Establishment of such Houses: And therefore praying the House to take the Premises into Consideration, and grant such Relief as to the House shall seem meet.

ORDERED, Nemine contradicente, That Leave be given to bring in a Bill for the more effectual preventing the unlawful Playing of Interludes within the Precincts of the University of Cambridge, and the Places adjacent: And that Mr. Townshend and Mr. Walpole, do prepare, and bring in, the same.(1)

MERCURII, 160. DIE MARTII; ANNO 10o. GEORGII IIdi REGIS, 1736. A PETITION of the Chancellor, Masters, and Scholars, of the University of Cambridge, was presented to the House, and read; setting forth, That the University, by ancient Custom, and Charters confirmed by Act of Parliament, hath long enjoyed the sole Right of licensing Taverns, and all other publick Houses, within the Precincts of the same; which Right hath from time to time been reserved to them by special Clauses in all Acts of Parliament relating to the Regulation of Taverns, and other publick Houses; and that, for want of such Reservation in an Act, passed the last Session of Parliament, intituled, An Act for laying a Duty upon the Retailers of spirituous Liquors, and for licensing the Retailers thereof,(2) several Persons, Distillers, have set up the Trade of Vintners in the Town of Cambridge, without being licensed by the University, in Prejudice to the ancient Rights and Privileges thereof: And therefore praying the House to take the Premises into Consideration, and grant such Relief as to the House shall seem meet.

THE HOUSE was moved, That the Ninth Section of an Act, made the Twelfth Year of the Reign of her late Majesty Queen Anne, intituled, An Act to enable such Officers and Soldiers as have been in Her Majesty's Service during the late War to exercise Trades, and for Officers to account with their Soldiers,(3) might be read:

AND the same being read accordingly;

ORDERED, That it be an Instruction to the Gentlemen who are appointed to prepare, and bring in a Bill for the more effectual preventing the Playing of Interludes within the Precincts of the University of Cambridge, and Places adjacent, That they do insert therein a Clause, or Clauses, for explaining and amending so much of an Act, passed in the last Session of Parliament, intituled, An Act for laying a Duty upon the Retailers of spirituous Liquors, and for licensing the Retailers thereof, as may affect the Privilege of the University of Cambridge with respect to licensing Taverns, and all other publick Houses, within the Precincts of the same.(4)

MERCURII, 230. DIE MARTII; ANNO 10°. GEORGII IIdi. REGIS, 1736. A PETITION of the Distillers, now using the Trade of Vintners, in the Town of Cambridge, was presented to the House, and read; setting forth, That the Petitioners understand, that the University of Cambridge hath petitioned this House against the Petitioners using the said Trade of Vintners in the said Town, as being contrary to the Privilege which the said University enjoys; and that the Petitioners have had the Misfortune to be obliged, by a late Act of Parliament concerning spirituous Liquors, to reduce the Business of Distilling, in which they were brought up and instructed; and have laid out their Fortunes, in order to make Provision for themselves and Families; which

(1) Commons' Journals, xxii. 790.

(2) Stat. 9 Geo. II. c. 23.

(3) Vide ante, p. 113.

(4) Commons' Journals, xxii. 805.

Misfortune was foreseen to be so great, that a Clause in the same Act was provided to repair it, as far as possible, giving a Right to exercise any other Trade or Business in any Place of Great Britain, any Law, Charter, Custom, or Usage, to the contrary notwithstanding; and that the Petitioners, under the Sanction of the said Clause, have, with great Loss, Disadvantage, and Expence, converted their Effects into the Wine Trade, and have hired, furnished, and opened, Cellars and Taverns, as Vintners, in the said Town of Cambridge; and expressing their Hope, that they shall not a Second time be turned adrift to seek their Fortunes, which may turn to the utter Ruin of themselves and Families: And therefore praying, That the Petition from the said University to this House, in Prejudice to the Petitioners, may be rejected, or in such a manner considered as shall by this House be thought reasonable.

ORDERED, That the said Petition do lie upon the Table.(1)

On the 24th of March, Mr. Townshend one of the members for the University, according to order, presented to the House a bill for more effectually preventing the playing of interludes within the precincts of the University, and for explaining and amending so much of the act of the preceding session as might affect the privilege of the University with respect to the licensing taverns and all other public houses within the precincts of the same.(2)

1737.

The journals of the two Houses furnish the following account of the more material proceedings with reference to the Playhouse and Tavern Bill:

VENERIS, 10. DIE APRILIS; ANNO 10o. GEORGII IIdi REGIS, 1737.

A BILL for the more effectual preventing the unlawful Playing of Interludes within the Precincts of the University of Cambridge, and the Places adjacent; and for explaining and amending so much of an Act, passed in the last Session of Parliament, intituled, An Act for laying a Duty upon the Retailers of spirituous Liquors, and for licensing the Retailers thereof, as may affect the Privilege of the University of Cambridge with respect to licensing Taverns, and all other publick Houses, within the Precincts of the same; was read a Second time.

RESOLVED, That the Bill be committed.

RESOLVED, That the Bill be committed to a Committee of the whole House, RESOLVED, That this House will, upon this Day Fortnight, resolve itself into a Committee of the whole House upon the said Bill.

A PETITION of Joseph Kettle Esquire (alledging, That he will be restrained, by the said Bill from making use of a Playhouse erected by him in the Precincts of the Town of Cambridge, for acting Plays and Interludes during the time of Sturbridge Fair; and praying to be heard by his Counsel, against the said Bill) being offered to be presented to the House;

(1) Commons' Journals, xxii. 820,

(2) Ibid. $23.

A MOTION was made, and the Question being put, That the said Petition be brought up;

Ir passed in the Negative.

A PETITION of the several Gentlemen and Inhabitants of the Town and County of Cambridge, and the owners of Estates in Sturbridge Fair, whose Names are thereunder written; recommending the Entertainment of Plays and Interludes acted during the time of Sturbridge Fair; and praying to be heard by their Counsel, against the said Bill; being offered to be presented to the House;

A MOTION was made, and the Question being put, That the said Petition be brought up;

Ir passed in the Negative.(1)

VENERIS, 15o. DIE APRILIS; ANNO 10o. GEORGII IIdi, REGIS, 1737.

A PETITION of the Chancellor, Masters, and Scholars, of the University of Oxford, was presented to the House, and read; setting forth, That the Petitioners are informed, that a Bill for the more effectual preventing the unlaw. ful Playing of Interludes within the Precincts of the University of Cambridge, and the Places adjacent; and for explaining and amending so much of an Act passed in the last Session of Parliament, intituled An Act for laying a Duty upon the Retailers of spirituous Liquors, and for licensing the Retailers thereof, as may affect the Privilege of the University of Cambridge with respect to licensing Taverns and all other publick Houses, within the Precincts of the same; is now depending in this House, tending to the better Preservation of the Discipline and good Government of the University of Cambridge, in the several Instances recited in the said Bill; and that the Petitioners apprehend, that the several Powers and Advantages proposed to be granted to the University of Cambridge will be equally serviceable and necessary with regard to the Order, Discipline, and better Government, of the University of Oxford, and also to other good Purposes intended by the said Bill: And therefore praying, That, by the Favour of this House, the Petitioners may be included in the said Bill; and that the several Powers and Benefits therein granted may be extended to the University of Oxford, in the same manner as they are proposed to be granted to the University of Cambridge, ORDERED, That the said Petition be referred to the Consideration of the Committee of the whole House, to whom the said Bill is committed. ORDERED, That it be an Instruction to the said Committee, That they have Power to extend the Provisions of the said Bill to the University of Oxford.(2)

MARTIS, 190. DIE APRILIS; ANNO 10o, GEORGII IIdi REGIS, 1737. A PETITION of Thomas Allen was presented to the House, and read; setting forth, That the Petitioner, being a Person who followed the Art of Distillation for more than Seven Years next before the passing an Act in the last Session of Parliament, intituled, An Act for laying a Duty upon the Retailers of spirituous Liquors, and for licensing the Retailers thereof, had, by virtue of the said Act, from and after the Twenty ninth Day of September last, full Liberty and Authority to exercise and follow any other Trade, Art, Business, or Manufacture, in any City, Town, or Place, within that Part of Great Britain called England, any Law, Charter, Grant, Custom, or Usage, to the contrary notwithstanding; and that, the said Act having rendered the

(1) Commons' Journals, xxii. 836.

(2) Ibid. 816.

Petitioner's Business of Distillation useless to him, he did, for the better Support of himself and Family, since the said Twenty ninth Day of September last at his own great Hazard and Expence, hire an House and Wine Cellar in the Town of Cambridge, and stocked such Cellar with good and wholesome Wines of his own Importation from foreign Parts; and hath ever since sold such Wines at very moderate Prices as a Vintner, in the said Town; and was in hopes that he should not have been interrupted in such his honest Method of trading; but that he finds that the Chancellor, Masters, and Scholars, of the University of Cambridge, are attempting to procure such a Clause to be inserted in a Bill, now depending before the House, intituled a Bill for the more effectual restraining the unlawful Playing of Interludes within the Precincts of the University of Cambridge, and the Places adjacent; and for explaining and amending so much of an Act, passed in the last Session of Parliament, intituled, An Act for laying a Duty upon the Retailers of spirituous Liquors, and for licensing the Retailers thereof, as may affect the Privilege of the University of Cambridge with respect to licensing Taverns, and all other publick Houses, within the Precincts of the same; as will intirely disappoint the Petitioner of the Benefit of the said Act, to his irreparable Injury and Damage: And therefore praying, That the House will give him such Relief in the Premises as to the House shall seem meet. ORDERED, That the said Petition be referred to the Consideration of the Committee of the whole House, to whom the said Bill is committed.(1)

LUNE, 20. DIE MAII; ANNO 10°. GEORGII IIdi. REGIS, 1737

THE Order of the Day being read, for the House to resolve itself into a Committee of the whole House, upon the Bill for the more effectual preventing the unlawful Playing of Interludes within the Precincts of the University of Cambridge, and the Places adjacent; and for explaining and amending so much of an Act, passed in the last Session of Parliament, intituled, An Act for laying a Duty upon the Retailers of spirituous Liquors, and for licensing the Retailers thereof, as may affect the Privilege of the University of Cambridge, with respect to licensing Taverns, and all other publick Houses within the Precincts of the same;

ORDERED, That the Petition of the Distillers now using the Trade of Vintners in the Town of Cambridge, presented to the House upon the 23d Day of March last, and then ordered to lie upon the Table, be referred to the Consideration of the said Committee.

THEN the House resolved itself into the said Committee.

Mr. Speaker left the Chair.

Mr. Walpole took the Chair of the Committee.

Mr. Speaker resumed the Chair.

Mr. Walpole reported from the Committee, That they had considered the several Petitions to them referred; and had gone through the Bill, and made several Amendments thereunto; which they had directed him to report, when the House will please to receive the same.(2)

DIE LUNE, 90. MAII.

UPON READING the Petition of Joseph Kettle Esquire; setting forth, "That "he hath, at his own great Expence, built a commodious Playhouse, on his

own Land, within the Precincts of the Town of Cambridge, for the Enter"tainment of the Company who should come to Sturbridge Fair; and that

(1) Commons' Journals, xxii. 849.

(2) Ibid 869.

by the last mentioned Bill, the Petitioner will be restrained from making "Use of the said Playhouse, which will greatly affect his Property;" and praying, "That he may be heard, by Counsel, against the said Bill, and "have such Relief as to the House shall seem meet."

IT IS ORDERED, That the said Petition be rejected,(1)

The bill having passed through both Houses received the royal assent on the 21st of June. It is subjoined :

AN ACT for the more effectual preventing the unlawful playing of interludes within the precincts of the two universities, in that part of Great Britain called England, and the places adjacent; and for explaining and amending so much of an act passed in the last session of parliament, intituled, an act for laying a duty upon the retailers of spirituous liquors, and for licensing the retailers thereof, as may affect the privileges of the said universities, with respect to licensing taverns, and all other publick houses within the precincts of the same.

WHEREAS the letters patent of King Henry the eighth, made and granted unto the chancellor and scholars of the university of Oxford, bearing date the first day of April, in the fourteenth year of his reign; and the letters patent of Queen Elizabeth, made and granted unto the chancellor, masters, and scholars of the university of Cambridge, bearing date the twenty sixth day of April, in the third year of her reign; and also all other letters patent by any of her progenitors or predecessors made to either of the corporated bodies of the said universities, and all manner of liberties, franchises, immunities, quietances, and privileges, view of frank pledge, law days, and other things, whatsoever they were, the which either of the said corporated bodies of the said universities had held, occupied, or enjoyed, or of right ought to have had, used, occupied, and enjoyed, were by authority of parliament in the thirteenth year of her reign,(2) confirmed to the chancellor, masters, and scholars of either of the said universities, and their successors, for the great love and favour that her said Majesty bore towards her said universities, for the great zeal and care that the lords and commons had for the maintenance of good and godly literature, and the virtuous education of youth, within either of the said universities, and to the intent that the ancient privileges, liberties and franchises, of either of the said universities, granted, ratified, and confirmed by the Queen's highness, and her most noble progenitors, might be had in greater estimation, and be of greater force and strength for the better increase of learning, and the further suppressing of vice, AND WHEREAS doubts have arisen or may arise, whether by any of the said letters patent, liberties, franchises, immunities, or privileges, or by any subsequent charter or charters, or by the laws and statutes of this realm, the chancellor of either of the said universities, or the vice-chancellor thereof, or his deputy, or any other person or persons, be sufficiently impowered to correct, restrain, or suppress common players of interludes, settled, residing, or inhabiting within the precincts of either of the said universities, and not wandering abroad: AND WHEREAS the erection of any playhouse within the precincts of either of the said universities, or places adjacent, may be attended with great inconveniences; MAY IT PLEASE your most excellenct Majesty that it may be en

(1) Lords' Journals, xxv. 108.

(2) Vide Vol. ii. p. 71.