred to consider of the Answer of Thomas earl of Macclesfield to the Articles of Impeachment exhibited against him, That the said Earl had industriously avoided giving a direct Answer to several matters positively alledged against him, and had endeavoured to disguise the crimes laid to his charge; and that many parts of the said Earl's Answer are contradictory and inconsistent; and the Committee did humbly submit to the judgment of the House their opinion, that for avoiding any imputation of delay to the Commons, in a case of so great. moment, a Replication be forthwith sent up to the Lords, maintaining the charge of the Commons; and that the Committee had pre

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