1736.

After the fecond Reading of this Bill the next Day, Sir Anno 9. Geo. 11. John Hind Cotton, took Notice, That upon a ferious Attention to that Bill, he was not at all furprized to fee it Sir J. H. Cotton. brought in fo late in the Seffion, and passed in such a Hurry; for as it was drawn up with a Retrofpect, it was really an Act of Indemnity for almost all the Bribery and Corruption Men might have been guilty of at the laft general Elections for Members of Parliament, and might very probably be an Injury to several private Men, who had already done all that was made necessary by that Act for intitling themselves to carry on Prosecutions against Offenders; for as the two Years fince the former Election were then juft expiring, if a Gentleman had juft fued out forty Originals against forty different Offenders, and had thereby intitled himself to proceed against them at his own Conveniency, he would be intirely difappointed, and lofe the whole Expence he had been at; because the two Years would very probably be expired before he could hear of this Act, and then it would by this new A&t be past the Time for ferving even those very Originals, which he had regularly fued out in the Terms of the former A&t; therefore he hoped the Committee would amend the Bill, fo as to prevent its having a Retrofpect, or doing an Injury to any Gentleman who had been guilty of no wilful Delay or Omiffion, as the Law then flood; for it was very probable that a great Number of Originals had been fued out, but not ferved or profecuted, because the Profecutors would in common Prudence wait 'till a few Cafes of the fame Nature had been determined, in order that they might from thence learn how to proceed.'

Mr More:

To this it was answered by Mr Lloyd and Mr More: Mr Lloyd. That whatever Lawyers might mean by a Profecution commenced, the Meaning of the Legiflature when that Law paffed, certainly was, That no Profecution fhould be underflood to be commenced, unless the Perfon profecuted had Notice of it, within the Time limited, by an Arrest, Summons, or fome other legal Method; and as this was the Meaning of the Legislature, they believed moft Gentlemen had taken it in that Senfe, for they had never heard of any Profecutions commenced in the other Manner, nor could any Gentleman in that Houfe give an Inftance where a Prosecu tor had fued out a Number of Originals without fummoning or arrefting the Perfons against whom they were fued out; from whence it was to be prefumed, that if there were any fuch Inftances, they were fo rare as not to deferve the Notice of that Houfe.'"

Then the Bill was agreed to without any Amendment, and being read a third Time on the 14th of May, paffed with- The faid B out Oppofition.

paffed.

* G g 2

May

Anno 9. Geo. 11. 1736.

The Bill against

May 14. The Bill against Smuggling was read the third Time, and a Motion being made that the Bill do país, the fame was oppofed by fome Members; but the Question beSmuggling read a ing put, it was refolved in the Affirmative by 88 against 39, and Mr Willes was ordered to carry the Bill to the Lords, and defire their Concurrence.

third Time and

fent up to the Lords.

Debate on an A

mendment made by the Lords,

May 20. The faid Bill was returned to the House of Commons, when they took into Confideration an Amendment made by the Lords; and the faid Amendment being twice read, Mr Speaker acquainted the Houfe, That when any Thing occurred which might any Way look like an Incroach. ment upon the Privileges of that House, he thought it was his Duty to lay the Cafe impartially before them, and then to leave the House to do in it as they should think fit: That in all Bills by which any Tax or Duty was to be imposed upon the Subject, it was the undoubted Privilege of that House, and they had always inftfted upon it, that the other House fhould not make any the leaft Amendment to any fuch Bill; but were in all fuch Cafes either to pass the Bill without any Amendment, or to reject it if they thought fit: That as the Taxes and Duties granted by that Houfe, could not be raised or collected without prefcribing proper and effectual Methods for that Purpose, therefore in all Bills for impofing any Tax or Duty upon the Subject, certain Methods had been prescribed for effectually raifing that Tax or Duty; and if the Methods prescribed fhould afterwards by Experience be found ineffectual, new Methods had always been contrived, and proper Bills paffed for eftablishing those new Methods; which laft Sort of Bills had generally been looked on as Appendixes to the first Bill by which the Tax or Duty was granted; therefore fuch Bills were looked upon as Bills of the fame Nature with the firft, and confequently that House had generally infifted upon it, that the other House could not make any Amendment to this laft Sort of Bills, no more than they could have done to the Bill by which the Tax or Duty was granted: That as the Bill then before them was for enforcing the Laws made for fecuring the Revenues of Cuftoms and Excife, it was properly to be confidered as an Appendix to the Laws by which thofe Revenues were originally established; and as the other House had made an Amendment to it, he did not know but their making an Amendment to fuch a Bill, might be looked on as fome fort of Incroachment upon the Privileges of that Houfe; for which Reafon he thought it his Duty to state the Cafe to them, before they proceeded to take the Amendment into their Confideration. That he had fearched the

Attorney General,

Journals

Journals of the Houfe for Cafes of the fame Nature, and Anno 9. Geo. II. would read fuch of them as he thought most applicable to

the Cafe then before them.'

1736.

Upon this feveral Journals of the House were read, re- Which is agreed lating to Amendments made by the Lords to Money-Bills, to and the Bill or Bills of the fame Nature: The reading thefe Journals oc- passed. cafioned a Jebate in the House in relation to their Privilege: But at last the Question was put for agreeing to the Amendment, which was carried in the Affirmative; and Mr Willes was ordered to carry the Bill to the Lords, and acquaint them, That the House had agreed to the Amendment.

The fame Day the King came to the House of Peers ; and the Commons attending, his Majefty put an End to the Seffion with the following Speech.

My Lords and Gentlemen,

“TH

HE Difpatch you have given to the Publick Bufi- The King's Speech nefs, and the advanced Season of the Year, make "it proper to put an End to this Seffion of Parliament.

"I acquainted you, at your firft Meeting, that Preliminary Articles had been concluded between the Emperor " and the most Christian King; fince which Time, a far"ther Convention, concerning the Execution of them, hath "been made, and communicated to Me, by both those "Courts, and Negociations are carrying on, by the several "Powers engaged in the late War, in order to settle the "General Pacification.

Gentlemen of the House of Commons,

"I return you my Thanks for the Provifions you have "made for the Service of the current Year; you can never "better recommend yourselves to my Efteem, and to the "good Opinion of thofe you reprefent, than by raising the Supplies neceflary for the Support of my Government, and "for the Service of the Publick, in a Manner the most effectual, and the leaft burthenfome to my People.

64

My Lords and Gentlemen,

"It is a great Concern to Me, to fee fuch Seeds of Diffen"tion fown among my good People, as, if not timely prevented, may prove very prejudicial to the Peace and Quiet of my Kingdoms; it is my Defire, and fhall be my Care, to preferve the prefent Conftitution in Church and State, as by Law established, perfect and entire, and not to coun*tenance any Attempts to the Prejudice of either. Good "Harmony, and mutual Affection, among all the Proteftants "of this Nation, have been the great Security of the prefent happy Establishment, from the Revolution to this "Time; by this united Strength they will be able to refift

"the

at putting an End to the Second Seffion.

1736.

Anno 9. Geo. II. "the fecret and open Attempts of its common Enemies ; "but divided, they may become a Prey to them. My Pro"tection shall be impartially dispensed to all my Subjects, in "the full Enjoyment of their Religious and Civil Rights; let

The Parliament Pioregued,

it be your Care, by your Conduct, in your several Stati"ons, to make my Endeavours for your common Happi"nefs effectual.

My Lords and Gentlemen,

"It being neceffary for Me to visit my Dominions in "Germany again this Year, I have refolved to appoint the "Queen Regent here, during my Abfence. The Experi

ence you have already had of Her juft and prudent Ad"ministration, will, I doubt not, engage you all, to make "the Weight of the Publick Affairs as eafy to Her, as Her "wife Conduct will render the Government agreeable to you; and this I recommend to you in a particular Man

Then the Lord Chancellor, by his Majefty's Command, prorogued the Parliament to the 29th of July: They were afterwards farther prorogued to the ft of February.

SPEECHES

MINUTES, &c. of the THIRD SESSION, by way of Introduction to, and Illuftration of, the DEBATES, which follow, to the End of the faid Seffion.

A Series of the Proceedings of the Committee on the Supply and Ways and Means.

TH

HE Houfe having refolved, on Feb. 2. that they would next Morning take into Confideration the Speech of the Lords Commiffioners, appointed by his Majefty for holding that Parliament, to both Houfes of Parliament, they accordingly proceeded next Day to take the faid Speech into Confideration; and the fame being again read by Mr. Speaker, a Motion was made, That a Supply fhould be granted to his Majefty; whereupon 'twas refolved, that the Houfe would the next Morning refolve itself into a Committee of the whole House, to confider of the faid Motion.

Thus the Committee of Supply was established in the usual Form, and as that Committee is in every Seffion one of the chief Committees, we fhall give the Hiftory of it during laft Seffion, before we give an Account of any of the Debates that happened in it; in order that our Readers may have at once, and as it were at one View, all the Refolutions agreed to in the fame.

On the 4th, the Order of the Day being read, for the Houfe to refolve itself into the faid Committee, the laid Speech of the Lords Commiffioners was ordered to be referred to the fame; and the House having then refolved itself nto the said Committee, they refolved, That it was the Opiion of that Committee, that a Supply should be granted to his Majefty; which was on the Monday following reported and greed to by the Houfe Nemine Contradicente.

On the 9th, the Houfe, according to Order, refolved itself gain into the faid Committee, and came to the following Refolutions, which were reported, and all agreed to by the House, viz.

That ten thousand Men fhould be employed for the Seaervice for the Year 1737, beginning from Jan. 1. 1736

That