conspiracies against her life and government; yet nevertheless, such was the wisdom and mo- | deration of that excellent princess and of her ministers, that they never put that severe law in execution; and since those great virtues shone no less brightly in his present Majesty, than in queen Elizabeth, his royal Predecessor, he wished he could say the same of those who have the honour to serve him. Mr. West spoke likewise against the Resolution, but was answered by Mr. Lowndes, captain Vernon, and Mr. R. Walpole, so that the question being put thereupon, it was carried by 188 voices against 172; and a Bill was ordered to be brought in accordingly. Petition from the South Sea Company, relating to the converting one Moiety of their Cupital into Annuities.] December 12. A Petition of the South Sea Company was presented to the House by şir John Eyles, and read, setting forth, That they laboured under an insupportable burden, from which they prayed to be relieved by this House; and that they were content to convert part of their Capital into Annuities, redeemable by Parliament, transferable at and payable by, the said Company. Hereupon Mr. R. Walpole informed the House, That his Majesty had been acquainted with the substance of the said Petition, and had commanded him to acquaint this House; That his Majesty gave his consent that this House should proceed to the consideration of the said Petition, upon condition that the said Company should convert one moiety of their capital into annuities. Then some clauses in the Act of Parliament of the seventh year of his Majesty's reign, intitled, an Act, For making several provisions to restore the public credit, which suffers by the 'frauds and mismanagement of the late Direc'tors of the South-Sea Company and others,' were read, and a motion being made, that the Petition above-mentioned be referred to the consideration of the Committee of the whole House, who were to consider of the State of Public Credit and of the State of the National Debt, the said motion was opposed by Mr. Sloper, serjeant Pengelly, Mr. Hutcheson, Mr. Freeman, and sir Joseph Jekyll: but being answered by sir John Eyles, Mr. Methuen, and Mr. Robert Walpole, the said motion was carried, without dividing. Then the House went into the said Committee, and a motion being made for remitting the two millions due from the South-Sea Company to the government, and for converting into Annuities one moiety of their Capital Stock: this was strenuously opposed by Mr. Sloper, sir Joseph Jekyll, Mr. Thomas Broderick, sir Nathaniel Gould, Mr. Trenchard, sir Wilfred Lawson, and lord Tyrconnel, who were answered by Mr. Hungerford, sir John Eyles, Mr. Yonge, Mr. Horatio Walpole, Mr. Robert Walpole, and Mr. William Pulteney. After a debate that lasted till seven in the evening, the question being put upon the same motion, the same was carried in the affirmative by 210 voices against 147. The Commons appoint a Committee to examine Christopher Layer touching the Conspiracy.] January 15, 1723. Upon a motion made by sir John Rushout, it was resolved, nem. con. "That a Committee be appointed to go to the Tower of London, to examine Christopher Layer, in relation to the conspiracy mentioned in his Majesty's Speech, at the opening of this Parliament, to be carrying on against his person and government;" and ordered, That such members of the House as were of his Majesty's Privy-Council, be the said Committee, viz. The hon. Mr. Spencer Compton, Speaker; Mr. Robert Walpole, sir Joseph Jekyll, Mr. Methuen, Mr. William Pulteney, Mr. John Smith, Mr. Hampden, tieutenant-general Wills, and sir Robert Sutton. After this, upon another motion made by Mr. Robert Walpole, it was also resolved, to address his Majesty, for the several Examinations and Papers relating to Christopher Layer. Jan. 16. Mr. R. Walpole, pursuant to the Address of the House to his Majesty, presented to the House several original Papers relating to Mr. Layer; and having delivered them in at the table sealed up, Mr. Shippen moved, That the packet be opened, and the Papers read. He was seconded by Mr. Jefferies; but Mr. Pulteney having represented, That as those Papers were to be a guide to the Committee appointed to examine Mr. Layer, it was improper to make them public before the said Examination was over; it was thereupon ordered, 1. “That the said Papers be referred to that Committee. 2. That the said Committee meet and sit at such time and place as they thought fit. 3. That three be the Quorum of the said Committee." Debate in the Lords concerning the Printing of Layer's Trial.] Jan. 21.The earl of Anglesea took notice, That at the opening of this session his Majesty, in his Speech from the throne, had been pleased to acquaint both Houses with the discovery of a dangerous Conspiracy, which, for some time, had been formed, and was still carrying on, against his Majesty's person and government; that some of the conspirators had. been taken up and secured, and that endeavours were used for apprehending others; that one of the principal plotters (Christopher Layer) having since that time, been tried and condemned, it was somewhat strange, that no particulars relating to the said Conspiracy had been yet communicated to that House, the rather because several of their members had been apprehended, and were still confined upon suspicion of being concerned in it: And therefore his lordship moved, "That the Judges of the King's-bench be ordered to cause the Trial of Christopher Layer, esq. to be forthwith printed and published, the same being first perused by the King's Counsel." This motion was backed by the earls Cowper, Strafford and Aylesford, the lords Trevor, Ba A thurst, and Lechmere, who urged, "That there | step having been taken, for ought appears to The Lord Carteret, That the Order moved for was altogether unnecessary, directions having, long before, been given by the Judges of the court of King's-bench, for the printing and publishing of the said Trial with all convenient speed; that the said Trial being of a very large extent, and several parts of it, that were taken down in short hand, requiring a great deal of time to be put in order, and revised and rectified by the Judges, and the counsel on both sides, had occasioned the delay complained of; but that the printing of the said Trial being now in great forwardness, the same would be published in a few days. Protest relating thereto.] His lordship was supported by the dukes of Argyle and Newcastle, and a question being stated upon the earl of Anglesea's motion, the previous question was put, That the said question be now put, which was carried in the negative, by 53 voices against 32. "Dissentient' 1. "Because it appeared to us, on the debate of the main question, that there has been an unnecessary and affected delay in the printing and publishing the said Trial, it being full two months since Christopher Layer was tried; and direction having been given for the speedy publishing thereof, so long since as the 27th of November last, as appears by an advertisement, printed by authority, in the Gazette; and it having been allowed in the debate, that the delay was extraordinary, and no fact having been laid before the House sufficient, as we apprehend, to excuse such delay, we think, that the main question ought to have been put, as the only security, in our opinion, against any farther neglect, and to prevent any imputation on the honour of the House for countenancing or conniving at such delay. 2." This House having received no manner of satisfaction, since his Majesty's most gracious Speech from the Throne, touching the horrid Conspiracy therein communicated; and no 1 3. "Because we are apprehensive, that the delay in publishing the said trial may have contributed to create jealousies concerning the said conspiracy, and may have encouraged ill affected persons to foment the same, to the great prejudice of his Majesty's government ; and as, in our opinion, the speedy publishing the said trial, if the same had been done, might have conduced to the prevention of those mischiefs; we also conceive, that the farther growth of them might have been checked, if the main question had been put, and carried in the affirmative. 4." Because we think it of great consequence to his Majesty's service, that the publication of the said trial should have been made under the strictest security against any partiality or other abuse relating thereto; and therefore, we think, the main question ought to have thereof would have been lodged, by authority been put, where by the care and inspection of this House, in the hands of the Judges, to whom it properly belongs; and its falling into any other hands not so proper, or not so immediately responsible to this House, would have been prevented.- -(Signed,) Anglesea, Craven, Cowper, Bathurst, Aylesford, Gower, Osborne, Fran. Cestriens', Weston, Strafford, Hereford, Foley, Lechmere, Trevor, Ashburnham, Compton.". Judges, Counsel. &c, concerned in Layer's Trial, Debate in the Lords on a Motion for the to attend the House.] Then the lord Bathurst moved "That the Judges of the King's-bench should attend in their places on Thursday next, and that the King's counsel who were concernthe counsel for the said Layer at the said trial, ed in the trial of Christopher Layer, and also and Mr. Samuel Buckley, and the person or persons who took the said trial in short hand, should attend at the bar of this House at the the lord Lechmere, the earls of Stratford, Cosame time." This motion was supported by ningsby, Bristol, and Cowper; but was opposed by the lords Carteret and Onslow, and the duke of Newcastle. Protest on the said Motion's passing in the Negative.] So that the question being put thereupon, it was carried in the negative, by 48 voices against 29. "Dissentient' 1. "Because the House having resolved, that the question for ordering the printing the trial of Layer should not now be put, we are of opinion, that it is thereby made necessary, for the honour of the House, that the occasion of the delay should be inquired into; for without such inquiry, we are apprehensive, that the proceedings of this House may be misconstrued as tending to countenance such delay. 2. "Because we think it the right of this House to enquire into all neglects or abuses which concern the public; and though it was objected in the debate, that such inquiry might carry some imputation on the judges, or other persons concerned; we think that that objection may be equally assigned against all inquiries; but is inconsistent with the honour and dignity of the House, and ought not, as we conceive, to be put in the balance with the honour of the House and the public service, to which the question, in our opinion, has an apparent tendency.- -(Signed,)___ Anglesea, Aylesford, Ashburnham, Fran. Ces triens', Brooke, Craven, Strafford, Compton, Weston, Lechmere, Gower, Trevor, Cowper, Osborne, Bathurst, Foley." Debate on the Protest of Jan. 21, relating to the Printing of Layer's Trial.] Jan. 29. The Order was read, for taking into consideration the Protest entered in the Journal of this House upon Monday the 21st of this instant January; and the several Reasons in the said Protest being read, a motion was made, That it is a groundless assertion in the Protest entered upon Monday the 21st of this instant January, that it appeared in the debate, that there had been an unnecessary and affected. Delay in the printing and publishing the trial of Christopher Layer; and the utmost indignity to this House to suggest that any question was necessary to have been put, for preventing an imputation on the honour of this House, for countenancing or conniving at such delay. "Dissentient' 1. "Because, the assertion and suggestion in the Protestation intended to be censured by the Resolution are qualified as the amendments offered would have stated them, if admitted, by being restrained to the opinion of the Lords who signed the Protestation; but those restrictions are wholly omitted in the Resolution : And we are clearly of opinion, that if the assertion and suggestion had been set forth in the Resolution, as they stand in the Protestation, they could not have been censured with any colour of justice; but that the said omission being, as we conceive, of a circumstance extremely material, we think the censures contained in the Resolution are not applicable to the assertion and suggestion found in the Protestation, but to such as are of a very different nature. 2, "The restraining the assertions used in Protestations to the apprehension or opinion of the Lords protesting, where it contradicts the opinion of the House, is, as we conceive, so much of the essence of a Protestation with reasons, that of the great number of instances of such Protestations standing on the Journals of this House, not one would be found regular among them, if that due caution and respect to the opinion of the majority was omitted; and therefore it seems clear to us, that the like censure might be as justly passed on all the Protestations with reasons, that were ever entered, if they were recited and represented in the same manner as we conceive this to be. -(Signed,) Brooke, Fran. Cestriens', Scars dale, Cowper, Craven, Montjoy, Ashburnham, Trevor, Litchfield, Exeter, Guildford, Osborne, Hereford, Uxbridge, Strafford, Anglesea, Lechinere, Compton, Foley, Bathurst, Hay, Aberdeen, Gower, Bingley." Farther Protests relating to the Printing of Layer's Trial.] Then a motion was inade, "That the said Trial has been printed and published with as much expedition as the length and nature of the said Trial, and the careful perusal and examination thereof by the Judges, could admit of, and in as little tine as has been generally accustomed in the like cases; and that it is an unjust insinuation that the authority of this House was wanting for lodging the care and inspection of the said Trial in the hands of the Judges, or that there was any danger of its falling into any other hands, or that the same had been under the di And a question being stated thereupon, it was proposed after the word Debate,' and before the word that' to add these words, viz. to the Lords who signed the said Protest,' Which being objected to, the question was put whether those words shall be made part of the question? It was resolved in the negative. Content 34. Not content 64. Then it was proposed, after the word, 'ques-rection of any others whatsoever besides the tion,' and before the words 'was necessary,' to insert these words, viz. in the opinion of 'the same Lords.' Which being likewise objected to, the question was put, whether those words should be made part of the question? It was resolved in the negative. Protest relating to the said Protest.] Then the foregoing stated question was put; aud it was resolved in the affirmative. Judges." And a question being stated thereupon, it was proposed to leave out these words, "And that it is an unjust insinuation, that the authority of this House was wanting for lodging the care and inspection of the said trial in the hands of the Judges, or that there was any danger of its falling into any other hands, or that the same had been under the direction of any others whatsoever besides the Judges." Which being objected to, the question was put, whether those words shall stand part of the question? It was resolved in the affirmative, by 62 against 35. "Dissentient' "Because we conceiveit to be contrary to the nature and course of proceedings in Parliament, that a complicated question consisting of matters of a different consideration should be put, especially if objected to, that Lords may not be deprived of the liberty of giving their judg ments on the said different matters, if they think fit.—(Signed,) Scarsdale, Aberdeen, Exeter, Brooke, Osborne, Hay, Trevor, Anglesea, Cowper, Fran. Cestriens', Montjoy, Foley, Ashburnham, Strafford, Gower, Craven, Bathurst, Guilford, Litchfield, Lechmere, Bingley, Uxbridge, Compton, Hereford." Then the main question was put, "That the said Trial has been printed and published with as much expedition, as the length and nature of the said Trial, and the careful perusal and examination thereof by the Judges, could admit of, and in as little time as has been generally accustomed in the like cases; and that it is an unjust insinuation, that the authority of this House was wanting for lodging the care and inspection of the said Trial in the hands of the Judges, or that there was any danger of its falling into any other hands, or that the same had been under the direction of any others whatsoever besides the Judges ?" It was resolved in the affirmative, by 58 against 32. "Dissentient' 1. "Because when a question was noved, on the twenty-first of this instant, in order to appoint a day for this House to inquire, if the printing Layer's Trial was dispatched with all proper expedition, or if not, where the fault lay; which would naturally have led us to have seen if it had fallen into any other hands than it should have done; though we thought it highly reasonable, the majority of the House then did not, and we were yet willing to have gone into the same examination; but we cannot conceive it to be fit or agreeable to the dignity or regular course of proceedings in this House to vote or resolve so many matters of fact, as are contained in this Resolution, without any examination at all, or any evidence. given to support them, and which in their nature, we think, cannot be within the knowledge of any one lord present in the debate. 2. As for the insinuation with which the protestation is charged by this resolution, we do not apprehend the protestation to be justly liable to that charge; but supposing it to be so, we cannot yet but be of opinion, that the permitting that matter to have been fully inquired into, would have been the properest and best method of preventing or answering that insis Duation. (Signed,) Litchfield, Foley, Gower, Lechmere, Guilford, Scarsdale, Trevor, Bingley, Brooke, Strafford, Compton, Exeter, Craven, Cowper, Aberdeen, Hay, Uxbridge, Osborne, Anglesea, Fran. Cestriens', Montjoy, Bathurst, Hereford." Protest relating to the Conspiracy.] Then a motion was made, "That this House, not ca pable of doubting of the truth of the traiterous Conspiracy communicated to them by his Majesty in his Speech from the throne, has ever from some convincing proofs touching the same, since that time received very great satisfaction and is firmly persuaded, that such farther satisfaction will he yet in due time given, as must of;" and a question being stated thereupon, render it impossible for any one to doubt thereafter debate, the previous question was put, whether the said question shall be now put? It was resolved in the affirmative. "Dissentient' 1. "Because to the best of our apprehensions, no part of the Protestation gave occasion for the putting of such a question; for it was, as we conceive, clearly admitted in the Protestation, that his Majesty's most gracious Speech from the throne had given satisfaction as to the truth of the conspiracy in general; and the excepting Layer's Trial therein did plainly allow, that the said trial had, as far as that went, opened the particulars; and yet the resolution, as we take it, carries with it an insi nuation, that the Protestation had raised a doubt concerning the truth of the said traiter ous Conspiracy; which insinuation is, in our opinion, entirely groundless. 2. "The said several Resolutions importing. censures, as we conceive, on the said Protestation, and being not warranted by more than one precedent, that we can find, on the Journals of this House; and the liberty of protesting with reasons being an unquestionable right aud essential privilege of the whole peerage, we are of opinion that the said Resolutions tend to discountenance and discourage the due liberty of protesting; and in that respect may be, as we apprehend, of dangerous consequence.(Signed,) Litchfield, Osborne, Guilford, Comp ton, Bathurst, Bingley, Hay, Montjoy, Brook, Fran. Cestriens', Craven, Anglesea, Foley, Lechmere, Scarsdale, Aberdeen, Strafford, Hereford, Cowper, Uxbridge, Exeter, Gower." Protest against the Number of Land-Forces for the Year 1723.] February 16. Report was made from the Committee of the whole House, of the Amendments made to the Bill for punishing Mutiny and Desertion; and the Amendment, in relation to the number of forces to be allowed, which was to specify that 16,449 effective men, and 1,815 invalids should be the number instead of all the forces then on foot, being read a second time, the question was put, whether to agree with the Committee in the said: Amendment? It was resolved in the af firmative. Content 70, Not-Content 25. "Dissentient' this will be a means of continuing them in perpetuity; for we think it probable, there will, at all times hereafter, be easily found as good reasons for continuing this increase, as there is now for making it. 1. "Because, as we conceive, the keeping an army of regular troops in this kingdom, under martial law, consisting of a greater numher than what we take to be necessary for the guard of the King's person, and defence of the 5." Because we think the greatest, and government, is of the most dangerous conse- only lasting security to his Majesty and his goquence to the constitution of this kingdom;vernment, is in the hearts and affections of bis and, in our opinion, may bring on a total alteration of the frame of our government froin a legal and limited monarchy to a despotic; and we are induced to be of this judgment, as well from the nature of armies, and the inconsistency of so great a military power and martial law with the civil authority, as from the known and universal experience of other countries in Europe, which by the influence and power of standing armies, in time of peace, have from limited monarchies, like ours, been changed into absolute: for which reason we cannot give our consent to this Amendment, whereby the present number of troops amounting in the whole (invalids included) to fourteen thousand odd hundred men (which we think abundantly sufficient for all good purposes) will be increas-prehend, ought most carefully to be avoided in ed to near four thousand more, although there be at this time no ground to apprehend an invasion from a foreign enemy, or, as we believe, any insurrection or rebelliou at home. 2. "Because that which seems to have given rise to this augmentation of the army, is the late treasonable conspiracy, which his Majesty at the opening of this session, acquainted his parliament with; and that conspiracy having been discovered above eight months since, and the farther detecting and punishing the conspirators having been ever since in the hands of a faithful and diligent ministry, we cannot think it at all probable the conspiracy should still be carrying on; or if any aregs of it should be yet remaining, that the government cannot be easily secured by a civil authority, assisted by so great a number of troops as are at present on foot; and therefore we cannot think ourselves justifiable to the kingdom (whose rights and privileges we are intrusted to preserve) had we given our votes for this augmentation of troops, when no evident necessity, or just occasion appeared to us for such an increase. S.". Because the act passed this session, to enable his Majesty to apprehend and detain in custody, any person (suspected of being engaged in any treasonable conspiracy) for above twelve months, though that power had never been granted to the crown before, for half that time at once (and that when there was an actual rebellion, or expected invasion) was so great a power added to the former authority of the crown, that we cannot but think it altogether sufficient to prevent any mischiefs from treasonable plots or practices, which may be be carried on by any rebellious or discontented persons, without increasing the army, which, in its present state, is not submitted to, but as necessary for avoiding a greater evil. 4. "Though the intended augmentation by this bill is intended only for one year, yet we fear subjects; and if the disaffection or discontents which have of late happened from some unfortunate proceedings, are thought by any to be an argument for raising more. forces, we think it the duty of all good subjects, who wish well to his Majesty and our present happy establishment, to use their best endeavours for curing those discontents, by removing or lessening the occasions of them, and consequently that there should not be an augmentation of the army, which is already sufficiently burthensome to the subjects, both by the great charge of maintaining them, and by the uneasiness to the places where they are quartered; because thereby the charge to the subjects will be considerably increased, which, as we ap : our circumstances, when the load of taxes is already so very great, and the kingdom involved in so immense a debt, that nothing but the most prudent economy and good husbandry, can give us any probable prospect of easing it and therefore not being convinced of any real or just ground for such increase of troops, do fear that this will not take away or lessen, but rather increase the discontents and disaffection of the people, and, in that respect, weaken his Majesty's government, in a greater degree than it will be strengthened by this addition of forces, allowing something for the possibility of false musters.- -(Signed) W. Ebor', Powlet, Uxbridge, Aberdeen, Ox- REPORT OF THE COMMITTEE OF THE HOUSE Feb. 1. Mr. Hungerford reported, from the Committee appointed to inquire into the Project, called "The Harburgh Lottery,' "'* and all "The affair which occasioned the most talk, next to the Plot, was the Harburgh Lottery, which was brought before the Parliament this session. The lottery took its name from the place where it was to be drawn, the town and port of Harburgh on the river Elbe, within the King's German dominions, where the projector was to settle a trade for the woollen manufacture between England and Germany. The House of Commons having appointed a Committee to inquire into this and other lotteries, then carrying on in London, it was represented in their Report, That the scheme pro |