May 1725, 11-20

DIE Mercurii, 12^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

E. of Macclesfield's Trial further proceeded in:

The Order being read, for the further proceeding in the Trial of the Earl of Macclesfield:

A Message was sent to the House of Commons, by Mr. Edwards and Mr. Bennet Junior, to acquaint them therewith.

And the Managers being come:

And the said Earl sitting on a Stool as before, and his Counsel and Solicitors at the Bar:

The usual Proclamation was made, for Silence; as also that signifying, "His Lordship was on his Trial; and that all Persons might come forth, in order to make good the Charge against him."

After which, the Speaker acquainted the Counsel for the Earl of Macclesfield, "That they might proceed in his Lordship's Defence."

Whereupon, Mr. Serjeant Probyn, Doctor Sayer, and Mr. Lingard Common Serjeant of the City of London, were severally heard what they had to offer in the said Earl's Defence.

And, having done, Roger Lewis Deputy to the Clerk of the Custodies was produced.

And being sworn:

The Counsel desired he might be asked, "Whether any Present or Compliment was made to the Great Seal, upon Mr. Thompson's obtaining the Office of Clerk of the Custodies?"

Which being objected to by the Managers:

The Counsel were asked, "Whether they produced this Witness in order to prove a Matter of Right, or in Extenuation only?"

And answering, "They did it in both respects;" and desiring the Witness might answer the said Question:

The Managers insisted, "The same ought not to be asked."

Whereupon all Parties were directed to withdraw.

And being withdrawn accordingly:

The Act passed this present Session, for indemnifying the Masters in Chancery, upon their discovering what they paid for their Admission, was read.

After Debate;

It was proposed. "To resolve, That the Counsel be at Liberty to proceed in their Evidence, as they were going."

Which being objected to:

It was moved, "That the Judges be required to deliver their Opinion, Whether, in the Trial of an Information against an Officer, for Extortion committed against the Statute of the Fifth and Sixth of King Edward the Sixth, against buying and selling of Offices, such Officer may be at Liberty, on such Trial, to give in Evidence the Practice of his Predecessors?"

And the same being objected to;

And a Question being stated on the said Motion:

The previous Question was put, "Whether the Judges shall deliver their Opinion upon the said Question?"

It was Resolved in the Negative.

Then the Question was put, "Whether the Counsel for the Earl of Macclesfield shall be at Liberty to proceed in their Evidence, as they were going?"

It was Resolved in the Affirmative.

And all Parties being again called in; the Counsel were acquainted with the said Resolution.

Who thereupon again called Roger Lewis; and desired he might answer the Question by them before proposed to be put to him.

But he not being able to give any Account in relation to that Matter, of his own Knowledge:

The Counsel produced William Oker; who, being sworn, was examined as to his Knowledge of any Claim or Demand made of any Money or Present, upon the Surrender of the Office of Clerk of the Custodies.

Next, Edward Duppa was sworn, and examined in relation to the same Matter.

Then, Samuel Layton, being sworn, and asked, "If he was not formerly a Cursitor?"

Answered, "He had been so divers Years."

And then it being desired by the Counsel, "He might acquaint the House, Whether he knew of any, and what, Money paid or given, on account of any Transfers of that Office:"

The same was objected to by the Managers, in regard they had not given any Evidence in relation to the same Office.

And it being insisted on by the Counsel, he should answer that Question:

All Parties again were directed to withdraw.

Proposed, "To resolve, That the Counsel be not permitted to give Evidence touching the Sale of the Office of Cursitors; for that no Evidence hath been given in relation thereto by the Managers for the Commons."

And the same being agreed to, all Parties were again called in.

And the Counsel were acquainted with what the House had determined.

Who then produced Tench, Clerk of the Patents to the Attorney General; and he, being sworn, was examined as to the Amount of the Fees paid for the passing the Patent to Mr. Hamersley, granting him the Office of Clerk of the Custodies, and to whom such Fees were paid.

After which, the Counsel proceeding to call Witnesses in the Earl's Defence, with relation to the Charge in the Fifth Article:

All Parties were directed to withdraw.

Ordered, That this House will proceed further in the Trial of the Earl of Macclesfield To-morrow, at Ten a Clock in the Forenoon.

Message to H. C. that the Lords will proceed further in it.

And a Message was sent to the House of Commons, by Mr. Edwards and Mr. Elde, to acquaint them therewith.

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum tertium diem instantis Maii, hora decima Auroræ, Dominis sic decernentibus.

DIE Jovis, 13^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

E. of Macclesfield's Trial further proceeded in:

The Order being read, for the further proceeding in the Trial of the Earl of Macclesfield:

A Message was sent to the House of Commons, by Mr. Conway and Mr. Edwards, to acquaint them therewith.

And the Managers being come:

And the said Earl sitting on a Stool as before, and the Counsel and Solicitors at the Bar:

The usual Proclamation was made, for Silence; as also that signifying, "His Lordship was on his Trial; and that all Persons might come forth, in order to make good the Charge against him."

After which, the Speaker acquainted the Counsel for the Earl of Macclesfield, "That they might proceed in his Defence."

Who thereupon acquainted the House, "They would offer Evidence, in relation to what is charged in the Fifth, Sixth, Seventh, and Eighth Articles."

And, for that Purpose, produced Mr. Meller, who had formerly been a Master in Chancery; and desired he might be asked, "Whether he knew of any Money paid to the Great Seal by any Master, upon his Admission."

Whereupon he desired to be excused answering thereto; insisting, "As he had been lately a Master, he ought not to be obliged to make any Answer which might tend to accuse himself."

But the Earl and his Counsel desiring an Answer might be given;

And the Managers objecting thereto:

They were all directed to withdraw.

And, after Debate;

It was agreed, for the Reason insisted on by the said Mr. Meller, "That he should not be obliged to answer the said Question."

And all Parties concerned being again called in:

The Speaker acquainted the Counsel for the Earl of Macclesfield with what the House had determined.

Then the Counsel desired he might be asked, "Whether he knew of any Money given on the Admission of any other Master, except himself?"

Which being likewise objected to:

They desired, "He might give an Account of any Transaction he may have had with any Masters, in relation to their paying Money to the Great Seal, on their Admission."

And he thereupon declaring, "He could not give any Account of such Transactions of his own Knowledge:"

Mr. Lovibond was produced, and examined, "Whether any, and what, Money was paid to the Great Seal, on his Admission?"

Next, Mr. Cottingham was examined as to what he knew of Mr. Holford's Admission; and what was paid to the Great Seal on that Occasion.

As was also the said Mr. Holford examined to the same Matter.

Then Mr. John Bennet was produced, and examined how much he paid to the Great Seal on his Admission.

And Sir Thomas Gery, who had been formerly a Master, being sworn; it was desired he might be asked, Whether he knew of any Money paid to the Hands of a Lord Chancellor or Lord Keeper, or to their Use, upon the Admission of a Master in Chancery?"

And he desiring to be excused, as Mr. Meller had done, for the same Reason:

He was examined, "Whether he was required, when a Master, to make up an Accompt of the Suitors Money in his Hands?"

Then, Thomas Steele was sworn, and examined, Whether the Prices of Offices in the Court of Chancery, and in particular the Six Clerks Office, were increased in Value more than formerly?"

Next, Edward Goldsborough was sworn, and examined to prove the Earl of Macclesfield's paying into the Court of Chancery the Value of Three Thousand Guineas, which he received of Mr. Kynaston and Mr. Thomas Bennet, from each Fifteen Hundred Guineas, on their respective Admissions; and how the said Money was applied.

Then Ellis, being sworn, was examined as to what he knew of any Person's offering more Money for a Master's Place, upon the Death of Mr. Borret, than was given for it by Mr. Thurston.

And then the Counsel for the Earl acquainting the House, "They had no further Evidence to offer in his Defence, touching these Articles:"

Mr. Robyns opened the Nature of the said Earl's Defence, in relation to the Eleventh and Twelfth Articles.

And Mr. Steele was examined, in relation to his Knowledge of Mr. Thomas Bennet, One of the present Masters; and of his Substance about the Time he was admitted into his Office.

Next, William Walker was sworn, and examined as to his Knowledge of any Proposal or Agreement, or any Order made, in relation to Mr. Hiccocks, One of the late Masters, delivering over the Money Mr. Thomas Bennet paid, or was to pay, him on his Resignation.

And Richard Rogers was sworn, and examined what he knew of any Money advanced, to make good the Deficiency of Mr. Kynaston, One of the present Masters.

Then Mr. Holford was called, and examined as to his Knowledge of any, and what, Declaration was made by Mr. Thomas Bennet, if Mr. Hiccocks would pay a certain Sum of Money towards his Deficiency, he himself could or would pay the rest.

And Mr. Thurston and Mr. Elde were likewise examined, in relation to the same Matter.

After which, the Counsel acquainted the House, That they had produced all the Evidence they thought proper, in the Earl's Defence, in relation to the Charge in the Eleventh Article; and it being impossible to prove a Negative, they hoped they had invalidated the Testimony of Mr. Thomas Bennet, to prove the Charge in the Twelfth Article, that the Money given for Masters Places was advanced out of the Effects of the Suitors; and should rest it there."

Then all Persons concerned in this Impeachment were directed to withdraw.

Ordered, That this House will proceed further in the Trial of the Earl of Macclesfield, To-morrow, at Ten? Clock in the Forenoon.

Message to H. C. that the Lords will proceed further in it.

And a Message was sent to the House of Commons, by Mr. Conway and Mr. Edwards, to acquaint them there with.

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum quartum diem instantis Maii, hora decima Auroræ, Dominis sic decernentibus.

DIE Veneris, 14^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ (fn. 1) .

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

E. Macclesfield's Trial further proceeded in:

The Order being read, for the further proceeding in the Trial of the Earl of Macclesfield:

A Message was sent to the House of Commons, by Mr. Conway and Mr. Edwards, to acquaint them therewith.

And the Managers being come;

And the said Earl sitting on a Stool as before; and his Counsel and Solicitors at the Bar:

The usual Proclamation was made, for Silence; as also that signifying, "His Lordship was on his Trial; and that all Persons might come forth, in order to make good the Charge against him."

After which, the Speaker acquainted the Counsel for the Earl of Macclesfield, "That they might proceed in his Defence."

Whereupon Mr. Strange opened the Nature of the Evidence they intended to offer in the said Earl's Defence, with relation to the Thirteenth and Fourteenth Articles.

And produced Dormer Parkhurst; who was sworn, and examined as to what Conversation had passed between him and the late Mr. Dormer, previous to his absconding, and going beyond Sea; and the Reasons he gave, which induced him so to do.

Next, John Elphinston was sworn, and examined as to what Orders were given in relation to the Effects of the said Dormer in the Public Funds, and by whom.

And Mr. Cottingham was examined as to what Notice he had of the said Dormer's withdrawing, and what Care was taken to secure his Effects.

Then William Hunt was sworn, and examined in relation to any Suits at Law Mr. Wilson a Banker had with one Mr. Poulter; and produced Copies of Two Judgements at Law obtained against the said Poulter, for large Sums of Money.

And Peter Gandey was sworn, and examined what he knew of the said Poulter's being esteemed a Man of good Substance.

And Scot, being sworn, was likewise examined to the same Matter.

The Counsel then acquainted the House, "They would proceed in Defence of the Earl, in relation to the Fifteenth, Sixteenth, and Seventeenth Articles"

And produced Mr. Cottingham; who was examined touching his Knowledge of any Contribution made by the Masters, in order to supply Dormer's Deficiency; and also whether any, and what, Directions were given, for the Masters bringing in Accompts of Matters in their respective Offices.

Next Mr. Holford was examined as to his Knowledge of any such Directions above-mentioned.

Then Mr. Cottingham was called again, and examined what he knew in relation to the Thousand Pounds paid to Mr. Lochman, for the Use of Mrs. Chitty, and what Conversation he had with the said Lochman on that Occasion.

Also Mr. Elphinston was again examined, as to what Conversation he had with the same Mr. Lochman, in relation to his receiving the said Thousand Pounds.

The Counsel then made some Observations on the Proofs offered in Maintenance of the Seventeenth and Eighteenth Articles; but produced no Evidence in relation thereto, in regard, as they alledged, no Proof was capable of being offered on their Part.

After which, Mr. Goldsborough was examined in relation to Mr. Cottingham's Character.

As were likewise Price, Nathan Hickman, and Jasper Blythman, to the same Matter.

Then Mr. Oker was produced, and examined as to his Knowledge of any, and what, Bounty and Charity had been distributed by the Earl of Macclesfield, and to whom.

And Hunt, Smithies, John Myers, and Edward Saunders, were severally sworn, and examined as to their Knowledge of the same Matter, and what they had received of the said Earl as his Bounty and Charity; and gave a particular Account of the Circumstances thereof.

Then the Lord Bishop of Oxford, being sworn, did, in his Place, give the House an Account of the Earl's Benefaction for the Advancement and Encouragement of Learning in the University of Oxford, how the same was applied, and the Amount thereof.

After which, Mr. Common Serjeant, Mr. Robyns, and Mr. Strange, did severally make their Observations on the Earl's Defence.

And then his Lordship desiring Time till Monday, to lay his Observations on the Evidence offered by the Managers before the House:

They were all directed to withdraw.

Ordered, That this House will proceed further in the Trial of the Earl of Macclesfield on Monday next.

Message to H. C. that the Lords will proceed further in it.

And a Message was sent to the House of Commons, by Mr. Conway and Mr. Edwards, to acquaint them therewith.

No more Appeals to be heard this Session.

Ordered, That this House will not hear any more Appeals during this Session of Parliament.

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum septimum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 17^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

E. Macclesfield's Trial further proceeded in:

The Order being read, for the further proceeding in the Trial of the Earl of Macclesfield:

A Message was sent to the House of Commons, by Mr. Conway and Mr. Edwards, to acquaint them therewith.

And the Managers being come;

And the said Earl sitting on a Stool as before; and his Counsel and Solicitors at the Bar:

The usual Proclamation was made, for Silence; as also that signifying, "His Lordship was on his Trial; and that all Persons might come forth, in order to make good the Charge against him."

After which, the Speaker acquainted the Counsel for the Earl of Macclesfield, "That, if they had any Thing further to offer, they might proceed in his Defence."

Whereupon Mr. Serjeant Probyn acquainted the House, "They had been guilty of an Omission in relation to the Evidence offered in the said Earl's Defence, particularly as to his Lordship's Liberality and Charity:" And thereupon mentioned the Value of the said Earl's Real and Personal Estates; and desired Liberty to produce a Witness or Two to these Pariculars.

Which being objected to by the Managers; and insted on as well by the said Earl as his Counsel:

They were all directed to withdraw.

And after Debate;

It was proposed, and agreed, "That the Evidence offered by the Earl of Macclesfield, with respect to the further Account of his Charity, be not now admitted."

As also, "That the said Earl be not now permitted to give Evidence of the Value of his Estate, either Real or Personal."

Whereupon all Persons concerned were again called in.

And the Counsel for the Earl were acquainted with what the House had determined.

And thereupon his Lordship acquainted the House, He had used the utmost Application he was able, to be now in a Readiness to make proper Observations on the Evidence offered on his Part; but, the Extensiveness and Variety of the Matters charged being so great, he was necessitated to request their Lordships Indulgence for a Day or Two more."

Upon which, all Parties were again directed to withdraw.

Ordered, That this House will proceed further in the Trial of the Earl of Macclesfield on Wednesday next, at Ten a Clock in the Forenoon.

Message to H. C. that the Lords will proceed further in it.

And a Message was sent to the House of Commons, by Mr. Edwards and Mr. Conway, to acquaint them therewith.

Frauds in the Revenues to prevent, Bill.

The House being moved, "That the Bill, intituled, An Act for more effectual preventing Frauds and Abuses in the Public Revenues; for preventing Frauds in the Salt Duties; and for giving Relief for Salt used in curing of Salmon and Cod Fish, in the Year One Thousand Seven Hundred and Nineteen, exported from that Part of Great Britain called Scotland; for enabling the Insurance Companies to plead the General Issue in Actions brought against them; and for securing the Stamp Duties upon Policies of Insurance," be now read:

The same was objected to.

And the Question being put, "Whether the House do now adjourn till Wednesday next, at Ten a Clock?"

It was Resolved in the Negative.

Then the said Bill was read the First Time.

Henry St. John late Viscount Bolingbroke's Bill:

Hodie 1^a vice lecta est Billa, intituled, "An Act for enabling Henry St. John late Viscount Bolingbroke, and the Heirs Male of his Body, notwithstanding his Attainder, to take and enjoy several Manors, Lands, and Hereditaments, in the Counties of Wilts, Surrey, and Middlesex, according to such Estates and Interests as to him or them are limited thereof by the Quinquepartite Indenture and other Assurances therein mentioned; and for limiting the same, in Default of Issue Male of the Body of the said late Viscount Bolingbroke, to the other Sons of Henry Viscount St. John successively in Tail Male; and for other Purposes therein expressed."

His Majesty's Consent to it signified.

And thereupon the Lord Viscount Townshend acquainted the House, "That he was commanded, by His Majesty, to inform their Lordships, that Henry St. John late Viscount Bolingbroke had, several Years since, made his Submission to His Majesty, and given him the strongest Assurances of his Fidelity; and the Conduct and Behaviour of the said late Viscount having since been to His Majesty's Satisfaction, He was therefore consenting the Bill might be proceeded in, as the House shall think proper."

And it being moved, "That the said Bill be read a Second Time on Thursday next:"

After Debate;

The Question was put, "Whether the said Bill shall be read a Second Time on Thursday next?"

It was Resolved in the Affirmative.

Ordered, That the Lords be summoned; and that all the Judges do attend at the Second Reading of the said Bill.

Address for a Copy of the Pardon to the late Lord Vis. Bolingbroke.

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to direct the proper Officer to lay before this House, a Copy of the Pardon lately passed under the Great Seal to Henry late Viscount Bolingbroke."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum nonum diem instantis Maii, hora decima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 19^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

Message from H. C. to return Mr. Annesley's Bill to dissolve his Marriage.

A Message was brought from the House of Commons, by Mr. Conduit and others:

To return the Bill, intituled, "An Act to dissolve the Marriage of Francis Annesley the Younger Esquire with Elizabeth Sutton; and to enable him to marry again, and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

King's Answer to Address for a Copy of the Pardon to the late Viscount Bolingbroke.

The Lord Steward reported, "That the Lords with White Staves (according to Order) had presented to His Majesty the Address of this House of Monday last, That His Majesty would be graciously pleased to direct the proper Officer to lay before this House, a Copy of the Pardon lately passed under the Great Seal, to Henry late Viscount Bolingbroke; and that His Majesty was pleased to say, He would give Order, that the said Copy should be laid before this House accordingly."

Copy delivered.

And the House being informed, "That a Person attended, with a Copy of Henry St. John late Viscount Bolingbroke's Pardon."

He was thereupon called in; and delivered the same at the Bar.

And withdrew.

And the Title thereof was read.

E. Macclesfield's Trial further proceeded in.

The Order being read, for the further proceeding in the Trial of the Earl of Macclesfield:

A Message was sent to the House of Commons, by Mr. Thomas Bennet and Mr. Thurston, to acquaint them therewith.

And the Managers being come;

And the Earl sitting on a Stool as before; and his Counsel and Solicitors at the Bar:

The usual Proclamation was made, for Silence; as also that signifying, "His Lordship was on his Trial; and that all Persons might come forth, to make good the Charge against him."

After which, the Speaker acquainted the Earl of Macclesfield and his Counsel, "That, if they had any Thing further to offer, they might proceed."

Whereupon the Earl returned his Thanks to the House, for their Lordships Indulgence, in giving him Time to recollect his Thoughts; and spoke very largely to the Particulars urged against him; and made divers Observations on the Evidence by them produced.

And, having ended, it was desired by the Managers, That the Letter written by Mr. Lightboun to the said Earl might be delivered in."

Which being done accordingly;

All Persons concerned were directed to withdraw.

Ordered, That this House will proceed further in the Trial of the Earl of Macclesfield on Friday next, at Ten a Clock in the Forenoon.

Message to H. C. that the Lords will proceed further in it.

And a Message was sent to the House of Commons, by Mr. Thomas Bennet and Mr. Thurston, to acquaint them therewith.

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum diem instantis Maii, hora duodecima, Dominis sic decernentibus.

DIE Jovis, 20^o Maii.

Domini tam Spirituales quam Temporales præsented fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

Frauds in the Revenues, to prevent, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for more effectual preventing Frauds and Abuses in the Public Revenues; for preventing Frauds in the Salt Duties; and for giving Relief for Salt used in the curing of Salmon and Codfish, in the Year One Thousand Seven Hundred and Nineteen, exported from that Part of Great Britain called Scotland; for enabling the Insurance Companies to plead the General Issue in Actions brought against them; and for securing the Stamp Duties upon Policies of Insurance."

Ordered, That the said Bill be committed to a Committee of the whole House, presently.

Then the House was adjourned during Pleasure, and put into a Committee upon the said Bill.

And, after some Time spent therein, the House was resumed.

And the Lord Delawarr reported from the said Committee, "That they had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Henry St. John late Vis. Bolingbroke's Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for enabling Henry St. John late Viscount Bolingbroke, and the Heirs Male of his Body, notwithstanding his Attainder, to take and enjoy several Manors, Lands, and Hereditaments, in the Counties of Wilts, Surrey, and Middlesex, according to such Estates and Interests as to him or them are limited thereof, by the Quinquepartite Indenture and other Assurances therein mentioned; and for limiting the same, in Default of Issue Male of the Body of the said late Viscount Bolingbroke, to the other Sons of Henry Viscount St. John successively in Tail Male; and for other Purposes therein expressed."

After long Debate;

The Question was put, "Whether the said Bill shall be committed?"

It was Resolved in the Affirmative.

Protest aginst committing it.

"Dissentient.

"Wharton.
Lechmere.
Warrington.
Coventry.
Bristol."

Ordered, That the said Bill be committed to a Committee of the whole House, on Saturday next.

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum primum diem instantis Maii, hora decima Auroræ, Dominis sic decernentibus.

Footnotes