been had by Parliament of the Duty enjoined by each Article to the Soldiers, and of the Measure of their Punishment; whereas the Sanction of Parliament is now given by this Bill to what they have had no Opportunity to confider. 1othly, Because the Claufe in this Bill enabling his Majefty to eft blifh Articles of War and erect CourtsMartial, with Power to try and determine any Offences to be specified in fuch Articles and to inflict Punishments for the fame within this Kingdom in Time of Peace, doth (as we conceive) in all those Inftances, veit a fole legislative Power in the Crown; which Power, how fafely foever it may be lodged with his prefent Majefty, and how tenderly foever it may be exercised by him, may yet prove of dangerous Confequence, fhould it be drawn into Precedent in future Reigns. 11thly, Because the Claufe in the Bill, alledged to be made for enabling honeft Creditors to recover their just Debts from Soldiers, feems to us rather to give a Protection to the Soldier than any real Advantage to his Creditor, or other Perfon having juft Caufe of Action against him; it protects the Perfon of a Soldier from Execution, as well as the mefne Process, for any Debt under ten Pounds; and it protects the Eftate and Effects as well as the Perfon of every Soldier from all other Suits but for Debt, where the Cause of Action doth not amount to the like Sum; and in other Cafes, where the Cause of Action exceeds that Value, Plaintiffs are in many Inftances put under fuch unreasonable Difficulties, that, we conceive, before they can be allowed even to commence their Suit, their bare Compliance therewith may become more grievous to them than the Lofs of their Debt, or a quiet Submiffion to the Wrong fuftained; by which Means his Majefty's good Subjects may be highly injured in their Properties, and infulted in their Perfons by the Soldiery, and yet be deprived of the legal Remedies appointed for the Redrefs of fuch Grievances. W. Ebor', Compton, Dartmouth, Hay, Fran. Ceftriens, Tadcafer, Bristol, Strafford, Scarfdale, Boyle, Litchfield, Guilford, Foley, Gower, Poulett, Greenwich, Manfell, P. Hereford, Weston, Fr. Rofen', Montjoy, Trevor, Abingdon, Oxford. Die Sabbati 8° Martii, 1717. Hodie za vice leta eft Billa, entitled, An Act to impower the Commiflioners appointed to put in Execution the A&s of the ninth and tenth Years of her late Majefty's Reign for building fifty new Churches in and about the Cities of London and Westminster and Suburbs thereof, to direct the Parish Church of St. Giles in the Fields in the County of Middlefex to be rebuilt instead of one of the faid fity new Churches. Then it being moved, that in the third Line of the ft Prefs after the Words [Queen Anne] the Words [of pious Memory may be there inferted, The fame was objected to. Contents 33 Not Cont.54 Diffentient' After Debate, the Queftion was put, Because we cannot but judge thefe Words [of pious Memory] highly decent and proper to have been inferted in a Bill reciting two pious and gracious Acts of Parliament paffed in the Reign of her late Majesty, for the rebuilding of fifty new Churches? a Work earneftly recommended by her Majefty to her Parliament, and by them declared to be fo much for the Honour of God, the fpiritual Welfare of her Majefty's Subjects, the In tereft of the established Church, and the Glory of her Majesty's Reign. ft, Because it doth not appear to us, from any Declaration in his Majefty's Name to either House of Parliament, that his Royal Leave was given for bringing in the faid Bill, as, we humbly conceive, it ought to have been, for bringing in a Bill of this Nature. zdly, Because this Bill, in our Opinion, manifeftly tends to defeat the Ends and Purposes of two Acts of Parliament for building fifty new Churches, and yet at the fame Time afferts that the Intention of the faid Acts would be hereby answered. 3dly, Becaufe this Bill further afferts, That the Parish of St. Giles is in no Condition to raise or pay the Sum of three thousand Pounds and upwards for the Repair of its Parish-Church, which we apprehend to be evidently falfe in Fact; and if true, to be no Reason for rebuilding the faid Church out of the Fund given for building fifty new Churches. 4thly, Becaufe this Bill moreover afferts, That the faid Parish, when rebuilt, and the Church, which is now. building in the faid Parish, by Virtue of the Acts for building fifty new Churches, will be fufficient for the Inhabitants of the faid Parish; whereas we are credibly. informed, and, upon the beft Calculation, do believe, that there are about forty thousand Souls in the said Parish, and do think, that three new Churches, together with the present Parish-Church, will be barely fufficienc for that Number. 5thyl, Becaule if this Precedent of rebuilding old Churches out of the Fund appropriated for building new ones fhould be followed, and the Ends of the abovefaid Acts fhould be thereby in any great Measure defeated, we are apprehenfive, that many Thousands of his Majefty's good Subjects in and about thefe populous Cities will be left unprovided of Churches, whereunto they may refort for the publick Worship of God, and will K thereby thereby remain deftitute of the neceffary Means of being inftructed in the true Chriftian Religion, as it is now profeffed in the Church of England, and eftablifh'd by the Laws of this Realm. Manfell, Oxford, Die Martis 11° Martii, 1717. Hodie 3a vice leta eft Billa, entitled, An A&t for vefting the forfeited Estates in Great-Britain and Ireland in Truflees, to be fold for the Ufe of the Publick, and for giving Relief to lawful Creditors, by determining the Clains, and for the more effectual bringing into the refpective Exchequers the Rents and Profits of the faid Eftates till fold. Contents 5582 Proxies 31 76 The Question was put, whether this It was refolved in the Affirma- 1, Because, we humbly conceive, that the Charges. of this Commiffion are a very great and unneceffary Burthen on the Publick, and will iwallow up a great Part of that Fund the Commiffioners are appointed to be Guardians of; whereas the Ends of that Truft, which is lodged in them by this Bill, might have been more eafily, more juftly, and with lefs Expence, attainted by the known and ordinary Course of the Law. 2dly, Becaufe there is erected in this Bill a Court of Judicature with ftrange and new Powers, viz. in a fummary Way, and without the Formality of Proceedings in the Courts of Law or Equity to proceed by, and upon the Teftimony of Witneffes upon Oath; Examination of Perfons claiming, or otherwife interefted upon their Oaths, Infpection and Examination of Deeds, Writings and Records; and by all or any of the faid. Ways and Means, or otherwife, according to the Circumftances 195. cumstances of the Cafe, or of the Perfons claiming, as foon as conveniently may be, to hear, determine and adjudge all and every Claim and Claims: Which Words feem to contain the most arbitrary and unlimited Authority that can poffibly be created; and in particular, the Expreffion concerning the Circumftances of the Perfons is not only unknown to our Laws, but prefcribes a Rule which was never yet thought to be a proper Ingredient in the impartial Administration of Justice. 3dly, Because there is in this Bill a Penalty laid on the Witneffes who fhall forfwear themselves to fupport any Claim, but no Punishment inflicted on those who fhall make false Oaths in Order to defeat any juft Demand. 4thly, Because there is nothing in this Bill which incapacitates the Commiffioners, or any in Trust for them, to purchase Claims on the forfeited Eftates; and yet in Cafe they should make fuch Purchases, they will become both Judges and Parties in the fame Cause, and confequently be expofed to Temptations of a great and dangerous Nature. 5thly, Because the reverfing and making void all Acts and Decrees of any Court of Judicature, paffed fince the 24th Day of June 1715, concerning any Right, Charge or Intereft out of any of the forfeited Eftates, and the rot faving to all Creditors and other Claimants fuch Right as they had before the paffing this Bill, does greatly endanger, if not totally make void the juft Demands of fuchCreditors or other Claimants, which they have not only in many Cafes a Right to by the ancient Laws of their Country, but which are fecured to them (at least in that Part of Great-Britain called Scotland) by the Faith of an Act of Parliament, as a future Reward of their dutiful and loyal Behaviour to his Majesty and his Government, when the Nation was threaten'd with the greatest Dangers; which Reward has been confirmed to them by a fubfequent A&t. 6thly, Because the Time of entring Claims on Eftates. forfeited, or to be forfeited before the 24th of June, 1718, is allowed no farther then to the first of June in the faid Year; whereby all Creditors, Claimants, and Bona Fide Purchasers of Eftates, which may be forfeited be K 2 tween |