their ancient Title and Franchifes, bring them under infuperable Difficulties, and may be followed with dangerous Confequences concerning the very Being and Conftitution of the Corporation, many of which it is impoffible to forefee or enumerate. 2dly, We are of Opinion, that the new Conftitution of the Common-Council enacted by this Bill, whereby a Negative is declared and given to the Mayor and Aldermen, not only in the making of By-Laws for the Government of the City, but in other Acts concerning the Iffuing and Difpofal of the Treasure of the City, and alfo of the Seal of the City, whereby their Lands and other Eftates are fubjected to the faid Negative, and in all other Acts and Powers at this Time, as we conceive, belonging to the Common Council, excepting only the Appointment of fome few Officers mentioned in the Bill, is a dangerous Innovation upon the City, unfupported by any Evidence offered at the Bar, of the ancient Conftitution, and though in late Times mentioned to be claimed, yet contrary, as we conceive, to a clear uninterrupted and convincing Proof of the Exercife of the Powers and Authorities of the Common-Council in all Ages, to the 29th of January 1723; and we conceive the Alteration made by the Bill in this Refpect to be the more unwarrantable, becaufe the written Evidence offered to fupport the Claim of a Negative by the Mayor and Aldermen was either conceived in general Terms unapplicable to that Claim, and not maintained by fubfequent Practice, or was drawn from Proceedings in Times of Trouble and Confufion. " 3dy, We are of Opinion, that the extraordinary Power, given by this Bill to the Mayor and Aldermen, will veft in them new exorbitant Authorities over all the Citizens, their Rights, Liberties and Franchises of all Kinds, inconfiftent with that Ballance of Power in the City, by which the famie have been preserved, and in the future Exercise thereof muft, as we conceive, lay the Foundation of conftant and lafting Difputes, Divifions and Diftractions, in the City of London. 4thly, We think this Bill is the more dangerous, because it creates a new Conftitution in feveral Particulars contained in it, not framed upon the antient Rights proved or pretended to, or difputed on either Side, but is a new Model without due Regard to the antecedent Rights as claimed by either Side, and will deprive a great Number of Citizens of their antient Rights and Franchises in Elections and otherwife, without leaving them any Opportunity of afferting the fame by due Courfet of Law, and is a Precedent of the most dangerous Confequence to all the Cities and Corporations of this Kingdom. 5thly, We are of Opinion, that the Abolition of the antient Custom of the City touching the perfonal Eftates of Freemen is a dangerous Innovation tending to let into the Government of the City Perfons unexperienced and unpractised in the laudable and beneficial Trade of the City and Kingdom, and unfit for the Magiftracy of the City, and may thereby introduce improper and pernicious Influences over the Citizens; and we think that the Strength, Riches, Power and Safety of the City of London have been hitherto, in a great Meafure, fupported by this and other Cuftoms of the City, as the Walls thereof; and we fear, that the Decay of Trade, and with that, of the Grandeur of the City of London, and the Diminution and Lofs of the great Excifes and Duties arifing from the Trade of the City, on which the Support of h's Majesty's Government fo much depends, may be the Confequence of the Abolition of this ancient Custom and Privilege of the Freemen of the City of London. B 4 6thly 6thly, Because we are of Opinion, that the Petition of the many Thousand Freemen of the City against this Bill ought to be a far greater Weight against this Bill, than the Petition of Fifteen Aldermen for it; and that the Confufion which may arife from this Bill, if paffed into a Law, may tend greatly to the future Disturbance of his Majesty's. wife and gentle Government. Wharton, Strafford, Coventry, Die Lune 190 Aprilis, 1725. Hodie 3a vice leta eft Billa, entitled, An Act for redeeming the Annuities of Twenty-five thousand Pounds per Annum charged on the Civil-Lift Revenues by an A&t of the feventh Year of his Ma-jefty's Reign, and for difcharging the Debts and, Arrears due from his Majefty to his Servants, Tradefmen, and others. The Question was put, whether this Bill shall pafs? It was refolved in the Affirmative. Diffentient' Because this Bill is to raise a great Sum of Money, which will, as we apprehend, become a Burthen upon the Publick, and increase that immense, Load of Debt, which is already above Fifty Millions, and therefore, in our Opinions, require the utmost Application to diminish it, and cannot but give us the moft melancholy Profpect, whenever, efpecially in a Time of Peace and Tranquility, wẹ find any Addition is made to it; and fince his Majefty's Revenue, when firft fettled, was thought sufficient by the Parliament to anfwer all the neceffary Expences of his Civil Government, and is larger, as we conceive, than that of his Predeceffors; and fince that Revenue has once already, and not long ago, received an Aid of the like Sum, we think we were fully justified in expecting an Account of the the Reasons of contracting fo great a Debt; and are of Opinion, we cannot discharge our Duty to our Country, if we should thus uninformed, and in the Dark, give our Confent to this Bill, which be- ing the second of this Kind within a fhort Compass Die Lune 260 Aprilis, 1725. The Commons having brought up a Replication A Queftion was proposed and stated for appoint- Contents 59 And, the Queftion being put, ft, Because we are of Opinion, that it highly concerns the Honour and Dignity of this House, in all Cafes of Impeachments, that the Trial fhould be had in the most publick and folemn Manner, that being moft fuitable to the Laws and Confti- tutions of this Kingdom in all Cafes whatsoever, but is more especially requifite in a Profecution of the Commons of Great-Britain begun and carried on by their Reprefentatives in Parliament: for which Reafons we think, that this Trial ought to be had in Westminster-Hall, and not at the Bar of the Houfe, where it is impoffible, as we conceive, to of of the Subjects of this Kingdom who may be defirous to be prefent at this Trial. 2dly, We are of Opinion, that it is a Juftice due to the Earl who is impeached, to give him the Opportunity of vindicating himself, and to affert 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 defirable, and even neceffary, on his Part, to give univerfal Satisfaction of his Innocence in a Cafe wherein his Honour, and that of his Pofterity, are fo highly concerned. 3dly, We are of Opinion, that it is of great Moment to the Honour and Dignity of the Crown, the Fountain of Juftice, that the Trial of this Impeachment fhould be had in that Place which may. be most fatisfactory to the whole Nation, because the Articles, whereby the Earl ftands impeached, relate to the Adminiftration of the Publick Juftice. of the Kingdom, and confifts of Facts and Matters charged on him whilft he was Lord High Chancellor, and as fuch was intrufted by his Majefty with the Execution of the moft eminent Office and Station concerning the Adminiftration of Justice. 4thly, Because we obferve that the Earl impeached has, in his Defence, by his Anfwer, in fome Degree involved the Honour of many great Perfonages, Peers of this Realm, and others, fome living, and others long fince deceased, but whofe Defcendants are now Peers and Members of this Houfe, in the Confideration of the Matters and Crimes charged on himself, which Circumftance of the Defence being, as it feems to us, in the Opinion of the Earl, material to be examined into. upon the Trial, we are of Opinion, that in this Refpect alfo, the Place of Trial is become of more Importance and moft proper to be in Westminster-Hall, and |