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Die Martis 13° Jprilis, 1725.
Bill for regulating Elections within the city
It was proposed to ask the Opinion of the Judges,
Act mentioned in the Question, That the Mayor,
6lbly, Because we are of Opinion, that the Pe-
V/bartcn, Straffcrd, Coventry,
Die Luna 190 Jprilis, 1725.
Hodie 33 vice lecla eft Billa, entitled, An Act for
Because this Bill is to raise a great Sum of Mo-
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.
Strajford, Bruce, Beyle.
T>ie Luna 26° Apr His, 1725.
The Commons having brought up a Replication to the Answer of Thomas Earl of Macclesfield to their Articles of Impeachment against him. . A Question was proposed and stated for appointing his Lordship's Trial on Thursday Sevennight at the Bar of the House.
And, . the Question being put, Contents 59 whether those Words [at the Bar of NotCont. t 7 the House] shall stand Part of the Question? It was resolved in the Affirmative. Dissentient
1st, Because we are of Opinion, that it highly concerns the Honour and Dignity of this House, in all Cases of Impeachments, that the Trial should be had in the most publick and solemn Manner, that being most suitable to the Laws and Constitutions of this Kingdom in all Cases whatsoever, but is more especially requisite in a Prosecution of die Commons of Great-Britain begun and carried on by their Representatives in Parliament: 1 for which Reasons we think, that this Trial ought to be had in Westminsler-YlaW, and not at the Bar of the House, where it is impossible, as we conceive, to provide Room and other Conveniencies for the Attendance of the House os Commons, and such others
of the Subjects of this Kingdom who may be desirous to be present at this 1 rial.
idly, We are of Opinion, that it is a Justice due to the Earl who is impeached, to give him the Opportunity of vindicating himself, and to assert his Innocence in the most publick Manner imaginable, the Crimes wherewith he is charged by this Impeachment being of that Nature as render it, as we conceive^ most desirable, and even necessary, on his Part, to give universal Satissaction of his Innocence in a Cafe wherein his Honour, and that of his Posterity, are so highly concerned.
^d!y, We are of Opinion, that it is of great Moment to the Honour and Dignity of the Crown, the Fountain of Justice, that the Trial of this Impeachment should be had in that Place which may be most satissactory to the whole Nation, because the Articles, whereby the Earl stands impeached, relate to the Administration of the Publick Justice of the Kingdom, and consists of Facts and Matr ters charged on him whilst he was Lord High Chancellor, and as such was intrusted by his Majesty with the Execution of the most eminent Office and Station concerning the Administration of Justice.
^.tbly, Because we observe that the Earl impeached has, in his Defence, by his Answer, in some Degree involved the Honour of many great Personages, Peers of this Realm, and others, some living, and others long since deceased, but whose Descendants are now Peers and Members of this House, in the Consideration of the Matters and Crimes charged on himself; which Circumstance of the Defence being, as it seems to us, in the Opinion of the Earl, material to be examined into upon the Trial, we are of Opinion, that in this Respect also, the Place of Trial is become of more Importance and most proper to be in Weftminfter-HM,
and not at the Bar of this House, where the Examinations must unavoidably, as we conceive, be less publick, and in that Respect less satissactory.
gtbly, It appearing to us by several Reports delivered to this House by his Majesty's Direction, which relate to the Administration of the Justice of die High Court of Chancery, whilst the said Earl was Lord Chancellor, That there are very great Deficiencies of the Money and Effects belonging to Orphans and Widows, and others the Suitors of the Court; which Money and Kffects were brought into the Court, or into the Hands of the Masters in Chancery; and which Deficiencies, as they appear to us, amount to a great many Thousand Pounds, as yet wholly unsatisfied and unsecured; for this Reason, we are of Opinion, that it is necessary for the Publick, Satissaction, and particularly of the Suitors concerned, that his Trial should be had, not only in the most solemn Manner, but in the most publick Place alsof
6thly, We do not find, that any Impeachment of the Commons has been tried at the Bar of this House, or in any other Place than in WestminsterHall, since the Restoration of King Charles the Second, and before that Period, the Impeachment of the Earl pf Strafford was tried in PFeJimmfler-HaW; we find also, that, since the Restoration, every Peer which has been tried by this House, either upon an Impeachment or an Indictment, has had his Trial in Weftmiujier-Ha\\, and not at the Bar of this House; and some Time after the late Revolution, private Persons impeached by the Commons, for Frauds and Cheats relating to the Lutjiring Company, and private TrafHck, were appointed by this House to be tried in JVeJiminJier-HaM; the Impeachment of Dr. Sachcverell, for Misdemeanors committed in the Pulpit, was tried there also: for jyhich Reasons we are of Opinion, that this Imr k peachment